PUBL095.PS

PUBLIC LAW 114–95—DEC. 10, 2015

EVERY STUDENT SUCCEEDS ACT

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129 STAT. 1802 PUBLIC LAW 114–95—DEC. 10, 2015

Public Law 114–95

114th Congress

An Act

To reauthorize the Elementary and Secondary Education Act of 1965 to ensure

that every child achieves.

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Transition.

Sec. 5. Effective dates.

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

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL

EDUCATIONAL AGENCIES

ART

A—I

MPROVING

ASIC

ROGRAMS

PERATED BY

TATE AND

OCAL

DUCATIONAL

GENCIES

Sec. 1000. Redesignations.

Sec. 1001. Statement of purpose.

Sec. 1002. Authorization of appropriations.

Sec. 1003. School improvement.

Sec. 1004. Direct student services.

Sec. 1005. State plans.

Sec. 1006. Local educational agency plans.

Sec. 1007. Eligible school attendance areas.

Sec. 1008. Schoolwide programs.

Sec. 1009. Targeted assistance schools.

Sec. 1010. Parent and family engagement.

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

Sec. 1012. Supplement, not supplant.

Sec. 1013. Coordination requirements.

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

Sec. 1015. Allocations to States.

Sec. 1016. Adequacy of funding rule.

Sec. 1017. Education finance incentive grant program.

ART

B—S

TATE

SSESSMENT

RANTS

Sec. 1201. State assessment grants.

ART

C—E

DUCATION OF

IGRATORY

HILDREN

Sec. 1301. Education of migratory children.

ART

D—P

REVENTION AND

NTERVENTION

ROGRAMS FOR

HILDREN AND

OUTH

EGLECTED

, D

ELINQUENT

RISK

Sec. 1401. Prevention and intervention programs for children and youth who are

neglected, delinquent, or at-risk.

ART

E—F

LEXIBILITY FOR

QUITABLE

PUPIL

UNDING

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

Every Student

Succeeds Act.

20 USC 6301

note.

Dec. 10, 2015

[S. 1177]

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129 STAT. 1803 PUBLIC LAW 114–95—DEC. 10, 2015

ART

F—G

ENERAL

ROVISIONS

Sec. 1601. General provisions.

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS

Sec. 2001. General provisions.

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

other school leaders.

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND

IMMIGRANT STUDENTS

Sec. 3001. Redesignation of certain provisions.

Sec. 3002. Authorization of appropriations.

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

achievement.

Sec. 3004. General provisions.

TITLE IV—21ST CENTURY SCHOOLS

Sec. 4001. Redesignations and transfers.

Sec. 4002. General provisions.

ART

A—S

TUDENT

UPPORT AND

CADEMIC

NRICHMENT

RANTS

Sec. 4101. Student support and academic enrichment grants.

ART

B—21

ENTURY

OMMUNITY

EARNING

ENTERS

Sec. 4201. 21st century community learning centers.

ART

C—E

XPANDING

PPORTUNITY

HROUGH

UALITY

HARTER

CHOOLS

Sec. 4301. Charter schools.

ART

D—M

AGNET

CHOOLS

SSISTANCE

Sec. 4401. Magnet schools assistance.

ART

E—F

AMILY

NGAGEMENT IN

DUCATION

ROGRAMS

Sec. 4501. Family Engagement in Education Programs.

ART

F—N

ATIONAL

CTIVITIES

Sec. 4601. National activities.

TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY

Sec. 5001. General provisions.

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

Sec. 5003. Rural education initiative.

Sec. 5004. General provisions.

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

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

Sec. 6001. Conforming amendments.

Sec. 6002. Indian education.

Sec. 6003. Native Hawaiian education.

Sec. 6004. Alaska Native education.

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

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

TITLE VII—IMPACT AID

Sec. 7001. General provisions.

Sec. 7002. Purpose.

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

Sec. 7004. Payments for eligible federally connected children.

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

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

Sec. 7007. Construction.

Sec. 7008. Facilities.

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

Sec. 7010. Federal administration.

Sec. 7011. Administrative hearings and judicial review.

Sec. 7012. Definitions.

Sec. 7013. Authorization of appropriations.

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129 STAT. 1804 PUBLIC LAW 114–95—DEC. 10, 2015

TITLE VIII—GENERAL PROVISIONS

Sec. 8001. General provisions.

Sec. 8002. Definitions.

Sec. 8003. Applicability of title.

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

Sec. 8005. Consolidation of State administrative funds for elementary and sec-

ondary education programs.

Sec. 8006. Consolidation of funds for local administration.

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

Sec. 8008. Department staff.

Sec. 8009. Optional consolidated State plans or applications.

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

Sec. 8011. Rural consolidated plan.

Sec. 8012. Other general assurances.

Sec. 8013. Waivers of statutory and regulatory requirements.

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

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

Sec. 8016. Standards for by-pass.

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

Sec. 8018. By-pass determination process.

Sec. 8019. Maintenance of effort.

Sec. 8020. Prohibition regarding state aid.

Sec. 8021. School prayer.

Sec. 8022. Prohibited uses of funds.

Sec. 8023. Prohibitions.

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

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

mation.

Sec. 8026. Prohibition on federally sponsored testing.

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

or other school leaders.

Sec. 8028. Prohibition on requiring State participation.

Sec. 8029. Civil rights.

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

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

Sec. 8032. Consultation with the Governor.

Sec. 8033. Local governance.

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

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

Sec. 8036. State control over standards.

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

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

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

cation.

Sec. 8040. Privacy.

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

Sec. 8042. Evaluations.

TITLE IX—EDUCATION FOR THE HOMELESS AND OTHER LAWS

ART

A—H

OMELESS

HILDREN AND

OUTHS

Sec. 9101. Statement of policy.

Sec. 9102. Grants for State and local activities.

Sec. 9103. Local educational agency subgrants.

Sec. 9104. Secretarial responsibilities.

Sec. 9105. Definitions.

Sec. 9106. Authorization of appropriations.

Sec. 9107. Effective date.

ART

B—M

ISCELLANEOUS

; O

THER

AWS

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

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

Sec. 9203. Preventing improper use of taxpayer funds.

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

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

ports.

Sec. 9206. Posthumous pardon.

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

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

drop out of school.

Sec. 9209. Report on subgroup sample size.

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129 STAT. 1805 PUBLIC LAW 114–95—DEC. 10, 2015

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

Sec. 9211. Study on the title I formula.

Sec. 9212. Preschool development grants.

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

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

Sec. 9215. Additional conforming amendments to other laws.

SEC. 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.).

SEC. 4. TRANSITION.

(a) F

UNDING

UTHORITY

.—

(1) M

ULTI

YEAR AWARDS

.—

(A) P

ROGRAMS NO LONGER AUTHORIZED

.—Except as

otherwise provided in this Act or the amendments made

by this Act, the recipient of a multiyear award under

the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq.), as in effect on the day before the

date of enactment of this Act, under a program that is

not authorized under the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended

by this Act, and—

(i) that is not substantively similar to a program

authorized under the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended

by this Act, shall continue to receive funds in accord-

ance with the terms of such prior award, except that

no additional funds for such program may be awarded

after September 30, 2016; and

(ii) that is substantively similar to a program

authorized under the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended

by this Act, shall continue to receive funds in accord-

ance with the terms of such prior award.

(B) A

UTHORIZED PROGRAMS

.—Except as otherwise pro-

vided in this Act, or the amendments made by this Act,

the recipient of a multiyear award under a program that

was authorized under the Elementary and Secondary Edu-

cation Act of 1965 (20 U.S.C. 6301 et seq.), as in effect

on the day before the date of enactment of this Act, and

that is authorized under such Act (20 U.S.C. 6301 et seq.),

as amended by this Act, shall continue to receive funds

in accordance with the terms of such prior award.

(2) P

LANNING AND TRANSITION

.—Notwithstanding any other

provision of law, a recipient of funds under a program described

in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to

the recipient under such program, to carry out necessary and

reasonable planning and transition activities in order to ensure

the recipient’s compliance with the amendments to such pro-

gram made by this Act.

(b) O

RDERLY

RANSITION

.—Subject to subsection (a)(1)(A)(i), the

Secretary shall take such steps as are necessary to provide for

the orderly transition to, and implementation of, programs author-

ized under the Elementary and Secondary Education Act of 1965

20 USC 6301

note.

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129 STAT. 1806 PUBLIC LAW 114–95—DEC. 10, 2015

(20 U.S.C. 6301 et. seq.), as amended by this Act, from programs

authorized under the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before

the date of enactment of this Act.

ERMINATION OF

ERTAIN

AIVERS

.—

(1) I

N GENERAL

.—Notwithstanding any other provision of

this Act, and subject to section 5(e)(2), a waiver described

in paragraph (2) shall be null and void and have no legal

effect on or after August 1, 2016.

(2) W

AIVERS

.—A waiver shall be subject to paragraph (1)

if the waiver was granted by the Secretary of Education to

a State or consortium of local educational agencies under the

program first introduced in a letter to chief State school officers

dated September 23, 2011, and authorized under section 9401

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7861), as in effect on the day before the date of enact-

ment of this Act.

SEC. 5. EFFECTIVE DATES.

(a) I

ENERAL

.—Except as otherwise provided in this Act,

or an amendment made by this Act, this Act, and the amendments

made by this Act, shall be effective upon the date of enactment

of this Act.

(b) N

ONCOMPETITIVE

ROGRAMS

.—With respect to noncompeti-

tive programs under the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11301 et seq.) under which any funds

are allotted by the Secretary of Education to recipients on the

basis of a formula, the amendments made by this Act shall be

effective beginning on July 1, 2016, except as otherwise provided

in such amendments.

OMPETITIVE

ROGRAMS

.—With respect to programs that

are conducted by the Secretary of Education on a competitive basis

(and are not programs described in subsection (b)) under the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301

et seq.), the amendments made by this Act with respect to appro-

priations for use under such programs shall be effective beginning

on October 1, 2016, except as otherwise provided in such amend-

ments.

(d) I

MPACT

.—With respect to title VII of the Elementary

and Secondary Education Act of 1965, as amended by this Act,

the amendments made by this Act shall take effect with respect

to appropriations for use under such title beginning fiscal year

2017, except as otherwise provided in such amendments.

(e) T

ITLE

OF THE

LEMENTARY AND

ECONDARY

DUCATION

CT OF

1965.—

(1) E

FFECTIVE DATES FOR SECTION 1111 OF THE ELEMENTARY

AND SECONDARY EDUCATION ACT OF 1965

.—Notwithstanding any

other provision of this Act, or the amendments made by this

Act, and subject to paragraph (2) of this subsection—

(A) section 1111(b)(2) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect

on the day before the date of enactment of this Act, shall

be effective through the close of August 1, 2016;

(B) subsections (c) and (d) of section 1111 of the

Elementary and Secondary Education Act of 1965 (20

20 USC 6301

note.

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129 STAT. 1807 PUBLIC LAW 114–95—DEC. 10, 2015

U.S.C. 6311), as amended by this Act, shall take effect

beginning with school year 2017–2018; and

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended

by this Act, and any other provision of section 1111 of

such Act (20 U.S.C. 6311), as amended by this Act, which

is not described in subparagraph (B) of this paragraph,

shall take effect in a manner consistent with subsection

(a).

(2) S

PECIAL RULE

.—

(A) I

N GENERAL

.—Notwithstanding any other provision

of this Act (including subsection (b) and paragraph (1)),

any school or local educational agency described in subpara-

graph (B) shall continue to implement interventions

applicable to such school or local educational agency under

clause (i) or (ii) of subparagraph (B) until—

(i) the State plan for the State in which the school

or agency is located under section 1111 of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 6311), as amended by this Act, is approved

under such section (20 U.S.C. 6311); or

(ii) subsections (c) and (d) of section 1111 of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 6311), as amended by this Act, take effect in

accordance with paragraph (1)(B),

whichever occurs first.

(B) C

ERTAIN SCHOOLS AND LOCAL EDUCATIONAL AGEN

CIES

.—A school or local educational agency shall be subject

to the requirements of subparagraph (A), if such school

or local educational agency has been identified by the State

in which the school or local educational agency is located—

(i) as in need of improvement, corrective action,

or restructuring under part A of title I of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 6311 et seq.), as in effect on the day before

the date of enactment of this Act; or

(ii) as a priority or focus school under a waiver

granted by the Secretary of Education under section

9401 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7861), as in effect on the day before

the date of enactment of this Act.

SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965.

Section 2 is amended to read as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

‘‘Sec. 1001. Statement of purpose.

‘‘Sec. 1002. Authorization of appropriations.

‘‘Sec. 1003. School improvement.

‘‘Sec. 1003A. Direct student services.

‘‘Sec. 1004. State administration.

‘‘P

ART

A—I

MPROVING

ASIC

ROGRAMS

PERATED BY

OCAL

DUCATIONAL

GENCIES

‘‘

SUBPART 1

—

BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans.

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129 STAT. 1808 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Parent and family engagement.

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

‘‘Sec. 1118. Fiscal requirements.

‘‘Sec. 1119. Coordination requirements.

‘‘

SUBPART 2

—

ALLOCATIONS

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

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1124. Basic grants to local educational agencies.

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

‘‘Sec. 1125. Targeted grants to local educational agencies.

‘‘Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years

after fiscal year 2001.

‘‘Sec. 1125A. Education finance incentive grant program.

‘‘Sec. 1126. Special allocation procedures.

‘‘Sec. 1127. Carryover and waiver.

‘‘P

ART

B—S

TATE

SSESSMENT

RANTS

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

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

‘‘Sec. 1203. Allotment of appropriated funds.

‘‘Sec. 1204. Innovative assessment and accountability demonstration authority.

‘‘P

ART

C—E

DUCATION OF

IGRATORY

HILDREN

‘‘Sec. 1301. Program purposes.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State allocations.

‘‘Sec. 1304. State applications; services.

‘‘Sec. 1305. Secretarial approval; peer review.

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

activities.

‘‘Sec. 1307. Bypass.

‘‘Sec. 1308. Coordination of migrant education activities.

‘‘Sec. 1309. Definitions.

‘‘P

ART

D—P

REVENTION AND

NTERVENTION

ROGRAMS FOR

HILDREN AND

OUTH

EGLECTED

, D

ELINQUENT

-R

ISK

‘‘Sec. 1401. Purpose and program authorization.

‘‘Sec. 1402. Payments for programs under this part.

‘‘

SUBPART 1

—

STATE AGENCY PROGRAMS

‘‘Sec. 1411. Eligibility.

‘‘Sec. 1412. Allocation of funds.

‘‘Sec. 1413. State reallocation of funds.

‘‘Sec. 1414. State plan and State agency applications.

‘‘Sec. 1415. Use of funds.

‘‘Sec. 1416. Institution-wide projects.

‘‘Sec. 1417. Three-year programs or projects.

‘‘Sec. 1418. Transition services.

‘‘Sec. 1419. Technical assistance.

‘‘

SUBPART 2

—

LOCAL AGENCY PROGRAMS

‘‘Sec. 1421. Purpose.

‘‘Sec. 1422. Programs operated by local educational agencies.

‘‘Sec. 1423. Local educational agency applications.

‘‘Sec. 1424. Uses of funds.

‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under

this section.

‘‘Sec. 1426. Accountability.

‘‘

SUBPART 3

—

GENERAL PROVISIONS

‘‘Sec. 1431. Program evaluations.

‘‘Sec. 1432. Definitions.

‘‘P

ART

E—F

LEXIBILITY FOR

QUITABLE

-P

UPIL

UNDING

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

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129 STAT. 1809 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘P

ART

F—G

ENERAL

ROVISIONS

‘‘Sec. 1601. Federal regulations.

‘‘Sec. 1602. Agreements and records.

‘‘Sec. 1603. State administration.

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

‘‘Sec. 1605. Rule of construction on equalized spending.

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY

TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS

‘‘Sec. 2001. Purpose.

‘‘Sec. 2002. Definitions.

‘‘Sec. 2003. Authorization of appropriations.

‘‘P

ART

A—S

UPPORTING

FFECTIVE

NSTRUCTION

‘‘Sec. 2101. Formula grants to States.

‘‘Sec. 2102. Subgrants to local educational agencies.

‘‘Sec. 2103. Local uses of funds.

‘‘Sec. 2104. Reporting.

‘‘P

ART

B—N

ATIONAL

CTIVITIES

‘‘Sec. 2201. Reservations.

‘‘

SUBPART 1

—

TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

‘‘Sec. 2211. Purposes; definitions.

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

‘‘Sec. 2213. Reports.

‘‘

SUBPART 2

—

LITERACY EDUCATION FOR ALL

RESULTS FOR THE NATION

‘‘Sec. 2221. Purposes; definitions.

‘‘Sec. 2222. Comprehensive literacy State development grants.

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

entry literacy.

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

12 literacy.

‘‘Sec. 2225. National evaluation and information dissemination.

‘‘Sec. 2226. Innovative approaches to literacy.

‘‘

SUBPART 3

—

AMERICAN HISTORY AND CIVICS EDUCATION

‘‘Sec. 2231. Program authorized.

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

civics.

‘‘Sec. 2233. National activities.

‘‘

SUBPART 4

—

PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘Sec. 2241. Funding allotment.

‘‘Sec. 2242. Supporting effective educator development.

‘‘Sec. 2243. School leader recruitment and support.

‘‘Sec. 2244. Technical assistance and national evaluation.

‘‘Sec. 2245. STEM master teacher corps.

‘‘P

ART

C—G

ENERAL

ROVISIONS

‘‘Sec. 2301. Supplement, not supplant.

‘‘Sec. 2302. Rules of construction.

‘‘TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND

IMMIGRANT STUDENTS

‘‘Sec. 3001. Authorization of appropriations.

‘‘P

ART

A—E

NGLISH

ANGUAGE

CQUISITION

, L

ANGUAGE

NHANCEMENT

AND

CADEMIC

CHIEVEMENT

‘‘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.

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129 STAT. 1810 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 3113. State and specially qualified agency plans.

‘‘Sec. 3114. Within-State allocations.

‘‘Sec. 3115. Subgrants to eligible entities.

‘‘Sec. 3116. Local plans.

‘‘

SUBPART 2

—

ACCOUNTABILITY AND ADMINISTRATION

‘‘Sec. 3121. Reporting.

‘‘Sec. 3122. Biennial reports.

‘‘Sec. 3123. Coordination with related programs.

‘‘Sec. 3124. Rules of construction.

‘‘Sec. 3125. Legal authority under State law.

‘‘Sec. 3126. Civil rights.

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

‘‘Sec. 3128. Prohibition.

‘‘

SUBPART 3

—

NATIONAL ACTIVITIES

‘‘Sec. 3131. National professional development project.

‘‘P

ART

B—G

ENERAL

ROVISIONS

‘‘Sec. 3201. Definitions.

‘‘Sec. 3202. National clearinghouse.

‘‘Sec. 3203. Regulations.

‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘Sec. 4001. General provisions.

‘‘P

ART

A—S

TUDENT

UPPORT AND

CADEMIC

NRICHMENT

RANTS

‘‘

SUBPART 1

—

STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

‘‘Sec. 4101. Purpose.

‘‘Sec. 4102. Definitions.

‘‘Sec. 4103. Formula grants to States.

‘‘Sec. 4104. State use of funds.

‘‘Sec. 4105. Allocations to local educational agencies.

‘‘Sec. 4106. Local educational agency applications.

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

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

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

‘‘Sec. 4110. Supplement, not supplant.

‘‘Sec. 4111. Rule of construction.

‘‘Sec. 4112. Authorization of appropriations.

‘‘

SUBPART 2

—

INTERNET SAFETY

‘‘4121. Internet safety.

‘‘P

ART

B—21

ENTURY

OMMUNITY

EARNING

ENTERS

‘‘Sec. 4201. Purpose; definitions.

‘‘Sec. 4202. Allotments to States.

‘‘Sec. 4203. State application.

‘‘Sec. 4204. Local competitive subgrant program.

‘‘Sec. 4205. Local activities.

‘‘Sec. 4206. Authorization of appropriations.

‘‘P

ART

C—E

XPANDING

PPORTUNITY

HROUGH

UALITY

HARTER

CHOOLS

‘‘Sec. 4301. Purpose.

‘‘Sec. 4302. Program authorized.

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

‘‘Sec. 4304. Facilities financing assistance.

‘‘Sec. 4305. National activities.

‘‘Sec. 4306. Federal formula allocation during first year and for successive enroll-

ment expansions.

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

‘‘Sec. 4308. Records transfer.

‘‘Sec. 4309. Paperwork reduction.

‘‘Sec. 4310. Definitions.

‘‘Sec. 4311. Authorization of appropriations.

‘‘P

ART

D—M

AGNET

CHOOLS

SSISTANCE

‘‘Sec. 4401. Findings and purpose.

‘‘Sec. 4402. Definition.

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129 STAT. 1811 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 4403. Program authorized.

‘‘Sec. 4404. Eligibility.

‘‘Sec. 4405. Applications and requirements.

‘‘Sec. 4406. Priority.

‘‘Sec. 4407. Use of funds.

‘‘Sec. 4408. Limitations.

‘‘Sec. 4409. Authorization of appropriations; reservation.

‘‘P

ART

E—F

AMILY

NGAGEMENT IN

DUCATION

ROGRAMS

‘‘Sec. 4501. Purposes.

‘‘Sec. 4502. Grants authorized.

‘‘Sec. 4503. Applications.

‘‘Sec. 4504. Uses of funds.

‘‘Sec. 4505. Family engagement in Indian schools.

‘‘Sec. 4506. Authorization of appropriations.

‘‘P

ART

F—N

ATIONAL

CTIVITIES

‘‘Sec. 4601. Authorization of appropriations; reservations.

‘‘

SUBPART 1

—

EDUCATION INNOVATION AND RESEARCH

‘‘Sec. 4611. Grants for education innovation and research.

‘‘

SUBPART 2

—

COMMUNITY SUPPORT FOR SCHOOL SUCCESS

‘‘Sec. 4621. Purposes.

‘‘Sec. 4622. Definitions.

‘‘Sec. 4623. Program authorized.

‘‘Sec. 4624. Promise neighborhoods.

‘‘Sec. 4625. Full-service community schools.

‘‘

SUBPART 3

—

NATIONAL ACTIVITIES FOR SCHOOL SAFETY

‘‘Sec. 4631. National activities for school safety.

‘‘

SUBPART 4

—

ACADEMIC ENRICHMENT

‘‘Sec. 4641. Awards for academic enrichment.

‘‘Sec. 4642. Assistance for arts education.

‘‘Sec. 4643. Ready to learn programming.

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

‘‘TITLE V—FLEXIBILITY AND ACCOUNTABILITY

‘‘P

ART

A—F

UNDING

RANSFERABILITY FOR

TATE AND

OCAL

DUCATIONAL

GENCIES

‘‘Sec. 5101. Short title.

‘‘Sec. 5102. Purpose.

‘‘Sec. 5103. Transferability of funds.

‘‘P

ART

B—R

URAL

DUCATION

NITIATIVE

‘‘Sec. 5201. Short title.

‘‘Sec. 5202. Purpose.

‘‘

SUBPART 1

—

SMALL

RURAL SCHOOL ACHIEVEMENT PROGRAM

‘‘Sec. 5211. Use of applicable funding.

‘‘Sec. 5212. Grant program authorized.

‘‘

SUBPART 2

—

RURAL AND LOW

INCOME SCHOOL PROGRAM

‘‘Sec. 5221. Program authorized.

‘‘Sec. 5222. Use of funds.

‘‘Sec. 5223. Applications.

‘‘Sec. 5224. Report.

‘‘Sec. 5225. Choice of participation.

‘‘P

ART

C—G

ENERAL

ROVISIONS

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

‘‘Sec. 5302. Rule of construction on equalized spending.

‘‘TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

‘‘P

ART

A—I

NDIAN

DUCATION

‘‘Sec. 6101. Statement of policy.

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129 STAT. 1812 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 6102. Purpose.

‘‘

SUBPART 1

—

FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6111. Purpose.

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

‘‘Sec. 6113. Amount of grants.

‘‘Sec. 6114. Applications.

‘‘Sec. 6115. Authorized services and activities.

‘‘Sec. 6116. Integration of services authorized.

‘‘Sec. 6117. Student eligibility forms.

‘‘Sec. 6118. Payments.

‘‘Sec. 6119. State educational agency review.

‘‘

SUBPART 2

—

SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

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

youth.

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

‘‘

SUBPART 3

—

NATIONAL ACTIVITIES

‘‘Sec. 6131. National research activities.

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

and coordination.

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

programs.

‘‘

SUBPART 4

—

FEDERAL ADMINISTRATION

‘‘Sec. 6141. National Advisory Council on Indian Education.

‘‘Sec. 6142. Peer review.

‘‘Sec. 6143. Preference for Indian applicants.

‘‘Sec. 6144. Minimum grant criteria.

‘‘

SUBPART 5

—

DEFINITIONS

;

AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 6151. Definitions.

‘‘Sec. 6152. Authorizations of appropriations.

‘‘P

ART

B—N

ATIVE

AWAIIAN

DUCATION

‘‘Sec. 6201. Short title.

‘‘Sec. 6202. Findings.

‘‘Sec. 6203. Purposes.

‘‘Sec. 6204. Native Hawaiian Education Council.

‘‘Sec. 6205. Program authorized.

‘‘Sec. 6206. Administrative provisions.

‘‘Sec. 6207. Definitions.

‘‘P

ART

C—A

LASKA

ATIVE

DUCATION

‘‘Sec. 6301. Short title.

‘‘Sec. 6302. Findings.

‘‘Sec. 6303. Purposes.

‘‘Sec. 6304. Program authorized.

‘‘Sec. 6305. Administrative provisions.

‘‘Sec. 6306. Definitions.

‘‘TITLE VII—IMPACT AID

‘‘Sec. 7001. Purpose.

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

‘‘Sec. 7003. Payments for eligible federally connected children.

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

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

‘‘Sec. 7007. Construction.

‘‘Sec. 7008. Facilities.

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

‘‘Sec. 7010. Federal administration.

‘‘Sec. 7011. Administrative hearings and judicial review.

‘‘Sec. 7012. Forgiveness of overpayments.

‘‘Sec. 7013. Definitions.

‘‘Sec. 7014. Authorization of appropriations.

‘‘TITLE VIII—GENERAL PROVISIONS

‘‘P

ART

A—D

EFINITIONS

‘‘Sec. 8101. Definitions.

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129 STAT. 1813 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 8102. Applicability of title.

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

‘‘P

ART

B—F

LEXIBILITY IN THE

SE OF

DMINISTRATIVE AND

THER

UNDS

‘‘Sec. 8201. Consolidation of State administrative funds for elementary and sec-

ondary education programs.

‘‘Sec. 8202. Single local educational agency States.

‘‘Sec. 8203. Consolidation of funds for local administration.

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

‘‘Sec. 8205. Department staff.

‘‘P

ART

C—C

OORDINATION OF

ROGRAMS

; C

ONSOLIDATED

TATE AND

OCAL

LANS

AND

PPLICATIONS

‘‘Sec. 8301. Purposes.

‘‘Sec. 8302. Optional consolidated State plans or applications.

‘‘Sec. 8303. Consolidated reporting.

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

‘‘Sec. 8305. Consolidated local plans or applications.

‘‘Sec. 8306. Other general assurances.

‘‘P

ART

D—W

AIVERS

‘‘Sec. 8401. Waivers of statutory and regulatory requirements.

‘‘P

ART

E—A

PPROVAL AND

ISAPPROVAL OF

TATE

LANS AND

OCAL

PPLICATIONS

‘‘Sec. 8451. Approval and disapproval of State plans.

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

‘‘P

ART

F—U

NIFORM

ROVISIONS

‘‘

SUBPART 1

—

PRIVATE SCHOOLS

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

‘‘Sec. 8502. Standards for by-pass.

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

‘‘Sec. 8504. By-pass determination process.

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

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

‘‘

SUBPART 2

—

OTHER PROVISIONS

‘‘Sec. 8521. Maintenance of effort.

‘‘Sec. 8522. Prohibition regarding State aid.

‘‘Sec. 8523. Privacy of assessment results.

‘‘Sec. 8524. School prayer.

‘‘Sec. 8525. Equal access to public school facilities.

‘‘Sec. 8526. Prohibited uses of funds

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

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

‘‘Sec. 8528. Armed Forces recruiter access to students and student recruiting infor-

mation.

‘‘Sec. 8529. Prohibition on federally sponsored testing.

‘‘Sec. 8530. Limitations on national testing or certification for teachers, principals,

or other school leaders.

‘‘Sec. 8530A. Prohibition on requiring State participation.

‘‘Sec. 8531. Prohibition on nationwide database.

‘‘Sec. 8532. Unsafe school choice option.

‘‘Sec. 8533. Prohibition on discrimination.

‘‘Sec. 8534. Civil rights.

‘‘Sec. 8535. Rulemaking.

‘‘Sec. 8536. Severability.

‘‘Sec. 8537. Transfer of school disciplinary records.

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

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

‘‘Sec. 8540. Consultation with the Governor.

‘‘Sec. 8541. Local governance.

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

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

‘‘Sec. 8544. State control over standards.

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

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

‘‘Sec. 8547. Sense of Congress on restoration of State sovereignty over public edu-

cation.

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129 STAT. 1814 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Sec. 8548. Privacy.

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

‘‘Sec. 8549A. Sense of Congress.

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

‘‘Sec. 8549C. Technical assistance.

‘‘

SUBPART 3

—

TEACHER LIABILITY PROTECTION

‘‘Sec. 8551. Short title.

‘‘Sec. 8552. Purpose.

‘‘Sec. 8553. Definitions.

‘‘Sec. 8554. Applicability.

‘‘Sec. 8555. Preemption and election of State nonapplicability.

‘‘Sec. 8556. Limitation on liability for teachers.

‘‘Sec. 8557. Allocation of responsibility for noneconomic loss.

‘‘Sec. 8558. Effective date.

‘‘

SUBPART 4

—

GUN POSSESSION

‘‘Sec. 8561. Gun-free requirements.

‘‘

SUBPART 5

—

ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 8571. Short title.

‘‘Sec. 8572. Definitions.

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

‘‘Sec. 8574. Preemption.

‘‘P

ART

G—E

VALUATIONS

‘‘Sec. 8601. Evaluations.’’.

TITLE I—IMPROVING BASIC PROGRAMS

OPERATED BY STATE AND LOCAL

EDUCATIONAL AGENCIES

PART A—IMPROVING BASIC PROGRAMS OPER-

ATED BY STATE AND LOCAL EDUCATIONAL

AGENCIES

SEC. 1000. REDESIGNATIONS.

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

amended—

(1) by striking sections 1116, 1117, and 1119;

(2) by redesignating section 1118 as section 1116;

(3) by redesignating section 1120 as section 1117;

(4) by redesignating section 1120A as section 1118; and

(5) by redesignating section 1120B as section 1119.

SEC. 1001. STATEMENT OF PURPOSE.

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

‘‘SEC. 1001. STATEMENT OF PURPOSE.

‘‘The purpose of this title is to provide all children significant

opportunity to receive a fair, equitable, and high-quality education,

and to close educational achievement gaps.’’.

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) L

OCAL

DUCATIONAL

GENCY

RANTS

.—There are author-

ized to be appropriated to carry out the activities described in

part A—

20 USC 6316,

6317, 6319.

20 USC 6318.

20 USC 6320.

20 USC 6321.

20 USC 6322.

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129 STAT. 1815 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) $15,012,317,605 for fiscal year 2017;

‘‘(2) $15,457,459,042 for fiscal year 2018;

‘‘(3) $15,897,371,442 for fiscal year 2019; and

‘‘(4) $16,182,344,591 for fiscal year 2020.

‘‘(b) S

TATE

SSESSMENTS

.—There are authorized to be appro-

priated to carry out the activities described in part B, $378,000,000

for each of fiscal years 2017 through 2020.

‘‘(c) E

DUCATION OF

IGRATORY

HILDREN

.—There are author-

ized to be appropriated to carry out the activities described in

part C, $374,751,000 for each of fiscal years 2017 through 2020.

‘‘(d) P

REVENTION AND

NTERVENTION

ROGRAMS FOR

HILDREN

AND

OUTH

EGLECTED

, D

ELINQUENT

RISK

.—

There are authorized to be appropriated to carry out the activities

described in part D, $47,614,000 for each of fiscal years 2017

through 2020.

‘‘(e) F

EDERAL

CTIVITIES

.—For the purpose of carrying out

evaluation activities related to title I under section 8601, there

are authorized to be appropriated $710,000 for each of fiscal years

2017 through 2020.

‘‘(f) S

ENSE OF

ONGRESS

EGARDING

DJUSTMENTS TO

UTHORIZATIONS OF

PPROPRIATIONS

ROVIDED IN

HIS

CT FOR

UTURE

UDGET

GREEMENTS

.—It is the sense of Congress that

if legislation is enacted that revises the limits on discretionary

spending established under section 251(c) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the

levels of appropriations authorized throughout this Act should be

adjusted in a manner that is consistent with the adjustments in

nonsecurity category funding provided for under the revised limits

on discretionary spending.’’.

SEC. 1003. SCHOOL IMPROVEMENT.

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

‘‘SEC. 1003. SCHOOL IMPROVEMENT.

‘‘(a) S

TATE

ESERVATIONS

.—To carry out subsection (b) and

the State educational agency’s statewide system of technical assist-

ance and support for local educational agencies, each State shall

reserve the greater of—

‘‘(1) 7 percent of the amount the State receives under

subpart 2 of part A; or

‘‘(2) the sum of the amount the State—

‘‘(A) reserved for fiscal year 2016 under this subsection,

as in effect on the day before the date of enactment of

the Every Student Succeeds Act; and

‘‘(B) received for fiscal year 2016 under subsection (g),

as in effect on the day before the date of enactment of

the Every Student Succeeds Act.

‘‘(b) U

SES

.—Of the amount reserved under subsection (a) for

any fiscal year, the State educational agency—

‘‘(1)(A) shall allocate not less than 95 percent of that

amount to make grants to local educational agencies on a

formula or competitive basis, to serve schools implementing

comprehensive support and improvement activities or targeted

support and improvement activities under section 1111(d); or

‘‘(B) may, with the approval of the local educational agency,

directly provide for these activities or arrange for their provision

through other entities such as school support teams, educational

service agencies, or nonprofit or for-profit external providers

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129 STAT. 1816 PUBLIC LAW 114–95—DEC. 10, 2015

with expertise in using evidence-based strategies to improve

student achievement, instruction, and schools; and

‘‘(2) shall use the funds not allocated to local educational

agencies under paragraph (1) to carry out this section, which

shall include—

‘‘(A) establishing the method, consistent with para-

graph (1)(A), the State will use to allocate funds to local

educational agencies under such paragraph, including

ensuring—

‘‘(i) the local educational agencies receiving an

allotment under such paragraph represent the

geographic diversity of the State; and

‘‘(ii) that allotments are of sufficient size to enable

a local educational agency to effectively implement

selected strategies;

‘‘(B) monitoring and evaluating the use of funds by

local educational agencies receiving an allotment under

such paragraph; and

‘‘(C) as appropriate, reducing barriers and providing

operational flexibility for schools in the implementation

of comprehensive support and improvement activities or

targeted support and improvement activities under section

1111(d).

‘‘(c) D

URATION

.—The State educational agency shall award each

subgrant under subsection (b) for a period of not more than 4

years, which may include a planning year.

‘‘(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall

be construed as prohibiting a State from allocating subgrants under

this section to a statewide school district, consortium of local edu-

cational agencies, or an educational service agency that serves

schools implementing comprehensive support and improvement

activities or targeted support and improvement activities, if such

entities are legally constituted or recognized as local educational

agencies in the State.

‘‘(e) A

PPLICATION

.—To receive an allotment under subsection

(b)(1), a local educational agency shall submit an application to

the State educational agency at such time, in such form, and

including such information as the State educational agency may

require. Each application shall include, at a minimum—

‘‘(1) a description of how the local educational agency will

carry out its responsibilities under section 1111(d) for schools

receiving funds under this section, including how the local

educational agency will—

‘‘(A) develop comprehensive support and improvement

plans under section 1111(d)(1) for schools receiving funds

under this section;

‘‘(B) support schools developing or implementing tar-

geted support and improvement plans under section

1111(d)(2), if funds received under this section are used

for such purpose;

‘‘(C) monitor schools receiving funds under this section,

including how the local educational agency will carry out

its responsibilities under clauses (iv) and (v) of section

1111(d)(2)(B) if funds received under this section are used

to support schools implementing targeted support and

improvement plans;

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129 STAT. 1817 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(D) use a rigorous review process to recruit, screen,

select, and evaluate any external partners with whom the

local educational agency will partner;

‘‘(E) align other Federal, State, and local resources

to carry out the activities supported with funds received

under subsection (b)(1); and

‘‘(F) as appropriate, modify practices and policies to

provide operational flexibility that enables full and effective

implementation of the plans described in paragraphs (1)

and (2) of section 1111(d); and

‘‘(2) an assurance that each school the local educational

agency proposes to serve will receive all of the State and

local funds it would have received in the absence of funds

received under this section.

‘‘(f) P

RIORITY

.—The State educational agency, in allocating

funds to local educational agencies under this section, shall give

priority to local educational agencies that—

‘‘(1) serve high numbers, or a high percentage of,

elementary schools and secondary schools implementing plans

under paragraphs (1) and (2) of section 1111(d);

‘‘(2) demonstrate the greatest need for such funds, as deter-

mined by the State; and

‘‘(3) demonstrate the strongest commitment to using funds

under this section to enable the lowest-performing schools to

improve student achievement and student outcomes.

‘‘(g) U

NUSED

UNDS

.—If, after consultation with local edu-

cational agencies in the State, the State educational agency deter-

mines 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 accord-

ance with—

‘‘(1) the relative allocations the State educational agency

made to those agencies for that fiscal year under subpart 2

of part A; or

‘‘(2) section 1126(c).

‘‘(h) S

PECIAL

ULE

.—Notwithstanding any other provision of

this section, the amount of funds reserved by the State educational

agency under subsection (a) for fiscal year 2018 and each subse-

quent fiscal year shall not decrease the amount of funds each

local educational agency receives under subpart 2 of part A below

the amount received by such local educational agency under such

subpart for the preceding fiscal year.

‘‘(i) R

EPORTING

.—The State shall include in the report described

in section 1111(h)(1) a list of all the local educational agencies

and schools that received funds under this section, including the

amount of funds each school received and the types of strategies

implemented in each school with such funds.’’.

SEC. 1004. DIRECT STUDENT SERVICES.

The Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq.) is amended by inserting after section 1003

(20 U.S.C. 6303) the following:

‘‘SEC. 1003A. DIRECT STUDENT SERVICES.

‘‘(a) S

TATE

ESERVATION

.—

‘‘(1) I

N GENERAL

.—

20 USC 6303b.

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129 STAT. 1818 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) S

TATES

.—Each State educational agency, after

meaningful consultation with geographically diverse local

educational agencies described in subparagraph (B), may

reserve not more than 3 percent of the amount the State

educational agency receives under subpart 2 of part A

for each fiscal year to carry out this section.

‘‘(B) C

ONSULTATION

.—A State educational agency shall

consult under subparagraph (A) with local educational

agencies that include—

‘‘(i) suburban, rural, and urban local educational

agencies;

‘‘(ii) local educational agencies serving a high

percentage of schools identified by the State for com-

prehensive support and improvement under section

1111(c)(4)(D)(i); and

‘‘(iii) local educational agencies serving a high

percentage of schools implementing targeted support

and improvement plans under section 1111(d)(2).

‘‘(2) P

ROGRAM ADMINISTRATION

.—Of the funds reserved

under paragraph (1)(A), the State educational agency may use

not more than 1 percent to administer the program described

in this section.

‘‘(b) A

WARDS

.—

‘‘(1) I

N GENERAL

.—From the amount reserved under sub-

section (a) by a State educational agency, the State educational

agency shall award grants to geographically diverse local edu-

cational agencies described in subsection (a)(1)(B)(i).

‘‘(2) P

RIORITY

.—In making such awards, the State edu-

cational agency shall prioritize awards to local educational

agencies serving the highest percentage of schools, as compared

to other local educational agencies in the State—

‘‘(A) identified by the State for comprehensive support

and improvement under section 1111(c)(4)(D)(i); or

‘‘(B) implementing targeted support and improvement

plans under section 1111(d)(2).

‘‘(c) L

OCAL

SE OF

UNDS

.—A local educational agency receiving

an award under this section—

‘‘(1) may use not more than 1 percent of its award for

outreach and communication to parents about available direct

student services described in paragraph (3) in the local edu-

cational agency and State;

‘‘(2) may use not more than 2 percent of its award for

administrative costs related to such direct student services;

‘‘(3) shall use the remainder of the award to pay the costs

associated with one or more of the following direct student

services—

‘‘(A) enrollment and participation in academic courses

not otherwise available at a student’s school, including—

‘‘(i) advanced courses; and

‘‘(ii) career and technical education coursework

that—

‘‘(I) is aligned with the challenging State aca-

demic standards; and

‘‘(II) leads to industry-recognized credentials

that meet the quality criteria established by the

State under section 123(a) of the Workforce

Innovation and Opportunity Act (29 U.S.C. 3102);

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129 STAT. 1819 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) credit recovery and academic acceleration courses

that lead to a regular high school diploma;

‘‘(C) activities that assist students in successfully com-

pleting postsecondary level instruction and examinations

that are accepted for credit at institutions of higher edu-

cation (including Advanced Placement and International

Baccalaureate courses), which may include reimbursing

low-income students to cover part or all of the costs of

fees for such examinations;

‘‘(D) components of a personalized learning approach,

which may include high-quality academic tutoring; and

‘‘(E) in the case of a local educational agency that

does not reserve funds under section 1111(d)(1)(D)(v),

transportation to allow a student enrolled in a school identi-

fied for comprehensive support and improvement under

section 1111(c)(4)(D)(i) to transfer to another public school

(which may include a charter school) that has not been

identified by the State under such section; and

‘‘(4) in paying the costs associated with the direct student

services described in paragraph (3), shall—

‘‘(A) first, pay such costs for students who are enrolled

in schools identified by the State for comprehensive support

and improvement under section 1111(c)(4)(D)(i);

‘‘(B) second, pay such costs for low-achieving students

who are enrolled in schools implementing targeted support

and improvement plans under section 1111(d)(2); and

‘‘(C) with any remaining funds, pay such costs for

other low-achieving students served by the local edu-

cational agency.

‘‘(d) A

PPLICATION

.—A local educational agency desiring to

receive an award under subsection (b) shall submit an application

to the State educational agency at such time and in such manner

as the State educational agency shall require. At a minimum,

each application shall describe how the local educational agency

will—

‘‘(1) provide adequate outreach to ensure parents can exer-

cise a meaningful choice of direct student services for their

child’s education;

‘‘(2) ensure parents have adequate time and information

to make a meaningful choice prior to enrolling their child

in a direct student service;

‘‘(3) in the case of a local educational agency offering public

school choice under this section, ensure sufficient availability

of seats in the public schools the local educational agency

will make available for public school choice options;

‘‘(4) prioritize services to students who are lowest-achieving;

‘‘(5) select providers of direct student services, which may

include one or more of—

‘‘(A) the local educational agency or other local edu-

cational agencies;

‘‘(B) community colleges or other institutions of higher

education;

‘‘(C) non-public entities;

‘‘(D) community-based organizations; or

‘‘(E) in the case of high-quality academic tutoring, a

variety of providers of such tutoring that are selected and

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129 STAT. 1820 PUBLIC LAW 114–95—DEC. 10, 2015

approved by the State and appear on the State’s list of

such providers required under subsection (e)(2);

‘‘(6) monitor the provision of direct student services; and

‘‘(7) publicly report the results of direct student service

providers in improving relevant student outcomes in a manner

that is accessible to parents.

‘‘(e) P

ROVIDERS AND

CHOOLS

.—A State educational agency that

reserves an amount under subsection (a) shall—

‘‘(1) ensure that each local educational agency that receives

an award under this section and intends to provide public

school choice under subsection (c)(3)(E) can provide a sufficient

number of options to provide a meaningful choice for parents;

‘‘(2) compile and maintain an updated list of State-approved

high-quality academic tutoring providers that—

‘‘(A) is developed using a fair negotiation and rigorous

selection and approval process;

‘‘(B) provides parents with meaningful choices;

‘‘(C) offers a range of tutoring models, including online

and on campus; and

‘‘(D) includes only providers that—

‘‘(i) have a demonstrated record of success in

increasing students’ academic achievement;

‘‘(ii) comply with all applicable Federal, State, and

local health, safety, and civil rights laws; and

‘‘(iii) provide instruction and content that is sec-

ular, neutral, and non-ideological;

‘‘(3) ensure that each local educational agency receiving

an award is able to provide an adequate number of high-

quality academic tutoring options to ensure parents have a

meaningful choice of services;

‘‘(4) develop and implement procedures for monitoring the

quality of services provided by direct student service providers;

and

‘‘(5) establish and implement clear criteria describing the

course of action for direct student service providers that are

not successful in improving student academic outcomes, which,

for a high-quality academic tutoring provider, may include a

process to remove State approval under paragraph (2).’’.

SEC. 1005. STATE PLANS.

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

‘‘SEC. 1111. STATE PLANS.

‘‘(a) F

ILING FOR

RANTS

.—

‘‘(1) I

N GENERAL

.—For any State desiring to receive a grant

under this part, the State educational agency shall file with

the Secretary a plan that is—

‘‘(A) developed by the State educational agency with

timely and meaningful consultation with the Governor,

members of the State legislature and State board of edu-

cation (if the State has a State board of education), local

educational agencies (including those located in rural

areas), representatives of Indian tribes located in the State,

teachers, principals, other school leaders, charter school

leaders (if the State has charter schools), specialized

instructional support personnel, paraprofessionals,

administrators, other staff, and parents; and

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129 STAT. 1821 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) is coordinated with other programs under this

Act, the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20

U.S.C. 701 et seq.), the Carl D. Perkins Career and Tech-

nical Education Act of 2006 (20 U.S.C. 2301 et seq.), the

Workforce Innovation and Opportunity Act (29 U.S.C. 3101

et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the

Child Care and Development Block Grant Act of 1990

(42 U.S.C. 9858 et seq.), the Education Sciences Reform

Act of 2002 (20 U.S.C. 9501 et seq.), the Education Tech-

nical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.),

the National Assessment of Educational Progress

Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-

Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.),

and the Adult Education and Family Literacy Act (29

U.S.C. 3271 et seq.).

‘‘(2) L

IMITATION

.—Consultation required under paragraph

(1)(A) shall not interfere with the timely submission of the

plan required under this section.

‘‘(3) C

ONSOLIDATED PLAN

.—A State plan submitted under

paragraph (1) may be submitted as part of a consolidated

plan under section 8302.

‘‘(4) P

EER REVIEW AND SECRETARIAL APPROVAL

.—

‘‘(A) I

N GENERAL

.—The Secretary shall—

‘‘(i) establish a peer-review process to assist in

the review of State plans;

‘‘(ii) establish multidisciplinary peer-review teams

and appoint members of such teams—

‘‘(I) who are representative of—

‘‘(aa) parents, teachers, principals, other

school leaders, specialized instructional sup-

port personnel, State educational agencies,

local educational agencies, and the community

(including the business community); and

‘‘(bb) researchers who are familiar with—

‘‘(AA) the implementation of academic

standards, assessments, or accountability

systems; and

‘‘(BB) how to meet the needs of dis-

advantaged students, children with

disabilities, and English learners, the

needs of low-performing schools, and other

educational needs of students;

‘‘(II) that include, to the extent practicable,

majority representation of individuals who, in the

most recent 2 years, have had practical experience

in the classroom, school administration, or State

or local government (such as direct employees of

a school, local educational agency, or State edu-

cational agency); and

‘‘(III) who represent a regionally diverse cross-

section of States;

‘‘(iii) make available to the public, including by

such means as posting to the Department’s website,

the list of peer reviewers who have reviewed State

plans under this section;

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129 STAT. 1822 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iv) ensure that the peer-review teams consist

of varied individuals so that the same peer reviewers

are not reviewing all of the State plans;

‘‘(v) approve a State plan not later than 120 days

after its submission, unless the Secretary meets the

requirements of clause (vi);

‘‘(vi) have the authority to disapprove a State plan

only if—

‘‘(I) the Secretary—

‘‘(aa) determines how the State plan fails

to meet the requirements of this section;

‘‘(bb) immediately provides to the State,

in writing, notice of such determination, and

the supporting information and rationale to

substantiate such determination;

‘‘(cc) offers the State an opportunity to

revise and resubmit its State plan, and pro-

vides the State—

‘‘(AA) technical assistance to assist

the State in meeting the requirements of

this section;

‘‘(BB) in writing, all peer-review com-

ments, suggestions, recommendations, or

concerns relating to its State plan; and

‘‘(CC) a hearing, unless the State

declines the opportunity for such hearing;

and

‘‘(II) the State—

‘‘(aa) does not revise and resubmit its

State plan; or

‘‘(bb) in a case in which a State revises

and resubmits its State plan after a hearing

is conducted under subclause (I)(cc)(CC), or

after the State has declined the opportunity

for such a hearing, the Secretary determines

that such revised State plan does not meet

the requirements of this section.

‘‘(B) P

URPOSE OF PEER REVIEW

.—The peer-review

process shall be designed to—

‘‘(i) maximize collaboration with each State;

‘‘(ii) promote effective implementation of the chal-

lenging State academic standards through State and

local innovation; and

‘‘(iii) provide transparent, timely, and objective

feedback to States designed to strengthen the technical

and overall quality of the State plans.

‘‘(C) S

TANDARD AND NATURE OF REVIEW

.—Peer

reviewers shall conduct an objective review of State plans

in their totality and out of respect for State and local

judgments, with the goal of supporting State- and local-

led innovation and providing objective feedback on the

technical and overall quality of a State plan.

‘‘(D) P

ROHIBITION

.—Neither the Secretary nor the polit-

ical appointees of the Department, may attempt to partici-

pate in, or influence, the peer-review process.

‘‘(5) P

UBLIC REVIEW

.—All written communications, feed-

back, and notifications under this subsection shall be conducted

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129 STAT. 1823 PUBLIC LAW 114–95—DEC. 10, 2015

in a manner that is transparent and immediately made avail-

able to the public on the Department’s website, including—

‘‘(A) plans submitted or resubmitted by a State;

‘‘(B) peer-review guidance, notes, and comments and

the names of the peer reviewers (once the peer reviewers

have completed their work);

‘‘(C) State plan determinations by the Secretary,

including approvals or disapprovals; and

‘‘(D) notices and transcripts of hearings under this

section.

‘‘(6) D

URATION OF THE PLAN

.—

‘‘(A) I

N 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 nec-

essary by the State educational agency to reflect

changes in the State’s strategies and programs under

this part.

‘‘(B) A

DDITIONAL INFORMATION

.—

‘‘(i) I

N GENERAL

.—If a State makes significant

changes to its plan at any time, such as the adoption

of new challenging State academic standards or new

academic assessments under subsection (b), or changes

to its accountability system under subsection (c), such

information shall be submitted to the Secretary in

the form of revisions or amendments to the State plan.

‘‘(ii) R

EVIEW OF REVISED PLANS

.—The Secretary

shall review the information submitted under clause

(i) and approve changes to the State plan, or disapprove

such changes in accordance with paragraph (4)(A)(vi),

within 90 days, without undertaking the peer-review

process under such paragraph.

‘‘(iii) S

PECIAL RULE FOR STANDARDS

.—If a State

makes changes to its challenging State academic stand-

ards, the requirements of subsection (b)(1), including

the requirement that such standards need not be sub-

mitted to the Secretary pursuant to subsection

(b)(1)(A), shall still apply.

‘‘(7) F

AILURE TO MEET REQUIREMENTS

.—If a State fails to

meet any of the requirements of this section, the Secretary

may withhold funds for State administration under this part

until the Secretary determines that the State has fulfilled those

requirements.

‘‘(8) P

UBLIC COMMENT

.—Each State shall make the State

plan publicly available for public comment for a period of not

less than 30 days, by electronic means and in an easily acces-

sible format, prior to submission to the Secretary for approval

under this subsection. The State, in the plan it files under

this subsection, shall provide an assurance that public com-

ments were taken into account in the development of the State

plan.

‘‘(b) C

HALLENGING

CADEMIC

TANDARDS AND

CADEMIC

SSESSMENTS

.—

‘‘(1) C

HALLENGING STATE ACADEMIC STANDARDS

.—

‘‘(A) I

N GENERAL

.—Each State, in the plan it files under

subsection (a), shall provide an assurance that the State

has adopted challenging academic content standards and

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129 STAT. 1824 PUBLIC LAW 114–95—DEC. 10, 2015

aligned academic achievement standards (referred to in

this Act as ‘challenging State academic standards’), which

achievement standards shall include not less than 3 levels

of achievement, that will be used by the State, its local

educational agencies, and its schools to carry out this part.

A State shall not be required to submit such challenging

State academic standards to the Secretary.

‘‘(B) S

AME STANDARDS

.—Except as provided in subpara-

graph (E), the standards required by subparagraph (A)

shall—

‘‘(i) apply to all public schools and public school

students in the State; and

‘‘(ii) with respect to academic achievement stand-

ards, include the same knowledge, skills, and levels

of achievement expected of all public school students

in the State.

‘‘(C) S

UBJECTS

.—The State shall have such academic

standards for mathematics, reading or language arts, and

science, and may have such standards for any other subject

determined by the State.

‘‘(D) A

LIGNMENT

.—

‘‘(i) I

N GENERAL

.—Each State shall demonstrate

that the challenging State academic standards are

aligned with entrance requirements for credit-bearing

coursework in the system of public higher education

in the State and relevant State career and technical

education standards.

‘‘(ii) R

ULE OF CONSTRUCTION

.—Nothing in this Act

shall be construed to authorize public institutions of

higher education to determine the specific challenging

State academic standards required under this para-

graph.

‘‘(E) A

LTERNATE ACADEMIC ACHIEVEMENT STANDARDS

FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES

.—

‘‘(i) I

N GENERAL

.—The State may, through a docu-

mented and validated standards-setting process, adopt

alternate academic achievement standards for students

with the most significant cognitive disabilities, pro-

vided those standards—

‘‘(I) are aligned with the challenging State aca-

demic content standards under subparagraph (A);

‘‘(II) promote access to the general education

curriculum, consistent with the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.);

‘‘(III) reflect professional judgment as to the

highest possible standards achievable by such stu-

dents;

‘‘(IV) are designated in the individualized edu-

cation program developed under section 614(d)(3)

of the Individuals with Disabilities Education Act

(20 U.S.C. 1414(d)(3)) for each such student as

the academic achievement standards that will be

used for the student; and

‘‘(V) are aligned to ensure that a student who

meets the alternate academic achievement stand-

ards is on track to pursue postsecondary education

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129 STAT. 1825 PUBLIC LAW 114–95—DEC. 10, 2015

or employment, consistent with the purposes of

Public Law 93–112, as in effect on July 22, 2014.

‘‘(ii) P

ROHIBITION ON ANY OTHER ALTERNATE OR

MODIFIED ACADEMIC ACHIEVEMENT STANDARDS

.—A

State shall not develop, or implement for use under

this part, any alternate academic achievement stand-

ards for children with disabilities that are not alternate

academic achievement standards that meet the

requirements of clause (i).

‘‘(F) E

NGLISH LANGUAGE PROFICIENCY STANDARDS

.—

Each State plan shall demonstrate that the State has

adopted English language proficiency standards that—

‘‘(i) are derived from the 4 recognized domains

of speaking, listening, reading, and writing;

‘‘(ii) address the different proficiency levels of

English learners; and

‘‘(iii) are aligned with the challenging State aca-

demic standards.

‘‘(G) P

ROHIBITIONS

.—

‘‘(i) S

TANDARDS REVIEW OR APPROVAL

.—A State

shall not be required to submit any standards devel-

oped under this subsection to the Secretary for review

or approval.

‘‘(ii) F

EDERAL CONTROL

.—The Secretary shall not

have the authority to mandate, direct, control, coerce,

or exercise any direction or supervision over any of

the challenging State academic standards adopted or

implemented by a State.

‘‘(H) E

XISTING STANDARDS

.—Nothing in this part shall

prohibit a State from revising, consistent with this section,

any standards adopted under this part before or after the

date of enactment of the Every Student Succeeds Act.

‘‘(2) A

CADEMIC ASSESSMENTS

.—

‘‘(A) I

N GENERAL

.—Each State plan shall demonstrate

that the State educational agency, in consultation with

local educational agencies, has implemented a set of high-

quality student academic assessments in mathematics,

reading or language arts, and science. The State retains

the right to implement such assessments in any other

subject chosen by the State.

‘‘(B) R

EQUIREMENTS

.—The assessments under subpara-

graph (A) shall—

‘‘(i) except as provided in subparagraph (D), be—

‘‘(I) the same academic assessments used to

measure the achievement of all public elementary

school and secondary school students in the State;

and

‘‘(II) administered to all public elementary

school and secondary school students in the State;

‘‘(ii) be aligned with the challenging State academic

standards, and provide coherent and timely informa-

tion about student attainment of such standards and

whether the student is performing at the student’s

grade level;

‘‘(iii) be used for purposes for which such assess-

ments are valid and reliable, consistent with relevant,

nationally recognized professional and technical testing

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129 STAT. 1826 PUBLIC LAW 114–95—DEC. 10, 2015

standards, objectively measure academic achievement,

knowledge, and skills, and be tests that do not evaluate

or assess personal or family beliefs and attitudes, or

publicly disclose personally identifiable information;

‘‘(iv) be of adequate technical quality for each pur-

pose required under this Act and consistent with the

requirements of this section, the evidence of which

shall be made public, including on the website of the

State educational agency;

‘‘(v)(I) in the case of mathematics and reading

or language arts, be administered—

‘‘(aa) in each of grades 3 through 8; and

‘‘(bb) at least once in grades 9 through 12;

‘‘(II) in the case of science, be administered not

less than one time during—

‘‘(aa) grades 3 through 5;

‘‘(bb) grades 6 through 9; and

‘‘(cc) grades 10 through 12; and

‘‘(III) in the case of any other subject chosen by

the State, be administered at the discretion of the

State;

‘‘(vi) involve multiple up-to-date measures of stu-

dent academic achievement, including measures that

assess higher-order thinking skills and understanding,

which may include measures of student academic

growth and may be partially delivered in the form

of portfolios, projects, or extended performance tasks;

‘‘(vii) provide for—

‘‘(I) the participation in such assessments of

all students;

‘‘(II) the appropriate accommodations, such as

interoperability with, and ability to use, assistive

technology, for children with disabilities (as

defined in section 602(3) of the Individuals with

Disabilities Education Act (20 U.S.C. 1401(3))),

including students with the most significant cog-

nitive disabilities, and students with a disability

who are provided accommodations under an Act

other than the Individuals with Disabilities Edu-

cation Act (20 U.S.C. 1400 et seq.), necessary to

measure the academic achievement of such chil-

dren relative to the challenging State academic

standards or alternate academic achievement

standards described in paragraph (1)(E); and

‘‘(III) the inclusion of English learners, who

shall be assessed in a valid and reliable manner

and provided appropriate accommodations on

assessments administered to such students under

this paragraph, including, to the extent prac-

ticable, assessments in the language and form

most likely to yield accurate data on what such

students know and can do in academic content

areas, until such students have achieved English

language proficiency, as determined under

subparagraph (G);

‘‘(viii) at the State’s discretion—

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129 STAT. 1827 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) be administered through a single

summative assessment; or

‘‘(II) be administered through multiple state-

wide interim assessments during the course of the

academic year that result in a single summative

score that provides valid, reliable, and transparent

information on student achievement or growth;

‘‘(ix) notwithstanding clause (vii)(III), provide for

assessments (using tests in English) of reading or lan-

guage arts of any student who has attended school

in the United States (not including the Commonwealth

of Puerto Rico) for 3 or more consecutive school years,

except that if the local educational agency determines,

on a case-by-case individual basis, that academic

assessments in another language or form would likely

yield more accurate and reliable information on what

such student knows and can do, the local educational

agency may make a determination to assess such stu-

dent in the appropriate language other than English

for a period that does not exceed 2 additional consecu-

tive years, provided that such student has not yet

reached a level of English language proficiency suffi-

cient to yield valid and reliable information on what

such student knows and can do on tests (written in

English) of reading or language arts;

‘‘(x) produce individual student interpretive,

descriptive, and diagnostic reports, consistent with

clause (iii), regarding achievement on such assessments

that allow parents, teachers, principals, and other

school leaders to understand and address the specific

academic needs of students, and that are provided

to parents, teachers, and school leaders, as soon as

is practicable after the assessment is given, in an

understandable and uniform format, and to the extent

practicable, in a language that parents can understand;

‘‘(xi) enable results to be disaggregated within each

State, local educational agency, and school by—

‘‘(I) each major racial and ethnic group;

‘‘(II) economically disadvantaged students as

compared to students who are not economically

disadvantaged;

‘‘(III) children with disabilities as compared

to children without disabilities;

‘‘(IV) English proficiency status;

‘‘(V) gender; and

‘‘(VI) migrant status,

except that such disaggregation shall not be required

in the case of a State, local educational agency, or

a school in which the number of students in a subgroup

is insufficient to yield statistically reliable information

or the results would reveal personally identifiable

information about an individual student;

‘‘(xii) enable itemized score analyses to be produced

and reported, consistent with clause (iii), to local edu-

cational agencies and schools, so that parents, teachers,

principals, other school leaders, and administrators can

interpret and address the specific academic needs of

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129 STAT. 1828 PUBLIC LAW 114–95—DEC. 10, 2015

students as indicated by the students’ achievement

on assessment items; and

‘‘(xiii) be developed, to the extent practicable, using

the principles of universal design for learning.

‘‘(C) E

XCEPTION FOR ADVANCED MATHEMATICS IN

MIDDLE SCHOOL

.—A State may exempt any 8th grade stu-

dent from the assessment in mathematics described in

subparagraph (B)(v)(I)(aa) if—

‘‘(i) such student takes the end-of-course assess-

ment the State typically administers to meet the

requirements of subparagraph (B)(v)(I)(bb) in mathe-

matics;

‘‘(ii) such student’s achievement on such end-of-

course assessment is used for purposes of subsection

(c)(4)(B)(i), in lieu of such student’s achievement on

the mathematics assessment required under subpara-

graph (B)(v)(I)(aa), and such student is counted as

participating in the assessment for purposes of sub-

section (c)(4)(B)(vi); and

‘‘(iii) in high school, such student takes a mathe-

matics assessment pursuant to subparagraph

(B)(v)(I)(bb) that—

‘‘(I) is any end-of-course assessment or other

assessment that is more advanced than the assess-

ment taken by such student under clause (i) of

this subparagraph; and

‘‘(II) shall be used to measure such student’s

academic achievement for purposes of subsection

(c)(4)(B)(i).

‘‘(D) A

LTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES

.—

‘‘(i) A

LTERNATE ASSESSMENTS ALIGNED WITH ALTER

NATE ACADEMIC ACHIEVEMENT STANDARDS

.—A State

may provide for alternate assessments aligned with

the challenging State academic standards and alter-

nate academic achievement standards described in

paragraph (1)(E) for students with the most significant

cognitive disabilities, if the State—

‘‘(I) consistent with clause (ii), ensures that,

for each subject, the total number of students

assessed in such subject using the alternate assess-

ments does not exceed 1 percent of the total

number of all students in the State who are

assessed in such subject;

‘‘(II) ensures that the parents of such students

are clearly informed, as part of the process for

developing the individualized education program

(as defined in section 614(d)(1)(A) of the Individ-

uals with Disabilities Education Act (20 U.S.C.

1414(d)(1)(A)))—

‘‘(aa) that their child’s academic achieve-

ment will be measured based on such alternate

standards; and

‘‘(bb) how participation in such assess-

ments may delay or otherwise affect the stu-

dent from completing the requirements for a

regular high school diploma;

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129 STAT. 1829 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(III) promotes, consistent with the Individuals

with Disabilities Education Act (20 U.S.C. 1400

et seq.), the involvement and progress of students

with the most significant cognitive disabilities in

the general education curriculum;

‘‘(IV) describes in the State plan the steps

the State has taken to incorporate universal design

for learning, to the extent feasible, in alternate

assessments;

‘‘(V) describes in the State plan that general

and special education teachers, and other appro-

priate staff—

‘‘(aa) know how to administer the alter-

nate assessments; and

‘‘(bb) make appropriate use of accommoda-

tions for students with disabilities on all

assessments required under this paragraph;

‘‘(VI) develops, disseminates information on,

and promotes the use of appropriate accommoda-

tions to increase the number of students with

significant cognitive disabilities—

‘‘(aa) participating in academic instruction

and assessments for the grade level in which

the student is enrolled; and

‘‘(bb) who are tested based on challenging

State academic standards for the grade level

in which the student is enrolled; and

‘‘(VII) does not preclude a student with the

most significant cognitive disabilities who takes

an alternate assessment based on alternate aca-

demic achievement standards from attempting to

complete the requirements for a regular high

school diploma.

‘‘(ii) S

PECIAL RULES

.—

‘‘(I) R

ESPONSIBILITY UNDER IDEA

.—Subject to

the authority and requirements for the individual-

ized education program team for a child with a

disability under section 614(d)(1)(A)(i)(VI)(bb) of

the Individuals with Disabilities Education Act (20

U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, con-

sistent with the guidelines established by the State

and required under section 612(a)(16)(C) of such

Act (20 U.S.C. 1412(c)(16)(C)) and clause (i)(II)

of this subparagraph, shall determine when a child

with a significant cognitive disability shall partici-

pate in an alternate assessment aligned with the

alternate academic achievement standards.

‘‘(II) P

ROHIBITION ON LOCAL CAP

.—Nothing in

this subparagraph shall be construed to permit

the Secretary or a State educational agency to

impose on any local educational agency a cap on

the percentage of students administered an alter-

nate assessment under this subparagraph, except

that a local educational agency exceeding the cap

applied to the State under clause (i)(I) shall submit

information to the State educational agency justi-

fying the need to exceed such cap.

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129 STAT. 1830 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(III) S

TATE SUPPORT

.—A State shall provide

appropriate oversight, as determined by the State,

of any local educational agency that is required

to submit information to the State under subclause

(II).

‘‘(IV) W

AIVER AUTHORITY

.—This subparagraph

shall be subject to the waiver authority under

section 8401.

‘‘(E) S

TATE AUTHORITY

.—If a State educational agency

provides evidence, which is satisfactory to the Secretary,

that neither the State educational agency nor any other

State government official, agency, or entity has sufficient

authority, under State law, to adopt challenging State aca-

demic standards, and academic assessments aligned with

such standards, which will be applicable to all students

enrolled in the State’s public elementary schools and sec-

ondary schools, then the State educational agency may

meet the requirements of this subsection by—

‘‘(i) adopting academic standards and academic

assessments that meet the requirements of this sub-

section, on a statewide basis, and limiting their

applicability to students served under this part; or

‘‘(ii) adopting and implementing policies that

ensure that each local educational agency in the State

that receives grants under this part will adopt aca-

demic content and student academic achievement

standards, and academic assessments aligned with

such standards, which—

‘‘(I) meet all of the criteria in this subsection

and any regulations regarding such standards and

assessments that the Secretary may publish; and

‘‘(II) are applicable to all students served by

each such local educational agency.

‘‘(F) L

ANGUAGE ASSESSMENTS

.—

‘‘(i) I

N GENERAL

.—Each State plan shall identify

the languages other than English that are present

to a significant extent in the participating student

population of the State and indicate the languages

for which annual student academic assessments are

not available and are needed.

‘‘(ii) S

ECRETARIAL ASSISTANCE

.—The State shall

make every effort to develop such assessments and

may request assistance from the Secretary if linguis-

tically 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 man-

date a specific academic assessment or mode of instruc-

tion.

‘‘(G) A

SSESSMENTS OF ENGLISH LANGUAGE PRO

FICIENCY

.—

‘‘(i) I

N GENERAL

.—Each State plan shall dem-

onstrate that local educational agencies in the State

will provide for an annual assessment of English pro-

ficiency of all English learners in the schools served

by the State educational agency.

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129 STAT. 1831 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) A

LIGNMENT

.—The assessments described in

clause (i) shall be aligned with the State’s English

language proficiency standards described in paragraph

(1)(F).

‘‘(H) L

OCALLY

SELECTED ASSESSMENT

.—

‘‘(i) I

N GENERAL

.—Nothing in this paragraph shall

be construed to prohibit a local educational agency

from administering a locally-selected assessment in

lieu of the State-designed academic assessment under

subclause (I)(bb) and subclause (II)(cc) of subparagraph

(B)(v), if the local educational agency selects a nation-

ally-recognized high school academic assessment that

has been approved for use by the State as described

in clause (iii) or (iv) of this subparagraph.

‘‘(ii) S

TATE TECHNICAL CRITERIA

.—To allow for

State approval of nationally-recognized high school aca-

demic assessments that are available for local selection

under clause (i), a State educational agency shall estab-

lish technical criteria to determine if any such assess-

ment meets the requirements of clause (v).

‘‘(iii) S

TATE APPROVAL

.—If a State educational

agency chooses to make a nationally-recognized high

school assessment available for selection by a local

educational agency under clause (i), which has not

already been approved under this clause, such State

educational agency shall—

‘‘(I) conduct a review of the assessment to

determine if such assessment meets or exceeds

the technical criteria established by the State edu-

cational agency under clause (ii);

‘‘(II) submit evidence in accordance with sub-

section (a)(4) that demonstrates such assessment

meets the requirements of clause (v); and

‘‘(III) after fulfilling the requirements of sub-

clauses (I) and (II), approve such assessment for

selection and use by any local educational agency

that requests to use such assessment under clause

(i).

‘‘(iv) L

OCAL EDUCATIONAL AGENCY OPTION

.—

‘‘(I) L

OCAL EDUCATIONAL AGENCY

.—If a local

educational agency chooses to submit a nationally-

recognized high school academic assessment to the

State educational agency, subject to the approval

process described in subclause (I) and subclause

(II) of clause (iii) to determine if such assessment

fulfills the requirements of clause (v), the State

educational agency may approve the use of such

assessment consistent with clause (i).

‘‘(II) S

TATE EDUCATIONAL AGENCY

.—Upon such

approval, the State educational agency shall

approve the use of such assessment in any other

local educational agency in the State that subse-

quently requests to use such assessment without

repeating the process described in subclauses (I)

and (II) of clause (iii).

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129 STAT. 1832 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(v) R

EQUIREMENTS

.—To receive approval from the

State educational agency under clause (iii), a locally-

selected assessment shall—

‘‘(I) be aligned to the State’s academic content

standards under paragraph (1), address the depth

and breadth of such standards, and be equivalent

in its content coverage, difficulty, and quality to

the State-designed assessments under this para-

graph (and may be more rigorous in its content

coverage and difficulty than such State-designed

assessments);

‘‘(II) provide comparable, valid, and reliable

data on academic achievement, as compared to

the State-designed assessments, for all students

and for each subgroup of students defined in sub-

section (c)(2), with results expressed in terms con-

sistent with the State’s academic achievement

standards under paragraph (1), among all local

educational agencies within the State;

‘‘(III) meet the requirements for the assess-

ments under subparagraph (B) of this paragraph,

including technical criteria, except the requirement

under clause (i) of such subparagraph; and

‘‘(IV) provide unbiased, rational, and con-

sistent differentiation between schools within the

State to meet the requirements of subsection (c).

‘‘(vi) P

ARENTAL NOTIFICATION

.—A local educational

agency shall notify the parents of high school students

served by the local educational agency—

‘‘(I) of its request to the State educational

agency for approval to administer a locally-selected

assessment; and

‘‘(II) upon approval, and at the beginning of

each subsequent school year during which the

locally selected assessment will be administered,

that the local educational agency will be admin-

istering a different assessment than the State-

designed assessments under subclause (I)(bb) and

subclause (II)(cc) of subparagraph (B)(v).

‘‘(I) D

EFERRAL

.—A State may defer the commencement,

or suspend the administration, but not cease the develop-

ment, of the assessments described in this paragraph, for

1 year for each year for which the amount appropriated

for grants under part B is less than $369,100,000.

‘‘(J) A

DAPTIVE ASSESSMENTS

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), a State

retains the right to develop and administer computer

adaptive assessments as the assessments described in

this paragraph, provided the computer adaptive assess-

ments meet the requirements of this paragraph, except

that—

‘‘(I) subparagraph (B)(i) shall not be inter-

preted to require that all students taking the com-

puter adaptive assessment be administered the

same assessment items; and

‘‘(II) such assessment—

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129 STAT. 1833 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(aa) shall measure, at a minimum, each

student’s academic proficiency based on the

challenging State academic standards for the

student’s grade level and growth toward such

standards; and

‘‘(bb) may measure the student’s level of

academic proficiency and growth using items

above or below the student’s grade level,

including for use as part of a State’s account-

ability system under subsection (c).

‘‘(ii) S

TUDENTS WITH THE MOST SIGNIFICANT COG

NITIVE DISABILITIES AND ENGLISH LEARNERS

.—In devel-

oping and administering computer adaptive assess-

ments—

‘‘(I) as the assessments allowed under subpara-

graph (D), a State shall ensure that such computer

adaptive assessments—

‘‘(aa) meet the requirements of this para-

graph, including subparagraph (D), except

such assessments shall not be required to meet

the requirements of clause (i)(II); and

‘‘(bb) assess the student’s academic

achievement to measure, in the subject being

assessed, whether the student is performing

at the student’s grade level; and

‘‘(II) as the assessments required under

subparagraph (G), a State shall ensure that such

computer adaptive assessments—

‘‘(aa) meet the requirements of this para-

graph, including subparagraph (G), except

such assessment shall not be required to meet

the requirements of clause (i)(II); and

‘‘(bb) assess the student’s language pro-

ficiency, which may include growth towards

such proficiency, in order to measure the stu-

dent’s acquisition of English.

‘‘(K) R

ULE OF CONSTRUCTION ON PARENT RIGHTS

.—

Nothing in this paragraph shall be construed as preempting

a State or local law regarding the decision of a parent

to not have the parent’s child participate in the academic

assessments under this paragraph.

‘‘(L) L

IMITATION ON ASSESSMENT TIME

.—Subject to Fed-

eral or State requirements related to assessments, evalua-

tions, and accommodations, each State may, at the sole

discretion of such State, set a target limit on the aggregate

amount of time devoted to the administration of assess-

ments for each grade, expressed as a percentage of annual

instructional hours.

‘‘(3) E

XCEPTION FOR RECENTLY ARRIVED ENGLISH

LEARNERS

.—

‘‘(A) A

SSESSMENTS

.—With respect to recently arrived

English learners who have been enrolled in a school in

one of the 50 States in the United States or the District

of Columbia for less than 12 months, a State may choose

to—

‘‘(i) exclude—

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129 STAT. 1834 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) such an English learner from one adminis-

tration of the reading or language arts assessment

required under paragraph (2); and

‘‘(II) such an English learner’s results on any

of the assessments required under paragraph

(2)(B)(v)(I) or (2)(G) for the first year of the English

learner’s enrollment in such a school for the pur-

poses of the State-determined accountability

system under subsection (c); or

‘‘(ii)(I) assess, and report the performance of, such

an English learner on the reading or language arts

and mathematics assessments required under para-

graph (2)(B)(v)(I) in each year of the student’s enroll-

ment in such a school; and

‘‘(II) for the purposes of the State-determined

accountability system—

‘‘(aa) for the first year of the student’s enroll-

ment in such a school, exclude the results on the

assessments described in subclause (I);

‘‘(bb) include a measure of student growth on

the assessments described in subclause (I) in the

second year of the student’s enrollment in such

a school; and

‘‘(cc) include proficiency on the assessments

described in subclause (I) in the third year of the

student’s enrollment in such a school, and each

succeeding year of such enrollment.

‘‘(B) E

NGLISH LEARNER SUBGROUP

.—With respect to a

student previously identified as an English learner and

for not more than 4 years after the student ceases to

be identified as an English learner, a State may include

the results of the student’s assessments under paragraph

(2)(B)(v)(I) within the English learner subgroup of the sub-

groups of students (as defined in subsection (c)(2)(D)) for

the purposes of the State-determined accountability system.

‘‘(c) S

TATEWIDE

CCOUNTABILITY

YSTEM

.—

‘‘(1) I

N GENERAL

.—Each State plan shall describe a state-

wide accountability system that complies with the requirements

of this subsection and subsection (d).

‘‘(2) S

UBGROUP OF STUDENTS

.—In this subsection and sub-

section (d), the term ‘subgroup of students’ means—

‘‘(A) economically disadvantaged students;

‘‘(B) students from major racial and ethnic groups;

‘‘(C) children with disabilities; and

‘‘(D) English learners.

‘‘(3) M

INIMUM NUMBER OF STUDENTS

.—Each State shall

describe—

‘‘(A) with respect to any provisions under this part

that require disaggregation of information by each sub-

group of students—

‘‘(i) the minimum number of students that the

State determines are necessary to be included to carry

out such requirements and how that number is statis-

tically sound, which shall be the same State-deter-

mined number for all students and for each subgroup

of students in the State;

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129 STAT. 1835 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) how such minimum number of students was

determined by the State, including how the State

collaborated with teachers, principals, other school

leaders, parents, and other stakeholders when deter-

mining such minimum number; and

‘‘(iii) how the State ensures that such minimum

number is sufficient to not reveal any personally identi-

fiable information.

‘‘(4) D

ESCRIPTION OF SYSTEM

.—The statewide accountability

system described in paragraph (1) shall be based on the chal-

lenging State academic standards for reading or language arts

and mathematics described in subsection (b)(1) to improve stu-

dent academic achievement and school success. In designing

such system to meet the requirements of this part, the State

shall carry out the following:

‘‘(A) E

STABLISHMENT OF LONG

TERM GOALS

.—Establish

ambitious State-designed long-term goals, which shall

include measurements of interim progress toward meeting

such goals—

‘‘(i) for all students and separately for each sub-

group of students in the State—

‘‘(I) for, at a minimum, improved—

‘‘(aa) academic achievement, as measured

by proficiency on the annual assessments

required under subsection (b)(2)(B)(v)(I); and

‘‘(bb) high school graduation rates,

including—

‘‘(AA) the four-year adjusted cohort

graduation rate; and

‘‘(BB) at the State’s discretion, the

extended-year adjusted cohort graduation

rate, except that the State shall set a

more rigorous long-term goal for such

graduation rate, as compared to the long-

term goal set for the four-year adjusted

cohort graduation rate;

‘‘(II) for which the term set by the State for

such goals is the same multi-year length of time

for all students and for each subgroup of students

in the State; and

‘‘(III) that, for subgroups of students who are

behind on the measures described in items (aa)

and (bb) of subclause (I), take into account the

improvement necessary on such measures to make

significant progress in closing statewide proficiency

and graduation rate gaps; and

‘‘(ii) for English learners, for increases in the

percentage of such students making progress in

achieving English language proficiency, as defined by

the State and measured by the assessments described

in subsection (b)(2)(G), within a State-determined

timeline.

‘‘(B) I

NDICATORS

.—Except for the indicator described

in clause (iv), annually measure, for all students and sepa-

rately for each subgroup of students, the following indica-

tors:

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129 STAT. 1836 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) For all public schools in the State, based on

the long-term goals established under subparagraph

(A), academic achievement—

‘‘(I) as measured by proficiency on the annual

assessments required under subsection

(b)(2)(B)(v)(I); and

‘‘(II) at the State’s discretion, for each public

high school in the State, student growth, as meas-

ured by such annual assessments.

‘‘(ii) For public elementary schools and secondary

schools that are not high schools in the State—

‘‘(I) a measure of student growth, if determined

appropriate by the State; or

‘‘(II) another valid and reliable statewide aca-

demic indicator that allows for meaningful dif-

ferentiation in school performance.

‘‘(iii) For public high schools in the State, and

based on State-designed long term goals established

under subparagraph (A)—

‘‘(I) the four-year adjusted cohort graduation

rate; and

‘‘(II) at the State’s discretion, the extended-

year adjusted cohort graduation rate.

‘‘(iv) For public schools in the State, progress in

achieving English language proficiency, as defined by

the State and measured by the assessments described

in subsection (b)(2)(G), within a State-determined

timeline for all English learners—

‘‘(I) in each of the grades 3 through 8; and

‘‘(II) in the grade for which such English

learners are otherwise assessed under subsection

(b)(2)(B)(v)(I) during the grade 9 through grade

12 period, with such progress being measured

against the results of the assessments described

in subsection (b)(2)(G) taken in the previous grade.

‘‘(v)(I) For all public schools in the State, not less

than one indicator of school quality or student success

that—

‘‘(aa) allows for meaningful differentiation in

school performance;

‘‘(bb) is valid, reliable, comparable, and state-

wide (with the same indicator or indicators used

for each grade span, as such term is determined

by the State); and

‘‘(cc) may include one or more of the measures

described in subclause (II).

‘‘(II) For purposes of subclause (I), the State may

include measures of—

‘‘(III) student engagement;

‘‘(IV) educator engagement;

‘‘(V) student access to and completion of

advanced coursework;

‘‘(VI) postsecondary readiness;

‘‘(VII) school climate and safety; and

‘‘(VIII) any other indicator the State chooses

that meets the requirements of this clause.

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129 STAT. 1837 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) A

NNUAL MEANINGFUL DIFFERENTIATION

.—Estab-

lish a system of meaningfully differentiating, on an annual

basis, all public schools in the State, which shall—

‘‘(i) be based on all indicators in the State’s

accountability system under subparagraph (B), for all

students and for each of subgroup of students, con-

sistent with the requirements of such subparagraph;

‘‘(ii) with respect to the indicators described in

clauses (i) through (iv) of subparagraph (B) afford—

‘‘(I) substantial weight to each such indicator;

and

‘‘(II) in the aggregate, much greater weight

than is afforded to the indicator or indicators uti-

lized by the State and described in subparagraph

(B)(v), in the aggregate; and

‘‘(iii) include differentiation of any such school in

which any subgroup of students is consistently under-

performing, as determined by the State, based on all

indicators under subparagraph (B) and the system

established under this subparagraph.

‘‘(D) I

DENTIFICATION OF SCHOOLS

.—Based on the

system of meaningful differentiation described in subpara-

graph (C), establish a State-determined methodology to

identify—

‘‘(i) beginning with school year 2017–2018, and

at least once every three school years thereafter, one

statewide category of schools for comprehensive sup-

port and improvement, as described in subsection

(d)(1), which shall include—

‘‘(I) not less than the lowest-performing 5 per-

cent of all schools receiving funds under this part

in the State;

‘‘(II) all public high schools in the State failing

to graduate one third or more of their students;

and

‘‘(III) public schools in the State described

under subsection (d)(3)(A)(i)(II); and

‘‘(ii) at the discretion of the State, additional state-

wide categories of schools.

‘‘(E) A

NNUAL MEASUREMENT OF ACHIEVEMENT

.—(i)

Annually measure the achievement of not less than 95

percent of all students, and 95 percent of all students

in each subgroup of students, who are enrolled in public

schools on the assessments described under subsection

(b)(2)(v)(I).

‘‘(ii) For the purpose of measuring, calculating, and

reporting on the indicator described in subparagraph (B)(i),

include in the denominator the greater of—

‘‘(I) 95 percent of all such students, or 95 percent

of all such students in the subgroup, as the case may

be; or

‘‘(II) the number of students participating in the

assessments.

‘‘(iii) Provide a clear and understandable explanation

of how the State will factor the requirement of clause

(i) of this subparagraph into the statewide accountability

system.

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129 STAT. 1838 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(F) P

ARTIAL ATTENDANCE

.—(i) In the case of a student

who has not attended the same school within a local edu-

cational agency for at least half of a school year, the

performance of such student on the indicators described

in clauses (i), (ii), (iv), and (v) of subparagraph (B)—

‘‘(I) may not be used in the system of meaningful

differentiation of all public schools as described in

subparagraph (C) for such school year; and

‘‘(II) shall be used for the purpose of reporting

on the State and local educational agency report cards

under subsection (h) for such school year.

‘‘(ii) In the case of a high school student who has

not attended the same school within a local educational

agency for at least half of a school year and has exited

high school without a regular high school diploma and

without transferring to another high school that grants

a regular high school diploma during such school year,

the local educational agency shall, in order to calculate

the graduation rate pursuant to subparagraph (B)(iii),

assign such student to the high school—

‘‘(I) at which such student was enrolled for the

greatest proportion of school days while enrolled in

grades 9 through 12; or

‘‘(II) in which the student was most recently

enrolled.

‘‘(5) A

CCOUNTABILITY FOR CHARTER SCHOOLS

.—The account-

ability provisions under this Act shall be overseen for charter

schools in accordance with State charter school law.

‘‘(d) S

CHOOL

UPPORT AND

MPROVEMENT

CTIVITIES

.—

‘‘(1) C

OMPREHENSIVE SUPPORT AND IMPROVEMENT

.—

‘‘(A) I

N GENERAL

.—Each State educational agency

receiving funds under this part shall notify each local edu-

cational agency in the State of any school served by the

local educational agency that is identified for comprehen-

sive support and improvement under subsection (c)(4)(D)(i).

‘‘(B) L

OCAL EDUCATIONAL AGENCY ACTION

.—Upon

receiving such information from the State, the local edu-

cational agency shall, for each school identified by the

State and in partnership with stakeholders (including prin-

cipals and other school leaders, teachers, and parents),

locally develop and implement a comprehensive support

and improvement plan for the school to improve student

outcomes, that—

‘‘(i) is informed by all indicators described in sub-

section (c)(4)(B), including student performance against

State-determined long-term goals;

‘‘(ii) includes evidence-based interventions;

‘‘(iii) is based on a school-level needs assessment;

‘‘(iv) identifies resource inequities, which may

include a review of local educational agency and school-

level budgeting, to be addressed through implementa-

tion of such comprehensive support and improvement

plan;

‘‘(v) is approved by the school, local educational

agency, and State educational agency; and

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129 STAT. 1839 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(vi) upon approval and implementation, is mon-

itored and periodically reviewed by the State edu-

cational agency.

‘‘(C) S

TATE EDUCATIONAL AGENCY DISCRETION

.—With

respect to any high school in the State identified under

subsection (c)(4)(D)(i)(II), the State educational agency

may—

‘‘(i) permit differentiated improvement activities

that utilize evidence-based interventions in the case

of such a school that predominantly serves students—

‘‘(I) returning to education after having exited

secondary school without a regular high school

diploma; or

‘‘(II) who, based on their grade or age, are

significantly off track to accumulate sufficient aca-

demic credits to meet high school graduation

requirements, as established by the State; and

‘‘(ii) in the case of such a school that has a total

enrollment of less than 100 students, permit the local

educational agency to forego implementation of

improvement activities required under this paragraph.

‘‘(D) P

UBLIC SCHOOL CHOICE

.—

‘‘(i) I

N GENERAL

.—A local educational agency may

provide all students enrolled in a school identified by

the State for comprehensive support and improvement

under subsection (c)(4)(D)(i) with the option to transfer

to another public school served by the local educational

agency, unless such an option is prohibited by State

law.

‘‘(ii) P

RIORITY

.—In providing students the option

to transfer to another public school, the local edu-

cational agency shall give priority to the lowest-

achieving children from low-income families, as deter-

mined by the local educational agency for the purposes

of allocating funds to schools under section 1113(a)(3).

‘‘(iii) T

REATMENT

.—A student who uses the option

to transfer to another public school shall be enrolled

in classes and other activities in the public school

to which the student transfers in the same manner

as all other students at the public school.

‘‘(iv) S

PECIAL RULE

.—A local educational agency

shall permit a student who transfers to another public

school under this paragraph to remain in that school

until the student has completed the highest grade in

that school.

‘‘(v) F

UNDING FOR TRANSPORTATION

.—A local edu-

cational agency may spend an amount equal to not

more than 5 percent of its allocation under subpart

2 of this part to pay for the provision of transportation

for students who transfer under this paragraph to the

public schools to which the students transfer.

‘‘(2) T

ARGETED SUPPORT AND IMPROVEMENT

.—

‘‘(A) I

N GENERAL

.—Each State educational agency

receiving funds under this part shall, using the meaningful

differentiation of schools described in subsection (c)(4)(C)—

‘‘(i) notify each local educational agency in the

State of any school served by the local educational

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129 STAT. 1840 PUBLIC LAW 114–95—DEC. 10, 2015

agency in which any subgroup of students is consist-

ently underperforming, as described in subsection

(c)(4)(C)(iii); and

‘‘(ii) ensure such local educational agency provides

notification to such school with respect to which sub-

group or subgroups of students in such school are

consistently underperforming as described in sub-

section (c)(4)(C)(iii).

‘‘(B) T

ARGETED SUPPORT AND IMPROVEMENT PLAN

.—

Each school receiving a notification described in this para-

graph, in partnership with stakeholders (including prin-

cipals and other school leaders, teachers and parents), shall

develop and implement a school-level targeted support and

improvement plan to improve student outcomes based on

the indicators in the statewide accountability system estab-

lished under subsection (c)(4), for each subgroup of students

that was the subject of notification that—

‘‘(i) is informed by all indicators described in sub-

section (c)(4)(B), including student performance against

long-term goals;

‘‘(ii) includes evidence-based interventions;

‘‘(iii) is approved by the local educational agency

prior to implementation of such plan;

‘‘(iv) is monitored, upon submission and

implementation, by the local educational agency; and

‘‘(v) results in additional action following

unsuccessful implementation of such plan after a

number of years determined by the local educational

agency.

‘‘(C) A

DDITIONAL TARGETED SUPPORT

.—A plan described

in subparagraph (B) that is developed and implemented

in any school receiving a notification under this paragraph

from the local educational agency in which any subgroup

of students, on its own, would lead to identification under

subsection (c)(4)(D)(i)(I) using the State’s methodology

under subsection (c)(4)(D) shall also identify resource

inequities (which may include a review of local educational

agency and school level budgeting), to be addressed through

implementation of such plan.

‘‘(D) S

PECIAL RULE

.—The State educational agency,

based on the State’s differentiation of schools under sub-

section (c)(4)(C) for school year 2017–2018, shall notify

local educational agencies of any schools served by the

local educational agency in which any subgroup of students,

on its own, would lead to identification under subsection

(c)(4)(D)(i)(I) using the State’s methodology under sub-

section (c)(4)(D), after which notification of such schools

under this paragraph shall result from differentiation of

schools pursuant to subsection (c)(4)(C)(iii).

‘‘(3) C

ONTINUED SUPPORT FOR SCHOOL AND LOCAL EDU

CATIONAL AGENCY IMPROVEMENT

.—To ensure continued

progress to improve student academic achievement and school

success in the State, the State educational agency—

‘‘(A) shall—

‘‘(i) establish statewide exit criteria for—

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129 STAT. 1841 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) schools identified by the State for com-

prehensive support and improvement under sub-

section (c)(4)(D)(i), which, if not satisfied within

a State-determined number of years (not to exceed

four years), shall result in more rigorous State-

determined action, such as the implementation of

interventions (which may include addressing

school-level operations); and

‘‘(II) schools described in paragraph (2)(C),

which, if not satisfied within a State-determined

number of years, shall, in the case of such schools

receiving assistance under this part, result in

identification of the school by the State for com-

prehensive support and improvement under sub-

section (c)(4)(D)(i)(III);

‘‘(ii) periodically review resource allocation to sup-

port school improvement in each local educational

agency in the State serving—

‘‘(I) a significant number of schools identified

for comprehensive support and improvement under

subsection (c)(4)(D)(i); and

‘‘(II) a significant number of schools imple-

menting targeted support and improvement plans

under paragraph (2); and

‘‘(iii) provide technical assistance to each local edu-

cational agency in the State serving a significant

number of—

‘‘(I) schools implementing comprehensive sup-

port and improvement plans under paragraph (1);

‘‘(II) schools implementing targeted support

and improvement plans under paragraph (2); and

‘‘(B) may—

‘‘(i) take action to initiate additional improvement

in any local educational agency with—

‘‘(I) a significant number of schools that are

consistently identified by the State for comprehen-

sive support and improvement under subsection

(c)(4)(D)(i) and not meeting exit criteria established

by the State under subparagraph (A)(i)(I); or

‘‘(II) a significant number of schools imple-

menting targeted support and improvement plans

under paragraph (2); and

‘‘(ii) consistent with State law, establish alternative

evidence-based State determined strategies that can

be used by local educational agencies to assist a school

identified for comprehensive support and improvement

under subsection (c)(4)(D)(i).

‘‘(4) R

ULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING

.—

Nothing in this subsection shall be construed to alter or other-

wise affect the rights, remedies, and procedures afforded to

school or local educational agency employees under Federal,

State, or local laws (including applicable regulations or court

orders) or under the terms of collective bargaining agreements,

memoranda of understanding, or other agreements between

such employers and their employees.

‘‘(e) P

ROHIBITION

.—

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129 STAT. 1842 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) I

N GENERAL

.—Nothing in this Act shall be construed

to authorize or permit the Secretary—

‘‘(A) when promulgating any rule or regulation, to

promulgate any rule or regulation on the development or

implementation of the statewide accountability system

established under this section that would—

‘‘(i) add new requirements that are inconsistent

with or outside the scope of this part;

‘‘(ii) add new criteria that are inconsistent with

or outside the scope of this part; or

‘‘(iii) be in excess of statutory authority granted

to the Secretary;

‘‘(B) as a condition of approval of the State plan, or

revisions or amendments to, the State plan, or approval

of a waiver request submitted under section 8401, to—

‘‘(i) require a State to add any requirements that

are inconsistent with or outside the scope of this part;

‘‘(ii) require a State to add or delete one or more

specific elements of the challenging State academic

standards; or

‘‘(iii) prescribe—

‘‘(I) numeric long-term goals or measurements

of interim progress that States establish for all

students, for any subgroups of students, and for

English learners with respect to English language

proficiency, under this part, including—

‘‘(aa) the length of terms set by States

in designing such goals; or

‘‘(bb) the progress expected from any sub-

groups of students in meeting such goals;

‘‘(II) specific academic assessments or assess-

ment items that States or local educational agen-

cies use to meet the requirements of subsection

(b)(2) or otherwise use to measure student aca-

demic achievement or student growth under this

part;

‘‘(III) indicators that States use within the

State accountability system under this section,

including any requirement to measure student

growth, or, if a State chooses to measure student

growth, the specific metrics used to measure such

growth under this part;

‘‘(IV) the weight of any measure or indicator

used to identify or meaningfully differentiate

schools, under this part;

‘‘(V) the specific methodology used by States

to meaningfully differentiate or identify schools

under this part;

‘‘(VI) any specific school support and improve-

ment strategies or activities that State or local

educational agencies establish and implement to

intervene in, support, and improve schools and

improve student outcomes under this part;

‘‘(VII) exit criteria established by States under

subsection (d)(3)(A)(i);

‘‘(VIII) provided that the State meets the

requirements in subsection (c)(3), a minimum

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129 STAT. 1843 PUBLIC LAW 114–95—DEC. 10, 2015

number of students established by a State under

such subsection;

‘‘(IX) any aspect or parameter of a teacher,

principal, or other school leader evaluation system

within a State or local educational agency;

‘‘(X) indicators or specific measures of teacher,

principal, or other school leader effectiveness or

quality; or

‘‘(XI) the way in which the State factors the

requirement under subsection (c)(4)(E)(i) into the

statewide accountability system under this section;

‘‘(C) to issue new non-regulatory guidance that—

‘‘(i) in seeking to provide explanation of require-

ments under this section for State or local educational

agencies, either in response to requests for information

or in anticipation of such requests, provides a strictly

limited or exhaustive list to illustrate successful

implementation of provisions under this section; or

‘‘(ii) purports to be legally binding; or

‘‘(D) to require data collection under this part beyond

data derived from existing Federal, State, and local

reporting requirements.

‘‘(2) D

EFINING TERMS

.—In carrying out this part, the Sec-

retary shall not, through regulation or as a condition of approval

of the State plan or revisions or amendments to the State

plan, promulgate a definition of any term used in this part,

or otherwise prescribe any specification for any such term,

that is inconsistent with or outside the scope of this part

or is in violation of paragraph (1).

‘‘(f) E

XISTING

TATE

.—Nothing in this section shall be

construed to alter any State law or regulation granting parents

authority over schools that repeatedly failed to make adequate

yearly progress under this part, as in effect on the day before

the date of the enactment of the Every Student Succeeds Act.

‘‘(g) O

THER

LAN

ROVISIONS

.—

‘‘(1) D

ESCRIPTIONS

.—Each State plan shall describe—

‘‘(A) how the State will provide assistance to local

educational agencies and individual elementary schools

choosing to use funds under this part to support early

childhood education programs;

‘‘(B) how low-income and minority children enrolled

in schools assisted under this part are not served at dis-

proportionate rates by ineffective, out-of-field, or inexperi-

enced teachers, and the measures the State educational

agency will use to evaluate and publicly report the progress

of the State educational agency with respect to such

description (except that nothing in this subparagraph shall

be construed as requiring a State to develop or implement

a teacher, principal, or other school leader evaluation

system);

‘‘(C) how the State educational agency will support

local educational agencies receiving assistance under this

part to improve school conditions for student learning,

including through reducing—

‘‘(i) incidences of bullying and harassment;

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129 STAT. 1844 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) the overuse of discipline practices that remove

students from the classroom; and

‘‘(iii) the use of aversive behavioral interventions

that compromise student health and safety;

‘‘(D) how the State will support local educational agen-

cies receiving assistance under this part in meeting the

needs of students at all levels of schooling (particularly

students in the middle grades and high school), including

how the State will work with such local educational agen-

cies to provide effective transitions of students to middle

grades and high school to decrease the risk of students

dropping out;

‘‘(E) the steps a State educational agency will take

to ensure collaboration with the State agency responsible

for administering the State plans under parts B and E

of title IV of the Social Security Act (42 U.S.C. 621 et

seq. and 670 et seq.) to ensure the educational stability

of children in foster care, including assurances that—

‘‘(i) any such child enrolls or remains in such child’s

school of origin, unless a determination is made that

it is not in such child’s best interest to attend the

school of origin, which decision shall be based on all

factors relating to the child’s best interest, including

consideration of the appropriateness of the current edu-

cational setting and the proximity to the school in

which the child is enrolled at the time of placement;

‘‘(ii) when a determination is made that it is not

in such child’s best interest to remain in the school

of origin, the child is immediately enrolled in a new

school, even if the child is unable to produce records

normally required for enrollment;

‘‘(iii) the enrolling school shall immediately contact

the school last attended by any such child to obtain

relevant academic and other records; and

‘‘(iv) the State educational agency will designate

an employee to serve as a point of contact for child

welfare agencies and to oversee implementation of the

State agency responsibilities required under this

subparagraph, and such point of contact shall not be

the State’s Coordinator for Education of Homeless Chil-

dren and Youths under section 722(d)(3) of the

McKinney-Vento Homeless Assistance Act (42 U.S.C.

11432(d)(3));

‘‘(F) how the State educational agency will provide

support to local educational agencies in the identification,

enrollment, attendance, and school stability of homeless

children and youths; and

‘‘(G) such other factors the State educational agency

determines appropriate to provide students an opportunity

to achieve the knowledge and skills described in the chal-

lenging State academic standards.

‘‘(2) A

SSURANCES

.—Each State plan shall contain assur-

ances that—

‘‘(A) the State will make public any methods or criteria

the State is using to measure teacher, principal, or other

school leader effectiveness for the purpose of meeting the

requirements described in paragraph (1)(B);

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129 STAT. 1845 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) the State educational agency will notify local edu-

cational agencies, Indian tribes and tribal organizations,

schools, teachers, parents, and the public of the challenging

State academic standards, academic assessments, and

State accountability system, developed under this section;

‘‘(C) the State educational agency will assist each local

educational agency and school affected by the State plan

to meet the requirements of this part;

‘‘(D) the State will participate in the biennial State

academic assessments in reading and mathematics in

grades 4 and 8 of the National Assessment of Educational

Progress carried out under section 303(b)(3) of the National

Assessment of Educational Progress Authorization Act (20

U.S.C. 9622(b)(3)) if the Secretary pays the costs of admin-

istering such assessments;

‘‘(E) the State educational agency will modify or elimi-

nate State fiscal and accounting barriers so that schools

can easily consolidate funds from other Federal, State,

and local sources to improve educational opportunities and

reduce unnecessary fiscal and accounting requirements;

‘‘(F) the State educational agency will support the

collection and dissemination to local educational agencies

and schools of effective parent and family engagement

strategies, including those included in the parent and

family engagement policy under section 1116;

‘‘(G) the State educational agency will provide the least

restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program

assisted under this part;

‘‘(H) the State educational agency will ensure that

local educational agencies, in developing and implementing

programs under this part, will, to the extent feasible, work

in consultation with outside intermediary organizations

(such as educational service agencies), or individuals, that

have practical expertise in the development or use of evi-

dence-based strategies and programs to improve teaching,

learning, and schools;

‘‘(I) the State educational agency has appropriate proce-

dures and safeguards in place to ensure the validity of

the assessment process;

‘‘(J) the State educational agency will ensure that all

teachers and paraprofessionals working in a program sup-

ported with funds under this part meet applicable State

certification and licensure requirements, including any

requirements for certification obtained through alternative

routes to certification;

‘‘(K) the State educational agency will coordinate activi-

ties funded under this part with other Federal activities

as appropriate;

‘‘(L) the State educational agency has involved the

committee of practitioners established under section

1603(b) in developing the plan and monitoring its

implementation;

‘‘(M) the State has professional standards for para-

professionals working in a program supported with funds

under this part, including qualifications that were in place

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129 STAT. 1846 PUBLIC LAW 114–95—DEC. 10, 2015

on the day before the date of enactment of the Every

Student Succeeds Act; and

‘‘(N) the State educational agency will provide the

information described in clauses (ii), (iii), and (vii) of sub-

section (h)(1)(C) to the public in an easily accessible and

user-friendly manner that can be cross-tabulated by, at

a minimum, each major racial and ethnic group, gender,

English proficiency status, and children with or without

disabilities, which—

‘‘(i) may be accomplished by including such

information on the annual State report card described

subsection (h)(1)(C); and

‘‘(ii) shall be presented in a manner that—

‘‘(I) is first anonymized and does not reveal

personally identifiable information about an indi-

vidual student;

‘‘(II) does not include a number of students

in any subgroup of students that is insufficient

to yield statistically reliable information or that

would reveal personally identifiable information

about an individual student; and

‘‘(III) is consistent with the requirements of

section 444 of the General Education Provisions

Act (20 U.S.C. 1232g, commonly known as the

‘Family Educational Rights and Privacy Act of

1974’).

‘‘(3) R

ULES OF CONSTRUCTION

.—Nothing in paragraph (2)(N)

shall be construed to—

‘‘(A) require groups of students obtained by any entity

that cross-tabulates the information provided under such

paragraph to be considered subgroups of students, as

defined in subsection (c)(2), for the purposes of the State

accountability system under subsection (c); or

‘‘(B) require or prohibit States or local educational

agencies from publicly reporting data in a cross-tabulated

manner, in order to meet the requirements of paragraph

(2)(N).

‘‘(4) T

ECHNICAL ASSISTANCE

.—Upon request by a State edu-

cational agency, the Secretary shall provide technical assistance

to such agency to—

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

‘‘(B) in the case of a State educational agency choosing,

at its sole discretion, to disaggregate data described in

clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian

and Native Hawaiian or Pacific Islander students using

the same race response categories as the decennial census

of the population, assist such State educational agency

in such disaggregation and in using such data to improve

academic outcomes for such students.

‘‘(h) R

EPORTS

.—

‘‘(1) A

NNUAL STATE REPORT CARD

.—

‘‘(A) I

N GENERAL

.—A State that receives assistance

under this part shall prepare and disseminate widely to

the public an annual State report card for the State as

a whole that meets the requirements of this paragraph.

‘‘(B) I

MPLEMENTATION

.—The State report card required

under this paragraph shall be—

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129 STAT. 1847 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) concise;

‘‘(ii) presented in an understandable and uniform

format that is developed in consultation with parents

and, to the extent practicable, in a language that par-

ents can understand; and

‘‘(iii) widely accessible to the public, which shall

include making available on a single webpage of the

State educational agency’s website, the State report

card, all local educational agency report cards for each

local educational agency in the State required under

paragraph (2), and the annual report to the Secretary

under paragraph (5).

‘‘(C) M

INIMUM REQUIREMENTS

.—Each State report card

required under this subsection shall include the following

information:

‘‘(i) A clear and concise description of the State’s

accountability system under subsection (c), including—

‘‘(I) the minimum number of students that

the State determines are necessary to be included

in each of the subgroups of students, as defined

in subsection (c)(2), for use in the accountability

system;

‘‘(II) the long-term goals and measurements

of interim progress for all students and for each

of the subgroups of students, as defined in sub-

section (c)(2);

‘‘(III) the indicators described in subsection

(c)(4)(B) used to meaningfully differentiate all

public schools in the State;

‘‘(IV) the State’s system for meaningfully dif-

ferentiating all public schools in the State,

including—

‘‘(aa) the specific weight of the indicators

described in subsection (c)(4)(B) in such dif-

ferentiation;

‘‘(bb) the methodology by which the State

differentiates all such schools;

‘‘(cc) the methodology by which the State

differentiates a school as consistently under-

performing for any subgroup of students

described in section (c)(4)(C)(iii), including the

time period used by the State to determine

consistent underperformance; and

‘‘(dd) the methodology by which the State

identifies a school for comprehensive support

and improvement as required under sub-

section (c)(4)(D)(i);

‘‘(V) the number and names of all public

schools in the State identified by the State for

comprehensive support and improvement under

subsection (c)(4)(D)(i) or implementing targeted

support and improvement plans under subsection

(d)(2); and

‘‘(VI) the exit criteria established by the State

as required under clause (i) of subsection (d)(3)(A),

including the length of years established under

clause (i)(II) of such subsection.

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129 STAT. 1848 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) For all students and disaggregated by each

subgroup of students described in subsection

(b)(2)(B)(xi), homeless status, status as a child in foster

care, and status as a student with a parent who is

a member of the Armed Forces (as defined in section

101(a)(4) of title 10, United States Code) on active

duty (as defined in section 101(d)(5) of such title),

information on student achievement on the academic

assessments described in subsection (b)(2) at each level

of achievement, as determined by the State under sub-

section (b)(1).

‘‘(iii) For all students and disaggregated by each

of the subgroups of students, as defined in subsection

(c)(2), and for purposes of subclause (II) of this clause,

homeless status and status as a child in foster care—

‘‘(I) information on the performance on the

other academic indicator under subsection

(c)(4)(B)(ii) for public elementary schools and sec-

ondary schools that are not high schools, used

by the State in the State accountability system;

and

‘‘(II) high school graduation rates, including

four-year adjusted cohort graduation rates and,

at the State’s discretion, extended-year adjusted

cohort graduation rates.

‘‘(iv) Information on the number and percentage

of English learners achieving English language pro-

ficiency.

‘‘(v) For all students and disaggregated by each

of the subgroups of students, as defined in subsection

(c)(2), information on the performance on the other

indicator or indicators of school quality or student suc-

cess under subsection (c)(4)(B)(v) used by the State

in the State accountability system.

‘‘(vi) Information on the progress of all students

and each subgroup of students, as defined in subsection

(c)(2), toward meeting the State-designed long term

goals under subsection (c)(4)(A), including the progress

of all students and each such subgroup of students

against the State measurements of interim progress

established under such subsection.

‘‘(vii) For all students and disaggregated by each

subgroup of students described in subsection

(b)(2)(B)(xi), the percentage of students assessed and

not assessed.

‘‘(viii) Information submitted by the State edu-

cational agency and each local educational agency in

the State, in accordance with data collection conducted

pursuant to section 203(c)(1) of the Department of Edu-

cation Organization Act (20 U.S.C. 3413(c)(1)), on—

‘‘(I) measures of school quality, climate, and

safety, including rates of in-school suspensions,

out-of-school suspensions, expulsions, school-

related arrests, referrals to law enforcement,

chronic absenteeism (including both excused and

unexcused absences), incidences of violence,

including bullying and harassment; and

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129 STAT. 1849 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(II) the number and percentage of students

enrolled in—

‘‘(aa) preschool programs; and

‘‘(bb) accelerated coursework to earn post-

secondary credit while still in high school, such

as Advanced Placement and International

Baccalaureate courses and examinations, and

dual or concurrent enrollment programs.

‘‘(ix) The professional qualifications of teachers in

the State, including information (that shall be pre-

sented in the aggregate and disaggregated by high-

poverty compared to low-poverty schools) on the

number and percentage of—

‘‘(I) inexperienced teachers, principals, and

other school leaders;

‘‘(II) teachers teaching with emergency or

provisional credentials; and

‘‘(III) teachers who are not teaching in the

subject or field for which the teacher is certified

or licensed.

‘‘(x) The per-pupil expenditures of Federal, State,

and local funds, including actual personnel expendi-

tures and actual nonpersonnel expenditures of Federal,

State, and local funds, disaggregated by source of

funds, for each local educational agency and each

school in the State for the preceding fiscal year.

‘‘(xi) The number and percentages of students with

the most significant cognitive disabilities who take an

alternate assessment under subsection (b)(2)(D), by

grade and subject.

‘‘(xii) Results on the State academic assessments

in reading and mathematics in grades 4 and 8 of

the National Assessment of Educational Progress car-

ried out under section 303(b)(3) of the National Assess-

ment of Educational Progress Authorization Act (20

U.S.C. 9622(b)(3)), compared to the national average

of such results.

‘‘(xiii) Where available, for each high school in

the State, and beginning with the report card prepared

under this paragraph for 2017, the cohort rate (in

the aggregate, and disaggregated for each subgroup

of students defined in subsection (c)(2)), at which stu-

dents who graduate from the high school enroll, for

the first academic year that begins after the students’

graduation—

‘‘(I) in programs of public postsecondary edu-

cation in the State; and

‘‘(II) if data are available and to the extent

practicable, in programs of private postsecondary

education in the State or programs of postsec-

ondary education outside the State.

‘‘(xiv) Any additional information that the State

believes will best provide parents, students, and other

members of the public with information regarding the

progress of each of the State’s public elementary

schools and secondary schools, which may include the

number and percentage of students attaining career

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129 STAT. 1850 PUBLIC LAW 114–95—DEC. 10, 2015

and technical proficiencies (as defined by section 113(b)

of the Carl D. Perkins Career and Technical Education

Act of 2006 (20 U.S.C. 2323(b)) and reported by States

only in a manner consistent with section 113(c) of

such Act (20 U.S.C. 2323(c)).

‘‘(D) R

ULES OF CONSTRUCTION

.—Nothing in subpara-

graph (C)(viii) shall be construed as requiring—

‘‘(i) reporting of any data that are not collected

in accordance with section 203(c)(1) of the Department

of Education Organization Act (20 U.S.C. 3413(c)(1);

‘‘(ii) disaggregation of any data other than as

required under subsection (b)(2)(B)(xi).

‘‘(2) A

NNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS

.—

‘‘(A) P

REPARATION AND DISSEMINATION

.—A local edu-

cational agency that receives assistance under this part

shall prepare and disseminate an annual local educational

agency report card that includes information on such

agency as a whole and each school served by the agency.

‘‘(B) I

MPLEMENTATION

.—Each local educational agency

report card shall be—

‘‘(i) concise;

‘‘(ii) presented in an understandable and uniform

format, and to the extent practicable, in a language

that parents can understand; and

‘‘(iii) accessible to the public, which shall include—

‘‘(I) placing such report card on the website

of the local educational agency; and

‘‘(II) in any case in which a local educational

agency does not operate a website, providing the

information to the public in another manner deter-

mined by the local educational agency.

‘‘(C) M

INIMUM REQUIREMENTS

.—The State educational

agency shall ensure that each local educational agency

collects appropriate data and includes in the local edu-

cational agency’s annual report the information described

in paragraph (1)(C), disaggregated in the same manner

as required under such paragraph, except for clause (xii)

of such paragraph, as applied to the local educational

agency and each school served by the local educational

agency, including—

‘‘(i) in the case of a local educational agency,

information that shows how students served by the

local educational agency achieved on the academic

assessments described in subsection (b)(2) compared

to students in the State as a whole;

‘‘(ii) in the case of a school, information that shows

how the school’s students’ achievement on the academic

assessments described in subsection (b)(2) compared

to students served by the local educational agency

and the State as a whole; and

‘‘(iii) any other information that the local edu-

cational agency determines is appropriate and will best

provide parents, students, and other members of the

public with information regarding the progress of each

public school served by the local educational agency,

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129 STAT. 1851 PUBLIC LAW 114–95—DEC. 10, 2015

whether or not such information is included in the

annual State report card.

‘‘(D) A

DDITIONAL INFORMATION

.—In the case of a local

educational agency that issues a report card for all stu-

dents, the local educational agency may include the

information under this section as part of such report.

‘‘(3) P

REEXISTING REPORT CARDS

.—A State educational

agency or local educational agency may use public report cards

on the performance of students, schools, local educational agen-

cies, or the State, that were in effect prior to the date of

enactment of the Every Student Succeeds Act for the purpose

of this subsection, so long as any such report card is modified,

as may be needed, to contain the information required by

this subsection, and protects the privacy of individual students.

‘‘(4) C

OST REDUCTION

.—Each State educational agency and

local educational agency receiving assistance under this part

shall, wherever possible, take steps to reduce data collection

costs and duplication of effort by obtaining the information

required under this subsection through existing data collection

efforts.

‘‘(5) A

NNUAL STATE REPORT TO THE SECRETARY

.—Each State

educational agency receiving assistance under this part shall

report annually to the Secretary, and make widely available

within the State—

‘‘(A) information on the achievement of students on

the academic assessments required by subsection (b)(2),

including the disaggregated results for the subgroups of

students as defined in subsection (c)(2);

‘‘(B) information on the acquisition of English pro-

ficiency by English learners;

‘‘(C) the number and names of each public school in

the State—

‘‘(i) identified for comprehensive support and

improvement under subsection (c)(4)(D)(i); and

‘‘(ii) implementing targeted support and improve-

ment plans under subsection (d)(2); and

‘‘(D) information on the professional qualifications of

teachers in the State, including information on the number

and the percentage of the following teachers:

‘‘(i) Inexperienced teachers.

‘‘(ii) Teachers teaching with emergency or provi-

sional credentials.

‘‘(iii) Teachers who are not teaching in the subject

or field for which the teacher is certified or licensed.

‘‘(6) R

EPORT 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 col-

lected under paragraph (5). Such report shall be submitted

through electronic means only.

‘‘(i) P

RIVACY

.—

‘‘(1) I

N GENERAL

.—Information collected or disseminated

under this section (including any information collected for or

included in the reports described in subsection (h)) shall be

collected and disseminated in a manner that protects the pri-

vacy of individuals consistent with section 444 of the General

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129 STAT. 1852 PUBLIC LAW 114–95—DEC. 10, 2015

Education Provisions Act (20 U.S.C. 1232g, commonly known

as the ‘Family Educational Rights and Privacy Act of 1974’)

and this Act.

‘‘(2) S

UFFICIENCY

.—The reports described in subsection (h)

shall only include data that are sufficient to yield statistically

reliable information.

‘‘(3) D

ISAGGREGATION

.—Disaggregation under this section

shall not be required if such disaggregation will reveal person-

ally identifiable information about any student, teacher, prin-

cipal, or other school leader, or will provide data that are

insufficient to yield statistically reliable information.

‘‘(j) V

OLUNTARY

ARTNERSHIPS

.—A State retains the right to

enter into a voluntary partnership with another State to develop

and implement the challenging State academic standards and

assessments required under this section, except that the Secretary

shall not attempt to influence, incentivize, or coerce State—

‘‘(1) adoption of the Common Core State Standards devel-

oped under the Common Core State Standards Initiative or

any other academic standards common to a significant number

of States, or assessments tied to such standards; or

‘‘(2) participation in such partnerships.

‘‘(k) S

PECIAL

ULE

ITH

ESPECT TO

UREAU

-F

UNDED

CHOOLS

.—In determining the assessments to be used by each

school operated or funded by the Bureau of Indian Education

receiving funds under this part, the following shall apply until

the requirements of section 8204(c) have been met:

‘‘(1) Each such school that is accredited by the State in

which it is operating shall use the assessments and other

academic indicators the State has developed and implemented

to meet the requirements of this section, or such other appro-

priate assessment and academic indicators as approved by the

Secretary of the Interior.

‘‘(2) Each such school that is accredited by a regional

accrediting organization (in consultation with and with the

approval of the Secretary of the Interior, and consistent with

assessments and academic indicators adopted by other schools

in the same State or region) shall adopt an appropriate assess-

ment and other academic indicators that meet the requirements

of this section.

‘‘(3) Each such school that is accredited by a tribal accred-

iting agency or tribal division of education shall use an assess-

ment and other academic indicators developed by such agency

or division, except that the Secretary of the Interior shall

ensure that such assessment and academic indicators meet

the requirements of this section.

‘‘(l) C

ONSTRUCTION

.—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.’’.

SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS.

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

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘‘(a) P

LANS

EQUIRED

.—

‘‘(1) S

UBGRANTS

.—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—

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129 STAT. 1853 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) is developed with timely and meaningful consulta-

tion with teachers, principals, other school leaders, para-

professionals, specialized instructional support personnel,

charter school leaders (in a local educational agency that

has charter schools), administrators (including administra-

tors of programs described in other parts of this title),

other appropriate school personnel, and with parents of

children in schools served under this part; and

‘‘(B) as appropriate, is coordinated with other programs

under this Act, the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of

1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career

and Technical Education Act of 2006 (20 U.S.C. 2301 et

seq.), the Workforce Innovation and Opportunity Act (29

U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831

et seq.), the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11301 et seq.), the Adult Education and Family

Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as

appropriate.

‘‘(2) C

ONSOLIDATED APPLICATION

.—The plan may be sub-

mitted as part of a consolidated application under section 8305.

‘‘(3) S

TATE APPROVAL

.—

‘‘(A) I

N GENERAL

.—Each local educational agency plan

shall be filed according to a schedule established by the

State educational agency.

‘‘(B) A

PPROVAL

.—The State educational agency shall

approve a local educational agency’s plan only if the State

educational agency determines that the local educational

agency’s plan—

‘‘(i) provides that schools served under this part

substantially help children served under this part meet

the challenging State academic standards; and

‘‘(ii) meets the requirements of this section.

‘‘(4) D

URATION

.—Each local educational agency plan shall

be submitted for the first year for which this part is in effect

following the date of enactment of the Every Student Succeeds

Act and shall remain in effect for the duration of the agency’s

participation under this part.

‘‘(5) R

EVIEW

.—Each local educational agency shall periodi-

cally review and, as necessary, revise its plan.

‘‘(6) R

ULE OF CONSTRUCTION

.—Consultation required under

paragraph (1)(A) shall not interfere with the timely submission

of the plan required under this section.

‘‘(b) P

LAN

ROVISIONS

.—To ensure that all children receive

a high-quality education, and to close the achievement gap between

children meeting the challenging State academic standards and

those children who are not meeting such standards, each local

educational agency plan shall describe—

‘‘(1) how the local educational agency will monitor students’

progress in meeting the challenging State academic standards

by—

‘‘(A) developing and implementing a well-rounded pro-

gram of instruction to meet the academic needs of all

students;

‘‘(B) identifying students who may be at risk for aca-

demic failure;

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129 STAT. 1854 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) providing additional educational assistance to indi-

vidual students the local educational agency or school deter-

mines need help in meeting the challenging State academic

standards; and

‘‘(D) identifying and implementing instructional and

other strategies intended to strengthen academic programs

and improve school conditions for student learning;

‘‘(2) how the local educational agency will identify and

address, as required under State plans as described in section

1111(g)(1)(B), any disparities that result in low-income students

and minority students being taught at higher rates than other

students by ineffective, inexperienced, or out-of-field teachers;

‘‘(3) how the local educational agency will carry out its

responsibilities under paragraphs (1) and (2) of section 1111(d);

‘‘(4) the poverty criteria that will be used to select school

attendance areas under section 1113;

‘‘(5) in general, the nature of the programs to be conducted

by such agency’s schools under sections 1114 and 1115 and,

where appropriate, educational services outside such schools

for children living in local institutions for neglected or delin-

quent children, and for neglected and delinquent children in

community day school programs;

‘‘(6) the services the local educational agency will provide

homeless children and youths, including services provided with

funds reserved under section 1113(c)(3)(A), to support the

enrollment, attendance, and success of homeless children and

youths, in coordination with the services the local educational

agency is providing under the McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11301 et seq.);

‘‘(7) the strategy the local educational agency will use to

implement effective parent and family engagement under sec-

tion 1116;

‘‘(8) if applicable, how the local educational agency will

support, coordinate, and integrate services provided under this

part with early childhood education programs at the local edu-

cational agency or individual school level, including plans for

the transition of participants in such programs to local

elementary school programs;

‘‘(9) how teachers and school leaders, in consultation with

parents, administrators, paraprofessionals, and specialized

instructional support personnel, in schools operating a targeted

assistance school program under section 1115, will identify

the eligible children most in need of services under this part;

‘‘(10) how the local educational agency will implement

strategies to facilitate effective transitions for students from

middle grades to high school and from high school to postsec-

ondary education including, if applicable—

‘‘(A) through coordination with institutions of higher

education, employers, and other local partners; and

‘‘(B) through increased student access to early college

high school or dual or concurrent enrollment opportunities,

or career counseling to identify student interests and skills;

‘‘(11) how the local educational agency will support efforts

to reduce the overuse of discipline practices that remove stu-

dents from the classroom, which may include identifying and

supporting schools with high rates of discipline, disaggregated

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129 STAT. 1855 PUBLIC LAW 114–95—DEC. 10, 2015

by each of the subgroups of students, as defined in section

1111(c)(2);

‘‘(12) if determined appropriate by the local educational

agency, how such agency will support programs that coordinate

and integrate—

‘‘(A) academic and career and technical education con-

tent through coordinated instructional strategies, that may

incorporate experiential learning opportunities and pro-

mote skills attainment important to in-demand occupations

or industries in the State; and

‘‘(B) work-based learning opportunities that provide

students in-depth interaction with industry professionals

and, if appropriate, academic credit; and

‘‘(13) any other information on how the local educational

agency proposes to use funds to meet the purposes of this

part, and that the local educational agency determines appro-

priate to provide, which may include how the local educational

agency will—

‘‘(A) assist schools in identifying and serving gifted

and talented students; and

‘‘(B) assist schools in developing effective school library

programs to provide students an opportunity to develop

digital literacy skills and improve academic achievement.

‘‘(c) A

SSURANCES

.—Each local educational agency plan shall

provide assurances that the local educational agency will—

‘‘(1) ensure that migratory children and formerly migratory

children who are eligible to receive services under this part

are selected to receive such services on the same basis as

other children who are selected to receive services under this

part;

‘‘(2) provide services to eligible children attending private

elementary schools and secondary schools in accordance with

section 1117, and timely and meaningful consultation with

private school officials regarding such services;

‘‘(3) participate, if selected, in the National Assessment

of Educational Progress in reading and mathematics in grades

4 and 8 carried out under section 303(b)(3) of the National

Assessment of Educational Progress Authorization Act (20

U.S.C. 9622(b)(3));

‘‘(4) coordinate and integrate services provided under this

part with other educational services at the local educational

agency or individual school level, such as services for English

learners, children with disabilities, migratory children, Amer-

ican Indian, Alaska Native, and Native Hawaiian children,

and homeless children and youths, in order to increase program

effectiveness, eliminate duplication, and reduce fragmentation

of the instructional program;

‘‘(5) collaborate with the State or local child welfare agency

to—

‘‘(A) designate a point of contact if the corresponding

child welfare agency notifies the local educational agency,

in writing, that the agency has designated an employee

to serve as a point of contact for the local educational

agency; and

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129 STAT. 1856 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) by not later than 1 year after the date of enact-

ment of the Every Student Succeeds Act, develop and imple-

ment clear written procedures governing how transpor-

tation to maintain children in foster care in their school

of origin when in their best interest will be provided,

arranged, and funded for the duration of the time in foster

care, which procedures shall—

‘‘(i) ensure that children in foster care needing

transportation to the school of origin will promptly

receive transportation in a cost-effective manner and

in accordance with section 475(4)(A) of the Social Secu-

rity Act (42 U.S.C. 675(4)(A)); and

‘‘(ii) ensure that, if there are additional costs

incurred in providing transportation to maintain chil-

dren in foster care in their schools of origin, the local

educational agency will provide transportation to the

school of origin if—

‘‘(I) the local child welfare agency agrees to

reimburse the local educational agency for the cost

of such transportation;

‘‘(II) the local educational agency agrees to

pay for the cost of such transportation; or

‘‘(III) the local educational agency and the local

child welfare agency agree to share the cost of

such transportation; and

‘‘(6) ensure that all teachers and paraprofessionals working

in a program supported with funds under this part meet

applicable State certification and licensure requirements,

including any requirements for certification obtained through

alternative routes to certification; and

‘‘(7) in the case of a local educational agency that chooses

to use funds under this part to provide early childhood edu-

cation services to low-income children below the age of compul-

sory school attendance, ensure that such services comply with

the performance standards established under section 641A(a)

of the Head Start Act (42 U.S.C. 9836a(a)).

‘‘(d) S

PECIAL

ULE

.—For local educational agencies using funds

under this part for the purposes described in subsection (c)(7),

the Secretary shall—

‘‘(1) consult with the Secretary of Health and Human Serv-

ices and establish procedures (taking into consideration existing

State and local laws, and local teacher contracts) to assist

local educational agencies to comply with such subsection; and

‘‘(2) disseminate to local educational agencies the education

performance standards in effect under section 641A(a) of the

Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected

by such subsection (c)(7) shall plan to comply with such sub-

section (taking into consideration existing State and local laws,

and local teacher contracts), including by pursuing the avail-

ability of other Federal, State, and local funding sources to

assist with such compliance.

‘‘(e) P

ARENTS

IGHT

KNOW

.—

‘‘(1) I

NFORMATION FOR PARENTS

.—

‘‘(A) I

N 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

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129 STAT. 1857 PUBLIC LAW 114–95—DEC. 10, 2015

may request, and the agency will provide the parents on

request (and in a timely manner), information regarding

the professional qualifications of the student’s classroom

teachers, including at a minimum, the following:

‘‘(i) Whether the student’s teacher—

‘‘(I) has met State qualification and licensing

criteria for the grade levels and subject areas in

which the teacher provides instruction;

‘‘(II) is teaching under emergency or other

provisional status through which State qualifica-

tion or licensing criteria have been waived; and

‘‘(III) is teaching in the field of discipline of

the certification of the teacher.

‘‘(ii) Whether the child is provided services by para-

professionals and, if so, their qualifications.

‘‘(B) A

DDITIONAL INFORMATION

.—In addition to the

information that parents may request under subparagraph

(A), a school that receives funds under this part shall

provide to each individual parent of a child who is a student

in such school, with respect to such student—

‘‘(i) information on the level of achievement and

academic growth of the student, if applicable and avail-

able, on each of the State academic assessments

required under this part; and

‘‘(ii) timely notice that the student has been

assigned, or has been taught for 4 or more consecutive

weeks by, a teacher who does not meet applicable

State certification or licensure requirements at the

grade level and subject area in which the teacher has

been assigned.

‘‘(2) T

ESTING TRANSPARENCY

.—

‘‘(A) I

N GENERAL

.—At the beginning of each school

year, a local educational agency that receives funds under

this part shall notify the parents of each student attending

any school receiving funds under this part that the parents

may request, and the local educational agency will provide

the parents on request (and in a timely manner), informa-

tion regarding any State or local educational agency policy

regarding student participation in any assessments man-

dated by section 1111(b)(2) and by the State or local edu-

cational agency, which shall include a policy, procedure,

or parental right to opt the child out of such assessment,

where applicable.

‘‘(B) A

DDITIONAL INFORMATION

.—Subject to subpara-

graph (C), each local educational agency that receives funds

under this part shall make widely available through public

means (including by posting in a clear and easily accessible

manner on the local educational agency’s website and,

where practicable, on the website of each school served

by the local educational agency) for each grade served

by the local educational agency, information on each assess-

ment required by the State to comply with section 1111,

other assessments required by the State, and where such

information is available and feasible to report, assessments

required districtwide by the local educational agency,

including—

‘‘(i) the subject matter assessed;

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129 STAT. 1858 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) the purpose for which the assessment is

designed and used;

‘‘(iii) the source of the requirement for the assess-

ment; and

‘‘(iv) where such information is available—

‘‘(I) the amount of time students will spend

taking the assessment, and the schedule for the

assessment; and

‘‘(II) the time and format for disseminating

results.

‘‘(C) L

OCAL EDUCATIONAL AGENCY THAT DOES NOT

OPERATE A WEBSITE

.—In the case of a local educational

agency that does not operate a website, such local edu-

cational agency shall determine how to make the informa-

tion described in subparagraph (A) widely available, such

as through distribution of that information to the media,

through public agencies, or directly to parents.

‘‘(3) L

ANGUAGE INSTRUCTION

.—

‘‘(A) N

OTICE

.—Each local educational agency using

funds under this part or title III to provide a language

instruction educational program as determined under title

III shall, not later than 30 days after the beginning of

the school year, inform parents of an English learner identi-

fied for participation or participating in such a program,

of—

‘‘(i) the reasons for the identification of their child

as an English learner and in need of placement in

a language instruction educational program;

‘‘(ii) the child’s level of English proficiency, how

such level was assessed, and the status of the child’s

academic achievement;

‘‘(iii) the methods of instruction used in the pro-

gram 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 con-

tent, instructional goals, and the use of English and

a native language in instruction;

‘‘(iv) how the program in which their child is, or

will be, participating will meet the educational

strengths and needs of their child;

‘‘(v) how such program will specifically help their

child learn English and meet age-appropriate academic

achievement standards for grade promotion and

graduation;

‘‘(vi) the specific exit requirements for the program,

including the expected rate of transition from such

program into classrooms that are not tailored for

English learners, and the expected rate of graduation

from high school (including four-year adjusted cohort

graduation rates and extended-year adjusted cohort

graduation rates for such program) if funds under this

part are used for children in high schools;

‘‘(vii) in the case of a child with a disability, how

such program meets the objectives of the individualized

education program of the child, as described in section

614(d) of the Individuals with Disabilities Education

Act (20 U.S.C. 1414(d)); and

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129 STAT. 1859 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(viii) information pertaining to parental rights

that includes written guidance—

‘‘(I) detailing the right that parents have to

have their child immediately removed from such

program upon their request;

‘‘(II) detailing the options that parents have

to decline to enroll their child in such program

or to choose another program or method of instruc-

tion, if available; and

‘‘(III) assisting parents in selecting among var-

ious programs and methods of instruction, if more

than 1 program or method is offered by the eligible

entity.

‘‘(B) S

PECIAL RULE APPLICABLE DURING THE SCHOOL

YEAR

.—For those children who have not been identified

as English learners prior to the beginning of the school

year but are identified as English learners during such

school year, the local educational agency shall notify the

children’s parents during the first 2 weeks of the child

being placed in a language instruction educational program

consistent with subparagraph (A).

‘‘(C) P

ARENTAL PARTICIPATION

.—

‘‘(i) I

N GENERAL

.—Each local educational agency

receiving funds under this part shall implement an

effective means of outreach to parents of English

learners to inform the parents regarding how the par-

ents can—

‘‘(I) be involved in the education of their chil-

dren; and

‘‘(II) be active participants in assisting their

children to—

‘‘(aa) attain English proficiency;

‘‘(bb) achieve at high levels within a well-

rounded education; and

‘‘(cc) meet the challenging State academic

standards expected of all students.

‘‘(ii) R

EGULAR MEETINGS

.—Implementing an effec-

tive means of outreach to parents under clause (i)

shall include holding, and sending notice of opportuni-

ties for, regular meetings for the purpose of formulating

and responding to recommendations from parents of

students assisted under this part or title III.

‘‘(D) B

ASIS FOR ADMISSION OR EXCLUSION

.—A student

shall not be admitted to, or excluded from, any federally

assisted education program on the basis of a surname

or language-minority status.

‘‘(4) N

OTICE AND FORMAT

.—The notice and information pro-

vided to parents under this subsection shall be in an under-

standable and uniform format and, to the extent practicable,

provided in a language that the parents can understand.’’.

SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.

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

(1) in subsection (a)—

(A) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) R

ANKING ORDER

.—

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129 STAT. 1860 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) R

ANKING

.—Except as provided in subparagraph

(B), if funds allocated in accordance with subsection (c)

are insufficient to serve all eligible school attendance areas,

a local educational agency shall—

‘‘(i) annually rank, without regard to grade spans,

such agency’s eligible school attendance areas in which

the concentration of children from low-income families

exceeds 75 percent from highest to lowest according

to the percentage of children from low-income families;

and

‘‘(ii) serve such eligible school attendance areas

in rank order.

‘‘(B) E

XCEPTION

.—A local educational agency may lower

the threshold in subparagraph (A)(i) to 50 percent for high

schools served by such agency.’’; and

(B) by striking paragraph (5) and inserting the fol-

lowing:

‘‘(5) M

EASURES

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), a local educational agency shall use the same measure

of poverty, which measure shall be the number of children

aged 5 through 17 in poverty counted in the most recent

census data approved by the Secretary, the number of

children eligible for a free or reduced price lunch under

the Richard B. Russell National School Lunch Act (42

U.S.C. 1751 et seq.), the number of children in families

receiving assistance under the State program funded under

part A of title IV of the Social Security Act, or the number

of children eligible to receive medical assistance under

the Medicaid Program, or a composite of such indicators,

with respect to all school attendance areas in the local

educational agency—

‘‘(i) to identify eligible school attendance areas;

‘‘(ii) to determine the ranking of each area; and

‘‘(iii) to determine allocations under subsection (c).

‘‘(B) S

ECONDARY SCHOOLS

.—For measuring the number

of students in low-income families in secondary schools,

the local educational agency shall use the same measure

of poverty, which shall be—

‘‘(i) the measure described under subparagraph (A);

‘‘(ii) subject to meeting the conditions of subpara-

graph (C), an accurate estimate of the number of stu-

dents in low-income families in a secondary school

that is calculated by applying the average percentage

of students in low-income families of the elementary

school attendance areas as calculated under subpara-

graph (A) that feed into the secondary school to the

number of students enrolled in such school.

‘‘(C) M

EASURE OF POVERTY

.—The local educational

agency shall have the option to use the measure of poverty

described in subparagraph (B)(ii) after—

‘‘(i) conducting outreach to secondary schools

within such agency to inform such schools of the option

to use such measure; and

‘‘(ii) a majority of such schools have approved the

use of such measure.’’;

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129 STAT. 1861 PUBLIC LAW 114–95—DEC. 10, 2015

(2) in subsection (b)(1)(D)(i), by striking ‘‘section 1120A(c)’’

and inserting ‘‘section 1118(c)’’; and

(3) in subsection (c)—

(A) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) R

ESERVATION OF FUNDS

.—

‘‘(A) I

N GENERAL

.—A local educational agency shall

reserve such funds as are necessary under this part, deter-

mined in accordance with subparagraphs (B) and (C), to

provide services comparable to those provided to children

in schools funded under this part to serve—

‘‘(i) homeless children and youths, including pro-

viding educationally related support services to chil-

dren in shelters and other locations where children

may live;

‘‘(ii) children in local institutions for neglected chil-

dren; and

‘‘(iii) if appropriate, children in local institutions

for delinquent children, and neglected or delinquent

children in community day programs.

‘‘(B) M

ETHOD OF DETERMINATION

.—The share of funds

determined under subparagraph (A) shall be determined—

‘‘(i) based on the total allocation received by the

local educational agency; and

‘‘(ii) prior to any allowable expenditures or trans-

fers by the local educational agency.

‘‘(C) H

OMELESS CHILDREN AND YOUTHS

.—Funds

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

‘‘(i) determined based on a needs assessment of

homeless children and youths in the local educational

agency, taking into consideration the number and

needs of homeless children and youths in the local

educational agency, and which needs assessment may

be the same needs assessment as conducted under

section 723(b)(1) of the McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11433(b)(1)); and

‘‘(ii) used to provide homeless children and youths

with services not ordinarily provided to other students

under this part, including providing—

‘‘(I) funding for the liaison designated pursu-

ant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C.

11432(g)(1)(J)(ii)); and

‘‘(II) transportation pursuant to section

722(g)(1)(J)(iii) of such Act (42 U.S.C.

11432(g)(1)(J)(iii)).’’;

(B) in paragraph (4), by striking ‘‘school improvement,

corrective action, and restructuring under section 1116(b)’’

and inserting ‘‘comprehensive support and improvement

activities or targeted support and improvement activities

under section 1111(d)’’; and

‘‘(5) E

ARLY CHILDHOOD EDUCATION

.—A local educational

agency may reserve funds made available to carry out this

section to provide early childhood education programs for

eligible children.’’.

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129 STAT. 1862 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 1008. SCHOOLWIDE PROGRAMS.

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

(1) by striking subsection (a) and inserting the following:

‘‘(a) I

ENERAL

.—

‘‘(1) U

SE OF FUNDS FOR SCHOOLWIDE PROGRAMS

.—

‘‘(A) E

LIGIBILITY

.—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) E

XCEPTION

.—A school that serves an eligible

school attendance area in which less than 40 percent of

the children are from low-income families, or a school for

which less than 40 percent of the children enrolled in

the school are from such families, may operate a schoolwide

program under this section if the school receives a waiver

from the State educational agency to do so, after taking

into account how a schoolwide program will best serve

the needs of the students in the school served under this

part in improving academic achievement and other factors.

‘‘(2) I

DENTIFICATION OF STUDENTS NOT REQUIRED

.—

‘‘(A) I

N GENERAL

.—No school participating in a

schoolwide program shall be required to identify—

‘‘(i) particular children under this part as eligible

to participate in a schoolwide program; or

‘‘(ii) individual services as supplementary.

‘‘(B) S

UPPLEMENTAL FUNDS

.—In accordance with the

method of determination described in section 1118(b)(2),

a school participating in a schoolwide program shall use

funds available to carry out this section only to supplement

the amount of funds that would, in the absence of funds

under this part, be made available from non-Federal

sources for the school, including funds needed to provide

services that are required by law for children with disabil-

ities and English learners.

‘‘(3) E

XEMPTION FROM STATUTORY AND REGULATORY

REQUIREMENTS

.—

‘‘(A) E

XEMPTION

.—Except as provided in paragraph (2),

the Secretary may, through publication of a notice in the

Federal Register, exempt schoolwide programs under this

section from statutory or regulatory provisions of any other

noncompetitive formula grant program administered by the

Secretary (other than formula or discretionary grant pro-

grams under the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.), except as provided in section

613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any

discretionary grant program administered by the Secretary,

to support schoolwide programs if the intent and purposes

of such other programs are met.

‘‘(B) R

EQUIREMENTS

.—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, serv-

ices to private school children, comparability of services,

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129 STAT. 1863 PUBLIC LAW 114–95—DEC. 10, 2015

maintenance of effort, uses of Federal funds to supplement,

not supplant non-Federal funds (in accordance with the

method of determination described in section 1118(b)(2)),

or the distribution of funds to State educational agencies

or local educational agencies that apply to the receipt of

funds from such programs.

‘‘(C) R

ECORDS

.—A school that chooses to consolidate

and use funds from different Federal programs under this

section shall not be required to maintain separate fiscal

accounting records, by program, that identify the specific

activities supported by those particular funds as long as

the school maintains records that demonstrate that the

schoolwide program, considered as a whole, addresses the

intent and purposes of each of the Federal programs that

were consolidated to support the schoolwide program.’’;

(2) by striking subsection (b) and inserting the following:

‘‘(b) S

CHOOLWIDE

ROGRAM

LAN

.—An eligible school operating

a schoolwide program shall develop a comprehensive plan (or amend

a plan for such a program that was in existence on the day before

the date of the enactment of the Every Student Succeeds Act)

that—

‘‘(1) is developed during a 1-year period, unless—

‘‘(A) the local educational agency determines, in con-

sultation with the school, that less time is needed to develop

and implement the schoolwide program; or

‘‘(B) the school is operating a schoolwide program on

the day before the date of the enactment of the Every

Student Succeeds Act, in which case such school may con-

tinue to operate such program, but shall develop amend-

ments to its existing plan during the first year of assistance

after that date to reflect the provisions of this section;

‘‘(2) is developed with the involvement of parents and other

members of the community to be served and individuals who

will carry out such plan, including teachers, principals, other

school leaders, paraprofessionals present in the school, adminis-

trators (including administrators of programs described in other

parts of this title), the local educational agency, to the extent

feasible, tribes and tribal organizations present in the commu-

nity, and, if appropriate, specialized instructional support per-

sonnel, technical assistance providers, school staff, if the plan

relates to a secondary school, students, and other individuals

determined by the school;

‘‘(3) remains in effect for the duration of the school’s partici-

pation under this part, except that the plan and its implementa-

tion shall be regularly monitored and revised as necessary

based on student needs to ensure that all students are provided

opportunities to meet the challenging State academic standards;

‘‘(4) is available to the local educational agency, parents,

and the public, and the information contained in such plan

shall be in an understandable and uniform format and, to

the extent practicable, provided in a language that the parents

can understand; and

‘‘(5) if appropriate and applicable, is developed in coordina-

tion and integration with other Federal, State, and local serv-

ices, resources, and programs, such as programs supported

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129 STAT. 1864 PUBLIC LAW 114–95—DEC. 10, 2015

under this Act, violence prevention programs, nutrition pro-

grams, housing programs, Head Start programs, adult edu-

cation programs, career and technical education programs, and

schools implementing comprehensive support and improvement

activities or targeted support and improvement activities under

section 1111(d);

‘‘(6) is based on a comprehensive needs assessment of the

entire school that takes into account information on the aca-

demic achievement of children in relation to the challenging

State academic standards, particularly the needs of those chil-

dren who are failing, or are at-risk of failing, to meet the

challenging State academic standards and any other factors

as determined by the local educational agency; and

‘‘(7) includes a description of—

‘‘(A) the strategies that the school will be implementing

to address school needs, including a description of how

such strategies will—

‘‘(i) provide opportunities for all children, including

each of the subgroups of students (as defined in section

1111(c)(2)) to meet the challenging State academic

standards;

‘‘(ii) use methods and instructional strategies that

strengthen the academic program in the school,

increase the amount and quality of learning time, and

help provide an enriched and accelerated curriculum,

which may include programs, activities, and courses

necessary to provide a well-rounded education; and

‘‘(iii) address the needs of all children in the school,

but particularly the needs of those at risk of not

meeting the challenging State academic standards,

through activities which may include—

‘‘(I) counseling, school-based mental health

programs, specialized instructional support serv-

ices, mentoring services, and other strategies to

improve students’ skills outside the academic sub-

ject areas;

‘‘(II) preparation for and awareness of

opportunities for postsecondary education and the

workforce, which may include career and technical

education programs and broadening secondary

school students’ access to coursework to earn post-

secondary credit while still in high school (such

as Advanced Placement, International Bacca-

laureate, dual or concurrent enrollment, or early

college high schools);

‘‘(III) implementation of a schoolwide tiered

model to prevent and address problem behavior,

and early intervening services, coordinated with

similar activities and services carried out under

the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.);

‘‘(IV) professional development and other

activities for teachers, paraprofessionals, and other

school personnel to improve instruction and use

of data from academic assessments, and to recruit

and retain effective teachers, particularly in high-

need subjects; and

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129 STAT. 1865 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(V) strategies for assisting preschool children

in the transition from early childhood education

programs to local elementary school programs; and

‘‘(B) if programs are consolidated, the specific State

educational agency and local educational agency programs

and other Federal programs that will be consolidated in

the schoolwide program.’’;

(3) by striking subsection (c) and inserting the following:

‘‘(c) P

RESCHOOL

ROGRAMS

.—A school that operates a

schoolwide program under this section may use funds available

under this part to establish or enhance preschool programs for

children who are under 6 years of age.

‘‘(d) D

ELIVERY OF

ERVICES

.—The services of a schoolwide pro-

gram under this section may be delivered by nonprofit or for-

profit external providers with expertise in using evidence-based

or other effective strategies to improve student achievement.

‘‘(e) U

SE OF

UNDS FOR

UAL OR

ONCURRENT

NROLLMENT

ROGRAMS

.—

‘‘(1) I

N GENERAL

.—A secondary school operating a

schoolwide program under this section may use funds received

under this part to operate dual or concurrent enrollment pro-

grams that address the needs of low-achieving secondary school

students and those at risk of not meeting the challenging

State academic standards.

‘‘(2) F

LEXIBILITY OF FUNDS

.—A secondary school using funds

received under this part for a dual or concurrent enrollment

program described in paragraph (1) may use such funds for

any of the costs associated with such program, including the

costs of—

‘‘(A) training for teachers, and joint professional

development for teachers in collaboration with career and

technical educators and educators from institutions of

higher education, where appropriate, for the purpose of

integrating rigorous academics in such program;

‘‘(B) tuition and fees, books, required instructional

materials for such program, and innovative delivery

methods; and

‘‘(C) transportation to and from such program.

‘‘(3) R

ULE OF CONSTRUCTION

.—Nothing in this subsection

shall be construed to impose on any State any requirement

or rule regarding dual or concurrent enrollment programs that

is inconsistent with State law.’’.

SEC. 1009. TARGETED ASSISTANCE SCHOOLS.

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

(1) by striking subsection (a) and inserting the following:

‘‘(a) I

ENERAL

.—In all schools selected to receive funds under

section 1113(c) that are ineligible for a schoolwide program under

section 1114, have not received a waiver under section 1114(a)(1)(B)

to operate such a schoolwide program, or choose not to operate

such a schoolwide program, a local educational agency serving

such school may use funds received under this part only for pro-

grams that provide services to eligible children under subsection

(2) by redesignating subsections (b) and (c) as subsections

sections so as to appear in alphabetical order;

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129 STAT. 1866 PUBLIC LAW 114–95—DEC. 10, 2015

(3) by striking subsection (b), as redesignated by paragraph

(2), and inserting the following:

‘‘(b) T

ARGETED

SSISTANCE

CHOOL

ROGRAM

.—To assist tar-

geted assistance schools and local educational agencies to meet

their responsibility to provide for all their students served under

this part the opportunity to meet the challenging State academic

standards, each targeted assistance program under this section

shall—

‘‘(1) determine which students will be served;

‘‘(2) serve participating students identified as eligible chil-

dren under subsection (c), including by—

‘‘(A) using resources under this part to help eligible

children meet the challenging State academic standards,

which may include programs, activities, and academic

courses necessary to provide a well-rounded education;

‘‘(B) using methods and instructional strategies to

strengthen the academic program of the school through

activities, which may include—

‘‘(i) expanded learning time, before- and after-

school programs, and summer programs and opportuni-

ties; and

‘‘(ii) a schoolwide tiered model to prevent and

address behavior problems, and early intervening serv-

ices, coordinated with similar activities and services

carried out under the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.);

‘‘(C) coordinating with and supporting the regular edu-

cation program, which may include services to assist pre-

school children in the transition from early childhood edu-

cation programs such as Head Start, the literacy program

under subpart 2 of part B of title II, or State-run preschool

programs to elementary school programs;

‘‘(D) providing professional development with resources

provided under this part, and, to the extent practicable,

from other sources, to teachers, principals, other school

leaders, paraprofessionals, and, if appropriate, specialized

instructional support personnel, and other school personnel

who work with eligible children in programs under this

section or in the regular education program;

‘‘(E) implementing strategies to increase the involve-

ment of parents of eligible children in accordance with

section 1116; and

‘‘(F) if appropriate and applicable, coordinating and

integrating Federal, State, and local services and programs,

such as programs supported under this Act, violence

prevention programs, nutrition programs, housing pro-

grams, Head Start programs, adult education programs,

career and technical education programs, and comprehen-

sive support and improvement activities or targeted support

and improvement activities under section 1111(d); and

‘‘(G) provide to the local educational agency assurances

that the school will—

‘‘(i) help provide an accelerated, high-quality cur-

riculum;

‘‘(ii) minimize the removal of children from the

regular classroom during regular school hours for

instruction provided under this part; and

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129 STAT. 1867 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) on an ongoing basis, review the progress of

eligible children and revise the targeted assistance pro-

gram under this section, if necessary, to provide addi-

tional assistance to enable such children to meet the

challenging State academic standards.’’;

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

(A) in paragraph (1)(B)—

(i) by striking ‘‘the State’s challenging student aca-

demic achievement standards’’ and inserting ‘‘the chal-

lenging State academic standards’’; and

(ii) by striking ‘‘such criteria as teacher judgment,

interviews with parents, and developmentally appro-

priate measures’’ and inserting ‘‘criteria, including

objective criteria, established by the local educational

agency and supplemented by the school’’; and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘limited

English proficient children’’ and inserting ‘‘English

learners’’;

(ii) in subparagraph (B)—

(I) by striking the heading and inserting ‘‘

HEAD

START AND PRESCHOOL CHILDREN

’’; and

(II) by striking ‘‘Head Start, Even Start, or

Early Reading First program,’’ and inserting ‘‘Head

Start program, the literacy program under subpart

2 of part B of title II,’’; and

(iii) in subparagraph (C), by striking the heading

and inserting ‘‘

MIGRANT CHILDREN

’’;

(5) in subsection (e)—

(A) in paragraph (2)(B)—

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

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

(iii) by inserting after clause (ii) the following new

clauses:

‘‘(iii) family support and engagement services;

‘‘(iv) integrated student supports; and’’; and

(iv) in clause (v), as redesignated by clause (iii),

by striking ‘‘pupil services’’ and inserting ‘‘specialized

instructional support’’; and

(B) by striking paragraph (3); and

(6) by adding at the end the following:

‘‘(f) U

SE OF

UNDS FOR

UAL OR

ONCURRENT

NROLLMENT

ROGRAMS

.—A secondary school operating a targeted assistance

program under this section may use funds received under this

part to provide dual or concurrent enrollment program services

described under section 1114(e) to eligible children under subsection

(c)(1)(B) who are identified as having the greatest need for special

assistance.

‘‘(g) P

ROHIBITION

.—Nothing in this section shall be construed

to authorize the Secretary or any other officer or employee of

the Federal Government to require a local educational agency or

school to submit the results of a comprehensive needs assessment

or plan under section 1114(b), or a program described in subsection

(b), for review or approval by the Secretary.

‘‘(h) D

ELIVERY OF

ERVICES

.—The services of a targeted assist-

ance program under this section may be delivered by nonprofit

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129 STAT. 1868 PUBLIC LAW 114–95—DEC. 10, 2015

or for-profit external providers with expertise in using evidence-

based or other effective strategies to improve student achievement.’’.

SEC. 1010. PARENT AND FAMILY ENGAGEMENT.

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

(1) in the section heading, by striking ‘‘

PARENTAL INVOLVE

MENT

’’ and inserting ‘‘

PARENT AND FAMILY ENGAGEMENT

’’;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) by inserting ‘‘conducts outreach to all parents

and family members and’’ after ‘‘only if such agency’’;

and

(ii) by inserting ‘‘and family members’’ after ‘‘and

procedures for the involvement of parents’’;

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A)—

(I) by inserting ‘‘and family members’’ after

‘‘, and distribute to, parents’’;

(II) by striking ‘‘written parent involvement

policy’’ and inserting ‘‘written parent and family

engagement policy’’; and

(III) by striking ‘‘expectations for parent

involvement’’ and inserting ‘‘expectations and

objectives for meaningful parent and family

involvement’’; and

(ii) by striking subparagraphs (A) through (F) and

inserting the following:

‘‘(A) involve parents and family members in jointly

developing the local educational agency plan under section

1112, and the development of support and improvement

plans under paragraphs (1) and (2) of section 1111(d).

‘‘(B) provide the coordination, technical assistance, and

other support necessary to assist and build the capacity

of all participating schools within the local educational

agency in planning and implementing effective parent and

family involvement activities to improve student academic

achievement and school performance, which may include

meaningful consultation with employers, business leaders,

and philanthropic organizations, or individuals with exper-

tise in effectively engaging parents and family members

in education;

‘‘(C) coordinate and integrate parent and family

engagement strategies under this part with parent and

family engagement strategies, to the extent feasible and

appropriate, with other relevant Federal, State, and local

laws and programs;

‘‘(D) conduct, with the meaningful involvement of par-

ents and family members, an annual evaluation of the

content and effectiveness of the parent and family engage-

ment policy in improving the academic quality of all schools

served under this part, including identifying—

‘‘(i) barriers to greater participation by parents

in activities authorized by this section (with particular

attention to parents who are economically disadvan-

taged, are disabled, have limited English proficiency,

have limited literacy, or are of any racial or ethnic

minority background);

20 USC 6318.

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129 STAT. 1869 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) the needs of parents and family members to

assist with the learning of their children, including

engaging with school personnel and teachers; and

‘‘(iii) strategies to support successful school and

family interactions;

‘‘(E) use the findings of such evaluation in subpara-

graph (D) to design evidence-based strategies for more

effective parental involvement, and to revise, if necessary,

the parent and family engagement policies described in

this section; and

‘‘(F) involve parents in the activities of the schools

served under this part, which may include establishing

a parent advisory board comprised of a sufficient number

and representative group of parents or family members

served by the local educational agency to adequately rep-

resent the needs of the population served by such agency

for the purposes of developing, revising, and reviewing

the parent and family engagement policy.’’; and

(i) by striking subparagraph (A) and inserting the

following:

‘‘(A) I

N GENERAL

.—Each local educational agency shall

reserve at least 1 percent of its allocation under subpart

2 to assist schools to carry out the activities described

in this section, except that this subparagraph shall not

apply if 1 percent of such agency’s allocation under subpart

2 for the fiscal year for which the determination is made

is $5,000 or less. Nothing in this subparagraph shall be

construed to limit local educational agencies from reserving

more than 1 percent of its allocation under subpart 2

to assist schools to carry out activities described in this

section.’’;

(ii) in subparagraph (B), by striking ‘‘(B) P

ARENTAL

INPUT

.—Parents of children’’ and inserting ‘‘(B) P

ARENT

AND FAMILY MEMBER INPUT

.—Parents and family mem-

bers of children’’;

(iii) in subparagraph (C)—

(I) by striking ‘‘95 percent’’ and inserting ‘‘90

percent’’; and

(II) by inserting ‘‘, with priority given to high-

need schools’’ after ‘‘schools served under this

part’’; and

(iv) by adding at the end the following:

‘‘(D) U

SE OF FUNDS

.—Funds reserved under subpara-

graph (A) by a local educational agency shall be used

to carry out activities and strategies consistent with the

local educational agency’s parent and family engagement

policy, including not less than 1 of the following:

‘‘(i) Supporting schools and nonprofit organizations

in providing professional development for local edu-

cational agency and school personnel regarding parent

and family engagement strategies, which may be pro-

vided jointly to teachers, principals, other school

leaders, specialized instructional support personnel,

paraprofessionals, early childhood educators, and par-

ents and family members.

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129 STAT. 1870 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) Supporting programs that reach parents and

family members at home, in the community, and at

school.

‘‘(iii) Disseminating information on best practices

focused on parent and family engagement, especially

best practices for increasing the engagement of

economically disadvantaged parents and family mem-

bers.

‘‘(iv) Collaborating, or providing subgrants to

schools to enable such schools to collaborate, with

community-based or other organizations or employers

with a record of success in improving and increasing

parent and family engagement.

‘‘(v) Engaging in any other activities and strategies

that the local educational agency determines are appro-

priate and consistent with such agency’s parent and

family engagement policy.’’;

(3) in subsection (b)—

(A) in the subsection heading, by striking ‘‘P

ARENTAL

NVOLVEMENT

OLICY

’’ and inserting ‘‘P

ARENT AND

AMILY

NGAGEMENT

OLICY

’’;

(B) in paragraph (1)—

(i) by inserting ‘‘and family members’’ after ‘‘dis-

tribute to, parents’’; and

(ii) by striking ‘‘written parental involvement

policy’’ and inserting ‘‘written parent and family

engagement policy’’;

(i) by striking ‘‘parental involvement policy’’ and

inserting ‘‘parent and family engagement policy’’; and

(ii) by inserting ‘‘and family members’’ after ‘‘that

applies to all parents’’; and

(D) in paragraph (3)—

(i) by striking ‘‘parental involvement policy’’ and

inserting ‘‘parent and family engagement policy’’; and

(ii) by inserting ‘‘and family members in all schools

served by the local educational agency’’ after ‘‘policy

that applies to all parents’’;

(4) in subsection (c)—

(A) in paragraph (3)—

(i) by striking ‘‘parental involvement policy’’ and

inserting ‘‘parent and family engagement policy’’; and

(ii) by striking ‘‘1114(b)(2)’’ and inserting ‘‘1114(b)’’;

(B) in paragraph (4)(B), by striking ‘‘the proficiency

levels students are expected to meet’’ and inserting ‘‘the

achievement levels of the challenging State academic stand-

ards’’; and

inserting ‘‘1114(b)’’;

(5) in subsection (d)—

(A) in the matter preceding paragraph (1), by striking

‘‘parental involvement policy’’ and inserting ‘‘parent and

family engagement policy’’;

(B) in paragraph (1)—

(i) by striking ‘‘the State’s student academic

achievement standards’’ and inserting ‘‘the challenging

State academic standards’’; and

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129 STAT. 1871 PUBLIC LAW 114–95—DEC. 10, 2015

(ii) by striking ‘‘, such as monitoring attendance,

homework completion, and television watching’’; and

(i) in subparagraph (B), by striking ‘‘and’’ after

the semicolon;

(ii) in subparagraph (C), by striking the period

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(D) ensuring regular two-way, meaningful communica-

tion between family members and school staff, and, to

the extent practicable, in a language that family members

can understand.’’;

(6) in subsection (e)—

(A) in paragraph (1), by striking ‘‘the State’s academic

content standards and State student academic achievement

standards’’ and inserting ‘‘the challenging State academic

standards’’;

(B) in paragraph (2), by striking ‘‘technology’’ and

inserting ‘‘technology (including education about the harms

of copyright piracy)’’;

sonnel, principals’’ and inserting ‘‘specialized instructional

support personnel, principals, and other school leaders’’;

and

(D) in paragraph (4), by striking ‘‘Head Start, Reading

First, Early Reading First, Even Start, the Home Instruc-

tion Programs for Preschool Youngsters, the Parents as

Teachers Program, and public preschool and other pro-

grams,’’ and inserting ‘‘other Federal, State, and local pro-

grams, including public preschool programs,’’;

(7) by striking subsection (f) and inserting the following:

‘‘(f) A

CCESSIBILITY

.—In carrying out the parent and family

engagement requirements of this part, local educational agencies

and schools, to the extent practicable, shall provide opportunities

for the informed participation of parents and family members

(including parents and family members who have limited English

proficiency, parents and family members with disabilities, and par-

ents and family members of migratory children), including providing

information and school reports required under section 1111 in a

format and, to the extent practicable, in a language such parents

understand.’’;

(8) by striking subsection (g) and inserting the following:

‘‘(g) F

AMILY

NGAGEMENT IN

DUCATION

ROGRAMS

.—In a State

operating a program under part E of title IV, each local educational

agency or school that receives assistance under this part shall

inform parents and organizations of the existence of the program.’’;

and

(9) in subsection (h), by striking ‘‘parental involvement

policies’’ and inserting ‘‘parent and family engagement policies’’.

SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

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

(1) in subsection (a)—

(A) by striking paragraph (1) and inserting the fol-

lowing:

20 USC 6320.

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129 STAT. 1872 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) I

N GENERAL

.—To the extent consistent with the number

of eligible children identified under section 1115(c) in the school

district served by a local educational agency who are enrolled

in private elementary schools and secondary schools, a local

educational agency shall—

‘‘(A) after timely and meaningful consultation with

appropriate private school officials, provide such children,

on an equitable basis and individually or in combination,

as requested by the officials to best meet the needs of

such children, special educational services, instructional

services (including evaluations to determine the progress

being made in meeting such students’ academic needs),

counseling, mentoring, one-on-one tutoring, or other bene-

fits under this part (such as dual or concurrent enrollment,

educational radio and television, computer equipment and

materials, other technology, and mobile educational serv-

ices and equipment) that address their needs; and

‘‘(B) ensure that teachers and families of the children

participate, on an equitable basis, in services and activities

developed pursuant to section 1116.’’;

(B) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) E

QUITY

.—

‘‘(A) I

N GENERAL

.—Educational services and other

benefits for such private school children shall be equitable

in comparison to services and other benefits for public

school children participating under this part, and shall

be provided in a timely manner.

‘‘(B) O

MBUDSMAN

.—To help ensure such equity for such

private school children, teachers, and other educational

personnel, the State educational agency involved shall des-

ignate an ombudsman to monitor and enforce the require-

ments of this part.’’;

lowing:

‘‘(4) E

XPENDITURES

.—

‘‘(A) D

ETERMINATION

.—

‘‘(i) I

N GENERAL

.—Expenditures for educational

services and other benefits to eligible private school

children shall be equal to the proportion of funds allo-

cated to participating school attendance areas based

on the number of children from low-income families

who attend private schools.

‘‘(ii) P

ROPORTIONAL SHARE

.—The proportional

share of funds shall be determined based on the total

amount of funds received by the local educational

agency under this part prior to any allowable expendi-

tures or transfers by the local educational agency.

‘‘(B) O

BLIGATION OF FUNDS

.—Funds allocated to a local

educational agency for educational services and other bene-

fits to eligible private school children shall be obligated

in the fiscal year for which the funds are received by

the agency.

‘‘(C) N

OTICE OF ALLOCATION

.—Each State educational

agency shall provide notice in a timely manner to the

appropriate private school officials in the State of the

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129 STAT. 1873 PUBLIC LAW 114–95—DEC. 10, 2015

allocation of funds for educational services and other bene-

fits under this part that the local educational agencies

have determined are available for eligible private school

children.

‘‘(D) T

ERM OF DETERMINATION

.—The local educational

agency may determine the equitable share under subpara-

graph (A) each year or every 2 years.’’; and

(D) in paragraph (5), by striking ‘‘agency’’ and inserting

‘‘agency, or, in a case described in subsection (b)(6)(C),

the State educational agency involved,’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘part,’’ and inserting ‘‘part. Such agency and

private school officials shall both have the goal of

reaching agreement on how to provide equitable and

effective programs for eligible private school children,

the results of which agreement shall be transmitted

to the ombudsman designated under subsection

(a)(3)(B). Such process shall include consultation’’;

(ii) in subparagraph (E)—

(I) by striking ‘‘and’’ before ‘‘the proportion

of funds’’;

(II) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(4)(A)’’

; and

(III) by inserting ‘‘, and how that proportion

of funds is determined’’ after ‘‘such services’’;

(iii) in subparagraph (G), by striking ‘‘and’’ after

the semicolon;

(iv) in subparagraph (H), by striking the period

at the end and inserting a semicolon; and

(v) by adding at the end the following:

‘‘(I) whether the agency shall provide services directly

or through a separate government agency, consortium,

entity, or third-party contractor;

‘‘(J) whether to provide equitable services to eligible

private school children—

‘‘(i) by creating a pool or pools of funds with all

of the funds allocated under subsection (a)(4)(A) based

on all the children from low-income families in a

participating school attendance area who attend pri-

vate schools; or

‘‘(ii) in the agency’s participating school attendance

area who attend private schools with the proportion

of funds allocated under subsection (a)(4)(A) based on

the number of children from low-income families who

attend private schools;

‘‘(K) when, including the approximate time of day, serv-

ices will be provided; and

‘‘(L) whether to consolidate and use funds provided

under subsection (a)(4) in coordination with eligible funds

available for services to private school children under

applicable programs, as defined in section 8501(b)(1)to pro-

vide services to eligible private school children participating

in programs.’’;

(B) by redesignating paragraphs (2) through (5) as

paragraphs (3) through (6), respectively;

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129 STAT. 1874 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) D

ISAGREEMENT

.—If a local educational agency dis-

agrees with the views of private school officials with respect

to an issue described in paragraph (1), the local educational

agency shall provide in writing to such private school officials

the reasons why the local educational agency disagrees.’’;

(D) in paragraph (5) (as redesignated by subparagraph

(B))—

(i) by inserting ‘‘meaningful’’ before ‘‘consultation’’

in the first sentence;

(ii) by inserting ‘‘The written affirmation shall pro-

vide the option for private school officials to indicate

such officials’ belief that timely and meaningful con-

sultation has not occurred or that the program design

is not equitable with respect to eligible private school

children.’’ after ‘‘occurred.’’; and

(iii) by striking ‘‘has taken place’’ and inserting

‘‘has, or attempts at such consultation have, taken

place’’; and

(E) in paragraph (6) (as redesignated by subparagraph

(B))—

(i) in subparagraph (A)—

(I) by striking ‘‘right to complain to’’ and

inserting ‘‘right to file a complaint with’’;

(II) by inserting ‘‘asserting’’ after ‘‘State edu-

cational agency’’;

(III) by striking ‘‘or’’ before ‘‘did not give due

consideration’’; and

(IV) by inserting ‘‘, or did not make a decision

that treats the private school students equitably

as required by this section’’ before the period at

the end;

(ii) in subparagraph (B), by striking ‘‘to complain,’’

and inserting ‘‘to file a complaint,’’; and

(iii) by adding at the end the following:

‘‘(C) S

TATE EDUCATIONAL AGENCIES

.—A State edu-

cational agency shall provide services under this section

directly or through contracts with public or private agen-

cies, organizations, or institutions, if the appropriate pri-

vate school officials have—

‘‘(i) requested that the State educational agency

provide such services directly; and

‘‘(ii) demonstrated that the local educational

agency involved has not met the requirements of this

section in accordance with the procedures for making

such a request, as prescribed by the State educational

agency.’’;

(3) in subsection (c)(2), by striking ‘‘section 9505’’ and

inserting ‘‘section 8503’’; and

(4) in subsection (e)(2), by striking ‘‘sections 9503 and 9504’’

and inserting ‘‘sections 8503 and 8504’’.

SEC. 1012. SUPPLEMENT, NOT SUPPLANT.

Section 1118, as redesignated by section 1000(4), is amended—

(1) in subsection (a), by striking ‘‘section 9521’’ and

inserting ‘‘section 8521’’; and

(2) by striking subsection (b) and inserting the following:

20 USC 6321.

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129 STAT. 1875 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) F

EDERAL

UNDS

UPPLEMENT

, N

UPPLANT

, N

EDERAL

UNDS

.—

‘‘(1) I

N GENERAL

.—A State educational agency or local edu-

cational agency shall use Federal funds received under this

part only to supplement the funds that would, in the absence

of such Federal funds, be made available from State and local

sources for the education of students participating in programs

assisted under this part, and not to supplant such funds.

‘‘(2) C

OMPLIANCE

.—To demonstrate compliance with para-

graph (1), a local educational agency shall demonstrate that

the methodology used to allocate State and local funds to each

school receiving assistance under this part ensures that such

school receives all of the State and local funds it would other-

wise receive if it were not receiving assistance under this part.

‘‘(3) S

PECIAL RULE

.—No local educational agency shall be

required to—

‘‘(A) identify that an individual cost or service sup-

ported under this part is supplemental; or

‘‘(B) provide services under this part through a par-

ticular instructional method or in a particular instructional

setting in order to demonstrate such agency’s compliance

with paragraph (1).

‘‘(4) P

ROHIBITION

.—Nothing in this section shall be con-

strued to authorize or permit the Secretary to prescribe the

specific methodology a local educational agency uses to allocate

State and local funds to each school receiving assistance under

this part.

‘‘(5) T

IMELINE

.—A local educational agency—

‘‘(A) shall meet the compliance requirement under

paragraph (2) not later than 2 years after the date of

enactment of the Every Student Succeeds Act; and

‘‘(B) may demonstrate compliance with the requirement

under paragraph (1) before the end of such 2-year period

using the method such local educational agency used on

the day before the date of enactment of the Every Student

Succeeds Act.’’.

SEC. 1013. COORDINATION REQUIREMENTS.

Section 1119, as redesignated by section 1000(5), is amended—

(1) in subsection (a)—

(A) by striking ‘‘such as the Early Reading First pro-

gram’’; and

(B) by adding at the end the following new sentence:

‘‘Each local educational agency shall develop agreements

with such Head Start agencies and other entities to carry

out such activities.’’; and

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘early childhood development programs, such as the Early

Reading First program,’’ and inserting ‘‘early childhood

education programs’’;

(B) in paragraph (1), by striking ‘‘early childhood

development program such as the Early Reading First pro-

gram’’ and inserting ‘‘early childhood education program’’;

development programs such as the Early Reading First

20 USC 6322.

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129 STAT. 1876 PUBLIC LAW 114–95—DEC. 10, 2015

program’’ and inserting ‘‘early childhood education pro-

grams’’;

(D) in paragraph (3), by striking ‘‘early childhood

development programs such as the Early Reading First

program’’ and inserting ‘‘early childhood education pro-

grams’’;

(E) in paragraph (4)—

(i) by striking ‘‘Early Reading First program staff,’’;

and

(ii) by striking ‘‘early childhood development pro-

gram’’ and inserting ‘‘early childhood education pro-

gram’’; and

(F) in paragraph (5), by striking ‘‘and entities carrying

out Early Reading First programs’’.

SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY

OF THE INTERIOR.

Section 1121 (20 U.S.C. 6331) is amended to read as follows:

‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY

OF THE INTERIOR.

‘‘(a) R

ESERVATION OF

UNDS

.—Subject to subsection (e), from

the amount appropriated for payments to States for any fiscal

year under section 1002(a), the Secretary shall—

‘‘(1) reserve 0.4 percent to provide assistance to the outlying

areas in accordance with subsection (b); and

‘‘(2) reserve 0.7 percent to provide assistance to the Sec-

retary of the Interior in accordance with subsection (d).

‘‘(b) A

SSISTANCE TO

UTLYING

REAS

.—

‘‘(1) F

UNDS RESERVED

.—From the amount made available

for any fiscal year under subsection (a)(1), the Secretary shall—

‘‘(A) first reserve $1,000,000 for the Republic of Palau,

until Palau enters into an agreement for extension of

United States educational assistance under the Compact

of Free Association, and subject to such terms and condi-

tions as the Secretary may establish, except that Public

Law 95–134, permitting the consolidation of grants, shall

not apply; and

‘‘(B) use the remaining funds to award grants to the

outlying areas in accordance with paragraphs (2) through

(5).

‘‘(2) A

MOUNT OF GRANTS

.—The Secretary shall allocate the

amount available under paragraph (1)(B) to the outlying areas

in proportion to their relative numbers of children, aged 5

to 17, inclusive, from families below the poverty level, on the

basis of the most recent satisfactory data available from the

Department of Commerce.

‘‘(3) H

OLD

HARMLESS AMOUNTS

.—For each fiscal year, the

amount made available to each outlying area under this sub-

section shall be—

‘‘(A) not less than 95 percent of the amount made

available for the preceding fiscal year if the number of

children counted under paragraph (2) is not less than 30

percent of the total number of children aged 5 to 17 years,

inclusive, in the outlying area;

‘‘(B) not less than 90 percent of the amount made

available for the preceding fiscal year if the percentage

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129 STAT. 1877 PUBLIC LAW 114–95—DEC. 10, 2015

described in subparagraph (A) is between 15 percent and

30 percent; and

‘‘(C) not less than 85 percent of the amount made

available for the preceding fiscal year if the percentage

described in subparagraph (A) is below 15 percent.

‘‘(4) R

ATABLE REDUCTIONS

.—If the amount made available

under paragraph (1)(B) for any fiscal year is insufficient to

pay the full amounts that the outlying areas are eligible to

receive under paragraphs (2) and (3) for that fiscal year, the

Secretary shall ratably reduce those amounts.

‘‘(5) U

SES

.—Grant funds awarded under paragraph (1)(A)

may be used only—

‘‘(A) for programs described in this Act, including

teacher training, curriculum development, instructional

materials, or general school improvement and reform; and

‘‘(B) to provide direct educational services that assist

all students with meeting the challenging State academic

standards.

‘‘(c) D

EFINITIONS

.—For the purpose of this section, the term

‘outlying area’ means the United States Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern Mariana

Islands.

‘‘(d) A

LLOTMENT TO THE

ECRETARY OF THE

NTERIOR

.—

‘‘(1) I

N GENERAL

.—The amount allotted for payments to

the Secretary of the Interior under subsection (a)(2) for any

fiscal year shall be used, in accordance with such criteria as

the Secretary may establish, to meet the unique educational

needs of—

‘‘(A) Indian children on reservations served by

elementary schools and secondary schools for Indian chil-

dren operated or supported by the Department of the

Interior; and

‘‘(B) out-of-State Indian children in elementary schools

and secondary schools in local educational agencies under

special contracts with the Department of the Interior.

‘‘(2) P

AYMENTS

.—From the amount allotted for payments

to the Secretary of the Interior under subsection (a)(2), the

Secretary of the Interior shall make payments to local edu-

cational agencies, on such terms as the Secretary determines

will best carry out the purposes of this part, with respect

to out-of-State Indian children described in paragraph (1). The

amount of such payment may not exceed, for each such child,

the greater of—

‘‘(A) 40 percent of the average per-pupil expenditure

in the State in which the agency is located; or

‘‘(B) 48 percent of such expenditure in the United

States.

‘‘(e) L

IMITATION ON

PPLICABILITY

.—If, by reason of the applica-

tion of subsection (a) for any fiscal year, the total amount available

for allocation to all States under this part would be less than

the amount allocated to all States for fiscal year 2016 under this

part, the Secretary shall provide assistance to the outlying areas

and the Secretary of the Interior in accordance with this section,

as in effect on the day before the date of enactment of the Every

Student Succeeds Act.’’.

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129 STAT. 1878 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 1015. ALLOCATIONS TO STATES.

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

(1) in the matter preceding paragraph (1), by striking

‘‘2002–2007’’ and inserting ‘‘2017–2020’’; and

(2) by striking paragraph (3) and inserting the following:

‘‘(3) an amount equal to 100 percent of the amount, if

any, by which the total amount made available under this

subsection for the current fiscal year for which the determina-

tion is made exceeds the total amount available to carry out

sections 1124 and 1124A for fiscal year 2001 shall be used

to carry out sections 1125 and 1125A and such amount shall

be divided equally between sections 1125 and 1125A.’’.

SEC. 1016. ADEQUACY OF FUNDING RULE.

Section 1125AA (20 U.S.C. 6336) is amended by striking the

section heading and all that follows through ‘‘Pursuant’’ and

inserting the following: ‘‘A

DEQUACY OF

UNDING TO

OCAL

CATIONAL

GENCIES IN

ISCAL

EARS

FTER

ISCAL

EAR

2001.—

Pursuant’’.

SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

Section 1125A (20 U.S.C. 6337) is amended—

(1) in subsection (a), by striking ‘‘funds appropriated under

subsection (f)’’ and inserting ‘‘funds made available under sec-

tion 1122(a)’’;

(2) in subsection (b)(1)—

(A) in subparagraph (A), by striking ‘‘appropriated

pursuant to subsection (f)’’ and inserting ‘‘made available

for any fiscal year to carry out this section’’; and

(B) in subparagraph (B)(i), by striking ‘‘total appropria-

tions’’ and inserting ‘‘the total amount reserved under sec-

tion 1122(a) to carry out this section’’;

(3) in subsection (c), by redesignating subparagraphs (A)

and (B) as paragraphs (1) and (2), respectively;

(4) in subsection (d)(1)(A)(ii), by striking ‘‘clause ‘‘(i)’’ and

inserting ‘‘clause (i)’’;

(5) by striking subsection (e) and inserting the following:

‘‘(e) M

AINTENANCE OF

FFORT

.—

‘‘(1) I

N GENERAL

.—A State is entitled to receive its full

allotment of funds under this section for any fiscal year if

the Secretary finds that the State’s fiscal effort per student

or the aggregate expenditures of the State with respect to

the provision of free public education by the State for the

preceding fiscal year was not less than 90 percent of the fiscal

effort or aggregate expenditures for the second preceding fiscal

year, subject to the requirements of paragraph (2).

‘‘(2) R

EDUCTION IN CASE OF FAILURE TO MEET

.—

‘‘(A) I

N GENERAL

.—The Secretary shall reduce the

amount of the allotment of funds under this section for

any fiscal year in the exact proportion by which a State

fails to meet the requirement of paragraph (1) by falling

below 90 percent of both the fiscal effort per student and

aggregate expenditures (using the measure most favorable

to the State), if such State has also failed to meet such

requirement (as determined using the measure most favor-

able to the State) for 1 or more of the 5 immediately

preceding fiscal years.

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129 STAT. 1879 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) S

PECIAL RULE

.—No such lesser amount shall be

used for computing the effort required under paragraph

(1) for subsequent years.

‘‘(3) W

AIVER

.—The Secretary may waive the requirements

of this subsection if the Secretary determines that a waiver

would be equitable due to—

‘‘(A) exceptional or uncontrollable circumstances, such

as a natural disaster or a change in the organizational

structure of the State; or

‘‘(B) a precipitous decline in the financial resources

of the State.’’;

(6) by striking subsection (f);

(7) by redesignating subsection (g) as subsection (f); and

(8) in subsection (f), as redesignated by paragraph (7)—

(A) in paragraph (1), by striking ‘‘under this section’’

and inserting ‘‘to carry out this section’’; and

(B) in paragraph (3), in the matter preceding subpara-

graph (A), by striking ‘‘shall be’’ and inserting ‘‘shall be—

’’.

PART B—STATE ASSESSMENT GRANTS

SEC. 1201. STATE ASSESSMENT GRANTS.

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

as follows:

‘‘PART B—STATE ASSESSMENT GRANTS

‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVI-

TIES.

‘‘(a) G

RANTS

UTHORIZED

.—From amounts made available in

accordance with section 1203, the Secretary shall make grants

to State educational agencies to enable the States to carry out

1 or more of the following:

‘‘(1) To pay the costs of the development of the State

assessments and standards adopted under section 1111(b),

which may include the costs of working in voluntary partner-

ships with other States, at the sole discretion of each such

State.

‘‘(2) If a State has developed the assessments adopted

under section 1111(b), to administer those assessments or to

carry out other assessment activities described in this part,

such as the following:

‘‘(A) Ensuring the provision of appropriate accommoda-

tions available to English learners and children with

disabilities to improve the rates of inclusion in regular

assessments of such children, including professional

development activities to improve the implementation of

such accommodations in instructional practice.

‘‘(B) Developing challenging State academic standards

and aligned assessments in academic subjects for which

standards and assessments are not required under section

1111(b).

20 USC 6361.

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129 STAT. 1880 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) Developing or improving assessments for English

learners, including assessments of English language pro-

ficiency as required under section 1111(b)(2)(G) and aca-

demic assessments in languages other than English to meet

the State’s obligations under section 1111(b)(2)(F).

‘‘(D) Ensuring the continued validity and reliability

of State assessments.

‘‘(E) Refining State assessments to ensure their contin-

ued alignment with the challenging State academic stand-

ards and to improve the alignment of curricula and instruc-

tional materials.

‘‘(F) Developing or improving balanced assessment sys-

tems that include summative, interim, and formative

assessments, including supporting local educational agen-

cies in developing or improving such assessments.

‘‘(G) At the discretion of the State, refining science

assessments required under section 1111(b)(2) in order to

integrate engineering design skills and practices into such

assessments.

‘‘(H) Developing or improving models to measure and

assess student progress or student growth on State assess-

ments under section 1111(b)(2) and other assessments not

required under section 1111(b)(2).

‘‘(I) Developing or improving assessments for children

with disabilities, including alternate assessments aligned

to alternate academic achievement standards for students

with the most significant cognitive disabilities described

in section 1111(b)(2)(D), and using the principles of uni-

versal design for learning.

‘‘(J) Allowing for collaboration with institutions of

higher education, other research institutions, or other

organizations to improve the quality, validity, and reli-

ability of State academic assessments beyond the require-

ments for such assessments described in section 1111(b)(2).

‘‘(K) Measuring student academic achievement using

multiple measures of student academic achievement from

multiple sources.

‘‘(L) Evaluating student academic achievement through

the development of comprehensive academic assessment

instruments (such as performance and technology-based

academic assessments, computer adaptive assessments,

projects, or extended performance task assessments) that

emphasize the mastery of standards and aligned com-

petencies in a competency-based education model.

‘‘(M) Designing the report cards and reports under

section 1111(h) in an easily accessible, user friendly-

manner that cross-tabulates student information by any

category the State determines appropriate, as long as such

cross-tabulation—

‘‘(i) does not reveal personally identifiable informa-

tion about an individual student; and

‘‘(ii) is derived from existing State and local

reporting requirements.

‘‘(b) R

ULE OF

ONSTRUCTION

.—Nothing in subsection (a)(2)(M)

shall be construed as authorizing, requiring, or allowing any addi-

tional reporting requirements, data elements, or information to

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129 STAT. 1881 PUBLIC LAW 114–95—DEC. 10, 2015

be reported to the Secretary unless such reporting, data, or informa-

tion is explicitly authorized under this Act.

‘‘(c) A

NNUAL

EPORT

.—Each State educational agency receiving

a grant under this section shall submit an annual report to the

Secretary describing the State’s activities under the grant and

the result of such activities.

‘‘SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.

‘‘(a) I

ENERAL

.—From the amount reserved under section

1203(a)(3) for a fiscal year, the Secretary shall make grants to

States to enable the States to—

‘‘(1) in the case of a grant awarded under this section

to a State for the first time—

‘‘(A) audit State assessment systems and ensure that

local educational agencies audit local assessments under

subsection (e)(1);

‘‘(B) execute the State plan under subsection (e)(3)(D);

and

‘‘(C) award subgrants under subsection (f); and

‘‘(2) in the case of a grant awarded under this section

to a State that has previously received a grant under this

section—

‘‘(A) execute the State plan under subsection (e)(3)(D);

and

‘‘(B) award subgrants under subsection (f).

‘‘(b) M

INIMUM

MOUNT

.—Each State that receives a grant under

this section shall receive an annual grant amount of not less than

$1,500,000.

‘‘(c) R

EALLOCATION

.—If a State chooses not to apply for a grant

under this section, the Secretary shall reallocate such grant amount

to other States in accordance with the formula described in section

1203(a)(4)(B).

‘‘(d) A

PPLICATION

.—A State desiring to receive a grant under

this section shall submit an application to the Secretary at such

time and in such manner as the Secretary shall require. The

application shall include a description of—

‘‘(1) in the case of a State that is receiving a grant under

this section for the first time—

‘‘(A) the audit the State will carry out under subsection

(e)(1); and

‘‘(B) the stakeholder feedback the State will seek in

designing such audit;

‘‘(2) in the case of a State that is not receiving a grant

under this section for the first time, the plan described in

subsection (e)(3)(D); and

‘‘(3) how the State will award subgrants to local educational

agencies under subsection (f).

‘‘(e) A

UDITS OF

TATE

SSESSMENT

YSTEMS AND

OCAL

SSESS

MENTS

.—

‘‘(1) A

UDIT REQUIREMENTS

.—Not later than 1 year after

the date a State receives an initial grant under this section,

the State shall—

‘‘(A) conduct a State assessment system audit as

described in paragraph (3);

‘‘(B) ensure that each local educational agency receiving

funds under this section—

20 USC 6362.

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129 STAT. 1882 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) conducts an audit of local assessments adminis-

tered by the local educational agency as described in

paragraph (4); and

‘‘(ii) submits the results of such audit to the State;

and

‘‘(C) report the results of each State and local edu-

cational agency audit conducted under subparagraphs (A)

and (B), in a format that is widely accessible and publicly

available.

‘‘(2) R

ESOURCES FOR LOCAL EDUCATIONAL AGENCIES

.—In

carrying out paragraph (1)(B), each State shall provide local

educational agencies with resources, such as guidelines and

protocols, to assist in conducting and reporting audit results.

‘‘(3) S

TATE ASSESSMENT SYSTEM DESCRIPTION

.—Each State

assessment system audit conducted under paragraph (1)(A)

shall include—

‘‘(A) the schedule for the administration of all State

assessments;

‘‘(B) for each State assessment—

‘‘(i) the purpose for which the assessment was

designed and the purpose for which the assessment

is used; and

‘‘(ii) the legal authority for the administration of

the assessment;

‘‘(C) feedback on such system from stakeholders, which

shall include information such as—

‘‘(i) how teachers, principals, other school leaders,

and administrators use assessment data to improve

and differentiate instruction;

‘‘(ii) the timing of release of assessment data;

‘‘(iii) the extent to which assessment data is pre-

sented in an accessible and understandable format for

all stakeholders;

‘‘(iv) the opportunities, resources, and training

teachers, principals, other school leaders, and adminis-

trators are given to review assessment results and

make effective use of assessment data;

‘‘(v) the distribution of technological resources and

personnel necessary to administer assessments;

‘‘(vi) the amount of time teachers spend on assess-

ment preparation and administration;

‘‘(vii) the assessments that administrators,

teachers, principals, other school leaders, parents, and

students, if appropriate, do and do not find useful;

and

‘‘(viii) other information as appropriate; and

‘‘(D) a plan, based on the information gathered as

a result of the activities described in subparagraphs (A),

(B), and (C), to improve and streamline the State assess-

ment system, including activities such as—

‘‘(i) eliminating any unnecessary assessments,

which may include paying the cost associated with

terminating procurement contracts;

‘‘(ii) supporting the dissemination of best practices

from local educational agencies or other States that

have successfully improved assessment quality and

efficiency to improve teaching and learning; and

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129 STAT. 1883 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) supporting local educational agencies or con-

sortia of local educational agencies to carry out efforts

to streamline local assessment systems and implement

a regular process of review and evaluation of assess-

ment use in local educational agencies.

‘‘(4) L

OCAL ASSESSMENT DESCRIPTION

.—An audit of local

assessments conducted in accordance with paragraph (1)(B)(i)

shall include the same information described in paragraph (3)

that is required of a State audit, except that such information

shall be included as applicable to the local educational agency

and the local assessments.

‘‘(f) S

UBGRANTS TO

OCAL

DUCATIONAL

GENCIES

.—

‘‘(1) I

N GENERAL

.—Each State shall reserve not less than

20 percent of the grant funds awarded to the State under

this section to make subgrants to local educational agencies

in the State or consortia of such local educational agencies,

based on demonstrated need in the agency’s or consortium’s

application, to enable such agencies or consortia to improve

assessment quality and use, and alignment, including, if

applicable, alignment to the challenging State academic stand-

ards.

‘‘(2) L

OCAL EDUCATIONAL AGENCY APPLICATION

.—Each local

educational agency, or consortium of local educational agencies,

seeking a subgrant under this subsection shall submit an

application to the State at such time, in such manner, and

containing such other information as determined necessary by

the State. The application shall include a description of the

agency’s or consortium’s needs relating to the improvement

of assessment quality, use, and alignment.

‘‘(3) U

SE OF FUNDS

.—A subgrant awarded under this sub-

section to a local educational agency or consortium of such

agencies may be used to—

‘‘(A) conduct an audit of local assessments under sub-

section (e)(1)(B)(i);

‘‘(B) carry out the plan described in subsection (e)(3)(D)

as it pertains to such agency or consortium;

‘‘(C) improve assessment delivery systems and sched-

ules, including by increasing access to technology and

assessment proctors, where appropriate;

‘‘(D) hire instructional coaches, or promote teachers

who may receive increased compensation to serve as

instructional coaches, to support teachers in the develop-

ment of classroom-based assessments, interpreting assess-

ment data, and designing instruction;

‘‘(E) provide for appropriate accommodations to maxi-

mize inclusion of children with disabilities and English

learners participating in assessments; and

‘‘(F) improve the capacity of teachers, principals, and

other school leaders to disseminate assessment data in

an accessible and understandable format for parents and

families, including for children with disabilities and English

learners.

‘‘(g) D

EFINITIONS

.—In this section:

‘‘(1) L

OCAL ASSESSMENT

.—The term ‘local assessment’

means an academic assessment selected and carried out by

a local educational agency that is separate from an assessment

required under section 1111(b)(2).

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129 STAT. 1884 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) S

TATE

.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS.

‘‘(a) A

MOUNTS

QUAL TO OR

ESS

HAN

RIGGER

MOUNT

.—

From amounts made available for each fiscal year under subsection

1002(b) that are equal to or less than the amount described in

section 1111(b)(2)(I), the Secretary shall—

‘‘(1) reserve one-half of 1 percent for the Bureau of Indian

Education;

‘‘(2) reserve one-half of 1 percent for the outlying areas;

‘‘(3) reserve not more than 20 percent to carry out section

1202; and

‘‘(4) from the remainder, carry out section 1201 by allo-

cating to each State an amount equal to—

‘‘(A) $3,000,000, except for a fiscal year for which the

amounts available are insufficient to allocate such amount

to each State, the Secretary shall ratably reduce such

amount for each State; and

‘‘(B) with respect to any amounts remaining after the

allocation under subparagraph (A), an amount that bears

the same relationship to such total remaining amounts

as the number of students aged 5 through 17 in the State

(as determined by the Secretary on the basis of the most

recent satisfactory data) bears to the total number of such

students in all States.

‘‘(b) A

MOUNTS

BOVE

RIGGER

MOUNT

.—For any fiscal year

for which the amount made available for a fiscal year under sub-

section 1002(b) exceeds the amount described in section

1111(b)(2)(I), the Secretary shall make such excess amount available

as follows:

‘‘(1) C

OMPETITIVE GRANTS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall first use such

funds to award grants, on a competitive basis, to State

educational agencies or consortia of State educational agen-

cies that have submitted applications described in subpara-

graph (B) to enable such States to carry out the activities

described in subparagraphs (C), (H), (I), (J), (K), and (L)

of section 1201(a)(2).

‘‘(B) A

PPLICATIONS

.—A State, or a consortium of States,

that desires a competitive grant under subparagraph (A)

shall submit an application to the Secretary at such time

and in such manner as the Secretary may reasonably

require. The application shall demonstrate that the require-

ments of this section will be met for the uses of funds

described under subparagraph (A).

‘‘(C) A

MOUNT OF COMPETITIVE GRANTS

.—In determining

the amount of a grant under subparagraph (A), the Sec-

retary shall ensure that a State or consortium’s grant,

as the case may be, shall include an amount that bears

the same relationship to the total funds available to carry

out this subsection for the fiscal year as the number of

students aged 5 through 17 in the State, or, in the case

of a consortium, in each State that comprises the consor-

tium, (as determined by the Secretary on the basis of

20 USC 6363.

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129 STAT. 1885 PUBLIC LAW 114–95—DEC. 10, 2015

the most recent satisfactory data) bears to the total number

of such students in all States.

‘‘(2) A

LLOTMENTS

.—Any amounts remaining after the Sec-

retary awards funds under paragraph (1) shall be allotted to

each State, or consortium of States, that did not receive a

grant under such paragraph, in an amount that bears the

same relationship to the remaining amounts as the number

of students aged 5 through 17 in the State, or, in the case

of a consortium, in the States of the consortium, (as determined

by the Secretary on the basis of the most recent satisfactory

data) bears to the total number of such students in all States.

‘‘(c) S

TATE

EFINED

.—In this part, the term ‘State’ means each

of the 50 States, the District of Columbia, and the Commonwealth

of Puerto Rico.

‘‘(d) P

ROHIBITION

.—In making funds available to States under

this part, the Secretary shall comply with the prohibitions described

in section 8529.

‘‘SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEM-

ONSTRATION AUTHORITY.

‘‘(a) I

NNOVATIVE

SSESSMENT

YSTEM

EFINED

.—The term

‘innovative assessment system’ means a system of assessments

that may include—

‘‘(1) competency-based assessments, instructionally

embedded assessments, interim assessments, cumulative year-

end assessments, or performance-based assessments that com-

bine into an annual summative determination for a student,

which may be administered through computer adaptive assess-

ments; and

‘‘(2) assessments that validate when students are ready

to demonstrate mastery or proficiency and allow for differen-

tiated student support based on individual learning needs.

‘‘(b) D

EMONSTRATION

UTHORITY

.—

‘‘(1) I

N GENERAL

.—The Secretary may provide a State edu-

cational agency, or a consortium of State educational agencies,

in accordance with paragraph (3), with the authority to estab-

lish an innovative assessment system (referred to in this section

as ‘demonstration authority’).

‘‘(2) D

EMONSTRATION PERIOD

.—In accordance with the

requirements described in subsection (e), each State educational

agency, or consortium of State educational agencies, that sub-

mits an application under this section shall propose in its

application the period of time over which the State educational

agency or consortium desires to exercise the demonstration

authority, except that such period shall not exceed 5 years.

‘‘(3) I

NITIAL DEMONSTRATION AUTHORITY AND EXPANSION

.—

During the first 3 years that the Secretary provides State

educational agencies and consortia with demonstration

authority (referred to in this section as the ‘initial demonstra-

tion period’) the Secretary shall provide such demonstration

authority to—

‘‘(A) a total number of not more than 7 participating

State educational agencies, including those participating

in consortia, that have applications approved under sub-

section (e); and

‘‘(B) consortia that include not more than 4 State edu-

cational agencies.

20 USC 6364.

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129 STAT. 1886 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(c) P

ROGRESS

EPORT

.—

‘‘(1) I

N GENERAL

.—Not later than 180 days after the end

of the initial demonstration period, and prior to providing addi-

tional State educational agencies with demonstration authority,

the Director of the Institute of Education Sciences, in consulta-

tion with the Secretary, shall publish a report detailing the

initial progress of innovative assessment systems carried out

through demonstration authority under this section.

‘‘(2) C

RITERIA

.—The progress report under paragraph (1)

shall be based on the annual information submitted by partici-

pating States described in subsection (e)(2)(B)(ix) and examine

the extent to which—

‘‘(A) with respect to each innovative assessment

system—

‘‘(i) the State educational agency has solicited feed-

back from teachers, principals, other school leaders,

and parents about their satisfaction with the innova-

tive assessment system;

‘‘(ii) teachers, principals, and other school leaders

have demonstrated a commitment and capacity to

implement or continue to implement the innovative

assessment system; and

‘‘(iii) substantial evidence exists demonstrating

that the innovative assessment system has been devel-

oped in accordance with the requirements of subsection

(e); and

‘‘(B) each State with demonstration authority has dem-

onstrated that—

‘‘(i) the same innovative assessment system was

used to measure the achievement of all students that

participated in the innovative assessment system; and

‘‘(ii) of the total number of all students, and the

total number of each of the subgroups of students

defined in section 1111(c)(2), eligible to participate in

the innovative assessment system in a given year,

the State assessed in that year an equal or greater

percentage of such eligible students, as measured

under section 1111(c)(4)(E), as were assessed in the

State in such year using the assessment system under

section 1111(b)(2).

‘‘(3) U

SE OF REPORT

.—Upon completion of the progress

report, the Secretary shall provide a response to the findings

of the progress report, including a description of how the

findings of the report will be used—

‘‘(A) to support State educational agencies with dem-

onstration authority through technical assistance; and

‘‘(B) to inform the peer-review process described in

subsection (f) for advising the Secretary on the awarding

of the demonstration authority to the additional State edu-

cational agencies described in subsection (d).

‘‘(4) P

UBLICLY AVAILABLE

.—The Secretary shall make the

progress report under this subsection and the response

described in paragraph (3) publicly available on the website

of the Department.

‘‘(5) P

ROHIBITION

.—The Secretary shall not require States

that have demonstration authority to submit any information

for the purposes of the progress report that is in addition

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129 STAT. 1887 PUBLIC LAW 114–95—DEC. 10, 2015

to the information the State is already required to provide

under subsection (e)(2)(B)(x).

‘‘(d) E

XPANSION OF THE

EMONSTRATION

UTHORITY

.—Upon

completion and publication of the report described in subsection

(c), the Secretary may grant demonstration authority to additional

State educational agencies or consortia that submit an application

under subsection (e). Such State educational agencies or consortia

of State educational agencies shall be subject to all of the same

terms, conditions, and requirements of this section.

‘‘(e) A

PPLICATION

.—

‘‘(1) I

N GENERAL

.—A State educational agency, or consor-

tium of State educational agencies, that desires to participate

in the program of demonstration authority under this section

shall submit an application to the Secretary at such time and

in such manner as the Secretary may reasonably require.

‘‘(2) C

ONTENTS

.—Such application shall include a descrip-

tion of the innovative assessment system, the experience the

applicant has in implementing any components of the innova-

tive assessment system, and the timeline over which the State

or consortium proposes to exercise the demonstration authority.

In addition, the application shall include each of the following:

‘‘(A) A demonstration that the innovative assessment

system will—

‘‘(i) meet all the requirements of section

1111(b)(2)(B), except the requirements of clauses (i)

and (v) of such section;

‘‘(ii) be aligned to the challenging State academic

standards and address the depth and breadth of such

standards;

‘‘(iii) express student results or student com-

petencies in terms consistent with the State’s aligned

academic achievement standards under section

1111(b)(1);

‘‘(iv) generate results that are valid and reliable,

and comparable, for all students and for each subgroup

of students described in section 1111(b)(2)(B)(xi), as

compared to the results for such students on the State

assessments under section 1111(b)(2);

‘‘(v) be developed in collaboration with—

‘‘(I) stakeholders representing the interests of

children with disabilities, English learners, and

other vulnerable children;

‘‘(II) teachers, principals, and other school

leaders;

‘‘(III) local educational agencies;

‘‘(IV) parents; and

‘‘(V) civil rights organizations in the State;

‘‘(vi) be accessible to all students, such as by incor-

porating the principles of universal design for learning;

‘‘(vii) provide teachers, principals, other school

leaders, students, and parents with timely data,

disaggregated by each subgroup of students described

in section 1111(b)(2)(B)(xi), to inform and improve

instructional practice and student supports;

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129 STAT. 1888 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(viii) identify which students are not making

progress toward the challenging State academic stand-

ards so that teachers can provide instructional support

and targeted interventions to all students;

‘‘(ix) annually measure the progress of not less

than the same percentage of all students and students

in each of the subgroups of students, as defined in

section 1111(c)(2), who are enrolled in schools that

are participating in the innovative assessment system

and are required to take such assessments, as meas-

ured under section 1111(c)(4)(E), as were assessed by

schools administering the assessment under section

1111(b)(2);

‘‘(x) generate an annual, summative achievement

determination, based on the aligned State academic

achievement standards under section 1111(b)(1) and

based on annual data, for each individual student;

and

‘‘(xi) allow the State educational agency to validly

and reliably aggregate data from the innovative assess-

ment system for purposes of—

‘‘(I) accountability, consistent with the require-

ments of section 1111(c); and

‘‘(II) reporting, consistent with the require-

ments of section 1111(h).

‘‘(B) A description of how the State educational agency

will—

‘‘(i) continue use of the statewide academic assess-

ments required under section 1111(b)(2) if such assess-

ments will be used for accountability purposes for the

duration of the demonstration authority period;

‘‘(ii) identify the distinct purposes for each assess-

ment that is part of the innovative assessment system;

‘‘(iii) provide support and training to local edu-

cational agency and school staff to implement the

innovative assessment system described in this sub-

section;

‘‘(iv) inform parents of students in participating

local educational agencies about the innovative assess-

ment system at the beginning of each school year

during which the innovative assessment system will

be implemented;

‘‘(v) engage and support teachers in developing

and scoring assessments that are part of the innovative

assessment system, including through the use of high-

quality professional development, standardized and

calibrated scoring rubrics, and other strategies, con-

sistent with relevant nationally recognized professional

and technical standards, to ensure inter-rater reli-

ability and comparability;

‘‘(vi) acclimate students to the innovative assess-

ment system;

‘‘(vii) ensure that students with the most signifi-

cant cognitive disabilities may be assessed with alter-

nate assessments consistent with section 1111(b)(2)(D);

‘‘(viii) if the State is proposing to administer the

innovative assessment system initially in a subset of

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129 STAT. 1889 PUBLIC LAW 114–95—DEC. 10, 2015

local educational agencies, scale up the innovative

assessment system to administer such system state-

wide, or with additional local educational agencies,

in the State’s proposed demonstration authority period;

‘‘(ix) gather data, solicit regular feedback from

teachers, principals, other school leaders, and parents,

and assess the results of each year of the program

of demonstration authority under this section, and

respond by making needed changes to the innovative

assessment system; and

‘‘(x) report data from the innovative assessment

system annually to the Secretary, including—

‘‘(I) demographics of participating local edu-

cational agencies, if such system is not statewide,

and additional local educational agencies if added

to the system during the course of the State’s

demonstration authority period or 2-year exten-

sion, except that such data shall not reveal any

personally identifiable information, including a

description of how the inclusion of additional local

educational agencies contributes to progress

toward achieving high-quality and consistent

implementation across demographically diverse

local educational agencies throughout the dem-

onstration authority period;

‘‘(II) the performance of all participating stu-

dents, and for each subgroup of students defined

in section 1111(c)(2), on the innovative assessment,

consistent with the requirements in section

1111(h), except that such data shall not reveal

any personally identifiable information;

‘‘(III) feedback from teachers, principals, other

school leaders, and parents about their satisfaction

with the innovative assessment system; and

‘‘(IV) if such system is not statewide, a descrip-

tion of the State’s progress in scaling up the

innovative assessment system to additional local

educational agencies during the State’s demonstra-

tion authority period, as described in clause (viii).

‘‘(C) A description of the State educational agency’s

plan to—

‘‘(i) ensure that all students and each of the sub-

groups of students defined in section 1111(c)(2) partici-

pating in the innovative assessment system receive

the instructional support needed to meet State aligned

academic achievement standards;

‘‘(ii) ensure that each local educational agency has

the technological infrastructure to implement the

innovative assessment system; and

‘‘(iii) hold all schools in the local educational agen-

cies participating in the program of demonstration

authority accountable for meeting the State’s expecta-

tions for student achievement.

‘‘(D) If the innovative assessment system will initially

be administered in a subset of local educational agencies—

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129 STAT. 1890 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) a description of the local educational agencies

within the State educational agency that will partici-

pate, including what criteria the State has for

approving any additional local educational agencies to

participate during the demonstration authority period;

‘‘(ii) assurances from such local educational agen-

cies that such agencies will comply with the require-

ments of this subsection;

‘‘(iii) a description of how the State will—

‘‘(I) ensure that the inclusion of additional

local educational agencies contributes to progress

toward achieving high-quality and consistent

implementation across demographically diverse

local educational agencies during the demonstra-

tion authority period; and

‘‘(II) ensure that the participating local edu-

cational agencies, as a group, will be demographi-

cally similar to the State as a whole by the end

of the State’s demonstration authority period; and

‘‘(iv) a description of the State educational agency’s

plan to hold all students and each of the subgroups

of students, as defined in section 1111(c)(2), to the

same high standard as other students in the State.

‘‘(f) P

EER

EVIEW

.—The Secretary shall—

‘‘(1) implement a peer-review process to inform—

‘‘(A) the awarding of demonstration authority under

this section and the approval to operate an innovative

assessment system for the purposes of subsections (b)(2)

and (c) of section 1111, as described in subsection (h);

and

‘‘(B) determinations about whether an innovative

assessment system—

‘‘(i) is comparable to the State assessments under

section 1111(b)(2)(B)(v), valid, reliable, of high tech-

nical quality, and consistent with relevant, nationally

recognized professional and technical standards; and

‘‘(ii) provides an unbiased, rational, and consistent

determination of progress toward the goals described

under section 1111(c)(4)(A)(i) for all students;

‘‘(2) ensure that the peer-review team consists of practi-

tioners and experts who are knowledgeable about the innovative

assessment system being proposed for all participating stu-

dents, including—

‘‘(A) individuals with past experience developing sys-

tems of assessment innovation that support all students,

including English learners, children with disabilities, and

disadvantaged students; and

‘‘(B) individuals with experience implementing innova-

tive assessment and accountability systems;

‘‘(3) make publicly available the applications submitted

under subsection (c) and the peer-review comments and rec-

ommendations regarding such applications;

‘‘(4) make a determination and inform the State regarding

approval or disapproval of the application under subsection

tion;

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129 STAT. 1891 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(5) if the Secretary disapproves an application under para-

graph (4), offer the State an opportunity to—

‘‘(A) revise and resubmit such application within 60

days of the disapproval determination; and

‘‘(B) submit additional evidence that the State’s

application meets the requirements of subsection (c); and

‘‘(6) make a determination regarding application approval

or disapproval of a resubmitted application under paragraph

(5) not later than 45 days after receipt of the resubmitted

application.

‘‘(g) E

XTENSION

.—The Secretary may extend an authorization

of demonstration authority under this section for an additional

2 years if the State educational agency demonstrates with evidence

that the State educational agency’s innovative assessment system

is continuing to meet the requirements of subsection (c), including

by demonstrating a plan for, and the capacity to, transition to

statewide use of the innovative assessment system by the end

of the 2-year extension period.

‘‘(h) U

SE OF

NNOVATIVE

SSESSMENT

YSTEM

.—A State may,

during the State’s approved demonstration authority period or 2-

year extension, include results from the innovative assessment sys-

tems developed under this section in accountability determinations

for each student in the participating local educational agencies

instead of, or in addition to, results from the assessment system

under section 1111(b)(2) if the State demonstrates that the State

has met the requirements under subsection (c). The State shall

continue to meet all other requirements of section 1111(c).

‘‘(i) W

ITHDRAWAL OF

UTHORITY

.—The Secretary shall withdraw

the authorization for demonstration authority provided to a State

educational agency under this section and such State shall return

to use of the statewide assessment system under section 1111(b)(2)

for all local educational agencies in the State if, at any time during

a State’s approved demonstration authority period or 2-year exten-

sion, the State educational agency cannot present to the Secretary

evidence that the innovative assessment system developed under

this section—

‘‘(1) meets the requirements under subsection (c);

‘‘(2) includes all students attending schools participating

in the innovative assessment system in a State that has dem-

onstration authority, including each of the subgroups of stu-

dents, as defined under section 1111(c)(2);

‘‘(3) provides an unbiased, rational, and consistent deter-

mination of progress toward the goals described under section

1111(c)(4)(A)(i) for all students, which are comparable to meas-

ures of academic achievement under section 1111(c)(4)(B)(i)

across the State in which the local educational agencies are

located;

‘‘(4) presents a high-quality plan to transition to full state-

wide use of the innovative assessment system by the end of

the State’s approved demonstration authority period or 2-year

extension, if the innovative assessment system will initially

be administered in a subset of local educational agencies; and

‘‘(5) demonstrates comparability to the statewide assess-

ments under section 1111(b)(2) in content coverage, difficulty,

and quality.

‘‘(j) T

RANSITION

.—

‘‘(1) I

N GENERAL

.—

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129 STAT. 1892 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) O

PERATION OF INNOVATIVE ASSESSMENT SYSTEM

.—

If, after a State’s approved demonstration authority period

or 2-year extension, the State educational agency has met

all the requirements of this section, including having scaled

the innovative assessment system up to statewide use,

and demonstrated that such system is of high quality,

as described in subparagraph (B), the State shall be per-

mitted to operate the innovative assessment system

approved under the program of demonstration authority

under this section for the purposes of subsections (b)(2)

and (c) of section 1111.

‘‘(B) H

IGH QUALITY

.—Such system shall be considered

of high quality if the Secretary, through the peer-review

process described in section 1111(a)(4), determines that—

‘‘(i) the innovative assessment system meets all

of the requirements of this section;

‘‘(ii) the State has examined the effects of the

system on other measures of student success, including

indicators in the accountability system under section

1111(c)(4)(B);

‘‘(iii) the innovative assessment system provides

coherent and timely information about student achieve-

ment based on the challenging State academic stand-

ards, including objective measurement of academic

achievement, knowledge, and skills that are valid, reli-

able, and consistent with relevant, nationally-recog-

nized professional and technical standards;

‘‘(iv) the State has solicited feedback from teachers,

principals, other school leaders, and parents about

their satisfaction with the innovative assessment

system; and

‘‘(v) the State has demonstrated that the same

innovative assessment system was used to measure—

‘‘(I) the achievement of all students that

participated in such innovative assessment system;

and

‘‘(II) not less than the percentage of such stu-

dents overall and in each of the subgroups of stu-

dents, as defined in section 1111(c)(2), as measured

under section 1111(c)(4)(E), as were assessed under

the assessment required by section 1111(b)(2).

‘‘(2) B

ASELINE

.—For the purposes of the evaluation

described in paragraph (1), the baseline year shall be considered

the first year that each local educational agency in the State

used the innovative assessment system.

‘‘(3) W

AIVER AUTHORITY

.—A State may request, and the

Secretary shall review such request and may grant, a delay

of the withdrawal of authority under subsection (i) for the

purpose of providing the State with the time necessary to

implement the innovative assessment system statewide, if, at

the conclusion of the State’s approved demonstration authority

period and 2-year extension—

‘‘(A) the State has met all of the requirements of this

section, except transition to full statewide use of the innova-

tive assessment system; and

‘‘(B) the State continues to comply with the other

requirements of this section, and demonstrates a high-

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129 STAT. 1893 PUBLIC LAW 114–95—DEC. 10, 2015

quality plan for transition to statewide use of the innovative

assessment system in a reasonable period of time.

‘‘(k) A

VAILABLE

UNDS

.—A State may use funds available under

section 1201 to carry out this section.

‘‘(l) C

ONSORTIUM

.—A consortium of States may apply to partici-

pate in the program of demonstration authority under this section,

and the Secretary may provide each State member of such consor-

tium with such authority if each such State member meets all

of the requirements of this section. Such consortium shall be subject

to the limitation described in subsection (b)(3)(B) during the initial

3 years of the demonstration authority.

‘‘(m) D

ISSEMINATION OF

EST

RACTICES

.—

‘‘(1) I

N GENERAL

.—Following the publication of the progress

report described in subsection (c), the Director of the Institute

of Education Sciences, in consultation with the Secretary, shall

collect and disseminate the best practices on the development

and implementation of innovative assessment systems that

meet the requirements of this section, including best practices

regarding the development of—

‘‘(A) summative assessments that—

‘‘(i) meet the requirements of section 1111(b)(2)(B);

‘‘(ii) are comparable with statewide assessments

under section 1111(b)(2); and

‘‘(iii) include assessment tasks that determine pro-

ficiency or mastery of State-approved competencies

aligned to challenging State academic standards;

‘‘(B) effective supports for local educational agencies

and school staff to implement innovative assessment sys-

tems;

‘‘(C) effective engagement and support of teachers in

developing and scoring assessments and the use of high-

quality professional development;

‘‘(D) effective supports for all students, particularly

each of the subgroups of students, as defined in section

1111(c)(2), participating in the innovative assessment

system; and

‘‘(E) standardized and calibrated scoring rubrics, and

other strategies, to ensure inter-rater reliability and com-

parability of determinations of mastery or proficiency

across local educational agencies and the State.

‘‘(2) P

UBLICATION

.—The Secretary shall make the informa-

tion described in paragraph (1) available on the website of

the Department and shall publish an update to the information

not less often than once every 3 years.’’.

PART C—EDUCATION OF MIGRATORY

CHILDREN

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.

(a) P

ROGRAM

URPOSES

.—Section 1301 (20 U.S.C. 6391) is

amended to read as follows:

‘‘SEC. 1301. PROGRAM PURPOSES.

‘‘The purposes of this part are as follows:

‘‘(1) To assist States in supporting high-quality and com-

prehensive educational programs and services during the school

year and, as applicable, during summer or intersession periods,

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129 STAT. 1894 PUBLIC LAW 114–95—DEC. 10, 2015

that address the unique educational needs of migratory chil-

dren.

‘‘(2) To ensure that migratory children who move among

the States are not penalized in any manner by disparities

among the States in curriculum, graduation requirements, and

challenging State academic standards.

‘‘(3) To ensure that migratory children receive full and

appropriate opportunities to meet the same challenging State

academic standards that all children are expected to meet.

‘‘(4) To help migratory children overcome educational

disruption, cultural and language barriers, social isolation, var-

ious health-related problems, and other factors that inhibit

the ability of such children to succeed in school.

‘‘(5) To help migratory children benefit from State and

local systemic reforms.’’.

(b) S

TATE

LLOCATIONS

.—Section 1303 (20 U.S.C. 6393) is

amended—

(1) by redesignating subsections (c) through (e) as sub-

sections (d) through (f), respectively;

(2) by striking subsections (a) and (b) and inserting the

following:

‘‘(a) S

TATE

LLOCATIONS

.—Except as provided in subsection

(c), each State (other than the Commonwealth of Puerto Rico)

is entitled to receive under this part an amount equal to the

product of—

‘‘(1) the sum of—

‘‘(A) the average number of identified eligible migratory

children aged 3 through 21 residing in the State, based

on data for the preceding 3 years; and

‘‘(B) the number of identified eligible migratory chil-

dren, aged 3 through 21, who received services under this

part in summer or intersession programs provided by the

State during the previous year; multiplied by

‘‘(2) 40 percent of the average per-pupil expenditure in

the State, except that the amount determined under this para-

graph shall not be less than 32 percent, nor more than 48

percent, of the average per-pupil expenditure in the United

States.

‘‘(b) H

OLD

ARMLESS

.—Notwithstanding subsection (a), for each

of fiscal years 2017 through 2019, no State shall receive less than

90 percent of the State’s allocation under this section for the pre-

ceding fiscal year.

‘‘(c) A

LLOCATION TO

UERTO

ICO

.—

‘‘(1) I

N GENERAL

.—For each fiscal year, the grant that

the Commonwealth of Puerto Rico shall be eligible to receive

under this part shall be the amount determined by multiplying

the number of children who would be counted under subsection

(a)(1) if such subsection applied to the Commonwealth of Puerto

Rico by the product of—

‘‘(A) the percentage that the average per-pupil expendi-

ture in the Commonwealth of Puerto Rico is of the lowest

average per-pupil expenditure of any of the 50 States,

subject to paragraphs (2) and (3); and

‘‘(B) 32 percent of the average per-pupil expenditure

in the United States.

‘‘(2) M

INIMUM PERCENTAGE

.—The percentage described in

paragraph (1)(A) shall not be less than 85 percent.

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129 STAT. 1895 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) L

IMITATION

.—If the application of paragraph (2) for

any fiscal year would result in any of the 50 States or the

District of Columbia receiving less under this part than it

received under this part for the preceding fiscal year, then

the percentage described in paragraph (1)(A) that is used for

the Commonwealth of Puerto Rico for the fiscal year for which

the determination is made shall be the greater of the percentage

in paragraph (1)(A) for such fiscal year or the percentage used

for the preceding fiscal year.’’;

(3) in subsection (d), as redesignated by paragraph (1)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘(A) If, after’’

and inserting the following:

‘‘(A) R

ATABLE REDUCTIONS

.—If, after’’; and

(ii) in subparagraph (B)—

(I) by striking ‘‘(B) If additional’’ and inserting

the following:

‘‘(B) R

EALLOCATION

.—If additional’’; and

(II) by striking ‘‘purpose’’ and inserting ‘‘pur-

poses’’; and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘(A) The Sec-

retary’’ and inserting the following:

‘‘(A) F

URTHER REDUCTIONS

.—The Secretary’’; and

(ii) in subparagraph (B), by striking ‘‘(B) The Sec-

retary’’ and inserting the following:

‘‘(B) R

EALLOCATION

.—The Secretary’’;

(4) in subsection (e)(3)(B), as redesignated by paragraph

(1), by striking ‘‘welfare or educational attainment of children’’

and inserting ‘‘academic achievement of children’’;

(5) in subsection (f), as redesignated by paragraph (1)—

(A) in the matter preceding paragraph (1), by striking

‘‘estimated’’ and inserting ‘‘identified’’;

(B) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) use the most recent information that most accurately

reflects the actual number of migratory children;’’;

paragraphs (3) through (5), respectively;

(D) by inserting after paragraph (1) the following:

‘‘(2) develop and implement a procedure for monitoring

the accuracy of such information;’’;

(E) in paragraph (4), as redesignated by subparagraph

(C)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘full-time equivalent’’; and

(ii) in subparagraph (A)—

(I) by striking ‘‘special needs’’ and inserting

‘‘unique needs’’; and

(II) by striking ‘‘special programs provided

under this part’’ and inserting ‘‘effective special

programs provided under this part’’; and

(F) in paragraph (5), as redesignated by subparagraph

(C), by striking ‘‘the child whose education has been inter-

rupted’’ and inserting ‘‘migratory children, including the

most at-risk migratory children’’; and

(6) by adding at the end the following:

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129 STAT. 1896 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(g) N

ONPARTICIPATING

TATES

.—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.’’.

TATE

PPLICATIONS

; S

ERVICES

.—Section 1304 (20 U.S.C.

6394) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘special educational needs’’ and

inserting ‘‘unique educational needs’’; and

(II) by inserting ‘‘and migratory children who

have dropped out of school’’ after ‘‘preschool migra-

tory children’’;

(ii) in subparagraph (B)—

(I) by striking ‘‘migrant children’’ and inserting

‘‘migratory children’’; and

(II) by striking ‘‘part A or B of title III’’ and

inserting ‘‘part A of title III’’; and

(iii) by striking subparagraph (D) and inserting

the following:

‘‘(D) measurable program objectives and outcomes;’’;

(B) in paragraph (2), by striking ‘‘challenging State

academic content standards and challenging State student

academic achievement standards’’ and inserting ‘‘chal-

lenging State academic standards’’;

procedures the Secretary may require,’’;

(D) in paragraph (5), by inserting ‘‘and’’ after the semi-

colon;

(E) by striking paragraph (6);

(F) by redesignating paragraph (7) as paragraph (6);

and

(G) in paragraph (6), as redesignated by subparagraph

(F), by striking ‘‘who have parents who do not have a

high school diploma’’ and inserting ‘‘whose parents do not

have a high school diploma’’;

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

‘‘, satisfactory to the Secretary,’’;

(B) in paragraph (2), by striking ‘‘subsections (b) and

(b) and (c) of section 1118, and part F’’;

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘parent advisory councils’’ and

inserting ‘‘parents of migratory children, including

parent advisory councils,’’; and

(II) by striking ‘‘of 1 school year in duration’’

and inserting ‘‘not less than 1 school year in dura-

tion’’; and

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129 STAT. 1897 PUBLIC LAW 114–95—DEC. 10, 2015

(ii) in subparagraph (A), by striking ‘‘section 1118’’

and inserting ‘‘section 1116’’;

(D) in paragraph (4), by inserting ‘‘and migratory chil-

dren who have dropped out of school’’ after ‘‘preschool

migratory children’’;

(E) by redesignating paragraph (7) as paragraph (8);

(F) by striking paragraph (6) and inserting the fol-

lowing:

‘‘(6) such programs and projects will provide for outreach

activities for migratory children and their families to inform

such children and families of other education, health, nutrition,

and social services to help connect them to such services;

‘‘(7) to the extent feasible, such programs and projects

will provide for—

‘‘(A) advocacy and other outreach activities for migra-

tory children and their families, including helping such

children and families gain access to other education, health,

nutrition, and social services;

‘‘(B) professional development programs, including

mentoring, for teachers and other program personnel;

‘‘(C) family literacy programs;

‘‘(D) the integration of information technology into edu-

cational and related programs; and

‘‘(E) programs to facilitate the transition of secondary

school students to postsecondary education or employment;

and’’; and

(G) in paragraph (8), as redesignated by subparagraph

(E), by striking ‘‘paragraphs (1)(A) and (2)(B)(i) of section

1303(a), through such procedures as the Secretary may

require’’ and inserting ‘‘section 1303(a)(1)’’;

(3) by striking subsection (d) and inserting the following:

‘‘(d) P

RIORITY FOR

ERVICES

.—In providing services with funds

received under this part, each recipient of such funds shall give

priority to migratory children who have made a qualifying move

within the previous 1-year period and who—

‘‘(1) are failing, or most at risk of failing, to meet the

challenging State academic standards; or

‘‘(2) have dropped out of school.’’; and

(4) in subsection (e)(3), by striking ‘‘secondary school stu-

dents’’ and inserting ‘‘students’’.

(d) S

ECRETARIAL

PPROVAL

; P

EER

EVIEW

.—Section 1305 (20

U.S.C. 6395) is amended to read as follows:

‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

‘‘The Secretary shall approve each State application that meets

the requirements of this part, and may review any such application

with the assistance and advice of State officials and other officials

with relevant expertise.’’.

(e) C

OMPREHENSIVE

EEDS

SSESSMENT AND

ERVICE

DELIVERY

LAN

; A

UTHORIZED

CTIVITIES

.—Section 1306 (20 U.S.C. 6396) is

amended—

(1) in subsection (a)(1)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘special’’ and inserting ‘‘unique’’;

(B) in subparagraph (B)—

(i) in the matter preceding clause (i), by striking

‘‘section 9302’’ and inserting ‘‘section 8302’’; and

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129 STAT. 1898 PUBLIC LAW 114–95—DEC. 10, 2015

(ii) in clause (i), by striking ‘‘special’’ and inserting

‘‘unique’’;

academic content standards and challenging State student

academic achievement standards’’ and inserting ‘‘chal-

lenging State academic standards’’; and

(D) in subparagraph (F), by striking ‘‘part A or B

of title III’’ and inserting ‘‘part A of title III’’; and

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘shall have the flexi-

bility to’’ and inserting ‘‘retains the flexibility to’’; and

(B) in paragraph (4), by striking ‘‘special educational’’

and inserting ‘‘unique educational’’.

(f) B

YPASS

.—Section 1307 (20 U.S.C. 6397) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘non-

profit’’; and

(2) in paragraph (3), by striking ‘‘welfare or educational

attainment’’ and inserting ‘‘educational achievement’’.

(g) C

OORDINATION OF

IGRANT

DUCATION

CTIVITIES

.—Section

1308 (20 U.S.C. 6398) is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘nonprofit’’;

(B) by inserting ‘‘through’’ after ‘‘including’’; and

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘developing effective

methods for’’;

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by

striking ‘‘The Secretary, in consultation’’ and all

that follows through ‘‘include—’’ and inserting the

following: ‘‘The Secretary, in consultation with the

States, shall ensure the linkage of migrant student

record systems for the purpose of electronically

exchanging, among the States, health and edu-

cational information regarding all migratory stu-

dents eligible under this part. The Secretary shall

ensure that such linkage occurs in a cost-effective

manner, utilizing systems used by the States prior

to, or developed after, the date of the enactment

of the Every Student Succeeds Act. Such informa-

tion may include—’’;

(II) in clause (ii), by striking ‘‘required under

section 1111(b)’’ and inserting ‘‘under section

1111(b)(2)’’; and

(III) in clause (iii), by striking ‘‘high standards’’

and inserting ‘‘the challenging State academic

standards’’;

(ii) by redesignating subparagraph (B) as subpara-

graph (C);

(iii) by inserting after subparagraph (A) the fol-

lowing:

‘‘(B) C

ONSULTATION

.—The Secretary shall maintain

ongoing consultation with the States, local educational

agencies, and other migratory student service providers

on—

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129 STAT. 1899 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) the effectiveness of the system described in

subparagraph (A); and

‘‘(ii) the ongoing improvement of such system.’’;

and

(iv) in subparagraph (C), as redesignated by clause

(ii)—

(I) by striking ‘‘the proposed data elements’’

and inserting ‘‘any new proposed data elements’’;

and

(II) by striking ‘‘Such publication shall occur

not later than 120 days after the date of enactment

of the No Child Left Behind Act of 2001.’’; and

(h) D

EFINITIONS

.—Section 1309 (20 U.S.C. 6399) is amended—

(1) in paragraph (1)(B), by striking ‘‘nonprofit’’; and

(2) by striking paragraph (2) and inserting the following:

‘‘(2) M

IGRATORY AGRICULTURAL WORKER

.—The term ‘migra-

tory agricultural worker’ means an individual who made a

qualifying move in the preceding 36 months and, after doing

so, engaged in new temporary or seasonal employment or per-

sonal subsistence in agriculture, which may be dairy work

or the initial processing of raw agricultural products. If an

individual did not engage in such new employment soon after

a qualifying move, such individual may be considered a migra-

tory agricultural worker if the individual actively sought such

new employment and has a recent history of moves for tem-

porary or seasonal agricultural employment.

‘‘(3) M

IGRATORY CHILD

.—The term ‘migratory child’ means

a child or youth who made a qualifying move in the preceding

36 months—

‘‘(A) as a migratory agricultural worker or a migratory

fisher; or

‘‘(B) with, or to join, a parent or spouse who is a

migratory agricultural worker or a migratory fisher.

‘‘(4) M

IGRATORY FISHER

.—The term ‘migratory fisher’ means

an individual who made a qualifying move in the preceding

36 months and, after doing so, engaged in new temporary

or seasonal employment or personal subsistence in fishing.

If the individual did not engage in such new employment soon

after the move, the individual may be considered a migratory

fisher if the individual actively sought such new employment

and has a recent history of moves for temporary or seasonal

fishing employment.

‘‘(5) Q

UALIFYING MOVE

.—The term ‘qualifying move’ means

a move due to economic necessity—

‘‘(A) from one residence to another residence; and

‘‘(B) from one school district to another school district,

except—

‘‘(i) in the case of a State that is comprised of

a single school district, wherein a qualifying move is

from one administrative area to another within such

district; or

‘‘(ii) in the case of a school district of more than

15,000 square miles, wherein a qualifying move is a

distance of 20 miles or more to a temporary residence.’’.

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129 STAT. 1900 PUBLIC LAW 114–95—DEC. 10, 2015

PART D—PREVENTION AND INTERVENTION

PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-

RISK

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHIL-

DREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT,

OR AT-RISK.

Part D of title I (20 U.S.C. 6421 et seq.) is amended—

(1) in section 1401(a)—

(A) in paragraph (1)—

(i) by inserting ‘‘, tribal,’’ after ‘‘youth in local’’;

and

(ii) by striking ‘‘challenging State academic content

standards and challenging State student academic

achievement standards’’ and inserting ‘‘challenging

State academic standards’’; and

(B) in paragraph (3), by inserting ‘‘and the involvement

of their families and communities’’ after ‘‘to ensure their

continued education’’;

(2) in section 1412(b), by striking paragraph (2) and

inserting the following:

‘‘(2) M

INIMUM PERCENTAGE

.—The percentage in paragraph

(1)(A) shall not be less than 85 percent.’’;

(3) in section 1414—

(A) in subsection (a)—

(i) in paragraph (1)(B), by striking ‘‘from correc-

tional facilities to locally operated programs’’ and

inserting ‘‘between correctional facilities and locally

operated programs’’; and

(ii) in paragraph (2)—

(I) in subparagraph (A)—

(aa) by striking ‘‘the program goals, objec-

tives, and performance measures established

by the State’’ and inserting ‘‘the program objec-

tives and outcomes established by the State’’;

and

(bb) by striking ‘‘vocational’’ and inserting

‘‘career’’;

(II) in subparagraph (B), by striking ‘‘and’’

after the semicolon;

(III) by redesignating subparagraph (C) as

subparagraph (D);

(IV) by inserting after subparagraph (B) the

following:

‘‘(C) describe how the State will place a priority for

such children to attain a regular high school diploma, to

the extent feasible;’’;

(V) in subparagraph (D), as redesignated by

subclause (III)—

(aa) in clause (i), by inserting ‘‘and’’ after

the semicolon;

(bb) by striking clause (ii) and redesig-

nating clause (iii) as clause (ii); and

(cc) by striking clause (iv); and

(VI) by adding at the end the following:

20 USC 6434.

20 USC 6432.

20 USC 6421.

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129 STAT. 1901 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) provide assurances that the State educational

agency has established—

‘‘(i) procedures to ensure the timely re-enrollment

of each student who has been placed in the juvenile

justice system in secondary school or in a re-entry

program that best meets the needs of the student,

including the transfer of credits that such student

earns during placement; and

‘‘(ii) opportunities for such students to participate

in credit-bearing coursework while in secondary school,

postsecondary education, or career and technical edu-

cation programming.’’; and

(B) in subsection (c)—

(i) in paragraph (1), by inserting ‘‘and, to the extent

practicable, provide for such assessment upon entry

into a correctional facility’’ after ‘‘to be served under

this subpart’’;

(ii) in paragraph (6)—

(I) by striking ‘‘carry out the evaluation

requirements of section 9601 and how’’ and

inserting ‘‘use’’;

(II) by inserting ‘‘under section 8601’’ after

‘‘recent evaluation’’; and

(III) by striking ‘‘will be used’’;

(iii) in paragraph (7), by striking ‘‘section 9521’’

and inserting ‘‘section 8521’’;

(iv) paragraph (8)—

(I) by striking ‘‘Public Law 105–220’’ and

inserting ‘‘the Workforce Innovation and Oppor-

tunity Act’’; and

(II) by striking ‘‘vocational’’ and inserting

‘‘career’’;

(v) in paragraph (9)—

(I) by inserting ‘‘and after’’ after ‘‘prior to’’;

and

(II) by inserting ‘‘in order to facilitate the

transition of such children and youth between the

correctional facility and the local educational

agency or alternative education program’’ after

‘‘the local educational agency or alternative edu-

cation program’’;

(vi) in paragraph (11), by striking ‘‘transition of

children and youth from such facility or institution

to’’ and inserting ‘‘transition of such children and youth

between such facility or institution and’’;

(vii) in paragraph (16)—

(I) by inserting ‘‘and attain a regular high

school diploma’’ after ‘‘to encourage the children

and youth to reenter school’’; and

(II) by striking ‘‘achieve a secondary school

diploma’’ and inserting ‘‘attain a regular high

school diploma’’;

(viii) in paragraph (17), by inserting ‘‘certified or

licensed’’ after ‘‘provides an assurance that’’;

(ix) in paragraph (18), by striking ‘‘and’’ after the

semicolon;

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129 STAT. 1902 PUBLIC LAW 114–95—DEC. 10, 2015

(x) in paragraph (19), by striking the period at

the end and inserting ‘‘; and’’; and

(xi) by adding at the end the following:

‘‘(20) describes how the State agency will, to the extent

feasible—

‘‘(A) note when a youth has come into contact with

both the child welfare and juvenile justice systems; and

‘‘(B) deliver services and interventions designed to keep

such youth in school that are evidence-based (to the extent

a State determines that such evidence is reasonably avail-

able).’’;

(4) in section 1415—

(A) in subsection (a)—

(i) in paragraph (1)(B), by striking ‘‘vocational or

technical training’’ and inserting ‘‘career and technical

education’’; and

(ii) in paragraph (2)—

(I) by striking subparagraph (A) and inserting

the following:

‘‘(A) may include—

‘‘(i) the acquisition of equipment;

‘‘(ii) pay-for-success initiatives; or

‘‘(iii) providing targeted services for youth who

have come in contact with both the child welfare

system and juvenile justice system;’’;

(II) in subparagraph (B)—

(aa) in clause (i), by striking ‘‘the State’s

challenging academic content standards and

student academic achievement standards’’ and

inserting ‘‘the challenging State academic

standards’’;

(bb) in clause (ii), by striking ‘‘supplement

and improve’’ and inserting ‘‘respond to the

educational needs of such children and youth,

including by supplementing and improving’’;

and

(cc) in clause (iii)—

(AA) by striking ‘‘challenging State

academic achievement standards’’ and

inserting ‘‘challenging State academic

standards’’; and

(BB) by inserting ‘‘and’’ after the

semicolon;

(III) in subparagraph (C)—

(aa) by striking ‘‘section 1120A and part

I’’ and inserting ‘‘section 1118 and part F’’;

and

(bb) by striking ‘‘; and’’ and inserting a

period; and

(IV) by striking subparagraph (D); and

(B) in subsection (b), by striking ‘‘section 1120A’’ and

inserting ‘‘section 1118’’;

(5) in section 1416—

(A) in paragraph (3)—

20 USC 6436.

20 USC 6435.

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129 STAT. 1903 PUBLIC LAW 114–95—DEC. 10, 2015

(i) by striking ‘‘challenging State academic content

standards and student academic achievement stand-

ards’’ and inserting ‘‘challenging State academic stand-

ards’’; and

(ii) by striking ‘‘complete secondary school, attain

a secondary diploma’’ and inserting ‘‘attain a regular

high school diploma’’;

(B) in paragraph (4)—

(i) by striking ‘‘pupil’’ and inserting ‘‘specialized

instructional support’’; and

(ii) by inserting ‘‘, and how relevant and appro-

priate academic records and plans regarding the

continuation of educational services for such children

or youth are shared jointly between the State agency

operating the institution or program and local edu-

cational agency in order to facilitate the transition

of such children and youth between the local edu-

cational agency and the State agency’’ after ‘‘children

and youth described in paragraph (1)’’; and

and inserting ‘‘and improve student achievement’’;

(6) in section 1418(a)—

(A) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) projects that facilitate the transition of children and

youth between State-operated institutions, or institutions in

the State operated by the Secretary of the Interior, and schools

served by local educational agencies or schools operated or

funded by the Bureau of Indian Education; or’’; and

(B) in paragraph (2)—

(i) by striking ‘‘vocational’’ each place the term

appears and inserting ‘‘career’’; and

(ii) in the matter preceding subparagraph (A), by

striking ‘‘secondary’’ and inserting ‘‘regular high’’;

(7) in section 1419—

(A) by striking the section heading and inserting

‘‘

TECHNICAL ASSISTANCE

’’; and

(B) by striking ‘‘for a fiscal year’’ and all that follows

through ‘‘to provide’’ and inserting ‘‘for a fiscal year to

provide’’;

(8) in section 1421(3), by inserting ‘‘, including schools

operated or funded by the Bureau of Indian Education,’’ after

‘‘local schools’’;

(9) in section 1422(d), by striking ‘‘impact on meeting the

transitional’’ and inserting ‘‘impact on meeting such transi-

tional’’;

(10) in section 1423—

(A) in paragraph (2)(B), by inserting ‘‘, including such

facilities operated by the Secretary of the Interior and

Indian tribes’’ after ‘‘the juvenile justice system’’;

(B) by striking paragraph (4) and inserting the fol-

lowing:

‘‘(4) a description of the program operated by participating

schools to facilitate the successful transition of children and

youth returning from correctional facilities and, as appropriate,

the types of services that such schools will provide such children

and youth and other at-risk children and youth;’’;

20 USC 6453.

20 USC 6452.

20 USC 6451.

20 USC 6439.

20 USC 6438.

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129 STAT. 1904 PUBLIC LAW 114–95—DEC. 10, 2015

(i) by inserting ‘‘institutions of higher education

or’’ after ‘‘partnerships with’’; and

(ii) by striking ‘‘develop training, curriculum-based

youth entrepreneurship education’’ and inserting

‘‘facilitate postsecondary and workforce success for chil-

dren and youth returning from correctional facilities,

such as through participation in credit-bearing

coursework while in secondary school, enrollment in

postsecondary education, participation in career and

technical education programming’’;

(D) in paragraph (8), by inserting ‘‘and family mem-

bers’’ after ‘‘will involve parents’’;

(E) in paragraph (9), by striking ‘‘vocational’’ and

inserting ‘‘career’’; and

(F) in paragraph (13), by striking ‘‘regular’’ and

inserting ‘‘traditional’’;

(11) in section 1424—

(A) in the matter before paragraph (1), by striking

‘‘Funds provided’’ and inserting the following:

‘‘(a) I

ENERAL

.—Funds provided’’;

(B) in paragraph (2), by striking ‘‘, including’’ and

all that follows through ‘‘gang members’’;

(i) by striking ‘‘vocational’’ and inserting ‘‘career’’;

and

(ii) by striking ‘‘and’’ after the semicolon; and

(D) in paragraph (5), by striking the period at the

end and inserting a semicolon;

(E) by inserting the following after paragraph (5):

‘‘(6) programs for at-risk Indian children and youth,

including such children and youth in correctional facilities in

the area served by the local educational agency that are oper-

ated by the Secretary of the Interior or Indian tribes; and

‘‘(7) pay for success initiatives.’’; and

(F) by inserting after paragraph (7) the following:

‘‘(b) C

ONTRACTS AND

RANTS

.—A local educational agency may

use a subgrant received under this subpart to carry out the activities

described under paragraphs (1) through (7) of subsection (a) directly

or through subgrants, contracts, or cooperative agreements.’’;

(12) in section 1425—

(A) in paragraph (4)—

(i) by inserting ‘‘and attain a regular high school

diploma’’ after ‘‘reenter school’’; and

(ii) by striking ‘‘a secondary school diploma’’ and

inserting ‘‘a regular high school diploma’’;

(B) in paragraph (6), by striking ‘‘high academic

achievement standards’’ and inserting ‘‘the challenging

State academic standards’’;

inserting ‘‘career’’;

(D) in paragraph (10), by striking ‘‘and’’ after the semi-

colon;

(E) in paragraph (11), by striking the period at the

end and inserting a semicolon; and

(F) by adding at the end the following:

20 USC 6455.

20 USC 6454.

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129 STAT. 1905 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(12) upon the child’s or youth’s entry into the correctional

facility, work with the child’s or youth’s family members and

the local educational agency that most recently provided serv-

ices to the child or youth (if applicable) to ensure that the

relevant and appropriate academic records and plans regarding

the continuation of educational services for such child or youth

are shared jointly between the correctional facility and local

educational agency in order to facilitate the transition of such

children and youth between the local educational agency and

the correctional facility; and

‘‘(13) consult with the local educational agency for a period

jointly determined necessary by the correctional facility and

local educational agency upon discharge from that facility, to

coordinate educational services so as to minimize disruption

to the child’s or youth’s achievement.’’;

(13) in section 1426—

(A) in paragraph (1), by striking ‘‘reducing dropout

rates for male students and for female students over a

3-year period’’ and inserting ‘‘the number of children and

youth attaining a regular high school diploma or its recog-

nized equivalent’’; and

(B) in paragraph (2)—

(i) by striking ‘‘obtaining a secondary school

diploma’’ and inserting ‘‘attaining a regular high school

diploma’’; and

(ii) by striking ‘‘obtaining employment’’ and

inserting ‘‘attaining employment’’;

(14) in section 1431(a)—

(A) in the matter preceding paragraph (1), by inserting

‘‘while protecting individual student privacy,’’ after ‘‘age’’;

(B) striking ‘‘secondary’’ each place the term appears

and inserting ‘‘high’’;

from high school in the number of years established by

the State under either the four-year adjusted cohort

graduation rate or the extended-year adjusted cohort

graduation rate, if applicable’’ after ‘‘educational achieve-

ment’’; and

(D) in paragraph (3), by inserting ‘‘or school operated

or funded by the Bureau of Indian Education’’ after ‘‘local

educational agency’’; and

(15) in section 1432(2)—

(A) by inserting ‘‘dependency adjudication, or delin-

quency adjudication,’’ after ‘‘failure,’’;

(B) by striking ‘‘has limited English proficiency’’ and

inserting ‘‘is an English learner’’; and

nile justice system’’.

PART E—FLEXIBILITY FOR EQUITABLE PER-

PUPIL FUNDING

SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

(a) R

EORGANIZATION

.—Title I (20 U.S.C. 6571 et seq.), as

amended by this title, is further amended—

(1) by striking parts E through H;

(2) by redesignating part I as part F;

20 USC

6491–6494,

6511–6518,

6531–6537,

6551–6553,

6555, 6561,

6531a–6561i.

20 USC 6472.

20 USC 6471.

20 USC 6456.

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129 STAT. 1906 PUBLIC LAW 114–95—DEC. 10, 2015

(3) by striking sections 1907 and 1908;

(4) by redesignating sections 1901 through 1903 as sections

1601 through 1603, respectively; and

(5) by redesignating sections 1905 and 1906 as sections

1604 and 1605, respectively.

(b) I

ENERAL

.—Title I (20 U.S.C. 6571 et seq.), as amended

by this title, is further amended by inserting after section 1432

the following:

‘‘PART E—FLEXIBILITY FOR EQUITABLE PER-

PUPIL FUNDING

‘‘SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

‘‘(a) P

URPOSE

.—The purpose of the program under this section

is to provide local educational agencies with flexibility to consolidate

eligible Federal funds and State and local education funding in

order to create a single school funding system based on weighted

per-pupil allocations for low-income and otherwise disadvantaged

students.

‘‘(b) A

UTHORITY

.—

‘‘(1) I

N GENERAL

.—The Secretary is authorized to enter

into local flexibility demonstration agreements—

‘‘(A) for not more than 3 years with local educational

agencies that are selected under subsection (c) and submit

proposed agreements that meet the requirements of sub-

section (d); and

‘‘(B) under which such agencies may consolidate and

use funds in accordance with subsection (d) in order to

develop and implement a school funding system based on

weighted per-pupil allocations for low-income and otherwise

disadvantaged students.

‘‘(2) F

LEXIBILITY

.—Except as described in subsection

(d)(1)(I), the Secretary is authorized to waive, for local edu-

cational agencies entering into agreements under this section,

any provision of this Act that would otherwise prevent such

agency from using eligible Federal funds as part of such agree-

ment.

‘‘(c) S

ELECTION OF

OCAL

DUCATIONAL

GENCIES

.—

‘‘(1) I

N GENERAL

.—The Secretary may enter into local flexi-

bility demonstration agreements with not more than 50 local

educational agencies with an approved application under sub-

section (d).

‘‘(2) S

ELECTION

.—Each local educational agency shall be

selected based on such agency—

‘‘(A) submitting a proposed local flexibility demonstra-

tion agreement under subsection (d);

‘‘(B) demonstrating that the agreement meets the

requirements of such subsection; and

‘‘(C) agreeing to meet the continued demonstration

requirements under subsection (e).

‘‘(3) E

XPANSION

.—Beginning with the 2019–2020 academic

year, the Secretary may extend funding flexibility authorized

under this section to any local educational agency that submits

and has approved an application under subsection (d), as long

as a significant majority of the demonstration agreements with

local educational agencies described in paragraph (1) meet the

20 USC 6491.

20 USC 6575,

6576.

20 USC

6571–6573.

20 USC 6577,

6578.

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129 STAT. 1907 PUBLIC LAW 114–95—DEC. 10, 2015

requirements of subsection (d)(2) and subsection (e)(1) as of

the end of the 2018–2019 academic year.

‘‘(d) R

EQUIRED

ERMS OF

OCAL

LEXIBILITY

EMONSTRATION

GREEMENT

.—

‘‘(1) A

PPLICATION

.—Each local educational agency that

desires to participate in the program under this section shall

submit, at such time and in such form as the Secretary may

prescribe, an application to enter into a local flexibility dem-

onstration agreement with the Secretary in order to develop

and implement a school funding system based on weighted

per-pupil allocations that meets the requirements of this sec-

tion. The application shall include—

‘‘(A) a description of the school funding system based

on weighted per-pupil allocations, including—

‘‘(i) the weights used to allocate funds within such

system;

‘‘(ii) the local educational agency’s legal authority

to use State and local education funds consistent with

this section;

‘‘(iii) how such system will meet the requirements

of paragraph (2); and

‘‘(iv) how such system will support the academic

achievement of students, including low-income stu-

dents, the lowest-achieving students, English learners,

and children with disabilities;

‘‘(B) a list of funding sources, including eligible Federal

funds, the local educational agency will include in such

system;

‘‘(C) a description of the amount and percentage of

total local educational agency funding, including State and

local education funds and eligible Federal funds, that will

be allocated through such system;

‘‘(D) the per-pupil expenditures (which shall include

actual personnel expenditures, including staff salary dif-

ferentials for years of employment, and actual nonpersonnel

expenditures) of State and local education funds for each

school served by the agency for the preceding fiscal year;

‘‘(E) the per-pupil amount of eligible Federal funds

each school served by the agency received in the preceding

fiscal year, disaggregated by the programs supported by

the eligible Federal funds;

‘‘(F) a description of how such system will ensure that

any eligible Federal funds allocated through the system

will meet the purposes of each Federal program supported

by such funds, including serving students from low-income

families, English learners, migratory children, and children

who are neglected, delinquent, or at risk, as applicable;

‘‘(G) an assurance that the local educational agency

developed and will implement the local flexibility dem-

onstration agreement in consultation with teachers, prin-

cipals, other school leaders (including charter school leaders

in a local educational agency that has charter schools),

administrators of Federal programs impacted by the agree-

ment, parents, community leaders, and other relevant

stakeholders;

‘‘(H) an assurance that the local educational agency

will use fiscal control and sound accounting procedures

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129 STAT. 1908 PUBLIC LAW 114–95—DEC. 10, 2015

that ensure proper disbursement of, and accounting for,

eligible Federal funds consolidated and used under such

system;

‘‘(I) an assurance that the local educational agency

will continue to meet the requirements of sections 1117,

1118, and 8501; and

‘‘(J) an assurance that the local educational agency

will meet the requirements of all applicable Federal civil

rights laws in carrying out the agreement and in consoli-

dating and using funds under the agreement.

‘‘(2) R

EQUIREMENTS OF THE SYSTEM

.—

‘‘(A) I

N GENERAL

.—A local educational agency’s school

funding system based on weighted per-pupil allocations

shall—

‘‘(i) except as allowed under clause (iv), allocate

a significant portion of funds, including State and local

education funds and eligible Federal funds, to the

school level based on the number of students in a

school and a formula developed by the agency under

this section that determines per-pupil weighted

amounts;

‘‘(ii) use weights or allocation amounts that allocate

substantially more funding to English learners, stu-

dents from low-income families, and students with any

other characteristics associated with educational dis-

advantage chosen by the local educational agency, than

to other students;

‘‘(iii) ensure that each high-poverty school receives,

in the first year of the demonstration agreement—

‘‘(I) more per-pupil funding, including from

Federal, State, and local sources, for low-income

students than such funding received for low-

income students in the year prior to entering into

a demonstration agreement under this section; and

‘‘(II) at least as much per-pupil funding,

including from Federal, State, and local sources,

for English learners as such funding received for

English learners in the year prior to entering into

a demonstration agreement under this section;

‘‘(iv) be used to allocate to schools a significant

percentage, which shall be a percentage agreed upon

during the application process, of all the local edu-

cational agency’s State and local education funds and

eligible Federal funds; and

‘‘(v) include all school-level actual personnel

expenditures for instructional staff (including staff

salary differentials for years of employment) and actual

nonpersonnel expenditures in the calculation of the

local educational agency’s State and local education

funds and eligible Federal funds to be allocated under

clause (i).

‘‘(B) P

ERCENTAGE

.—In establishing the percentage

described in subparagraph (A)(iv) for the system, the local

educational agency shall demonstrate that the percentage—

‘‘(i) under such subparagraph is sufficient to carry

out the purposes of the demonstration agreement under

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129 STAT. 1909 PUBLIC LAW 114–95—DEC. 10, 2015

this section and to meet each of the requirements

of this subsection; and

‘‘(ii) of State and local education funds and eligible

Federal funds that are not allocated through the local

educational agency’s school funding system based on

weighted per-pupil allocations, does not undermine or

conflict with the requirements of the demonstration

agreement under this section.

‘‘(C) E

XPENDITURES

.—After allocating funds through

the system, the local educational agency shall charge

schools for the per-pupil expenditures of State and local

education funds and eligible Federal funds, including actual

personnel expenditures (including staff salary differentials

for years of employment) for instructional staff and actual

nonpersonnel expenditures.

‘‘(e) C

ONTINUED

EMONSTRATION

.—Each local educational

agency with an approved application under subsection (d) shall

annually—

‘‘(1) demonstrate to the Secretary that, as compared to

the previous year, no high-poverty school served by the agency

received—

‘‘(A) less per-pupil funding, including from Federal,

State, and local sources, for low-income students; or

‘‘(B) less per-pupil funding, including from Federal,

State, and local sources, for English learners;

‘‘(2) make public and report to the Secretary the per-pupil

expenditures (including actual personnel expenditures that

include staff salary differentials for years of employment, and

actual non-personnel expenditures) of State and local education

funds and eligible Federal funds for each school served by

the agency, disaggregated by each quartile of students

attending the school based on student level of poverty and

by each major racial or ethnic group in the school, for the

preceding fiscal year;

‘‘(3) make public the total number of students enrolled

in each school served by the agency and the number of students

enrolled in each such school disaggregated by each of the sub-

groups of students, as defined in section 1111(c)(2); and

‘‘(4) notwithstanding paragraph (1), (2), or (3), ensure that

any information to be reported or made public under this sub-

section is only reported or made public if such information

does not reveal personally identifiable information.

‘‘(f) L

IMITATIONS ON

DMINISTRATIVE

XPENDITURES

.—Each

local educational agency that has entered into a local flexibility

demonstration agreement with the Secretary under this section

may use, for administrative purposes, an amount of eligible Federal

funds that is not more than the percentage of funds allowed for

such purposes under any of the following:

‘‘(1) This title.

‘‘(2) Title II.

‘‘(3) Title III.

‘‘(4) Part A of title IV.

‘‘(5) Part B of title V.

‘‘(g) P

EER

EVIEW

.—The Secretary may establish a peer-review

process to assist in the review of a proposed local flexibility dem-

onstration agreement.

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129 STAT. 1910 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(h) N

ONCOMPLIANCE

.—The Secretary may, after providing

notice and an opportunity for a hearing (including the opportunity

to provide supporting evidence as provided for in subsection (i)),

terminate a local flexibility demonstration agreement under this

section if there is evidence that the local educational agency has

failed to comply with the terms of the agreement and the require-

ments under subsections (d) and (e).

‘‘(i) E

VIDENCE

.—If a local educational agency believes that the

Secretary’s determination under subsection (h) is in error for statis-

tical or other substantive reasons, the local educational agency

may provide supporting evidence to the Secretary, and the Secretary

shall consider that evidence before making a final determination.

‘‘(j) P

ROGRAM

VALUATION

.—From the amount reserved for

evaluation activities under section 8601, the Secretary, acting

through the Director of the Institute of Education Sciences, shall,

in consultation with the relevant program office at the Department,

evaluate—

‘‘(1) the implementation of the local flexibility demonstra-

tion agreements under this section; and

‘‘(2) the impact of such agreements on improving the equi-

table distribution of State and local funding and increasing

student achievement.

‘‘(k) R

ENEWAL OF

OCAL

LEXIBILITY

EMONSTRATION

GREE

MENT

.—The Secretary may renew for additional 3-year terms a

local flexibility demonstration agreement under this section if—

‘‘(1) the local educational agency has met the requirements

under subsections (d)(2) and (e) and agrees to, and has a

high likelihood of, continuing to meet such requirements; and

‘‘(2) the Secretary determines that renewing the local flexi-

bility demonstration agreement is in the interest of students

served under this title and title III.

‘‘(l) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE FEDERAL FUNDS

.—The term ‘eligible Federal

funds’ means funds received by a local educational agency

under—

‘‘(A) this title;

‘‘(B) title II;

‘‘(C) title III;

‘‘(D) part A of title IV; and

‘‘(E) part B of title V.

‘‘(2) H

IGH

POVERTY SCHOOL

.—The term ‘high-poverty school’

means a school that is in the highest 2 quartiles of schools

served by a local educational agency, based on the percentage

of enrolled students from low-income families.’’.

PART F—GENERAL PROVISIONS

SEC. 1601. GENERAL PROVISIONS.

(a) F

EDERAL

EGULATIONS

.—Section 1601 (20 U.S.C. 6571),

as redesignated by section 1501(a)(4) of this Act, is amended—

(1) in subsection (a), by inserting ‘‘, in accordance with

subsections (b) through (d) and subject to section 1111(e),’’

after ‘‘may issue’’;

(2) in subsection (b)—

(A) in paragraph (1), by inserting ‘‘principals, other

school leaders (including charter school leaders),’’ after

‘‘teachers,’’;

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129 STAT. 1911 PUBLIC LAW 114–95—DEC. 10, 2015

(B) in paragraph (2), by adding at the end the following:

‘‘Such regional meetings and electronic exchanges of

information shall be public and notice of such meetings

and exchanges shall be provided to interested stake-

holders.’’;

assessments’’ and inserting ‘‘standards, assessments under

section 1111(b)(2), and the requirement under section 1118

that funds under part A be used to supplement, and not

supplant, State and local funds’’;

(D) by striking paragraph (4) and inserting the fol-

lowing:

‘‘(4) P

ROCESS

.—Such process—

‘‘(A) shall not be subject to the Federal Advisory Com-

mittee Act (5 U.S.C. App.); and

‘‘(B) shall, unless otherwise provided as described in

subsection (c), follow the provisions of subchapter III of

chapter 5 of title V, United States Code (commonly known

as the ‘Negotiated Rulemaking Act of 1990’).’’; and

(E) by striking paragraph (5);

(3) by redesignating subsection (c) as subsection (d);

(4) by inserting after subsection (b) the following:

‘‘(c) A

LTERNATIVE

ROCESS FOR

ERTAIN

XCEPTIONS

.—If con-

sensus, as defined in section 562 of title 5, United States Code,

on any proposed regulation is not reached by the individuals

selected under subsection (b)(3)(B) for the negotiated rulemaking

process, or if the Secretary determines that a negotiated rulemaking

process is unnecessary, the Secretary may propose a regulation

in the following manner:

‘‘(1) N

OTICE TO CONGRESS

.—Not less than 15 business days

prior to issuing a notice of proposed rulemaking in the Federal

Health, Education, Labor, and Pensions of the Senate, the

Committee on Education and the Workforce of the House of

Representatives, and other relevant congressional committees,

notice of the Secretary’s intent to issue a notice of proposed

rulemaking that shall include—

‘‘(A) a copy of the proposed regulation;

‘‘(B) the need to issue the regulation;

‘‘(C) the anticipated burden, including the time, cost,

and paperwork burden, the regulation will impose on State

educational agencies, local educational agencies, schools,

and other entities that may be impacted by the regulation;

‘‘(D) the anticipated benefits to State educational agen-

cies, local educational agencies, schools, and other entities

that may be impacted by the regulation; and

‘‘(E) any regulations that will be repealed when the

new regulation is issued.

‘‘(2) C

OMMENT PERIOD FOR CONGRESS

.—The Secretary

shall—

‘‘(A) before issuing any notice of proposed rulemaking

under this subsection, provide Congress with a comment

period of 15 business days to make comments on the pro-

posed regulation, beginning on the date that the Secretary

provides the notice of intent to the appropriate committees

of Congress under paragraph (1); and

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129 STAT. 1912 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) include and seek to address all comments sub-

mitted by Congress in the public rulemaking record for

the regulation published in the Federal Register.

‘‘(3) C

OMMENT AND REVIEW PERIOD

;

EMERGENCY SITUA

TIONS

.—The comment and review period for any proposed regu-

lation shall be not less than 60 days unless an emergency

requires a shorter period, in which case the Secretary shall—

‘‘(A) designate the proposed regulation as an emergency

with an explanation of the emergency in the notice to

Congress under paragraph (1);

‘‘(B) publish the length of the comment and review

period in such notice and in the Federal Register; and

‘‘(C) conduct immediately thereafter regional meetings

to review such proposed regulation before issuing any final

regulation.’’;

(5) in subsection (d), as redesignated by paragraph (3),

by striking ‘‘Regulations to carry out this part’’ and inserting

‘‘Regulations to carry out this title’’; and

(6) by inserting after subsection (d), as redesignated by

paragraph (3), the following:

‘‘(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section affects

the applicability of subchapter II of chapter 5, and chapter 7,

of title 5, United States Code (commonly known as the ‘Administra-

tive Procedure Act’) or chapter 8 of title 5, United States Code

(commonly known as the ‘Congressional Review Act’).’’.

(b) A

GREEMENTS AND

ECORDS

.—Subsection (a) of section 1602

(20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this

Act, is amended to read as follows:

‘‘(a) A

GREEMENTS

.—In any case in which a negotiated rule-

making process is established under section 1601(b), all published

proposed regulations shall conform to agreements that result from

the rulemaking described in section 1601 unless the Secretary

reopens the negotiated rulemaking process.’’.

TATE

DMINISTRATION

.—Section 1603 (20 U.S.C. 6573),

as redesignated by section 1501(a)(4) of this Act, is further

amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (C), by striking ‘‘and’’ after

the semicolon;

(ii) in subparagraph (D), by striking the period

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(E)(i) identify any duplicative or contrasting require-

ments between the State and Federal rules or regulations;

and

‘‘(ii) eliminate the State rules and regulations that

are duplicative of Federal requirements.’’; and

(B) in paragraph (2), by striking ‘‘the challenging State

student academic achievement standards’’ and inserting

‘‘the challenging State academic standards’’; and

(2) in subsection (b)(2), by striking subparagraphs (C)

through (G) and inserting the following:

‘‘(C) teachers from traditional public schools and

charter schools (if there are charter schools in the State)

and career and technical educators;

‘‘(D) principals and other school leaders;

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129 STAT. 1913 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) parents;

‘‘(F) members of local school boards;

‘‘(G) representatives of private school children;

‘‘(H) specialized instructional support personnel and

paraprofessionals;

‘‘(I) representatives of authorized public chartering

agencies (if there are charter schools in the State); and

‘‘(J) charter school leaders (if there are charter schools

in the State).’’.

TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH-QUALITY TEACH-

ERS, PRINCIPALS, OR OTHER SCHOOL

LEADERS

SEC. 2001. GENERAL PROVISIONS.

(a) T

ITLE

II T

RANSFERS AND

ELATED

MENDMENTS

.—

(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by

striking the matter following paragraph (2) and inserting the

following:

‘‘(3) A State law that makes a limitation of liability inappli-

cable if the civil action was brought by an officer of a State

or local government pursuant to State or local law.’’.

(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is

amended, by striking the subpart designation and heading and

inserting the following:

‘‘Subpart 4—Internet Safety’’.

(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et

seq.) (as amended by paragraph (1) of this subsection) is—

(A) transferred to title IX;

(B) inserted so as to appear after subpart 2 of part

E of such title;

(D) further amended by redesignating sections 2361

through 2368 as sections 9541 through 9548, respectively.

(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et

seq) (as amended by paragraph (2) of this subsection) is—

(A) transferred to title IV;

(B) inserted so as to appear after subpart 4 of part

A of such title;

(D) further amended by redesignating section 2441

as section 4161.

SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.

The Act (20 U.S.C. 6301 et seq.) is amended by striking title

II and inserting the following:

20 USC 6601.

20 USC 6777,

7131.

20 USC 7101.

20 USC

6731–6738,

7941–7948.

20 USC 7801.

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129 STAT. 1914 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH-QUALITY TEACH-

ERS, PRINCIPALS, OR OTHER SCHOOL

LEADERS

‘‘SEC. 2001. PURPOSE.

‘‘The purpose of this title is to provide grants to State edu-

cational agencies and subgrants to local educational agencies to—

‘‘(1) increase student achievement consistent with the chal-

lenging State academic standards;

‘‘(2) improve the quality and effectiveness of teachers, prin-

cipals, and other school leaders;

‘‘(3) increase the number of teachers, principals, and other

school leaders who are effective in improving student academic

achievement in schools; and

‘‘(4) provide low-income and minority students greater

access to effective teachers, principals, and other school leaders.

‘‘SEC. 2002. DEFINITIONS.

‘‘In this title:

‘‘(1) S

CHOOL LEADER RESIDENCY PROGRAM

.—The term

‘school leader residency program’ means a school-based prin-

cipal or other school leader preparation program in which a

prospective principal or other school leader—

‘‘(A) for 1 academic year, engages in sustained and

rigorous clinical learning with substantial leadership

responsibilities and an opportunity to practice and be evalu-

ated in an authentic school setting; and

‘‘(B) during that academic year—

‘‘(i) participates in evidence-based coursework, to

the extent the State (in consultation with local edu-

cational agencies in the State) determines that such

evidence is reasonably available, that is integrated

with the clinical residency experience; and

‘‘(ii) receives ongoing support from a mentor prin-

cipal or other school leader, who is effective.

‘‘(2) S

TATE

.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘(3) S

TATE AUTHORIZER

.—The term ‘State authorizer’ means

an entity designated by the Governor of a State to recognize

teacher, principal, or other school leader preparation academies

within the State that—

‘‘(A) enters into an agreement with a teacher, principal,

or other school leader preparation academy that specifies

the goals expected of the academy, as described in para-

graph (4)(A)(i);

‘‘(B) may be a nonprofit organization, State educational

agency, or other public entity, or consortium of such entities

(including a consortium of States); and

‘‘(C) does not reauthorize a teacher, principal, or other

school leader preparation academy if the academy fails

to produce the minimum number or percentage of effective

teachers or principals or other school leaders, respectively

20 USC 6602.

20 USC 6601.

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129 STAT. 1915 PUBLIC LAW 114–95—DEC. 10, 2015

(as determined by the State), identified in the academy’s

authorizing agreement.

‘‘(4) T

EACHER

PRINCIPAL

OR OTHER SCHOOL LEADER

PREPARATION ACADEMY

.—The term ‘teacher, principal, or other

school leader preparation academy’ means a public or other

nonprofit entity, which may be an institution of higher edu-

cation or an organization affiliated with an institution of higher

education, that establishes an academy that will prepare

teachers, principals, or other school leaders to serve in high-

needs schools, and that—

‘‘(A) enters into an agreement with a State authorizer

that specifies the goals expected of the academy,

including—

‘‘(i) a requirement that prospective teachers, prin-

cipals, or other school leaders who are enrolled in

the academy receive a significant part of their training

through clinical preparation that partners the prospec-

tive candidate with an effective teacher, principal, or

other school leader, as determined by the State, respec-

tively, with a demonstrated record of increasing stu-

dent academic achievement, including for the sub-

groups of students defined in section 1111(c)(2), while

also receiving concurrent instruction from the academy

in the content area (or areas) in which the prospective

teacher, principal, or other school leader will become

certified or licensed that links to the clinical prepara-

tion experience;

‘‘(ii) the number of effective teachers, principals,

or other school leaders, respectively, who will dem-

onstrate success in increasing student academic

achievement that the academy will prepare; and

‘‘(iii) a requirement that the academy will award

a certificate of completion (or degree, if the academy

is, or is affiliated with, an institution of higher edu-

cation) to a teacher only after the teacher demonstrates

that the teacher is an effective teacher, as determined

by the State, with a demonstrated record of increasing

student academic achievement either as a student

teacher or teacher-of-record on an alternative certifi-

cate, license, or credential;

‘‘(iv) a requirement that the academy will award

a certificate of completion (or degree, if the academy

is, or is affiliated with, an institution of higher edu-

cation) to a principal or other school leader only after

the principal or other school leader demonstrates a

record of success in improving student performance;

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;

‘‘(B) does not have unnecessary restrictions on the

methods the academy will use to train prospective teacher,

principal, or other school leader candidates, including—

‘‘(i) obligating (or prohibiting) the academy’s fac-

ulty to hold advanced degrees or conduct academic

research;

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129 STAT. 1916 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) restrictions related to the academy’s physical

infrastructure;

‘‘(iii) restrictions related to the number of course

credits required as part of the program of study;

‘‘(iv) restrictions related to the undergraduate

coursework completed by teachers teaching or working

on alternative certificates, licenses, or credentials, as

long as such teachers have successfully passed all rel-

evant State-approved content area examinations; or

‘‘(v) restrictions related to obtaining accreditation

from an accrediting body for purposes of becoming

an academy;

‘‘(C) limits admission to its program to prospective

teacher, principal, or other school leader candidates who

demonstrate strong potential to improve student academic

achievement, based on a rigorous selection process that

reviews a candidate’s prior academic achievement or record

of professional accomplishment; and

‘‘(D) results in a certificate of completion or degree

that the State may, after reviewing the academy’s results

in producing effective teachers, or principals, or other

school leaders, respectively (as determined by the State)

recognize as at least the equivalent of a master’s degree

in education for the purposes of hiring, retention, com-

pensation, and promotion in the State.

‘‘(5) T

EACHER RESIDENCY PROGRAM

.—The term ‘teacher resi-

dency program’ means a school-based teacher preparation pro-

gram in which a prospective teacher—

‘‘(A) for not less than 1 academic year, teaches along-

side an effective teacher, as determined by the State or

local educational agency, who is the teacher of record for

the classroom;

‘‘(B) receives concurrent instruction during the year

described in subparagraph (A)—

‘‘(i) through courses that may be taught by local

educational agency personnel or by faculty of the

teacher preparation program; and

‘‘(ii) in the teaching of the content area in which

the teacher will become certified or licensed; and

‘‘(C) acquires effective teaching skills, as demonstrated

through completion of a residency program, or other

measure determined by the State, which may include a

teacher performance assessment.

‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) G

RANTS TO

TATES AND

OCAL

DUCATIONAL

GENCIES

.—

For the purpose of carrying out part A, there are authorized to

be appropriated $2,295,830,000 for each of fiscal years 2017 through

2020.

‘‘(b) N

ATIONAL

CTIVITIES

.—For the purpose of carrying out

part B, there are authorized to be appropriated—

‘‘(1) $468,880,575 for each of fiscal years 2017 and 2018;

‘‘(2) $469,168,000 for fiscal year 2019; and

‘‘(3) $489,168,000 for fiscal year 2020.

20 USC 6603.

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129 STAT. 1917 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘PART A—SUPPORTING EFFECTIVE

INSTRUCTION

‘‘SEC. 2101. FORMULA GRANTS TO STATES.

‘‘(a) R

ESERVATION OF

UNDS

.—From the total amount appro-

priated under section 2003(a) for a fiscal year, the Secretary shall

reserve—

‘‘(1) 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 distrib-

uted among those outlying areas on the basis of their relative

need, as determined by the Secretary, in accordance with the

purpose of this title; and

‘‘(2) 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.

‘‘(b) S

TATE

LLOTMENTS

.—

‘‘(1) H

OLD HARMLESS

.—

‘‘(A) F

ISCAL YEARS 2017 THROUGH 2022

.—For each of

fiscal years 2017 through 2022, subject to paragraph (2)

and subparagraph (C), from the funds appropriated under

section 2003(a) for a fiscal year that remain after the

Secretary makes the reservations under subsection (a), the

Secretary shall allot to each State an amount equal to

the total amount that such State received for fiscal year

2001 under—

‘‘(i) section 2202(b) of this Act (as in effect on

the day before the date of enactment of the No Child

Left Behind Act of 2001); and

‘‘(ii) section 306 of the Department of Education

Appropriations Act, 2001 (as enacted into law by sec-

tion 1(a)(1) of Public Law 106–554).

‘‘(B) R

ATABLE REDUCTION

.—If the funds described in

subparagraph (A) are insufficient to pay the full amounts

that all States are eligible to receive under subparagraph

(A) for any fiscal year, the Secretary shall ratably reduce

those amounts for the fiscal year.

‘‘(C) P

ERCENTAGE REDUCTION

.—For each of fiscal years

2017 through 2022, the amount in subparagraph (A) shall

be reduced by a percentage equal to the product of 14.29

percent and the number of years between the fiscal year

for which the determination is being made and fiscal year

2016.

‘‘(2) A

LLOTMENT OF ADDITIONAL FUNDS

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), for

any fiscal year for which the funds appropriated under

section 2003(a) and not reserved under subsection (a)

exceed the total amount required to make allotments under

paragraph (1), the Secretary shall allot to each State the

sum of—

‘‘(i) for fiscal year 2017—

‘‘(I) an amount that bears the same relation-

ship to 35 percent of the excess amount as the

number of individuals aged 5 through 17 in the

State, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the

20 USC 6611.

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129 STAT. 1918 PUBLIC LAW 114–95—DEC. 10, 2015

number of those individuals in all such States,

as so determined; and

‘‘(II) an amount that bears the same relation-

ship to 65 percent of the excess amount as the

number of individuals aged 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;

‘‘(ii) for fiscal year 2018—

‘‘(I) an amount that bears the same relation-

ship to 30 percent of the excess amount as the

number of individuals aged 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 relation-

ship to 70 percent of the excess amount as the

number of individuals aged 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;

‘‘(iii) for fiscal year 2019—

‘‘(I) an amount that bears the same relation-

ship to 25 percent of the excess amount as the

number of individuals aged 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 relation-

ship to 75 percent of the excess amount as the

number of individuals aged 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; and

‘‘(iv) for fiscal year 2020—

‘‘(I) an amount that bears the same relation-

ship to 20 percent of the excess amount as the

number of individuals aged 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 relation-

ship to 80 percent of the excess amount as the

number of individuals aged 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

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129 STAT. 1919 PUBLIC LAW 114–95—DEC. 10, 2015

to the number of those individuals in all such

States, as so determined.

‘‘(B) E

XCEPTION

.—No State receiving an allotment

under subparagraph (A) may receive less than one-half

of 1 percent of the total excess amount allotted under

such subparagraph for a fiscal year.

‘‘(3) F

ISCAL YEAR 2021 AND SUCCEEDING FISCAL YEARS

.—

For fiscal year 2021 and each of the succeeding fiscal years—

‘‘(A) the Secretary shall allot funds appropriated under

section 2003(a) and not reserved under subsection (a) to

each State in accordance with paragraph (2)(A)(iv); and

‘‘(B) the amount appropriated but not reserved shall

be treated as the excess amount.

‘‘(4) R

EALLOTMENT

.—If any State does not apply for an

allotment under this subsection for any fiscal year, the Sec-

retary shall reallot the amount of the allotment to the

remaining States in accordance with this subsection.

‘‘(c) S

TATE

SES OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Except as provided under paragraph

(3), each State that receives an allotment under subsection

(b) for a fiscal year shall reserve not less than 95 percent

of such allotment to make subgrants to local educational agen-

cies for such fiscal year, as described in section 2102.

‘‘(2) S

TATE 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 part.

‘‘(3) P

RINCIPALS OR OTHER SCHOOL LEADERS

.—Notwith-

standing paragraph (1) and in addition to funds otherwise

available for activities under paragraph (4), a State educational

agency may reserve not more than 3 percent of the amount

reserved for subgrants to local educational agencies under para-

graph (1) for one or more of the activities for principals or

other school leaders that are described in paragraph (4).

‘‘(4) S

TATE ACTIVITIES

.—

‘‘(A) I

N GENERAL

.—The State educational agency for

a State that receives an allotment under subsection (b)

may use funds not reserved under paragraph (1) to carry

out 1 or more of the activities described in subparagraph

(B), which may be implemented in conjunction with a State

agency of higher education (if such agencies are separate)

and carried out through a grant or contract with a for-

profit or nonprofit entity, including an institution of higher

education.

‘‘(B) T

YPES OF STATE ACTIVITIES

.—The activities

described in this subparagraph are the following:

‘‘(i) Reforming teacher, principal, or other school

leader certification, recertification, licensing, or tenure

systems or preparation program standards and

approval processes to ensure that—

‘‘(I) teachers have the necessary subject-matter

knowledge and teaching skills, as demonstrated

through measures determined by the State, which

may include teacher performance assessments, in

the academic subjects that the teachers teach to

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129 STAT. 1920 PUBLIC LAW 114–95—DEC. 10, 2015

help students meet challenging State academic

standards;

‘‘(II) principals or other school leaders have

the instructional leadership skills to help teachers

teach and to help students meet such challenging

State academic standards; and

‘‘(III) teacher certification or licensing require-

ments are aligned with such challenging State aca-

demic standards.

‘‘(ii) Developing, improving, or providing assistance

to local educational agencies to support the design

and implementation of teacher, principal, or other

school leader evaluation and support systems that are

based in part on evidence of student academic achieve-

ment, which may include student growth, and shall

include multiple measures of educator performance and

provide clear, timely, and useful feedback to teachers,

principals, or other school leaders, such as by—

‘‘(I) developing and disseminating high-quality

evaluation tools, such as classroom observation

rubrics, and methods, including training and

auditing, for ensuring inter-rater reliability of

evaluation results;

‘‘(II) developing and providing training to prin-

cipals, other school leaders, coaches, mentors, and

evaluators on how to accurately differentiate

performance, provide useful and timely feedback,

and use evaluation results to inform decision-

making about professional development, improve-

ment strategies, and personnel decisions; and

‘‘(III) developing a system for auditing the

quality of evaluation and support systems.

‘‘(iii) Improving equitable access to effective

teachers.

‘‘(iv) Carrying out programs that establish, expand,

or improve alternative routes for State certification

of teachers (especially for teachers of children with

disabilities, English learners, science, technology,

engineering, mathematics, or other areas where the

State experiences a shortage of educators), principals,

or other school leaders, for—

‘‘(I) individuals with a baccalaureate or mas-

ter’s degree, or other advanced degree;

‘‘(II) mid-career professionals from other

occupations;

‘‘(III) paraprofessionals;

‘‘(IV) former military personnel; and

‘‘(V) recent graduates of institutions of higher

education with records of academic distinction who

demonstrate the potential to become effective

teachers, principals, or other school leaders.

‘‘(v) Developing, improving, and implementing

mechanisms to assist local educational agencies and

schools in effectively recruiting and retaining teachers,

principals, or other school leaders who are effective

in improving student academic achievement, including

effective teachers from underrepresented minority

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129 STAT. 1921 PUBLIC LAW 114–95—DEC. 10, 2015

groups and teachers with disabilities, such as

through—

‘‘(I) opportunities for effective teachers to lead

evidence-based (to the extent the State determines

that such evidence is reasonably available) profes-

sional development for the peers of such effective

teachers; and

‘‘(II) providing training and support for teacher

leaders and principals or other school leaders who

are recruited as part of instructional leadership

teams.

‘‘(vi) 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.

‘‘(vii) Developing, or assisting local educational

agencies in developing—

‘‘(I) career opportunities and advancement ini-

tiatives that promote professional growth and

emphasize multiple career paths, such as instruc-

tional coaching and mentoring (including hybrid

roles that allow instructional coaching and men-

toring while remaining in the classroom), school

leadership, and involvement with school improve-

ment and support;

‘‘(II) strategies that provide differential pay,

or other incentives, to recruit and retain teachers

in high-need academic subjects and teachers, prin-

cipals, or other school leaders, in low-income

schools and school districts, which may include

performance-based pay systems; and

‘‘(III) new teacher, principal, or other school

leader induction and mentoring programs that are,

to the extent the State determines that such evi-

dence is reasonably available, evidence-based, and

designed to—

‘‘(aa) improve classroom instruction and

student learning and achievement, including

through improving school leadership pro-

grams; and

‘‘(bb) increase the retention of effective

teachers, principals, or other school leaders.

‘‘(viii) 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

and prepare all students to meet the challenging State

academic standards.

‘‘(ix) Supporting efforts to train teachers, prin-

cipals, or other school leaders to effectively integrate

technology into curricula and instruction, which may

include training to assist teachers in implementing

blended learning (as defined in section 4102(1))

projects.

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129 STAT. 1922 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(x) Providing training, technical assistance, and

capacity-building to local educational agencies that

receive a subgrant under this part.

‘‘(xi) Reforming or improving teacher, principal,

or other school leader preparation programs, such as

through establishing teacher residency programs and

school leader residency programs.

‘‘(xii) Establishing or expanding teacher, principal,

or other school leader preparation academies, with an

amount of the funds described in subparagraph (A)

that is not more than 2 percent of the State’s allotment,

if—

‘‘(I) allowable under State law;

‘‘(II) the State enables candidates attending

a teacher, principal, or other school leader prepara-

tion academy to be eligible for State financial aid

to the same extent as participants in other State-

approved teacher or principal preparation pro-

grams, including alternative certification, licen-

sure, or credential programs; and

‘‘(III) the State enables teachers, principals,

or other school leaders who are teaching or

working while on alternative certificates, licenses,

or credentials to teach or work in the State while

enrolled in a teacher, principal, or other school

leader preparation academy.

‘‘(xiii) Supporting the instructional services pro-

vided by effective school library programs.

‘‘(xiv) Developing, or assisting local educational

agencies in developing, strategies that provide

teachers, principals, or other school leaders with the

skills, credentials, or certifications needed to educate

all students in postsecondary education coursework

through early college high school or dual or concurrent

enrollment programs.

‘‘(xv) Providing training for all school personnel,

including teachers, principals, other school leaders,

specialized instructional support personnel, and para-

professionals, regarding how to prevent and recognize

child sexual abuse.

‘‘(xvi) Supporting opportunities for principals,

other school leaders, teachers, paraprofessionals, early

childhood education program directors, and other early

childhood education program providers to participate

in joint efforts to address the transition to elementary

school, including issues related to school readiness.

‘‘(xvii) Developing and providing professional

development and other comprehensive systems of sup-

port for teachers, principals, or other school leaders

to promote high-quality instruction and instructional

leadership in science, technology, engineering, and

mathematics subjects, including computer science.

‘‘(xviii) Supporting the professional development

and improving the instructional strategies of teachers,

principals, or other school leaders to integrate career

and technical education content into academic instruc-

tional practices, which may include training on best

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129 STAT. 1923 PUBLIC LAW 114–95—DEC. 10, 2015

practices to understand State and regional workforce

needs and transitions to postsecondary education and

the workforce.

‘‘(xix) Enabling States, as a consortium, to volun-

tarily develop a process that allows teachers who are

licensed or certified in a participating State to teach

in other participating States without completing addi-

tional licensure or certification requirements, except

that nothing in this clause shall be construed to allow

the Secretary to exercise any direction, supervision,

or control over State teacher licensing or certification

requirements.

‘‘(xx) Supporting and developing efforts to train

teachers on the appropriate use of student data to

ensure that individual student privacy is protected as

required by section 444 of the General Education Provi-

sions Act (commonly known as the ‘Family Educational

Rights and Privacy Act of 1974’) (20 U.S.C. 1232g)

and in accordance with State student privacy laws

and local educational agency student privacy and tech-

nology use policies.

‘‘(xxi) Supporting other activities identified by the

State that are, to the extent the State determines

that such evidence is reasonably available, evidence-

based and that meet the purpose of this title.

‘‘(d) S

TATE

PPLICATION

.—

‘‘(1) I

N GENERAL

.—In order to receive an allotment under

this section for any fiscal year, a State shall submit an applica-

tion to the Secretary at such time and in such manner as

the Secretary may reasonably require.

‘‘(2) C

ONTENTS

.—Each application described under para-

graph (1) shall include the following:

‘‘(A) A description of how the State educational agency

will use funds received under this title for State-level activi-

ties described in subsection (c).

‘‘(B) A description of the State’s system of certification

and licensing of teachers, principals, or other school leaders.

‘‘(C) A description of how activities under this part

are aligned with challenging State academic standards.

‘‘(D) A description of how the activities carried out

with funds under this part are expected to improve student

achievement.

‘‘(E) If a State educational agency plans to use funds

under this part to improve equitable access to effective

teachers, consistent with section 1111(g)(1)(B), a descrip-

tion of how such funds will be used for such purpose.

‘‘(F) If applicable, a description of how the State edu-

cational agency will work with local educational agencies

in the State to develop or implement State or local teacher,

principal, or other school leader evaluation and support

systems that meet the requirements of subsection

(c)(4)(B)(ii).

‘‘(G) An assurance that the State educational agency

will monitor the implementation of activities under this

part and provide technical assistance to local educational

agencies in carrying out such activities.

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129 STAT. 1924 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(H) An assurance that the State educational agency

will work in consultation with the entity responsible for

teacher, principal, or other school leader professional stand-

ards, certification, and licensing for the State, and encour-

age collaboration between educator preparation programs,

the State, and local educational agencies to promote the

readiness of new educators entering the profession.

‘‘(I) An assurance that the State educational agency

will comply with section 8501 (regarding participation by

private school children and teachers).

‘‘(J) A description of how the State educational agency

will improve the skills of teachers, principals, or other

school leaders in order to enable them to identify students

with specific learning needs, particularly children with

disabilities, English learners, students who are gifted and

talented, and students with low literacy levels, and provide

instruction based on the needs of such students.

‘‘(K) A description of how the State will use data and

ongoing consultation as described in paragraph (3) to

continually update and improve the activities supported

under this part.

‘‘(L) A description of how the State educational agency

will encourage opportunities for increased autonomy and

flexibility for teachers, principals, or other school leaders,

such as by establishing innovation schools that have a

high degree of autonomy over budget and operations, are

transparent and accountable to the public, and lead to

improved academic outcomes for students.

‘‘(M) A description of actions the State may take to

improve preparation programs and strengthen support for

teachers, principals, or other school leaders based on the

needs of the State, as identified by the State educational

agency.

‘‘(3) C

ONSULTATION

.—In developing the State application

under this subsection, a State shall—

‘‘(A) meaningfully consult with teachers, principals,

other school leaders, paraprofessionals (including organiza-

tions representing such individuals), specialized instruc-

tional support personnel, charter school leaders (in a State

that has charter schools), parents, community partners,

and other organizations or partners with relevant and dem-

onstrated expertise in programs and activities designed

to meet the purpose of this title;

‘‘(B) seek advice from the individuals, organizations,

or partners described in subparagraph (A) regarding how

best to improve the State’s activities to meet the purpose

of this title; and

‘‘(C) coordinate the State’s activities under this part

with other related strategies, programs, and activities being

conducted in the State.

‘‘(4) L

IMITATION

.—Consultation required under paragraph

(3) shall not interfere with the timely submission of the applica-

tion required under this section.

‘‘(e) P

ROHIBITION

.—Nothing in this section shall be construed

to authorize the Secretary or any other officer or employee of

the Federal Government to mandate, direct, or control any of the

following:

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129 STAT. 1925 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) The development, improvement, or implementation of

elements of any teacher, principal, or other school leader

evaluation system.

‘‘(2) Any State or local educational agency’s definition of

teacher, principal, or other school leader effectiveness.

‘‘(3) Any teacher, principal, or other school leader profes-

sional standards, certification, or licensing.

‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) A

LLOCATION OF

UNDS TO

OCAL

DUCATIONAL

GEN

CIES

.—

‘‘(1) I

N GENERAL

.—From funds reserved by a State under

section 2101(c)(1) for a fiscal year, the State, acting through

the State educational agency, shall award subgrants to eligible

local educational agencies from allocations described in para-

graph (2).

‘‘(2) A

LLOCATION 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 such funds for such fiscal year as the number

of individuals aged 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 eligible 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 aged 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 eligible local educational agencies in the State,

as so determined.

‘‘(3) R

ULE OF CONSTRUCTION

.—Nothing in this section shall

be construed to prohibit a consortium of local educational agen-

cies that are designated with a locale code of 41, 42, or 43,

or such local educational agencies designated with a locale

code of 41, 42, or 43 that work in cooperation with an edu-

cational service agency, from voluntarily combining allocations

received under this part for the collective use of funding by

the consortium for activities under this section.

‘‘(b) L

OCAL

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—To be eligible to receive a subgrant under

this section, a local educational agency shall submit an applica-

tion to the State educational agency at such time, in such

manner, and containing such information as the State edu-

cational agency may reasonably require.

‘‘(2) C

ONTENTS OF APPLICATION

.—Each application sub-

mitted under paragraph (1) shall include the following:

‘‘(A) 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 challenging State

academic standards.

20 USC 6612.

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129 STAT. 1926 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) A description of the local educational agency’s

systems of professional growth and improvement, such as

induction for teachers, principals, or other school leaders

and opportunities for building the capacity of teachers and

opportunities to develop meaningful teacher leadership.

‘‘(C) A description of how the local educational agency

will prioritize funds to schools served by the agency that

are implementing comprehensive support and improvement

activities and targeted support and improvement activities

under section 1111(d) and have the highest percentage

of children counted under section 1124(c).

‘‘(D) A description of how the local educational agency

will use data and ongoing consultation described in para-

graph (3) to continually update and improve activities sup-

ported under this part.

‘‘(E) An assurance that the local educational agency

will comply with section 8501 (regarding participation by

private school children and teachers).

‘‘(F) An assurance that the local educational agency

will coordinate professional development activities author-

ized under this part with professional development activi-

ties provided through other Federal, State, and local pro-

grams.

‘‘(3) C

ONSULTATION

.—In developing the application

described in paragraph (2), a local educational agency shall—

‘‘(A) meaningfully consult with teachers, principals,

other school leaders, paraprofessionals (including organiza-

tions representing such individuals), specialized instruc-

tional support personnel, charter school leaders (in a local

educational agency that has charter schools), parents,

community partners, and other organizations or partners

with relevant and demonstrated expertise in programs and

activities designed to meet the purpose of this title;

‘‘(B) seek advice from the individuals and organizations

described in subparagraph (A) regarding how best to

improve the local educational agency’s activities to meet

the purpose of this title; and

‘‘(C) coordinate the local educational agency’s activities

under this part with other related strategies, programs,

and activities being conducted in the community.

‘‘(4) L

IMITATION

.—Consultation required under paragraph

(3) shall not interfere with the timely submission of the applica-

tion required under this section.

‘‘SEC. 2103. LOCAL USES OF FUNDS.

‘‘(a) I

ENERAL

.—A local educational agency that receives

a subgrant under section 2102 shall use the funds made available

through the subgrant to develop, implement, and evaluate com-

prehensive programs and activities described in subsection (b),

which may be carried out—

‘‘(1) through a grant or contract with a for-profit or non-

profit entity; or

‘‘(2) in partnership with an institution of higher education

or an Indian tribe or tribal organization (as such terms are

defined under section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b)).

20 USC 6613.

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129 STAT. 1927 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) T

YPES OF

CTIVITIES

.—The programs and activities

described in this subsection—

‘‘(1) shall be in accordance with the purpose of this title;

‘‘(2) shall address the learning needs of all students,

including children with disabilities, English learners, and gifted

and talented students; and

‘‘(3) may include, among other programs and activities—

‘‘(A) developing or improving a rigorous, transparent,

and fair evaluation and support system for teachers, prin-

cipals, or other school leaders that—

‘‘(i) is based in part on evidence of student achieve-

ment, which may include student growth; and

‘‘(ii) shall include multiple measures of educator

performance and provide clear, timely, and useful feed-

back to teachers, principals, or other school leaders;

‘‘(B) developing and implementing initiatives to assist

in recruiting, hiring, and retaining effective teachers,

particularly in low-income schools with high percentages

of ineffective teachers and high percentages of students

who do not meet the challenging State academic standards,

to improve within-district equity in the distribution of

teachers, consistent with section 1111(g)(1)(B), such as ini-

tiatives that provide—

‘‘(i) expert help in screening candidates and

enabling early hiring;

‘‘(ii) differential and incentive pay for teachers,

principals, or other school leaders in high-need aca-

demic subject areas and specialty areas, which may

include performance-based pay systems;

‘‘(iii) teacher, paraprofessional, principal, or other

school leader advancement and professional growth,

and an emphasis on leadership opportunities, multiple

career paths, and pay differentiation;

‘‘(iv) new teacher, principal, or other school leader

induction and mentoring programs that are designed

to—

‘‘(I) improve classroom instruction and student

learning and achievement; and

‘‘(II) increase the retention of effective

teachers, principals, or other school leaders;

‘‘(v) the development and provision of training for

school leaders, coaches, mentors, and evaluators on

how accurately to differentiate performance, provide

useful feedback, and use evaluation results to inform

decisionmaking about professional development,

improvement strategies, and personnel decisions; and

‘‘(vi) a system for auditing the quality of evaluation

and support systems;

‘‘(C) recruiting qualified individuals from other fields

to become teachers, principals, or other school leaders,

including mid-career professionals from other occupations,

former military personnel, and recent graduates of institu-

tions of higher education with records of academic distinc-

tion who demonstrate potential to become effective

teachers, principals, or other school leaders;

‘‘(D) reducing class size to a level that is evidence-

based, to the extent the State (in consultation with local

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129 STAT. 1928 PUBLIC LAW 114–95—DEC. 10, 2015

educational agencies in the State) determines that such

evidence is reasonably available, to improve student

achievement through the recruiting and hiring of additional

effective teachers;

‘‘(E) providing high-quality, personalized professional

development that is evidence-based, to the extent the State

(in consultation with local educational agencies in the

State) determines that such evidence is reasonably avail-

able, for teachers, instructional leadership teams, prin-

cipals, or other school leaders, that is focused on improving

teaching and student learning and achievement, including

supporting efforts to train teachers, principals, or other

school leaders to—

‘‘(i) effectively integrate technology into curricula

and instruction (including education about the harms

of copyright piracy);

‘‘(ii) use data to improve student achievement and

understand how to ensure individual student privacy

is protected, as required under section 444 of the Gen-

eral Education Provisions Act (commonly known as

the ‘Family Educational Rights and Privacy Act of

1974’) (20 U.S.C. 1232g) and State and local policies

and laws in the use of such data;

‘‘(iii) effectively engage parents, families, and

community partners, and coordinate services between

school and community;

‘‘(iv) help all students develop the skills essential

for learning readiness and academic success;

‘‘(v) develop policy with school, local educational

agency, community, or State leaders; and

‘‘(vi) participate in opportunities for experiential

learning through observation;

‘‘(F) developing programs and activities that increase

the ability of teachers to effectively teach children with

disabilities, including children with significant cognitive

disabilities, and English learners, which may include the

use of multi-tier systems of support and positive behavioral

intervention and supports, so that such children with

disabilities and English learners can meet the challenging

State academic standards;

‘‘(G) providing programs and activities to increase—

‘‘(i) the knowledge base of teachers, principals, or

other school leaders on instruction in the early grades

and on strategies to measure whether young children

are progressing; and

‘‘(ii) the ability of principals or other school leaders

to support teachers, teacher leaders, early childhood

educators, and other professionals to meet the needs

of students through age 8, which may include providing

joint professional learning and planning activities for

school staff and educators in preschool programs that

address the transition to elementary school;

‘‘(H) providing training, technical assistance, and

capacity-building in local educational agencies to assist

teachers, principals, or other school leaders with selecting

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129 STAT. 1929 PUBLIC LAW 114–95—DEC. 10, 2015

and implementing formative assessments, designing class-

room-based assessments, and using data from such assess-

ments to improve instruction and student academic

achievement, which may include providing additional time

for teachers to review student data and respond, as appro-

priate;

‘‘(I) carrying out in-service training for school personnel

in—

‘‘(i) the techniques and supports needed to help

educators understand when and how to refer students

affected by trauma, and children with, or at risk of,

mental illness;

‘‘(ii) the use of referral mechanisms that effectively

link such children to appropriate treatment and inter-

vention services in the school and in the community,

where appropriate;

‘‘(iii) forming partnerships between school-based

mental health programs and public or private mental

health organizations; and

‘‘(iv) addressing issues related to school conditions

for student learning, such as safety, peer interaction,

drug and alcohol abuse, and chronic absenteeism;

‘‘(J) providing training to support the identification

of students who are gifted and talented, including high-

ability students who have not been formally identified for

gifted education services, and implementing instructional

practices that support the education of such students, such

as—

‘‘(i) early entrance to kindergarten;

‘‘(ii) enrichment, acceleration, and curriculum com-

pacting activities; and

‘‘(iii) dual or concurrent enrollment programs in

secondary school and postsecondary education;

‘‘(K) supporting the instructional services provided by

effective school library programs;

‘‘(L) providing training for all school personnel,

including teachers, principals, other school leaders, special-

ized instructional support personnel, and paraprofessionals,

regarding how to prevent and recognize child sexual abuse;

‘‘(M) developing and providing professional develop-

ment and other comprehensive systems of support for

teachers, principals, or other school leaders to promote

high-quality instruction and instructional leadership in

science, technology, engineering, and mathematics subjects,

including computer science;

‘‘(N) developing feedback mechanisms to improve school

working conditions, including through periodically and pub-

licly reporting results of educator support and working

conditions feedback;

‘‘(O) providing high-quality professional development

for teachers, principals, or other school leaders on effective

strategies to integrate rigorous academic content, career

and technical education, and work-based learning (if appro-

priate), which may include providing common planning

time, to help prepare students for postsecondary education

and the workforce; and

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129 STAT. 1930 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(P) carrying out other activities that are evidence-

based, to the extent the State (in consultation with local

educational agencies in the State) determines that such

evidence is reasonably available, and identified by the local

educational agency that meet the purpose of this title.

‘‘SEC. 2104. REPORTING.

‘‘(a) S

TATE

EPORT

.—Each State educational agency receiving

funds under this part shall annually submit to the Secretary a

report that provides—

‘‘(1) a description of how the State is using grant funds

received under this part to meet the purpose of this title,

and how such chosen activities improved teacher, principal,

or other school leader effectiveness, as determined by the State

or local educational agency;

‘‘(2) if funds are used under this part to improve equitable

access to teachers for low-income and minority students, con-

sistent with section 1111(g)(1)(B), a description of how funds

have been used to improve such access;

‘‘(3) for a State that implements a teacher, principal, or

other school leader evaluation and support system, consistent

with section 2101(c)(4)(B)(ii), using funds under this part, the

evaluation results of teachers, principals, or other school

leaders, except that such information shall not provide person-

ally identifiable information on individual teachers, principals,

or other school leaders; and

‘‘(4) where available, the annual retention rates of effective

and ineffective teachers, principals, or other school leaders,

using any methods or criteria the State has or develops under

section 1111(g)(2)(A), except that nothing in this paragraph

shall be construed to require any State educational agency

or local educational agency to collect and report any data the

State educational agency or local educational agency is not

collecting or reporting as of the day before the date of enactment

of the Every Student Succeeds Act.

‘‘(b) L

OCAL

DUCATIONAL

GENCY

EPORT

.—Each local edu-

cational agency receiving funds under this part shall submit to

the State educational agency such information as the State requires,

which shall include the information described in subsection (a)

for the local educational agency.

‘‘(c) A

VAILABILITY

.—The reports and information provided under

subsections (a) and (b) shall be made readily available to the public.

‘‘(d) L

IMITATION

.—The reports and information provided under

subsections (a) and (b) shall not reveal personally identifiable

information about any individual.

‘‘PART B—NATIONAL ACTIVITIES

‘‘SEC. 2201. RESERVATIONS.

‘‘From the amounts appropriated under section 2003(b) for a

fiscal year, the Secretary shall reserve—

‘‘(1) to carry out activities authorized under subpart 1—

‘‘(A) 49.1 percent for each of fiscal years 2017 through

2019; and

‘‘(B) 47 percent for fiscal year 2020;

‘‘(2) to carry out activities authorized under subpart 2—

20 USC 6621.

20 USC 6614.

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129 STAT. 1931 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) 34.1 percent for each of fiscal years 2017 through

2019; and

‘‘(B) 36.8 percent for fiscal year 2020;

‘‘(3) to carry out activities authorized under subpart 3,

1.4 percent for each of fiscal years 2017 through 2020; and

‘‘(4) to carry out activities authorized under subpart 4—

‘‘(A) 15.4 percent for each of fiscal years 2017 through

2019; and

‘‘(B) 14.8 percent for fiscal year 2020.

‘‘Subpart 1—Teacher and School Leader Incentive

Program

‘‘SEC. 2211. PURPOSES; DEFINITIONS.

‘‘(a) P

URPOSES

.—The purposes of this subpart are—

‘‘(1) to assist States, local educational agencies, and non-

profit organizations to develop, implement, improve, or expand

comprehensive performance-based compensation systems or

human capital management systems for teachers, principals,

or other school leaders (especially for teachers, principals, or

other school leaders in high-need schools) who raise student

academic achievement and close the achievement gap between

high- and low-performing students; and

‘‘(2) to study and review performance-based compensation

systems or human capital management systems for teachers,

principals, or other school leaders to evaluate the effectiveness,

fairness, quality, consistency, and reliability of the systems.

‘‘(b) D

EFINITIONS

.—In this subpart:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means—

‘‘(A) a local educational agency, including a charter

school that is a local educational agency, or a consortium

of local educational agencies;

‘‘(B) a State educational agency or other State agency

designated by the chief executive of a State to participate

under this subpart;

‘‘(C) the Bureau of Indian Education; or

‘‘(D) a partnership consisting of—

‘‘(i) 1 or more agencies described in subparagraph

(A), (B), or (C); and

‘‘(ii) at least 1 nonprofit or for-profit entity.

‘‘(2) H

IGH

NEED SCHOOL

.—The term ‘high-need school’

means a public elementary school or secondary school that

is located in an area in which the percentage of students

from families with incomes below the poverty line is 30 percent

or more.

‘‘(3) H

UMAN CAPITAL MANAGEMENT SYSTEM

.—The term

‘human capital management system’ means a system—

‘‘(A) by which a local educational agency makes and

implements human capital decisions, such as decisions on

preparation, recruitment, hiring, placement, retention, dis-

missal, compensation, professional development, tenure,

and promotion; and

‘‘(B) that includes a performance-based compensation

system.

‘‘(4) P

ERFORMANCE

BASED COMPENSATION SYSTEM

.—The

term ‘performance-based compensation system’ means a system

20 USC 6631.

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129 STAT. 1932 PUBLIC LAW 114–95—DEC. 10, 2015

of compensation for teachers, principals, or other school

leaders—

‘‘(A) that differentiates levels of compensation based

in part on measurable increases in student academic

achievement; and

‘‘(B) which may include—

‘‘(i) differentiated levels of compensation, which

may include bonus pay, on the basis of the employment

responsibilities and success of effective teachers, prin-

cipals, or other school leaders in hard-to-staff schools

or high-need subject areas; and

‘‘(ii) recognition of the skills and knowledge of

teachers, principals, or other school leaders as dem-

onstrated through—

‘‘(I) successful fulfillment of additional respon-

sibilities or job functions, such as teacher leader-

ship roles; and

‘‘(II) evidence of professional achievement and

mastery of content knowledge and superior

teaching and leadership skills.

‘‘SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

‘‘(a) G

RANTS

UTHORIZED

.—From the amounts reserved by the

Secretary under section 2201(1), the Secretary shall award grants,

on a competitive basis, to eligible entities to enable the eligible

entities to develop, implement, improve, or expand performance-

based compensation systems or human capital management sys-

tems, in schools served by the eligible entity.

‘‘(b) D

URATION OF

RANTS

.—

‘‘(1) I

N GENERAL

.—A grant awarded under this subpart

shall be for a period of not more than 3 years.

‘‘(2) R

ENEWAL

.—The Secretary may renew a grant awarded

under this subpart for a period of not more than 2 years

if the grantee demonstrates to the Secretary that the grantee

is effectively using funds. Such renewal may include allowing

the grantee to scale up or replicate the successful program.

‘‘(3) L

IMITATION

.—A local educational agency may receive

(whether individually or as part of a consortium or partnership)

a grant under this subpart, as amended by the Every Student

Succeeds Act, only twice.

‘‘(c) A

PPLICATIONS

.—An eligible entity desiring a grant under

this subpart 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 or human capital management system that the eligible

entity proposes to develop, implement, improve, or expand

through the grant;

‘‘(2) a description of the most significant gaps or

insufficiencies in student access to effective teachers, principals,

or other school leaders in high-need schools, including gaps

or inequities in how effective teachers, principals, or other

school leaders are distributed across the local educational

agency, as identified using factors such as data on school

resources, staffing patterns, school environment, educator sup-

port systems, and other school-level factors;

20 USC 6632.

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129 STAT. 1933 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) a description and evidence of the support and commit-

ment from teachers, principals, or other school leaders, which

may include charter school leaders, in the school (including

organizations representing teachers, principals, or other school

leaders), the community, and the local educational agency to

the activities proposed under the grant;

‘‘(4) a description of how the eligible entity will develop

and implement a fair, rigorous, valid, reliable, and objective

process to evaluate teacher, principal, or other school leader

performance under the system that is based in part on meas-

ures of student academic achievement, including the baseline

performance against which evaluations of improved perform-

ance will be made;

‘‘(5) a description of the local educational agencies or schools

to be served under the grant, including such student academic

achievement, demographic, and socioeconomic information as

the Secretary may request;

‘‘(6) a description of the effectiveness of teachers, principals,

or other school leaders in the local educational agency and

the schools to be served under the grant and the extent to

which the system will increase the effectiveness of teachers,

principals, or other school leaders in such schools;

‘‘(7) a description of how the eligible entity will use grant

funds under this subpart in each year of the grant, including

a timeline for implementation of such activities;

‘‘(8) a description of how the eligible entity will continue

the activities assisted under the grant after the grant period

ends;

‘‘(9) a description of the State, local, or other public or

private funds that will be used to supplement the grant,

including funds under part A, and sustain the activities assisted

under the grant after the end of the grant period;

‘‘(10) a description of—

‘‘(A) the rationale for the project;

‘‘(B) how the proposed activities are evidence-based;

and

‘‘(C) if applicable, the prior experience of the eligible

entity in developing and implementing such activities; and

‘‘(11) a description of how activities funded under this

subpart will be evaluated, monitored, and publically reported.

‘‘(d) A

WARD

ASIS

.—

‘‘(1) P

RIORITY

.—In awarding a grant under this subpart,

the Secretary shall give priority to an eligible entity that con-

centrates the activities proposed to be assisted under the grant

on teachers, principals, or other school leaders serving in high-

need schools.

‘‘(2) E

QUITABLE DISTRIBUTION

.—To the extent practicable,

the Secretary shall ensure an equitable geographic distribution

of grants under this subpart, including the distribution of such

grants between rural and urban areas.

‘‘(e) U

SE OF

UNDS

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives a grant

under this subpart shall use the grant funds to develop, imple-

ment, improve, or expand, in collaboration with teachers, prin-

cipals, other school leaders, and members of the public, a

performance-based compensation system or human capital

management system consistent with this subpart.

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129 STAT. 1934 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) A

UTHORIZED ACTIVITIES

.—Grant funds under this sub-

part may be used for one or more of the following:

‘‘(A) Developing or improving an evaluation and sup-

port system, including as part of a human capital manage-

ment system as applicable, that—

‘‘(i) reflects clear and fair measures of teacher,

principal, or other school leader performance, based

in part on demonstrated improvement in student aca-

demic achievement; and

‘‘(ii) provides teachers, principals, or other school

leaders with ongoing, differentiated, targeted, and

personalized support and feedback for improvement,

including professional development opportunities

designed to increase effectiveness.

‘‘(B) Conducting outreach within a local educational

agency or a State to gain input on how to construct an

evaluation and support system described in subparagraph

(A) and to develop support for the evaluation and support

system, including by training appropriate personnel in how

to observe and evaluate teachers, principals, or other school

leaders.

‘‘(C) Providing principals or other school leaders with—

‘‘(i) balanced autonomy to make budgeting, sched-

uling, and other school-level decisions in a manner

that meets the needs of the school without compro-

mising the intent or essential components of the poli-

cies of the local educational agency or State; and

‘‘(ii) authority to make staffing decisions that meet

the needs of the school, such as building an instruc-

tional leadership team that includes teacher leaders

or offering opportunities for teams or pairs of effective

teachers or candidates to teach or start teaching in

high-need schools together.

‘‘(D) Implementing, as part of a comprehensive

performance-based compensation system, a differentiated

salary structure, which may include bonuses and stipends,

to—

‘‘(i) teachers who—

‘‘(I) teach in—

‘‘(aa) high-need schools; or

‘‘(bb) high-need subjects;

‘‘(II) raise student academic achievement; or

‘‘(III) take on additional leadership responsibil-

ities; or

‘‘(ii) principals or other school leaders who serve

in high-need schools and raise student academic

achievement in the schools.

‘‘(E) Improving the local educational agency’s system

and process for the recruitment, selection, placement, and

retention of effective teachers, principals, or other school

leaders in high-need schools, such as by improving local

educational agency policies and procedures to ensure that

high-need schools are competitive and timely in—

‘‘(i) attracting, hiring, and retaining effective edu-

cators;

‘‘(ii) offering bonuses or higher salaries to effective

educators; or

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129 STAT. 1935 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) establishing or strengthening school leader

residency programs and teacher residency programs.

‘‘(F) Instituting career advancement opportunities

characterized by increased responsibility and pay that

reward and recognize effective teachers, principals, or other

school leaders in high-need schools and enable them to

expand their leadership and results, such as through

teacher-led professional development, mentoring, coaching,

hybrid roles, administrative duties, and career ladders.

‘‘(f) M

ATCHING

EQUIREMENT

.—Each eligible entity that

receives a grant under this subpart 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.

‘‘(g) S

UPPLEMENT

, N

UPPLANT

.—Grant funds provided under

this subpart shall be used to supplement, not supplant, other Fed-

eral or State funds available to carry out activities described in

this subpart.

‘‘SEC. 2213. REPORTS.

‘‘(a) A

CTIVITIES

UMMARY

.—Each eligible entity receiving a

grant under this subpart shall provide to the Secretary a summary

of the activities assisted under the grant.

‘‘(b) R

EPORT

.—The Secretary shall provide to Congress an

annual report on the implementation of the program carried out

under this subpart, including—

‘‘(1) information on eligible entities that received grant

funds under this subpart, including—

‘‘(A) information provided by eligible entities to the

Secretary in the applications submitted under section

2212(c);

‘‘(B) the summaries received under subsection (a); and

‘‘(C) grant award amounts; and

‘‘(2) student academic achievement and, as applicable,

growth data from the schools participating in the programs

supported under the grant.

‘‘(c) E

VALUATION AND

ECHNICAL

SSISTANCE

.—

‘‘(1) R

ESERVATION OF FUNDS

.—Of the total amount reserved

for this subpart for a fiscal year, the Secretary may reserve

for such fiscal year not more than 1 percent for the cost of

the evaluation under paragraph (2) and for technical assistance

in carrying out this subpart.

‘‘(2) E

VALUATION

.—From amounts reserved under para-

graph (1), the Secretary, acting through the Director of the

Institute of Education Sciences, shall carry out an independent

evaluation to measure the effectiveness of the program assisted

under this subpart.

‘‘(3) C

ONTENTS

.—The evaluation under paragraph (2) shall

measure—

‘‘(A) the effectiveness of the program in improving stu-

dent academic achievement;

‘‘(B) the satisfaction of the participating teachers, prin-

cipals, or other school leaders; and

‘‘(C) the extent to which the program assisted the

eligible entities in recruiting and retaining high-quality

teachers, principals, or other school leaders, especially in

high-need subject areas.

20 USC 6633.

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129 STAT. 1936 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Subpart 2—Literacy Education for All, Results

for the Nation

‘‘SEC. 2221. PURPOSES; DEFINITIONS.

‘‘(a) P

URPOSES

.—The purposes of this subpart are—

‘‘(1) to improve student academic achievement in reading

and writing by providing Federal support to States to develop,

revise, or update comprehensive literacy instruction plans that,

when implemented, ensure high-quality instruction and effec-

tive strategies in reading and writing from early education

through grade 12; and

‘‘(2) for States to provide targeted subgrants to early child-

hood education programs and local educational agencies and

their public or private partners to implement evidence-based

programs that ensure high-quality comprehensive literacy

instruction for students most in need.

‘‘(b) D

EFINITIONS

.—In this subpart:

‘‘(1) C

OMPREHENSIVE LITERACY INSTRUCTION

.—The term

‘comprehensive literacy instruction’ means instruction that—

‘‘(A) includes developmentally appropriate, contextually

explicit, and systematic instruction, and frequent practice,

in reading and writing across content areas;

‘‘(B) includes age-appropriate, explicit, systematic, and

intentional instruction in phonological awareness, phonic

decoding, vocabulary, language structure, reading fluency,

and reading comprehension;

‘‘(C) 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 feed-

back from instructional staff;

‘‘(D) makes available and uses diverse, high-quality

print materials that reflect the reading and development

levels, and interests, of children;

‘‘(E) uses differentiated instructional approaches,

including individual and small group instruction and

discussion;

‘‘(F) provides opportunities for children to use language

with peers and adults in order to develop language skills,

including developing vocabulary;

‘‘(G) includes frequent practice of reading and writing

strategies;

‘‘(H) uses age-appropriate, valid, and reliable screening

assessments, diagnostic assessments, formative assessment

processes, 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;

‘‘(I) uses strategies to enhance children’s motivation

to read and write and children’s engagement in self-directed

learning;

‘‘(J) incorporates the principles of universal design for

learning;

‘‘(K) depends on teachers’ collaboration in planning,

instruction, and assessing a child’s progress and on contin-

uous professional learning; and

20 USC 6641.

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129 STAT. 1937 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(L) links literacy instruction to the challenging State

academic standards, including the ability to navigate,

understand, and write about, complex print and digital

subject matter.

‘‘(2) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means an

entity that consists of—

‘‘(A) one or more local educational agencies that serve

a high percentage of high-need schools and—

‘‘(i) have the highest number or proportion of chil-

dren who are counted under section 1124(c), in

comparison to other local educational agencies in the

State;

‘‘(ii) are among the local educational agencies in

the State with the highest number or percentages of

children reading or writing below grade level, based

on the most currently available State academic assess-

ment data under section 1111(b)(2); or

‘‘(iii) serve a significant number or percentage of

schools that are implementing comprehensive support

and improvement activities and targeted support and

improvement activities under section 1111(d);

‘‘(B) one or more early childhood education programs

serving low-income or otherwise disadvantaged children,

which may include home-based literacy programs for pre-

school-aged children, that have a demonstrated record of

providing comprehensive literacy instruction for the age

group such program proposes to serve; or

‘‘(C) a local educational agency, described in subpara-

graph (A), or consortium of such local educational agencies,

or an early childhood education program, which may

include home-based literacy programs for preschool-aged

children, acting in partnership with 1 or more public or

private nonprofit organizations or agencies (which may

include early childhood education programs) that have a

demonstrated record of effectiveness in—

‘‘(i) improving literacy achievement of children,

consistent with the purposes of participation under

this subpart, from birth through grade 12; and

‘‘(ii) providing professional development in com-

prehensive literacy instruction.

‘‘(3) H

IGH

NEED SCHOOL

.—

‘‘(A) I

N GENERAL

.—The term ‘high-need school’ means—

‘‘(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 the schools that feed into the high school.

‘‘(B) L

INCOME FAMILY

.—For purposes of subpara-

graph (A), the term ‘low-income family’ means a 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 the program of

block grants to States for temporary assistance for

needy families established under part A of title IV

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129 STAT. 1938 PUBLIC LAW 114–95—DEC. 10, 2015

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 under

title XIX of the Social Security Act (42 U.S.C. 1396

et seq.).

‘‘SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT

GRANTS.

‘‘(a) G

RANTS

UTHORIZED

.—From the amounts reserved by the

Secretary under section 2201(2) and not reserved under subsection

(b), the Secretary shall award grants, on a competitive basis, to

State educational agencies to enable the State educational agencies

to—

‘‘(1) provide subgrants to eligible entities serving a diversity

of geographic areas, giving priority to entities serving greater

numbers or percentages of children from low-income families;

and

‘‘(2) develop or enhance comprehensive literacy instruction

plans that ensure high-quality instruction and effective strate-

gies in reading and writing for children from early childhood

education through grade 12, including English learners and

children with disabilities.

‘‘(b) R

ESERVATION

.—From the amounts reserved to carry out

this subpart for a fiscal year, the Secretary shall reserve—

‘‘(1) not more than a total of 5 percent for national activi-

ties, including a national evaluation, technical assistance and

training, data collection, and reporting;

‘‘(2) one half of 1 percent for the Secretary of the Interior

to carry out a program described in this subpart at schools

operated or funded by the Bureau of Indian Education; and

‘‘(3) one half of 1 percent for the outlying areas to carry

out a program under this subpart.

‘‘(c) D

URATION OF

RANTS

.—A grant awarded under this sub-

part shall be for a period of not more than 5 years total. Such

grant may be renewed for an additional 2-year period upon the

termination of the initial period of the grant if the grant recipient

demonstrates to the satisfaction of the Secretary that—

‘‘(1) the State has made adequate progress; and

‘‘(2) renewing the grant for an additional 2-year period

is necessary to carry out the objectives of the grant described

in subsection (d).

‘‘(d) S

TATE

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—A State educational agency desiring a

grant under this subpart shall submit an application to the

Secretary, at such time and in such manner as the Secretary

may require. The State educational agency shall collaborate

with the State agency responsible for administering early child-

hood education programs and the State agency responsible

for administering child care programs in the State in writing

and implementing the early childhood education portion of the

grant application under this subsection.

‘‘(2) C

ONTENTS

.—An application described in paragraph (1)

shall include, at a minimum, the following:

‘‘(A) A needs assessment that analyzes literacy needs

across the State and in high-need schools and local edu-

cational agencies that serve high-need schools, including

20 USC 6642.

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129 STAT. 1939 PUBLIC LAW 114–95—DEC. 10, 2015

identifying the most significant gaps in literacy proficiency

and inequities in student access to effective teachers of

literacy, considering each of the subgroups of students,

as defined in section 1111(c)(2).

‘‘(B) A description of how the State educational agency,

in collaboration with the State literacy team, if applicable,

will develop a State comprehensive literacy instruction plan

or will revise and update an already existing State com-

prehensive literacy instruction plan.

‘‘(C) An implementation plan that includes a descrip-

tion of how the State educational agency will carry out

the State activities described in subsection (f).

‘‘(D) An assurance that the State educational agency

will use implementation grant funds described in sub-

section (f)(1) for comprehensive literacy instruction pro-

grams as follows:

‘‘(i) Not less than 15 percent of such grant funds

shall be used for State and local programs and activi-

ties pertaining to children from birth through kinder-

garten entry.

‘‘(ii) Not less than 40 percent of such grant funds

shall be used for State and local programs and activi-

ties, allocated equitably among the grades of kinder-

garten through grade 5.

‘‘(iii) Not less than 40 percent of such grant funds

shall be used for State and local programs and activi-

ties, allocated equitably among grades 6 through 12.

‘‘(E) An assurance that the State educational agency

will give priority in awarding a subgrant under section

2223 to an eligible entity that—

‘‘(i) serves children from birth through age 5 who

are from families with income levels at or below 200

percent of the Federal poverty line; or

‘‘(ii) is a local educational agency serving a high

number or percentage of high-need schools.

‘‘(e) P

RIORITY

.—In awarding grants under this section, the Sec-

retary shall give priority to State educational agencies that will

use the grant funds for evidence-based activities, defined for the

purpose of this subsection as activities meeting the requirements

of section 8101(21)(A)(i).

‘‘(f) S

TATE

CTIVITIES

.—

‘‘(1) I

N GENERAL

.—A State educational agency receiving

a grant under this section shall use not less than 95 percent

of such grant funds to award subgrants to eligible entities,

based on their needs assessment and a competitive application

process.

‘‘(2) R

ESERVATION

.—A State educational agency receiving

a grant under this section may reserve not more than 5 percent

for activities identified through the needs assessment and com-

prehensive literacy plan described in subparagraphs (A) and

(B) of subsection (d)(2), including the following activities:

‘‘(A) Providing technical assistance, or engaging quali-

fied providers to provide technical assistance, to eligible

entities to enable the eligible entities to design and imple-

ment literacy programs.

‘‘(B) Coordinating with institutions of higher education

in the State to provide recommendations to strengthen

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129 STAT. 1940 PUBLIC LAW 114–95—DEC. 10, 2015

and enhance pre-service courses for students preparing

to teach children from birth through grade 12 in explicit,

systematic, and intensive instruction in evidence-based lit-

eracy methods.

‘‘(C) Reviewing and updating, in collaboration with

teachers and institutions of higher education, State licen-

sure or certification standards in the area of literacy

instruction in early education through grade 12.

‘‘(D) Making publicly available, including on the State

educational agency’s website, information on promising

instructional practices to improve child literacy achieve-

ment.

‘‘(E) Administering and monitoring the implementation

of subgrants by eligible entities.

‘‘(3) A

DDITIONAL USES

.—After carrying out the activities

described in paragraphs (1) and (2), a State educational agency

may use any remaining amount to carry out 1 or more of

the following activities:

‘‘(A) Developing literacy coach training programs and

training literacy coaches.

‘‘(B) Administration and evaluation of activities carried

out under this subpart.

‘‘SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH

THROUGH KINDERGARTEN ENTRY LITERACY.

‘‘(a) S

UBGRANTS

.—

‘‘(1) I

N GENERAL

.—A State educational agency receiving

a grant under this subpart shall, in consultation with the

State agencies responsible for administering early childhood

education programs and services, including the State agency

responsible for administering child care programs, and, if

applicable, the State Advisory Council on Early Childhood Edu-

cation and Care designated or established pursuant to section

642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C.

9837b(b)(1)(A)(i)), use a portion of the grant funds, in accord-

ance with section 2222(d)(2)(D)(i), to award subgrants, on a

competitive basis, to eligible entities to enable the eligible enti-

ties to support high-quality early literacy initiatives for children

from birth through kindergarten entry.

‘‘(2) D

URATION

.—The term of a subgrant under this section

shall be determined by the State educational agency awarding

the subgrant and shall in no case exceed 5 years.

‘‘(3) S

UFFICIENT 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 initia-

tives for children from birth through kindergarten entry.

‘‘(b) L

OCAL

PPLICATIONS

.—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 con-

taining 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 child-

hood education programs, which shall include an analysis of

data that support the proposed use of subgrant funds;

20 USC 6643.

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129 STAT. 1941 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) how the subgrant funds will be used to prepare and

provide ongoing assistance to staff in the programs, including

through high-quality professional development;

‘‘(3) how the activities assisted under the subgrant will

be coordinated with comprehensive literacy instruction at the

kindergarten through grade 12 levels; and

‘‘(4) how the subgrant funds will be used to evaluate the

success of the activities assisted under the subgrant in

enhancing the early language and literacy development of chil-

dren from birth through kindergarten entry.

‘‘(c) P

RIORITY

.—In awarding grants under this section, the State

educational agency shall give priority to an eligible entity that

will use the grant funds to implement evidence-based activities,

defined for the purpose of this subsection as activities meeting

the requirements of section 8101(21)(A)(i).

‘‘(d) L

OCAL

SES OF

UNDS

.—An eligible entity that receives

a subgrant under this section shall use the subgrant funds, con-

sistent with the entity’s approved application under subsection (b),

to—

‘‘(1) carry out high-quality professional development

opportunities for early childhood educators, teachers, principals,

other school leaders, paraprofessionals, specialized instructional

support personnel, and instructional leaders;

‘‘(2) train providers and personnel to develop and admin-

ister evidence-based early childhood education literacy initia-

tives; and

‘‘(3) coordinate the involvement of families, early childhood

education program staff, principals, other school leaders,

specialized instructional support personnel (as appropriate),

and teachers in literacy development of children served under

the subgrant.

‘‘SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF

KINDERGARTEN THROUGH GRADE 12 LITERACY.

‘‘(a) S

UBGRANTS TO

LIGIBLE

NTITIES

.—

‘‘(1) S

UBGRANTS

.—A State educational agency receiving a

grant under this subpart shall use a portion of the grant

funds, in accordance with clauses (ii) and (iii) of section

2222(d)(2)(D), to award subgrants, on a competitive basis, to

eligible entities to enable the eligible entities to carry out

the authorized activities described in subsections (c) and (d).

‘‘(2) D

URATION

.—The term of a subgrant under this section

shall be determined by the State educational agency awarding

the subgrant and shall in no case exceed 5 years.

‘‘(3) S

UFFICIENT 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 comprehensive literacy instruction in each grade level

for which the subgrant funds are provided.

‘‘(4) L

OCAL APPLICATIONS

.—An eligible entity desiring to

receive a subgrant under this section shall submit an applica-

tion to the State educational agency at such time, in such

manner, and containing such information as the State edu-

cational 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 informa-

tion:

20 USC 6644.

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129 STAT. 1942 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) A description of the eligible entity’s needs assess-

ment conducted to identify how subgrant funds will be

used to inform and improve comprehensive literacy instruc-

tion at the school.

‘‘(B) How the school, the local educational agency, or

a provider of high-quality professional development will

provide ongoing high-quality professional development to

all teachers, principals, other school leaders, specialized

instructional support personnel (as appropriate), and other

instructional leaders served by the school.

‘‘(C) How the school will identify children in need of

literacy interventions or other support services.

‘‘(D) An explanation of how the school will integrate

comprehensive literacy instruction into a well-rounded edu-

cation.

‘‘(E) A description of how the school will coordinate

comprehensive literacy instruction with early childhood

education programs and activities and after-school pro-

grams and activities in the area served by the local edu-

cational agency.

‘‘(b) P

RIORITY

.—In awarding grants under this section, the State

educational agency shall give priority to an eligible entity that

will use funds under subsection (c) or (d) to implement evidence-

based activities, defined for the purpose of this subsection as activi-

ties meeting the requirements of section 8101(21)(A)(i).

‘‘(c) L

OCAL

SES OF

UNDS FOR

INDERGARTEN

HROUGH

RADE

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 comprehensive literacy

instruction plan across content areas for such children 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 that may be augmented

by after-school and out-of-school time instruction.

‘‘(2) Providing high-quality professional development

opportunities for teachers, literacy coaches, literacy specialists,

English as a second language specialists (as appropriate), prin-

cipals, other school leaders, specialized instructional support

personnel, school librarians, paraprofessionals, and other pro-

gram staff.

‘‘(3) Training principals, specialized instructional support

personnel, and other local educational agency personnel to sup-

port, develop, administer, and evaluate high-quality kinder-

garten through grade 5 literacy initiatives.

‘‘(4) Coordinating the involvement of early childhood edu-

cation program staff, principals, other instructional leaders,

teachers, teacher literacy teams, English as a second language

specialists (as appropriate), special educators, school personnel,

and specialized instructional support personnel (as appropriate)

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129 STAT. 1943 PUBLIC LAW 114–95—DEC. 10, 2015

in the literacy development of children served under this sub-

section.

‘‘(5) Engaging families and encouraging family literacy

experiences and practices to support literacy development.

‘‘(d) L

OCAL

SES OF

UNDS FOR

RADES

6 T

HROUGH

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 comprehensive literacy

instruction plan described in subsection (c)(1) for children in

grades 6 through 12.

‘‘(2) Training principals, specialized instructional support

personnel, school librarians, and other local educational agency

personnel to support, develop, administer, and evaluate high-

quality comprehensive literacy instruction initiatives for grades

6 through 12.

‘‘(3) Assessing the quality of adolescent comprehensive lit-

eracy instruction as part of a well-rounded education.

‘‘(4) Providing time for teachers to meet to plan evidence-

based adolescent comprehensive literacy instruction to be deliv-

ered as part of a well-rounded education.

‘‘(5) Coordinating the involvement of principals, other

instructional leaders, teachers, teacher literacy teams, English

as a second language specialists (as appropriate), paraprofes-

sionals, special educators, specialized instructional support per-

sonnel (as appropriate), and school personnel in the literacy

development of children served under this subsection.

‘‘(e) A

LLOWABLE

SES

.—An eligible entity that receives a

subgrant under this section may, in addition to carrying out the

activities described in subsections (c) and (d), use subgrant funds

to carry out the following activities pertaining to children in kinder-

garten through grade 12:

‘‘(1) Recruiting, placing, training, and compensating literacy

coaches.

‘‘(2) Connecting out-of-school learning opportunities to in-

school learning in order to improve children’s literacy achieve-

ment.

‘‘(3) Training families and caregivers to support the

improvement of adolescent literacy.

‘‘(4) Providing for a multi-tier system of supports for literacy

services.

‘‘(5) Forming a school literacy leadership team to help

implement, assess, and identify necessary changes to the lit-

eracy initiatives in 1 or more schools to ensure success.

‘‘(6) Providing time for teachers (and other literacy staff,

as appropriate, such as school librarians or specialized instruc-

tional support personnel) to meet to plan comprehensive literacy

instruction.

‘‘SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINA-

TION.

‘‘(a) N

ATIONAL

VALUATION

.—From funds reserved under sec-

tion 2222(b)(1), the Director of the Institute of Education Sciences

shall conduct a national evaluation of the grant and subgrant

programs assisted under this subpart. Such evaluation shall include

high-quality research that applies rigorous and systematic proce-

dures to obtain valid knowledge relevant to the implementation

20 USC 6645.

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129 STAT. 1944 PUBLIC LAW 114–95—DEC. 10, 2015

and effect of the programs and shall directly coordinate with indi-

vidual State evaluations of the programs’ implementation and

impact.

‘‘(b) P

ROGRAM

MPROVEMENT

.—The Secretary shall—

‘‘(1) provide the findings of the evaluation conducted under

this section to State educational agencies and subgrant recipi-

ents for use in program improvement;

‘‘(2) make such findings publicly available, including on

the websites of the Department and the Institute of Education

Sciences;

‘‘(3) submit such findings to the Committee on Health,

Education, Labor, and Pensions of the Senate and the Com-

mittee on Education and the Workforce of the House of Rep-

resentatives; and

‘‘(4) make publicly available, in a manner consistent with

paragraph (2), best practices for implementing evidence-based

activities under this subpart, including evidence-based activi-

ties, defined for the purpose of this paragraph as activities

meeting the requirements of section 8101(21)(A)(i).

‘‘SEC. 2226. INNOVATIVE APPROACHES TO LITERACY.

‘‘(a) I

ENERAL

.—From amounts reserved under section

2201(2), the Secretary may award grants, contracts, or cooperative

agreements, on a competitive basis, to eligible entities for the pur-

poses of promoting literacy programs that support the development

of literacy skills in low-income communities, including—

‘‘(1) developing and enhancing effective school library pro-

grams, which may include providing professional development

for school librarians, books, and up-to-date materials to high-

need schools;

‘‘(2) early literacy services, including pediatric literacy pro-

grams through which, during well-child visits, medical pro-

viders trained in research-based methods of early language

and literacy promotion provide developmentally appropriate

books and recommendations to parents to encourage them to

read aloud to their children starting in infancy; and

‘‘(3) programs that provide high-quality books on a regular

basis to children and adolescents from low-income communities

to increase reading motivation, performance, and frequency.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means—

‘‘(A) a local educational agency in which 20 percent

or more of the students served by the local educational

agency are from families with an income below the poverty

line;

‘‘(B) a consortium of such local educational agencies;

‘‘(C) the Bureau of Indian Education; or

‘‘(D) an eligible national nonprofit organization.

‘‘(2) E

LIGIBLE NATIONAL NONPROFIT ORGANIZATION

.—The

term ‘eligible national nonprofit organization’ means an

organization of national scope that—

‘‘(A) is supported by staff, which may include volun-

teers, or affiliates at the State and local levels; and

‘‘(B) demonstrates effectiveness or high-quality plans

for addressing childhood literacy activities for the popu-

lation targeted by the grant.

20 USC 6646.

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129 STAT. 1945 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Subpart 3—American History and Civics

Education

‘‘SEC. 2231. PROGRAM AUTHORIZED.

‘‘(a) I

ENERAL

.—From the amount reserved by the Secretary

under section 2201(3), the Secretary is authorized to carry out

an American history and civics education program to improve—

‘‘(1) the quality of American history, civics, and government

education by educating students about the history and prin-

ciples of the Constitution of the United States, including the

Bill of Rights; and

‘‘(2) the quality of the teaching of American history, civics,

and government in elementary schools and secondary schools,

including the teaching of traditional American history.

‘‘(b) F

UNDING

LLOTMENT

.—Of the amount available under sub-

section (a) for a fiscal year, the Secretary—

‘‘(1) shall reserve not less than 26 percent for activities

under section 2232; and

‘‘(2) may reserve not more than 74 percent for activities

under section 2233.

‘‘SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR

AMERICAN HISTORY AND CIVICS.

‘‘(a) I

ENERAL

.—From the amounts reserved under section

2231(b)(1) for a fiscal year, the Secretary shall award not more

than 12 grants, on a competitive basis, to—

‘‘(1) eligible entities to establish Presidential Academies

for the Teaching of American History and Civics (in this section

referred to as the ‘Presidential Academies’) in accordance with

subsection (e); and

‘‘(2) eligible entities to establish Congressional Academies

for Students of American History and Civics (in this section

referred to as the ‘Congressional Academies’) in accordance

with subsection (f).

‘‘(b) A

PPLICATION

.—An eligible entity that desires to receive

a grant under subsection (a) shall submit an application to the

Secretary at such time and in such manner as the Secretary may

reasonably require.

‘‘(c) E

LIGIBLE

NTITY

.—The term ‘eligible entity’ under this

section means—

‘‘(1) an institution of higher education or nonprofit edu-

cational organization, museum, library, or research center with

demonstrated expertise in historical methodology or the

teaching of American history and civics; or

‘‘(2) a consortium of entities described in paragraph (1).

‘‘(d) G

RANT

ERMS

.—Grants awarded to eligible entities under

subsection (a) shall be for a term of not more than 5 years.

‘‘(e) P

RESIDENTIAL

CADEMIES

.—

‘‘(1) U

SE OF FUNDS

.—Each eligible entity that receives a

grant under subsection (a)(1) shall use the grant funds to

establish a Presidential Academy that offers a seminar or

institute for teachers of American history and civics, which—

‘‘(A) provides intensive professional development

opportunities for teachers of American history and civics

to strengthen such teachers’ knowledge of the subjects of

American history and civics;

20 USC 6662.

20 USC 6661.

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129 STAT. 1946 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) is led by a team of primary scholars and core

teachers who are accomplished in the field of American

history and civics;

‘‘(C) is conducted during the summer or other appro-

priate time; and

‘‘(D) is of not less than 2 weeks and not more than

6 weeks in duration.

‘‘(2) S

ELECTION OF TEACHERS

.—Each year, each Presidential

Academy shall select between 50 and 300 teachers of American

history and civics from public or private elementary schools

and secondary schools to attend the seminar or institute under

paragraph (1).

‘‘(3) T

EACHER STIPENDS

.—Each teacher selected to partici-

pate in a seminar or institute under this subsection shall be

awarded a fixed stipend based on the length of the seminar

or institute to ensure that such teacher does not incur personal

costs associated with the teacher’s participation in the seminar

or institute.

‘‘(4) P

RIORITY

.—In awarding grants under subsection (a)(1),

the Secretary shall give priority to eligible entities that coordi-

nate or align their activities with the National Park Service

National Centennial Parks initiative to develop innovative and

comprehensive programs using the resources of the National

Parks.

‘‘(f) C

ONGRESSIONAL

CADEMIES

.—

‘‘(1) U

SE OF FUNDS

.—Each eligible entity that receives a

grant under subsection (a)(2) shall use the grant funds to

establish a Congressional Academy that offers a seminar or

institute for outstanding students of American history and

civics, which—

‘‘(A) broadens and deepens such students’ under-

standing of American history and civics;

‘‘(B) is led by a team of primary scholars and core

teachers who are accomplished in the field of American

history and civics;

‘‘(C) is conducted during the summer or other appro-

priate time; and

‘‘(D) is of not less than 2 weeks and not more than

6 weeks in duration.

‘‘(2) S

ELECTION OF STUDENTS

.—

‘‘(A) I

N GENERAL

.—Each year, each Congressional

Academy shall select between 100 and 300 eligible students

to attend the seminar or institute under paragraph (1).

‘‘(B) E

LIGIBLE STUDENTS

.—A student shall be eligible

to attend a seminar or institute offered by a Congressional

Academy under this subsection if the student—

‘‘(i) is recommended by the student’s secondary

school principal or other school leader to attend the

seminar or institute; and

‘‘(ii) will be a secondary school junior or senior

in the academic year following attendance at the sem-

inar or institute.

‘‘(3) S

TUDENT STIPENDS

.—Each student selected to partici-

pate in a seminar or institute under this subsection shall be

awarded a fixed stipend based on the length of the seminar

or institute to ensure that such student does not incur personal

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129 STAT. 1947 PUBLIC LAW 114–95—DEC. 10, 2015

costs associated with the student’s participation in the seminar

or institute.

‘‘(g) M

ATCHING

UNDS

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives funds

under subsection (a) shall provide, toward the cost of the activi-

ties assisted under the grant, from non-Federal sources, an

amount equal to 100 percent of the amount of the grant.

‘‘(2) W

AIVER

.—The Secretary may waive all or part of the

matching requirement described in paragraph (1) for any fiscal

year for an eligible entity if the Secretary determines that

applying the matching requirement would result in serious

hardship or an inability to carry out the activities described

in subsection (e) or (f).

‘‘SEC. 2233. NATIONAL ACTIVITIES.

‘‘(a) P

URPOSE

.—The purpose of this section is to promote new

and existing evidence-based strategies to encourage innovative

American history, civics and government, and geography instruc-

tion, learning strategies, and professional development activities

and programs for teachers, principals, or other school leaders,

particularly such instruction, strategies, activities, and programs

that benefit low-income students and underserved populations.

‘‘(b) I

ENERAL

.—From the amounts reserved by the Secretary

under section 2231(b)(2), the Secretary shall award grants, on a

competitive basis, to eligible entities for the purposes of expanding,

developing, implementing, evaluating, and disseminating for vol-

untary use, innovative, evidence-based approaches or professional

development programs in American history, civics and government,

and geography, which—

‘‘(1) shall—

‘‘(A) show potential to improve the quality of student

achievement in, and teaching of, American history, civics

and government, or geography, in elementary schools and

secondary schools; and

‘‘(B) demonstrate innovation, scalability, accountability,

and a focus on underserved populations; and

‘‘(2) may include—

‘‘(A) hands-on civic engagement activities for teachers

and students; and

‘‘(B) programs that educate students about the history

and principles of the Constitution of the United States,

including the Bill of Rights.

‘‘(c) P

ROGRAM

ERIODS AND

IVERSITY OF

ROJECTS

.—

‘‘(1) I

N GENERAL

.—A grant awarded by the Secretary to

an eligible entity under this section shall be for a period of

not more than 3 years.

‘‘(2) R

ENEWAL

.—The Secretary may renew a grant awarded

under this section for 1 additional 2-year period.

‘‘(3) D

IVERSITY OF PROJECTS

.—In awarding grants under

this section, the Secretary shall ensure that, to the extent

practicable, grants are distributed among eligible entities that

will serve geographically diverse areas, including urban, subur-

ban, and rural areas.

‘‘(d) A

PPLICATIONS

.—In order to receive a grant under this

section, an eligible entity shall submit an application to the Sec-

retary at such time and in such manner as the Secretary may

reasonably require.

20 USC 6663.

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129 STAT. 1948 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(e) E

LIGIBLE

NTITY

.—In this section, the term ‘eligible entity’

means an institution of higher education or other nonprofit or

for-profit organization with demonstrated expertise in the develop-

ment of evidence-based approaches with the potential to improve

the quality of American history, civics and government, or geog-

raphy learning and teaching.

‘‘Subpart 4—Programs of National Significance

‘‘SEC. 2241. FUNDING ALLOTMENT.

‘‘From the funds reserved under section 2201(4), the Secretary—

‘‘(1) shall use not less than 74 percent to carry out activities

under section 2242;

‘‘(2) shall use not less than 22 percent to carry out activities

under section 2243;

‘‘(3) shall use not less than 2 percent to carry out activities

under section 2244; and

‘‘(4) may reserve not more than 2 percent to carry out

activities under section 2245.

‘‘SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.

‘‘(a) I

ENERAL

.—From the funds reserved by the Secretary

under section 2241(1) for a fiscal year, the Secretary shall award

grants, on a competitive basis, to eligible entities for the purposes

of—

‘‘(1) providing teachers, principals, or other school leaders

from nontraditional preparation and certification routes or

pathways to serve in traditionally underserved local educational

agencies;

‘‘(2) providing evidence-based professional development

activities that address literacy, numeracy, remedial, or other

needs of local educational agencies and the students the agen-

cies serve;

‘‘(3) providing teachers, principals, or other school leaders

with professional development activities that enhance or enable

the provision of postsecondary coursework through dual or

concurrent enrollment programs and early college high school

settings across a local educational agency;

‘‘(4) making freely available services and learning

opportunities to local educational agencies, through partner-

ships and cooperative agreements or by making the services

or opportunities publicly accessible through electronic means;

‘‘(5) providing teachers, principals, or other school leaders

with evidence-based professional enhancement activities, which

may include activities that lead to an advanced credential.

‘‘(b) P

ROGRAM

ERIODS AND

IVERSITY OF

ROJECTS

.—

‘‘(1) I

N GENERAL

.—A grant awarded by the Secretary to

an eligible entity under this section shall be for a period of

not more than 3 years.

‘‘(2) R

ENEWAL

.—The Secretary may renew a grant awarded

under this section for 1 additional 2-year period.

‘‘(3) D

IVERSITY OF PROJECTS

.—In awarding grants under

this section, the Secretary shall ensure that, to the extent

practicable, grants are distributed among eligible entities that

will serve geographically diverse areas, including urban, subur-

ban, and rural areas.

20 USC 6672.

20 USC 6671.

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129 STAT. 1949 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(4) L

IMITATION

.—The Secretary shall not award more than

1 grant under this section to an eligible entity during a grant

competition.

‘‘(c) C

OST

SHARING

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives a grant

under this section shall provide, from non-Federal sources,

not less than 25 percent of the funds for the total cost for

each year of activities carried out under this section.

‘‘(2) A

CCEPTABLE 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) W

AIVERS

.—The Secretary may waive or modify the

requirement of paragraph (1) in cases of demonstrated financial

hardship.

‘‘(d) A

PPLICATIONS

.—In order to receive a grant under this

section, an eligible entity shall submit an application to the Sec-

retary at such time and in such manner as the Secretary may

reasonably require. Such application shall include, at a minimum,

a certification that the services provided by an eligible entity under

the grant to a local educational agency or to a school served by

the local educational agency will not result in direct fees for partici-

pating students or parents.

‘‘(e) P

RIORITY

.—In awarding grants under this section, the Sec-

retary shall give priority to an eligible entity that will implement

evidence-based activities, defined for the purpose of this subsection

as activities meeting the requirements of section 8101(21)(A)(i).

‘‘(f) D

EFINITION OF

LIGIBLE

NTITY

.—In this section, the term

‘eligible entity’ means—

‘‘(1) an institution of higher education that provides course

materials or resources that are evidence-based in increasing

academic achievement, graduation rates, or rates of postsec-

ondary education matriculation;

‘‘(2) a national nonprofit entity with a demonstrated record

of raising student academic achievement, graduation rates, and

rates of higher education attendance, matriculation, or comple-

tion, or of effectiveness in providing preparation and profes-

sional development activities and programs for teachers, prin-

cipals, or other school leaders;

‘‘(3) the Bureau of Indian Education; or

‘‘(4) a partnership consisting of—

‘‘(A) 1 or more entities described in paragraph (1) or

(2); and

‘‘(B) a for-profit entity.

‘‘SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.

‘‘(a) I

ENERAL

.—From the funds reserved under section

2241(2) for a fiscal year, the Secretary shall award grants, on

a competitive basis, to eligible entities to enable such entities to

improve the recruitment, preparation, placement, support, and

retention of effective principals or other school leaders in high-

need schools, which may include—

‘‘(1) developing or implementing leadership training pro-

grams designed to prepare and support principals or other

school leaders in high-need schools, including through new

or alternative pathways or school leader residency programs;

20 USC 6673.

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129 STAT. 1950 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) developing or implementing programs or activities for

recruiting, selecting, and developing aspiring or current prin-

cipals or other school leaders to serve in high-need schools;

‘‘(3) developing or implementing programs for recruiting,

developing, and placing school leaders to improve schools imple-

menting comprehensive support and improvement activities and

targeted support and improvement activities under section

1111(d), including through cohort-based activities that build

effective instructional and school leadership teams and develop

a school culture, design, instructional program, and professional

development program focused on improving student learning;

‘‘(4) providing continuous professional development for prin-

cipals or other school leaders in high-need schools;

‘‘(5) developing and disseminating information on best prac-

tices and strategies for effective school leadership in high-

need schools, such as training and supporting principals to

identify, develop, and maintain school leadership teams using

various leadership models; and

‘‘(6) other evidence-based programs or activities described

in section 2101(c)(4) or section 2103(b)(3) focused on principals

or other school leaders in high-need schools.

‘‘(b) P

ROGRAM

ERIODS AND

IVERSITY OF

ROJECTS

.—

‘‘(1) I

N GENERAL

.—A grant awarded by the Secretary to

an eligible entity under this section shall be for a period of

not more than 5 years.

‘‘(2) R

ENEWAL

.—The Secretary may renew a grant awarded

under this section for 1 additional 2-year period.

‘‘(3) D

IVERSITY OF PROJECTS

.—In awarding grants under

this section, the Secretary shall ensure that, to the extent

practicable, grants are distributed among eligible entities that

will serve geographically diverse areas, including urban, subur-

ban, and rural areas.

‘‘(4) L

IMITATION

.—The Secretary shall not award more than

1 grant under this section to an eligible entity during a grant

competition.

‘‘(c) C

OST

SHARING

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives a grant

under this section shall provide, from non-Federal sources,

not less than 25 percent of the funds for the total cost for

each year of activities carried out under this section.

‘‘(2) A

CCEPTABLE 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) W

AIVERS

.—The Secretary may waive or modify the

requirement of paragraph (1) in cases of demonstrated financial

hardship.

‘‘(d) A

PPLICATIONS

.—An eligible entity that desires a grant

under this section shall submit to the Secretary an application

at such time, and in such manner, as the Secretary may require.

‘‘(e) P

RIORITY

.—In awarding grants under this section, the Sec-

retary shall give priority to an eligible entity—

‘‘(1) with a record of preparing or developing principals

who—

‘‘(A) have improved school-level student outcomes;

‘‘(B) have become principals in high-need schools; and

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129 STAT. 1951 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) remain principals in high-need schools for multiple

years; and

‘‘(2) who will implement evidence-based activities, defined

for the purpose of this paragraph as activities meeting the

requirements of section 8101(21)(A)(i).

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means—

‘‘(A) a local educational agency, including an edu-

cational service agency, that serves a high-need 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 a high-need school;

‘‘(D) the Bureau of Indian Education; or

‘‘(E) an entity described in subparagraph (A), (B), (C),

or (D) in partnership with 1 or more nonprofit organizations

or institutions of higher education.

‘‘(2) H

IGH

NEED SCHOOL

.—The term ‘high-need school’

means—

‘‘(A) an elementary school in which not less than 50

percent of the enrolled students are from families with

incomes below the poverty line; or

‘‘(B) a secondary school in which not less than 40

percent of the enrolled students are from families with

incomes below the poverty line.

‘‘SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.

‘‘(a) I

ENERAL

.—From the funds reserved under section

2241(3) for a fiscal year, the Secretary—

‘‘(1) shall establish, in a manner consistent with section

203 of the Educational Technical Assistance Act of 2002 (20

U.S.C. 9602), a comprehensive center on students at risk of

not attaining full literacy skills due to a disability that meets

the purposes of subsection (b); and

‘‘(2) may—

‘‘(A) provide technical assistance, which may be carried

out directly or through grants or contracts, to States and

local educational agencies carrying out activities under this

part; and

‘‘(B) carry out evaluations of activities by States and

local educational agencies under this part, which shall

be conducted by a third party or by the Institute of Edu-

cation Sciences.

‘‘(b) P

URPOSES

.—The comprehensive center established by the

Secretary under subsection (a)(1) shall—

‘‘(1) identify or develop free or low-cost evidence-based

assessment tools for identifying students at risk of not attaining

full literacy skills due to a disability, including dyslexia

impacting reading or writing, or developmental delay impacting

reading, writing, language processing, comprehension, or execu-

tive functioning;

‘‘(2) identify evidence-based literacy instruction, strategies,

and accommodations, including assistive technology, designed

to meet the specific needs of such students;

20 USC 6674.

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129 STAT. 1952 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) provide families of such students with information

to assist such students;

‘‘(4) identify or develop evidence-based professional develop-

ment for teachers, paraprofessionals, principals, other school

leaders, and specialized instructional support personnel to—

‘‘(A) understand early indicators of students at risk

of not attaining full literacy skills due to a disability,

including dyslexia impacting reading or writing, or develop-

mental delay impacting reading, writing, language proc-

essing, comprehension, or executive functioning;

‘‘(B) use evidence-based screening assessments for early

identification of such students beginning not later than

kindergarten; and

‘‘(C) implement evidence-based instruction designed to

meet the specific needs of such students; and

‘‘(5) disseminate the products of the comprehensive center

to regionally diverse State educational agencies, local edu-

cational agencies, regional educational agencies, and schools,

including, as appropriate, through partnerships with other com-

prehensive centers established under section 203 of the Edu-

cational Technical Assistance Act of 2002 (20 U.S.C. 9602),

and regional educational laboratories established under section

174 of the Education Sciences Reform Act of 2002 (20 U.S.C.

9564).

‘‘SEC. 2245. STEM MASTER TEACHER CORPS.

‘‘(a) I

ENERAL

.—From the funds reserved under section

2241(4) for a fiscal year, the Secretary may award grants to—

‘‘(1) State educational agencies to enable such agencies

to support the development of a State-wide STEM master

teacher corps; or

‘‘(2) State educational agencies, or nonprofit organizations

in partnership with State educational agencies, to support the

implementation, replication, or expansion of effective science,

technology, engineering, and mathematics professional develop-

ment programs in schools across the State through collaboration

with school administrators, principals, and STEM educators.

‘‘(b) STEM M

ASTER

EACHER

ORPS

.—In this section, the term

‘STEM master teacher corps’ means a State-led effort to elevate

the status of the science, technology, engineering, and mathematics

teaching profession by recognizing, rewarding, attracting, and

retaining outstanding science, technology, engineering, and mathe-

matics teachers, particularly in high-need and rural schools, by—

‘‘(1) selecting candidates to be master teachers in the corps

on the basis of—

‘‘(A) content knowledge based on a screening examina-

tion; and

‘‘(B) pedagogical knowledge of and success in teaching;

‘‘(2) offering such teachers opportunities to—

‘‘(A) work with one another in scholarly communities;

and

‘‘(B) participate in and lead high-quality professional

development; and

‘‘(3) providing such teachers with additional appropriate

and substantial compensation for the work described in para-

graph (2) and in the master teacher community.

20 USC 6675.

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129 STAT. 1953 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 2301. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this title shall be used to supple-

ment, and not supplant, non-Federal funds that would otherwise

be used for activities authorized under this title.

‘‘SEC. 2302. RULES OF CONSTRUCTION.

‘‘(a) P

ROHIBITION

GAINST

EDERAL

ANDATES

, D

IRECTION

ONTROL

.—Nothing in this title shall be construed to authorize

the Secretary or any other officer or employee of the Federal Govern-

ment to mandate, direct, or control a State, local educational agency,

or school’s—

‘‘(1) instructional content or materials, curriculum, program

of instruction, academic standards, or academic assessments;

‘‘(2) teacher, principal, or other school leader evaluation

system;

‘‘(3) specific definition of teacher, principal, or other school

leader effectiveness; or

‘‘(4) teacher, principal, or other school leader professional

standards, certification, or licensing.

‘‘(b) S

CHOOL OR

ISTRICT

MPLOYEES

.—Nothing in this title

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.’’.

TITLE III—LANGUAGE INSTRUCTION

FOR ENGLISH LEARNERS AND IMMI-

GRANT STUDENTS

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.

Title III (20 U.S.C. 6801 et seq.) is amended—

(1) by striking the title heading and inserting ‘‘LAN-

GUAGE INSTRUCTION FOR ENGLISH LEARNERS AND

IMMIGRANT STUDENTS’’;

(2) in part A—

(A) by striking section 3122;

(B) by redesignating sections 3123 through 3129 as

sections 3122 through 3128, respectively; and

(3) by striking part B;

(4) by redesignating part C as part B; and

(5) in part B, as redesignated by paragraph (4)—

(A) by redesignating section 3301 as section 3201;

(B) by striking section 3302; and

3202 and 3203, respectively.

SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

Section 3001 (20 U.S.C. 6801) is amended to read as follows:

20 USC 7013,

7014.

20 USC 7012.

20 USC 7011.

20 USC

6891–6983.

20 USC 6871.

20 USC

6843–6849.

20 USC 6842.

20 USC 6692.

20 USC 6691.

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129 STAT. 1954 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

title—

‘‘(1) $756,332,450 for fiscal year 2017;

‘‘(2) $769,568,267 for fiscal year 2018;

‘‘(3) $784,959,633 for fiscal year 2019; and

‘‘(4) $884,959,633 for fiscal year 2020.’’.

SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCE-

MENT, AND ACADEMIC ACHIEVEMENT.

(a) P

URPOSES

.—Section 3102 (20 U.S.C. 6812) is amended to

read as follows:

‘‘SEC. 3102. PURPOSES.

‘‘The purposes of this part are—

‘‘(1) to help ensure that English learners, including

immigrant children and youth, attain English proficiency and

develop high levels of academic achievement in English;

‘‘(2) to assist all English learners, including immigrant

children and youth, to achieve at high levels in academic sub-

jects so that all English learners can meet the same challenging

State academic standards that all children are expected to

meet;

‘‘(3) to assist teachers (including preschool teachers), prin-

cipals and other school leaders, State educational agencies,

local educational agencies, and schools in establishing, imple-

menting, and sustaining effective language instruction edu-

cational programs designed to assist in teaching English

learners, including immigrant children and youth;

‘‘(4) to assist teachers (including preschool teachers), prin-

cipals and other school leaders, State educational agencies,

and local educational agencies to develop and enhance their

capacity to provide effective instructional programs designed

to prepare English learners, including immigrant children and

youth, to enter all-English instructional settings; and

‘‘(5) to promote parental, family, and community participa-

tion in language instruction educational programs for the par-

ents, families, and communities of English learners.’’.

(b) F

ORMULA

RANTS TO

TATES

.—Section 3111 (20 U.S.C.

6821) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking subparagraphs (A)

through (D) and inserting the following:

‘‘(A) Establishing and implementing, with timely and

meaningful consultation with local educational agencies

representing the geographic diversity of the State,

standardized statewide 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.

‘‘(B) Providing effective teacher and principal prepara-

tion, effective professional development activities, and other

effective activities related to the education of English

learners, which may include assisting teachers, principals,

and other educators in—

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129 STAT. 1955 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) meeting State and local certification and

licensing requirements for teaching English learners;

and

‘‘(ii) improving teaching skills in meeting the

diverse needs of English learners, including how to

implement effective programs and curricula on

teaching English learners.

‘‘(C) Planning, evaluation, administration, and inter-

agency coordination related to the subgrants referred to

in paragraph (1).

‘‘(D) Providing technical assistance and other forms

of assistance to eligible entities that are receiving subgrants

from a State educational agency under this subpart,

including assistance in—

‘‘(i) identifying and implementing effective lan-

guage instruction educational programs and curricula

for teaching English learners;

‘‘(ii) helping English learners meet the same chal-

lenging State academic standards that all children are

expected to meet;

‘‘(iii) identifying or developing, and implementing,

measures of English proficiency; and

‘‘(iv) strengthening and increasing parent, family,

and community engagement in programs that serve

English learners.

‘‘(E) Providing recognition, which may include pro-

viding financial awards, to recipients of subgrants under

section 3115 that have significantly improved the achieve-

ment and progress of English learners in meeting—

‘‘(i) the State-designed long-term goals established

under section 1111(c)(4)(A)(ii), including measurements

of interim progress towards meeting such goals, based

on the State’s English language proficiency assessment

under section 1111(b)(2)(G); and

‘‘(ii) the challenging State academic standards.’’;

(B) in paragraph (3)—

(i) in the paragraph heading, by striking ‘‘A

DMINIS

TRATIVE

’’ and inserting ‘‘D

IRECT ADMINISTRATIVE

’’;

(ii) by striking ‘‘60 percent’’ and inserting ‘‘50 per-

cent’’; and

(iii) by inserting ‘‘direct’’ before ‘‘administrative

costs’’; and

(2) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘section 3001(a)’’ and inserting ‘‘section 3001’’;

(ii) in subparagraph (B), by inserting ‘‘and’’ after

the semicolon;

(iii) by striking subparagraph (C) and inserting

the following:

‘‘(C) 6.5 percent of such amount for national activities

under sections 3131 and 3202, except that not more than

$2,000,000 of such amount may be reserved for the

National Clearinghouse for English Language Acquisition

and Language Instruction Educational Programs described

in section 3202.’’; and

(iv) by striking subparagraph (D);

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129 STAT. 1956 PUBLIC LAW 114–95—DEC. 10, 2015

(B) by striking paragraphs (2) and (4);

(D) in paragraph (2)(A), as redesignated by subpara-

graph (C)—

(i) in the matter preceding clause (i), by striking

‘‘section 3001(a)’’ and inserting ‘‘section 3001’’;

(ii) in clause (i), by striking ‘‘limited English pro-

ficient’’ and all that follows through ‘‘States; and’’ and

inserting ‘‘English learners in the State bears to the

number of English learners in all States, as determined

in accordance with paragraph (3)(A); and’’; and

(iii) in clause (ii), by inserting ‘‘, as determined

in accordance with paragraph (3)(B)’’ before the period

at the end; and

(E) by adding at the end the following:

‘‘(3) U

SE OF DATA FOR DETERMINATIONS

.—In making State

allotments under paragraph (2) for each fiscal year, the Sec-

retary shall—

‘‘(A) determine the number of English learners in a

State and in all States, using the most accurate, up-to-

date data, which shall be—

‘‘(i) data available from the American Community

Survey conducted by the Department of Commerce,

which may be multiyear estimates;

‘‘(ii) the number of students being assessed for

English language proficiency, based on the State’s

English language proficiency assessment under section

1111(b)(2)(G), which may be multiyear estimates; or

‘‘(iii) a combination of data available under clauses

(i) and (ii); and

‘‘(B) determine the number of immigrant children and

youth in the State and in all States based only on data

available from the American Community Survey conducted

by the Department of Commerce, which may be multiyear

estimates.’’.

ATIVE

MERICAN AND

LASKA

ATIVE

HILDREN IN

CHOOL

.—Section 3112(a) (20 U.S.C. 6822(a)) is amended by

striking ‘‘Bureau of Indian Affairs’’ each place the term appears

and inserting ‘‘Bureau of Indian Education’’.

(d) S

TATE AND

PECIALLY

UALIFIED

GENCY

LANS

.—Section

3113 (20 U.S.C. 6823) is amended—

(1) in subsection (a), by striking ‘‘, in such manner, and

containing such information’’ and inserting ‘‘and in such

manner’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘making’’ and

inserting ‘‘awarding’’; and

(B) by striking paragraphs (2) through (6) and inserting

the following:

‘‘(2) describe how the agency will establish and implement,

with timely and meaningful consultation with local educational

agencies representing the geographic diversity of the State,

standardized, statewide entrance and exit procedures, including

an assurance that all students who may be English learners

are assessed for such status within 30 days of enrollment

in a school in the State;

‘‘(3) provide an assurance that—

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129 STAT. 1957 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) the agency will ensure that eligible entities

receiving a subgrant under this subpart comply with the

requirement in section 1111(b)(2)(B)(ix) regarding assess-

ment of English learners in English;

‘‘(B) the agency will ensure that eligible entities

receiving a subgrant under this subpart annually assess

the English proficiency of all English learners participating

in a program funded under this subpart, consistent with

section 1111(b)(2)(G);

‘‘(C) in awarding subgrants under section 3114, the

agency will address the needs of school systems of all

sizes and in all geographic areas, including school systems

with rural and urban schools;

‘‘(D) subgrants to eligible entities under section

3114(d)(1) will be of sufficient size and scope to allow

such entities to carry out effective language instruction

educational programs for English learners;

‘‘(E) the agency will require an eligible entity receiving

a subgrant under this subpart to use the subgrant in

ways that will build such recipient’s capacity to continue

to offer effective language instruction educational programs

that assist English learners in meeting challenging State

academic standards;

‘‘(F) the agency will monitor each eligible entity

receiving a subgrant under this subpart for compliance

with applicable Federal fiscal requirements; and

‘‘(G) the plan has been developed in consultation with

local educational agencies, teachers, administrators of pro-

grams implemented under this subpart, parents of English

learners, and other relevant stakeholders;

‘‘(4) describe how the agency will coordinate its programs

and activities under this subpart with other programs and

activities under this Act and other Acts, as appropriate;

‘‘(5) describe how each eligible entity will be given the

flexibility to teach English learners—

‘‘(A) using a high-quality, effective language instruction

curriculum for teaching English learners; and

‘‘(B) in the manner the eligible entity determines to

be the most effective;

‘‘(6) describe how the agency will assist eligible entities

in meeting—

‘‘(A) the State-designed long-term goals established

under section 1111(c)(4)(A)(ii), including measurements of

interim progress towards meeting such goals, based on

the State’s English language proficiency assessment under

section 1111(b)(2)(G); and

‘‘(B) the challenging State academic standards;

‘‘(7) describe how the agency will meet the unique needs

of children and youth in the State being served through the

reservation of funds under section 3114(d); and

‘‘(8) describe—

‘‘(A) how the agency will monitor the progress of each

eligible entity receiving a subgrant under this subpart in

helping English learners achieve English proficiency; and

‘‘(B) the steps the agency will take to further assist

eligible entities if the strategies funded under this subpart

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129 STAT. 1958 PUBLIC LAW 114–95—DEC. 10, 2015

are not effective, such as providing technical assistance

and modifying such strategies.’’;

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘this part’’ each place

the term appears and inserting ‘‘this subpart’’; and

(B) in paragraph (2)(B), by striking ‘‘this part’’ and

inserting ‘‘this subpart’’;

(4) in subsection (e), by striking ‘‘section 9302’’ and

inserting ‘‘section 8302’’; and

(5) in subsection (f)—

(A) by inserting ‘‘by the State’’ after ‘‘if requested’’;

and

(B) by striking ‘‘, objectives,’’.

(e) W

ITHIN

-S

TATE

LLOCATIONS

.—Section 3114 (20 U.S.C. 6824)

is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) I

ENERAL

.—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 popu-

lation of English learners in schools served by the eligible entity

bears to the population of English learners in schools served by

all eligible entities in the State.’’; and

(2) in subsection (d)(1)—

(A) by striking ‘‘section 3111(c)(3)’’ and inserting ‘‘sec-

tion 3111(c)(2)’’; and

(B) by striking ‘‘preceding the fiscal year’’.

(f) S

UBGRANTS TO

LIGIBLE

NTITIES

.—Section 3115 (20 U.S.C.

6825) is amended to read as follows:

‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

‘‘(a) P

URPOSES OF

UBGRANTS

.—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 improve the education of English learners by assisting

the children to learn English and meet the challenging State aca-

demic standards. In carrying out activities with such funds, the

eligible entity shall use effective approaches and methodologies

for teaching English learners and immigrant children and youth

for the following purposes:

‘‘(1) Developing and implementing new language instruc-

tion educational programs and academic content instructional

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 activities to expand or enhance existing language

instruction educational programs and academic content instruc-

tional programs for English learners and immigrant children

and youth.

‘‘(3) Implementing, within an individual school, schoolwide

programs for restructuring, reforming, and upgrading all rel-

evant programs, activities, and operations relating to language

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129 STAT. 1959 PUBLIC LAW 114–95—DEC. 10, 2015

instruction educational programs and academic content instruc-

tion 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 pro-

grams and academic content instruction for English learners

and immigrant children and youth.

‘‘(b) D

IRECT

DMINISTRATIVE

XPENSES

.—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) R

EQUIRED

UBGRANTEE

CTIVITIES

.—An eligible entity

receiving funds under section 3114(a) shall use the funds—

‘‘(1) to increase the English language proficiency of English

learners by providing effective language instruction educational

programs that meet the needs of English learners and dem-

onstrate success in increasing—

‘‘(A) English language proficiency; and

‘‘(B) student academic achievement;

‘‘(2) to provide effective professional development to class-

room teachers (including teachers in classroom settings that

are not the settings of language instruction educational pro-

grams), principals and other school leaders, administrators,

and other school or community-based organizational personnel,

that is—

‘‘(A) designed to improve the instruction and assess-

ment of English learners;

‘‘(B) designed to enhance the ability of such teachers,

principals, and other school leaders to understand and

implement curricula, assessment practices and measures,

and instructional strategies for English learners;

‘‘(C) effective in increasing children’s English language

proficiency or substantially increasing the subject matter

knowledge, teaching knowledge, and teaching skills of such

teachers; and

‘‘(D) of sufficient intensity and duration (which shall

not include activities such as 1-day or short-term work-

shops and conferences) to have a positive and lasting

impact on the teachers’ performance in the classroom,

except that this subparagraph shall not apply to an activity

that is one component of a long-term, comprehensive profes-

sional development plan established by a teacher and the

teacher’s supervisor based on an assessment of the needs

of the teacher, the supervisor, the students of the teacher,

and any local educational agency employing the teacher,

as appropriate; and

‘‘(3) to provide and implement other effective activities

and strategies that enhance or supplement language instruction

educational programs for English learners, which—

‘‘(A) shall include parent, family, and community

engagement activities; and

‘‘(B) may include strategies that serve to coordinate

and align related programs.

‘‘(d) A

UTHORIZED

UBGRANTEE

CTIVITIES

.—Subject to sub-

section (c), an eligible entity receiving funds under section 3114(a)

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129 STAT. 1960 PUBLIC LAW 114–95—DEC. 10, 2015

may use the funds to achieve any of the purposes described in

subsection (a) by undertaking 1 or more of the following activities:

‘‘(1) Upgrading program objectives and effective instruc-

tional strategies.

‘‘(2) Improving the instructional program for English

learners by identifying, acquiring, and upgrading curricula,

instructional materials, educational software, and assessment

procedures.

‘‘(3) Providing to English learners—

‘‘(A) tutorials and academic or career and technical

education; and

‘‘(B) intensified instruction, which may include mate-

rials in a language that the student can understand, inter-

preters, and translators.

‘‘(4) Developing and implementing effective preschool,

elementary school, or secondary school language instruction

educational programs that are coordinated with other relevant

programs and services.

‘‘(5) Improving the English language proficiency and aca-

demic achievement of English learners.

‘‘(6) Providing community participation programs, family

literacy services, and parent and family outreach and training

activities to English learners and their families—

‘‘(A) to improve the English language skills of English

learners; and

‘‘(B) to assist parents and families in helping their

children to improve their academic achievement and

becoming active participants in the education of their chil-

dren.

‘‘(7) Improving the instruction of English learners, which

may include English learners with a disability, by providing

for—

‘‘(A) the acquisition or development of educational tech-

nology or instructional materials;

‘‘(B) access to, and participation in, electronic networks

for materials, training, and communication; and

‘‘(C) incorporation of the resources described in sub-

paragraphs (A) and (B) into curricula and programs, such

as those funded under this subpart.

‘‘(8) Offering early college high school or dual or concurrent

enrollment programs or courses designed to help English

learners achieve success in postsecondary education.

‘‘(9) Carrying out other activities that are consistent with

the purposes of this section.

‘‘(e) A

CTIVITIES BY

GENCIES

XPERIENCING

UBSTANTIAL

NCREASES IN

MMIGRANT

HILDREN AND

OUTH

.—

‘‘(1) I

N 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, which may include—

‘‘(A) family literacy, parent and family outreach, and

training activities designed to assist parents and families

to become active participants in the education of their

children;

‘‘(B) recruitment of, and support for, personnel,

including teachers and paraprofessionals who have been

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129 STAT. 1961 PUBLIC LAW 114–95—DEC. 10, 2015

specifically trained, or are being trained, to provide services

to immigrant children and youth;

‘‘(C) provision of tutorials, mentoring, and academic

or career counseling for immigrant children and youth;

‘‘(D) identification, development, and acquisition of cur-

ricular materials, educational software, and technologies

to be used in the program carried out with awarded funds;

‘‘(E) basic instructional services that are directly attrib-

utable to the presence of immigrant children and youth

in the local educational agency involved, including the pay-

ment of costs of providing additional classroom supplies,

costs of transportation, or such other costs as are directly

attributable to such additional basic instructional services;

‘‘(F) other instructional services 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, institutions of higher education, private

sector entities, or other entities with expertise in working

with immigrants, to assist parents and families of

immigrant children and youth by offering comprehensive

community services.

‘‘(2) D

URATION 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 its discretion.

‘‘(f) S

ELECTION OF

ETHOD OF

NSTRUCTION

.—

‘‘(1) I

N GENERAL

.—To receive a subgrant from a State edu-

cational agency under this subpart, an eligible entity shall

select one or more methods or forms of effective instruction

to be used in the programs and activities undertaken by the

entity to assist English learners to attain English language

proficiency and meet challenging State academic standards.

‘‘(2) C

ONSISTENCY

.—The selection described in paragraph

(1) shall be consistent with sections 3124 through 3126.

‘‘(g) S

UPPLEMENT

, N

UPPLANT

.—Federal funds made avail-

able 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.’’.

(g) L

OCAL

LANS

.—Section 3116 (20 U.S.C. 6826) is amended—

(1) in subsection (b), by striking paragraphs (1) through

(6) and inserting the following:

‘‘(1) describe the effective programs and activities, including

language instruction educational programs, proposed to be

developed, implemented, and administered under the subgrant

that will help English learners increase their English language

proficiency and meet the challenging State academic standards;

‘‘(2) describe how the eligible entity will ensure that

elementary schools and secondary schools receiving funds under

this subpart assist English learners in—

‘‘(A) achieving English proficiency based on the State’s

English language proficiency assessment under section

1111(b)(2)(G), consistent with the State’s long-term goals,

as described in section 1111(c)(4)(A)(ii); and

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129 STAT. 1962 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) meeting the challenging State academic standards;

‘‘(3) describe how the eligible entity will promote parent,

family, and community engagement in the education of English

learners;

‘‘(4) contain assurances that—

‘‘(A) each local educational agency that is included

in the eligible entity is complying with section 1112(e)

prior to, and throughout, each school year as of the date

of application;

‘‘(B) the eligible entity is not in violation of any State

law, including State constitutional law, regarding the edu-

cation of English learners, consistent with sections 3125

and 3126;

‘‘(C) the eligible entity consulted with teachers,

researchers, school administrators, parents and family

members, community members, public or private entities,

and institutions of higher education, in developing and

implementing such plan; and

‘‘(D) the eligible entity will, if applicable, coordinate

activities and share relevant data 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.’’;

(2) in subsection (c), by striking ‘‘limited English proficient

children’’ and inserting ‘‘English learners’’; and

(3) by striking subsection (d).

(h) R

EPORTING

.—Section 3121 (20 U.S.C. 6841) is amended

to read as follows:

‘‘SEC. 3121. REPORTING.

‘‘(a) I

ENERAL

.—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 a report, in a form prescribed

by the agency, on the activities conducted and children served

under such subpart that includes—

‘‘(1) a description of the programs and activities conducted

by the entity with funds received under subpart 1 during the

2 immediately preceding fiscal years, which shall include a

description of how such programs and activities supplemented

programs funded primarily with State or local funds;

‘‘(2) the number and percentage of English learners in

the programs and activities who are making progress toward

achieving English language proficiency, as described in section

1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a min-

imum, by English learners with a disability;

‘‘(3) the number and percentage of English learners in

the programs and activities attaining English language pro-

ficiency based on State English language proficiency standards

established under section 1111(b)(1)(G) by the end of each

school year, as determined by the State’s English language

proficiency assessment under section 1111(b)(2)(G);

‘‘(4) the number and percentage of English learners who

exit the language instruction educational programs based on

their attainment of English language proficiency;

‘‘(5) the number and percentage of English learners meeting

challenging State academic standards for each of the 4 years

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129 STAT. 1963 PUBLIC LAW 114–95—DEC. 10, 2015

after such children are no longer receiving services under this

part, in the aggregate and disaggregated, at a minimum, by

English learners with a disability;

‘‘(6) the number and percentage of English learners who

have not attained English language proficiency within 5 years

of initial classification as an English learner and first enroll-

ment in the local educational agency; and

‘‘(7) any other information that the State educational

agency may require.

‘‘(b) U

SE OF

EPORT

.—A report provided by an eligible entity

under subsection (a) shall be used by the entity and the State

educational agency for improvement of programs and activities

under this part.

‘‘(c) S

PECIAL

ULE FOR

PECIALLY

UALIFIED

GENCIES

.—Each

specially qualified agency receiving a grant under subpart 1 shall

provide the reports described in subsection (a) to the Secretary

subject to the same requirements as apply to eligible entities pro-

viding such evaluations to State educational agencies under such

subsection.’’.

(i) B

IENNIAL

EPORTS

.—Section 3122 (20 U.S.C. 6843), as

redesignated by section 3001(2)(B), is amended—

(1) in the section heading, by striking ‘‘

REPORTING

REQUIREMENTS

’’ and inserting ‘‘

BIENNIAL REPORTS

’’;

(2) in subsection (a)—

(A) by striking ‘‘evaluations’’ and inserting ‘‘reports’’;

and

(B) by striking ‘‘children who are limited English pro-

ficient’’ and inserting ‘‘English learners’’; and

(3) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘limited English proficient children’’

and inserting ‘‘English learners’’; and

(ii) by striking ‘‘children who are limited English

proficient’’ and inserting ‘‘English learners’’;

(B) in paragraph (2), by striking ‘‘limited English pro-

ficient children’’ and inserting ‘‘English learners’’;

and inserting ‘‘section 3111(b)(2)(D)’’;

(D) in paragraph (5), by striking ‘‘limited English pro-

ficient children’’ and inserting ‘‘English learners’’;

(E) in paragraph (6), by striking ‘‘major findings of

scientifically based research carried out under this part’’

and inserting ‘‘findings of the most recent evaluation

related to English learners carried out under section 8601’’;

(F) in paragraph (8)—

(i) by striking ‘‘of limited English proficient chil-

dren’’ and inserting ‘‘of English learners’’; and

(ii) by striking ‘‘into classrooms where instruction

is not tailored for limited English proficient children’’;

and

(G) in paragraph (9), by striking ‘‘title’’ and inserting

‘‘part’’.

(j) C

OORDINATION

ITH

ELATED

ROGRAMS

.—Section 3123 (20

U.S.C. 6844), as redesignated by section 3001(2)(B), is amended—

(1) by striking ‘‘children of limited English proficiency’’

and inserting ‘‘English learners’’;

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129 STAT. 1964 PUBLIC LAW 114–95—DEC. 10, 2015

(2) by striking ‘‘limited English proficient children’’ and

inserting ‘‘English learners’’; and

(3) by inserting after the period at the end the following:

‘‘The Secretary shall report to the Congress on parallel Federal

programs in other agencies and departments.’’.

(k) R

ULES OF

ONSTRUCTION

.—Section 3124 (20 U.S.C. 6845),

as redesignated by section 3001(2)(B), is amended—

(1) in paragraph (1), by striking ‘‘limited English proficient

children’’ and inserting ‘‘English learners’’; and

(2) in paragraph (2), by striking ‘‘limited English proficient

children’’ and inserting ‘‘English learners’’.

(l) P

ROHIBITION

.—Section 3128 (20 U.S.C. 6849), as redesig-

nated by section 3001(2)(B), is amended by striking ‘‘limited English

proficient children’’ and inserting ‘‘English learners’’.

(m) N

ATIONAL

ROFESSIONAL

EVELOPMENT

ROJECT

.—Section

3131 (20 U.S.C. 6861) is amended to read as follows:

‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

‘‘The Secretary shall use funds made available under section

3111(c)(1)(C) to award grants on a competitive basis, for a period

of not more than 5 years, to institutions of higher education or

public or private entities with relevant experience and capacity

(in consortia with State educational agencies or local educational

agencies) to provide for professional development activities that

will improve classroom instruction for English learners and 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 or serve English learners. Grants awarded under this

section may be used—

‘‘(1) for effective preservice or inservice professional

development programs that will improve the qualifications and

skills of educational personnel involved in the education of

English learners, including personnel who are not certified

or licensed and educational paraprofessionals, and for other

activities to increase teacher and school leader effectiveness

in meeting the needs of English learners;

‘‘(2) for the development of curricula or other instructional

strategies appropriate to the needs of the consortia participants

involved;

‘‘(3) to support strategies that strengthen and increase

parent, family, and community member engagement in the

education of English learners;

‘‘(4) to develop, share, and disseminate effective practices

in the instruction of English learners and in increasing the

student academic achievement of English learners, such as

through the use of technology-based programs;

‘‘(5) in conjunction with other Federal need-based student

financial assistance programs, for financial assistance, and costs

related to tuition, fees, and books for enrolling in courses

required to complete the degree involved, to meet certification

or licensing requirements for teachers who work in language

instruction educational programs or serve English learners;

and

‘‘(6) as appropriate, to support strategies that promote

school readiness of English learners and their transition from

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129 STAT. 1965 PUBLIC LAW 114–95—DEC. 10, 2015

early childhood education programs, such as Head Start or

State-run preschool programs, to elementary school programs.’’.

SEC. 3004. GENERAL PROVISIONS.

(a) D

EFINITIONS

.—Section 3201 (20 U.S.C. 7011), as redesig-

nated by section 3001(5)(A), is amended—

(1) by striking paragraphs (3), (4), and (5);

(2) by inserting after paragraph (2) the following:

‘‘(3) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means—

‘‘(A) one or more local educational agencies; or

‘‘(B) one or more local educational agencies, in consortia

or collaboration with an institution of higher education,

educational service agency, community-based organization,

or State educational agency.

‘‘(4) E

NGLISH LEARNER WITH A DISABILITY

.—The term

‘English learner with a disability’ means an English learner

who is also a child with a disability, as that term is defined

in section 602 of the Individuals with Disabilities Education

Act.’’;

(3) by redesignating paragraphs (6) through (15) as para-

graphs (5) through (14), respectively;

(4) in paragraph (7)(A), as redesignated by paragraph (3)—

(A) by striking ‘‘a limited English proficient child’’ and

inserting ‘‘an English learner’’; and

(B) by striking ‘‘challenging State academic content

and student academic achievement standards, as required

by section 1111(b)(1)’’ and inserting ‘‘challenging State aca-

demic standards’’; and

(5) in paragraph (12), as redesignated by paragraph (3),

by striking ‘‘, as defined in section 3141,’’.

(b) N

ATIONAL

LEARINGHOUSE

.—Section 3202 (20 U.S.C. 7013),

as redesignated by section 3001(5)(C), is amended—

(1) in the matter preceding paragraph (1)—

(A) by striking ‘‘The Secretary shall’’ and inserting

the following:

‘‘(a) I

ENERAL

.—The Secretary shall’’; and

(B) by striking ‘‘limited English proficient children’’

and inserting ‘‘English learners’’;

(2) in paragraph (4)—

(A) in subparagraph (A), by striking ‘‘limited English

proficient children’’ and inserting ‘‘English learners,

including English learners with a disability, that includes

information on best practices on instructing and serving

English learners’’; and

(B) in subparagraph (B), by striking ‘‘limited English

proficient children’’ and inserting ‘‘English learners’’; and

(3) by adding at the end the following:

‘‘(b) C

ONSTRUCTION

.—Nothing in this section shall authorize

the Secretary to hire additional personnel to execute subsection

(a).’’.

EGULATIONS

.—Section 3203 (20 U.S.C. 7014), as redesig-

nated by section 3001(5)(C), is amended—

(1) by striking ‘‘limited English proficient individuals’’ and

inserting ‘‘English learners’’; and

(2) by striking ‘‘limited English proficient children’’ and

inserting ‘‘English learners’’.

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129 STAT. 1966 PUBLIC LAW 114–95—DEC. 10, 2015

TITLE IV—21ST CENTURY SCHOOLS

SEC. 4001. REDESIGNATIONS AND TRANSFERS.

(a) T

ITLE

IV T

RANSFERS AND

ELATED

MENDMENTS

.—

(1) Section 4303 (20 U.S.C. 7183) is amended—

(A) in subsection (b)(1), by striking ‘‘early childhood

development (Head Start) services’’ and inserting ‘‘early

childhood education programs’’;

(B) in subsection (c)(2)—

(i) in the paragraph heading, by striking ‘‘

DEVELOP

MENT SERVICES

’’ and inserting ‘‘

EDUCATION PROGRAMS

’’;

and

(ii) by striking ‘‘development (Head Start) services’’

and inserting ‘‘education programs’’; and

and inserting the following:

‘‘(C) such other matters as justice may require.’’.

(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is—

(A) transferred to title IX (as amended by section 2001

of this Act);

(B) inserted so as to appear after subpart 3 of part

E of such title (as so transferred and redesignated);

(D) amended by redesignating section 4141 as section

9551.

(3) Section 4155 (20 U.S.C. 7165) is—

(A) transferred to title IX (as amended by section 2001

of this Act and paragraph (2) of this subsection);

(B) inserted so as to appear after section 9536; and

(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended

by paragraph (1) of this subsection) is—

(A) transferred to title IX (as amended by section 2001

of this Act and paragraphs (2) and (3) of this subsection);

(B) inserted so as to appear after subpart 4 of part

E of such title IX (as so transferred and redesignated);

and

(i) by striking the part designation and heading

and inserting ‘‘Subpart 5—Environmental Tobacco

Smoke’’; and

(ii) by redesignating sections 4301 through 4304

as sections 9561 through 9564, respectively.

(5) Title IV (as amended by section 2001 of this Act and

paragraphs (1) through (4) of this subsection) is further

amended—

(A) in the part heading of part A, by striking ‘‘

SAFE

AND DRUG

FREE SCHOOLS AND COMMUNITIES

’’ and

inserting ‘‘

STUDENT SUPPORT AND ACADEMIC ENRICHMENT

GRANTS

’’;

(B) by striking subparts 2 and 4 of part A;

ferred and redesignated by section 2001(4) of this Act)

as subpart 2 of part A; and

(D) by redesignating section 4161 (as so redesignated)

as section 4121.

20 USC 7131.

20 USC 7131–

7140, 7161–7164.

20 USC 7131–

7164.

20 USC 7181–

7184, 7971–7974.

20 USC 7917.

20 USC 7151.

20 USC 7961.

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129 STAT. 1967 PUBLIC LAW 114–95—DEC. 10, 2015

(b) T

ITLE

V T

RANSFERS AND

ELATED

MENDMENTS

.—

(1) I

N GENERAL

.—Title V (20 U.S.C. 7201 et seq.) is

amended—

(A) by striking part A;

(B) by striking subparts 2 and 3 of part B; and

(2) C

HARTER SCHOOLS

.—Part B of title V (20 U.S.C. 7221

et seq.) (as amended by paragraph (1) of this subsection) is—

(A) transferred to title IV (as amended by section 2001

of this Act and subsection (a) of this section);

(B) inserted so as to appear after part B of such title;

(D) further amended—

(i) in the part heading, by striking ‘‘

PUBLIC

CHARTER SCHOOLS

’’ and inserting ‘‘

EXPANDING OPPOR

TUNITY THROUGH QUALITY CHARTER SCHOOLS

’’;

(ii) by striking the subpart heading for subpart

1; and

(iii) by redesignating sections 5201 through 5211

as sections 4301 through 4311, respectively.

(3) M

AGNET SCHOOLS

.—Part C of title V (20 U.S.C. 7231

et seq.) is—

(A) transferred to title IV (as amended by section 2001

of this Act, subsection (a) of this section, and paragraph

(2) of this subsection)

(B) inserted so as to appear after part C of such title

(as so transferred and redesignated);

(D) amended—

(i) by redesignating sections 5301 through 5307

as sections 4401 through 4407, respectively;

(ii) by striking sections 5308 and 5310; and

(iii) by redesignating sections 5309 and 5311 as

sections 4408 and 4409, respectively.

(4) T

ITLE V

.—Title V, as amended by this section, is

repealed.

SEC. 4002. GENERAL PROVISIONS.

Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended

by section 4001, is further amended by striking sections 4001

through 4003 and inserting the following:

‘‘SEC. 4001. GENERAL PROVISIONS.

‘‘(a) P

ARENTAL

ONSENT

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) I

NFORMED WRITTEN CONSENT

.—A State, local edu-

cational agency, or other entity receiving funds under this

title shall obtain prior written, informed consent from the

parent of each child who is under 18 years of age to

participate in any mental-health assessment or service that

is funded under this title and conducted in connection

with an elementary school or secondary school under this

title.

‘‘(B) C

ONTENTS

.—Before obtaining the consent

described in subparagraph (A), the entity shall provide

the parent written notice describing in detail such mental

health assessment or service, including the purpose for

such assessment or service, the provider of such assessment

20 USC 7101.

20 USC

7101–7103.

20 USC 7231,

7231a–7231j.

20 USC 7231,

7231a–7231j.

20 USC 7221,

7221a–7221j.

20 USC 7241,

7243,

7243a–7243c,

7245, 7247, 7249,

7251, 7253,

7253a–7253e,

7255,

7255a–7255f,

7257,

7257a–7257d,

7259,

7259a–7259c,

7261,

7261a–7261f,

7263, 7263a,

7263b, 7265,

7265a–7265e,

7267,

7267a–7267f,

7269, 7269a,

7271, 7273,

7273a–7273e,

7275, 7277,

7277a–7277e,

7279,

7279a–7279e,

7281, 7281a,

7281b, 7283,

7283a–7283g.

20 USC 7223,

7223a–7223j,

7225,

7225a–7225g.

20 USC 7021,

7211, 7211a,

7213, 7213a,

7215, 7215a,

7215b, 7217,

7217a–7217e.

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129 STAT. 1968 PUBLIC LAW 114–95—DEC. 10, 2015

or service, when such assessment or service will begin,

and how long such assessment or service may last.

‘‘(C) L

IMITATION

.—The informed written consent

required under this paragraph shall not be a waiver of

any rights or protections under section 444 of the General

Education Provisions Act (20 U.S.C. 1232g).

‘‘(2) E

XCEPTION

.—Notwithstanding paragraph (1)(A), the

written, informed consent described in such paragraph shall

not be required in—

‘‘(A) an emergency, where it is necessary to protect

the immediate health and safety of the child, other children,

or entity personnel; or

‘‘(B) other instances in which an entity actively seeks

parental consent but such consent cannot be reasonably

obtained, as determined by the State or local educational

agency, including in the case of—

‘‘(i) a child whose parent has not responded to

the notice described in paragraph (1)(B); or

‘‘(ii) a child who has attained 14 years of age

and is an unaccompanied youth, as defined in section

725 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11434a).

‘‘(b) P

ROHIBITED

SE OF

UNDS

.—No funds under this title

may be used for medical services or drug treatment or rehabilita-

tion, except for integrated student supports, specialized instruc-

tional support services, or referral to treatment for impacted stu-

dents, which may include students who are victims of, or witnesses

to, crime or who illegally use drugs.

‘‘(c) P

ROHIBITION ON

ANDATORY

EDICATION

.—No child shall

be required to obtain a prescription for a controlled substance,

as defined in section 102 of the Controlled Substances Act (21

U.S.C. 802) as a condition of—

‘‘(1) receiving an evaluation or other service described under

this title; or

‘‘(2) attending a school receiving assistance under this

title.’’.

PART A—STUDENT SUPPORT AND ACADEMIC

ENRICHMENT GRANTS

SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.

Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is

amended to read as follows:

‘‘Subpart 1—Student Support and Academic

Enrichment Grants

‘‘SEC. 4101. PURPOSE.

‘‘The purpose of this subpart is to improve students’ academic

achievement by increasing the capacity of States, local educational

agencies, schools, and local communities to—

‘‘(1) provide all students with access to a well-rounded

education;

‘‘(2) improve school conditions for student learning; and

‘‘(3) improve the use of technology in order to improve

the academic achievement and digital literacy of all students.

20 USC 7111.

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129 STAT. 1969 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘SEC. 4102. DEFINITIONS.

‘‘In this subpart:

‘‘(1) B

LENDED LEARNING

.—The term ‘blended learning’

means a formal education program that leverages both tech-

nology-based and face-to-face instructional approaches—

‘‘(A) that include an element of online or digital

learning, combined with supervised learning time, and stu-

dent-led learning, in which the elements are connected

to provide an integrated learning experience; and

‘‘(B) in which students are provided some control over

time, path, or pace.

‘‘(2) C

ONTROLLED SUBSTANCE

.—The term ‘controlled sub-

stance’ means a drug or other substance identified under

Schedule I, II, III, IV, or V in section 202(c) of the Controlled

Substances Act (21 U.S.C. 812(c)).

‘‘(3) D

IGITAL LEARNING

.—The term ‘digital learning’ means

any instructional practice that effectively uses technology to

strengthen a student’s learning experience and encompasses

a wide spectrum of tools and practices, including—

‘‘(A) interactive learning resources, digital learning con-

tent (which may include openly licensed content), software,

or simulations, that engage students in academic content;

‘‘(B) access to online databases and other primary

source documents;

‘‘(C) the use of data and information to personalize

learning and provide targeted supplementary instruction;

‘‘(D) online and computer-based assessments;

‘‘(E) learning environments that allow for rich

collaboration and communication, which may include stu-

dent collaboration with content experts and peers;

‘‘(F) hybrid or blended learning, which occurs under

direct instructor supervision at a school or other location

away from home and, at least in part, through online

delivery of instruction with some element of student control

over time, place, path, or pace; and

‘‘(G) access to online course opportunities for students

in rural or remote areas.

‘‘(4) D

RUG

.—The term ‘drug’ includes—

‘‘(A) controlled substances;

‘‘(B) the illegal use of alcohol or tobacco, including

smokeless tobacco products and electronic cigarettes; and

‘‘(C) the harmful, abusive, or addictive use of sub-

stances, including inhalants and anabolic steroids.

‘‘(5) D

RUG AND VIOLENCE PREVENTION

.—The term ‘drug and

violence prevention’ means—

‘‘(A) with respect to drugs, prevention, early interven-

tion, rehabilitation referral, recovery support services, or

education related to the illegal use of drugs, such as raising

awareness about the consequences of drug use that are

evidence-based (to the extent a State, in consultation with

local educational agencies in the State, determines that

such evidence is reasonably available); 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 harass-

ment and abuse, and victimization associated with preju-

dice and intolerance, on school premises, going to and

20 USC 7112.

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129 STAT. 1970 PUBLIC LAW 114–95—DEC. 10, 2015

from school, and at school-sponsored activities, through

the creation and maintenance of a school environment that

is free of weapons and fosters individual responsibility

and respect for the rights of others.

‘‘(6) S

CHOOL

BASED MENTAL HEALTH SERVICES PROVIDER

.—

The term ‘school-based mental health services provider’ includes

a State-licensed or State-certified school counselor, school

psychologist, school social worker, or other State licensed or

certified mental health professional qualified under State law

to provide mental health services to children and adolescents.

‘‘(7) S

TATE

.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘(8) S

TEM

FOCUSED SPECIALTY SCHOOL

.—The term ‘STEM-

focused specialty school’ means a school, or dedicated program

within a school, that engages students in rigorous, relevant,

and integrated learning experiences focused on science, tech-

nology, engineering, and mathematics, including computer

science, which include authentic schoolwide research.

‘‘SEC. 4103. FORMULA GRANTS TO STATES.

‘‘(a) R

ESERVATIONS

.—From the total amount appropriated under

section 4112 for a fiscal year, the Secretary shall reserve—

‘‘(1) one-half of 1 percent for allotments for payments to

the outlying areas, 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 subpart;

‘‘(2) one-half of 1 percent for the Secretary of the Interior

for programs under this subpart in schools operated or funded

by the Bureau of Indian Education; and

‘‘(3) 2 percent for technical assistance and capacity building.

‘‘(b) S

TATE

LLOTMENTS

.—

‘‘(1) A

LLOTMENT

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraphs (B) and

(C), from the amount appropriated to carry out this subpart

that remains after the Secretary makes the reservations

under subsection (a), the Secretary shall allot to each State

having a plan approved under subsection (c), an amount

that bears the same relationship to the remainder as the

amount the State received under subpart 2 of part A of

title I for the preceding fiscal year bears to the amount

all States received under that subpart for the preceding

fiscal year.

‘‘(B) S

MALL STATE MINIMUM

.—No State receiving an

allotment under this paragraph shall receive less than

one-half of 1 percent of the total amount allotted under

this paragraph.

‘‘(C) P

UERTO RICO

.—The amount allotted under this

paragraph to the Commonwealth of Puerto Rico for a fiscal

year may not exceed one-half of 1 percent of the total

amount allotted under this paragraph.

‘‘(2) R

EALLOTMENT

.—If a State does not receive an allot-

ment under this subpart for a fiscal year, the Secretary shall

reallot the amount of the State’s allotment to the remaining

States in accordance with this subsection.

‘‘(c) S

TATE

LAN

.—

20 USC 7113.

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129 STAT. 1971 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) I

N 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) C

ONTENTS

.—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 subpart for State-level

activities.

‘‘(B) A description of how the State educational agency

will ensure that awards made to local educational agencies

under this subpart are in amounts that are consistent

with section 4105(a)(2).

‘‘(C) Assurances that the State educational agency

will—

‘‘(i) review existing resources and programs across

the State and will coordinate any new plans and

resources under this subpart with such existing

resources and programs;

‘‘(ii) monitor the implementation of activities under

this subpart and provide technical assistance to local

educational agencies in carrying out such activities;

and

‘‘(iii) provide for equitable access for all students

to the activities supported under this subpart,

including aligning those activities with the require-

ments of other Federal laws.

‘‘SEC. 4104. STATE USE OF FUNDS.

‘‘(a) I

ENERAL

.—Each State that receives an allotment under

section 4103 for a fiscal year shall—

‘‘(1) reserve not less than 95 percent of the allotment to

make allocations to local educational agencies under section

4105;

‘‘(2) reserve not more than 1 percent of the allotment for

the administrative costs of carrying out its responsibilities

under this subpart, including public reporting on how funds

made available under this subpart are being expended by local

educational agencies, including the degree to which the local

educational agencies have made progress toward meeting the

objectives and outcomes described in section 4106(e)(1)(E); and

‘‘(3) use the amount made available to the State and not

reserved under paragraphs (1) and (2) for activities described

in subsection (b).

‘‘(b) S

TATE

CTIVITIES

.—Each State that receives an allotment

under section 4103 shall use the funds available under subsection

(a)(3) for activities and programs designed to meet the purposes

of this subpart, which may include—

‘‘(1) providing monitoring of, and training, technical assist-

ance, and capacity building to, local educational agencies that

receive an allotment under section 4105;

‘‘(2) identifying and eliminating State barriers to the

coordination and integration of programs, initiatives, and

funding streams that meet the purposes of this subpart, so

that local educational agencies can better coordinate with other

agencies, schools, and community-based services and programs;

20 USC 7114.

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129 STAT. 1972 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) supporting local educational agencies in providing pro-

grams and activities that—

‘‘(A) offer well-rounded educational experiences to all

students, as described in section 4107, including female

students, minority students, English learners, children with

disabilities, and low-income students who are often under-

represented in critical and enriching subjects, which may

include—

‘‘(i) increasing student access to and improving

student engagement and achievement in—

‘‘(I) high-quality courses in science, technology,

engineering, and mathematics, including computer

science;

‘‘(II) activities and programs in music and the

arts;

‘‘(III) foreign languages;

‘‘(IV) accelerated learning programs that pro-

vide—

‘‘(aa) postsecondary level courses accepted

for credit at institutions of higher education,

including dual or concurrent enrollment pro-

grams, and early college high schools; or

‘‘(bb) postsecondary level instruction and

examinations that are accepted for credit at

institutions of higher education, including

Advanced Placement and International Bacca-

laureate programs;

‘‘(V) American history, civics, economics, geog-

raphy, social studies, or government education;

‘‘(VI) environmental education; or

‘‘(VII) other courses, activities, and programs

or other experiences that contribute to a well-

rounded education; or

‘‘(ii) reimbursing low-income students to cover part

or all of the costs of accelerated learning examination

fees, as described in clause (i)(IV);

‘‘(B) foster safe, healthy, supportive, and drug-free

environments that support student academic achievement,

as described in section 4108, which may include—

‘‘(i) coordinating with any local educational agen-

cies or consortia of such agencies implementing a youth

PROMISE plan to reduce exclusionary discipline, as

described in section 4108(5)(F);

‘‘(ii) supporting local educational agencies to—

‘‘(I) implement mental health awareness

training programs that are evidence-based (to the

extent the State determines that such evidence

is reasonably available) to provide education to

school personnel regarding resources available in

the community for students with mental illnesses

and other relevant resources relating to mental

health or the safe de-escalation of crisis situations

involving a student with a mental illness; or

‘‘(II) expand access to or coordinate resources

for school-based counseling and mental health pro-

grams, such as through school-based mental health

services partnership programs;

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129 STAT. 1973 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) providing local educational agencies with

resources that are evidence-based (to the extent the

State determines that such evidence is reasonably

available) addressing ways to integrate health and

safety practices into school or athletic programs; and

‘‘(iv) disseminating best practices and evaluating

program outcomes relating to any local educational

agency activities to promote student safety and violence

prevention through effective communication as

described in section 4108(5)(C)(iv); and

‘‘(C) increase access to personalized, rigorous learning

experiences supported by technology by—

‘‘(i) providing technical assistance to local edu-

cational agencies to improve the ability of local edu-

cational agencies to—

‘‘(I) identify and address technology readiness

needs, including the types of technology infrastruc-

ture and access available to the students served

by the local educational agency, including com-

puter devices, access to school libraries, Internet

connectivity, operating systems, software, related

network infrastructure, and data security;

‘‘(II) use technology, consistent with the prin-

ciples of universal design for learning, to support

the learning needs of all students, including chil-

dren with disabilities and English learners; and

‘‘(III) build capacity for principals, other school

leaders, and local educational agency administra-

tors to support teachers in using data and tech-

nology to improve instruction and personalize

learning;

‘‘(ii) supporting schools in rural and remote areas

to expand access to high-quality digital learning

opportunities;

‘‘(iii) developing or using strategies that are

innovative or evidence-based (to the extent the State

determines that such evidence is reasonably available)

for the delivery of specialized or rigorous academic

courses and curricula through the use of technology,

including digital learning technologies and assistive

technology, which may include increased access to

online dual or concurrent enrollment opportunities,

career and technical courses, and programs leading

to a recognized postsecondary credential (as defined

in section 3 of the Workforce Innovation and Oppor-

tunity Act (29 U.S.C. 3102));

‘‘(iv) disseminating promising practices related to

technology instruction, data security, and the acquisi-

tion and implementation of technology tools and

applications, including through making such promising

practices publicly available on the website of the State

educational agency;

‘‘(v) providing teachers, paraprofessionals, school

librarians and media personnel, specialized instruc-

tional support personnel, and administrators with the

knowledge and skills to use technology effectively,

including effective integration of technology, to improve

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129 STAT. 1974 PUBLIC LAW 114–95—DEC. 10, 2015

instruction and student achievement, which may

include coordination with teacher, principal, and other

school leader preparation programs; and

‘‘(vi) making instructional content widely available

through open educational resources, which may include

providing tools and processes to support local edu-

cational agencies in making such resources widely

available.

‘‘(c) S

PECIAL

ULE

.—A State that receives a grant under this

subpart for fiscal year 2017 may use the amount made available

to the State and not reserved under paragraphs (1) and (2) of

subsection (a) for such fiscal year to cover part or all of the fees

for accelerated learning examinations taken by low-income students

during the 2016-2017 school year, in accordance with subsection

(b)(3)(A)(ii).

‘‘SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) A

LLOCATIONS TO

OCAL

DUCATIONAL

GENCIES

.—

‘‘(1) I

N GENERAL

.—From the funds reserved by a State

under section 4104(a)(1), the State shall allocate to each local

educational agency in the State that has an application

approved by the State educational agency under section 4106

an amount that bears the same relationship to the total amount

of such reservation as the amount the local educational agency

received under subpart 2 of part A of title I for the preceding

fiscal year bears to the total amount received by all local

educational agencies in the State under such subpart for the

preceding fiscal year.

‘‘(2) M

INIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION

.—

No allocation to a local educational agency under this subsection

may be made in an amount that is less than $10,000, subject

to subsection (b).

‘‘(3) C

ONSORTIA

.—Local educational agencies in a State may

form a consortium with other surrounding local educational

agencies and combine the funds each such agency in the consor-

tium receives under this section to jointly carry out the local

activities described in this subpart.

‘‘(b) R

ATABLE

EDUCTION

.—If the amount reserved by the State

under section 4104(a)(1) is insufficient to make allocations to local

educational agencies in an amount equal to the minimum allocation

described in subsection (a)(2), such allocations shall be ratably

reduced.

‘‘(c) A

DMINISTRATIVE

OSTS

.—Of the amount received under

subsection (a)(2), a local educational agency may reserve not more

than 2 percent for the direct administrative costs of carrying out

the local educational agency’s responsibilities under this subpart.

‘‘SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

‘‘(a) E

LIGIBILITY

.—To be eligible to receive an allocation under

section 4105(a), a local educational agency shall—

‘‘(1) submit an application, which shall contain, at a min-

imum, the information described in subsection (e), to the State

educational agency at such time, in such manner, and con-

taining such information as the State educational agency may

reasonably require; and

‘‘(2) complete a needs assessment in accordance with sub-

section (d).

20 USC 7116.

20 USC 7115.

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129 STAT. 1975 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) C

ONSORTIUM

.—If a local educational agency desires to carry

out the activities described in this subpart in consortium with

one or more surrounding local educational agencies as described

in section 4105(a)(3), such local educational agencies shall submit

a single application as required under subsection (a).

‘‘(c) C

ONSULTATION

.—

‘‘(1) I

N GENERAL

.—A local educational agency, or consortium

of such agencies, shall develop its application through consulta-

tion with parents, teachers, principals, other school leaders,

specialized instructional support personnel, students, commu-

nity-based organizations, local government representatives

(which may include a local law enforcement agency, local juve-

nile court, local child welfare agency, or local public housing

agency), Indian tribes or tribal organizations that may be

located in the region served by the local educational agency

(where applicable), charter school teachers, principals, and

other school leaders (if such agency or consortium of such

agencies supports charter schools), and others with relevant

and demonstrated expertise in programs and activities designed

to meet the purpose of this subpart.

‘‘(2) C

ONTINUED CONSULTATION

.—The local educational

agency, or consortium of such agencies, shall engage in contin-

ued consultation with the entities described in paragraph (1)

in order to improve the local activities in order to meet the

purpose of this subpart and to coordinate such implementation

with other related strategies, programs, and activities being

conducted in the community.

‘‘(d) N

EEDS

SSESSMENT

.—

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2)

and prior to receiving an allocation under this subpart, a local

educational agency or consortium of such agencies shall conduct

a comprehensive needs assessment of the local educational

agency or agencies proposed to be served under this subpart

in order to examine needs for improvement of—

‘‘(A) access to, and opportunities for, a well-rounded

education for all students;

‘‘(B) school conditions for student learning in order

to create a healthy and safe school environment; and

‘‘(C) access to personalized learning experiences sup-

ported by technology and professional development for the

effective use of data and technology.

‘‘(2) E

XCEPTION

.—A local educational agency receiving an

allocation under section 4105(a) in an amount that is less

than $30,000 shall not be required to conduct a comprehensive

needs assessment under paragraph (1).

‘‘(3) F

REQUENCY OF NEEDS ASSESSMENT

.—Each local edu-

cational agency, or consortium of local educational agencies,

shall conduct the needs assessment described in paragraph

(1) once every 3 years.

‘‘(e) C

ONTENTS OF

OCAL

PPLICATION

.—Each application sub-

mitted under this section by a local educational agency, or a consor-

tium of such agencies, shall include the following:

‘‘(1) D

ESCRIPTIONS

.—A description of the activities and

programming that the local educational agency, or consortium

of such agencies, will carry out under this subpart, including

a description of—

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129 STAT. 1976 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) any partnership with an institution of higher edu-

cation, business, nonprofit organization, community-based

organization, or other public or private entity with a dem-

onstrated record of success in implementing activities

under this subpart;

‘‘(B) if applicable, how funds will be used for activities

related to supporting well-rounded education under section

4107;

‘‘(C) if applicable, how funds will be used for activities

related to supporting safe and healthy students under sec-

tion 4108;

‘‘(D) if applicable, how funds will be used for activities

related to supporting the effective use of technology in

schools under section 4109; and

‘‘(E) the program objectives and intended outcomes

for activities under this subpart, and how the local edu-

cational agency, or consortium of such agencies, will

periodically evaluate the effectiveness of the activities car-

ried out under this section based on such objectives and

outcomes.

‘‘(2) A

SSURANCES

.—Each application shall include assur-

ances that the local educational agency, or consortium of such

agencies, will—

‘‘(A) prioritize the distribution of funds to schools

served by the local educational agency, or consortium of

such agencies, that—

‘‘(i) are among the schools with the greatest needs,

as determined by such local educational agency, or

consortium;

‘‘(ii) have the highest percentages or numbers of

children counted under section 1124(c);

‘‘(iii) are identified for comprehensive support and

improvement under section 1111(c)(4)(D)(i);

‘‘(iv) are implementing targeted support and

improvement plans as described in section 1111(d)(2);

‘‘(v) are identified as a persistently dangerous

public elementary school or secondary school under

section 8532;

‘‘(B) comply with section 8501 (regarding equitable

participation by private school children and teachers);

‘‘(C) use not less than 20 percent of funds received

under this subpart to support one or more of the activities

authorized under section 4107;

‘‘(D) use not less than 20 percent of funds received

under this subpart to support one or more activities author-

ized under section 4108;

‘‘(E) use a portion of funds received under this subpart

to support one or more activities authorized under section

4109(a), including an assurance that the local educational

agency, or consortium of local educational agencies, will

comply with section 4109(b); and

‘‘(F) annually report to the State for inclusion in the

report described in section 4104(a)(2) how funds are being

used under this subpart to meet the requirements of sub-

paragraphs (C) through (E).

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129 STAT. 1977 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(f) S

PECIAL

ULE

.—Any local educational agency receiving an

allocation under section 4105(a)(1) in an amount less than $30,000

shall be required to provide only one of the assurances described

in subparagraphs (C), (D), and (E) of subsection (e)(2).

‘‘SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL

OPPORTUNITIES.

‘‘(a) I

ENERAL

.—Subject to section 4106(f), each local edu-

cational agency, or consortium of such agencies, that receives an

allocation under section 4105(a) shall use a portion of such funds

to develop and implement programs and activities that support

access to a well-rounded education and that—

‘‘(1) are coordinated with other schools and community-

based services and programs;

‘‘(2) may be conducted in partnership with an institution

of higher education, business, nonprofit organization, commu-

nity-based organization, or other public or private entity with

a demonstrated record of success in implementing activities

under this section; and

‘‘(3) may include programs and activities, such as—

‘‘(A) college and career guidance and counseling pro-

grams, such as—

‘‘(i) postsecondary education and career awareness

and exploration activities;

‘‘(ii) training counselors to effectively use labor

market information in assisting students with postsec-

ondary education and career planning; and

‘‘(iii) financial literacy and Federal financial aid

awareness activities;

‘‘(B) programs and activities that use music and the

arts as tools to support student success through the pro-

motion of constructive student engagement, problem

solving, and conflict resolution;

‘‘(C) programming and activities to improve instruction

and student engagement in science, technology,

engineering, and mathematics, including computer science,

(referred to in this section as ‘STEM subjects’) such as—

‘‘(i) increasing access for students through grade

12 who are members of groups underrepresented in

such subject fields, such as female students, minority

students, English learners, children with disabilities,

and economically disadvantaged students, to high-

quality courses;

‘‘(ii) supporting the participation of low-income stu-

dents in nonprofit competitions related to STEM sub-

jects (such as robotics, science research, invention,

mathematics, computer science, and technology com-

petitions);

‘‘(iii) providing hands-on learning and exposure to

science, technology, engineering, and mathematics and

supporting the use of field-based or service learning

to enhance the students’ understanding of the STEM

subjects;

‘‘(iv) supporting the creation and enhancement of

STEM-focused specialty schools;

‘‘(v) facilitating collaboration among school, after-

school program, and informal program personnel to

20 USC 7117.

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129 STAT. 1978 PUBLIC LAW 114–95—DEC. 10, 2015

improve the integration of programming and instruc-

tion in the identified subjects; and

‘‘(vi) integrating other academic subjects, including

the arts, into STEM subject programs to increase

participation in STEM subjects, improve attainment

of skills related to STEM subjects, and promote well-

rounded education;

‘‘(D) efforts to raise student academic achievement

through accelerated learning programs described in section

4104(b)(3)(A)(i)(IV), such as—

‘‘(i) reimbursing low-income students to cover part

or all of the costs of accelerated learning examination

fees, if the low-income students are enrolled in acceler-

ated learning courses and plan to take accelerated

learning examinations; or

‘‘(ii) increasing the availability of, and enrollment

in, accelerated learning courses, accelerated learning

examinations, dual or concurrent enrollment programs,

and early college high school courses;

‘‘(E) activities to promote the development,

implementation, and strengthening of programs to teach

traditional American history, civics, economics, geography,

or government education;

‘‘(F) foreign language instruction;

‘‘(G) environmental education;

‘‘(H) programs and activities that promote volunteerism

and community involvement;

‘‘(I) programs and activities that support educational

programs that integrate multiple disciplines, such as pro-

grams that combine arts and mathematics; or

‘‘(J) other activities and programs to support student

access to, and success in, a variety of well-rounded edu-

cation experiences.

‘‘(b) S

PECIAL

ULE

.—A local educational agency, or consortium

of such agencies, that receives a subgrant under this subpart for

fiscal year 2017 may use such funds to cover part or all of the

fees for accelerated learning examinations taken by low-income

students during the 2016-2017 school year, in accordance with

subsection (a)(3)(D).

‘‘SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.

‘‘Subject to section 4106(f), each local educational agency, or

consortium of such agencies, that receives an allocation under sec-

tion 4105(a) shall use a portion of such funds to develop, implement,

and evaluate comprehensive programs and activities that—

‘‘(1) are coordinated with other schools and community-

based services and programs;

‘‘(2) foster safe, healthy, supportive, and drug-free environ-

ments that support student academic achievement;

‘‘(3) promote the involvement of parents in the activity

or program;

‘‘(4) may be conducted in partnership with an institution

of higher education, business, nonprofit organization, commu-

nity-based organization, or other public or private entity with

a demonstrated record of success in implementing activities

described in this section; and

‘‘(5) may include, among other programs and activities—

20 USC 7118.

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129 STAT. 1979 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) drug and violence prevention activities and pro-

grams that are evidence-based (to the extent the State,

in consultation with local educational agencies in the State,

determines that such evidence is reasonably available)

including—

‘‘(i) programs to educate students against the use

of alcohol, tobacco, marijuana, smokeless tobacco prod-

ucts, and electronic cigarettes; and

‘‘(ii) professional development and training for

school and specialized instructional support personnel

and interested community members in prevention, edu-

cation, early identification, intervention mentoring,

recovery support services and, where appropriate,

rehabilitation referral, as related to drug and violence

prevention;

‘‘(B) in accordance with sections 4001 and 4111—

‘‘(i) school-based mental health services, including

early identification of mental health symptoms, drug

use, and violence, and appropriate referrals to direct

individual or group counseling services, which may

be provided by school-based mental health services

providers; and

‘‘(ii) school-based mental health services partner-

ship programs that—

‘‘(I) are conducted in partnership with a public

or private mental health entity or health care

entity; and

‘‘(II) provide comprehensive school-based

mental health services and supports and staff

development for school and community personnel

working in the school that are—

‘‘(aa) based on trauma-informed practices

that are evidence-based (to the extent the

State, in consultation with local educational

agencies in the State, determines that such

evidence is reasonably available);

‘‘(bb) coordinated (where appropriate) with

early intervening services provided under the

Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.); and

‘‘(cc) provided by qualified mental and

behavioral health professionals who are cer-

tified or licensed by the State involved and

practicing within their area of expertise;

‘‘(C) programs or activities that—

‘‘(i) integrate health and safety practices into

school or athletic programs;

‘‘(ii) support a healthy, active lifestyle, including

nutritional education and regular, structured physical

education activities and programs, that may address

chronic disease management with instruction led by

school nurses, nurse practitioners, or other appropriate

specialists or professionals to help maintain the well-

being of students;

‘‘(iii) help prevent bullying and harassment;

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129 STAT. 1980 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iv) improve instructional practices for developing

relationship-building skills, such as effective commu-

nication, and improve safety through the recognition

and prevention of coercion, violence, or abuse, including

teen and dating violence, stalking, domestic abuse, and

sexual violence and harassment;

‘‘(v) provide mentoring and school counseling to

all students, including children who are at risk of

academic failure, dropping out of school, involvement

in criminal or delinquent activities, or drug use and

abuse;

‘‘(vi) establish or improve school dropout and re-

entry programs; or

‘‘(vii) establish learning environments and enhance

students’ effective learning skills that are essential

for school readiness and academic success, such as

by providing integrated systems of student and family

supports;

‘‘(D) high-quality training for school personnel,

including specialized instructional support personnel,

related to—

‘‘(i) suicide prevention;

‘‘(ii) effective and trauma-informed practices in

classroom management;

‘‘(iii) crisis management and conflict resolution

techniques;

‘‘(iv) human trafficking (defined, for purposes of

this subparagraph, as an act or practice described in

paragraph (9) or (10) of section 103 of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7102));

‘‘(v) school-based violence prevention strategies;

‘‘(vi) drug abuse prevention, including educating

children facing substance abuse at home; and

‘‘(vii) bullying and harassment prevention;

‘‘(E) in accordance with sections 4001 and 4111, child

sexual abuse awareness and prevention programs or activi-

ties, such as programs or activities designed to provide—

‘‘(i) age-appropriate and developmentally-appro-

priate instruction for students in child sexual abuse

awareness and prevention, including how to recognize

child sexual abuse and how to safely report child sexual

abuse; and

‘‘(ii) information to parents and guardians of stu-

dents about child sexual abuse awareness and preven-

tion, including how to recognize child sexual abuse

and how to discuss child sexual abuse with a child;

‘‘(F) designing and implementing a locally-tailored plan

to reduce exclusionary discipline practices in elementary

and secondary schools that—

‘‘(i) is consistent with best practices;

‘‘(ii) includes strategies that are evidence-based (to

the extent the State, in consultation with local edu-

cational agencies in the State, determines that such

evidence is reasonably available); and

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129 STAT. 1981 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) is aligned with the long-term goal of prison

reduction through opportunities, mentoring, interven-

tion, support, and other education services, referred

to as a ‘youth PROMISE plan’; or

‘‘(G) implementation of schoolwide positive behavioral

interventions and supports, including through coordination

with similar activities carried out under the Individuals

with Disabilities Education Act (20 U.S.C. 1400 et seq.),

in order to improve academic outcomes and school condi-

tions for student learning;

‘‘(H) designating a site resource coordinator at a school

or local educational agency to provide a variety of services,

such as—

‘‘(i) establishing partnerships within the commu-

nity to provide resources and support for schools;

‘‘(ii) ensuring that all service and community part-

ners are aligned with the academic expectations of

a community school in order to improve student suc-

cess; and

‘‘(iii) strengthening relationships between schools

and communities; or

‘‘(I) pay for success initiatives aligned with the pur-

poses of this section.

‘‘SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECH-

NOLOGY.

‘‘(a) U

SES OF

UNDS

.—Subject to section 4106(f), each local

educational agency, or consortium of such agencies, that receives

an allocation under section 4015(a) shall use a portion of such

funds to improve the use of technology to improve the academic

achievement, academic growth, and digital literacy of all students,

including by meeting the needs of such agency or consortium that

are identified in the needs assessment conducted under section

4106(d) (if applicable), which may include—

‘‘(1) providing educators, school leaders, and administrators

with the professional learning tools, devices, content, and

resources to—

‘‘(A) personalize learning to improve student academic

achievement;

‘‘(B) discover, adapt, and share relevant high-quality

educational resources;

‘‘(C) use technology effectively in the classroom,

including by administering computer-based assessments

and blended learning strategies; and

‘‘(D) implement and support school- and district-wide

approaches for using technology to inform instruction, sup-

port teacher collaboration, and personalize learning;

‘‘(2) building technological capacity and infrastructure,

which may include—

‘‘(A) procuring content and ensuring content quality;

and

‘‘(B) purchasing devices, equipment, and software

applications in order to address readiness shortfalls;

‘‘(3) developing or using effective 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;

20 USC 7119.

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129 STAT. 1982 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(4) carrying out blended learning projects, which shall

include—

‘‘(A) planning activities, which may include develop-

ment of new instructional models (including blended

learning technology software and platforms), the purchase

of digital instructional resources, initial professional

development activities, and one-time information tech-

nology purchases, except that such expenditures may not

include expenditures related to significant construction or

renovation of facilities; or

‘‘(B) ongoing professional development for teachers,

principals, other school leaders, or other personnel involved

in the project that is designed to support the implementa-

tion and academic success of the project;

‘‘(5) providing professional development in the use of tech-

nology (which may be provided through partnerships with out-

side organizations) to enable teachers and instructional leaders

to increase student achievement in the areas of science, tech-

nology, engineering, and mathematics, including computer

science; and

‘‘(6) providing students in rural, remote, and underserved

areas with the resources to take advantage of high-quality

digital learning experiences, digital resources, and access to

online courses taught by effective educators.

‘‘(b) S

PECIAL

ULE

.—A local educational agency, or consortium

of such agencies, shall not use more than 15 percent of funds

for purchasing technology infrastructure as described in subsection

(a)(2)(B), which shall include technology infrastructure purchased

for the activities under subsection (a)(4)(A).

‘‘SEC. 4110. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this subpart shall be used to

supplement, and not supplant, non-Federal funds that would other-

wise be used for activities authorized under this subpart.

‘‘SEC. 4111. RULE OF CONSTRUCTION.

‘‘Nothing in this subpart may be construed to—

‘‘(1) authorize activities or programming that encourages

teenage sexual activity; or

‘‘(2) prohibit effective activities or programming that meet

the requirements of section 8526.

‘‘SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) I

ENERAL

.—There are authorized to be appropriated

to carry out this subpart $1,650,000,000 for fiscal year 2017 and

$1,600,000,000 for each of fiscal years 2018 through 2020.

‘‘(b) F

ORWARD

UNDING

.—Section 420 of the General Education

Provisions Act (20 U.S.C. 1223) shall apply to this subpart.’’.

PART B—21ST CENTURY COMMUNITY

LEARNING CENTERS

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.

(a) P

ROGRAM

UTHORIZED

.—Part B of title IV (20 U.S.C. 7171

et seq.) is amended to read as follows:

20 USC 7122.

20 USC 7121.

20 USC 7120.

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129 STAT. 1983 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘PART B—21ST CENTURY COMMUNITY

LEARNING CENTERS

‘‘SEC. 4201. PURPOSE; DEFINITIONS.

‘‘(a) P

URPOSE

.—The purpose of this part is to provide opportuni-

ties for communities to establish or expand activities in community

learning centers that—

‘‘(1) provide opportunities for academic enrichment,

including providing tutorial services to help students, particu-

larly students who attend low-performing schools, to meet the

challenging State academic standards;

‘‘(2) offer students a broad array of additional services,

programs, and activities, such as youth development activities,

service learning, nutrition and health education, drug and

violence prevention programs, counseling programs, arts, music,

physical fitness and wellness programs, technology education

programs, financial literacy programs, environmental literacy

programs, mathematics, science, career and technical programs,

internship or apprenticeship programs, and other ties to an

in-demand industry sector or occupation for high school stu-

dents that are designed to reinforce and complement the regular

academic program of participating students; and

‘‘(3) offer families of students served by community learning

centers opportunities for active and meaningful engagement

in their children’s education, including opportunities for literacy

and related educational development.

‘‘(b) D

EFINITIONS

.—In this part:

‘‘(1) C

OMMUNITY LEARNING CENTER

.—The term ‘community

learning center’ means an entity that—

‘‘(A) assists students to meet the challenging State

academic standards by providing the students with aca-

demic enrichment activities and a broad array of other

activities (such as programs and activities described in

subsection (a)(2)) during nonschool hours or periods when

school is not in session (such as before and after school

or during summer recess) that—

‘‘(i) reinforce and complement the regular academic

programs of the schools attended by the students

served; and

‘‘(ii) are targeted to the students’ academic needs

and aligned with the instruction students receive

during the school day; and

‘‘(B) offers families of students served by such center

opportunities for active and meaningful engagement in

their children’s education, including opportunities for lit-

eracy and related educational development.

‘‘(2) C

OVERED PROGRAM

.—The term ‘covered program’

means a program for which—

‘‘(A) the Secretary made a grant under this part (as

this part was in effect on the day before the effective

date of this part under the Every Student Succeeds Act);

and

‘‘(B) the grant period had not ended on that effective

date.

‘‘(3) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means a

local educational agency, community-based organization, Indian

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129 STAT. 1984 PUBLIC LAW 114–95—DEC. 10, 2015

tribe or tribal organization (as such terms are defined in section

4 of the Indian Self-Determination and Education Act (25 U.S.C.

450b)), another public or private entity, or a consortium of

2 or more such agencies, organizations, or entities.

‘‘(4) E

XTERNAL ORGANIZATION

.—The term ‘external

organization’ means—

‘‘(A) a nonprofit organization with a record of success

in running or working with before and after school (or

summer recess) programs and activities; or

‘‘(B) in the case of a community where there is no

such organization, a nonprofit organization in the commu-

nity that enters into a written agreement or partnership

with an organization described in subparagraph (A) to

receive mentoring and guidance in running or working

with before and after school (or summer recess) programs

and activities.

‘‘(5) R

IGOROUS PEER

REVIEW PROCESS

.—The term ‘rigorous

peer-review process’ means a process by which—

‘‘(A) employees of a State educational agency who are

familiar with the programs and activities assisted under

this part review all applications that the State receives

for awards under this part for completeness and applicant

eligibility;

‘‘(B) the State educational agency selects peer

reviewers for such applications, who shall—

‘‘(i) be selected for their expertise in providing

effective academic, enrichment, youth development,

and related services to children; and

‘‘(ii) not include any applicant, or representative

of an applicant, that has submitted an application

under this part for the current application period; and

‘‘(C) the peer reviewers described in subparagraph (B)

review and rate the applications to determine the extent

to which the applications meet the requirements under

sections 4204(b) and 4205.

‘‘(6) S

TATE

.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 4202. ALLOTMENTS TO STATES.

‘‘(a) R

ESERVATION

.—From the funds appropriated under section

4206 for any fiscal year, the Secretary shall reserve—

‘‘(1) such amounts as may be necessary to make continu-

ation awards to subgrant recipients under covered programs

(under the terms of those grants);

‘‘(2) 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 eligible

entities carrying out programs under this part or conducting

a national evaluation; and

‘‘(3) not more than 1 percent for payments to the outlying

areas and the Bureau of Indian Education, to be allotted in

accordance with their respective needs for assistance under

this part, as determined by the Secretary, to enable the outlying

areas and the Bureau to carry out the purpose of this part.

‘‘(b) S

TATE

LLOTMENTS

.—

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129 STAT. 1985 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) D

ETERMINATION

.—From the funds appropriated under

section 4206 for any fiscal year and remaining after the Sec-

retary makes reservations under subsection (a), the Secretary

shall allot to each State for the fiscal year an amount that

bears the same relationship to the remainder as the amount

the State received under subpart 2 of part A of title I for

the preceding fiscal year bears to the amount all States received

under that subpart for the preceding fiscal year, except that

no State shall receive less than an amount equal to one-half

of 1 percent of the total amount made available to all States

under this subsection.

‘‘(2) R

EALLOTMENT OF UNUSED FUNDS

.—If a State does not

receive an allotment under this part for a fiscal year, the

Secretary shall reallot the amount of the State’s allotment

to the remaining States in accordance with this part.

‘‘(c) S

TATE

SE OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Each State that receives an allotment

under this part shall reserve not less than 93 percent of the

amount allotted to such State under subsection (b), for each

fiscal year for awards to eligible entities under section 4204.

‘‘(2) S

TATE ADMINISTRATION

.—A State educational agency

may use not more than 2 percent of the amount made available

to the State under subsection (b) for—

‘‘(A) the administrative costs of carrying out its respon-

sibilities under this part;

‘‘(B) establishing and implementing a rigorous peer-

review process for subgrant applications described in sec-

tion 4204(b) (including consultation with the Governor and

other State agencies responsible for administering youth

development programs and adult learning activities); and

‘‘(C) awarding of funds to eligible entities (in consulta-

tion with the Governor and other State agencies responsible

for administering youth development programs and adult

learning activities).

‘‘(3) S

TATE ACTIVITIES

.—A State educational agency may

use not more than 5 percent of the amount made available

to the State under subsection (b) for the following activities:

‘‘(A) Monitoring and evaluating programs and activities

assisted under this part.

‘‘(B) Providing capacity building, training, and tech-

nical assistance under this part.

‘‘(C) Conducting a comprehensive evaluation (directly,

or through a grant or contract) of the effectiveness of pro-

grams and activities assisted under this part.

‘‘(D) Providing training and technical assistance to

eligible entities that are applicants for or recipients of

awards under this part.

‘‘(E) Ensuring that any eligible entity that receives

an award under this part from the State aligns the activi-

ties provided by the program with the challenging State

academic standards.

‘‘(F) Ensuring that any such eligible entity identifies

and partners with external organizations, if available, in

the community.

‘‘(G) Working with teachers, principals, parents, the

local workforce, the local community, and other stake-

holders to review and improve State policies and practices

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129 STAT. 1986 PUBLIC LAW 114–95—DEC. 10, 2015

to support the implementation of effective programs under

this part.

‘‘(H) Coordinating funds received under this part with

other Federal and State funds to implement high-quality

programs.

‘‘(I) Providing a list of prescreened external organiza-

tions, as described under section 4203(a)(11).

‘‘SEC. 4203. STATE APPLICATION.

‘‘(a) I

ENERAL

.—In order to receive an allotment under sec-

tion 4202 for any fiscal year, a State shall submit to the Secretary,

at such time as the Secretary may require, an application that—

‘‘(1) designates the State educational agency as the agency

responsible for the administration and supervision of programs

assisted under this part;

‘‘(2) describes how the State educational agency will use

funds received under this part, including funds reserved for

State-level activities;

‘‘(3) contains an assurance that the State educational

agency—

‘‘(A) will make awards under this part to eligible enti-

ties that serve—

‘‘(i) students who primarily attend—

‘‘(I) schools implementing comprehensive sup-

port and improvement activities or targeted sup-

port and improvement activities under section

1111(d); and

‘‘(II) other schools determined by the local edu-

cational agency to be in need of intervention and

support; and

‘‘(ii) the families of such students; and

‘‘(B) will further give priority to eligible entities that

propose in the application to serve students described in

subclauses (I) and (II) of section 4204(i)(1)(A)(i);

‘‘(4) describes the procedures and criteria the State edu-

cational agency will use for reviewing applications and

awarding funds to eligible entities on a competitive basis, which

shall include procedures and criteria that take into consider-

ation the likelihood that a proposed community learning center

will help participating students meet the challenging State

academic standards and any local academic standards;

‘‘(5) describes how the State educational agency will ensure

that awards made under this part are—

‘‘(A) of sufficient size and scope to support high-quality,

effective programs that are consistent with the purpose

of this part; and

‘‘(B) in amounts that are consistent with section

4204(h);

‘‘(6) describes the steps the State educational agency will

take to ensure that programs implement effective strategies,

including providing ongoing technical assistance and training,

evaluation, dissemination of promising practices, and coordina-

tion of professional development for staff in specific content

areas and youth development;

‘‘(7) describes how programs under this part will be coordi-

nated with programs under this Act, and other programs as

appropriate;

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129 STAT. 1987 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(8) contains an assurance that the State educational

agency—

‘‘(A) will make awards for programs for a period of

not less than 3 years and not more than 5 years; and

‘‘(B) will require each eligible entity seeking such an

award to submit a plan describing how the activities to

be funded through the award will continue after funding

under this part ends;

‘‘(9) contains an assurance that funds appropriated to carry

out this part will be used to supplement, and not supplant,

other Federal, State, and local public funds expended to provide

programs and activities authorized under this part and other

similar programs;

‘‘(10) contains an assurance that the State educational

agency will require eligible entities to describe in their applica-

tions under section 4204(b) how the transportation needs of

participating students will be addressed;

‘‘(11) describes how the State will—

‘‘(A) prescreen external organizations that could pro-

vide assistance in carrying out the activities under this

part; and

‘‘(B) develop and make available to eligible entities

a list of external organizations that successfully completed

the prescreening process;

‘‘(12) provides—

‘‘(A) an assurance that the application was developed

in consultation and coordination with appropriate State

officials, including the chief State school officer, and other

State agencies administering before and after school (or

summer recess) programs and activities, the heads of the

State health and mental health agencies or their designees,

statewide after-school networks (where applicable) and rep-

resentatives of teachers, local educational agencies, and

community-based organizations; and

‘‘(B) a description of any other representatives of

teachers, parents, students, or the business community

that the State has selected to assist in the development

of the application, if applicable;

‘‘(13) describes the results of the State’s needs and

resources assessment for before and after school (or summer

recess) programs and activities, which shall be based on the

results of on-going State evaluation activities;

‘‘(14) describes how the State educational agency will

evaluate the effectiveness of programs and activities carried

out under this part, which shall include, at a minimum—

‘‘(A) a description of the performance indicators and

performance measures that will be used to evaluate pro-

grams and activities with emphasis on alignment with

the regular academic program of the school and the aca-

demic needs of participating students, including perform-

ance indicators and measures that—

‘‘(i) are able to track student success and improve-

ment over time;

‘‘(ii) include State assessment results and other

indicators of student success and improvement, such

as improved attendance during the school day, better

classroom grades, regular (or consistent) program

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129 STAT. 1988 PUBLIC LAW 114–95—DEC. 10, 2015

attendance, and on-time advancement to the next

grade level; and

‘‘(iii) for high school students, may include indica-

tors such as career competencies, successful completion

of internships or apprenticeships, or work-based

learning opportunities;

‘‘(B) a description of how data collected for the purposes

of subparagraph (A) will be collected; and

‘‘(C) public dissemination of the evaluations of pro-

grams and activities carried out under this part; and

‘‘(15) provides for timely public notice of intent to file

an application and an assurance that the application will be

available for public review after submission.

‘‘(b) D

EEMED

PPROVAL

.—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 applica-

tion, that the application is not in compliance with this part.

‘‘(c) D

ISAPPROVAL

.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency

notice and an opportunity for a hearing.

‘‘(d) N

OTIFICATION

.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this part, the

Secretary shall—

‘‘(1) give the State educational agency notice and an oppor-

tunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance and, in such notification—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the non-

compliant provisions, needed to make the application

compliant.

‘‘(e) R

ESPONSE

.—If the State educational agency responds to

the Secretary’s notification described in subsection (d)(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 (d)(2)(B), the Sec-

retary 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 sub-

section (b).

‘‘(f) F

AILURE TO

ESPOND

.—If the State educational agency

does not respond to the Secretary’s notification described in sub-

section (d)(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.

‘‘(g) L

IMITATION

.—The Secretary may not give a priority or

a preference for States or eligible entities that seek to use funds

made available under this part to extend the regular school day.

‘‘SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

‘‘(a) I

ENERAL

.—

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129 STAT. 1989 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) C

OMMUNITY LEARNING CENTERS

.—A State that receives

funds under this part for a fiscal year shall provide the amount

made available under section 4202(c)(1) to award subgrants

to eligible entities for community learning centers in accordance

with this part.

‘‘(2) E

XPANDED LEARNING PROGRAM ACTIVITIES

.—A State

that receives funds under this part for a fiscal year may use

funds under section 4202(c)(1) to support those enrichment

and engaging academic activities described in section 4205(a)

that—

‘‘(A) are included as part of an expanded learning

program that provides students at least 300 additional

program hours before, during, or after the traditional school

day;

‘‘(B) supplement but do not supplant regular school

day requirements; and

‘‘(C) are carried out by entities that meet the require-

ments of subsection (i).

‘‘(b) A

PPLICATION

.—

‘‘(1) I

N GENERAL

.—To be eligible to receive a subgrant under

this part, an eligible entity shall submit an application to

the State educational agency at such time, in such manner,

and including such information as the State educational agency

may reasonably require.

‘‘(2) C

ONTENTS

.—Each application submitted under para-

graph (1) shall include—

‘‘(A) a description of the activities to be funded,

including—

‘‘(i) an assurance that the program will take place

in a safe and easily accessible facility;

‘‘(ii) a description of how students participating

in the program carried out by the community learning

center will travel safely to and from the center and

home, if applicable; and

‘‘(iii) a description of how the eligible entity will

disseminate information about the community learning

center (including its location) to the community in

a manner that is understandable and accessible;

‘‘(B) a description of how such activities are expected

to improve student academic achievement as well as overall

student success;

‘‘(C) a demonstration of how the proposed program

will coordinate Federal, State, and local programs and

make the most effective use of public resources;

‘‘(D) an assurance that the proposed program was

developed and will be carried out—

‘‘(i) in active collaboration with the schools that

participating students attend (including through the

sharing of relevant data among the schools), all partici-

pants of the eligible entity, and any partnership enti-

ties described in subparagraph (H), in compliance with

applicable laws relating to privacy and confidentiality;

and

‘‘(ii) in alignment with the challenging State aca-

demic standards and any local academic standards;

‘‘(E) a description of how the activities will meet the

measures of effectiveness described in section 4205(b);

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129 STAT. 1990 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(F) an assurance that the program will target students

who primarily attend schools eligible for schoolwide pro-

grams under section 1114 and the families of such students;

‘‘(G) an assurance that subgrant funds under this part

will be used to increase the level of State, local, and other

non-Federal funds that would, in the absence of funds

under this part, be made available for programs and activi-

ties authorized under this part, and in no case supplant

Federal, State, local, or non-Federal funds;

‘‘(H) a description of the partnership between a local

educational agency, a community-based organization, and

another public entity or private entity, if appropriate;

‘‘(I) an evaluation of the community needs and avail-

able resources for the community learning center, and a

description of how the program proposed to be carried

out in the center will address those needs (including the

needs of working families);

‘‘(J) a demonstration that the eligible entity will use

best practices, including research or evidence-based prac-

tices, to provide educational and related activities that

will complement and enhance academic performance,

achievement, postsecondary and workforce preparation,

and positive youth development of the students;

‘‘(K) a description of a preliminary plan for how the

community learning center will continue after funding

under this part ends;

‘‘(L) an assurance that the community will be given

notice of an intent to submit an application and that the

application and any waiver request will be available for

public review after submission of the application;

‘‘(M) if the eligible entity plans to use volunteers in

activities carried out through the community learning

center, a description of how the eligible entity will encour-

age and use appropriately qualified persons to serve as

the volunteers; and

‘‘(N) such other information and assurances as the

State educational agency may reasonably require.

‘‘(c) A

PPROVAL OF

ERTAIN

PPLICATIONS

.—The State edu-

cational agency may approve an application under this part for

a program to be located in a facility other than an elementary

school or secondary school only if the program will be at least

as available and accessible to the students to be served as if the

program were located in an elementary school or secondary school.

‘‘(d) P

ERMISSIVE

OCAL

ATCH

.—

‘‘(1) I

N GENERAL

.—A State educational agency may require

an eligible entity to match subgrant funds awarded under this

part, except that such match may not exceed the amount of

the subgrant and may not be derived from other Federal or

State funds.

‘‘(2) S

LIDING SCALE

.—The amount of a match under para-

graph (1) shall be established based on a sliding scale that

takes into account—

‘‘(A) the relative poverty of the population to be tar-

geted by the eligible entity; and

‘‘(B) the ability of the eligible entity to obtain such

matching funds.

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129 STAT. 1991 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) I

KIND CONTRIBUTIONS

.—Each State educational

agency that requires an eligible entity to match funds under

this subsection shall permit the eligible entity to provide all

or any portion of such match in the form of in-kind contribu-

tions.

‘‘(4) C

ONSIDERATION

.—Notwithstanding this subsection, a

State educational agency shall not consider an eligible entity’s

ability to match funds when determining which eligible entities

will receive subgrants under this part.

‘‘(e) P

EER

EVIEW

.—In reviewing local applications under this

part, a State educational agency shall use a rigorous peer-review

process or other methods to ensure the quality of funded projects.

‘‘(f) G

EOGRAPHIC

IVERSITY

.—To the extent practicable, a State

educational agency shall distribute subgrant funds under this part

equitably among geographic areas within the State, including urban

and rural communities.

‘‘(g) D

URATION OF

WARDS

.—A subgrant awarded under this

part shall be awarded for a period of not less than 3 years and

not more than 5 years.

‘‘(h) A

MOUNT OF

WARDS

.—A subgrant awarded under this

part may not be made in an amount that is less than $50,000.

‘‘(i) P

RIORITY

.—

‘‘(1) I

N GENERAL

.—In awarding subgrants under this part,

a State educational agency shall give priority to applications—

‘‘(A) proposing to target services to—

‘‘(i) students who primarily attend schools that—

‘‘(I) are implementing comprehensive support

and improvement activities or targeted support

and improvement activities under section 1111(d)

or other schools determined by the local edu-

cational agency to be in need of intervention and

support to improve student academic achievement

and other outcomes; and

‘‘(II) enroll students who may be at risk for

academic failure, dropping out of school, involve-

ment in criminal or delinquent activities, or who

lack strong positive role models; and

‘‘(ii) the families of students described in clause

(i);

‘‘(B) submitted jointly by eligible entities consisting

of not less than 1—

‘‘(i) local educational agency receiving funds under

part A of title I; and

‘‘(ii) another eligible entity; and

‘‘(C) demonstrating that the activities proposed in the

application—

‘‘(i) are, as of the date of the submission of the

application, not accessible to students who would be

served; or

‘‘(ii) would expand accessibility to high-quality

services that may be available in the community.

‘‘(2) S

PECIAL RULE

.—The State educational agency shall

provide the same priority under paragraph (1) to an application

submitted by a local educational agency if the local educational

agency demonstrates that it is unable to partner with a commu-

nity-based organization in reasonable geographic proximity and

of sufficient quality to meet the requirements of this part.

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129 STAT. 1992 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) L

IMITATION

.—A State educational agency may not give

a priority or a preference to eligible entities that seek to use

funds made available under this part to extend the regular

school day.

‘‘(j) R

ENEWABILITY OF

WARDS

.—A State educational agency

may renew a subgrant provided under this part to an eligible

entity, based on the eligible entity’s performance during the pre-

ceding subgrant period.

‘‘SEC. 4205. LOCAL ACTIVITIES.

‘‘(a) A

UTHORIZED

CTIVITIES

.—Each eligible entity that receives

an award under section 4204 may use the award funds to carry

out a broad array of activities that advance student academic

achievement and support student success, including—

‘‘(1) academic enrichment learning programs, mentoring

programs, remedial education activities, and tutoring services,

that are aligned with—

‘‘(A) the challenging State academic standards and any

local academic standards; and

‘‘(B) local curricula that are designed to improve stu-

dent academic achievement;

‘‘(2) well-rounded education activities, including such activi-

ties that enable students to be eligible for credit recovery or

attainment;

‘‘(3) literacy education programs, including financial lit-

eracy programs and environmental literacy programs;

‘‘(4) programs that support a healthy and active lifestyle,

including nutritional education and regular, structured physical

activity programs;

‘‘(5) services for individuals with disabilities;

‘‘(6) programs that provide after-school activities for stu-

dents who are English learners that emphasize language skills

and academic achievement;

‘‘(7) cultural programs;

‘‘(8) telecommunications and technology education pro-

grams;

‘‘(9) expanded library service hours;

‘‘(10) parenting skills programs that promote parental

involvement and family literacy;

‘‘(11) programs that provide assistance to students who

have been truant, suspended, or expelled to allow the students

to improve their academic achievement;

‘‘(12) drug and violence prevention programs and counseling

programs;

‘‘(13) programs that build skills in science, technology,

engineering, and mathematics (referred to in this paragraph

as ‘STEM’), including computer science, and that foster innova-

tion in learning by supporting nontraditional STEM education

teaching methods; and

‘‘(14) programs that partner with in-demand fields of the

local workforce or build career competencies and career readi-

ness and ensure that local workforce and career readiness

skills are aligned with the Carl D. Perkins Career and Technical

Education Act of 2006 (20 U.S.C. 2301 et seq.) and the

Workforce Innovation and Opportunity Act (29 U.S.C. 3101

et seq.).

‘‘(b) M

EASURES OF

FFECTIVENESS

.—

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129 STAT. 1993 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) I

N GENERAL

.—For a program or activity developed

pursuant to this part to meet the measures of effectiveness,

monitored by the State educational agency as described in

section 4203(a)(14), such program or activity shall—

‘‘(A) be based upon an assessment of objective data

regarding the need for before and after school (or summer

recess) programs and activities in the schools and commu-

nities;

‘‘(B) be based upon an established set of performance

measures aimed at ensuring the availability of high-quality

academic enrichment opportunities;

‘‘(C) if appropriate, be based upon evidence-based

research that the program or activity will help students

meet the challenging State academic standards and any

local academic standards;

‘‘(D) ensure that measures of student success align

with the regular academic program of the school and the

academic needs of participating students and include

performance indicators and measures described in section

4203(a)(14)(A); and

‘‘(E) collect the data necessary for the measures of

student success described in subparagraph (D).

‘‘(2) P

ERIODIC EVALUATION

.—

‘‘(A) I

N GENERAL

.—The program or activity shall

undergo a periodic evaluation in conjunction with the State

educational agency’s overall evaluation plan as described

in section 4203(a)(14), to assess the program’s progress

toward achieving the goal of providing high-quality

opportunities for academic enrichment and overall student

success.

‘‘(B) U

SE 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;

‘‘(ii) made available to the public upon request,

with public notice of such availability provided; and

‘‘(iii) used by the State to determine whether a

subgrant is eligible to be renewed under section 4204(j).

‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for

each of fiscal years 2018 through 2020.’’.

PART C—EXPANDING OPPORTUNITY

THROUGH QUALITY CHARTER SCHOOLS

SEC. 4301. CHARTER SCHOOLS.

Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated

by section 4001, is amended—

(1) by striking sections 4301 through 4305, as redesignated

by section 4001, and inserting the following:

‘‘SEC. 4301. PURPOSE.

‘‘It is the purpose of this part to—

20 USC 7221.

20 USC 7221,

7221a–7221d.

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129 STAT. 1994 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) improve the United States education system and edu-

cation opportunities for all people in the United States by

supporting innovation in public education in public school set-

tings that prepare students to compete and contribute to the

global economy and a stronger Nation;

‘‘(2) provide financial assistance for the planning, program

design, and initial implementation of charter schools;

‘‘(3) increase the number of high-quality charter schools

available to students across the United States;

‘‘(4) evaluate the impact of charter schools on student

achievement, families, and communities, and share best prac-

tices between charter schools and other public schools;

‘‘(5) encourage States to provide support to charter schools

for facilities financing in an amount more nearly commensurate

to the amount States typically provide for traditional public

schools;

‘‘(6) expand opportunities for children with disabilities,

English learners, and other traditionally underserved students

to attend charter schools and meet the challenging State aca-

demic standards;

‘‘(7) support efforts to strengthen the charter school author-

izing process to improve performance management, including

transparency, oversight and monitoring (including financial

audits), and evaluation of such schools; and

‘‘(8) support quality, accountability, and transparency in

the operational performance of all authorized public chartering

agencies, including State educational agencies, local educational

agencies, and other authorizing entities.

‘‘SEC. 4302. PROGRAM AUTHORIZED.

‘‘(a) I

ENERAL

.—The Secretary may carry out a charter school

program that supports charter schools that serve early childhood,

elementary school, or secondary school students by—

‘‘(1) supporting the startup of new charter schools, the

replication of high-quality charter schools, and the expansion

of high-quality 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) the activities described in paragraph (1);

‘‘(B) the dissemination of best practices of charter

schools for all schools;

‘‘(C) the evaluation of the impact of the charter school

program under this part on schools participating in such

program; and

‘‘(D) stronger charter school authorizing practices.

‘‘(b) F

UNDING

LLOTMENT

.—From the amount made available

under section 4311 for a fiscal year, the Secretary shall—

‘‘(1) reserve 12.5 percent to support charter school facilities

assistance under section 4304;

‘‘(2) reserve 22.5 percent to carry out national activities

under section 4305; and

‘‘(3) use the remaining amount after the reservations under

paragraphs (1) and (2) to carry out section 4303.

‘‘(c) P

RIOR

RANTS AND

UBGRANTS

.—The recipient of a grant

or subgrant under part B of title V (as such part was in effect

on the day before the date of enactment of the Every Student

20 USC 7221a.

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129 STAT. 1995 PUBLIC LAW 114–95—DEC. 10, 2015

Succeeds Act) shall continue to receive funds in accordance with

the terms and conditions of such grant or subgrant.

‘‘SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

‘‘(a) S

TATE

NTITY

EFINED

.—For purposes of this section, the

term ‘State entity’ means—

‘‘(1) a State educational agency;

‘‘(2) a State charter school board;

‘‘(3) a Governor of a State; or

‘‘(4) a charter school support organization.

‘‘(b) P

ROGRAM

UTHORIZED

.—From the amount available under

section 4302(b)(3), the Secretary shall award, on a competitive

basis, grants to State entities having applications approved under

subsection (f) to enable such entities to—

‘‘(1) award subgrants to eligible applicants to enable eligible

applicants to—

‘‘(A) open and prepare for the operation of new charter

schools;

‘‘(B) open and prepare for the operation of replicated

high-quality charter schools; or

‘‘(C) expand high-quality charter schools; and

‘‘(2) provide technical assistance to eligible applicants and

authorized public chartering agencies in carrying out the activi-

ties described in paragraph (1), and work with authorized public

chartering agencies in the State to improve authorizing quality,

including developing capacity for, and conducting, fiscal over-

sight and auditing of charter schools.

‘‘(c) S

TATE

NTITY

SES OF

UNDS

.—

‘‘(1) I

N GENERAL

.—A State entity receiving a grant under

this section shall—

‘‘(A) use not less than 90 percent of the grant funds

to award subgrants to eligible applicants, in accordance

with the quality charter school program described in the

State entity’s application pursuant to subsection (f), for

the purposes described in subsection (b)(1);

‘‘(B) reserve not less than 7 percent of such funds

to carry out the activities described in subsection (b)(2);

and

‘‘(C) reserve not more than 3 percent of such funds

for administrative costs, which may include technical

assistance.

‘‘(2) C

ONTRACTS AND GRANTS

.—A State entity may use a

grant received under this section to carry out the activities

described in subsection (b)(2) directly or through grants, con-

tracts, or cooperative agreements.

‘‘(3) R

ULE OF CONSTRUCTION

.—

‘‘(A) U

SE OF LOTTERY

.—Nothing in this Act shall pro-

hibit the Secretary from awarding grants to State entities,

or prohibit State entities from awarding subgrants to

eligible applicants, that use a weighted lottery to give

slightly better chances for admission to all, or a subset

of, educationally disadvantaged students if—

‘‘(i) the use of weighted lotteries in favor of such

students is not prohibited by State law, and such State

law is consistent with laws described in section

4310(2)(G); and

20 USC 7221b.

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129 STAT. 1996 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) such weighted lotteries are not used for the

purpose of creating schools exclusively to serve a par-

ticular subset of students.

‘‘(B) S

TUDENTS WITH SPECIAL NEEDS

.—Nothing in this

paragraph shall be construed to prohibit schools from

specializing in providing specific services for students with

a demonstrated need for such services, such as students

who need specialized instruction in reading, spelling, or

writing.

‘‘(d) P

ROGRAM

ERIODS

; P

EER

EVIEW

; D

ISTRIBUTION OF

GRANTS

; W

AIVERS

.—

‘‘(1) P

ROGRAM PERIODS

.—

‘‘(A) G

RANTS

.—A grant awarded by the Secretary to

a State entity under this section shall be for a period

of not more than 5 years.

‘‘(B) S

UBGRANTS

.—A subgrant awarded by a State

entity under this section shall be for a period of not more

than 5 years, of which an eligible applicant may use not

more than 18 months for planning and program design.

‘‘(2) P

EER REVIEW

.—The Secretary, and each State entity

awarding subgrants under this section, shall use a peer-review

process to review applications for assistance under this section.

‘‘(3) G

RANT AWARDS

.—

‘‘(A) I

N GENERAL

.—The Secretary—

‘‘(i) shall for each fiscal year for which funds are

appropriated under section 4311—

‘‘(I) award not less than 3 grants under this

section; and

‘‘(II) fully obligate the first 2 years of funds

appropriated for the purpose of awarding grants

under this section in the first fiscal year for which

such grants are awarded; and

‘‘(ii) prior to the start of the third year of the

grant period and each succeeding year of each grant

awarded under this section to a State entity—

‘‘(I) shall review—

‘‘(aa) whether the State entity is using

the grant funds for the agreed upon uses of

funds; and

‘‘(bb) whether the full amount of the grant

will be needed for the remainder of the grant

period; and

‘‘(II) may, as determined necessary based on

that review, terminate or reduce the amount of

the grant and reallocate the remaining grant funds

to other State entities—

‘‘(aa) by using such funds to award grants

under this section to other State entities; or

‘‘(bb) in a fiscal year in which the amount

of such remaining funds is insufficient to

award grants under item (aa), in accordance

with subparagraph (B).

‘‘(B) R

EMAINING FUNDING

.—For a fiscal year for which

there are remaining grant funds under this paragraph,

but the amount of such funds is insufficient to award

a grant to a State entity under this section, the Secretary

shall use such remaining grants funds—

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129 STAT. 1997 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) to supplement funding for grants under section

4305(a)(2), but not to supplant—

‘‘(I) the funds reserved under section

4305(a)(2); and

‘‘(II) funds otherwise reserved under section

4302(b)(2) to carry out national activities under

section 4305;

‘‘(ii) to award grants to State entities to carry

out the activities described in subsection (b)(1) for the

next fiscal year; or

‘‘(iii) to award one year of a grant under subsection

(b)(1) to a high-scoring State entity, in an amount

at or above the minimum amount the State entity

needs to be successful for such year.

‘‘(4) D

IVERSITY OF PROJECTS

.—Each State 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.

‘‘(5) W

AIVERS

.—The Secretary may waive any statutory

or regulatory requirement over which the Secretary exercises

administrative authority, except any such requirement relating

to the elements of a charter school described in section 4310(2),

if—

‘‘(A) the waiver is requested in an approved application

under this section; and

‘‘(B) the Secretary determines that granting such

waiver will promote the purpose of this part.

‘‘(e) L

IMITATIONS

.—

‘‘(1) G

RANTS

.—No State entity may receive a grant under

this section for use in a State in which a State entity is

currently using a grant received under this section.

‘‘(2) S

UBGRANTS

.—An eligible applicant may not receive

more than 1 subgrant under this section for each individual

charter school for a 5-year period, unless the eligible applicant

demonstrates to the State entity that such individual charter

school has at least 3 years of improved educational results

for students enrolled in such charter school with respect to

the elements described in subparagraphs (A) and (D) of section

4310(8).

‘‘(f) A

PPLICATIONS

.—A State 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) D

ESCRIPTION OF PROGRAM

.—A description of the State

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 State entity will—

‘‘(i) support the opening of charter schools through

the startup of new charter schools and, if applicable,

the replication of high-quality charter schools, and the

expansion of high-quality charter schools (including

the proposed number of new charter schools to be

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129 STAT. 1998 PUBLIC LAW 114–95—DEC. 10, 2015

opened, high-quality charter schools to be opened as

a result of the replication of a high-quality charter

school, or high-quality charter schools to be expanded

under the State entity’s program);

‘‘(ii) inform eligible charter schools, developers, and

authorized public chartering agencies of the avail-

ability of funds under the program;

‘‘(iii) work with eligible applicants to ensure that

the eligible applicants access all Federal funds that

such applicants are eligible to receive, and help the

charter schools supported by the applicants and the

students attending those charter schools—

‘‘(I) participate in the Federal programs in

which the schools and students are eligible to

participate;

‘‘(II) receive the commensurate share of Fed-

eral funds the schools and students are eligible

to receive under such programs; and

‘‘(III) meet the needs of students served under

such programs, including students with disabilities

and English learners;

‘‘(iv) ensure that authorized public chartering

agencies, in collaboration with surrounding local edu-

cational agencies where applicable, establish clear

plans and procedures to assist students enrolled in

a charter school that closes or loses its charter to

attend other high-quality schools;

‘‘(v) in the case of a State entity that is not a

State educational agency—

‘‘(I) work with the State educational agency

and charter schools in the State to maximize

charter school participation in Federal and State

programs for which charter schools are eligible;

and

‘‘(II) work with the State educational agency

to operate the State entity’s program under this

section, if applicable;

‘‘(vi) ensure that each eligible applicant that

receives a subgrant under the State entity’s program—

‘‘(I) is using funds provided under this section

for one of the activities described in subsection

(b)(1); and

‘‘(II) is prepared to continue to operate charter

schools funded under this section in a manner

consistent with the eligible applicant’s application

for such subgrant once the subgrant funds under

this section are no longer available;

‘‘(vii) support—

‘‘(I) charter schools in local educational agen-

cies with a significant number of schools identified

by the State for comprehensive support and

improvement under section 1111(c)(4)(D)(i); and

‘‘(II) the use of charter schools to improve

struggling schools, or to turn around struggling

schools;

‘‘(viii) work with charter schools on—

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129 STAT. 1999 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) recruitment and enrollment practices to

promote inclusion of all students, including by

eliminating any barriers to enrollment for

educationally disadvantaged students (who include

foster youth and unaccompanied homeless youth);

and

‘‘(II) supporting all students once they are

enrolled to promote retention, including by

reducing the overuse of discipline practices that

remove students from the classroom;

‘‘(ix) share best and promising practices between

charter schools and other public schools;

‘‘(x) ensure that charter schools receiving funds

under the State entity’s program meet the educational

needs of their students, including children with disabil-

ities and English learners;

‘‘(xi) support efforts to increase charter school

quality initiatives, including meeting the quality

authorizing elements described in paragraph (2)(D);

‘‘(xii)(I) in the case of a State entity not described

in subclause (II), a description of how the State entity

will provide oversight of authorizing activity, including

how the State will help ensure better authorizing, such

as by establishing authorizing standards that may

include approving, monitoring, and re-approving or

revoking the authority of an authorized public char-

tering agency based on the performance of the charter

schools authorized by such agency in the areas of stu-

dent achievement, student safety, financial and oper-

ational management, and compliance with all

applicable statutes and regulations; and

‘‘(II) in the case of a State entity described in

subsection (a)(4), a description of how the State entity

will work with the State to support the State’s system

of technical assistance and oversight, as described in

subclause (I), of the authorizing activity of authorized

public chartering agencies; and

‘‘(xiii) work with eligible applicants receiving a

subgrant under the State entity’s program to support the

opening of new charter schools or charter school models

described in clause (i) that are high schools;

‘‘(B) a description of the extent to which the State

entity—

‘‘(i) is able to meet and carry out the priorities

described in subsection (g)(2);

‘‘(ii) is working to develop or strengthen a cohesive

statewide system to support the opening of new charter

schools and, if applicable, the replication of high-

quality charter schools, and the expansion of high-

quality charter schools; and

‘‘(iii) is working to develop or strengthen a cohesive

strategy to encourage collaboration between charter

schools and local educational agencies on the sharing

of best practices;

‘‘(C) a description of how the State entity will award

subgrants, on a competitive basis, including—

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129 STAT. 2000 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) a description of the application each eligible

applicant desiring to receive a subgrant will be

required to submit, which application shall include—

‘‘(I) a description of the roles and responsibil-

ities of eligible applicants, partner organizations,

and charter management organizations, including

the administrative and contractual roles and

responsibilities of such partners;

‘‘(II) 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, how a

school’s performance in the State’s accountability

system and impact on student achievement (which

may include student academic growth) will be one

of the most important factors for renewal or revoca-

tion of the school’s charter, and how the State

entity and the authorized public chartering agency

involved will reserve the right to revoke or not

renew a school’s charter based on financial, struc-

tural, or operational factors involving the manage-

ment of the school;

‘‘(III) a description of how the autonomy and

flexibility granted to a charter school is consistent

with the definition of a charter school in section

4310;

‘‘(IV) a description of how the eligible applicant

will solicit and consider input from parents and

other members of the community on the

implementation and operation of each charter

school that will receive funds under the State

entity’s program;

‘‘(V) a description of the eligible applicant’s

planned activities and expenditures of subgrant

funds to support the activities described in sub-

section (b)(1), and how the eligible applicant will

maintain financial sustainability after the end of

the subgrant period; and

‘‘(VI) a description of how the eligible applicant

will support the use of effective parent, family,

and community engagement strategies to operate

each charter school that will receive funds under

the State entity’s program; and

‘‘(ii) a description of how the State entity will

review applications from eligible applicants;

‘‘(D) in the case of a State entity that partners with

an outside organization to carry out the State entity’s

quality charter school program, in whole or in part, a

description of the roles and responsibilities of the partner;

‘‘(E) a description of how the State entity will ensure

that each charter school receiving funds under the State

entity’s program has considered and planned for the

transportation needs of the school’s students;

‘‘(F) a description of how the State in which the State

entity is located addresses charter schools in the State’s

open meetings and open records laws; and

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129 STAT. 2001 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(G) a description of how the State entity will support

diverse charter school models, including models that serve

rural communities.

‘‘(2) A

SSURANCES

.—Assurances that—

‘‘(A) each charter school receiving funds through the

State entity’s program will have a high degree of autonomy

over budget and operations, including autonomy over per-

sonnel decisions;

‘‘(B) the State entity will support charter schools in

meeting the educational needs of their students, as

described in paragraph (1)(A)(x);

‘‘(C) the State entity will ensure that the authorized

public chartering agency of any charter school that receives

funds under the State entity’s program adequately monitors

each charter school under the authority of such agency

in recruiting, enrolling, retaining, and meeting the needs

of all students, including children with disabilities and

English learners;

‘‘(D) the State entity will provide adequate technical

assistance to eligible applicants to meet the objectives

described in clause (viii) of paragraph (1)(A) and subpara-

graph (B) of this paragraph;

‘‘(E) the State entity will promote quality authorizing,

consistent with State law, such as through providing tech-

nical assistance to support each authorized public char-

tering agency in the State to improve such agency’s ability

to monitor the charter schools authorized by the agency,

including by—

‘‘(i) assessing annual performance data of the

schools, including, as appropriate, graduation rates,

student academic growth, and rates of student attri-

tion;

‘‘(ii) reviewing the schools’ independent, annual

audits of financial statements prepared in accordance

with generally accepted accounting principles, and

ensuring that any such audits are publically reported;

and

‘‘(iii) holding charter schools accountable to the

academic, financial, and operational quality controls

agreed to between the charter school and the author-

ized public chartering agency involved, such as through

renewal, non-renewal, or revocation of the school’s

charter;

‘‘(F) the State entity will work to ensure that charter

schools are included with the traditional public schools

in decisionmaking about the public school system in the

State; and

‘‘(G) the State entity will ensure that each charter

school receiving funds under the State entity’s program

makes publicly available, consistent with the dissemination

requirements of the annual State report card under section

1111(h), including on the website of the school, information

to help parents make informed decisions about the edu-

cation options available to their children, including—

‘‘(i) information on the educational program;

‘‘(ii) student support services;

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129 STAT. 2002 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) parent contract requirements (as applicable),

including any financial obligations or fees;

‘‘(iv) enrollment criteria (as applicable); and

‘‘(v) annual performance and enrollment data for

each of the subgroups of students, as defined in section

1111(c)(2), except that such disaggregation of perform-

ance and enrollment data shall not be required in

a case in which the number of students in a group

is insufficient to yield statically reliable information

or the results would reveal personally identifiable

information about an individual student.

‘‘(3) R

EQUESTS FOR WAIVERS

.—Information about waivers,

including—

‘‘(A) a request and justification for waivers of any Fed-

eral statutory or regulatory provisions that the State entity

believes are necessary for the successful operation of the

charter schools that will receive funds under the State

entity’s program under this section or, in the case of a

State entity defined in subsection (a)(4), a description of

how the State entity will work with the State to request

such necessary waivers, where applicable; and

‘‘(B) a description of any State or local rules, generally

applicable to public schools, that will be waived, or other-

wise not apply to such schools.

‘‘(g) S

ELECTION

RITERIA

; P

RIORITY

.—

‘‘(1) S

ELECTION CRITERIA

.—The Secretary shall award

grants to State 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

charter school law and how the State entity will work

to maximize the flexibility provided to charter schools

under such law;

‘‘(B) the ambitiousness of the State entity’s objectives

for the quality charter school program carried out under

this section;

‘‘(C) the likelihood that the eligible applicants receiving

subgrants under the program will meet those objectives

and improve educational results for students;

‘‘(D) the State entity’s plan to—

‘‘(i) adequately monitor the eligible applicants

receiving subgrants under the State 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 agen-

cies; and

‘‘(iii) provide technical assistance and support for—

‘‘(I) the eligible applicants receiving subgrants

under the State entity’s program; and

‘‘(II) quality authorizing efforts in the State;

and

‘‘(E) the State entity’s plan to solicit and consider input

from parents and other members of the community on

the implementation and operation of charter schools in

the State.

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129 STAT. 2003 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) P

RIORITY

.—In awarding grants under this section, the

Secretary shall give priority to a State entity to the extent

that the entity meets the following criteria:

‘‘(A) The State entity is located in a State that—

‘‘(i) allows at least one entity that is not a local

educational agency to be an authorized public char-

tering agency for developers seeking to open a charter

school in the State; or

‘‘(ii) in the case of a State in which local edu-

cational agencies are the only authorized public char-

tering agencies, 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 provides

charter schools one or more of the following:

‘‘(i) Funding for facilities.

‘‘(ii) Assistance with facilities acquisition.

‘‘(iii) Access to public facilities.

‘‘(iv) The ability to share in bonds or mill levies.

‘‘(v) The right of first refusal to purchase public

school buildings.

‘‘(vi) Low- or no-cost leasing privileges.

‘‘(D) The State entity is located in a State that uses

best practices from charter schools to help improve strug-

gling schools and local educational agencies.

‘‘(E) The State entity supports charter schools that

serve at-risk students through activities such as dropout

prevention, dropout recovery, or comprehensive career

counseling services.

‘‘(F) The State entity has taken steps to ensure that

all authorizing public chartering agencies implement best

practices for charter school authorizing.

‘‘(h) L

OCAL

SES OF

UNDS

.—An eligible applicant receiving

a subgrant under this section shall use such funds to support

the activities described in subsection (b)(1), which shall include

one or more of the following activities:

‘‘(1) Preparing teachers, school leaders, and specialized

instructional support personnel, including through paying the

costs associated with—

‘‘(A) providing professional development; and

‘‘(B) hiring and compensating, during the eligible

applicant’s planning period specified in the application for

subgrant funds that is required under this section, one

or more of the following:

‘‘(i) Teachers.

‘‘(ii) School leaders.

‘‘(iii) Specialized instructional support personnel.

‘‘(2) Acquiring supplies, training, equipment (including

technology), and educational materials (including developing

and acquiring instructional materials).

‘‘(3) Carrying out necessary renovations to ensure that

a new school building complies with applicable statutes and

regulations, and minor facilities repairs (excluding construc-

tion).

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129 STAT. 2004 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(4) Providing one-time, startup costs associated with pro-

viding transportation to students to and from the charter school.

‘‘(5) Carrying out community engagement activities, which

may include paying the cost of student and staff recruitment.

‘‘(6) Providing for other appropriate, non-sustained costs

related to the activities described in subsection (b)(1) when

such costs cannot be met from other sources.

‘‘(i) R

EPORTING

EQUIREMENTS

.—Each State entity receiving

a grant under this section shall submit to the Secretary, at the

end of the third year of the 5-year grant period (or at the end

of the second year of the grant period if the grant is less than

5 years), and at the end of such grant period, a report that includes

the following:

‘‘(1) The number of students served by each subgrant

awarded under this section and, if applicable, the number of

new students served during each year of the period of the

subgrant.

‘‘(2) A description of how the State entity met the objectives

of the quality charter school program described in the State

entity’s application under subsection (f), including—

‘‘(A) how the State entity met the objective of sharing

best and promising practices described in subsection

(f)(1)(A)(ix) in areas such as instruction, professional

development, curricula development, and operations

between charter schools and other public schools; and

‘‘(B) if known, the extent to which such practices were

adopted and implemented by such other public schools.

‘‘(3) The number and amount of subgrants awarded under

this section to carry out activities described in each of subpara-

graphs (A) through (C) of subsection (b)(1).

‘‘(4) A description of—

‘‘(A) how the State entity complied with, and ensured

that eligible applicants complied with, the assurances

included in the State entity’s application; and

‘‘(B) how the State entity worked with authorized

public chartering agencies, and how the agencies worked

with the management company or leadership of the schools

that received subgrant funds under this section, if

applicable.

‘‘SEC. 4304. FACILITIES FINANCING ASSISTANCE.

‘‘(a) G

RANTS TO

LIGIBLE

NTITIES

.—

‘‘(1) I

N GENERAL

.—From the amount reserved under section

4302(b)(1), the Secretary shall use not less than 50 percent

to award, on a competitive basis, not less than 3 grants to

eligible entities that have the highest-quality applications

approved under subsection (d), after considering the diversity

of such applications, to demonstrate innovative methods of

helping charter schools to address the cost of acquiring, con-

structing, and renovating facilities by enhancing the availability

of loans or bond financing.

‘‘(2) E

LIGIBLE ENTITY DEFINED

.—For the purposes of this

section, the term ‘eligible entity’ means—

‘‘(A) a public entity, such as a State or local govern-

mental entity;

‘‘(B) a private nonprofit entity; or

20 USC 7221c.

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129 STAT. 2005 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) a consortium of entities described in subpara-

graphs (A) and (B).

‘‘(b) G

RANTEE

ELECTION

.—The Secretary shall evaluate each

application submitted under subsection (d), and shall determine

whether the application is sufficient to merit approval.

‘‘(c) G

RANT

HARACTERISTICS

.—Grants under subsection (a)

shall be of 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 ren-

ovation.

‘‘(d) A

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—An eligible entity desiring to receive

a grant under this section shall submit an application to the

Secretary in such form as the Secretary may reasonably require.

‘‘(2) C

ONTENTS

.—An application submitted under para-

graph (1) shall contain—

‘‘(A) a statement identifying the activities that the

eligible entity proposes to carry out 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 eligible 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 eligible 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

eligible entity has taken, or will take, to ensure that charter

schools within the State receive the funding that charter

schools need to have adequate facilities.

‘‘(e) C

HARTER

CHOOL

BJECTIVES

.—An eligible entity receiving

a grant under subsection (a) 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 more of the following objectives:

‘‘(1) The acquisition (by purchase, lease, donation, or other-

wise) of an interest (including an interest held by a third

party for the benefit of a charter school) in improved or unim-

proved 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.

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129 STAT. 2006 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) The predevelopment costs required to assess sites for

purposes of paragraph (1) or (2) and that are necessary to

commence or continue the operation of a charter school.

‘‘(f) R

ESERVE

CCOUNT

.—

‘‘(1) U

SE OF FUNDS

.—To assist charter schools in accom-

plishing the objectives described in subsection (e), an eligible

entity receiving a grant under subsection (a) shall, in accord-

ance 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 estab-

lished 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 subsection (e).

‘‘(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) I

NVESTMENT

.—Funds received under subsection (a) 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) R

EINVESTMENT 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 this subsection.

‘‘(g) L

IMITATION ON

DMINISTRATIVE

OSTS

.—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 respon-

sibilities under this section (excluding subsection (k)).

‘‘(h) A

UDITS AND

EPORTS

.—

‘‘(1) F

INANCIAL 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) R

EPORTS

.—

‘‘(A) G

RANTEE ANNUAL REPORTS

.—Each eligible entity

receiving a grant under subsection (a) shall submit to the

Secretary an annual report of the entity’s operations and

activities under this section (excluding subsection (k)).

‘‘(B) C

ONTENTS

.—Each annual report submitted under

subparagraph (A) shall include—

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129 STAT. 2007 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(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 carried out by the eligible entity under this

section (excluding subsection (k)) during the reporting

period.

‘‘(C) S

ECRETARIAL 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 sub-

section (k)).

‘‘(i) N

ULL

AITH AND

REDIT FOR

RANTEE

BLIGATION

.—

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 guaran-

teed in any respect by, the United States. The full faith and credit

of the United States is not pledged to the payment of funds that

may be required to be paid under any obligation made by an

eligible entity pursuant to any provision of this section.

‘‘(j) R

ECOVERY OF

UNDS

.—

‘‘(1) I

N GENERAL

.—The Secretary, in accordance with

chapter 37 of title 31, United States Code, shall collect—

‘‘(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 sub-

section (a), 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

subsection (f)(1).

‘‘(2) E

XERCISE OF AUTHORITY

.—The Secretary shall not exer-

cise the authority provided in paragraph (1) to collect from

any eligible entity any funds that are being properly used

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129 STAT. 2008 PUBLIC LAW 114–95—DEC. 10, 2015

to achieve one or more of the purposes described in subsection

(f)(1).

‘‘(3) P

ROCEDURES

.—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) C

ONSTRUCTION

.—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

(20 U.S.C. 1234 et seq.).

‘‘(k) P

-P

UPIL

ACILITIES

ROGRAM

.—

‘‘(1) D

EFINITION OF PER

PUPIL FACILITIES AID PROGRAM

.—

In this subsection, the term ‘per-pupil facilities aid program’

means a program in which a State makes payments, on a

per-pupil basis, to charter schools to provide the schools with

financing—

‘‘(A) that is dedicated solely to funding charter school

facilities; or

‘‘(B) a portion of which is dedicated for funding charter

school facilities.

‘‘(2) G

RANTS

.—

‘‘(A) I

N GENERAL

.—From the amount reserved under

section 4302(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) P

ERIOD

.—The Secretary shall award grants under

this subsection for periods of not more than 5 years.

‘‘(C) F

EDERAL 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) S

TATE SHARE

.—A State receiving a grant under

this subsection may partner with 1 or more organizations,

and such organizations may provide not more than 50

percent of the State share of the cost of establishing or

enhancing, and administering, the per-pupil facilities aid

program.

‘‘(E) M

ULTIPLE GRANTS

.—A State may receive more

than 1 grant under this subsection, so long as the amount

of total funds provided to charter schools increases with

each successive grant.

‘‘(3) U

SE OF FUNDS

.—

‘‘(A) I

N 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) E

VALUATIONS

;

TECHNICAL ASSISTANCE

;

DISSEMINA

TION

.—From the amount made available to a State through

a grant under this subsection for a fiscal year, the State

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129 STAT. 2009 PUBLIC LAW 114–95—DEC. 10, 2015

may reserve not more than 5 percent to carry out evalua-

tions, to provide technical assistance, and to disseminate

information.

‘‘(C) S

UPPLEMENT

NOT SUPPLANT

.—Funds made avail-

able 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) R

EQUIREMENTS

.—

‘‘(A) V

OLUNTARY PARTICIPATION

.—No State may be

required to participate in a program carried out under

this subsection.

‘‘(B) S

TATE LAW

.—

‘‘(i) I

N GENERAL

.—To be eligible to receive a grant

under this subsection, a State shall establish or

enhance, and administer, a per-pupil facilities aid pro-

gram 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) S

PECIAL RULE

.—A State that is required under

State law to provide its charter schools with access

to adequate facility space, but that does not have a

per-pupil facilities aid program for charter schools

specified in State law, is eligible to receive a grant

under this subsection if the State agrees to use the

funds to develop a per-pupil facilities aid program con-

sistent with the requirements of this subsection.

‘‘(5) A

PPLICATIONS

.—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.

‘‘SEC. 4305. NATIONAL ACTIVITIES.

‘‘(a) I

ENERAL

.—From the amount reserved under section

4302(b)(2), the Secretary shall—

‘‘(1) use not more than 80 percent of such funds to award

grants in accordance with subsection (b);

‘‘(2) use not more than 9 percent of such funds to award

grants, on a competitive basis, to eligible applicants for the

purpose of carrying out the activities described in section

4303(h) in a State that did not receive a grant under section

4303; and

‘‘(3) after the uses described in paragraphs (1) and (2),

use the remainder of such funds to—

‘‘(A) disseminate technical assistance to—

‘‘(i) State entities in awarding subgrants under

section 4303(b)(1); and

‘‘(ii) eligible entities and States receiving grants

under section 4304;

‘‘(B) disseminate best practices regarding charter

schools; and

‘‘(C) evaluate the impact of the charter school program

carried out under this part, including the impact on student

achievement.

‘‘(b) G

RANTS FOR THE

EPLICATION AND

XPANSION OF

IGH

QUALITY

HARTER

CHOOLS

.—

20 USC 7221d.

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129 STAT. 2010 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) I

N GENERAL

.—The Secretary shall make grants, on

a competitive basis, to eligible entities having applications

approved under paragraph (3) to enable such entities to open

and prepare for the operation of one or more replicated high-

quality charter schools or to expand one or more high-quality

charter schools.

‘‘(2) D

EFINITION OF ELIGIBLE ENTITY

.—For purposes of this

subsection, the term ‘eligible entity’ means a charter manage-

ment organization.

‘‘(3) A

PPLICATION REQUIREMENTS

.—An eligible entity

desiring to receive a grant under this subsection 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:

‘‘(A) E

XISTING CHARTER SCHOOL DATA

.—For each

charter school currently operated or managed by the

eligible entity—

‘‘(i) student assessment results for all students

and for each subgroup of students described in section

1111(c)(2);

‘‘(ii) attendance and student retention rates for

the most recently completed school year and, if

applicable, the most recent available 4-year adjusted

cohort graduation rates and extended-year adjusted

cohort graduation rates; and

‘‘(iii) information on any significant compliance and

management issues encountered within the last 3

school years by any school operated or managed by

the eligible entity, including in the areas of student

safety and finance.

‘‘(B) D

ESCRIPTIONS

.—A description of—

‘‘(i) the eligible entity’s objectives for implementing

a high-quality charter school program with funding

under this subsection, including a description of the

proposed number of high-quality charter schools the

eligible entity proposes to open as a result of the rep-

lication of a high-quality charter school or to expand

with funding under this subsection;

‘‘(ii) the educational program that the eligible

entity will implement in such charter schools,

including—

‘‘(I) information on how the program will

enable all students to meet the challenging State

academic standards;

‘‘(II) the grade levels or ages of students who

will be served; and

‘‘(III) the instructional practices that will be

used;

‘‘(iii) how the operation of such charter schools

will be sustained after the grant under this subsection

has ended, which shall include a multi-year financial

and operating model for the eligible entity;

‘‘(iv) how the eligible entity will ensure that such

charter schools will recruit and enroll students,

including children with disabilities, English learners,

and other educationally disadvantaged students; and

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129 STAT. 2011 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(v) any request and justification for any waivers

of Federal statutory or regulatory requirements that

the eligible entity believes are necessary for the

successful operation of such charter schools.

‘‘(C) A

SSURANCE

.—An assurance that the eligible entity

has sufficient procedures in effect to ensure timely closure

of low-performing or financially mismanaged charter

schools and clear plans and procedures in effect for the

students in such schools to attend other high-quality

schools.

‘‘(4) S

ELECTION CRITERIA

.—The Secretary shall select

eligible entities to receive grants under this subsection, on

the basis of the quality of the applications submitted under

paragraph (3), after taking into consideration such factors as—

‘‘(A) the degree to which the eligible entity has dem-

onstrated success in increasing academic achievement for

all students and for each of the subgroups of students

described in section 1111(c)(2) attending the charter schools

the eligible entity operates or manages;

‘‘(B) a determination that the eligible entity has not

operated or managed a significant proportion of charter

schools that—

‘‘(i) have been closed;

‘‘(ii) have had the school’s charter revoked due

to problems with statutory or regulatory compliance;

‘‘(iii) have had the school’s affiliation with the

eligible entity revoked or terminated, including

through voluntary disaffiliation; and

‘‘(C) a determination that the eligible entity has not

experienced significant problems with statutory or regu-

latory compliance that could lead to the revocation of a

school’s charter.

‘‘(5) P

RIORITY

.—In awarding grants under this section, the

Secretary shall give priority to eligible entities that—

‘‘(A) plan to operate or manage high-quality charter

schools with racially and socioeconomically diverse student

bodies;

‘‘(B) demonstrate success in working with schools

identified by the State for comprehensive support and

improvement under section 1111(c)(4)(D)(i);

‘‘(C) propose to use funds—

‘‘(i) to expand high-quality charter schools to serve

high school students; or

‘‘(ii) to replicate high-quality charter schools to

serve high school students; or

‘‘(D) propose to operate or manage high-quality charter

schools that focus on dropout recovery and academic

reentry.

‘‘(c) T

ERMS AND

ONDITIONS

.—Except as otherwise provided,

grants awarded under paragraphs (1) and (2) of subsection (a)

shall have the same terms and conditions as grants awarded to

State entities under section 4303.’’;

(2) in section 4306 (20 U.S.C. 7221e), as redesignated by

section 4001, by adding at the end the following:

‘‘(c) N

EW OR

IGNIFICANTLY

XPANDING

HARTER

CHOOLS

.—

For purposes of implementing the hold harmless protections in

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129 STAT. 2012 PUBLIC LAW 114–95—DEC. 10, 2015

sections 1122(c) and 1125A(g)(3) for a newly opened or significantly

expanded charter school under this part, a State educational agency

shall calculate a hold-harmless base for the prior year that, as

applicable, reflects the new or significantly expanded enrollment

of the charter school.’’;

(3) in section 4308 (20 U.S.C. 7221g), as redesignated by

section 4001, by inserting ‘‘as quickly as possible and’’ before

‘‘to the extent practicable’’;

(4) in section 4310 (20 U.S.C. 7221i), as redesignated by

section 4001—

(A) in the matter preceding paragraph (1), by striking

‘‘subpart’’ and inserting ‘‘part’’;

(B) by redesignating paragraphs (1), (2), and (3) as

paragraphs (2), (5), and (6), respectively;

and moving such paragraph so as to precede paragraph

(2), as redesignated by subparagraph (B);

(D) in paragraph (2), as redesignated by subparagraph

(B)—

(i) in subparagraph (G), by striking ‘‘, and part

B’’ and inserting ‘‘, the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.), section 444

of the General Education Provisions Act (20 U.S.C.

1232g) (commonly referred to as the ‘Family Edu-

cational Rights and Privacy Act of 1974’), and part

B’’;

(ii) by striking subparagraph (H) and inserting

the following:

‘‘(H) is a school to which parents choose to send their

children, and that—

‘‘(i) admits students on the basis of a lottery, con-

sistent with section 4303(c)(3)(A), if more students

apply for admission than can be accommodated; or

‘‘(ii) in the case of a school that has an affiliated

charter school (such as a school that is part of the

same network of schools), automatically enrolls stu-

dents who are enrolled in the immediate prior grade

level of the affiliated charter school and, for any addi-

tional student openings or student openings created

through regular attrition in student enrollment in the

affiliated charter school and the enrolling school,

admits students on the basis of a lottery as described

in clause (i);’’;

(iii) by striking subparagraph (I) and inserting

the following:

‘‘(I) agrees to comply with the same Federal and State

audit requirements as do other elementary schools and

secondary schools in the State, unless such State audit

requirements are waived by the State;’’;

(iv) in subparagraph (K), by striking ‘‘and’’ at the

end;

(v) in subparagraph (L), by striking the period

at the end and inserting ‘‘; and’’; and

(vi) by adding at the end the following:

‘‘(M) may serve students in early childhood

education programs or postsecondary students.’’;

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129 STAT. 2013 PUBLIC LAW 114–95—DEC. 10, 2015

(E) by inserting after paragraph (2), as redesignated

by subparagraph (B), the following:

‘‘(3) C

HARTER MANAGEMENT ORGANIZATION

.—The term

‘charter management organization’ means a nonprofit organiza-

tion that operates or manages a network of charter schools

linked by centralized support, operations, and oversight.

‘‘(4) C

HARTER SCHOOL SUPPORT ORGANIZATION

.—The term

‘charter school support organization’ means a nonprofit, non-

governmental entity that is not an authorized public chartering

agency and provides, on a statewide basis—

‘‘(A) assistance to developers during the planning, pro-

gram design, and initial implementation of a charter school;

and

‘‘(B) technical assistance to operating charter schools.’’;

(F) in paragraph (6)(B), as redesignated by subpara-

graph (B), by striking ‘‘under section 5203(d)(3)’’; and

(G) by adding at the end the following:

‘‘(7) E

XPAND

.—The term ‘expand’, when used with respect

to a high-quality charter school, means to significantly increase

enrollment or add one or more grades to the high-quality

charter school.

‘‘(8) H

IGH

QUALITY CHARTER SCHOOL

.—The term ‘high-

quality charter school’ means a charter school that—

‘‘(A) shows evidence of strong academic results, which

may include strong student academic growth, as deter-

mined by a State;

‘‘(B) has no significant issues in the areas of student

safety, financial and operational management, or statutory

or regulatory compliance;

‘‘(C) has demonstrated success in significantly

increasing student academic achievement, including

graduation rates where applicable, for all students served

by the charter school; and

‘‘(D) has demonstrated success in increasing student

academic achievement, including graduation rates where

applicable, for each of the subgroups of students, as defined

in section 1111(c)(2), except that such demonstration is

not required in a case in which the number of students

in a group is insufficient to yield statistically reliable

information or the results would reveal personally identifi-

able information about an individual student.

‘‘(9) R

EPLICATE

.—The term ‘replicate’, when used with

respect to a high-quality charter school, means to open a new

charter school, or a new campus of a high-quality charter

school, based on the educational model of an existing high-

quality charter school, under an existing charter or an addi-

tional charter, if permitted or required by State law.’’; and

(5) by striking section 4311 (20 U.S.C. 7221j), as redesig-

nated by section 4001, and inserting the following:

‘‘SEC. 4311. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part—

‘‘(1) $270,000,000 for fiscal year 2017;

‘‘(2) $270,000,000 for fiscal year 2018;

‘‘(3) $300,000,000 for fiscal year 2019; and

‘‘(4) $300,000,000 for fiscal year 2020.’’.

20 USC 7221j.

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129 STAT. 2014 PUBLIC LAW 114–95—DEC. 10, 2015

PART D—MAGNET SCHOOLS ASSISTANCE

SEC. 4401. MAGNET SCHOOLS ASSISTANCE.

Part D of title IV (20 U.S.C. 7201 et seq.), as amended by

section 4001(b)(3), is further amended—

(1) in section 4401—

(A) in subsection (a)(2)—

(i) by striking ‘‘2,000,000’’ and inserting

‘‘2,500,000’’; and

(ii) by striking ‘‘65’’ and inserting ‘‘69’’; and

(B) in subsection (b)—

(i) in paragraph (2)—

(I) by striking ‘‘and implementation’’ and

inserting ‘‘, implementation, and expansion’’; and

(II) by striking ‘‘content standards and student

academic achievement standards’’ and inserting

‘‘standards’’;

(ii) in paragraph (3), by striking ‘‘and design’’ and

inserting ‘‘, design, and expansion’’;

(iii) in paragraph (4), by striking ‘‘vocational’’ and

inserting ‘‘career’’; and

(iv) in paragraph (6), by striking ‘‘productive’’;

(2) in section 4405(b)—

(A) in paragraph (1)—

(i) in subparagraph (A), by inserting ‘‘any available

evidence on, or if such evidence is not available, a

rationale, based on current research, for’’ before ‘‘how

the proposed magnet school programs’’;

(ii) in subparagraph (B), by inserting ‘‘, including

any evidence, or if such evidence is not available, a

rationale based on current research findings, to support

such description’’ before the semicolon;

(iii) by redesignating subparagraphs (D) and (E)

as subparagraphs (E) and (F), respectively; and

(iv) by inserting after subparagraph (C) the fol-

lowing:

‘‘(D) how the applicant will assess, monitor, and

evaluate the impact of the activities funded under this

part on student achievement and integration;’’; and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘section

5301(b)’’ and inserting ‘‘section 4401(b)’’; and

(ii) in subparagraph (B), by striking ‘‘highly quali-

fied’’ and inserting ‘‘effective’’;

(3) in section 4406, by striking paragraphs (2) and (3)

and inserting the following:

‘‘(2) propose to—

‘‘(A) carry out a new, evidence-based magnet school

program;

‘‘(B) significantly revise an existing magnet school pro-

gram, using evidence-based methods and practices, as

available; or

‘‘(C) replicate an existing magnet school program that

has a demonstrated record of success in increasing student

academic achievement and reducing isolation of minority

groups;

20 USC 7231e.

20 USC 7231d.

20 USC 7231.

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129 STAT. 2015 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(3) propose to select students to attend magnet school

programs by methods such as lottery, rather than through

academic examination; and

‘‘(4) propose to increase racial integration by taking into

account socioeconomic diversity in designing and implementing

magnet school programs.’’;

(4) in section 4407—

(A) in subsection (a)—

(i) in paragraph (3), by striking ‘‘highly qualified’’

and inserting ‘‘effective’’;

(ii) in paragraph (6), by striking ‘‘and’’ at the end;

(iii) in paragraph (7), by striking the period at

the end and inserting a semicolon; and

(iv) by adding at the end the following:

‘‘(8) to enable the local educational agency, or consortium

of such agencies, or other organizations partnered with such

agency or consortium, to establish, expand, or strengthen inter-

district and regional magnet programs; and

‘‘(9) notwithstanding section 426 of the General Education

Provisions Act (20 U.S.C. 1228), to provide transportation to

and from the magnet school, provided that—

‘‘(A) such transportation is sustainable beyond the

grant period; and

‘‘(B) the costs of providing transportation do not rep-

resent a significant portion of the grant funds received

by the eligible local educational agency under this part

.’’; and

(B) by striking subsection (b) and inserting the fol-

lowing:

‘‘(b) S

PECIAL

ULE

.—Grant funds under this part may be used

for activities described in paragraphs (2) and (3) of subsection

(a) only if the activities are directly related to improving student

academic achievement based on the challenging State academic

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 career, technical,

and professional skills.’’;

(5) in section 4408—

(A) in subsection (a), by striking ‘‘3’’ and inserting

‘‘5’’;

(B) by striking subsection (c) and inserting the fol-

lowing:

‘‘(c) A

MOUNT

.—No grant awarded under this part to a local

educational agency, or a consortium of such agencies, shall be

for more than $15,000,000 for the grant period described in sub-

section (a).’’; and

‘‘June’’;

(6) in section 4409—

(A) by striking subsection (a) and inserting the fol-

lowing:

‘‘(a) A

UTHORIZATION

.—There are authorized to be appropriated

to carry out this part the following amounts:

‘‘(1) $94,000,000 for fiscal year 2017.

‘‘(2) $96,820,000 for fiscal year 2018.

‘‘(3) $102,387,150 for fiscal year 2019.

‘‘(4) $108,530,379 for fiscal year 2020.’’.

20 USC 7231j.

20 USC 7231h.

20 USC 7231f.

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129 STAT. 2016 PUBLIC LAW 114–95—DEC. 10, 2015

(B) by redesignating subsection (b) as subsection (c);

and

‘‘(b) R

ESERVATION FOR

ECHNICAL

SSISTANCE

.—The Secretary

may reserve not more than 1 percent of the funds appropriated

under subsection (a) for any fiscal year to provide technical assist-

ance and share best practices with respect to magnet school pro-

grams assisted under this part.’’.

PART E—FAMILY ENGAGEMENT IN

EDUCATION PROGRAMS

SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001,

is further amended by adding at the end the following:

‘‘PART E—FAMILY ENGAGEMENT IN

EDUCATION PROGRAMS

‘‘SEC. 4501. PURPOSES.

‘‘The purposes of this part are the following:

‘‘(1) To provide financial support to organizations to provide

technical assistance and training to State educational agencies

and local educational agencies in the implementation and

enhancement of systemic and effective family engagement poli-

cies, programs, and activities that lead to improvements in

student development and academic achievement.

‘‘(2) To assist State educational agencies, local educational

agencies, community-based organizations, schools, and edu-

cators in strengthening partnerships among parents, teachers,

school leaders, administrators, and other school personnel in

meeting the educational needs of children and fostering greater

parental engagement.

‘‘(3) To support State educational agencies, local edu-

cational agencies, schools, educators, and parents in developing

and strengthening the relationship between parents and their

children’s school in order to further the developmental progress

of children.

‘‘(4) To coordinate activities funded under this part with

parent involvement initiatives funded under section 1116 and

other provisions of this Act.

‘‘(5) To assist the Secretary, State educational agencies,

and local educational agencies in the coordination and integra-

tion of Federal, State, and local services and programs to engage

families in education.

‘‘SEC. 4502. GRANTS AUTHORIZED.

‘‘(a) S

TATEWIDE

AMILY

NGAGEMENT

ENTERS

.—From the

amount appropriated under section 4506 and not reserved under

subsection (d), the Secretary is authorized to award grants for

each fiscal year to statewide organizations (or consortia of such

organizations), to establish statewide family engagement centers

that—

‘‘(1) carry out parent education, and family engagement

in education, programs; or

20 USC 7242.

20 USC 7241.

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129 STAT. 2017 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) provide comprehensive training and technical assist-

ance to State educational agencies, local educational agencies,

schools identified by State educational agencies and local edu-

cational agencies, organizations that support family-school part-

nerships, and other organizations that carry out such programs.

‘‘(b) M

INIMUM

WARD

.—In awarding grants under this section,

the Secretary shall, to the extent practicable, ensure that a grant

is awarded for a statewide family engagement center in an amount

not less than $500,000.

‘‘(c) M

ATCHING

UNDS FOR

RANT

ENEWAL

.—Each organiza-

tion or consortium receiving assistance under this part shall dem-

onstrate that, for each fiscal year after the first fiscal year for

which the organization or consortium is receiving such assistance,

a portion of the services provided by the organization or consortium

is supported through non-Federal contributions, which may be in

cash or in-kind.

‘‘(d) T

ECHNICAL

SSISTANCE

.—The Secretary shall reserve not

more than 2 percent of the funds appropriated under section 4506

to carry out this part to provide technical assistance, by competitive

grant or contract, for the establishment, development, and coordina-

tion of statewide family engagement centers.

‘‘SEC. 4503. APPLICATIONS.

‘‘(a) S

UBMISSIONS

.—Each statewide organization, or a consor-

tium of such organizations, that desires a grant under this part

shall submit an application to the Secretary at such time and

in such manner as the Secretary may require, which shall include

the information described in subsection (b).

‘‘(b) C

ONTENTS

.—Each application submitted under subsection

(a) shall include, at a minimum, the following:

‘‘(1) A description of the applicant’s approach to family

engagement in education.

‘‘(2) A description of how the State educational agency

and any partner organization will support the statewide family

engagement center that will be operated by the applicant

including a description of the State educational agency and

any partner organization’s commitment of such support.

‘‘(3) A description of the applicant’s plan for building a

statewide infrastructure for family engagement in education,

that includes—

‘‘(A) management and governance;

‘‘(B) statewide leadership; or

‘‘(C) systemic services for family engagement in edu-

cation.

‘‘(4) A description of the applicant’s demonstrated experi-

ence in providing training, information, and support to State

educational agencies, local educational agencies, schools, edu-

cators, parents, and organizations on family engagement in

education policies and practices that are effective for parents

(including low-income parents) and families, parents of English

learners, minorities, students with disabilities, homeless chil-

dren and youth, children and youth in foster care, and migrant

students, including evaluation results, reporting, or other data

exhibiting such demonstrated experience.

‘‘(5) A description of the steps the applicant will take to

target services to low-income students and parents.

‘‘(6) An assurance that the applicant will—

20 USC 7243.

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129 STAT. 2018 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) establish a special advisory committee, the mem-

bership of which includes—

‘‘(i) parents, who shall constitute a majority of

the members of the special advisory committee;

‘‘(ii) representatives of education professionals with

expertise in improving services for disadvantaged chil-

dren;

‘‘(iii) representatives of local elementary schools

and secondary schools, including students;

‘‘(iv) representatives of the business community;

and

‘‘(v) representatives of State educational agencies

and local educational agencies;

‘‘(B) use not less than 65 percent of the funds received

under this part in each fiscal year to serve local educational

agencies, schools, and community-based organizations that

serve high concentrations of disadvantaged students,

including students who are English learners, minorities,

students with disabilities, homeless children and youth,

children and youth in foster care, and migrant students;

‘‘(C) operate a statewide family engagement center of

sufficient size, scope, and quality to ensure that the center

is adequate to serve the State educational agency, local

educational agencies, and community-based organizations;

‘‘(D) ensure that the statewide family engagement

center will retain staff with the requisite training and

experience to serve parents in the State;

‘‘(E) serve urban, suburban, and rural local educational

agencies and schools;

‘‘(F) work with—

‘‘(i) other statewide family engagement centers

assisted under this part; and

‘‘(ii) parent training and information centers and

community parent resource centers assisted under sec-

tions 671 and 672 of the Individuals with Disabilities

Education Act (20 U.S.C. 1471; 1472);

‘‘(G) use not less than 30 percent of the funds received

under this part for each fiscal year to establish or expand

technical assistance for evidence-based parent education

programs;

‘‘(H) provide assistance to State educational agencies,

local educational agencies, and community-based organiza-

tions that support family members in supporting student

academic achievement;

‘‘(I) work with State educational agencies, local edu-

cational agencies, schools, educators, and parents to deter-

mine parental needs and the best means for delivery of

services to address such needs;

‘‘(J) conduct sufficient outreach to assist parents,

including parents who the applicant may have a difficult

time engaging with a school or local educational agency;

and

‘‘(K) conduct outreach to low-income students and par-

ents, including low-income students and parents who are

not proficient in English.

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129 STAT. 2019 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(7) An assurance that the applicant will conduct training

programs in the community to improve adult literacy, including

financial literacy.

‘‘(c) P

RIORITY

.—In awarding grants for activities described in

this part, the Secretary shall give priority to statewide family

engagement centers that will use funds under section 4504 for

evidence-based activities, which, for the purposes of this part is

defined as activities meeting the requirements of section

8101(21)(A)(i).

‘‘SEC. 4504. USES OF FUNDS.

‘‘(a) I

ENERAL

.—Each statewide organization or consortium

receiving a grant under this part shall use the grant funds, based

on the needs determined under section 4503(b)(6)(I), to provide

training and technical assistance to State educational agencies,

local educational agencies, and organizations that support family-

school partnerships, and activities, services, and training for local

educational agencies, school leaders, educators, and parents—

‘‘(1) to assist parents in participating effectively in their

children’s education and to help their children meet challenging

State academic standards, such as by assisting parents—

‘‘(A) to engage in activities that will improve student

academic achievement, including understanding how par-

ents can support learning in the classroom with activities

at home and in after school and extracurricular programs;

‘‘(B) to communicate effectively with their children,

teachers, school leaders, counselors, administrators, and

other school personnel;

‘‘(C) to become active participants in the development,

implementation, and review of school-parent compacts,

family engagement in education policies, and school plan-

ning and improvement;

‘‘(D) to participate in the design and provision of assist-

ance to students who are not making academic progress;

‘‘(E) to participate in State and local decisionmaking;

‘‘(F) to train other parents; and

‘‘(G) in learning and using technology applied in their

children’s education;

‘‘(2) to develop and implement, in partnership with the

State educational agency, statewide family engagement in edu-

cation policy and systemic initiatives that will provide for a

continuum of services to remove barriers for family engagement

in education and support school reform efforts; and

‘‘(3) to develop and implement parental involvement policies

under this Act.

‘‘(b) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall

be construed to prohibit a statewide family engagement center

from—

‘‘(1) having its employees or agents meet with a parent

at a site that is not on school grounds; or

‘‘(2) working with another agency that serves children.

‘‘(c) P

ARENTAL

IGHTS

.—Notwithstanding any other provision

of this section—

‘‘(1) no person (including a parent who educates a child

at home, a public school parent, or a private school parent)

shall be required to participate in any program of parent edu-

cation or developmental screening under this section; and

20 USC 7244.

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129 STAT. 2020 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) no program or center assisted under this section shall

take any action that infringes in any manner on the right

of parents to direct the education of their children.

‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

‘‘The Secretary of the Interior, in consultation with the Sec-

retary of Education, shall establish, or enter into contracts and

cooperative agreements with, local tribes, tribal organizations, or

Indian nonprofit parent organizations to establish and operate

family engagement centers.

‘‘SEC. 4506. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part $10,000,000 for each of fiscal years 2017 through 2020.’’.’’.

PART F—NATIONAL ACTIVITIES

SEC. 4601. NATIONAL ACTIVITIES.

Title IV (20 U.S.C. 7101 et seq.), as amended by the previous

provisions of this title, is further amended by adding at the end

the following:

‘‘PART F—NATIONAL ACTIVITIES

‘‘SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

‘‘(a) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this part—

‘‘(1) $200,741,000 for each of fiscal years 2017 and 2018;

and

‘‘(2) $220,741,000 for each of fiscal years 2019 and 2020.

‘‘(b) R

ESERVATIONS

.—From the amounts appropriated under

subsection (a) for a fiscal year, the Secretary shall—

‘‘(1) reserve $5,000,000 to carry out activities authorized

under subpart 3; and

‘‘(2) from the amounts remaining after the reservation

under paragraph (1)—

‘‘(A) carry out activities authorized under subpart 1

using—

‘‘(i) 36 percent of such remainder for each of fiscal

years 2017 and 2018; and

‘‘(ii) 42 percent of such remainder for each of fiscal

years 2019 and 2020;

‘‘(B) carry out activities authorized under subpart 2

using—

‘‘(i) 36 percent of such remainder for each of fiscal

years 2017 and 2018; and

‘‘(ii) 32 percent of such remainder for each of fiscal

years 2019 and 2020; and

‘‘(C) to carry out activities authorized under subpart

4—

‘‘(i) 28 percent of such remainder for each of fiscal

years 2017 and 2018; and

‘‘(ii) 26 percent of such remainder for each of fiscal

years 2019 and 2020.

20 USC 7251.

20 USC 7246.

20 USC 7245.

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129 STAT. 2021 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Subpart 1—Education Innovation and Research

‘‘SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.

‘‘(a) P

ROGRAM

UTHORIZED

.—

‘‘(1) I

N GENERAL

.—From funds reserved under section

4601(b)(2)(A), the Secretary shall make grants to eligible enti-

ties to enable the eligible entities to—

‘‘(A) create, develop, implement, replicate, or take to

scale entrepreneurial, evidence-based, field-initiated

innovations to improve student achievement and attain-

ment for high-need students; and

‘‘(B) rigorously evaluate such innovations, in accord-

ance with subsection (e).

‘‘(2) D

ESCRIPTION OF GRANTS

.—The grants described in

paragraph (1) shall include—

‘‘(A) early-phase grants to fund the development,

implementation, and feasibility testing of a program, which

prior research suggests has promise, for the purpose of

determining whether the program can successfully improve

student achievement or attainment for high-need students;

‘‘(B) mid-phase grants to fund implementation and a

rigorous evaluation of a program that has been successfully

implemented under an early-phase grant described in

subparagraph (A) or other effort meeting similar criteria,

for the purpose of measuring the program’s impact and

cost effectiveness, if possible using existing administrative

data; and

‘‘(C) expansion grants to fund implementation and a

rigorous replication evaluation of a program that has been

found to produce sizable, important impacts under a mid-

phase grant described in subparagraph (B) or other effort

meeting similar criteria, for the purposes of—

‘‘(i) determining whether such impacts can be

successfully reproduced and sustained over time; and

‘‘(ii) identifying the conditions in which the pro-

gram is most effective.

‘‘(b) E

LIGIBLE

NTITY

.—In this subpart, the term ‘eligible entity’

means any of the following:

‘‘(1) A local educational agency.

‘‘(2) A State educational agency.

‘‘(3) The Bureau of Indian Education.

‘‘(4) A consortium of State educational agencies or local

educational agencies.

‘‘(5) A nonprofit organization.

‘‘(6) A State educational agency, a local educational agency,

a consortium described in paragraph (4), or the Bureau of

Indian Education, in partnership with—

‘‘(A) a nonprofit organization;

‘‘(B) a business;

‘‘(C) an educational service agency; or

‘‘(D) an institution of higher education.

‘‘(c) R

URAL

REAS

.—

‘‘(1) I

N GENERAL

.—In awarding grants under subsection

(a), the Secretary shall ensure that not less than 25 percent

of the funds made available for any fiscal year are awarded

for programs that meet both of the following requirements:

‘‘(A) The grantee is—

20 USC 7261.

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129 STAT. 2022 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) a local educational agency with an urban-cen-

tric district locale code of 32, 33, 41, 42, or 43, as

determined by the Secretary;

‘‘(ii) a consortium of such local educational agen-

cies;

‘‘(iii) an educational service agency or a nonprofit

organization in partnership with such a local edu-

cational agency; or

‘‘(iv) a grantee described in clause (i) or (ii) in

partnership with a State educational agency.

‘‘(B) A majority of the schools to be served by the

program are designated with a locale code of 32, 33, 41,

42, or 43, or a combination of such codes, as determined

by the Secretary.

‘‘(2) E

XCEPTION

.—Notwithstanding paragraph (1), the Sec-

retary shall reduce the amount of funds made available under

such paragraph if the Secretary does not receive a sufficient

number of applications of sufficient quality.

‘‘(d) M

ATCHING

UNDS

.—In order to receive a grant under sub-

section (a), an eligible entity shall demonstrate that the eligible

entity will provide matching funds, in cash or through in-kind

contributions, from Federal, State, local, or private sources in an

amount equal to 10 percent of the funds provided under such

grant, except that the Secretary may waive the matching funds

requirement, on a case-by-case basis, upon a showing of exceptional

circumstances, such as—

‘‘(1) the difficulty of raising matching funds for a program

to serve a rural area;

‘‘(2) the difficulty of raising matching funds in areas with

a concentration of local educational agencies or schools with

a high percentage of students aged 5 through 17—

‘‘(A) who are in poverty, as counted in the most recent

census data approved by the Secretary;

‘‘(B) who 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.);

‘‘(C) whose families receive assistance under the State

program funded under part A of title IV of the Social

Security Act (42 U.S.C. 601 et seq.); or

‘‘(D) who are eligible to receive medical assistance

under the Medicaid program; and

‘‘(3) the difficulty of raising funds on tribal land.

‘‘(e) E

VALUATION

.—Each recipient of a grant under this section

shall conduct an independent evaluation of the effectiveness of

the program carried out under such grant.

‘‘(f) T

ECHNICAL

SSISTANCE

.—The Secretary may reserve not

more than 5 percent of the funds appropriated under section

4601(b)(2)(A) for each fiscal year to—

‘‘(1) provide technical assistance for eligibility entities,

which may include pre-application workshops, web-based semi-

nars, and evaluation support; and

‘‘(2) to disseminate best practices.

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129 STAT. 2023 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘Subpart 2—Community Support for School

Success

‘‘SEC. 4621. PURPOSES.

‘‘The purposes of this subpart are to—

‘‘(1) significantly improve the academic and developmental

outcomes of children living in the most distressed communities

of the United States, including ensuring school readiness, high

school graduation, and access to a community-based continuum

of high-quality services; and

‘‘(2) provide support for the planning, implementation, and

operation of full-service community schools that improve the

coordination and integration, accessibility, and effectiveness of

services for children and families, particularly for children

attending high-poverty schools, including high-poverty rural

schools.

‘‘SEC. 4622. DEFINITIONS.

‘‘In this subpart:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means the

following:

‘‘(A) With respect to a grant for activities described

in section 4623(a)(1)(A)—

‘‘(i) an institution of higher education, as defined

in section 102 of the Higher Education Act of 1965

(20 U.S.C. 1002);

‘‘(ii) 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); or

‘‘(iii) one or more nonprofit entities working in

formal partnership with not less than 1 of the following

entities:

‘‘(I) A high-need local educational agency.

‘‘(II) An institution of higher education, as

defined in section 102 of the Higher Education

Act of 1965 (20 U.S.C. 1002).

‘‘(III) The office of a chief elected official of

a unit of local government.

‘‘(IV) An Indian tribe or tribal organization,

as defined under section 4 of the Indian Self-Deter-

mination and Education Assistance Act (25 U.S.C.

450b).

‘‘(B) With respect to a grant for activities described

in section 4623(a)(1)(B), a consortium of—

‘‘(i)(I) 1 or more local educational agencies; or

‘‘(II) the Bureau of Indian Education; and

‘‘(ii) 1 or more community-based organizations,

nonprofit organizations, or other public or private enti-

ties.

‘‘(2) F

ULL

SERVICE COMMUNITY SCHOOL

.—The term ‘full-

service community school’ means a public elementary school

or secondary school that—

‘‘(A) participates in a community-based effort to coordi-

nate and integrate educational, developmental, family,

health, and other comprehensive services through commu-

nity-based organizations and public and private partner-

ships; and

20 USC 7272.

20 USC 7271.

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129 STAT. 2024 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) provides access to such services in school to stu-

dents, families, and the community, such as access during

the school year (including before- and after-school hours

and weekends), as well as during the summer.

‘‘(3) P

IPELINE SERVICES

.—The term ‘pipeline services’ means

a continuum of coordinated supports, services, and opportuni-

ties for children from birth through entry into and success

in postsecondary education, and career attainment. Such serv-

ices shall include, at a minimum, strategies to address through

services or programs (including integrated student supports)

the following:

‘‘(A) High-quality early childhood education programs.

‘‘(B) High-quality school and out-of-school-time pro-

grams and strategies.

‘‘(C) Support for a child’s transition to elementary

school, from elementary school to middle school, from

middle school to high school, and from high school into

and through postsecondary education and into the

workforce, including any comprehensive readiness assess-

ment determined necessary.

‘‘(D) Family and community engagement and supports,

which may include engaging or supporting families at

school or at home.

‘‘(E) Activities that support postsecondary and

workforce readiness, which may include job training,

internship opportunities, and career counseling.

‘‘(F) Community-based support for students who have

attended the schools in the area served by the pipeline,

or students who are members of the community, facilitating

their continued connection to the community and success

in postsecondary education and the workforce.

‘‘(G) Social, health, nutrition, and mental health serv-

ices and supports.

‘‘(H) Juvenile crime prevention and rehabilitation pro-

grams.

‘‘SEC. 4623. PROGRAM AUTHORIZED.

‘‘(a) P

ROGRAM

UTHORIZED

.—

‘‘(1) I

N GENERAL

.—The Secretary shall use not less than

95 percent of the amounts made available under section

4601(b)(2)(B) to award grants, on a competitive basis and sub-

ject to subsection (e), to eligible entities for the following activi-

ties:

‘‘(A) P

ROMISE NEIGHBORHOODS

.—The implementation

of a comprehensive, effective continuum of coordinated

services that meets the purpose described in section 4621(1)

by carrying out activities in neighborhoods with—

‘‘(i) high concentrations of low-income individuals;

‘‘(ii) multiple signs of distress, which may include

high rates of poverty, childhood obesity, academic

failure, and juvenile delinquency, adjudication, or

incarceration; and

‘‘(iii) schools implementing comprehensive support

and improvement activities or targeted support and

improvement activities under section 1111(d).

20 USC 7273.

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129 STAT. 2025 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) F

ULL

SERVICE COMMUNITY SCHOOLS

.—The provi-

sion of assistance to public elementary schools or secondary

schools to function as full-service community schools.

‘‘(2) S

UFFICIENT 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 applicable purposes

of this subpart.

‘‘(b) D

URATION

.—A grant awarded under this subpart shall

be for a period of not more than 5 years, and may be extended

for an additional period of not more than 2 years.

‘‘(c) C

ONTINUED

UNDING

.—Continued funding of a grant under

this subpart, including a grant extended under subsection (b), after

the third year of the initial grant period shall be contingent on

the eligible entity’s progress toward meeting—

‘‘(1) with respect to a grant for activities described in section

4624, the performance metrics described in section 4624(h);

and

‘‘(2) with respect to a grant for activities described in section

4625, annual performance objectives and outcomes under sec-

tion 4625(a)(4)(C).

‘‘(d) M

ATCHING

EQUIREMENTS

.—

‘‘(1) P

ROMISE NEIGHBORHOOD ACTIVITIES

.—

‘‘(A) M

ATCHING FUNDS

.—Each eligible entity receiving

a grant under this subpart for activities described in section

4624 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.

‘‘(B) P

RIVATE SOURCES

.—The Secretary shall require

that a portion of the matching funds come from private

sources, which may include in-kind contributions.

‘‘(C) A

DJUSTMENT

.—The Secretary may adjust the

matching funds requirement under this paragraph for

applicants that demonstrate high need, including

applicants from rural areas and applicants that wish to

provide services on tribal lands.

‘‘(D) F

INANCIAL HARDSHIP WAIVER

.—The Secretary may

waive or reduce, on a case-by-case basis, the matching

requirement under this paragraph, including the require-

ment for funds from private sources, for a period of 1

year at a time, if the eligible entity demonstrates significant

financial hardship.

‘‘(2) F

ULL

SERVICE COMMUNITY SCHOOLS ACTIVITIES

.—

‘‘(A) I

N GENERAL

.—Each eligible entity receiving a

grant under this subpart for activities described in section

4625 shall provide matching funds from non-Federal

sources, which may be provided in part with in-kind con-

tributions.

‘‘(B) S

PECIAL RULE

.—The Bureau of Indian Education

may meet the requirement of subparagraph (A) using funds

from other Federal sources.

‘‘(3) S

PECIAL RULES

.—

‘‘(A) I

N GENERAL

.—The Secretary may not require any

eligible entity receiving a grant under this subpart to pro-

vide matching funds in an amount that exceeds the amount

of the grant award.

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129 STAT. 2026 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) C

ONSIDERATION

.—Notwithstanding this sub-

section, the Secretary shall not consider the ability of an

eligible entity to match funds when determining which

applicants will receive grants under this subpart.

‘‘(e) R

ESERVATION FOR

URAL

REAS

.—

‘‘(1) I

N GENERAL

.—From the amounts allocated under sub-

section (a) for grants to eligible entities, the Secretary shall

use not less than 15 percent of such amounts to award grants

to eligible entities that propose to carry out the activities

described in such subsection in rural areas.

‘‘(2) E

XCEPTION

.—The Secretary shall reduce the amount

described in paragraph (1) if the Secretary does not receive

a sufficient number of applications of sufficient quality.

‘‘(f) M

INIMUM

UMBER OF

RANTS

.—For each fiscal year, the

Secretary shall award under this subpart not fewer than 3 grants

for activities described in section 4624 and not fewer than 10

grants for activities described in section 4625, subject to the avail-

ability of appropriations, the requirements of subsection (a)(2), and

the number and quality of applications.

‘‘SEC. 4624. PROMISE NEIGHBORHOODS.

‘‘(a) A

PPLICATION

EQUIREMENTS

.—An eligible entity desiring

a grant under this subpart for activities described in this section

shall submit an application to the Secretary at such time and

in such manner as the Secretary may require, including, at a

minimum, all of the following:

‘‘(1) A plan to significantly improve the academic outcomes

of children living in a neighborhood that is served by the

eligible entity—

‘‘(A) by providing pipeline services that address the

needs of children in the neighborhood, as identified by

the needs analysis described in paragraph (4); and

‘‘(B) that is supported by effective practices.

‘‘(2) A description of the neighborhood that the eligible

entity will serve.

‘‘(3) Measurable annual objectives and outcomes for the

grant, in accordance with the metrics described in subsection

(h), for each year of the grant.

‘‘(4) An analysis of the needs and assets of the neighborhood

identified in paragraph (1), including—

‘‘(A) the size and scope of the population affected;

‘‘(B) a description of the process through which the

needs analysis was produced, including a description of

how parents, families, and community members were

engaged in such analysis;

‘‘(C) an analysis of community assets and collaborative

efforts (including programs already provided from Federal

and non-Federal sources) within, or accessible to, the

neighborhood, including, at a minimum, early learning

opportunities, family and student supports, local

businesses, local educational agencies, and institutions of

higher education;

‘‘(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

20 USC 7274.

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129 STAT. 2027 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) any barriers the eligible entity, public agencies,

and other community-based organizations have faced in

meeting such needs.

‘‘(5) A description of—

‘‘(A) all information that the entity used to identify

the pipeline services to be provided, which shall not include

information that is more than 3 years old; and

‘‘(B) how the eligible entity will—

‘‘(i) collect data on children served by each pipeline

service; and

‘‘(ii) increase the percentage of children served over

time.

‘‘(6) A description of the process used to develop the applica-

tion, including the involvement of family and community mem-

bers.

‘‘(7) A description of how the pipeline services will facilitate

the coordination of the following activities:

‘‘(A) Providing early learning opportunities for children,

including by—

‘‘(i) providing opportunities for families to acquire

the skills to promote early learning and child develop-

ment; and

‘‘(ii) ensuring appropriate diagnostic assessments

and referrals for children with disabilities and children

aged 3 through 9 experiencing developmental delays,

consistent with the Individuals with Disabilities Edu-

cation Act (20 U.S.C. 1400 et seq.), where applicable.

‘‘(B) Supporting, enhancing, operating, or expanding

rigorous, comprehensive, effective educational improve-

ments, which may include high-quality academic programs,

expanded learning time, and programs and activities to

prepare students for postsecondary education admissions

and success.

‘‘(C) Supporting partnerships between schools and

other community resources with an integrated focus on

academics and other social, health, and familial supports.

‘‘(D) Providing social, health, nutrition, and mental

health services and supports, for children, family members,

and community members, which may include services pro-

vided within the school building.

‘‘(E) Supporting evidence-based programs that assist

students through school transitions, which may include

expanding access to postsecondary education courses and

postsecondary education enrollment aid or guidance, and

other supports for at-risk youth.

‘‘(8) A description of the strategies that will be used to

provide pipeline services (including a description of which pro-

grams and services will be provided to children, family mem-

bers, community members, and children within the neighbor-

hood) to support the purpose described in section 4621(1).

‘‘(9) An explanation of the process the eligible entity will

use to establish and maintain family and community engage-

ment, including—

‘‘(A) involving representative participation by the mem-

bers of such neighborhood in the planning and implementa-

tion of the activities of each grant awarded under this

subpart for activities described in this section;

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129 STAT. 2028 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) the provision of strategies and practices to assist

family and community members in actively supporting stu-

dent achievement and child development;

‘‘(C) providing services for students, families, and

communities within the school building; and

‘‘(D) collaboration with institutions of higher education,

workforce development centers, and employers to align

expectations and programming with postsecondary edu-

cation and workforce readiness,

‘‘(10) An explanation of how the eligible entity will continu-

ously evaluate and improve the continuum of high-quality pipe-

line services to provide for continuous program improvement

and potential expansion.

‘‘(b) P

RIORITY

.—In awarding grants for activities described in

this section, the Secretary shall give priority to eligible entities

that will use funds under subsection (d) for evidence-based activi-

ties, which, for purposes of this subsection, is defined as activities

meeting the requirements of section 8101(21)(A)(i).

‘‘(c) M

EMORANDUM OF

NDERSTANDING

.—As eligible entity

shall, as part of the application described in subsection (a), submit

a preliminary memorandum of understanding, signed by each

partner entity or agency described in section 4622(1)(A)(3) (if

applicable) and detailing each partner’s financial, programmatic,

and long-term commitment with respect to the strategies described

in the application.

‘‘(d) U

SES OF

UNDS

.—Each eligible entity that receives a grant

under this subpart to carry out a program of activities described

in this section shall use the grant funds to—

‘‘(1) support planning activities to develop and implement

pipeline services;

‘‘(2) implement the pipeline services; and

‘‘(3) continuously evaluate the success of the program and

improve the program based on data and outcomes.

‘‘(e) S

PECIAL

ULES

.—

‘‘(1) F

UNDS FOR PIPELINE SERVICES

.—Each eligible entity

that receives a grant under this subpart for activities described

in this section shall, for the first year of the grant, use not

less than 50 percent of the grant funds, and, for the second

year of the grant, use not less than 25 percent of the grant

funds, to carry out the activities described in subsection (d)(1).

‘‘(2) O

PERATIONAL FLEXIBILITY

.—Each eligible entity that

operates a school in a neighborhood served by a grant program

under this subpart for activities described in this section 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 sub-

section (a).

‘‘(3) L

IMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS

.—Funds provided under this subpart for

activities described in this section 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.

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129 STAT. 2029 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) Evaluating children, other than for the purposes

of improving instruction, classroom environment, profes-

sional development, or parent and family engagement, or

program improvement.

‘‘(f) R

EPORT

.—Each eligible entity that receives a grant under

this subpart for activities described in this section shall prepare

and submit an annual report to the Secretary, which shall include—

‘‘(1) information about the number and percentage of chil-

dren in the neighborhood who are served by the grant program,

including a description of the number and percentage of chil-

dren accessing each support or service offered as part of the

pipeline services; and

‘‘(2) information relating to the performance metrics

described in subsection (h).

‘‘(g) P

UBLICLY

VAILABLE

ATA

.—Each eligible entity that

receives a grant under this subpart for activities described in this

section shall make publicly available, including through electronic

means, the information described in subsection (f). To the extent

practicable, such information shall be provided in a form and lan-

guage accessible to parents and families in the neighborhood served

under the grant, and such information shall be a part of statewide

longitudinal data systems.

‘‘(h) P

ERFORMANCE

NDICATORS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish perform-

ance indicators under paragraph (2) and corresponding metrics

to be used for the purpose of reporting under paragraph (3)

and program evaluation under subsection (i).

‘‘(2) I

NDICATORS

.—The performance indicators established

by the Secretary under paragraph (1) shall be indicators of

improved academic and developmental outcomes for children,

including indicators of school readiness, high school graduation,

postsecondary education and career readiness, and other aca-

demic and developmental outcomes, to promote—

‘‘(A) data-driven decision-making by eligible entities

receiving funds under this subpart; and

‘‘(B) access to a community-based continuum of high-

quality services for children living in the most distressed

communities of the United States, beginning at birth.

‘‘(3) R

EPORTING

.—Each eligible entity that receives a grant

under this subpart for activities described in this section shall

annually collect and report to the Secretary data on the

performance indicators described in paragraph (2) for use by

the Secretary in making a determination concerning continu-

ation funding and grant extension under section 4623(b) for

each eligible entity.

‘‘(i) E

VALUATION

.—The Secretary shall reserve not more than

5 percent of the funds made available under section 4601(b)(2)(A)

to provide technical assistance and evaluate the implementation

and impact of the activities funded under this section, in accordance

with section 8601.

‘‘SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS.

‘‘(a) A

PPLICATION

.—An eligible entity that desires a grant under

this subpart for activities described in this section shall submit

an application to the Secretary at such time and in such manner

as the Secretary may require. The Secretary shall require that

each such application include the following:

20 USC 7275.

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129 STAT. 2030 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) A description of the eligible entity.

‘‘(2) A memorandum of understanding among all partner

entities in the eligible entity that will assist the eligible entity

to coordinate and provide pipeline services and that describes

the roles the partner entities will assume.

‘‘(3) A description of the capacity of the eligible entity

to coordinate and provide pipeline services at 2 or more full-

service community schools.

‘‘(4) A comprehensive plan that includes descriptions of

the following:

‘‘(A) The student, family, and school community to

be served, including demographic information.

‘‘(B) A needs assessment that identifies the academic,

physical, nonacademic, health, mental health, and other

needs of students, families, and community residents.

‘‘(C) Annual measurable performance objectives and

outcomes, including an increase in the number and percent-

age of families and students targeted for services each

year of the program, in order to ensure that children are—

‘‘(i) prepared for kindergarten;

‘‘(ii) achieving academically; and

‘‘(iii) safe, healthy, and supported by engaged par-

ents.

‘‘(D) Pipeline services, including existing and additional

pipeline services, to be coordinated and provided by the

eligible entity and its partner entities, including an expla-

nation of—

‘‘(i) why such services have been selected;

‘‘(ii) how such services will improve student aca-

demic achievement; and

‘‘(iii) how such services will address the annual

measurable performance objectives and outcomes

established under subparagraph (C).

‘‘(E) Plans to ensure that each full-service community

school site has a full-time coordinator of pipeline services

at such school, including a description of the applicable

funding sources, plans for professional development for the

personnel managing, coordinating, or delivering pipeline

services, and plans for joint utilization and management

of school facilities.

‘‘(F) Plans for annual evaluation based upon attain-

ment of the performance objectives and outcomes described

in subparagraph (C).

‘‘(G) Plans for sustaining the programs and services

described in this subsection after the grant period.

‘‘(5) An assurance that the eligible entity and its partner

entities will focus services on schools eligible for a schoolwide

program under section 1114(b).

‘‘(b) P

RIORITY

.—In awarding grants under this subpart for

activities described in this section, the Secretary shall give priority

to eligible entities that—

‘‘(1)(A) will serve a minimum of 2 or more full-service

community schools eligible for a schoolwide program under

section 1114(b), as part of a community- or district-wide

strategy; or

‘‘(B) include a local educational agency that satisfies the

requirements of—

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129 STAT. 2031 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) subparagraph (A), (B), or (C) of section 5211(b)(1);

‘‘(ii) subparagraphs (A) and (B) of section 5221(b)(1);

‘‘(2) are consortiums comprised of a broad representation

of stakeholders or consortiums demonstrating a history of

effectiveness; and

‘‘(3) will use funds for evidence-based activities described

in subsection (e), defined for purposes of this paragraph as

activities meeting the requirements of section 8101(21)(A)(i).

‘‘(c) P

LANNING

.—The Secretary may authorize an eligible entity

receiving a grant under this subpart for activities described in

this section to use not more than 10 percent of the total amount

of grant funds for planning purposes during the first year of the

grant.

‘‘(d) M

INIMUM

MOUNT

.—The Secretary may not award a grant

under this subpart for activities described in this section to an

eligible entity in an amount that is less than $75,000 for each

year of the grant period, subject to the availability of appropriations.

‘‘(e) U

SE OF

UNDS

.—Grants awarded under this subpart for

activities described in this section shall be used to—

‘‘(1) coordinate not less than 3 existing pipeline services,

as of the date of the grant award, and provide not less than

2 additional pipeline services, at 2 or more public elementary

schools or secondary schools;

‘‘(2) to the extent practicable, integrate multiple pipeline

services into a comprehensive, coordinated continuum to

achieve the annual measurable performance objectives and out-

comes under subsection (a)(4)(C) to meet the holistic needs

of children; and

‘‘(3) if applicable, coordinate and integrate services provided

by community-based organizations and government agencies

with services provided by specialized instructional support per-

sonnel.

‘‘(f) E

VALUATIONS BY THE

NSTITUTE OF

DUCATION

CIENCES

.—

The Secretary, acting through the Director of the Institute of Edu-

cation Sciences, shall conduct evaluations of the effectiveness of

grants under this subpart for activities described in this section

in achieving the purpose described in section 4621(2).

‘‘(g) E

VALUATIONS BY

RANTEES

.—The Secretary shall require

each eligible entity receiving a grant under this subpart for activi-

ties described in this section to—

‘‘(1) conduct annual evaluations of the progress achieved

with the grant toward the purpose described in section 4621(2);

‘‘(2) use such evaluations to refine and improve activities

carried out through the grant and the annual measurable

performance objectives and outcomes under subsection (a)(4)(C);

and

‘‘(3) make the results of such evaluations publicly available,

including by providing public notice of such availability.

‘‘(h) C

ONSTRUCTION

LAUSE

.—Nothing in this section shall be

construed to alter or otherwise affect the rights, remedies, and

procedures afforded school or local educational agency employees

under Federal, State, or local laws (including applicable regulations

or court orders) or under the terms of collective bargaining agree-

ments, memoranda of understanding, or other agreements between

such employees and their employers.

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129 STAT. 2032 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) S

UPPLEMENT

, N

UPPLANT

.—Funds made available to

an eligible entity through a grant under this subpart for activities

described in this section may be used only to supplement, and

not supplant, any other Federal, State, or local funds that would

otherwise be available to carry out the activities assisted under

this section.

‘‘Subpart 3—National Activities for School Safety

‘‘SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY.

‘‘(a) P

ROGRAM

UTHORIZED

.—

‘‘(1) I

N GENERAL

.—From the funds reserved under section

4601(b)(1), the Secretary—

‘‘(A) shall use a portion of such funds for the Project

School Emergency Response to Violence program (in this

section referred to as ‘Project SERV’), in order to provide

education-related services to eligible entities; and

‘‘(B) may use a portion of such funds to carry out

other activities to improve students’ safety and well-being,

during and after the school day, under this section directly

or through grants, contracts, or cooperative agreements

with public or private entities or individuals, or other Fed-

eral agencies, such as providing technical assistance to

States and local educational agencies carrying out activities

under this section or conducting a national evaluation.

‘‘(2) A

VAILABILITY

.—Amounts reserved under section

4601(b)(1) for Project SERV are authorized to remain available

until expended for Project SERV.

‘‘(b) P

ROJECT

SERV.—

‘‘(1) A

DDITIONAL USE OF FUNDS

.—Funds made available

under subsection (a) for extended services grants under Project

SERV may be used by an eligible entity to initiate or strengthen

violence prevention activities as part of the activities designed

to restore the learning environment that was disrupted by

the violent or traumatic crisis in response to which the grant

was awarded.

‘‘(2) A

PPLICATION PROCESS

.—

‘‘(A) I

N GENERAL

.—An eligible entity desiring to use

a portion of extended services grant funds under Project

SERV to initiate or strengthen a violence prevention

activity shall—

‘‘(i) submit, in an application that meets all

requirements of the Secretary for Project SERV, the

information described in subparagraph (B); or

‘‘(ii) in the case of an eligible entity that has

already received an extended services grant under

Project SERV, submit an addition to the original

application that includes the information described in

subparagraph (B).

‘‘(B) A

PPLICATION REQUIREMENTS

.—An application, or

addition to an application, for an extended services grant

pursuant to subparagraph (A) shall include the following:

‘‘(i) A demonstration of the need for funds due

to a continued disruption or a substantial risk of

disruption to the learning environment.

20 USC 7281.

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129 STAT. 2033 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) An explanation of the proposed activities that

are designed to restore and preserve the learning

environment.

‘‘(iii) A budget and budget narrative for the pro-

posed activities.

‘‘(3) A

WARD BASIS

.—Any award of funds under Project

SERV for violence prevention activities under this section shall

be subject to the discretion of the Secretary and the availability

of funds.

‘‘(4) P

ROHIBITED USE

.—No funds provided to an eligible

entity for violence prevention activities may be used for

construction, renovation, or repair of a facility or for the perma-

nent infrastructure of the eligible entity.

‘‘(c) D

EFINITION OF

LIGIBLE

NTITY

.—In this section, the term

‘eligible entity’ means—

‘‘(1) a local educational agency, as defined in subparagraph

(A), (B), or (C) of section 8101(30), or institution of higher

education in which the learning environment has been dis-

rupted due to a violent or traumatic crisis; or

‘‘(2) the Bureau of Indian Education in a case where the

learning environment of a school operated or funded by the

Bureau, including a school meeting the definition of a local

educational agency under section 8101(30)(C), has been dis-

rupted due to a violent or traumatic crisis.

‘‘Subpart 4—Academic Enrichment

‘‘SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT.

‘‘(a) P

ROGRAM

UTHORIZED

.—From funds reserved under section

4601(b)(2)(C), the Secretary shall award grants, contracts, or

cooperative agreements, on a competitive basis, to eligible entities

for the purposes of enriching the academic experience of students

by promoting—

‘‘(1) arts education for disadvantaged students and students

who are children with disabilities, as described in section 4642;

‘‘(2) school readiness through the development and dissemi-

nation of accessible instructional programming for preschool

and elementary school children and their families, as described

in section 4643; and

‘‘(3) support for high-ability learners and high-ability

learning, as described in section 4644.

‘‘(b) A

NNUAL

WARDS

.—The Secretary shall annually make

awards to fulfill each of the purposes described in paragraphs

(1) through (3) of subsection (a).

‘‘SEC. 4642. ASSISTANCE FOR ARTS EDUCATION.

‘‘(a) A

WARDS TO

ROVIDE

SSISTANCE FOR

RTS

DUCATION

.—

‘‘(1) I

N GENERAL

.—Awards made to eligible entities to fulfill

the purpose described in section 4641(a)(1), shall be used for

a program (to be known as the ‘Assistance for Arts Education

program’) to promote arts education for students, including

disadvantaged students and students who are children with

disabilities, through activities such as—

‘‘(A) professional development for arts educators,

teachers, and principals;

‘‘(B) development and dissemination of accessible

instructional materials and arts-based educational

20 USC 7292.

20 USC 7291.

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129 STAT. 2034 PUBLIC LAW 114–95—DEC. 10, 2015

programming, including online resources, in multiple arts

disciplines; and

‘‘(C) community and national outreach activities that

strengthen and expand partnerships among schools, local

educational agencies, communities, or centers for the arts,

including national centers for the arts.

‘‘(b) C

ONDITIONS

.—As conditions of receiving assistance made

available under this section, the Secretary shall require each eligible

entity receiving such assistance—

‘‘(1) to coordinate, to the extent practicable, each project

or program carried out with such assistance with appropriate

activities of public or private cultural agencies, institutions,

and organizations, including museums, arts education associa-

tions, libraries, and theaters; and

‘‘(2) to use such assistance only to supplement, and not

to supplant, any other assistance or funds made available from

non-Federal sources for the activities assisted under this sub-

part.

‘‘(c) C

ONSULTATION

.—In carrying out this section, the Secretary

shall consult with Federal agencies or institutions, arts educators

(including professional arts education associations), and organiza-

tions representing the arts (including State and local arts agencies

involved in arts education).

‘‘(d) P

RIORITY

.—In awarding grants under this section, the Sec-

retary shall give priority to eligible entities that are eligible national

nonprofit organizations.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means—

‘‘(A) a local educational agency in which 20 percent

or more of the students served by the local educational

agency are from families with an income below the poverty

line;

‘‘(B) a consortium of such local educational agencies;

‘‘(C) a State educational agency;

‘‘(D) an institution of higher education;

‘‘(E) a museum or cultural institution;

‘‘(F) the Bureau of Indian Education;

‘‘(G) an eligible national nonprofit organization; or

‘‘(H) another private agency, institution, or organiza-

tion.

‘‘(2) E

LIGIBLE NATIONAL NONPROFIT ORGANIZATION

.—The

term ‘eligible national nonprofit organization’ means an

organization of national scope that—

‘‘(A) is supported by staff, which may include volun-

teers, or affiliates at the State and local levels; and

‘‘(B) demonstrates effectiveness or high-quality plans

for addressing arts education activities for disadvantaged

students or students who are children with disabilities.

‘‘SEC. 4643. READY TO LEARN PROGRAMMING.

‘‘(a) A

WARDS TO

ROMOTE

CHOOL

EADINESS

HROUGH

EADY

EARN

ROGRAMMING

.—

‘‘(1) I

N GENERAL

.—Awards made to eligible entities

described in paragraph (3) to fulfill the purpose described in

section 4641(a)(2) shall—

‘‘(A) be known as ‘Ready to Learn Programming

awards’; and

20 USC 7293.

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129 STAT. 2035 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) be used to—

‘‘(i) develop, produce, and distribute accessible edu-

cational and instructional video programming for pre-

school and elementary school children and their par-

ents in order to facilitate student academic achieve-

ment;

‘‘(ii) facilitate the development, directly or through

contracts with producers of children’s and family edu-

cational television programming, of educational

programming for preschool and elementary school chil-

dren, and the accompanying support materials and

services that promote the effective use of such program-

ming;

‘‘(iii) facilitate the development of programming

and digital content containing Ready-to-Learn

programming and resources for parents and caregivers

that is specially designed for nationwide distribution

over public television stations’ digital broadcasting

channels and the Internet;

‘‘(iv) contract with entities (such as public tele-

communications entities) so that programming devel-

oped under this section is disseminated and distributed

to the widest possible audience appropriate to be served

by the programming, and through the use of the most

appropriate distribution technologies; and

‘‘(v) develop and disseminate education and

training materials, including interactive programs and

programs adaptable to distance learning technologies,

that are designed—

‘‘(I) to promote school readiness; and

‘‘(II) to promote the effective use of materials

developed under clauses (ii) and (iii) among par-

ents, family members, teachers, principals and

other school leaders, Head Start providers, pro-

viders of family literacy services, child care pro-

viders, early childhood educators, elementary

school teachers, public libraries, and after-school

program personnel caring for preschool and

elementary school children.

‘‘(2) A

VAILABILITY

.—In awarding or entering into grants,

contracts, or cooperative agreements under this section, the

Secretary shall ensure that eligible entities described in para-

graph (3) make programming widely available, with support

materials as appropriate, to young children, parents, child care

workers, Head Start providers, and providers of family literacy

services to increase the effective use of such programming.

‘‘(3) E

LIGIBLE ENTITIES

.—To be eligible to receive a grant,

contract, or cooperative agreement under this section, an entity

shall be a public telecommunications entity that is able to

demonstrate each of the following:

‘‘(A) A capacity for the development and national dis-

tribution of educational and instructional television

programming of high quality that is accessible by a large

majority of disadvantaged preschool and elementary school

children.

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129 STAT. 2036 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) A capacity to contract with the producers of chil-

dren’s television programming for the purpose of developing

educational television programming of high quality.

‘‘(C) A capacity, consistent with the entity’s mission

and nonprofit nature, to negotiate such contracts in a

manner that returns to the entity an appropriate share

of any ancillary income from sales of any program-related

products.

‘‘(D) A capacity to localize programming and materials

to meet specific State and local needs and to provide edu-

cational outreach at the local level.

‘‘(4) C

OORDINATION OF ACTIVITIES

.—An entity receiving a

grant, contract, or cooperative agreement under this section

shall consult with the Secretary and the Secretary of Health

and Human Services—

‘‘(A) to maximize the use of high-quality educational

programming by preschool and elementary school children,

and make such programming widely available to Federally

funded programs serving such populations; and

‘‘(B) to coordinate activities with Federal programs that

have major training components for early childhood

development, including programs under the Head Start

Act (42 U.S.C. 9831 et seq.) and State training activities

funded under the Child Care and Development Block Grant

Act of 1990 (42 U.S.C. 9858 et seq.), regarding the avail-

ability and utilization of materials developed under para-

graph (1)(B)(v) to enhance parent and child care provider

skills in early childhood development and education.

‘‘(b) A

PPLICATIONS

.—To be eligible to receive a grant, contract,

or cooperative agreement under subsection (a), an entity shall

submit to the Secretary an application at such time and in such

manner as the Secretary may reasonably require. The application

shall include—

‘‘(1) a description of the activities to be carried out under

this section;

‘‘(2) a list of the types of entities with which such entity

will enter into contracts under subsection (a)(1)(B)(iv);

‘‘(3) a description of the activities the entity will undertake

widely to disseminate the content developed under this section;

and

‘‘(4) a description of how the entity will comply with sub-

section (a)(2).

‘‘(c) R

EPORTS AND

VALUATIONS

.—

‘‘(1) A

NNUAL REPORT TO SECRETARY

.—An entity receiving

a grant, contract, or cooperative agreement under this section

shall prepare and submit to the Secretary an annual report.

The report shall describe the program activities undertaken

with funds received under the grant, contract, or cooperative

agreement, including each of the following:

‘‘(A) The programming that has been developed,

directly or indirectly, by the eligible entity, and the target

population of the programming.

‘‘(B) The support and training materials that have

been developed to accompany the programming, and the

method by which the materials are distributed to con-

sumers and users of the programming.

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129 STAT. 2037 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(C) The means by which programming developed

under this section has been distributed, including the dis-

tance learning technologies that have been utilized to make

programming available, and the geographic distribution

achieved through such technologies.

‘‘(D) The initiatives undertaken by the entity to develop

public-private partnerships to secure non-Federal support

for the development, distribution, and broadcast of edu-

cational and instructional programming.

‘‘(2) R

EPORT TO CONGRESS

.—The Secretary shall prepare

and submit 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 biannual

report that includes the following:

‘‘(A) A summary of the activities assisted under sub-

section (a).

‘‘(B) A description of the education and training mate-

rials made available under subsection (a)(1)(B)(v), the

manner in which outreach has been conducted to inform

parents and child care providers of the availability of such

materials, and the manner in which such materials have

been distributed in accordance with such subsection.

‘‘(d) A

DMINISTRATIVE

OSTS

.—An entity that receives a grant,

contract, or cooperative agreement under this section may use up

to 5 percent of the amount received under the grant, contract,

or agreement for the normal and customary expenses of admin-

istering the grant, contract, or agreement.

‘‘(e) F

UNDING

ULE

.—Not less than 60 percent of the amount

used by the Secretary to carry out this section for each fiscal

year shall be used to carry out activities under clauses (ii) through

(iv) of subsection (a)(1)(B).

‘‘SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.

‘‘(a) P

URPOSE

.—The purpose of this section is to promote and

initiate a coordinated program, to be known as the ‘Jacob K. Javits

Gifted and Talented Students Education Program’, of evidence-

based research, demonstration projects, innovative strategies, and

similar activities designed to build and enhance the ability of

elementary schools and secondary schools nationwide to identify

gifted and talented students and meet their special educational

needs.

‘‘(b) P

ROGRAM

UTHORIZED

.—

‘‘(1) I

N GENERAL

.—The Secretary (after consultation with

experts in the field of the education of gifted and talented

students) shall make awards to, or enter into contracts with,

State educational agencies, local educational agencies, the

Bureau of Indian Education, institutions of higher education,

other public agencies, and other private agencies and organiza-

tions to assist such agencies, institutions, or organizations,

or the Bureau, in carrying out programs or projects to fulfill

the purpose described in section 4641(a)(3), including the

training of personnel in the identification and education of

gifted and talented students and in the use, where appropriate,

of gifted and talented services, materials, and methods for

all students.

‘‘(2) A

PPLICATION

.—Each entity seeking assistance under

this section shall submit an application to the Secretary at

20 USC 7294.

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129 STAT. 2038 PUBLIC LAW 114–95—DEC. 10, 2015

such time and in such manner as the Secretary may reasonably

require. Each application shall describe how—

‘‘(A) the proposed identification methods, as well as

gifted and talented services, materials, and methods, can

be adapted, if appropriate, for use by all students; and

‘‘(B) the proposed programs can be evaluated.

‘‘(c) U

SES OF

UNDS

.—Programs and projects assisted under

this section may include any of the following:

‘‘(1) Conducting evidence-based research on methods and

techniques for identifying and teaching gifted and talented

students and for using gifted and talented programs and

methods to identify and provide the opportunity for all students

to be served, particularly low-income and at-risk students.

‘‘(2) Establishing and operating programs and projects for

identifying and serving gifted and talented students, including

innovative methods and strategies (such as summer programs,

mentoring programs, peer tutoring programs, service learning

programs, and cooperative learning programs involving busi-

ness, industry and education) for identifying and educating

students who may not be served by traditional gifted and

talented programs.

‘‘(3) Providing technical assistance and disseminating

information, which may include how gifted and talented pro-

grams and methods may be adapted for use by all students,

particularly low-income and at-risk students.

‘‘(d) C

ENTER FOR

ESEARCH AND

EVELOPMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary (after consultation with

experts in the field of the education of gifted and talented

students) shall establish a National Research Center for the

Education of Gifted and Talented Children and Youth through

grants to, or contracts with, one or more institutions of higher

education or State educational agencies, or a combination or

consortium of such institutions and agencies and other public

or private agencies and organizations, for the purpose of car-

rying out activities described in subsection (c).

‘‘(2) D

IRECTOR

.—The National Center shall be headed by

a Director. The Secretary may authorize the Director to carry

out such functions of the National Center as may be agreed

upon through arrangements with institutions of higher edu-

cation, State educational agencies, local educational agencies,

or other public or private agencies and organizations.

‘‘(e) C

OORDINATION

.—Evidence-based activities supported under

this section—

‘‘(1) shall be carried out in consultation with the Institute

of Education Sciences to ensure that such activities are coordi-

nated with and enhance the research and development activities

supported by the Institute; and

‘‘(2) may include collaborative evidence-based activities that

are jointly funded and carried out with such Institute.

‘‘(f) G

ENERAL

RIORITY

.—In carrying out this section, the Sec-

retary shall give highest priority to programs and projects designed

to—

‘‘(1) develop new information that—

‘‘(A) improves the capability of schools to plan, conduct,

and improve programs to identify and serve gifted and

talented students; or

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129 STAT. 2039 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) assists schools in the identification of, and provi-

sion of services to, gifted and talented students (including

economically disadvantaged individuals, individuals who

are English learners, and children with disabilities) who

may not be identified and served through traditional

assessment methods; or

‘‘(2) implement evidence-based activities, defined in this

paragraph as activities meeting the requirements of section

8101(21)(A)(i).

‘‘(g) P

ARTICIPATION OF

RIVATE

CHOOL

HILDREN AND

EACHERS

.—In making grants and entering into contracts under

this section, the Secretary shall ensure, where appropriate, that

provision is made for the equitable participation of students and

teachers in private nonprofit elementary schools and secondary

schools, including the participation of teachers and other personnel

in professional development programs serving such students.

‘‘(h) R

EVIEW

, D

ISSEMINATION

AND

VALUATION

.—The Secretary

shall—

‘‘(1) use a peer-review process in reviewing applications

under this section;

‘‘(2) ensure that information on the activities and results

of programs and projects funded under this section is dissemi-

nated to appropriate State educational agencies, local edu-

cational agencies, and other appropriate organizations,

including private nonprofit organizations; and

‘‘(3) evaluate the effectiveness of programs under this sec-

tion in accordance with section 8601, in terms of the impact

on students traditionally served in separate gifted and talented

programs and on other students, and submit the results of

such evaluation to Congress not later than 2 years after the

date of enactment of the Every Student Succeeds Act.

‘‘(i) P

ROGRAM

PERATIONS

.—The Secretary shall ensure that

the programs under this section are administered within the

Department by a person who has recognized professional qualifica-

tions and experience in the field of the education of gifted and

talented students and who shall—

‘‘(1) administer and coordinate the programs authorized

under this section;

‘‘(2) serve as a focal point of national leadership and

information on the educational needs of gifted and talented

students and the availability of educational services and pro-

grams designed to meet such needs;

‘‘(3) assist the Director of the Institute of Education

Sciences in identifying research priorities that reflect the needs

of gifted and talented students; and

‘‘(4) disseminate, and consult on, the information developed

under this section with other offices within the Department.’’.

TITLE V—STATE INNOVATION AND

LOCAL FLEXIBILITY

SEC. 5001. GENERAL PROVISIONS.

(a) T

ITLE

VI R

EDESIGNATIONS

.—Title VI (20 U.S.C. 7301 et

seq.) is redesignated as title V and further amended—

(1) by redesignating sections 6121 through 6123 as sections

5101 through 5103, respectively;

20 USC 7305,

7305a, 7305b.

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129 STAT. 2040 PUBLIC LAW 114–95—DEC. 10, 2015

(2) by redesignating sections 6201 and 6202 as sections

5201 and 5202, respectively;

(3) by redesignating sections 6211 through 6213 as sections

5211 through 5213, respectively;

(4) by redesignating sections 6221 through 6224 as sections

5221 through 5224, respectively; and

(5) by redesignating sections 6231 through 6234 as sections

5231 through 5234, respectively.

(b) S

TRUCTURAL AND

ONFORMING

MENDMENTS

.—Title V (as

redesignated by subsection (a) of this section) is further amended—

(1) in part A, by striking subparts 1, 3, and 4;

(2) by striking ‘‘section 6212’’ each place it appears and

inserting ‘‘section 5212’’;

(3) by striking ‘‘section 6223’’ each place it appears and

inserting ‘‘section 5223’’; and

(4) by striking ‘‘section 6234’’ each place it appears and

inserting ‘‘section 5234’’.

SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDU-

CATIONAL AGENCIES.

Part A of title V, as redesignated and amended by section

5001 of this Act, is further amended—

(1) in the part heading, by striking ‘‘

IMPROVING ACADEMIC

ACHIEVEMENT

’’ and inserting ‘‘

FUNDING TRANSFERABILITY FOR

STATE AND LOCAL EDUCATIONAL AGENCIES

’’;

(2) by striking ‘‘Subpart 2—Funding Transferability

for State and Local Educational Agencies’’;

(3) by striking ‘‘subpart’’ each place it appears and inserting

‘‘part’’;

(4) by amending section 5102 to read as follows:

‘‘SEC. 5102. PURPOSE.

‘‘The purpose of this part is to allow States and local educational

agencies the flexibility to target Federal funds to the programs

and activities that most effectively address the unique needs of

States and localities.’’;

(5) in section 5103—

(A) in subsection (a)—

(i) in paragraph (1)—

(I) in the matter preceding subparagraph (A),

by striking ‘‘not more than 50 percent of the non-

administrative State funds’’ and inserting ‘‘all, or

any lesser amount, of State funds’’; and

(II) by striking subparagraphs (A) through (D)

and inserting the following:

‘‘(A) Part A of title II.

‘‘(B) Part A of title IV.

‘‘(C) Section 4202(c)(3).’’; and

(ii) by striking paragraph (2) and inserting the

following;

‘‘(2) A

DDITIONAL FUNDS

.—In accordance with this part, a

State may transfer any funds allotted to the State under a

provision listed in paragraph (1) for a fiscal year to its allotment

under any other of the following provisions:

‘‘(A) Part A of title I.

‘‘(B) Part C of title I.

‘‘(C) Part D of title I.

‘‘(D) Part A of title III.

20 USC 7305b.

20 USC 7305a.

20 USC 7305,

7305b.

20 USC 7351.

20 USC 7351,

7351c.

20 USC 7355.

20 USC 7301,

7301a, 7301b,

7311, 7311a,

7311b, 7315,

7315a–7315c,

7321,

7321a–7321e,

7325,

7325a–7325c.

20 USC 7355,

7355a–7355c.

20 USC 7351,

7351a–7351c.

20 USC 7345,

7345a, 7345b.

20 USC 7341,

7341a.

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129 STAT. 2041 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) Part B.’’.

(B) in subsection (b)—

(i) in paragraph (1)—

(I) in subparagraph (A), by striking ‘‘(except’’

and all that follows through ‘‘subparagraph (C))’’

and inserting ‘‘may transfer all, or any lesser

amount, of the funds allocated to it’’;

(II) by striking subparagraphs (B) and (C) and

inserting:

‘‘(B) A

DDITIONAL FUNDS

.—In accordance with this part,

a local educational agency may transfer any funds allotted

to such agency under a provision listed in paragraph (2)

for a fiscal year to its allotment under any other of the

following provisions:

‘‘(i) Part A of title I.

‘‘(ii) Part C of title I.

‘‘(iii) Part D of title I.

‘‘(iv) Part A of title III.

‘‘(v) Part B.’’;

(ii) in paragraph (2)—

(I) in the matter preceding subparagraph (A),

by striking ‘‘subparagraph (A), (B), or (C)’’ and

inserting ‘‘subparagraph (A) or (B)’’; and

(II) by striking subparagraphs (A) through (D)

and inserting the following:

‘‘(A) Part A of title II.

‘‘(B) Part A of title IV.’’;

lowing:

‘‘(c) N

RANSFER OF

ERTAIN

UNDING

.—A State or local edu-

cational agency may not transfer under this part to any other

program any funds allotted or allocated to it for the following

provisions:

‘‘(1) Part A of title I.

‘‘(2) Part C of title I.

‘‘(3) Part D of title I.

‘‘(4) Part A of title III.

‘‘(5) Part B.’’; and

(D) in subsection (e)(2), by striking ‘‘section 9501’’ and

inserting ‘‘section 8501’’.

SEC. 5003. RURAL EDUCATION INITIATIVE.

Part B of title V, as redesignated and amended by section

5001 of this Act, is further amended—

(1) in section 5211—

(A) in subsection (a)(1), by striking subparagraphs (A)

through (E) and inserting the following:

‘‘(A) Part A of title I.

‘‘(B) Part A of title II.

‘‘(C) Title III.

‘‘(D) Part A or B of title IV.’’;

(B) in subsection (b)(1)—

(i) in subparagraph (A)(ii)—

(I) by striking ‘‘school’’ before ‘‘locale code’’;

and

20 USC 7345.

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129 STAT. 2042 PUBLIC LAW 114–95—DEC. 10, 2015

(II) by striking ‘‘7 or 8, as determined by the

Secretary; or’’ and inserting ‘‘41, 42, or 43, as

determined by the Secretary;’’;

(ii) in subparagraph (B), by striking the period

at the end and inserting ‘‘; or’’; and

(iii) by adding at the end the following:

‘‘(C) the local educational agency is a member of an

educational service agency that does not receive funds

under this subpart and the local educational agency meets

the requirements of this part.’’; and

(3) and inserting the following:

‘‘(1) Part A of title II.

‘‘(2) Part A of title IV.’’;

(2) in section 5212—

(A) in subsection (a), by striking paragraphs (1)

through (5) and inserting the following:

‘‘(1) Part A of title I.

‘‘(2) Part A of title II.

‘‘(3) Title III.

‘‘(4) Part A or B of title IV.’’;

(B) in subsection (b)—

(i) by striking paragraph (1) and inserting the

following:

‘‘(1) A

LLOCATION

.—

‘‘(A) I

N GENERAL

.—Except as provided in paragraphs

(3) and (4), the Secretary shall award a grant under sub-

section (a) to a local educational agency eligible under

section 5211(b) for a fiscal year in an amount equal to

the initial amount determined under paragraph (2) for

the fiscal year minus the total amount received by the

agency under the provisions of law described in section

5211(c) for the preceding fiscal year.

‘‘(B) S

PECIAL DETERMINATION

.—For a local educational

agency that is eligible under section 5211(b)(1)(C) and is

a member of an educational service agency, the Secretary

may determine the award amount by subtracting from

the initial amount determined under paragraph (2), an

amount that is equal to that local educational agency’s

per-pupil share of the total amount received by the edu-

cational service agency under the provisions described in

section 5211(c), as long as a determination under this

subparagraph would not disproportionately affect any

State.’’;

(ii) by striking paragraph (2) and inserting the

following:

‘‘(2) D

ETERMINATION OF INITIAL AMOUNT

.—

‘‘(A) I

N 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 edu-

cational agency, plus $20,000, except that the initial

amount may not exceed $60,000.

‘‘(B) S

PECIAL RULE

.—For any fiscal year for which the

amount made available to carry out this part is

$265,000,000 or more, subparagraph (A) shall be applied—

‘‘(i) by substituting ‘$25,000’ for ‘$20,000’; and

20 USC 7345a.

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129 STAT. 2043 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) by substituting ‘$80,000’ for ‘$60,000’.’’; and

(iii) by adding at the end the following:

‘‘(4) H

OLD HARMLESS

.—For a local educational agency that

is not eligible under this subpart due to amendments made

by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii)

but met the eligibility requirements under section 6211(b) as

such section was in effect on the day before the date of enact-

ment of the Every Student Succeeds Act, the agency shall

receive—

‘‘(A) for fiscal year 2017, 75 percent of the amount

such agency received for fiscal year 2015;

‘‘(B) for fiscal year 2018, 50 percent of the amount

such agency received for fiscal year 2015; and

‘‘(C) for fiscal year 2019, 25 percent of the amount

such agency received for fiscal year 2015.’’; and

(3) by striking section 5213;

(4) in section 5221—

(A) in subsection (a), by striking ‘‘section 6222(a)’’ and

inserting ‘‘section 5222(a)’’;

(B) in subsection (b)—

(i) in paragraph (1)—

(I) by striking ‘‘(A) 20 percent’’ and inserting

‘‘(A)(i) 20 percent’’;

(II) by redesignating subparagraph (B) as

clause (ii);

(III) in clause (ii) (as redesignated by sub-

clause (II))—

(aa) by striking ‘‘school’’ before ‘‘locale

code’’;

(bb) by striking ‘‘6, 7, or 8’’ and inserting

‘‘32, 33, 41, 42, or 43’’; and

(cc) by striking the period at the end and

inserting ‘‘; or’’; and

(IV) by adding at the end the following:

‘‘(B) the agency meets the criteria established in clause

(i) of subparagraph (A) and the Secretary, in accordance

with paragraph (2), grants the local educational agency’s

request to waive the criteria described in clause (ii) of

such subparagraph.’’;

(ii) by redesignating paragraph (2) as paragraph

(3); and

(iii) by inserting after paragraph (1) the following:

‘‘(2) C

ERTIFICATION

.—The Secretary shall determine

whether to waive the criteria described in paragraph (1)(A)(ii)

based on a demonstration by the local educational agency,

and concurrence by the State educational agency, that the

local educational agency is located in an area defined as rural

by a governmental agency of the State.’’;

Affairs’’ and inserting ‘‘Bureau of Indian Education’’;

(5) in section 5222(a), by striking paragraphs (1) through

(7) and inserting the following:

‘‘(1) Activities authorized under part A of title I.

‘‘(2) Activities authorized under part A of title II.

‘‘(3) Activities authorized under title III.

‘‘(4) Activities authorized under part A of title IV.

20 USC 7351a.

20 USC 7351.

20 USC 7345b.

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129 STAT. 2044 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(5) Parental involvement activities.’’;

(6) in section 5223—

(A) in subsection (a), by striking ‘‘at such time, in

such manner, and accompanied by such information’’ and

inserting ‘‘at such time and in such manner’’; and

(B) by striking subsection (b) and inserting the fol-

lowing:

‘‘(b) C

ONTENTS

.—Each application submitted under subsection

(a) shall include information on—

‘‘(1) program objectives and outcomes for activities under

this subpart, including how the State educational agency or

specially qualified agency will use funds to help all students

meet the challenging State academic standards;

‘‘(2) if the State educational agency will competitively

award grants to eligible local educational agencies, as described

in section 5221(b)(3)(A), the application under the section shall

include—

‘‘(A) the methods and criteria the State educational

agency will use to review applications and award funds

to local educational agencies on a competitive basis; and

‘‘(B) how the State educational agency will notify

eligible local educational agencies of the grant competition;

and

‘‘(3) a description of how the State educational agency

will provide technical assistance to eligible local educational

agencies to help such agencies implement the activities

described in section 5222.’’;

(7) in section 5224—

(A) by striking the section heading and all that follows

through ‘‘Each’’ and inserting the following: ‘‘

REPORT

.—

Each’’;

(B) by striking subsections (b) through (e);

‘‘or specially qualified agency’’ after ‘‘Each State educational

agency’’;

(D) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) if the report is submitted by a State educational agency,

the method the State educational agency used to award grants

to eligible local educational agencies, and to provide assistance

to schools, under this subpart;’’; and

(E) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) the degree to which progress has been made toward

meeting the objectives and outcomes described in the applica-

tion submitted under section 5223, including having all stu-

dents in the State or the area served by the specially qualified

agency, as applicable, meet the challenging State academic

standards.’’;

(8) by inserting after section 5224 the following:

‘‘SEC. 5225. CHOICE OF PARTICIPATION.

‘‘(a) I

ENERAL

.—If a local educational agency is eligible for

funding under both this subpart and subpart 1, such local edu-

cational agency may receive funds under either this subpart or

subpart 1 for a fiscal year, but may not receive funds under both

subparts for such fiscal year.

20 USC 7351d.

20 USC 7351c.

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129 STAT. 2045 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) N

OTIFICATION

.—A local educational agency eligible for

funding under both this subpart and subpart 1 shall notify the

Secretary and the State educational agency under which of such

subparts the local educational agency intends to receive funds for

a fiscal year by a date that is established by the Secretary for

the notification.’’; and

(9) in section 5234, by striking ‘‘$300,000,000 for fiscal

year 2002 and such sums as may be necessary for each of

the 5 succeeding fiscal years,’’ and inserting ‘‘$169,840,000 for

each of the fiscal years 2017 through 2020,’’.

SEC. 5004. GENERAL PROVISIONS.

Part C of title V, as redesignated by section 5001 of this

Act, is amended to read as follows:

‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘Nothing in this title shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or

control a State, local educational agency, or school’s specific instruc-

tional content, academic standards and assessments, curriculum,

or program of instruction, as a condition of eligibility to receive

funds under this Act.

‘‘SEC. 5302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.’’.

SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGEN-

CIES.

(a) R

EVIEW AND

EPORT

.—Not later than 18 months after the

date of enactment of this Act, the Secretary of Education shall—

(1) review the organization, structure, and process and

procedures of the Department of Education for administering

its programs and developing policy and regulations, in order

to—

(A) assess the methods and manner through which,

and the extent to which, the Department of Education

takes into account, considers input from, and addresses

the unique needs and characteristics of rural schools and

rural local educational agencies; and

(B) determine actions that the Department of Edu-

cation can take to meaningfully increase the consideration

and participation of rural schools and rural local edu-

cational agencies in the development and execution of the

processes, procedures, policies, and regulations of the

Department of Education;

(2) make public a preliminary report containing the

information described in paragraph (1) and provide Congress

and the public with 60 days to comment on the proposed

actions described in paragraph (1)(B); and

(3) issue a final report to the Committee on Health, Edu-

cation, Labor, and Pensions of the Senate, and the Committee

on Education and the Workforce of the House of Representa-

tives, which shall describe the final actions developed pursuant

20 USC 7341a

note.

20 USC 7372.

20 USC 7371.

20 USC 7355c.

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129 STAT. 2046 PUBLIC LAW 114–95—DEC. 10, 2015

to paragraph (1)(B) after taking into account the comments

submitted under paragraph (2).

(b) I

MPLEMENTATION

.—Not later than 2 years after the date

of enactment of this Act, the Secretary of Education shall—

(1) carry out each action described in the report under

subsection (a)(3); or

(2) in a case in which an action is not carried out, provide

a written explanation to the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on Edu-

cation and the Workforce of the House of Representatives of

why the action was not carried out.

TITLE VI—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

SEC. 6001. CONFORMING AMENDMENTS.

(a) R

EDESIGNATION OF

ITLE

.—Title VII (20 U.S.C. 7401 et

seq.) is redesignated as title VI.

(b) R

EDESIGNATIONS AND

ONFORMING

MENDMENTS

.—The Act

(20 U.S.C. 6301 et seq.) is amended—

(1) by redesignating sections 7101, 7102, 7111, 7112, 7113,

7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132,

7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152,

7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303,

7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112,

6113, 6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131,

6132, 6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151,

6152, 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302,

6303, 6304, 6305, and 6306, respectively;

(2) in section 6112 (as so redesignated), in subsection (b)(1),

by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’;

(3) in section 6113 (as so redesignated)—

(A) in subsection (a)(1)(A), is amended by striking ‘‘sec-

tion 7117’’ and inserting ‘‘section 6117’’;

(B) in subsection (b)(1), by striking ‘‘section 7112’’ and

inserting ‘‘section 6112’’;

(i) by striking ‘‘section 7114’’ the first place it

appears and inserting ‘‘section 6114’’; and

(ii) by striking ‘‘section 7114(c)(4), section 7118(c),

or section 7119’’ and inserting ‘‘section 6114(c)(4), sec-

tion 6118(c), or section 6119’’; and

(D) in subsection (e), by striking ‘‘section 7152(a)’’ and

inserting ‘‘6152(a)’’;

(4) in section 6114 (as so redesignated)—

(A) in subsection (b)(4), by striking ‘‘section 7115’’ and

inserting ‘‘section 6115’’; and

(B) in subsection (c)(4)(D), by striking ‘‘section 7115(c)’’

and inserting ‘‘section 6115(c)’’;

(5) in section 6115 (as so redesignated)—

(A) in subsection (a)—

(i) in the matter preceding paragraph (1), by

striking ‘‘section 7111’’ and inserting ‘‘section 6111’’;

and

(ii) in paragraph (1), by striking ‘‘section 7114(a)’’

and inserting ‘‘section 6114(a)’’; and

20 USC 7425.

20 USC 7424.

20 USC 7423.

20 USC 7422.

20 USC 7401,

7402, 7421–7429,

7441, 7442,

7451–7456,

7471–7474, 7491,

7492, 7511–7517,

7541–7546.

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129 STAT. 2047 PUBLIC LAW 114–95—DEC. 10, 2015

(B) in subsection (c)—

(i) in paragraph (1), by striking ‘‘section 7114(c)(4)’’

and inserting ‘‘section 6114(c)(4)’’; and

(ii) in paragraph (2), by striking ‘‘section 7111’’

and inserting ‘‘section 6111’’;

(6) in section 6116 (as so redesignated), in subsection (d)(9),

by striking ‘‘section 7114(c)(4)’’ and inserting ‘‘section

6114(c)(4)’’;

(7) in section 6117 (as so redesignated)—

(A) in subsection (b)(1)(A)(i), by striking ‘‘section 7151’’

and inserting ‘‘section 6151’’;

(B) in subsection (c), by striking ‘‘section 7151’’ and

inserting ‘‘section 6151’’;

inserting ‘‘section 6113’’; and

(D) in subsection (h)(1), by striking ‘‘section 7114’’ and

inserting ‘‘section 6114’’;

(8) in section 6118 (as so redesignated), in subsection (a),

by striking ‘‘section 7113’’ and inserting ‘‘section 6113’’;

(9) in section 6119 (as so redesignated), by striking ‘‘section

7114’’ and inserting ‘‘section 6114’’; and

(10) in section 6205 (as so redesignated), in subsection

(c)—

(A) in paragraph (1), by striking ‘‘section 7204’’ and

inserting ‘‘section 6204’’; and

(B) in paragraph (2), by striking ‘‘section 7204’’ and

inserting ‘‘section 6204’’.

SEC. 6002. INDIAN EDUCATION.

(a) S

TATEMENT OF

OLICY

.—Section 6101 (20 U.S.C. 7401) (as

redesignated by section 6001) is amended by adding at the end

the following: ‘‘It is further the policy of the United States to

ensure that Indian children do not attend school in buildings that

are dilapidated or deteriorating, which may negatively affect the

academic success of such children.’’.

(b) P

URPOSE

.—Section 6102 (20 U.S.C. 7402) (as redesignated

by section 6001) is amended to read as follows:

‘‘SEC. 6102. PURPOSE.

‘‘It is the purpose of this part to support the efforts of local

educational agencies, Indian tribes and organizations, postsec-

ondary institutions, and other entities—

‘‘(1) to meet the unique educational and culturally related

academic needs of Indian students, so that such students can

meet the challenging State academic standards;

‘‘(2) to ensure that Indian students gain knowledge and

understanding of Native communities, languages, tribal his-

tories, traditions, and cultures; and

‘‘(3) to ensure that teachers, principals, other school leaders,

and other staff who serve Indian students have the ability

to provide culturally appropriate and effective instruction and

supports to such students.’’.

URPOSE

.—Section 6111 (20 U.S.C. 7421) (as redesignated

by section 6001) is amended to read as follows:

‘‘SEC. 6111. PURPOSE.

‘‘It is the purpose of this subpart to support the efforts of

local educational agencies, Indian tribes and organizations, and

20 USC 7515.

20 USC 7429.

20 USC 7428.

20 USC 7427.

20 USC 7426.

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129 STAT. 2048 PUBLIC LAW 114–95—DEC. 10, 2015

other entities in developing elementary school and secondary school

programs for Indian students that are designed to—

‘‘(1) meet the unique cultural, language, and educational

needs of such students; and

‘‘(2) ensure that all students meet the challenging State

academic standards.’’.

(d) G

RANTS TO

OCAL

DUCATIONAL

GENCIES AND

RIBES

.—

Section 6112 (20 U.S.C. 7422) (as redesignated by section 6001)

is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) I

ENERAL

.—The Secretary may make grants, from alloca-

tions made under section 6113, and in accordance with this section

and section 6113, to—

‘‘(1) local educational agencies;

‘‘(2) Indian tribes, as provided under subsection (c)(1);

‘‘(3) Indian organizations, as provided under subsection

(c)(1);

‘‘(4) consortia of 2 or more local educational agencies, Indian

tribes, Indian organizations, or Indian community-based

organizations, if each local educational agency participating

in such a consortium, if applicable—

‘‘(A) provides 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) is subject to all the requirements, assurances,

and obligations applicable to local educational agencies

under this subpart; and

‘‘(5) Indian community-based organizations, as provided

under subsection (d)(1).’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘A local educational

agency shall’’ and inserting ‘‘Subject to paragraph (2), a

local educational agency shall’’;

(B) by redesignating paragraph (2) as paragraph (3);

and

‘‘(2) C

OOPERATIVE AGREEMENTS

.—A local educational

agency may enter into a cooperative agreement with an Indian

tribe under this subpart if such Indian tribe—

‘‘(A) represents not less than 25 percent of the eligible

Indian children who are served by such local educational

agency; and

‘‘(B) requests that the local educational agency enter

into a cooperative agreement under this subpart.’’; and

(3) by striking subsection (c) and inserting the following:

‘‘(c) I

NDIAN

RIBES AND

NDIAN

RGANIZATIONS

.—

‘‘(1) I

N GENERAL

.—If a local educational agency that is

otherwise eligible for a grant under this subpart does not

establish a committee under section 6114(c)(4) 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) S

PECIAL RULE

.—

‘‘(A) I

N GENERAL

.—The Secretary shall treat each

Indian tribe, Indian organization, or consortium of such

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129 STAT. 2049 PUBLIC LAW 114–95—DEC. 10, 2015

entities applying for a grant pursuant to paragraph (1)

as if such tribe, Indian organization, or consortium were

a local educational agency for purposes of this subpart.

‘‘(B) E

XCEPTIONS

.—Notwithstanding subparagraph (A),

such Indian tribe, Indian organization, or consortium shall

not be subject to the requirements of subsections (b)(7)

or (c)(4) of section 6114 or section 6118(c) or 6119.

‘‘(3) A

SSURANCE 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 6114, an

assurance that the entity will use the grant funds to provide

services to all Indian students served by the local educational

agency.

‘‘(d) I

NDIAN

OMMUNITY

BASED

RGANIZATION

.—

‘‘(1) I

N 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 in a particular community, an Indian

community-based organization serving the community of the

local educational agency may apply for such grant.

‘‘(2) A

PPLICABILITY OF SPECIAL RULE

.—The Secretary shall

apply the special rule in subsection (c)(2) to an Indian commu-

nity-based organization applying for a grant under paragraph

(1) in the same manner as such rule applies to an Indian

tribe, Indian organization, or consortium described in that sub-

section.

‘‘(3) D

EFINITION OF INDIAN COMMUNITY

BASED ORGANIZA

TION

.—In this subsection, the term ‘Indian community-based

organization’ means any organization that—

‘‘(A) is composed primarily of Indian parents, family

members, and community members, tribal government edu-

cation officials, and tribal members, from a specific commu-

nity;

‘‘(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 and administrative

capacity to manage the grant.’’.

(e) A

MOUNT OF

RANTS

.—Section 6113 (20 U.S.C. 7423) (as

redesignated by section 6001) is amended—

(1) in subsection (b)(1), by striking ‘‘Bureau of Indian

Affairs’’ and inserting ‘‘Bureau of Indian Education’’; and

(2) in subsection (d)—

(A) in the subsection heading, by striking ‘‘I

NDIAN

FFAIRS

’’ and inserting ‘‘I

NDIAN

DUCATION

’’; and

(B) in paragraph (1)(A)(i), by striking ‘‘Bureau of Indian

Affairs’’ and inserting ‘‘Bureau of Indian Education’’.

(f) A

PPLICATIONS

.—Section 6114 (20 U.S.C. 7424) (as redesig-

nated by section 6001) is amended—

(1) in subsection (a), by striking ‘‘Each local educational

agency’’ and inserting ‘‘Each entity described in section

6112(a)’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘American Indian

and Alaska Native’’ and inserting ‘‘Indian’’;

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129 STAT. 2050 PUBLIC LAW 114–95—DEC. 10, 2015

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘is consistent

with the State and local plans’’ and inserting ‘‘is con-

sistent with the State, tribal, and local plans’’; and

(ii) by striking subparagraph (B) and inserting

the following:

‘‘(B) includes program objectives and outcomes for activities

under this subpart that are based on the same challenging

State academic standards developed by the State under title

I for all students;’’;

lowing:

‘‘(3) explains how the grantee will use funds made available

under this subpart to supplement other Federal, State, and

local programs that meet the needs of Indian students;’’;

(D) in paragraph (5)(B), by striking ‘‘and’’ after the

semicolon;

(E) in paragraph (6)—

(i) in subparagraph (B)—

(I) in clause (i), by striking ‘‘and’’ after the

semicolon; and

(II) by adding at the end the following:

‘‘(iii) the Indian tribes whose children are served

by the local educational agency, consistent with section

444 of the General Education Provisions Act (20 U.S.C.

1232g) (commonly referred to as the ‘Family Edu-

cational Rights and Privacy Act of 1974’); and’’; and

(ii) in subparagraph (C), by striking the period

at the end and inserting ‘‘; and’’; and

(F) by adding at the end the following:

‘‘(7) describes the process the local educational agency used

to meaningfully collaborate with Indian tribes located in the

community in a timely, active, and ongoing manner in the

development of the comprehensive program and the actions

taken as a result of such collaboration.’’;

(3) in subsection (c)—

(A) in paragraph (1), by striking ‘‘for the education

of Indian children,’’ and inserting ‘‘for services described

in this subsection,’’;

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘and’’ after

the semicolon;

(ii) in subparagraph (B), by striking ‘‘served by

such agency;’’ and inserting ‘‘served by such agency,

and meet program objectives and outcomes for activi-

ties under this subpart; and’’; and

(iii) by adding at the end the following:

‘‘(C) determine the extent to which such activities by

the local educational agency address the unique cultural,

language, and educational needs of Indian students;’’;

(i) in subparagraph (A), by striking ‘‘American

Indian and Alaska Native’’ and inserting ‘‘Indian’’; and

(ii) in subparagraph (C)—

(I) by inserting ‘‘representatives of Indian

tribes on Indian lands located within 50 miles

of any school that the agency will serve if such

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129 STAT. 2051 PUBLIC LAW 114–95—DEC. 10, 2015

tribes have any children in such school, Indian

organizations,’’ after ‘‘parents of Indian children

and teachers,’’; and

(II) by striking ‘‘and’’ after the semicolon;

(D) in paragraph (4)—

(i) in subparagraph (A)—

(I) in clause (i), by inserting ‘‘and family mem-

bers’’ after ‘‘parents’’;

(II) by redesignating clauses (ii) and (iii) as

clauses (iii) and (iv), respectively; and

(III) by inserting after clause (i) the following:

‘‘(ii) representatives of Indian tribes on Indian

lands located within 50 miles of any school that the

agency will serve if such tribes have any children in

such school;’’;

(ii) by striking subparagraph (B) and inserting

the following:

‘‘(B) a majority of whose members are parents and

family members of Indian children;’’;

(iii) by striking subparagraph (C);

(iv) by redesignating subparagraphs (D) and (E)

as subparagraphs (C) and (D), respectively; and

(v) in subparagraph (C) (as redesignated by clause

(iv))—

(I) in clause (i), by striking ‘‘and’’ after the

semicolon;

(II) in clause (ii), by striking ‘‘American Indian

and Alaska Native’’ and inserting ‘‘Indian’’; and

(III) by adding at the end the following:

‘‘(iii) determined that the program will directly

enhance the educational experience of Indian students;

and’’; and

(vi) in subparagraph (D), as redesignated by clause

(iv), by striking the period at the end and inserting

a semicolon; and

(E) by adding at the end the following:

‘‘(5) the local educational agency will coordinate activities

under this title with other Federal programs supporting edu-

cational and related services administered by such agency;

‘‘(6) the local educational agency conducted outreach to

parents and family members to meet the requirements under

this paragraph;

‘‘(7) the local educational agency will use funds received

under this subpart only for activities described and authorized

in this subpart; and

‘‘(8) the local educational agency has set forth such policies

and procedures, including policies and procedures relating to

the hiring of personnel, as will ensure that the program for

which assistance is sought will be operated and evaluated in

consultation with, and with the involvement of, parents and

family members of the children, and representatives of the

area, to be served.’’; and

(4) by adding at the end the following:

‘‘(d) T

ECHNICAL

SSISTANCE

.—The Secretary shall, directly or

by contract, provide technical assistance to a local educational

agency or Bureau of Indian Education school upon request (in

addition to any technical assistance available under other provisions

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129 STAT. 2052 PUBLIC LAW 114–95—DEC. 10, 2015

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,

including identifying eligible entities that have not applied

for such grants and undertaking appropriate activities to

encourage such entities to apply for grants 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.’’.

(g) A

UTHORIZED

ERVICES AND

CTIVITIES

.—Section 6115 (20

U.S.C. 7425) (as redesignated by section 6001) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting ‘‘solely for the serv-

ices and activities described in such application’’ before

the semicolon; and

(B) in paragraph (2), by striking ‘‘with special regard

for’’ and inserting ‘‘to be responsive to’’;

(2) by striking subsection (b) and inserting the following:

‘‘(b) P

ARTICULAR

CTIVITIES

.—The services and activities

referred to in subsection (a) may include—

‘‘(1) activities that support Native American language pro-

grams and Native American language restoration programs,

which may be taught by traditional leaders;

‘‘(2) culturally related activities that support the program

described in the application submitted by the local educational

agency;

‘‘(3) early childhood and family programs that emphasize

school readiness;

‘‘(4) enrichment programs that focus on problem solving

and cognitive skills development and directly support the

attainment of challenging State academic standards;

‘‘(5) integrated educational services in combination with

other programs that meet the needs of Indian children and

their families, including programs that promote parental

involvement in school activities and increase student achieve-

ment;

‘‘(6) career preparation activities to enable Indian students

to participate in programs such as the programs supported

by the Carl D. Perkins Career and Technical Education Act

of 2006 (20 U.S.C. 2301 et seq.), including programs for tech-

prep education, mentoring, and apprenticeship;

‘‘(7) activities to educate individuals so as to prevent

violence, suicide, and substance abuse;

‘‘(8) the acquisition of equipment, but only if the acquisition

of the equipment is essential to achieve the purpose described

in section 6111;

‘‘(9) activities that promote the incorporation of culturally

responsive teaching and learning strategies into the educational

program of the local educational agency;

‘‘(10) family literacy services;

‘‘(11) activities that recognize and support the unique cul-

tural and educational needs of Indian children, and incorporate

appropriately qualified tribal elders and seniors;

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129 STAT. 2053 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(12) dropout prevention strategies for Indian students;

and

‘‘(13) strategies to meet the educational needs of at-risk

Indian students in correctional facilities, including such strate-

gies that support Indian students who are transitioning from

such facilities to schools served by local educational agencies.’’;

(3) in subsection (c)—

(A) in paragraph (1), by striking ‘‘and’’ after the semi-

colon;

(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(3) the local educational agency identifies in its 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) L

IMITATION ON THE

SE OF

UNDS

.—Funds provided to

a grantee under this subpart may not be used for long-distance

travel expenses for training activities that are available locally

or regionally.’’.

(h) I

NTEGRATION OF

ERVICES

UTHORIZED

.—Section 6116 (20

U.S.C. 7426) (as redesignated by section 6001) is amended—

(1) in subsection (g), in the matter preceding paragraph

(1)—

(A) by striking ‘‘No Child Left Behind Act of 2001’’

and inserting ‘‘Every Student Succeeds Act’’;

(B) by inserting ‘‘the Secretary of Health and Human

Services,’’ after ‘‘the Secretary of the Interior,’’; and

for the implementation’’; and

(2) in subsection (o)—

(A) in paragraph (1), by striking ‘‘the No Child Left

Behind Act of 2001’’ and inserting ‘‘the Every Student

Succeeds Act’’; and

(B) in paragraph (2)—

(i) by striking ‘‘the No Child Left Behind Act of

2001’’ and inserting ‘‘the Every Student Succeeds Act’’;

and

(ii) by striking the second sentence.

(i) S

TUDENT

LIGIBILITY

ORMS

.—Section 6117 (20 U.S.C. 7427)

(as redesignated by section 6001) is amended—

(1) in subsection (a), by adding at the end the following:

‘‘All individual data collected shall be protected by the local

educational agencies and only aggregated data shall be reported

to the Secretary.’’;

(2) by striking subsection (d);

(3) by redesignating subsections (e), (f), (g), and (h), as

subsections (d), (e), (f), and (g), respectively;

(4) by striking subsection (d), as redesignated by paragraph

(4), and inserting the following:

‘‘(d) D

OCUMENTATION AND

YPES OF

ROOF

.—

‘‘(1) T

YPES 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 6113,

the membership of the child, or any parent or grandparent

of the child, in a tribe or band of Indians (as so defined)

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129 STAT. 2054 PUBLIC LAW 114–95—DEC. 10, 2015

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) N

O NEW OR DUPLICATIVE DETERMINATIONS

.—Once a

child is determined to be an Indian eligible to be counted

for such grant award, the local educational agency shall main-

tain 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) P

REVIOUSLY FILED FORMS

.—An Indian student eligi-

bility form that was on file as required by this section on

the day before the date of enactment of the Every Student

Succeeds Act and that met the requirements of this section,

as this section was in effect on the day before the date of

the enactment of such Act, shall remain valid for such Indian

student.’’;

(5) in subsection (f), as redesignated by paragraph (4),

by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau

of Indian Education’’; and

(6) in subsection (g), as redesignated by paragraph (4),

by striking ‘‘subsection (g)(1)’’ and inserting ‘‘subsection (f)(1)’’.

(j) P

AYMENTS

.—Section 6118 (20 U.S.C. 7428) (as redesignated

by section 6001) is amended, by striking subsection (c) and inserting

the following:

‘‘(c) R

EDUCTION OF

AYMENT FOR

AILURE

AINTAIN

ISCAL

FFORT

.—Each local educational agency shall maintain fiscal effort

in accordance with section 8521 or be subject to reduced payments

under this subpart in accordance with such section 8521.’’.

(k) I

MPROVEMENT OF

DUCATIONAL

PPORTUNITIES FOR

NDIAN

HILDREN AND

OUTH

.—Section 6121 (20 U.S.C. 7441) (as redesig-

nated by section 6001) is amended—

(1) by striking the section header and inserting the fol-

lowing:

‘‘SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

INDIAN CHILDREN AND YOUTH.’’;

(2) in subsection (a)—

(A) in paragraph (1), by inserting ‘‘and youth’’ after

‘‘Indian children’’; and

(B) in paragraph (2)(B), by striking ‘‘American Indian

and Alaska Native children’’ and inserting ‘‘Indian children

and youth’’;

(3) in subsection (b), by striking ‘‘Indian institution

(including an Indian institution of higher education)’’ and

inserting ‘‘a Tribal College or University (as defined in section

316(b) of the Higher Education Act of 1965 (20 U.S.C.

1059c(b)))’’;

(4) by striking subsection (c) and inserting the following:

‘‘(c) G

RANTS

UTHORIZED

.—The Secretary shall award grants

to eligible entities to enable such entities to carry out activities

that meet the purpose of this section, including—

‘‘(1) innovative programs related to the educational needs

of educationally disadvantaged Indian children and youth;

‘‘(2) educational services that are not available to such

children and youth in sufficient quantity or quality, including

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129 STAT. 2055 PUBLIC LAW 114–95—DEC. 10, 2015

remedial instruction, to raise the achievement of Indian chil-

dren in one or more of the subjects of English, mathematics,

science, foreign languages, art, history, and geography;

‘‘(3) bilingual and bicultural programs and projects;

‘‘(4) special health and nutrition services, and other related

activities, that address the special health, social, and psycho-

logical problems of Indian children and youth;

‘‘(5) special compensatory and other programs and projects

designed to assist and encourage Indian children and youth

to enter, remain in, or reenter school, and to increase the

rate of high school graduation for Indian children and youth;

‘‘(6) comprehensive guidance, counseling, and testing serv-

ices;

‘‘(7) early childhood education programs that are effective

in preparing young children to make sufficient academic growth

by the end of grade 3, including kindergarten and pre-kinder-

garten programs, family-based preschool programs that empha-

size school readiness, screening and referral, and the provision

of services to Indian children and youth with disabilities;

‘‘(8) partnership projects between local educational agencies

and institutions of higher education that allow secondary school

students to enroll in courses at the postsecondary level to

aid such students in the transition from secondary to postsec-

ondary education;

‘‘(9) partnership projects between schools and local

businesses for career preparation programs designed to provide

Indian youth with the knowledge and skills such youth need

to make an effective transition from school to a high-skill

career;

‘‘(10) programs designed to encourage and assist Indian

students to work toward, and gain entrance into, institutions

of higher education;

‘‘(11) family literacy services;

‘‘(12) activities that recognize and support the unique cul-

tural and educational needs of Indian children and youth, and

incorporate traditional leaders;

‘‘(13) high-quality professional development of teaching

professionals and paraprofessionals; or

‘‘(14) other services that meet the purpose described in

this section.’’; and

(5) 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’’ and inserting ‘‘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’’; and

(B) in paragraph (3)(B)—

(i) in clause (i), by striking ‘‘parents of Indian

children’’ and inserting ‘‘parents and family of Indian

children’’; and

(ii) in clause (iii), by striking ‘‘information dem-

onstrating that the proposed program for the activities

is a scientifically based research program’’ and

inserting ‘‘information demonstrating that the proposed

program is an evidence-based program’’.

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129 STAT. 2056 PUBLIC LAW 114–95—DEC. 10, 2015

(l) P

ROFESSIONAL

EVELOPMENT FOR

EACHERS AND

DUCATION

ROFESSIONALS

.—Section 6122 (20 U.S.C. 7442) (as redesignated

by section 6001) is amended—

(1) in subsection (a)—

(A) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) to increase the number of qualified Indian teachers

and administrators serving Indian students;’’;

(B) by striking paragraph (2) and inserting the fol-

lowing:

‘‘(2) to provide pre- and in-service training and support

to qualified Indian individuals to enable such individuals to

become effective teachers, principals, other school leaders,

administrators, paraprofessionals, counselors, social workers,

and specialized instructional support personnel;’’;

end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(4) to develop and implement initiatives to promote reten-

tion of effective teachers, principals, and school leaders who

have a record of success in helping low-achieving Indian stu-

dents improve their academic achievement, outcomes, and

preparation for postsecondary education or employment.’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘including an Indian

institution of higher education’’ and inserting ‘‘including

a Tribal College or University, as defined in section 316(b)

of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))’’;

and

(B) in paragraph (4), by inserting ‘‘in a consortium

with at least one Tribal College or University, as defined

in section 316(b) of the Higher Education Act of 1965

(20 U.S.C. 1059c(b)), where feasible’’ before the period at

the end;

(3) in subsection (d)(1)—

(A) in the first sentence, by striking ‘‘purposes’’ and

inserting ‘‘purpose’’; and

(B) by striking the second sentence and inserting ‘‘Such

activities may include—

‘‘(A) continuing education programs, symposia, work-

shops, and conferences;

‘‘(B) teacher mentoring programs, professional guid-

ance, and instructional support provided by educators, local

traditional leaders, or cultural experts, as appropriate for

teachers during their first 3 years of employment as

teachers;

‘‘(C) direct financial support; and

‘‘(D) programs designed to train traditional leaders

and cultural experts to assist those personnel referenced

in subsection (a)(2), as appropriate, with relevant Native

language and cultural mentoring, guidance, and support.’’;

and

(4) by striking subsection (e) and inserting the following:

‘‘(e) A

PPLICATION

.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time and in such manner as the Secretary may reasonably require.

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129 STAT. 2057 PUBLIC LAW 114–95—DEC. 10, 2015

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,

principals, or school leaders;

‘‘(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).’’;

(5) in subsection (f)—

(A) by redesignating paragraphs (1) and (2) as para-

graphs (2) and (3), respectively;

(B) by inserting before paragraph (2), as redesignated

by subparagraph (A), the following:

‘‘(1) may give priority to Tribal Colleges and Universities;’’;

and

(A), by striking ‘‘basis of’’ and all that follows through

the period at the end and inserting ‘‘basis of the length

of any period for which the eligible entity has received

a grant.’’;

(6) by striking subsection (g) and inserting the following:

‘‘(g) G

RANT

ERIOD

.—The Secretary shall award grants under

this section for an initial period of not more than 3 years, and

may renew such grants for an additional period of not more than

2 years if the Secretary finds that the grantee is achieving the

objectives of the grant.’’; and

(7) in subsection (h)(1)(A)(ii), by striking ‘‘people’’ and

inserting ‘‘students in a local educational agency that serves

a high proportion of Indian students’’.

(m) N

ATIONAL

ESEARCH

CTIVITIES

.—Section 6131 (20 U.S.C.

7451) (as redesignated by section 6001) is amended—

(1) in subsection (a), by striking ‘‘under section 7152(b)’’

and inserting ‘‘to carry out this subpart’’; and

(2) in subsection (c)(2), by inserting ‘‘, the Bureau of Indian

Education,’’ after ‘‘Office of Indian Education Programs’’.

(n) I

SERVICE

RAINING FOR

EACHERS OF

NDIAN

HILDREN

;

ELLOWSHIPS FOR

NDIAN

TUDENTS

; G

IFTED AND

ALENTED

NDIAN

TUDENTS

.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by

section 6001) is amended—

(1) by striking sections 6132, 6133, and 6134 (as redesig-

nated by section 6001); and

(2) by redesignating section 6135 (as redesignated by sec-

tion 6001) as section 6132.

(o) N

ATIVE

MERICAN

ANGUAGE

.—Title VI (20 U.S.C. 7401

et seq.) (as redesignated by section 6001) is amended by inserting

after section 6132 (as redesignated by subsection (n)(2)) the fol-

lowing:

‘‘SEC. 6133. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE

IMMERSION SCHOOLS AND PROGRAMS.

‘‘(a) P

URPOSES

.—The purposes of this section are—

‘‘(1) to establish a grant program to support schools that

use Native American and Alaska Native languages as the pri-

mary language of instruction;

20 USC 7453.

20 USC 7455,

7452.

20 USC

7452–7454.

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129 STAT. 2058 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) to maintain, protect, and promote the rights and

freedom of Native Americans and Alaska Natives to use, prac-

tice, maintain, and revitalize their languages, as envisioned

in the Native American Languages Act (25 U.S.C. 2901 et

seq.); and

‘‘(3) to support the Nation’s First Peoples’ efforts to main-

tain and revitalize their languages and cultures, and to improve

educational opportunities and student outcomes within Native

American and Alaska Native communities.

‘‘(b) P

ROGRAM

UTHORIZED

.—

‘‘(1) I

N GENERAL

.—From funds reserved under section

6152(c), the Secretary shall reserve 20 percent to make grants

to eligible entities to develop and maintain, or to improve

and expand, programs that support schools, including

elementary school and secondary school education sites and

streams, using Native American and Alaska Native languages

as the primary languages of instruction.

‘‘(2) E

LIGIBLE ENTITIES

.—In this subsection, the term

‘eligible entity’ means any of the following entities that has

a plan to develop and maintain, or to improve and expand,

programs that support the entity’s use of a Native American

or Alaska Native language as the primary language of instruc-

tion in elementary schools or secondary schools, or both:

‘‘(A) An Indian tribe.

‘‘(B) A Tribal College or University (as defined in sec-

tion 316 of the Higher Education Act of 1965 (20 U.S.C.

1059c)).

‘‘(C) A tribal education agency.

‘‘(D) A local educational agency, including a public

charter school that is a local educational agency under

State law.

‘‘(E) A school operated by the Bureau of Indian Edu-

cation.

‘‘(F) An Alaska Native Regional Corporation (as

described in section 3(g) of the Alaska Native Claims Settle-

ment Act (43 U.S.C. 1602(g))).

‘‘(G) A private, tribal, or Alaska Native nonprofit

organization.

‘‘(H) A nontribal for-profit organization.

‘‘(c) A

PPLICATION

.—

‘‘(1) I

N GENERAL

.—An eligible entity that desires 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, including the following:

‘‘(A) The name of the Native American or Alaska Native

language to be used for instruction at the school supported

by the eligible entity.

‘‘(B) The number of students attending such school.

‘‘(C) The number of hours of instruction in or through

1 or more Native American or Alaska Native languages

being provided to targeted students at such school, if any.

‘‘(D) A description of how the eligible entity will—

‘‘(i) use the funds provided to meet the purposes

of this section;

‘‘(ii) implement the activities described in sub-

section (e);

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129 STAT. 2059 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(iii) ensure the implementation of rigorous aca-

demic content; and

‘‘(iv) ensure that students progress toward high-

level fluency goals.

‘‘(E) Information regarding the school’s organizational

governance or affiliations, including information about—

‘‘(i) the school governing entity (such as a local

educational agency, tribal education agency or depart-

ment, charter organization, private organization, or

other governing entity);

‘‘(ii) the school’s accreditation status;

‘‘(iii) any partnerships with institutions of higher

education; and

‘‘(iv) any indigenous language schooling and

research cooperatives.

‘‘(F) An assurance that—

‘‘(i) the school is engaged in meeting State or trib-

ally designated long-term goals for students, as may

be required by applicable Federal, State, or tribal law;

‘‘(ii) the school provides assessments of students

using the Native American or Alaska Native language

of instruction, where possible;

‘‘(iii) the qualifications of all instructional and

leadership personnel at such school is sufficient to

deliver high-quality education through the Native

American or Alaska Native language used in the

school; and

‘‘(iv) the school will collect and report to the public

data relative to student achievement and, if appro-

priate, rates of high school graduation, career readi-

ness, and enrollment in postsecondary education or

workforce development programs, of students who are

enrolled in the school’s programs.

‘‘(2) L

IMITATION

.—The Secretary shall not give a priority

in awarding grants under this section based on the information

described in paragraph (1)(E).

‘‘(3) S

UBMISSION OF CERTIFICATION

.—

‘‘(A) I

N GENERAL

.—An eligible entity that is a public

elementary school or secondary school (including a public

charter school or a school operated by the Bureau of Indian

Education) or a nontribal for-profit or nonprofit organiza-

tion shall submit, along with the application requirements

described in paragraph (1), a certification described in

subparagraph (B) indicating that—

‘‘(i) the school or organization has the capacity

to provide education primarily through a Native Amer-

ican or an Alaska Native language; and

‘‘(ii) there are sufficient speakers of the target

language at the school or available to be hired by

the school or organization.

‘‘(B) C

ERTIFICATION

.—The certification described in

subparagraph (A) shall be from one of the following entities,

on whose land the school or program is located, that is

an entity served by such school, or that is an entity whose

members (as defined by that entity) are served by the

school:

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129 STAT. 2060 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) A Tribal College or University (as defined in

section 316 of the Higher Education Act of 1965 (20

U.S.C. 1059c)).

‘‘(ii) A Federally recognized Indian tribe or tribal

organization.

‘‘(iii) An Alaska Native Regional Corporation or

an Alaska Native nonprofit organization.

‘‘(iv) A Native Hawaiian organization.

‘‘(d) A

WARDING OF

RANTS

.—In awarding grants under this

section, the Secretary shall—

‘‘(1) determine the amount of each grant and the duration

of each grant, which shall not exceed 3 years; and

‘‘(2) ensure, to the maximum extent feasible, that diversity

in languages is represented.

‘‘(e) A

CTIVITIES

UTHORIZED

.—

‘‘(1) R

EQUIRED ACTIVITIES

.—An eligible entity that receives

a grant under this section shall use such funds to carry out

the following activities:

‘‘(A) Supporting Native American or Alaska Native lan-

guage education and development.

‘‘(B) Providing professional development for teachers

and, as appropriate, staff and administrators to strengthen

the overall language and academic goals of the school that

will be served by the grant program.

‘‘(2) A

LLOWABLE ACTIVITIES

.—An eligible entity that

receives a grant under this section may use such funds to

carry out the following activities:

‘‘(A) Developing or refining curriculum, including

teaching materials and activities, as appropriate.

‘‘(B) Creating or refining assessments written in the

Native American or Alaska Native language of instruction

that measure student proficiency and that are aligned with

State or tribal academic standards.

‘‘(C) Carrying out other activities that promote the

maintenance and revitalization of the Native American

or Alaska Native language relevant to the grant program.

‘‘(f) R

EPORT TO

ECRETARY

.—Each eligible entity that receives

a grant under this section shall prepare and submit an annual

report to the Secretary, which shall include—

‘‘(1) the activities the entity carried out to meet the pur-

poses of this section; and

‘‘(2) the number of children served by the program and

the number of instructional hours in the Native American

or Alaska Native language.

‘‘(g) A

DMINISTRATIVE

OSTS

.—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.’’.

(p) G

RANTS TO

RIBES FOR

DUCATION

DMINISTRATIVE

LAN

NING

, D

EVELOPMENT

AND

OORDINATION

.—Section 6132 (20 U.S.C.

7455) (as redesignated by subsection (n)) is amended to read as

follows:

‘‘SEC. 6132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE

PLANNING, DEVELOPMENT, AND COORDINATION.

‘‘(a) I

ENERAL

.—The Secretary may award grants under this

section to eligible applicants to enable the eligible applicants to—

‘‘(1) promote tribal self-determination in education;

20 USC 7452.

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129 STAT. 2061 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) improve the academic achievement of Indian children

and youth; and

‘‘(3) promote the coordination and collaboration of tribal

educational agencies with State educational agencies and local

educational agencies to meet the unique educational and cul-

turally related academic needs of Indian students.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE APPLICANT

.—In this section, the term ‘eligible

applicant’ means—

‘‘(A) an Indian tribe or tribal organization approved

by an Indian tribe; or

‘‘(B) a tribal educational agency.

‘‘(2) I

NDIAN TRIBE

.—The term ‘Indian tribe’ means a feder-

ally recognized tribe or a State-recognized tribe.

‘‘(3) T

RIBAL EDUCATIONAL AGENCY

.—The term ‘tribal edu-

cational agency’ means the agency, department, or instrumen-

tality of an Indian tribe that is primarily responsible for sup-

porting tribal students’ elementary and secondary education.

‘‘(c) G

RANT

ROGRAM

.—The Secretary may award grants to—

‘‘(1) eligible applicants described under subsection (b)(1)(A)

to plan and develop a tribal educational agency, if the tribe

or organization has no current tribal educational agency, for

a period of not more than 1 year; and

‘‘(2) eligible applicants described under subsection (b)(1)(B),

for a period of not more than 3 years, in order to—

‘‘(A) directly administer education programs, including

formula grant programs under this Act, consistent with

State law and under a written agreement between the

parties;

‘‘(B) build capacity to administer and coordinate such

education programs, and to improve the relationship and

coordination between such applicants and the State edu-

cational agencies and local educational agencies that edu-

cate students from the tribe;

‘‘(C) receive training and support from the State edu-

cational agency and local educational agency, in areas such

as data collection and analysis, grants management and

monitoring, fiscal accountability, and other areas as

needed;

‘‘(D) train and support the State educational agency

and local educational agency in areas related to tribal

history, language, or culture;

‘‘(E) build on existing activities or resources rather

than replacing other funds; and

‘‘(F) carry out other activities, consistent with the pur-

poses of this section.

‘‘(d) G

RANT

PPLICATION

.—

‘‘(1) I

N GENERAL

.—Each eligible applicant desiring a grant

under this section shall submit an application to the Secretary

at such time and in such manner as the Secretary may reason-

ably prescribe.

‘‘(2) C

ONTENTS

.—Each application described in paragraph

(1) shall contain—

‘‘(A) a statement describing the activities to be con-

ducted, and the objectives to be achieved, under the grant;

‘‘(B) a description of the method to be used for evalu-

ating the effectiveness of the activities for which assistance

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129 STAT. 2062 PUBLIC LAW 114–95—DEC. 10, 2015

is sought and for determining whether such objectives are

achieved; and

‘‘(C) for applications for activities under subsection

(c)(2), evidence of—

‘‘(i) a preliminary agreement with the appropriate

State educational agency, 1 or more local educational

agencies, or both the State educational agency and

a local educational agency; and

‘‘(ii) existing capacity as a tribal educational

agency.

‘‘(3) A

PPROVAL

.—The Secretary may approve an application

submitted by an eligible applicant under this subsection if

the application, including any documentation submitted with

the application—

‘‘(A) demonstrates that the eligible applicant has con-

sulted with other education entities, if any, within the

territorial jurisdiction of the applicant that will be affected

by the activities to be conducted under the grant;

‘‘(B) provides for consultation with such other education

entities in the operation and evaluation of the activities

conducted under the grant; and

‘‘(C) demonstrates that there will be adequate resources

provided under this section or from other sources to com-

plete the activities for which assistance is sought.

‘‘(e) R

ESTRICTIONS

.—

‘‘(1) I

N GENERAL

.—An Indian tribe may not receive funds

under this section if the tribe receives funds under section

1140 of the Education Amendments of 1978 (20 U.S.C. 2020).

‘‘(2) D

IRECT SERVICES

.—No funds under this section may

be used to provide direct services.

‘‘(f) S

UPPLEMENT

, N

UPPLANT

.—Funds under this section

shall be used to supplement, and not supplant, other Federal,

State, and local programs that meet the needs of tribal students.’’.

(q) I

MPROVEMENT OF

DUCATIONAL

PPORTUNITIES FOR

DULT

NDIANS

.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by

section 6001) is amended by striking section 6136.

(r) N

ATIONAL

DVISORY

OUNCIL ON

NDIAN

DUCATION

.—Sec-

tion 6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section

6001) is amended by inserting ‘‘and the Secretary of the Interior’’

after ‘‘advise the Secretary’’.

(s) D

EFINITIONS

.—Section 6151 (20 U.S.C. 7491) (as redesig-

nated by section 6001) is amended by adding at the end the fol-

lowing:

‘‘(4) T

RADITIONAL LEADERS

.—The term ‘traditional leaders’

has the meaning given the term in section 103 of the Native

American Languages Act (25 U.S.C. 2902).’’.

(t) A

UTHORIZATIONS OF

PPROPRIATIONS

.—Section 6152 (20

U.S.C. 7492) (as redesignated by section 6001) is amended—

(1) in subsection (a), by striking ‘‘$96,400,000 for fiscal

year 2002 and such sums as may be necessary for each of

the 5 succeeding fiscal years’’ and inserting ‘‘$100,381,000 for

fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392

for fiscal year 2019, and $106,525,120 for fiscal year 2020’’;

(2) in subsection (b)—

(A) in the subsection heading, by striking ‘‘S

UBPARTS

AND

3’’ and inserting ‘‘S

UBPART

2’’;

20 USC 7456.

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129 STAT. 2063 PUBLIC LAW 114–95—DEC. 10, 2015

(B) by striking ‘‘subparts 2 and 3’’ and inserting ‘‘sub-

part 2’’; and

such sums as may be necessary for each of the 5 succeeding

fiscal years’’ and inserting ‘‘$17,993,000 for each of fiscal

years 2017 through 2020’’; and

(3) by adding at the end the following:

‘‘(c) S

UBPART

3.—For the purpose of carrying out subpart 3,

there are authorized to be appropriated $5,565,000 for each of

fiscal years 2017 through 2020.’’.

SEC. 6003. NATIVE HAWAIIAN EDUCATION.

(a) F

INDINGS

.—Section 6202 (20 U.S.C. 7512) (as redesignated

by section 6001) is amended by striking paragraphs (14) through

(21).

(b) N

ATIVE

AWAIIAN

DUCATION

OUNCIL

.—Section 6204 (20

U.S.C. 7514) (as redesignated by section 6001) is amended to read

as follows:

‘‘SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL.

‘‘(a) G

RANT

UTHORIZED

.—In order to better effectuate the pur-

poses 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 the education council described

under subsection (b).

‘‘(b) E

DUCATION

OUNCIL

.—

‘‘(1) E

LIGIBILITY

.—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’) that

meets the requirements of this subsection.

‘‘(2) C

OMPOSITION

.—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 Kame-

hameha Schools (or a designee);

‘‘(G) 1 shall be the Chief Executive Officer of the Queen

Liliuokalani Trust (or a designee);

‘‘(H) 1 shall be appointed by the Secretary, in a timely

manner, and chosen from a list of 5 individuals who rep-

resent one or more private grant-making entities that is

submitted to the Secretary by the Education Council;

‘‘(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);

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129 STAT. 2064 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(L) 1 shall be appointed by the Secretary, in a timely

manner, and chosen from a list of 5 individuals who are

from the Island of Molokai or the Island of Lanai that

is submitted to the Secretary by the Mayor of Maui County;

‘‘(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 pri-

vate sector).

‘‘(3) R

EQUIREMENTS

.—Any designee serving on the Edu-

cation Council shall demonstrate, as determined by the indi-

vidual 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 educational or

cultural activities, with traditional cultural experience given

due consideration.

‘‘(4) L

IMITATION

.—A member (including a designee), while

serving on the Education Council, shall not be a direct recipient

or administrator of grant funds that are awarded under this

part.

‘‘(5) T

ERM OF MEMBERS

.—A member who is a designee

shall serve for a term of not more than 4 years.

‘‘(6) C

HAIR

;

VICE CHAIR

.—

‘‘(A) S

ELECTION

.—The Education Council shall select

a Chairperson and a Vice Chairperson from among the

members of the Education Council.

‘‘(B) T

ERM LIMITS

.—The Chairperson and Vice Chair-

person shall each serve for a 2-year term.

‘‘(7) A

DMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL

.—The Education Council shall meet at the call of

the Chairperson 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) N

O 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) U

SE OF

UNDS FOR

OORDINATION

CTIVITIES

.—The Edu-

cation Council shall use funds made available through a grant

under subsection (a) to carry out each of the following activities:

‘‘(1) Providing advice about the coordination of, 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 pro-

grams 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.

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129 STAT. 2065 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(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 exe-

cuting the duties and powers of the Education Council, as

described in subsection (d).

‘‘(d) U

SE OF

UNDS FOR

ECHNICAL

SSISTANCE

.—The Edu-

cation Council shall use funds made available through a grant

under subsection (a) 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 informa-

tion 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 paragraph (3) of section

6205(a) that are related to the specific goals and purposes

of each grantee’s grant project, using metrics related to

these goals and purposes;

‘‘(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 ses-

sion 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 stu-

dents to help such students meet challenging State

academic standards under section 1111(b)(1); and

‘‘(iv) priorities for funding in specific geographic

communities.

‘‘(e) U

SE OF

UNDS FOR

OMMUNITY

ONSULTATIONS

.—The Edu-

cation Council shall use funds made available through 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—

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129 STAT. 2066 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(1) not fewer 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) F

UNDING

.—For each fiscal year, the Secretary shall use

the amount described in section 6205(c)(2), to make a payment

under the grant. Funds made available through the grant shall

remain available until expended.’’.

ROGRAM

UTHORIZED

.—Section 6205 (20 U.S.C. 7515) (as

redesignated by section 6001) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (C), by striking ‘‘and’’ after

the semicolon;

(ii) by redesignating subparagraph (D) as subpara-

graph (E); and

(iii) by inserting after subparagraph (C) the fol-

lowing:

‘‘(D) charter schools; and’’;

(B) in paragraph (3)—

(i) in subparagraph (C)—

(I) by striking ‘‘third grade’’ and inserting

‘‘grade 3’’; and

(II) by striking ‘‘fifth and sixth grade’’ and

inserting ‘‘grades 5 and 6’’;

(ii) in subparagraph (D)(ii), by striking ‘‘of those

students’’ and inserting ‘‘of such students’’;

(iii) in subparagraph (E)(ii), by striking ‘‘students’

educational progress’’ and inserting ‘‘educational

progress of such students’’;

(iv) in subparagraph (G)(ii), by striking ‘‘concentra-

tions’’ and all that follows through ‘‘; and’’ and inserting

‘‘high concentrations of Native Hawaiian students to

meet the unique needs of such students; and’’; and

(v) in subparagraph (H)—

(I) in the matter preceding clause (i), by

striking ‘‘families’’ and inserting ‘‘students, par-

ents, families,’’;

(II) in clause (i), by striking ‘‘preschool pro-

grams’’ and inserting ‘‘early childhood education

programs’’;

(III) by striking clause (ii) and inserting the

following:

‘‘(ii) before, after, and summer school programs,

expanded learning time, or weekend academies;’’; and

(IV) in clause (iii), by striking ‘‘vocational and

adult education programs’’ and inserting ‘‘career

and technical education programs’’; and

(vi) by striking clauses (i) through (v) of subpara-

graph (I) and inserting the following:

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129 STAT. 2067 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) family literacy services; and

‘‘(ii) counseling, guidance, and support services for

students;’’; and

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘such sums as may

be necessary for fiscal year 2002 and each of the 5 suc-

ceeding fiscal years’’ and inserting ‘‘$32,397,000 for each

of fiscal years 2017 through 2020’’; and

(B) in paragraph (2), by striking ‘‘for fiscal year 2002

and each of the 5 succeeding fiscal years’’ and inserting

‘‘for each of fiscal years 2017 through 2020’’.

(d) D

EFINITIONS

.—Section 6207 (20 U.S.C. 7517) (as redesig-

nated by section 6001) is amended—

(1) by redesignating paragraphs (1) through (6) as para-

graphs (2) through (7), respectively; and

(2) by inserting before paragraph (2), as redesignated by

paragraph (1), the following:

‘‘(1) C

OMMUNITY CONSULTATION

.—The term ‘community

consultation’ means a public gathering—

‘‘(A) to discuss Native Hawaiian education concerns;

and

‘‘(B) about which the public has been given not less

than 30 days notice.’’.

SEC. 6004. ALASKA NATIVE EDUCATION.

(a) F

INDINGS

.—Section 6302 (20 U.S.C. 7542) (as redesignated

by section 6001) is amended by striking paragraphs (1) through

(7) and inserting the following:

‘‘(1) 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 pro-

grams and to support efforts developed by and undertaken

within the Alaska Native community to improve educational

opportunity for all students.

‘‘(2) Many Alaska Native children enter and exit school

with serious educational disadvantages.

‘‘(3) Overcoming the magnitude of the geographic chal-

lenges, 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 continue, including lower

graduation rates, increased school dropout rates, and lower

achievement scores on standardized tests.

‘‘(4) The preservation of Alaska Native cultures and lan-

guages and the integration of Alaska Native cultures and lan-

guages into education, positive identity development for Alaska

Native students, and local, place-based, and culture-based

programming are critical to the attainment of educational suc-

cess and the long-term well-being of Alaska Native students.

‘‘(5) Improving educational outcomes for Alaska Native stu-

dents increases access to employment opportunities.

‘‘(6) The Federal Government should lend support to efforts

developed by and undertaken within the Alaska Native commu-

nity to improve educational opportunity for Alaska Native stu-

dents. In 1983, pursuant to Public Law 98–63, Alaska ceased

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129 STAT. 2068 PUBLIC LAW 114–95—DEC. 10, 2015

to receive educational funding from the Bureau of Indian

Affairs. The Bureau of Indian Education does not operate any

schools in Alaska, nor operate or fund Alaska Native education

programs. The program under this part supports the Federal

trust responsibility of the United States to Alaska Natives.’’.

(b) P

URPOSES

.—Section 6303 (20 U.S.C. 7543) (as redesignated

by section 6001) is amended—

(1) in paragraph (1), by inserting ‘‘and address’’ after ‘‘To

recognize’’;

(2) by striking paragraph (3);

(3) by redesignating paragraphs (2) and (4) as paragraphs

(4) and (5), respectively;

(4) by inserting after paragraph (1) the following:

‘‘(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 cur-

riculum and programming.’’;

(5) in paragraph (4), as redesignated by paragraph (3),

by striking ‘‘of supplemental educational programs to benefit

Alaska Natives.’’ and inserting ‘‘, management, and expansion

of effective supplemental educational programs to benefit

Alaska Natives.’’; and

(6) by adding at the end the following:

‘‘(6) To ensure the maximum participation by Alaska Native

educators and leaders in the planning, development,

implementation, management, and evaluation of programs

designed to serve Alaska Native students.’’.

ROGRAM

UTHORIZED

.—Section 6304 (20 U.S.C. 7544) (as

redesignated by section 6001) is amended to read as follows:

‘‘SEC. 6304. PROGRAM AUTHORIZED.

‘‘(a) G

ENERAL

UTHORITY

.—

‘‘(1) G

RANTS AND CONTRACTS

.—The Secretary is authorized

to make grants to, or enter into contracts with—

‘‘(A) Alaska Native organizations with experience oper-

ating programs that fulfill the purposes of this part;

‘‘(B) Alaska Native organizations that do not have the

experience described in subparagraph (A) but are in part-

nership with—

‘‘(i) a State educational agency or a local edu-

cational agency; or

‘‘(ii) an Alaska Native organization that operates

a program that fulfills the purposes of this part;

‘‘(C) an entity located in Alaska, and predominately

governed by Alaska Natives, that does not meet the defini-

tion of an Alaska Native organization under this part but—

‘‘(i) has experience operating programs that fulfill

the purposes of this part; and

‘‘(ii) is granted an official charter or sanction, as

described in the definition of a tribal organization

under section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b), from at

least one Alaska Native tribe or Alaska Native

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129 STAT. 2069 PUBLIC LAW 114–95—DEC. 10, 2015

organization to carry out programs that meet the pur-

poses of this part.

‘‘(2) M

ANDATORY ACTIVITIES

.—Activities provided through

the programs carried out under this part shall include the

following:

‘‘(A) The development and implementation of plans,

methods, strategies, and activities to improve the edu-

cational outcomes of Alaska Natives.

‘‘(B) The collection of data to assist in the evaluation

of the programs carried out under this part.

‘‘(3) P

ERMISSIBLE ACTIVITIES

.—Activities provided through

programs carried out under this part 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 are culturally

informed and reflect the cultural diversity, languages,

history, or the contributions of Alaska Native people,

including curricula intended to preserve and promote

Alaska Native culture.

‘‘(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 profes-

sional development programs to prepare teachers to

develop appreciation for, and understanding of, Alaska

Native history, cultures, values, and ways of knowing

and learning in order to effectively address the cultural

diversity and unique needs of Alaska Native students

and improve the teaching methods of educators.

‘‘(ii) Recruitment and preparation of Alaska Native

teachers.

‘‘(iii) Programs that will lead to the certification

and licensing of Alaska Native teachers, principals,

other school leaders, and superintendents.

‘‘(C) Early childhood and parenting education activities

designed to improve the school readiness of Alaska Native

children, including—

‘‘(i) the development and operation of home visiting

programs for Alaska Native preschool children, to

ensure the active involvement of parents in their chil-

dren’s education from the earliest ages;

‘‘(ii) training, education, and support, including in-

home visitation, for parents and caregivers of Alaska

Native children to improve parenting and caregiving

skills (including skills relating to discipline and cog-

nitive development, reading readiness, observation,

storytelling, and critical thinking);

‘‘(iii) family literacy services;

‘‘(iv) activities carried out under the Head Start

Act (42 U.S.C. 9831 et seq.);

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129 STAT. 2070 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(v) programs for parents and their infants, from

the prenatal period of the infant through age 3;

‘‘(vi) early childhood education programs; and

‘‘(vii) native language immersion within early

childhood education programs, Head Start, or preschool

programs.

‘‘(D) The development and operation of student enrich-

ment programs, including 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 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.

‘‘(E) Research and data collection activities to deter-

mine the educational status and needs of Alaska Native

children and adults and other such research and evaluation

activities related to programs funded under this part.

‘‘(F) Activities designed to enable Alaska Native stu-

dents served under this part to meet the challenging State

academic standards or increase the graduation rates of

Alaska Native students, such as—

‘‘(i) remedial and enrichment programs;

‘‘(ii) culturally based education programs, such

as—

‘‘(I) programs of study and other instruction

in Alaska Native history and ways of living to

share the rich and diverse cultures of Alaska

Natives among Alaska Native youth and elders,

non-Native students and teachers, and the larger

community;

‘‘(II) instructing Alaska Native youth in leader-

ship, communication, and Alaska Native culture,

arts, history, and languages;

‘‘(III) intergenerational learning and intern-

ship opportunities to Alaska Native youth and

young adults;

‘‘(IV) providing cultural immersion activities

aimed at Alaska Native cultural preservation;

‘‘(V) native language instruction and immer-

sion activities, including native language immer-

sion nests or schools;

‘‘(VI) school-within-a-school model programs;

and

‘‘(VII) preparation for postsecondary education

and career planning; and

‘‘(iii) comprehensive school or community-based

support services, including services that—

‘‘(I) address family instability and trauma; and

‘‘(II) improve conditions for learning at home,

in the community, and at school.

‘‘(G) Student and teacher exchange programs, cross-

cultural immersion programs, and culture camps designed

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129 STAT. 2071 PUBLIC LAW 114–95—DEC. 10, 2015

to build mutual respect and understanding among partici-

pants.

‘‘(H) Education programs for at-risk urban Alaska

Native students that are designed to improve academic

proficiency and graduation rates, use strategies otherwise

permissible under this part, and incorporate a strong data

collection and continuous evaluation component.

‘‘(I) Strategies designed to increase the involvement

of parents in their children’s education.

‘‘(J) Programs and strategies that increase connections

between and among schools, families, and communities,

including positive youth-adult relationships, to—

‘‘(i) promote the academic progress and positive

development of Alaska Native children and youth; and

‘‘(ii) improve conditions for learning at home, in

the community, and at school.

‘‘(K) Career preparation activities to enable Alaska

Native children and adults to prepare for meaningful

employment, including programs providing tech-prep, men-

toring, training, and apprenticeship activities.

‘‘(L) Support for the development and operational

activities of regional vocational schools in rural areas of

Alaska to provide students with necessary resources to

prepare for skilled employment opportunities.

‘‘(M) Regional leadership academies that demonstrate

effectiveness in building respect and understanding, and

fostering a sense of Alaska Native identity in Alaska Native

students to promote their pursuit of and success in com-

pleting higher education or career training.

‘‘(N) Other activities, consistent with the purposes of

this part, to meet the educational needs of Alaska Native

children and adults.

‘‘(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $31,453,000 for each

of fiscal years 2017 through 2020.’’.

(d) A

DMINISTRATIVE

ROVISIONS

.—Section 6305 (20 U.S.C. 7545)

(as redesignated by section 6001) is amended to read as follows:

‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS.

‘‘Not more than 5 percent of funds provided to an award

recipient under this part for any fiscal year may be used for

administrative purposes.’’.

(e) D

EFINITIONS

.—Section 6306 (20 U.S.C. 7546) (as redesig-

nated by section 6001) is amended—

(1) in paragraph (1), by inserting ‘‘(43 U.S.C. 1602(b)) and

includes the descendants of individuals so defined’’ after ‘‘Settle-

ment Act’’;

(2) by striking paragraph (2) and inserting the following:

‘‘(2) A

LASKA NATIVE ORGANIZATION

.—The term ‘Alaska

Native organization’ means an organization that has or commits

to acquire expertise in the education of Alaska Natives and

is—

‘‘(A) an Indian tribe, as defined in section 4 of the

Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450b), that is an Indian tribe located in Alaska;

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129 STAT. 2072 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(B) a ‘tribal organization’, as defined in section 4

of such Act (25 U.S.C. 450b), that is a tribal organization

located in Alaska; or

‘‘(C) an organization listed in clauses (i) through (xii)

of section 419(4)(B) of the Social Security Act (42 U.S.C.

619(4)(B)(i) through (xii)), or the successor of an entity

so listed.’’.

SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDU-

CATION.

(a) D

EFINITIONS

.—In this section:

(1) I

NSTITUTION OF HIGHER EDUCATION

.—The term ‘‘institu-

tion of higher education’’ has the meaning given such term

in section 8101 of the Elementary and Secondary Education

Act of 1965.

(2) L

OCAL EDUCATIONAL AGENCY

.—The term ‘‘local edu-

cational agency’’ has the meaning given such term in section

8101 of the Elementary and Secondary Education Act of 1965.

(3) N

ATIVE AMERICAN

;

NATIVE AMERICAN LANGUAGE

.—The

terms ‘‘Native American’’ and ‘‘Native American language’’ have

the meanings given such terms in section 103 of the Native

American Languages Act of 1990 (25 U.S.C. 2902).

(4) S

TATE EDUCATIONAL AGENCY

.—The term ‘‘State edu-

cational agency’’ has the meaning given such term in section

8101 of the Elementary and Secondary Education Act of 1965.

(b) S

TUDY

.—By not later than 18 months after the date of

enactment of this Act, the Secretary of Education, in collaboration

with the Secretary of the Interior, shall—

(1) conduct a study to evaluate all levels of education

being provided primarily through the medium of Native Amer-

ican languages; and

(2) report on the findings of such study.

ONSULTATION

.—In carrying out the study conducted under

subsection (b), the Secretary shall consult with—

(1) institutions of higher education that conduct Native

American language immersion programs, including teachers

of such programs;

(2) State educational agencies and local educational agen-

cies;

(3) Indian tribes and tribal organizations, as such terms

are defined by section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b) that sponsor Native

American language immersion schools; and

(4) experts in the fields of Native American or Alaska

Native language and Native American language medium edu-

cation, including scholars who are fluent in Native American

languages.

(d) S

COPE OF

TUDY

.—The study conducted under subsection

(b) shall evaluate the components, policies, and practices of success-

ful Native American language immersion schools and programs,

including—

(1) the level of expertise in educational pedagogy, Native

American language fluency, and experience of the principal,

teachers, paraprofessionals, and other educational staff;

(2) how such schools and programs are using Native Amer-

ican languages to provide instruction in reading, language arts,

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129 STAT. 2073 PUBLIC LAW 114–95—DEC. 10, 2015

mathematics, science, and, as applicable, other academic sub-

jects;

(3) how such schools and programs assess the academic

proficiency of the students, including—

(A) whether the school administers assessments of lan-

guage arts, mathematics, science, and other academic sub-

jects in the Native American language of instruction;

(B) whether the school administers assessments of lan-

guage arts, mathematics, science, and other academic sub-

jects in English; and

in the Native American language of instruction and in

English compare; and

(4) the academic outcomes, graduation rate, and other out-

comes of students who have completed the highest grade taught

primarily through such schools or programs, including, when

available, college attendance rates compared with demographi-

cally similar students who did not attend a school in which

the language of instruction was a Native American language.

(e) R

ECOMMENDATIONS

.—Not later than 18 months after the

date of enactment of this Act, the Secretary of Education, in

collaboration with the Secretary of the Interior, shall—

(1) develop a report that includes findings and conclusions

regarding the study conducted under subsection (b), including

recommendations for such legislative and administrative

actions as the Secretary of Education considers to be appro-

priate;

(2) consult with the entities described in subsection (c)

in reviewing such findings and conclusions; and

(3) submit the report described in paragraph (1) to each

of the following:

(A) The Committee on Health, Education, Labor, and

Pensions of the Senate.

(B) The Committee on Education and the Workforce

of the House of Representatives.

(D) The Subcommittee on Indian, Insular and Alaska

Native Affairs of the House of Representatives.

SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.

(a) P

REPARATION

.—

(1) I

N GENERAL

.—The Secretary of Education, in coordina-

tion with the Secretary of the Interior and the Secretary of

Health and Human Services, shall prepare a report on efforts

to address outbreaks of suicides among elementary school and

secondary school students (referred to in this section as ‘‘student

suicides’’) that occurred within 1 year prior to the date of

enactment of this Act in Indian country (as defined in section

1151 of title 18, United States Code).

(2) C

ONTENTS

.—The report described in paragraph (1) shall

include information on—

(A) the Federal response to the occurrence of high

numbers of student suicides in Indian country (as so

defined);

(B) a list of Federal resources available to prevent

and respond to outbreaks of student suicides, including

the availability and use of tele-behavioral health care;

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129 STAT. 2074 PUBLIC LAW 114–95—DEC. 10, 2015

or interagency collaboration regarding student suicides;

(D) interagency collaboration efforts to streamline

access to programs regarding student suicides, including

information on how the Department of Education, the

Department of the Interior, and the Department of Health

and Human Services work together on administration of

such programs;

(E) recommendations to improve or consolidate

resources or programs described in subparagraph (B) or

(D); and

(F) feedback from Indian tribes to the Federal response

described in subparagraph (A).

(b) S

UBMISSION

.—Not later than 270 days after the date of

enactment of this Act, the Secretary of Education shall submit

the report described in subsection (a) to the appropriate committees

of Congress.

TITLE VII—IMPACT AID

SEC. 7001. GENERAL PROVISIONS.

(a) I

MPACT

MPROVEMENT

CT OF

2012.—Section 563(c)

of National Defense Authorization Act for Fiscal Year 2013 (Public

Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known

as the ‘‘Impact Aid Improvement Act of 2012’’), as amended by

section 563 of division A of Public Law 113–291, is amended—

(1) by striking paragraphs (1) and (4); and

(2) by redesignating paragraphs (2) and (3), as paragraphs

(1) and (2), respectively.

(b) R

EPEAL

.—Section 309 of division H of the Consolidated

Appropriations Act, 2014 (Public Law 113–76; 20 U.S.C. 7702 note)

is repealed.

ITLE

VII R

EDESIGNATIONS

.—Title VIII (20 U.S.C. 7701 et

seq.) is redesignated as title VII and further amended—

(1) by redesignating sections 8001 through 8005 as sections

7001 through 7005, respectively; and

(2) by redesignating sections 8007 through 8014 as sections

7007 through 7014, respectively.

(d) C

ONFORMING

MENDMENTS

.—Title VII (as redesignated by

subsection (c) of this section) is further amended—

(1) by striking ‘‘section 8002’’ each place it appears and

inserting ‘‘section 7002’’;

(2) by striking ‘‘section 8003’’ each place it appears and

inserting ‘‘section 7003’’;

(3) by striking ‘‘section 8003(a)(1)’’ each place it appears

and inserting ‘‘section 7003(a)(1)’’;

(4) by striking ‘‘section 8003(a)(1)(C)’’ each place it appears

and inserting ‘‘section 7003(a)(1)(C)’’;

(5) by striking ‘‘section 8003(a)(2)’’ each place it appears

and inserting ‘‘section 7003(a)(2)’’;

(6) by striking ‘‘section 8003(b)’’ each place it appears and

inserting ‘‘section 7003(b)’’;

(7) by striking ‘‘section 8003(b)(1)’’ each place it appears

and inserting ‘‘section 7003(b)(1)’’;

(8) by striking ‘‘section 8003(b)(2)’’ each place it appears

and inserting ‘‘section 7003(b)(2)’’;

20 USC 7707,

7709.

20 USC 7707,

7709.

20 USC 7702,

7707, 7710, 7714.

20 USC 7707.

20 USC 7707,

7710.

20 USC 7704.

20 USC 7705,

7707, 7709, 7714.

20 USC

7707–7714.

20 USC

7701–7705.

20 USC 7702

note.

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129 STAT. 2075 PUBLIC LAW 114–95—DEC. 10, 2015

(9) by striking ‘‘section 8014(a)’’ each place it appears and

inserting ‘‘section 7014(a)’’;

(10) by striking ‘‘section 8014(b)’’ each place it appears

and inserting ‘‘section 7014(b)’’; and

(11) by striking ‘‘section 8014(e)’’ each place it appears

and inserting ‘‘section 7014(d)’’.

SEC. 7002. PURPOSE.

Section 7001, as redesignated by section 7001 of this Act, is

amended in the matter preceding paragraph (1), by striking ‘‘chal-

lenging State standards’’ and inserting ‘‘the same challenging State

academic standards’’.

SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

Section 7002, as redesignated and amended by section 7001

of this Act, is further amended—

(1) in subsection (a)(1)(C), by striking the matter preceding

clause (i) and inserting the following:

‘‘(C) had an assessed value according to original records

(including facsimiles or other reproductions of those

records) documenting the assessed value of such property

(determined as of the time or times when so acquired)

prepared by the local officials referred to in subsection

(b)(3) or, when such original records are not available due

to unintentional destruction (such as natural disaster, fire,

flooding, pest infestation, or deterioration due to age), other

records, including Federal agency records, local historical

records, or other records that the Secretary determines

to be appropriate and reliable, aggregating 10 percent or

more of the assessed value of—’’;

(2) in subsection (b)—

(A) in paragraph (1)(C) by striking ‘‘section

8003(b)(1)(C)’’ and inserting ‘‘section 7003(b)(1)(C)’’;

(B) in paragraph (3), by striking subparagraph (B)

and inserting the following:

‘‘(B) S

PECIAL RULE

.—In the case of Federal property

eligible under this section that is within the boundaries

of 2 or more local educational agencies that are eligible

under this section, any of such agencies may ask the Sec-

retary to calculate (and the Secretary shall calculate) the

taxable value of the eligible Federal property that is within

its boundaries by—

‘‘(i) first calculating the per-acre value of the

eligible Federal property separately for each eligible

local educational agency that shared the Federal prop-

erty, as provided in subparagraph (A)(ii);

‘‘(ii) then averaging the resulting per-acre values

of the eligible Federal property from each eligible local

educational agency that shares the Federal property;

and

‘‘(iii) then applying the average per-acre value to

determine the total taxable value of the eligible Federal

property under subparagraph (A)(iii) for the requesting

local educational agency.’’;

(3) in subsection (e)(2), by adding at the end the following:

‘‘For each fiscal year beginning on or after the date of enactment

of the Every Student Succeeds Act, the Secretary shall treat

20 USC 7702.

20 USC 7701.

20 USC 7707.

20 USC 7703.

20 USC 7702.

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129 STAT. 2076 PUBLIC LAW 114–95—DEC. 10, 2015

local educational agencies chartered in 1871 having more than

70 percent of the county in Federal ownership as meeting

the eligibility requirements of subparagraphs (A) and (C) of

subsection (a)(1).’’;

(4) by striking subsection (f) and inserting the following:

‘‘(f) S

PECIAL

ULE

.—For each fiscal year beginning on or after

the date of enactment of the Every Student Succeeds Act, a local

educational agency shall be deemed to meet the requirements of

subsection (a)(1)(C) if the agency was eligible under paragraph

(1) or (3) of section 8002(f) as such section was in effect on the

day before the date of enactment of the Every Student Succeeds

Act.’’;

(5) by striking subsection (g) and inserting the following:

‘‘(g) F

ORMER

ISTRICTS

.—

‘‘(1) C

ONSOLIDATIONS

.—For fiscal year 2006 and each suc-

ceeding fiscal year, if a local educational agency described in

paragraph (2) is formed at any time after 1938 by the consolida-

tion of 2 or more former school districts, the local educational

agency may elect to have the Secretary determine its eligibility

for assistance 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) E

LIGIBLE LOCAL EDUCATIONAL AGENCIES

.—A local edu-

cational 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 deter-

mined to be eligible under, section 2(c) of the Act of Sep-

tember 30, 1950 (Public Law 874, 81st Congress) as that

section was in effect for that fiscal year; or

‘‘(B) a local educational agency—

‘‘(i) that was 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 pre-

ceding the year of the consolidation; and

‘‘(ii) which includes the designation referred to in

paragraph (1) in its application under section 7005

for a fiscal year beginning on or after the date of

enactment of the Every Student Succeeds Act or any

timely amendment to such application.

‘‘(3) A

MOUNT

.—A local educational agency eligible under

paragraph (1) shall receive a foundation payment as provided

for under subparagraphs (A) and (B) of subsection (h)(1), except

that the foundation payment shall be calculated based on the

most recent payment received by the local educational agency

based on its status prior to consolidation.’’;

(6) in subsection (h)(4), by striking ‘‘For each local edu-

cational agency that received a payment under this section

for fiscal year 2010 through the fiscal year in which the Impact

Aid Improvement Act of 2012 is enacted’’ and inserting ‘‘For

each local educational agency that received a payment under

this section for fiscal year 2010 or any succeeding fiscal year’’;

(7) by repealing subsections (k) and (m);

(8) by redesignating subsection (l) as subsection (j);

(9) in subsection (j) (as redesignated by paragraph (8)),

by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’;

(10) by redesignating subsection (n) as subsection (k); and

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129 STAT. 2077 PUBLIC LAW 114–95—DEC. 10, 2015

(11) in subsection (k)(1) (as redesignated by paragraph

(10)), by striking ‘‘section 8013(5)(C)(iii)’’ and inserting ‘‘section

7013(5)(C)(iii)’’.

SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-

DREN.

Section 7003, as redesignated and amended by section 7001

of this Act, is further amended—

(1) in subsection (a)(5)(A), by striking ‘‘to be children’’ and

all that follows through the period at the end and inserting

‘‘or under lease of off-base property under subchapter IV of

chapter 169 of title 10, United States Code, to be children

described under paragraph (1)(B), if the property described

is—

‘‘(i) within the fenced security perimeter of the

military facility; or

‘‘(ii) attached to, and under any type of force protec-

tion agreement with, the military installation upon

which such housing is situated.’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking subparagraph (E); and

(ii) by redesignating subparagraphs (F) and (G)

as subparagraphs (E) and (F), respectively;

(B) in paragraph (2), by striking subparagraphs (B)

through (H) and inserting the following:

‘‘(B) E

LIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU

CATIONAL AGENCIES

.—

‘‘(i) I

N GENERAL

.—A heavily impacted local edu-

cational 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—

‘‘(aa) whose boundaries are the same as

a Federal military installation or an island

property designated by the Secretary of the

Interior to be property that is held in trust

by the Federal Government; and

‘‘(bb) 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 stu-

dents, 125 percent of the average per-pupil

expenditure of the State in which the

agency is located; or

‘‘(BB) for any agency that has a total

student enrollment of less than 500 stu-

dents, 150 percent of the average per-pupil

expenditure of the State in which the

agency is located or the average per-pupil

20 USC 7703.

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129 STAT. 2078 PUBLIC LAW 114–95—DEC. 10, 2015

expenditure of 3 or more comparable local

educational agencies in the State in which

the agency is located; and

‘‘(cc) is an agency that 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;

‘‘(III) is a local educational agency that—

‘‘(aa) has a tax rate for general fund pur-

poses which is not less than 125 percent of

the average tax rate for general fund purposes

for comparable local educational agencies in

the State; and

‘‘(bb)(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 30 percent;

‘‘(BB) 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,

and 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 stu-

dent enrollment of the agency that is not less

than 65 percent;

‘‘(IV) is a local educational agency that has

a total student enrollment of not less than 25,000

students, of which—

‘‘(aa) not less than 50 percent are children

described in subsection (a)(1); and

‘‘(bb) not less than 5,000 of such children

are children described in subparagraphs (A)

and (B) of subsection (a)(1); or

‘‘(V) is a local educational agency that—

‘‘(aa) has an enrollment of children

described in subsection (a)(1) including, for

purposes of determining eligibility, those chil-

dren described in subparagraphs (F) and (G)

of such subsection, that is not less than 35

percent of the total student enrollment of the

agency;

‘‘(bb) has a per-pupil expenditure

described in subclause (II)(bb) (except that a

local educational agency with a total student

enrollment of less than 350 students shall be

deemed to have satisfied such per-pupil

expenditure requirement) and has a tax rate

for general fund purposes which is not less

than 95 percent of the average tax rate for

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129 STAT. 2079 PUBLIC LAW 114–95—DEC. 10, 2015

general fund purposes for comparable local

educational agencies in the State; and

‘‘(cc) was eligible to receive assistance

under subparagraph (A) for fiscal year 2001.

‘‘(ii) L

OSS OF ELIGIBILITY

.—

‘‘(I) I

N 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 pay-

ment under subparagraph (A) if the agency fails

to meet the requirements of clause (i) for a subse-

quent 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) L

OSS OF ELIGIBILITY DUE TO FALLING

BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR

GENERAL FUND PURPOSES

.—In the case of a heavily

impacted local educational agency described in

subclause (II) or (V) of clause (i) that is eligible

to receive a basic support payment under subpara-

graph (A), but that has had, for 2 consecutive

fiscal years, a tax rate for general fund purposes

that falls below 95 percent of the average tax

rate for general fund purposes of comparable local

educational agencies in the State, such agency

shall be determined to be ineligible under clause

(i) and ineligible to receive a basic support pay-

ment under subparagraph (A) for each fiscal year

succeeding such 2 consecutive fiscal years for

which the agency has such a tax rate for general

fund purposes, and until the fiscal year for which

the agency resumes such eligibility in accordance

with clause (iii).

‘‘(III) T

AKEN OVER BY STATE BOARD OF EDU

CATION

.—In the case of a heavily impacted local

educational agency that is eligible to receive a

basic support payment under subparagraph (A),

but that has been taken over by a State board

of education in any 2 previous years, such agency

shall be deemed to maintain heavily impacted

status for 2 fiscal years following the date of enact-

ment of the Every Student Succeeds Act.

‘‘(iii) R

ESUMPTION OF ELIGIBILITY

.—A heavily

impacted local educational agency described in clause

(i) that becomes ineligible under such clause for 1

or more fiscal years may resume eligibility for a basic

support payment under this paragraph for a subse-

quent fiscal year only if the agency meets the require-

ments of clause (i) for that subsequent fiscal year,

except that such agency shall not receive a basic sup-

port payment under this paragraph until the fiscal

year succeeding the fiscal year for which the eligibility

determination is made.

‘‘(C) M

AXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES

.—

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129 STAT. 2080 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) I

N GENERAL

.—Except as provided in subpara-

graph (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 edu-

cational agency is located for the third fiscal year

preceding the fiscal year for which the determina-

tion 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 deter-

mination is made.

‘‘(ii) C

ALCULATION OF WEIGHTED STUDENT UNITS

.—

‘‘(I) I

N GENERAL

.—

‘‘(aa) P

ERCENTAGE ENROLLMENT

.—For a

local educational agency in 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

that has an enrollment of children described

in subparagraph (A), (B), or (C) of such sub-

section 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) E

XCEPTION

.—Notwithstanding item

(aa), a local educational agency that received

a payment under this paragraph for fiscal year

2013 shall not be required to have an enroll-

ment of children described in subparagraph

(A), (B), or (C) of subsection (a)(1) equal to

at least 10 percent of the agency’s total enroll-

ment and shall be eligible for the student

weight as provided for in item (aa).

‘‘(II) E

NROLLMENT OF 100 OR FEWER CHIL

DREN

.—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) E

NROLLMENT OF MORE THAN 100 CHIL

DREN BUT LESS THAN 1000

.—For a local educational

agency that is not described under subparagraph

(B)(i)(I) and has an enrollment of more than 100

but not more than 1,000 children described in sub-

section (a)(1), the Secretary shall calculate the

total number of weighted student units for pur-

poses of subsection (a)(2) by multiplying the

number of such children by a factor of 1.25.

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129 STAT. 2081 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(D) M

AXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES

.—

‘‘(i) I

N GENERAL

.—

‘‘(I) F

ORMULA

.—Subject to clause (ii), the max-

imum amount that a heavily impacted local edu-

cational 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) H

EAVILY IMPACTED LOCAL EDUCATIONAL

AGENCY

.—A heavily impacted local educational

agency described in this subclause is a local edu-

cational 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 sub-

section (a)(1) and not less than 5,000 of such chil-

dren are children described in subparagraphs (A)

and (B) of subsection (a)(1).

‘‘(ii) F

ACTOR

.—For purposes of calculating the max-

imum amount described in clause (i), the factor used

in determining the weighted student units under sub-

section (a)(2) with respect to children described in sub-

paragraphs (A) and (B) of subsection (a)(1) shall be

1.35.

‘‘(E) D

ATA

.—For purposes of providing assistance under

this paragraph, the Secretary shall use student, revenue,

expenditure, and tax data from the third fiscal year pre-

ceding the fiscal year for which the local educational agency

is applying for assistance under this paragraph.

‘‘(F) D

ETERMINATION OF AVERAGE TAX RATES FOR GEN

ERAL FUND PURPOSES

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause

(ii), for the purpose of determining the average tax

rates for general fund purposes for local educational

agencies in a State under this paragraph, the Secretary

shall use either—

‘‘(I) the average tax rate for general fund pur-

poses for comparable local educational agencies,

as determined by the Secretary in regulations; or

‘‘(II) the average tax rate of all the local edu-

cational agencies in the State.

‘‘(ii) F

ISCAL YEARS 2010

–

2015

.—

‘‘(I) I

N GENERAL

.—For fiscal years 2010

through 2015, any local educational agency that

was found ineligible to receive a payment under

subparagraph (A) because the Secretary deter-

mined that it failed to meet the average tax rate

requirement for general fund purposes in subpara-

graph (B)(i)(II)(cc), shall be considered to have met

that requirement, if its State determined, through

an alternate calculation of average tax rates for

general fund purposes, that such local educational

agency met that requirement.

‘‘(II) S

UBSEQUENT FISCAL YEARS AFTER 2015

.—

For any succeeding fiscal year after 2015, any

local educational agency identified in subclause

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129 STAT. 2082 PUBLIC LAW 114–95—DEC. 10, 2015

(I) may continue to have its State use that alter-

nate methodology to calculate whether the average

tax rate requirement for general fund purposes

under subparagraph (B)(i)(II)(cc) is met.

‘‘(III) A

VAILABILITY OF FUNDS

.—Notwith-

standing any other provision of law limiting the

period during which the Secretary may obligate

funds appropriated for any fiscal year after 2012,

the Secretary shall reserve a total of $14,000,000

from funds that remain unobligated under this

section from fiscal years 2015 or 2016 in order

to make payments under this clause for fiscal years

2011 through 2014.

‘‘(G) E

LIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU

CATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI

TARY HOUSING

.—

‘‘(i) E

LIGIBILITY

.—For any fiscal year, a heavily

impacted local educational agency that received a basic

support payment under this paragraph for the prior

fiscal year, but is ineligible for such payment for the

current fiscal year under subparagraph (B) due to the

conversion of military housing units to private housing

described in clause (iii), or as the direct result of base

realignment and closure or modularization as deter-

mined by the Secretary of Defense and force structure

change or force relocation, shall be deemed to meet

the eligibility requirements under subparagraph (B)

for the period during which the housing units are

undergoing such conversion or during such time as

activities associated with base closure and realignment,

modularization, force structure change, or force reloca-

tion are ongoing.

‘‘(ii) A

MOUNT OF PAYMENT

.—The amount of a pay-

ment to a heavily impacted local educational agency

for a fiscal year by reason of the application of clause

(i), and calculated in accordance with subparagraph

the number of children in average daily attendance

in the schools of such agency for the fiscal year and

under the same provisions of subparagraph (C) or (D)

under which the agency was paid during the prior

fiscal year.

‘‘(iii) C

ONVERSION OF MILITARY HOUSING UNITS TO

PRIVATE HOUSING DESCRIBED

.—For purposes of clause

(i), ‘conversion of military housing units to private

housing’ means the conversion of military housing

units to private housing units pursuant to subchapter

IV of chapter 169 of title 10, United States Code,

or pursuant to any other related provision of law.’’;

(i) in subparagraph (B), by striking clause (iii)

and inserting the following:

‘‘(iii) In the case of a local educational agency providing

a free public education to students enrolled in kindergarten

through grade 12, that enrolls students described in sub-

paragraphs (A), (B), and (D) of subsection (a)(1) only in

grades 9 through 12, and that received a final payment

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129 STAT. 2083 PUBLIC LAW 114–95—DEC. 10, 2015

for fiscal year 2009 calculated under section 8003(b)(3)

(as such section was in effect on the day before the date

of enactment of the Every Student Succeeds Act) for stu-

dents in grades 9 through 12, the Secretary shall, in calcu-

lating the agency’s payment, consider only that portion

of such agency’s total enrollment of students in grades

9 through 12 when calculating the percentage under clause

(i)(I) and only that portion of the total current expenditures

attributed to the operation of grades 9 through 12 in such

agency when calculating the percentage under clause

(i)(II).’’;

(ii) in subparagraph (C), by striking ‘‘subparagraph

(D) or (E) of paragraph (2), as the case may be’’ and

inserting ‘‘subparagraph (C) or (D) of paragraph (2),

as the case may be’’; and

(iii) by striking subparagraph (D) and inserting

the following:

‘‘(D) R

ATABLE DISTRIBUTION

.—For fiscal years 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 paragraphs (1) or (2) (as the case may be) by multi-

plying—

‘‘(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 numer-

ator of which is the aggregate of the excess sums,

‘‘(ii) the difference between the full amount com-

puted 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) or

(C)) of the agency, except that no local educational

agency shall receive more than 100 percent of the

maximum payment calculated under subparagraph (C)

or (D) of paragraph (2).

‘‘(E) I

NSUFFICIENT PAYMENTS

.—For each fiscal year

described in subparagraph (A) for which the sums appro-

priated are insufficient to pay each local educational agency

all of the local educational agency’s threshold payment

described in subparagraph (B), the Secretary shall ratably

reduce the payment to each local educational agency under

this paragraph.

‘‘(F) I

NCREASES

.—

‘‘(i) I

NCREASES BASED ON INSUFFICIENT FUNDS

.—

If additional funds become available under 7014(b) for

making payments under paragraphs (1) and (2) and

those funds are not sufficient to increase each local

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129 STAT. 2084 PUBLIC LAW 114–95—DEC. 10, 2015

educational agency’s threshold payment above 100 per-

cent of its threshold payment described in subpara-

graph (B), payments that were reduced under subpara-

graph (E) shall be increased by the Secretary on the

same basis as such payments were reduced.

‘‘(ii) I

NCREASES BASED ON SUFFICIENT FUNDS

.—If

additional funds become available under section

7014(b) for making payments under paragraphs (1)

and (2) and those funds are sufficient to increase each

local educational agency’s threshold payment above 100

percent of its threshold payment described in subpara-

graph (B), the payment for each local educational

agency shall be 100 percent of its threshold payment.

The Secretary shall then distribute the excess sums

to each eligible local educational agency in accordance

with subparagraph (D).

‘‘(G) P

ROVISION OF TAX RATE AND RESULTING PERCENT

AGE

.—As soon as practicable following the payment of funds

under paragraph (2) to an eligible local educational agency,

the Secretary shall provide the local educational agency

with a description of—

‘‘(i) the tax rate of the local educational agency;

and

‘‘(ii) the percentage such tax rate represents of

the average tax rate for general fund purposes of com-

parable local educational agencies in the State as deter-

mined under subclauses (II)(cc), III(aa), or (V)(bb) of

paragraph (2)(B)(i) (as the case may be).’’; and

(D) in paragraph (4)—

(i) in subparagraph (A), by striking ‘‘through (D)’’

and inserting ‘‘and (C)’’; and

(ii) in subparagraph (B), by striking ‘‘subparagraph

(D) or (E)’’ and inserting ‘‘subparagraph (C) or (D)’’;

(3) in subsection (c), by striking paragraph (2) and inserting

the following:

‘‘(2) E

XCEPTION

.—Calculation of payments for a local edu-

cational 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 sec-

tion 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)(I) of not less than 10 percent of children

described in—

‘‘(aa) subparagraph (A), (B), (C), or (D)

of subsection (a)(1); or

‘‘(bb) subparagraphs (F) and (G) of sub-

section (a)(1), but only to the extent that such

children are civilian dependents of employees

of the Department of Defense or the Depart-

ment of the Interior; or

‘‘(II) of not less than 100 of such children; and

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129 STAT. 2085 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(ii) that is the direct result of closure or realign-

ment 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 the force structure changes or move-

ments of units or personnel between military installa-

tions or because of actions initiated by the Secretary

of the Interior or the head of another Federal agency;

‘‘(C) was eligible to receive a payment under this sec-

tion for the previous fiscal year and has had an 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 chil-

dren; 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) for the previous fiscal year.’’;

(4) in subsection (d)(1), by striking ‘‘section 8014(c)’’ and

inserting ‘‘section 7014(c)’’;

(5) in subsection (e)—

(A) by redesignating paragraph (3) as paragraph (4);

(B) by striking paragraphs (1) and (2) and inserting

the following:

‘‘(1) I

N GENERAL

.—In the case of any local educational

agency eligible to receive a payment under subsection (b) whose

calculated payment amount for a fiscal year is reduced by

20 percent, as compared to the amount received for the previous

fiscal year, the Secretary shall pay the local educational agency,

for the year of the reduction and the following 2 years, the

amount determined under paragraph (2).

‘‘(2) A

MOUNT OF REDUCTION

.—Subject to paragraph (3), A

local educational agency described in paragraph (1) shall

receive—

‘‘(A) for the first year for which the reduced payment

is determined, an amount that is not less than 90 percent

of the total amount that the local educational agency

received under subsection (b) for the previous fiscal year;

‘‘(B) for the second year following such reduction, an

amount that is not less than 85 percent of the total amount

that the local educational agency received under subpara-

graph (A); and

‘‘(C) for the third year following such reduction, an

amount that is not less than 80 percent of the total amount

that the local educational agency received under subpara-

graph (B).

‘‘(3) S

PECIAL RULE

.—For any fiscal year for which a local

educational agency would receive a payment under subsection

(b) in excess of the amount determined under paragraph (2),

the payment received by the local educational agency for such

fiscal year shall be calculated under paragraph (1) or (2) of

subsection (b).’’; and

(6) by striking subsection (g).

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129 STAT. 2086 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN

RESIDING ON INDIAN LANDS.

Section 7004(e)(9), as redesignated and amended by section

7001 of this Act, is further amended by striking ‘‘Affairs’’ both

places the term appears and inserting ‘‘Education’’.

SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND

7003.

Section 7005, as redesignated and amended by section 7001

of this Act, is further amended—

(1) in the section heading, by striking ‘‘

8002 AND 8003

’’

and inserting ‘‘

7002 AND 7003

’’;

(2) by striking ‘‘or 8003’’ each place it appears and inserting

‘‘or 7003’’;

(3) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘, and shall contain such information,’’; and

(B) by striking ‘‘section 8004’’ and inserting ‘‘section

7004’’; and

(4) in subsection (d)(2), by striking ‘‘section 8003(e)’’ and

inserting ‘‘section 7003(e)’’;

SEC. 7007. CONSTRUCTION.

Section 7007, as redesignated and amended by section 7001

of this Act, is further amended—

(1) in subsection (a)—

(A) in paragraph (3)(A)(i)—

(i) by redesignating the first subclause (II) as sub-

clause (I);

(ii) in subclause (II), by striking ‘‘section 8008(a)’’

and inserting ‘‘section 7008(a)’’; and

(B) in paragraph (4), by striking ‘‘section 8013(3)’’ and

inserting ‘‘section 7013(3)’’; and

(2) in subsection (b)—

(A) in paragraph (3)(C)(i)(I), by adding at the end the

following:

‘‘(cc) Not less than 10 percent of the property

acreage in the agency is exempt from State and

local taxation under Federal law.’’; and

(B) in paragraph (6)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘, in such manner, and accompanied by such

information’’ and inserting ‘‘and in such manner’’;

(ii) in subparagraph (A), by inserting before the

period at the end the following: ‘‘, and containing such

additional information as may be necessary to meet

any award criteria for a grant under this subsection

as provided by any other Act’’; and

(iii) by striking subparagraph (F).

SEC. 7008. FACILITIES.

Section 7008(a), as redesignated by section 7001 of this Act,

is amended by striking ‘‘section 8014(f)’’ and inserting ‘‘section

7014(e)’’.

20 USC 7708.

20 USC 7707.

20 USC 7705.

20 USC 7704.

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129 STAT. 2087 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE

AID.

Section 7009, as redesignated and amended by section 7001

of this Act, is further amended—

(1) by striking ‘‘section 8011(a)’’ each place it appears and

inserting ‘‘section 7011(a)’’;

(2) in subsection (b)(1)—

(A) by striking ‘‘or 8003(b)’’ and inserting ‘‘or 7003(b)’’;

and

(B) by striking ‘‘section 8003(a)(2)(B)’’ and inserting

‘‘section 7003(a)(2)(B)’’; and

(3) in subsection (c)(1)(B), by striking ‘‘and contain the

information’’ and inserting ‘‘that’’ after ‘‘form’’.

SEC. 7010. FEDERAL ADMINISTRATION.

Section 7010, as redesignated and amended by section 7001

of this Act, is further amended—

(1) in subsection (c)—

(A) in paragraph (1), in the paragraph heading, by

striking ‘‘

8003

(a)(1)’’ and inserting ‘‘

7003

(a)(1)’’;

(B) in paragraph (2)(D), by striking ‘‘section 8009(b)’’

and inserting ‘‘section 7009(b)’’; and

(2) in subsection (d)(2), by striking ‘‘section 8014’’ and

inserting ‘‘section 7014’’.

SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

Section 7011(a), as redesignated by section 7001 of this Act,

is amended by striking ‘‘or under the Act’’ and all that follows

through ‘‘1994)’’.

SEC. 7012. DEFINITIONS.

Section 7013, as redesignated by section 7001 of this Act, is

amended—

(1) in paragraph (1), by striking ‘‘and Marine Corps’’ and

inserting ‘‘Marine Corps, and Coast Guard’’;

(2) in paragraph (4), by striking ‘‘and title VI’’;

(3) in paragraph (5)(A)—

(A) in clause (ii), by striking subclause (III) and

inserting the following:

‘‘(III) conveyed at any time under the Alaska

Native Claims Settlement Act to a Native indi-

vidual, Native group, or village or regional corpora-

tion (including single family occupancy properties

that may have been subsequently sold or leased

to a third party), except that property that is con-

veyed under such Act—

‘‘(aa) that is not taxed is, for the purposes

of this paragraph, considered tax-exempt due

to Federal law; and

‘‘(bb) is considered Federal property for

the purpose of this paragraph if the property

is located within a Regional Educational

Attendance Area that has no taxing power;’’;

and

(B) in clause (iii)—

(i) in subclause (II), by striking ‘‘Stewart B.

McKinney Homeless Assistance Act’’ and inserting

20 USC 7713.

20 USC 7711.

20 USC 7710.

20 USC 7709.

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129 STAT. 2088 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘McKinney-Vento Homeless Assistance Act (42 U.S.C.

11411)’’; and

(ii) by striking subclause (III) and inserting the

following:

‘‘(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’’.

SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.

Section 7014, as amended and redesignated by section 7001

of this Act, is further 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’’ and inserting ‘‘$66,813,000

for each of fiscal years 2017 through 2019, and $71,997,917

for fiscal year 2020’’;

(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’’ and inserting ‘‘$1,151,233,000

for each of fiscal years 2017 through 2019, and $1,240,572,618

for fiscal year 2020’’;

(3) in subsection (c)—

(A) by striking ‘‘section 8003(d)’’ and inserting ‘‘section

7003(d)’’; and

(B) by striking ‘‘$50,000,000 for fiscal year 2000 and

such sums as may be necessary for each of the seven

succeeding fiscal years’’ and inserting ‘‘$48,316,000 for each

of fiscal years 2017 through 2019, and $52,065,487 for

fiscal year 2020’’;

(4) by redesignating subsections (e) and (f) as subsections

(d) and (e), respectively;

(5) in subsection (d) (as redesignated by paragraph (4))—

(A) by striking ‘‘section 8007’’ and inserting ‘‘section

7007’’; and

(B) 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’’

and inserting ‘‘$17,406,000 for each of fiscal years 2017

through 2019, and $18,756,765 for fiscal year 2020’’; and

(6) in subsection (e) (as redesignated by paragraph (4))—

(A) by striking ‘‘section 8008’’ and inserting ‘‘section

7008’’; and

(B) by striking ‘‘$5,000,000 for fiscal year 2000 and

such sums as may be necessary for each of the seven

succeeding fiscal years’’ and inserting ‘‘$4,835,000 for each

of fiscal years 2017 through 2019, and $5,210,213 for fiscal

year 2020’’.

TITLE VIII—GENERAL PROVISIONS

SEC. 8001. GENERAL PROVISIONS.

(a) T

ITLE

IX R

EDESIGNATIONS

.—Title IX (20 U.S.C. 7801 et

seq.) (as amended by sections 2001 and 4001 of this Act) is redesig-

nated as title VIII and further amended—

20 USC 7714.

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129 STAT. 2089 PUBLIC LAW 114–95—DEC. 10, 2015

(1) by redesignating sections 9101 through 9103 as sections

8101 through 8103, respectively;

(2) by redesignating sections 9201 through 9204 as sections

8201 through 8204, respectively;

(3) by redesignating sections 9301 through 9306 as sections

8301 through 8306, respectively;

(4) by redesignating section 9401 as section 8401;

(5) by redesignating sections 9501 through 9506 as sections

8501 through 8506, respectively;

(6) by redesignating sections 9521 through 9537 as sections

8521 through 8537, respectively;

(7) by redesignating sections 9541 through 9548 as sections

8551 through 8558, respectively;

(8) by redesignating section 9551 as 8561;

(9) by redesignating sections 9561 through 9564 as sections

8571 through 8574, respectively; and

(10) by redesignating section 9601 as section 8601.

(b) S

TRUCTURAL AND

ONFORMING

MENDMENTS

.—Title VIII

(as redesignated by subsection (a) of this section) is further

amended—

(1) by redesignating parts E and F as parts F and G,

respectively;

(2) by striking ‘‘9305’’ each place it appears and inserting

‘‘8305’’;

(3) by striking ‘‘9302’’ each place it appears and inserting

‘‘8302’’; and

(4) by striking ‘‘9501’’ each place it appears and inserting

‘‘8501’’.

SEC. 8002. DEFINITIONS.

Section 8101, as redesignated and amended by section 8001

of this Act, is further amended—

(1) by striking paragraphs (3), (11), (19), (23), (35), (36),

(37), and (42);

(2) by redesignating paragraphs (4), (5), (6), (7), (8), (9),

(10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24),

(25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39),

(41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10),

(11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30),

(31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and

(50), respectively, and by transferring such paragraph (20) (as

so redesignated) so as to follow such paragraph (19) (as so

redesignated);

(3) by striking paragraphs (11) and (12) (as so redesignated

by paragraph (2)) and inserting the following:

‘‘(11) C

OVERED PROGRAM

.—The term ‘covered program’

means each of the programs authorized by—

‘‘(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 A of title IV;

‘‘(G) part B of title IV; and

‘‘(H) subpart 2 of part B of title V.

‘‘(12) C

URRENT EXPENDITURES

.—The term ‘current expendi-

tures’ means expenditures for free public education—

20 USC 7801.

20 USC 7882,

7884.

20 USC 7801,

7844, 7845.

20 USC 7801,

7846.

20 USC 7941.

20 USC

7971–7974.

20 USC 7961.

20 USC

7491–7948.

20 USC

7901–7917.

20 USC

7881–7886.

20 USC 7861.

20 USC

7841–7846.

20 USC

7821–7824.

20 USC

7801–7803.

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129 STAT. 2090 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) including expenditures for administration, instruc-

tion, 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.’’;

(4) by inserting after paragraph (14) (as so redesignated

by paragraph (2)) the following:

‘‘(15) D

UAL OR CONCURRENT ENROLLMENT PROGRAM

.—The

term ‘dual or concurrent enrollment program’ means a program

offered by a partnership between at least one institution of

higher education and at least one local educational agency

through which a secondary school student who has not grad-

uated from high school with a regular high school diploma

is able to enroll in one or more postsecondary courses and

earn postsecondary credit that—

‘‘(A) is transferable to the institutions of higher edu-

cation in the partnership; and

‘‘(B) applies toward completion of a degree or recog-

nized educational credential as described in the Higher

Education Act of 1965 (20 U.S.C. 1001 et seq.).

‘‘(16) E

ARLY CHILDHOOD EDUCATION PROGRAM

.—The term

‘early childhood education program’ has the meaning given

the term in section 103 of the Higher Education Act of 1965

(20 U.S.C. 1003).

‘‘(17) E

ARLY COLLEGE HIGH SCHOOL

.—The term ‘early col-

lege high school’ means a partnership between at least one

local educational agency and at least one institution of higher

education that allows participants to simultaneously complete

requirements toward earning a regular high school diploma

and earn not less than 12 credits that are transferable to

the institutions of higher education in the partnership as part

of an organized course of study toward a postsecondary degree

or credential at no cost to the participant or participant’s

family.’’;

(5) in paragraph (20) (as so redesignated and transferred

by paragraph (2))—

(A) in the paragraph heading, by striking ‘‘L

IMITED

ENGLISH PROFICIENT

’’ and inserting ‘‘E

NGLISH LEARNER

’’;

(B) in the matter preceding subparagraph (A), by

striking ‘‘limited English proficient’’ and inserting ‘‘English

learner’’; and

ficient level of achievement on State assessments described

in section 1111(b)(3)’’ and inserting ‘‘challenging State aca-

demic standards’’;

(6) by inserting after paragraph (20) (as so redesignated

and transferred by paragraph (2)), the following:

‘‘(21) E

VIDENCE

BASED

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the term ‘evidence-based’, when used with respect to

a State, local educational agency, or school activity, means

an activity, strategy, or intervention that—

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129 STAT. 2091 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(i) demonstrates a statistically significant effect

on improving student outcomes or other relevant out-

comes based on—

‘‘(I) strong evidence from at least 1 well-

designed and well-implemented experimental

study;

‘‘(II) moderate evidence from at least 1 well-

designed and well-implemented quasi-experi-

mental study; or

‘‘(III) promising evidence from at least 1 well-

designed and well-implemented correlational study

with statistical controls for selection bias; or

‘‘(ii)(I) demonstrates a rationale based on high-

quality research findings or positive evaluation that

such activity, strategy, or intervention is likely to

improve student outcomes or other relevant outcomes;

and

‘‘(II) includes ongoing efforts to examine the

effects of such activity, strategy, or intervention.

‘‘(B) D

EFINITION FOR SPECIFIC ACTIVITIES FUNDED

UNDER THIS ACT

.—When used with respect to interventions

or improvement activities or strategies funded under sec-

tion 1003, the term ‘evidence-based’ means a State, local

educational agency, or school activity, strategy, or interven-

tion that meets the requirements of subclause (I), (II),

or (III) of subparagraph (A)(i).

‘‘(22) E

XPANDED LEARNING TIME

.—The term ‘expanded

learning time’ means using a longer school day, week, or year

schedule to significantly increase the total number of school

hours, in order to include additional time for—

‘‘(A) activities and instruction for enrichment as part

of a well-rounded education; and

‘‘(B) instructional and support staff to collaborate, plan,

and engage in professional development (including profes-

sional development on family and community engagement)

within and across grades and subjects.

‘‘(23) E

XTENDED

YEAR ADJUSTED COHORT GRADUATION

RATE

.—

‘‘(A) I

N GENERAL

.—The term ‘extended-year adjusted

cohort graduation rate’ means the fraction—

‘‘(i) the denominator of which consists of the

number of students who form the original cohort of

entering first-time students in grade 9 enrolled in the

high school no later than the date by which student

membership data must be collected annually by State

educational agencies for submission to the National

Center for Education Statistics under section 153 of

the Education Sciences Reform Act of 2002 (20 U.S.C.

9543), adjusted by—

‘‘(I) adding the students who joined that

cohort, after the date of the determination of the

original cohort; and

‘‘(II) subtracting only those students who left

that cohort, after the date of the determination

of the original cohort, as described in subpara-

graph (B); and

‘‘(ii) the numerator of which—

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129 STAT. 2092 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) consists of the sum of—

‘‘(aa) the number of students in the cohort,

as adjusted under clause (i), who earned a

regular high school diploma before, during,

or at the conclusion of—

‘‘(AA) one or more additional years

beyond the fourth year of high school; or

‘‘(BB) a summer session immediately

following the additional year of high

school; and

‘‘(bb) all students with the most significant

cognitive disabilities in the cohort, as adjusted

under clause (i), assessed using the alternate

assessment aligned to alternate academic

achievement standards under section

1111(b)(2)(D) and awarded a State-defined

alternate diploma that is—

‘‘(AA) standards-based;

‘‘(BB) aligned with the State require-

ments for the regular high school diploma;

and

‘‘(CC) obtained within the time period

for which the State ensures the avail-

ability of a free appropriate public edu-

cation under section 612(a)(1) of the

Individuals with Disabilities Education

Act (20 U.S.C. 1412(a)(1)); and

‘‘(II) shall not include any student awarded

a recognized equivalent of a diploma, such as a

general equivalency diploma, certificate of comple-

tion, certificate of attendance, or similar lesser

credential.

‘‘(B) C

OHORT REMOVAL

.—To remove a student from a

cohort, a school or local educational agency shall require

documentation, or obtain documentation from the State

educational agency, to confirm that the student has trans-

ferred out, emigrated to another country, or transferred

to a prison or juvenile facility, or is deceased.

‘‘(C) T

RANSFERRED OUT

.—For purposes of this para-

graph, the term ‘transferred out’ has the meaning given

the term in clauses (i), (ii), and (iii) of paragraph (25)(C).

‘‘(D) S

PECIAL RULES

.—

‘‘(i) S

CHOOLS STARTING AFTER GRADE 9

.—For those

high schools that start after grade 9, the original cohort

shall be calculated for the earliest high school grade

students attend no later than the date by which stu-

dent membership data is collected annually by State

educational agencies for submission to the National

Center for Education Statistics pursuant to section

153 of the Education Sciences Reform Act of 2002

(20 U.S.C. 9543).

‘‘(ii) V

ERY SMALL SCHOOLS

.—A State educational

agency may calculate the extended year adjusted cohort

graduation rate described under this paragraph for

a high school with an average enrollment over a 4-

year period of less than 100 students for the purposes

of section 1111(c)(4) by—

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129 STAT. 2093 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(I) averaging the extended-year adjusted

cohort graduation rate of the school over a period

of three years; or

‘‘(II) establishing a minimum number of stu-

dents that must be included in the cohort described

in clause (i) of subparagraph (A) that will provide

a valid graduation rate calculation as determined

by the Secretary, below which the school shall

be exempt from differentiation and identification

under such section.’’;

(7) by inserting after paragraph (24) (as so redesignated

by paragraph (2)) the following:

‘‘(25) F

OUR

YEAR ADJUSTED COHORT GRADUATION RATE

.—

‘‘(A) I

N GENERAL

.—The term ‘four-year adjusted cohort

graduation rate’ means the fraction—

‘‘(i) the denominator of which consists of the

number of students who form the original cohort of

entering first-time students in grade 9 enrolled in the

high school no later than the date by which student

membership data is collected annually by State edu-

cational agencies for submission to the National Center

for Education Statistics pursuant to section 153 of

the Education Sciences Reform Act of 2002 (20 U.S.C.

9543), adjusted by—

‘‘(I) adding the students who joined that

cohort, after the date of the determination of the

original cohort; and

‘‘(II) subtracting only those students who left

that cohort, after the date of the determination

of the original cohort, as described in subpara-

graph (B); and

‘‘(ii) the numerator of which—

‘‘(I) consists of the sum of—

‘‘(aa) the number of students in the cohort,

as adjusted under clause (i), who earned a

regular high school diploma before, during,

or at the conclusion of—

‘‘(AA) the fourth year of high school;

‘‘(BB) a summer session immediately

following the fourth year of high school;

and

‘‘(bb) all students with the most significant

cognitive disabilities in the cohort, as adjusted

under clause (i), assessed using the alternate

assessment aligned to alternate academic

achievement standards under section

1111(b)(2)(D) and awarded a State-defined

alternate diploma that is—

‘‘(AA) standards-based;

‘‘(BB) aligned with the State require-

ments for the regular high school diploma;

and

‘‘(CC) obtained within the time period

for which the State ensures the avail-

ability of a free appropriate public edu-

cation under section 612(a)(1) of the

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129 STAT. 2094 PUBLIC LAW 114–95—DEC. 10, 2015

Individuals with Disabilities Education

Act (20 U.S.C. 1412(a)(1); and

‘‘(II) shall not include any student awarded

a recognized equivalent of a diploma, such as a

general equivalency diploma, certificate of comple-

tion, certificate of attendance, or similar lesser

credential.

‘‘(B) C

OHORT REMOVAL

.—To remove a student from a

cohort, a school or local educational agency shall require

documentation, or obtain documentation from the State

educational agency, to confirm that the student has trans-

ferred out, emigrated to another country, or transferred

to a prison or juvenile facility, or is deceased.

‘‘(C) T

RANSFERRED OUT

.—

‘‘(i) I

N GENERAL

.—For purposes of this paragraph,

the term ‘transferred out’ means that a student, as

confirmed by the high school or local educational

agency in accordance with clause (ii), has transferred

to—

‘‘(I) another school from which the student

is expected to receive a regular high school

diploma; or

‘‘(II) another educational program from which

the student is expected to receive a regular high

school diploma or an alternate diploma that meets

the requirements of subparagraph (A)(ii)(I)(bb).

‘‘(ii) C

ONFIRMATION REQUIREMENTS

.—

‘‘(I) D

OCUMENTATION REQUIRED

.—The con-

firmation of a student’s transfer to another school

or educational program described in clause (i)

requires documentation of such transfer from the

receiving school or program in which the student

enrolled.

‘‘(II) L

ACK OF CONFIRMATION

.—A student who

was enrolled in a high school, but for whom there

is no confirmation of the student having trans-

ferred out, shall remain in the adjusted cohort.

‘‘(iii) P

ROGRAMS NOT PROVIDING CREDIT

.—Except

as provided in subparagraph (A)(ii)(I)(bb), a student

who is retained in grade or who is enrolled in a pro-

gram leading to a general equivalency diploma, or

other alternative educational program that does not

issue or provide credit toward the issuance of a regular

high school diploma, shall not be considered trans-

ferred out and shall remain in the adjusted cohort.

‘‘(D) S

PECIAL RULES

.—

‘‘(i) S

CHOOLS STARTING AFTER GRADE 9

.—For those

high schools that start after grade 9, the original cohort

shall be calculated for the earliest high school grade

students attend no later than the date by which stu-

dent membership data must be collected annually by

State educational agencies for submission to the

National Center for Education Statistics pursuant to

section 153 of the Education Sciences Reform Act of

2002 (20 U.S.C. 9543).

‘‘(ii) V

ERY SMALL SCHOOLS

.—A State educational

agency may calculate the four-year adjusted cohort

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129 STAT. 2095 PUBLIC LAW 114–95—DEC. 10, 2015

graduation rate described under this paragraph for

a high school with an average enrollment over a 4-

year period of less than 100 students for the purposes

of section 1111(c)(4) by—

‘‘(I) averaging the four-year adjusted cohort

graduation rate of the school over a period of three

years; or

‘‘(II) establishing a minimum number of stu-

dents that must be included in the cohort described

in clause (i) of subparagraph (A) that will provide

a valid graduation rate calculation as determined

by the Secretary, below which the school shall

be exempt from differentiation and identification

under such section.’’;

(8) by inserting after paragraph (27) (as so redesignated

by paragraph (2)) the following:

‘‘(28) H

IGH SCHOOL

.—The term ‘high school’ means a sec-

ondary school that—

‘‘(A) grants a diploma, as defined by the State; and

‘‘(B) includes, at least, grade 12.’’;

(9) in paragraph (30) (as so redesignated by paragraph

(2)), in subparagraph (C)—

(A) by striking the subparagraph designation and

heading and inserting ‘‘(C)

BUREAU OF INDIAN EDUCATION

SCHOOLS

.—’’; and

(B) by striking ‘‘Affairs’’ both places the term appears

and inserting ‘‘Education’’;

(10) by inserting after paragraph (31) (as redesignated

by paragraph (2)) the following:

‘‘(32) M

IDDLE GRADES

.—The term middle grades means any

of grades 5 through 8.

‘‘(33) M

ULTI

TIER SYSTEM OF SUPPORTS

.—The term ‘multi-

tier system of supports’ means a comprehensive continuum

of evidence-based, systemic practices to support a rapid

response to students’ needs, with regular observation to facili-

tate data-based instructional decisionmaking.’’;

(11) in paragraph (35) (as so redesignated by paragraph

(2)), by striking ‘‘pupil services’’ and inserting ‘‘specialized

instructional support’’;

(12) by striking paragraph (36) (as so redesignated by

paragraph (2)) and inserting the following:

‘‘(36) O

UTLYING 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 per-

mitted under section 105(f)(1)(B)(ix) of the Compact of Free

Association Amendments Act of 2003 (Public Law 108-

188; 117 Stat. 2751) and until an agreement for the exten-

sion of United States education assistance under the Com-

pact of Free Association becomes effective for the Republic

of Palau; and

‘‘(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

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129 STAT. 2096 PUBLIC LAW 114–95—DEC. 10, 2015

extent permitted under section 105(f)(1)(B)(viii) of the Com-

pact of Free Association Amendments Act of 2003 (Public

Law 108–188; 117 Stat. 2751).’’;

(13) by inserting after paragraph (36) (as so redesignated

by paragraph (2)), the following:

‘‘(37) P

ARAPROFESSIONAL

.—The term ‘paraprofessional’, also

known as a ‘paraeducator’, includes an education assistant

and instructional assistant.’’;

(14) in paragraph (39) (as so redesignated by paragraph

(2))—

(A) in subparagraph (C), by inserting ‘‘and’’ after the

semicolon; and

(B) in subparagraph (D), by striking ‘‘section 1118’’

and inserting ‘‘section 1116’’;

(15) by inserting after paragraph (39) (as so redesignated

by paragraph (2)) the following:

‘‘(40) P

AY FOR SUCCESS INITIATIVE

.—The term ‘pay for suc-

cess initiative’ means a performance-based grant, contract, or

cooperative agreement awarded by a public entity in which

a commitment is made to pay for improved outcomes that

result in social benefit and direct cost savings or cost avoidance

to the public sector. Such an initiative shall include—

‘‘(A) a feasibility study on the initiative describing how

the proposed intervention is based on evidence of effective-

ness;

‘‘(B) a rigorous, third-party evaluation that uses experi-

mental or quasi-experimental design or other research

methodologies that allow for the strongest possible causal

inferences to determine whether the initiative has met

its proposed outcomes;

‘‘(C) an annual, publicly available report on the

progress of the initiative; and

‘‘(D) a requirement that payments are made to the

recipient of a grant, contract, or cooperative agreement

only when agreed upon outcomes are achieved, except that

the entity may make payments to the third party con-

ducting the evaluation described in subparagraph (B).’’;

(16) by striking paragraph (42) (as so redesignated by

paragraph (2)) and inserting the following:

‘‘(42) P

ROFESSIONAL DEVELOPMENT

.—The term ‘professional

development’ means activities that—

‘‘(A) are an integral part of school and local educational

agency strategies for providing educators (including

teachers, principals, other school leaders, specialized

instructional support personnel, paraprofessionals, and, as

applicable, early childhood educators) with the knowledge

and skills necessary to enable students to succeed in a

well-rounded education and to meet the challenging State

academic standards; and

‘‘(B) are sustained (not stand-alone, 1-day, or short

term workshops), intensive, collaborative, job-embedded,

data-driven, and classroom-focused, and may include activi-

ties that—

‘‘(i) improve and increase teachers’—

‘‘(I) knowledge of the academic subjects the

teachers teach;

‘‘(II) understanding of how students learn; and

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129 STAT. 2097 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(III) ability to analyze student work and

achievement from multiple sources, including how

to adjust instructional strategies, assessments, and

materials based on such analysis;

‘‘(ii) are an integral part of broad schoolwide and

districtwide educational improvement plans;

‘‘(iii) allow personalized plans for each educator

to address the educator’s specific needs identified in

observation or other feedback;

‘‘(iv) improve classroom management skills;

‘‘(v) support the recruitment, hiring, and training

of effective teachers, including teachers who became

certified through State and local alternative routes

to certification;

‘‘(vi) advance teacher understanding of—

‘‘(I) effective instructional strategies that are

evidence-based; and

‘‘(II) strategies for improving student academic

achievement or substantially increasing the knowl-

edge and teaching skills of teachers;

‘‘(vii) are aligned with, and directly related to,

academic goals of the school or local educational

agency;

‘‘(viii) are developed with extensive participation

of teachers, principals, other school leaders, parents,

representatives of Indian tribes (as applicable), and

administrators of schools to be served under this Act;

‘‘(ix) are designed to give teachers of English

learners, and other teachers and instructional staff,

the knowledge and skills to provide instruction and

appropriate language and academic support services

to those children, including the appropriate use of cur-

ricula and assessments;

‘‘(x) to the extent appropriate, provide training

for teachers, principals, and other school leaders in

the use of technology (including education about the

harms of copyright piracy), so that technology and

technology applications are effectively used in the

classroom to improve teaching and learning in the

curricula and academic subjects in which the teachers

teach;

‘‘(xi) as a whole, are regularly evaluated for their

impact on increased teacher effectiveness and improved

student academic achievement, with the findings of

the evaluations used to improve the quality of profes-

sional development;

‘‘(xii) are designed to give teachers of children with

disabilities or children with developmental delays, and

other teachers and instructional staff, the knowledge

and skills to provide instruction and academic support

services, to those children, including positive behav-

ioral interventions and supports, multi-tier system of

supports, and use of accommodations;

‘‘(xiii) include instruction in the use of data and

assessments to inform and instruct classroom practice;

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129 STAT. 2098 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(xiv) include instruction in ways that teachers,

principals, other school leaders, specialized instruc-

tional support personnel, and school administrators

may work more effectively with parents and families;

‘‘(xv) involve the forming of partnerships with

institutions of higher education, including, as

applicable, Tribal Colleges and Universities as defined

in section 316(b) of the Higher Education Act of 1965

(20 U.S.C. 1059c(b)), to establish school-based teacher,

principal, and other school leader training programs

that provide prospective teachers, novice teachers,

principals, and other school leaders with an oppor-

tunity to work under the guidance of experienced

teachers, principals, other school leaders, and faculty

of such institutions;

‘‘(xvi) create programs to enable paraprofessionals

(assisting teachers employed by a local educational

agency receiving assistance under part A of title I)

to obtain the education necessary for those paraprofes-

sionals to become certified and licensed teachers;

‘‘(xvii) provide follow-up training to teachers who

have participated in activities described in this para-

graph that are designed to ensure that the knowledge

and skills learned by the teachers are implemented

in the classroom; and

‘‘(xviii) where practicable, provide jointly for school

staff and other early childhood education program pro-

viders, to address the transition to elementary school,

including issues related to school readiness.’’;

(17) by inserting after paragraph (42) (as so redesignated

by paragraph (2)) the following:

‘‘(43) R

EGULAR HIGH SCHOOL DIPLOMA

.—The term ‘regular

high school diploma’—

‘‘(A) means the standard high school diploma awarded

to the preponderance of students in the State that is fully

aligned with State standards, or a higher diploma, except

that a regular high school diploma shall not be aligned

to the alternate academic achievement standards described

in section 1111(b)(1)(E); and

‘‘(B) does not include a recognized equivalent of a

diploma, such as a general equivalency diploma, certificate

of completion, certificate of attendance, or similar lesser

credential.

‘‘(44) S

CHOOL LEADER

.—The term ‘school leader’ means a

principal, assistant principal, or other individual who is—

‘‘(A) an employee or officer of an elementary school

or secondary school, local educational agency, or other

entity operating an elementary school or secondary school;

and

‘‘(B) responsible for the daily instructional leadership

and managerial operations in the elementary school or

secondary school building.’’;

(18) by inserting after paragraph (46) (as so redesignated

by paragraph (2)) the following:

‘‘(47) S

PECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL

;

SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES

.—

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129 STAT. 2099 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) S

PECIALIZED INSTRUCTIONAL SUPPORT PER

SONNEL

.—The term ‘specialized instructional support per-

sonnel’ means—

‘‘(i) school counselors, school social workers, and

school psychologists; and

‘‘(ii) other qualified professional personnel, such

as school nurses, speech language pathologists, and

school librarians, involved in providing assessment,

diagnosis, counseling, educational, therapeutic, and

other necessary services (including related services as

that term is defined in section 602 of the Individuals

with Disabilities Education Act (20 U.S.C. 1401)) as

part of a comprehensive program to meet student

needs.

‘‘(B) S

PECIALIZED INSTRUCTIONAL SUPPORT SERVICES

.—

The term ‘specialized instructional support services’ means

the services provided by specialized instructional support

personnel.’’;

(19) by striking the undesignated paragraph between para-

graph (47) (as inserted by paragraph (18)) and paragraph (49)

(as so redesignated by paragraph (2)) and inserting the fol-

lowing:

‘‘(48) S

TATE

.—The term ‘State’ means each of the 50 States,

the District of Columbia, the Commonwealth of Puerto Rico,

and each of the outlying areas.’’;

(20) by striking paragraph (50) (as so redesignated by

paragraph (2)) and inserting the following:

‘‘(50) T

ECHNOLOGY

.—The term ‘technology’ means modern

information, computer and communication technology products,

services, or tools, including, the Internet and other communica-

tions networks, computer devices and other computer and

communications hardware, software applications, data systems,

and other electronic content (including multimedia content)

and data storage.’’; and

(21) by adding at the end the following:

‘‘(51) U

NIVERSAL DESIGN FOR LEARNING

.—The term ‘uni-

versal design for learning’ has the meaning given the term

in section 103 of the Higher Education Act of 1965 (20 U.S.C.

1003).

‘‘(52) W

ELL

ROUNDED EDUCATION

.—The term ‘well-rounded

education’ means courses, activities, and programming in sub-

jects such as English, reading or language arts, writing, science,

technology, engineering, mathematics, foreign languages, civics

and government, economics, arts, history, geography, computer

science, music, career and technical education, health, physical

education, and any other subject, as determined by the State

or local educational agency, with the purpose of providing all

students access to an enriched curriculum and educational

experience.’’.

SEC. 8003. APPLICABILITY OF TITLE.

Section 8102, as redesignated by section 8001 of this Act, is

further amended by striking ‘‘Parts B, C, D, and E of this title

do not apply to title VIII’’ and inserting ‘‘Parts B, C, D, E, and

F of this title do not apply to title VII’’.

20 USC 7802.

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129 STAT. 2100 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPER-

ATED SCHOOLS.

Section 8103, as redesignated by section 8001 of this Act, is

amended—

(1) in the section heading, by striking ‘‘

BUREAU OF INDIAN

AFFAIRS

’’ and inserting ‘‘

BUREAU OF INDIAN EDUCATION

’’; and

(2) by striking ‘‘Bureau of Indian Affairs’’ each place the

term appears and inserting ‘‘Bureau of Indian Education’’.

SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

Section 8201(b)(2), as redesignated by section 8001 of this Act,

is amended—

(1) in subparagraph (G), by striking ‘‘and’’ after the semi-

colon;

(2) in subparagraph (H), by striking the period and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(I) implementation of fiscal support teams that provide

technical fiscal support assistance, which shall include

evaluating fiscal, administrative, and staffing functions,

and any other key operational function.’’.

SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

Section 8203, as redesignated by section 8001 of this Act, is

amended—

(1) in subsection (b), by striking ‘‘Within 1 year after the

date of enactment of the No Child Left Behind Act of 2001,

a State’’ and inserting ‘‘A State’’; and

(2) by striking subsection (d) and inserting the following:

‘‘(d) U

SES OF

DMINISTRATIVE

UNDS

.—

‘‘(1) I

N GENERAL

.—A local educational agency that consoli-

dates administrative funds under this section may use the

consolidated funds for the administration of the programs and

for uses, at the school district and school levels, comparable

to those described in section 8201(b)(2).

‘‘(2) F

ISCAL SUPPORT TEAMS

.—A local educational agency

that uses funds as described in section 8201(b)(2)(I) may con-

tribute State or local funds to expand the reach of such support

without violating any supplement, not supplant requirement

of any program contributing administrative funds.’’.

SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE

INTERIOR FUNDS.

Section 8204, as redesignated and amended by section 8001

of this Act, is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘part A of title VII’’

and inserting ‘‘part A of title VI’’; and

(B) in paragraph (2), by striking subparagraph (B)

and inserting the following:

‘‘(B) C

ONTENTS

.—The agreement shall—

‘‘(i) set forth the plans of the Secretary of the

Interior for the use of the amount transferred and

the achievement measures to assess program effective-

ness, including program objectives; and

‘‘(ii) be developed in consultation with Indian

tribes.’’; and

20 USC 7824.

20 USC 7823.

20 USC 7821.

20 USC 7803.

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129 STAT. 2101 PUBLIC LAW 114–95—DEC. 10, 2015

(2) by adding at the end the following:

‘‘(c) A

CCOUNTABILITY

YSTEM

.—

‘‘(1) For the purposes of part A of title I, the Secretary

of Interior, in consultation with the Secretary, if the Secretary

of the Interior requests the consultation, using a negotiated

rulemaking process to develop regulations for implementation

no later than the 2017-2018 academic year, shall define the

standards, assessments, and accountability system consistent

with section 1111, for the schools funded by the Bureau of

Indian Education on a national, regional, or tribal basis, as

appropriate, taking into account the unique circumstances and

needs of such schools and the students served by such schools.

‘‘(2) The tribal governing body or school board of a school

funded by the Bureau of Indian Affairs may waive, in part

or in whole, the requirements established pursuant to para-

graph (1) where such requirements are determined by such

body or school board to be inappropriate. If such requirements

are waived, the tribal governing body or school board shall,

within 60 days, submit to the Secretary of Interior a proposal

for alternative standards, assessments, and an accountability

system, if applicable, consistent with section 1111, that takes

into account the unique circumstances and needs of such school

or schools and the students served. The Secretary of the Interior

and the Secretary shall approve such standards, assessments,

and accountability system unless the Secretary determines that

the standards, assessments, and accountability system do not

meet the requirements of section 1111, taking into account

the unique circumstances and needs of such school or schools

and the students served.

‘‘(3) T

ECHNICAL ASSISTANCE

.—The Secretary of Interior and

the Secretary shall, either directly or through a contract, pro-

vide technical assistance, upon request, to a tribal governing

body or school board of a school funded by the Bureau of

Indian Affairs that seeks a waiver under paragraph (2).’’.

SEC. 8008. DEPARTMENT STAFF.

Title VIII, as redesignated and amended by section 8001 of

this Act, is further amended by adding after section 8204 the

following:

‘‘SEC. 8205. DEPARTMENT STAFF.

‘‘The Secretary shall—

‘‘(1) not later than 60 days after the date of enactment

of the Every Student Succeeds Act, identify the number of

Department full-time equivalent employees who worked on or

administered each education program or project authorized

under this Act, as such program or project was in effect on

the day before such date of enactment, and publish such

information on the Department’s website;

‘‘(2) not later than 60 days after such date of enactment,

identify the number of full-time equivalent employees who

worked on or administered each program or project authorized

under this Act, as such program or project was in effect on

the day before such date of enactment, that has been eliminated

or consolidated since such date of enactment;

‘‘(3) not later than 1 year after such date of enactment,

reduce the workforce of the Department by the number of

20 USC 7825.

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129 STAT. 2102 PUBLIC LAW 114–95—DEC. 10, 2015

full-time equivalent employees the Department identified under

paragraph (2); and

‘‘(4) not later than 1 year after such date of enactment,

report to Congress on—

‘‘(A) the number of full-time equivalent employees asso-

ciated with each program or project authorized under this

Act and administered by the Department;

‘‘(B) the number of full-time equivalent employees who

were determined to be associated with eliminated or

consolidated programs or projects described in paragraph

(2);

‘‘(C) how the Secretary has reduced the number of

full-time equivalent employees as described in paragraph

(3);

‘‘(D) the average salary of the full-time equivalent

employees described in subparagraph (B) whose positions

were eliminated; and

‘‘(E) the average salary of the full-time equivalent

employees who work on or administer a program or project

authorized by the Department under this Act,

disaggregated by employee function within each such pro-

gram or project.’’.

SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

Section 8302(b)(1), as redesignated by section 8001 of this Act,

is amended by striking ‘‘nonprofit’’.

SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY

ASSURANCES.

Section 8304(a)(2), as redesignated by section 8001 of this Act,

is amended by striking ‘‘nonprofit’’ and inserting ‘‘eligible’’ each

place the term appears.

SEC. 8011. RURAL CONSOLIDATED PLAN.

Section 8305, as redesignated and amended by section 8001

of this Act, is amended by adding at the end the following:

‘‘(e) R

URAL

ONSOLIDATED

LAN

.—

‘‘(1) I

N GENERAL

.—Two or more eligible local educational

agencies, a consortium of eligible local educational service agen-

cies, or an educational service agency on behalf of eligible

local educational agencies may submit plans or applications

for 1 or more covered programs to the State educational agency

on a consolidated basis, if each eligible local educational agency

impacted elects to participate in the joint application or elects

to allow the educational service agency to apply on its behalf.

‘‘(2) E

LIGIBLE LOCAL EDUCATIONAL AGENCY

.—For the pur-

poses of this subsection, the term ‘eligible local educational

agency’ means a local educational agency that is an eligible

local educational agency under part B of title V.’’.

SEC. 8012. OTHER GENERAL ASSURANCES.

Section 8306(a), as redesignated and amended by section 8001

of this Act, is further amended—

(1) in the matter preceding paragraph (1), by striking

‘‘whether separately or pursuant to section 8305,’’; and

(2) in paragraph (2), by striking ‘‘nonprofit’’ each place

it appears and inserting ‘‘eligible’’.

20 USC 7846.

20 USC 7845.

20 USC 7844.

20 USC 7842.

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129 STAT. 2103 PUBLIC LAW 114–95—DEC. 10, 2015

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-

MENTS.

Section 8401, as redesignated by section 8001 of this Act, is

amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) I

ENERAL

.—

‘‘(1) R

EQUEST FOR WAIVER BY STATE OR INDIAN TRIBE

.—

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) L

OCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS

SUBMITTED THROUGH THE STATE

.—

‘‘(A) R

EQUEST FOR WAIVER BY LOCAL EDUCATIONAL

AGENCY

.—A local educational agency that receives funds

under a program authorized under this Act and desires

a waiver of any statutory or regulatory requirement of

this Act shall submit a request containing the information

described in subsection (b)(1) to the appropriate State edu-

cational agency. The State educational agency may then

submit the request to the Secretary if the State educational

agency determines the waiver appropriate.

‘‘(B) R

EQUEST FOR WAIVER BY SCHOOL

.—An elementary

school or secondary school that desires a waiver of any

statutory or regulatory requirement of this Act shall submit

a request containing the information described in sub-

section (b)(1) to the local educational agency serving the

school. The local educational agency may then submit the

request to the State educational agency in accordance with

subparagraph (A) if the local educational agency deter-

mines the waiver appropriate.

‘‘(3) R

ECEIPT OF WAIVER

.—Except as provided in subsection

(b)(4) or (c), the Secretary may waive any statutory or regu-

latory requirement of this Act for which a waiver request is

submitted to the Secretary pursuant to this subsection.’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘, local educational agency,’’

and inserting ‘‘, acting on its own behalf or on

behalf of a local educational agency in accordance

with subsection (a)(2),’’; and

(II) by inserting ‘‘, which shall include a plan’’

after ‘‘to the Secretary’’;

(ii) by redesignating subparagraph (E) as subpara-

graph (F);

(iii) by striking subparagraphs (B), (C), and (D)

and inserting the following:

‘‘(B) describes which Federal statutory or regulatory

requirements are to be waived;

‘‘(C) describes how the waiving of such requirements

will advance student academic achievement;

‘‘(D) describes the methods the State educational

agency, local educational agency, school, or Indian tribe

will use to monitor and regularly evaluate the effectiveness

of the implementation of the plan;

20 USC 7861.

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129 STAT. 2104 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) includes only information directly related to the

waiver request; and’’; and

(iv) in subparagraph (F), as redesignated by clause

(ii), by inserting ‘‘and, if the waiver relates to provisions

of subsections (b) or (h) of section 1111, describes how

the State educational agency, local educational agency,

school, or Indian tribe will maintain or improve trans-

parency in reporting to parents and the public on stu-

dent achievement and school performance, including

the achievement of the subgroups of students identified

in section 1111(b)(2)(B)(xi)’’ after ‘‘waivers are

requested’’;

(B) in paragraph (2)(B)(i)(II), by striking ‘‘(on behalf

of, and based on the requests of, local educational agencies)’’

and inserting ‘‘(on behalf of those agencies or on behalf

of, and based on the requests of, local educational agencies

in the State)’’;

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by

inserting ‘‘or on behalf of local educational agencies

in the State under subsection (a)(2),’’ after ‘‘acting

on its own behalf,’’; and

(II) by striking clauses (i) through (iii) and

inserting the following:

‘‘(i) provide the public and any interested local

educational agency in the State with notice and a

reasonable opportunity to comment and provide input

on the request, to the extent that the request impacts

the local educational agency;

‘‘(ii) submit the comments and input to the Sec-

retary, with a description of how the State addressed

the comments and input; and

‘‘(iii) provide notice and a reasonable time to com-

ment to the public and local educational agencies in

the manner in which the applying agency customarily

provides similar notice and opportunity to comment

to the public.’’; and

(ii) in subparagraph (B), by striking clauses (i)

and (ii) and inserting the following:

‘‘(i) the request shall be reviewed and approved

by the State educational agency in accordance with

subsection (a)(2) before being submitted to the Sec-

retary and be accompanied by the comments, if any,

of the State educational agency and the public; and

‘‘(ii) notice and a reasonable opportunity to com-

ment regarding the waiver request shall be provided

to the State educational agency and the public by

the agency requesting the waiver in the manner in

which that agency customarily provides similar notice

and opportunity to comment to the public.’’.

(D) by adding at the end the following:

‘‘(4) W

AIVER DETERMINATION

DEMONSTRATION

AND REVI

SION

.—

‘‘(A) I

N GENERAL

.—The Secretary shall issue a written

determination regarding the initial approval or disapproval

of a waiver request not more than 120 days after the

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129 STAT. 2105 PUBLIC LAW 114–95—DEC. 10, 2015

date on which such request is submitted. Initial disapproval

of such request shall be based on the determination of

the Secretary that—

‘‘(i) the waiver request does not meet the require-

ments of this section;

‘‘(ii) the waiver is not permitted under subsection

(c);

‘‘(iii) the description required under paragraph

(1)(C) in the plan provides insufficient information to

demonstrate that the waiving of such requirements

will advance student academic achievement consistent

with the purposes of this Act; or

‘‘(iv) the waiver request does not provide for ade-

quate evaluation to ensure review and continuous

improvement of the plan.

‘‘(B) W

AIVER DETERMINATION AND REVISION

.—Upon the

initial determination of disapproval under subparagraph

(A), the Secretary shall—

‘‘(i) immediately—

‘‘(I) notify the State educational agency, local

educational agency (through the State educational

agency), school (through the local educational

agency), or Indian tribe, as applicable, of such

determination; and

‘‘(II) provide detailed reasons for such deter-

mination in writing to the applicable entity under

subclause (I) to the public, such as posting in

a clear and easily accessible format to the Depart-

ment’s website;

‘‘(ii) offer the State educational agency, local edu-

cational agency (through the State educational agency),

school (through the local educational agency), or Indian

tribe an opportunity to revise and resubmit the waiver

request by a date that is not more than 60 days after

the date of such determination; and

‘‘(iii) if the Secretary determines that the resubmis-

sion under clause (ii) does not meet the requirements

of this section, at the request of the State educational

agency, local educational agency, school, or Indian

tribe, conduct a hearing not more than 30 days after

the date of such resubmission.

‘‘(C) W

AIVER DISAPPROVAL

.—The Secretary may ulti-

mately disapprove a waiver request if—

‘‘(i) the State educational agency, local educational

agency, school, 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 (through the State educational agency), school

(through the 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

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129 STAT. 2106 PUBLIC LAW 114–95—DEC. 10, 2015

section after a hearing conducted under subpara-

graph (B)(iii), if such a hearing is requested.

‘‘(D) E

XTERNAL 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)—

(A) in paragraph (1), by inserting ‘‘, Indian tribes’’

after ‘‘local educational agencies’’;

(B) in paragraph (8), by striking ‘‘subpart 1 of part

B of title V’’ and inserting ‘‘part C of title IV’’; and

lowing:

‘‘(9) the prohibitions—

‘‘(A) in subpart 2 of part F;

‘‘(B) regarding use of funds for religious worship or

instruction in section 8505; and

‘‘(C) regarding activities in section 8526; or’’;

(4) in subsection (d)—

(A) in the subsection heading, by adding ‘‘; L

IMITA

TIONS

’’ after ‘‘W

AIVER

’’;

(B) in paragraph (2), in the matter preceding subpara-

graph (A), by striking ‘‘Secretary determines’’ and inserting

‘‘State demonstrates’’; and

‘‘(3) S

PECIFIC LIMITATIONS

.—The Secretary shall not require

a State educational agency, local educational agency, school,

or Indian tribe, as a condition of approval of a waiver request,

to—

‘‘(A) include in, or delete from, such request, specific

academic standards, such as the Common Core State

Standards developed under the Common Core State Stand-

ards Initiative or any other standards common to a signifi-

cant number of States;

‘‘(B) use specific academic assessment instruments or

items, including assessments aligned to the standards

described in subparagraph (A); or

‘‘(C) include in, or delete from, such waiver request

any specific elements of—

‘‘(i) State academic standards;

‘‘(ii) academic assessments;

‘‘(iii) State accountability systems; or

‘‘(iv) teacher and school leader evaluation sys-

tems.’’;

(5) by striking subsection (e) and inserting the following:

‘‘(e) R

EPORTS

.—A State educational agency, local educational

agency, school, or Indian tribe receiving a waiver under this section

shall describe, as part of, and pursuant to, the required annual

reporting under section 1111(h)—

‘‘(1) the progress of schools covered under the provisions

of such waiver toward improving student academic achieve-

ment; and

‘‘(2) how the use of the waiver has contributed to such

progress.’’; and

(6) in subsection (f), by striking ‘‘if the Secretary deter-

mines’’ and all that follows through the period at the end

and inserting the following: ‘‘if, after notice and an opportunity

for a hearing, the Secretary—

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129 STAT. 2107 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) presents a rationale and supporting information

that clearly demonstrates that the waiver is not contrib-

uting to the progress of schools described in subsection

(e)(1); or

‘‘(B) determines that the waiver is no longer necessary

to achieve its original purposes.’’.

SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL

APPLICATIONS.

Title VIII, as amended and redesignated by section 8001 of

this Act, is further amended by inserting after section 8401 the

following:

‘‘PART E—APPROVAL AND DISAPPROVAL OF

STATE PLANS AND LOCAL APPLICATIONS

‘‘SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

‘‘(a) A

PPROVAL

.—A plan submitted by a State pursuant to sec-

tion 2101(d), 4103(c), 4203, or 8302 shall be approved by the Sec-

retary unless the Secretary makes a written determination (which

shall include the supporting information and rationale supporting

such 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 2101(d), 4103(c),

or 4203, or part C, respectively.

‘‘(b) D

ISAPPROVAL

ROCESS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall not finally dis-

approve a plan submitted under section 2101(d), 4103(c), 4203,

or 8302, except after giving the State educational agency notice

and an opportunity for a hearing.

‘‘(2) N

OTIFICATIONS

.—If the Secretary finds that the plan

is not in compliance, in whole or in part, with section 2101(d),

4103(c), or 4203, or part C, as applicable, the Secretary shall—

‘‘(A) immediately notify the State of such determina-

tion;

‘‘(B) provide a detailed description of the specific provi-

sions of the plan that the Secretary determines fail to

meet the requirements, in whole or in part, of such section

or part, as applicable;

‘‘(C) offer the State an opportunity to revise and

resubmit its plan within 45 days of such determination,

including the chance for the State to present supporting

information to clearly demonstrate that the State plan

meets the requirements of such section or part, as

applicable;

‘‘(D) provide technical assistance, upon request of the

State, in order to assist the State to meet the requirements

of such section or part, as applicable;

‘‘(E) conduct a hearing within 30 days of the plan’s

resubmission under subparagraph (C), unless a State

declines the opportunity for such hearing; and

‘‘(F) request additional information, only as to the non-

compliant provisions, needed to make the plan compliant.

‘‘(3) R

ESPONSE

.—If the State educational agency responds

to the Secretary’s notification described in paragraph (2)(A)

prior to the expiration of the 45-day period beginning on the

date on which the State educational agency received the

20 USC 7871.

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129 STAT. 2108 PUBLIC LAW 114–95—DEC. 10, 2015

notification, and resubmits the plan as described in paragraph

(2)(C), the Secretary shall approve such plan unless the Sec-

retary determines the plan does not meet the requirements

of section 2101(d), 4103(c), or 4203, or part C, as applicable.

‘‘(4) F

AILURE TO RESPOND

.—If the State educational agency

does not respond to the Secretary’s notification described in

paragraph (2)(A) prior to the expiration of the 45-day period

beginning on the date on which the State educational agency

received the notification, such plan shall be deemed to be dis-

approved.

‘‘(c) L

IMITATION

.—A plan submitted under section 2101(d),

4103(c), 4203, or 8302 shall not be approved or disapproved based

upon the nature of the activities proposed within such plan if

such proposed activities meet the applicable program requirements.

‘‘(d) P

EER

REVIEW

EQUIREMENTS

.—Notwithstanding any other

requirements of this part, the Secretary shall ensure that any

portion of a consolidated State plan that is related to part A

of title I is subject to the peer-review process described in section

1111(a)(4).

‘‘SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL

AGENCY APPLICATIONS.

‘‘(a) A

PPROVAL

.—An application submitted by a local edu-

cational agency pursuant to section 2102(b), 4106, 4204(b) or 8305,

shall be approved by the State educational agency unless the State

educational agency makes a written determination (which shall

include the supporting information and rationale for such deter-

mination), 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

2102(b), 4106, or 4204(b), or part C, respectively.

‘‘(b) D

ISAPPROVAL

ROCESS

.—

‘‘(1) I

N GENERAL

.—The State educational agency shall not

finally disapprove an application submitted under section

2102(b), 4106, 4204(b) or 8305 except after giving the local

educational agency notice and opportunity for a hearing.

‘‘(2) N

OTIFICATIONS

.—If the State educational agency finds

that the application submitted under section 2102(b), 4106,

4204(b) or 8305 is not in compliance, in whole or in part,

with section 2102(b), 4106, or 4204(b), or part C, respectively,

the State educational agency shall—

‘‘(A) immediately notify the local educational agency

of such determination;

‘‘(B) provide a detailed description of the specific provi-

sions of the application that the State determines fail to

meet the requirements, in whole or in part, of such section

or part, as applicable;

‘‘(C) offer the local educational agency an opportunity

to revise and resubmit its application within 45 days of

such determination, including the chance for the local edu-

cational agency to present supporting information to clearly

demonstrate that the application meets the requirements

of such section or part;

‘‘(D) provide technical assistance, upon request of the

local educational agency, in order to assist the local edu-

cational agency to meet the requirements of such section

or part, as applicable;

20 USC 7872.

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129 STAT. 2109 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(E) conduct a hearing within 30 days of the applica-

tion’s resubmission under subparagraph (C), unless a local

educational agency declines the opportunity for such a

hearing; and

‘‘(F) request additional information, only as to the non-

compliant provisions, needed to make the application

compliant.

‘‘(3) R

ESPONSE

.—If the local educational agency responds

to the State educational agency’s notification described in para-

graph (2)(A) prior to the expiration of the 45-day period begin-

ning on the date on which the local educational agency received

the notification, and resubmits the application as described

in paragraph (2)(C), the State educational agency shall approve

such application unless the State educational agency deter-

mines the application does not meet the requirements of this

part.

‘‘(4) F

AILURE TO RESPOND

.—If the local educational agency

does not respond to the State educational agency’s notification

described in paragraph (2)(A) prior to the expiration of the

45-day period beginning on the date on which the local edu-

cational agency received the notification, such application shall

be deemed to be disapproved.’’.

SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.

Section 8501, as redesignated by section 8001 of this Act, is

amended—

(1) in subsection (a)—

(A) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) S

PECIAL RULE

.—

‘‘(A) I

N GENERAL

.—Educational services and other

benefits provided under this section for private school chil-

dren, teachers, and other educational personnel shall be

equitable in comparison to services and other benefits for

public school children, teachers, and other educational per-

sonnel participating in the program and shall be provided

in a timely manner.

‘‘(B) O

MBUDSMAN

.—To help ensure equitable services

are provided to private school children, teachers, and other

educational personnel under this section, the State edu-

cational agency involved shall direct the ombudsman des-

ignated by the agency under section 1117 to monitor and

enforce the requirements of this section.’’; and

(B) by striking paragraph (4) and inserting the fol-

lowing:

‘‘(4) E

XPENDITURES

.—

‘‘(A) I

N GENERAL

.—Expenditures for educational serv-

ices and other benefits provided under this section for

eligible private school children, their teachers, and other

educational personnel serving those children shall be equal,

taking into account the number and educational needs

of the children to be served, to the expenditures for partici-

pating public school children.

‘‘(B) O

BLIGATION OF FUNDS

.—Funds allocated to a local

educational agency for educational services and other bene-

fits to eligible private school children shall be obligated

20 USC 7881.

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129 STAT. 2110 PUBLIC LAW 114–95—DEC. 10, 2015

in the fiscal year for which the funds are received by

the agency.

‘‘(C) N

OTICE OF ALLOCATION

.—Each State educational

agency shall provide notice in a timely manner to the

appropriate private school officials in the State of the

allocation of funds for educational services and other bene-

fits under this subpart that the local educational agencies

have determined are available for eligible private school

children.’’.

(2) in subsection (b)—

(A) in paragraph (1), by striking subparagraphs (A)

through (H) and inserting the following:

‘‘(A) part C of title I;

‘‘(B) part A of title II;

‘‘(C) part A of title III;

‘‘(D) part A of title IV; and

‘‘(E) part B of title IV.’’; and

(B) by striking paragraph (3); and

(3) in subsection (c)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘To ensure’’ and all that follows through ‘‘such

as’’ and inserting ‘‘To ensure timely and meaningful con-

sultation, a State educational agency, local educational

agency, educational service agency, consortium of those

agencies, or entity shall consult with appropriate private

school officials. Such agency and private school officials

shall both have the goal of reaching agreement on how

to provide equitable and effective programs for eligible

private school children, on issues such as’’;

(B) in paragraph (1)—

(i) in subparagraph (E)—

(I) by striking ‘‘and the amount’’ and inserting

‘‘, the amount’’; and

(II) by striking ‘‘services; and’’ and inserting

‘‘services, and how that amount is determined;’’;

(ii) in subparagraph (F)—

(I) by striking ‘‘contract’’ after ‘‘provision of’’;

and

(II) by striking the period at the end and

inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(G) whether the agency, consortium, or entity shall

provide services directly or through a separate government

agency, consortium, or entity, or through a third-party

contractor; and

‘‘(H) whether to provide equitable services to eligible

private school children—

‘‘(i) by creating a pool or pools of funds with all

of the funds allocated under subsection (a)(4)(C) based

on all the children from low-income families in a

participating school attendance area who attend pri-

vate schools; or

‘‘(ii) in the agency’s participating school attendance

area who attend private schools with the proportion

of funds allocated under subsection (a)(4)(C) based on

the number of children from low-income families who

attend private schools.’’; and

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129 STAT. 2111 PUBLIC LAW 114–95—DEC. 10, 2015

(4) by adding at the end the following:

‘‘(5) D

OCUMENTATION

.—Each local educational agency shall

maintain in the agency’s records, and provide to the State

educational agency involved, a written affirmation signed by

officials of each participating private school that the meaningful

consultation required by this section has occurred. The written

affirmation shall provide the option for private school officials

to indicate such officials’ belief that timely and meaningful

consultation has not occurred or that the program design is

not equitable with respect to eligible private school children.

If such officials do not provide such affirmation within a reason-

able period of time, the local educational agency shall forward

the documentation that such consultation has, or attempts at

such consultation have, taken place to the State educational

agency.

‘‘(6) C

OMPLIANCE

.—

‘‘(A) I

N GENERAL

.—If the consultation required under

this section is with a local educational agency or edu-

cational service agency, a private school official shall have

the right to file a complaint with the State educational

agency that the consultation required under this section

was not meaningful and timely, did not give due consider-

ation to the views of the private school official, or did

not make a decision that treats the private school or its

students equitably as required by this section.

‘‘(B) P

ROCEDURE

.—If the private school official wishes

to file a complaint, the private school official shall provide

the basis of the noncompliance and all parties shall provide

the appropriate documentation to the appropriate officials.

‘‘(C) S

ERVICES

.—A State educational agency shall pro-

vide services under this section directly or through con-

tracts with public and private agencies, organizations, and

institutions, if the appropriate private school officials

have—

‘‘(i) requested that the State educational agency

provide such services directly; and

‘‘(ii) demonstrated that the local educational

agency involved has not met the requirements of this

section in accordance with the procedures for making

such a request, as prescribed by the State educational

agency.’’.

SEC. 8016. STANDARDS FOR BY-PASS.

Section 8502(a)(2), as redesignated and amended by section

8001 of this Act, is further amended by striking ‘‘9503, and 9504’’

and inserting ‘‘8503, and 8504’’.

SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE

SCHOOL CHILDREN.

Section 8503, as redesignated and amended by section 8001

of this Act, is further amended by striking subsections (a) and

(b) and inserting the following:

‘‘(a) P

ROCEDURES FOR

OMPLAINTS

.—The Secretary shall

develop and implement written procedures for receiving, inves-

tigating, and resolving complaints from parents, teachers, or other

individuals and organizations concerning violations of section 8501

by a State educational agency, local educational agency, educational

20 USC 7883.

20 USC 7882.

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129 STAT. 2112 PUBLIC LAW 114–95—DEC. 10, 2015

service agency, consortium of those agencies, or entity. The indi-

vidual or organization shall submit the complaint to the State

educational agency for a written resolution by the State educational

agency within 45 days.

‘‘(b) A

PPEALS TO

ECRETARY

.—The resolution may be appealed

by an interested party to the Secretary not later than 30 days

after the State educational agency resolves the complaint or fails

to resolve the complaint within the 45-day time limit. The appeal

shall be accompanied by a copy of the State educational agency’s

resolution, and, if there is one, a complete statement of the reasons

supporting the appeal. The Secretary shall investigate and resolve

the appeal not later than 90 days after receipt of the appeal.’’.

SEC. 8018. BY-PASS DETERMINATION PROCESS.

Section 8504(a)(1)(A), as redesignated by section 8001 of this

Act, is amended by striking ‘‘9502’’ and inserting ‘‘8502’’.

SEC. 8019. MAINTENANCE OF EFFORT.

Section 8521, as redesignated by section 8001 of this Act, is

amended—

(1) in subsection (a), by inserting ‘‘, subject to the require-

ments of subsection (b)’’ after ‘‘for the second preceding fiscal

year’’;

(2) in subsection (b)(1), by inserting before the period at

the end the following: ‘‘, if such local educational agency has

also failed to meet such requirement (as determined using

the measure most favorable to the local agency) for 1 or more

of the 5 immediately preceding fiscal years’’; and

(3) in subsection (c)(1), by inserting ‘‘or a change in the

organizational structure of the local educational agency’’ after

‘‘, such as a natural disaster’’.

SEC. 8020. PROHIBITION REGARDING STATE AID.

Section 8522, as redesignated by section 8001 of this Act, is

amended by striking ‘‘title VIII’’ and inserting ‘‘title VII’’.

SEC. 8021. SCHOOL PRAYER.

Section 8524(a), as redesignated by section 8001 of this Act,

is amended by striking ‘‘on the Internet’’ and inserting ‘‘by electronic

means, including by posting the guidance on the Department’s

website in a clear and easily accessible manner’’.

SEC. 8022. PROHIBITED USES OF FUNDS.

Section 8526, as redesignated by section 8001 of this Act, is

amended—

(1) by striking the section heading and inserting ‘‘

PROHIB

ITED USES OF FUNDS

’’;

(2) in subsection (a)—

(A) by redesignating paragraphs (1) through (4) as

paragraphs (3) through (6), respectively; and

(B) by inserting before paragraph (3) (as redesignated

by subparagraph (A)) the following:

‘‘(1) for construction, renovation, or repair of any school

facility, except as authorized under this Act;

‘‘(2) for transportation unless otherwise authorized under

this Act;’’;

20 USC 7906.

20 USC 7904.

20 USC 7902.

20 USC 7901.

20 USC 7884.

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129 STAT. 2113 PUBLIC LAW 114–95—DEC. 10, 2015

(3) by striking ‘‘(a)P

ROHIBITION

.—None of the funds author-

ized under this Act shall be used’’ and inserting ‘‘No funds

under this Act may be used’’; and

(4) by striking subsection (b).

SEC. 8023. PROHIBITIONS.

Title VIII, as redesignated and amended by section 8001 of

this Act, is further amended by inserting after section 8526 the

following:

‘‘SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘(a) I

ENERAL

.—No officer or employee of the Federal Govern-

ment shall, through grants, contracts, or other cooperative agree-

ments, mandate, direct, or control a State, local educational agency,

or school’s specific instructional content, academic standards and

assessments, curricula, or program of instruction developed and

implemented to meet the requirements of this Act (including any

requirement, direction, or mandate to adopt the Common Core

State Standards developed under the Common Core State Stand-

ards Initiative, any other academic standards common to a signifi-

cant number of States, or any assessment, instructional content,

or curriculum aligned to such standards), nor shall anything in

this Act be construed to authorize such officer or employee to

do so.

‘‘(b) F

INANCIAL

UPPORT

.—No officer or employee of the Federal

Government shall condition or incentivize the receipt of any grant,

contract, or cooperative agreement, the receipt of any priority or

preference under such grant, contract, or cooperative agreement,

or the receipt of a waiver under section 8401 upon a State, local

educational agency, or school’s adoption or implementation of spe-

cific instructional content, academic standards and assessments,

curricula, or program of instruction developed and implemented

to meet the requirements of this Act (including any condition,

priority, or preference to adopt the Common Core State Standards

developed under the Common Core State Standards Initiative, any

other academic standards common to a significant number of States,

or any assessment, instructional content, or curriculum aligned

to such standards).’’.

SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF

FEDERAL FUNDS.

Section 8527, as redesignated by section 8001 of this Act, is

amended to read as follows:

‘‘SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF

FEDERAL FUNDS.

‘‘(a) G

ENERAL

ROHIBITION

.—Nothing in this Act shall be con-

strued to authorize an officer or employee of the Federal Govern-

ment, including through a grant, contract, or cooperative agreement,

to mandate, direct, or control a State, local educational agency,

or school’s curriculum, program of instruction, or allocation of State

or local resources, or mandate a State or any subdivision thereof

to spend any funds or incur any costs not paid for under this

Act.

‘‘(b) P

ROHIBITION ON

NDORSEMENT OF

URRICULUM

.—Notwith-

standing any other provision of Federal law, no funds provided

to the Department under this Act may be used by the Department,

20 USC 7907.

20 USC 7906a.

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129 STAT. 2114 PUBLIC LAW 114–95—DEC. 10, 2015

whether through a grant, contract, or cooperative agreement, to

endorse, approve, develop, require, or sanction any curriculum,

including any curriculum aligned to the Common Core State Stand-

ards developed under the Common Core State Standards Initiative

or any other academic standards common to a significant number

of States, designed to be used in an elementary school or secondary

school.

‘‘(c) L

OCAL

ONTROL

.—Nothing in this section shall be construed

to—

‘‘(1) authorize an officer or employee of the Federal Govern-

ment, whether through a grant, contract, or cooperative agree-

ment to mandate, direct, review, or control a State, local edu-

cational agency, or school’s instructional content, curriculum,

and related activities;

‘‘(2) limit the application of the General Education Provi-

sions Act (20 U.S.C. 1221 et seq.);

‘‘(3) require the distribution of scientifically or medically

false or inaccurate materials or to prohibit the distribution

of scientifically or medically true or accurate materials; or

‘‘(4) create any legally enforceable right.

‘‘(d) P

ROHIBITION ON

EQUIRING

EDERAL

PPROVAL OR

ERTIFI

CATION OF

TANDARDS

.—

‘‘(1) I

N GENERAL

.—Notwithstanding any other provision of

Federal law, no State shall be required to have academic stand-

ards approved or certified by the Federal Government, in order

to receive assistance under this Act.

‘‘(2) R

ULE OF CONSTRUCTION

.—Nothing in this Act shall

be construed to prohibit a State, local educational agency, or

school from using funds provided under this Act for the develop-

ment or implementation of any instructional content, academic

standards, academic assessments, curriculum, or program of

instruction that a State, local educational agency, or school

chooses, as permitted under State and local law, as long as

the use of such funds is consistent with the terms of the

grant, contract, or cooperative agreement providing such funds.

‘‘(3) B

UILDING STANDARDS

.—Nothing in this Act shall be

construed to mandate national school building standards for

a State, local educational agency, or school.’’.

SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND

STUDENT RECRUITING INFORMATION.

Section 8528, as redesignated by section 8001 of this Act, is

amended by striking subsections (a) through (d) and inserting the

following:

‘‘(a) P

OLICY

.—

‘‘(1) A

CCESS TO STUDENT RECRUITING INFORMATION

.—Not-

withstanding section 444(a)(5)(B) of the General Education

Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational

agency receiving assistance under this Act shall provide, upon

a request made by a military recruiter or an institution of

higher education, access to the name, address, and telephone

listing of each secondary school student served by the local

educational agency, unless the parent of such student has sub-

mitted the prior consent request under paragraph (2).

‘‘(2) C

ONSENT

.—

20 USC 7908.

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129 STAT. 2115 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(A) O

OUT PROCESS

.—A parent of a secondary school

student may submit a written request, to the local edu-

cational agency, that the student’s name, address, and

telephone listing not be released for purposes of paragraph

(1) without prior written consent of the parent. Upon

receiving such request, the local educational agency may

not release the student’s name, address, and telephone

listing for such purposes without the prior written consent

of the parent.

‘‘(B) N

OTIFICATION OF OPT

OUT PROCESS

.—Each local

educational agency shall notify the parents of the students

served by the agency of the option to make a request

described in subparagraph (A).

‘‘(3) S

AME ACCESS TO STUDENTS

.—Each local educational

agency receiving assistance under this Act shall provide mili-

tary recruiters the same access to secondary school students

as is provided to institutions of higher education or to prospec-

tive employers of those students.

‘‘(4) R

ULE OF CONSTRUCTION PROHIBITING OPT

IN PROC

ESSES

.—Nothing in this subsection shall be construed to allow

a local educational agency to withhold access to a student’s

name, address, and telephone listing from a military recruiter

or institution of higher education by implementing an opt-

in process or any other process other than the written consent

request process under paragraph (2)(A).

‘‘(5) P

ARENTAL CONSENT

.—For purposes of this subsection,

whenever a student has attained 18 years of age, the permission

or consent required of and the rights accorded to the parents

of the student shall only be required of and accorded to the

student.

‘‘(b) N

OTIFICATION

.—The Secretary, in consultation with the

Secretary of Defense, shall, not later than 120 days after the date

of the enactment of the Every Student Succeeds Act, notify school

leaders, school administrators, and other educators about the

requirements of this section.

‘‘(c) E

XCEPTION

.—The requirements of this section do not apply

to a private secondary school that maintains a religious objection

to service in the Armed Forces if the objection is verifiable through

the corporate or other organizational documents or materials of

that school.’’.

SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.

Section 8529, as redesignated by section 8001 of this Act, is

amended to read as follows:

‘‘SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

‘‘(a) G

ENERAL

ROHIBITION

.—Notwithstanding any other provi-

sion of Federal law and except as provided in subsection (b), no

funds provided under this Act to the Secretary or to the recipient

of any award may be used to develop, incentivize, pilot test, field

test, implement, administer, or distribute any federally sponsored

national test in reading, mathematics, or any other subject, unless

specifically and explicitly authorized by law, including any assess-

ment or testing materials aligned to the Common Core State Stand-

ards developed under the Common Core State Standards Initiative

or any other academic standards common to a significant number

of States.

20 USC 7909.

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129 STAT. 2116 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) E

XCEPTIONS

.—Subsection (a) shall not apply to inter-

national comparative assessments developed under the authority

of section 153(a)(6) of the Education Sciences Reform Act of 2002

(20 U.S.C. 9543(a)(6)) and administered to only a representative

sample of pupils in the United States and in foreign nations.’’.

SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION

FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL

LEADERS.

Section 8530, as redesignated by section 8001 of this Act, is

amended—

(1) in the section heading, by inserting ‘‘,

PRINCIPALS

OR OTHER SCHOOL LEADERS

’’ after ‘‘

TEACHERS

’’;

(2) in the subsection heading, by inserting ‘‘, P

RINCIPALS

THER

CHOOL

EADERS

’’ after ‘‘T

EACHERS

’’; and

(3) in subsection (a)—

(A) by inserting ‘‘, principals, other school leaders,’’

after ‘‘teachers’’; and

(B) by inserting ‘‘, or incentive regarding,’’ after

‘‘administration of’’.

SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

Title VIII, as redesignated and amended by section 8001 of

this Act, is further amended by inserting after section 8530 the

following:

‘‘SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION.

‘‘Any State that opts out of receiving funds, or that has not

been awarded funds, under one or more programs under this Act

shall not be required to carry out any of the requirements of

such program or programs, and nothing in this Act shall be con-

strued to require a State to participate in any program under

this Act.’’.

SEC. 8029. CIVIL RIGHTS.

Section 8534(b), as redesignated by section 8001 of this Act,

is amended—

(1) by striking ‘‘as defined in section 1116 of title I and

part B of title V’’ and inserting ‘‘as defined in section 1111(d)

of title I and part C of title IV’’; and

(2) by striking ‘‘grant under section 1116 of title I or

part B of title V’’ and inserting ‘‘grant under section 1111(d)

of title I or part C of title IV’’.

SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL

ORGANIZATIONS.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL

ORGANIZATIONS.

‘‘(a) I

ENERAL

.—To ensure timely and meaningful consulta-

tion on issues affecting American Indian and Alaska Native stu-

dents, an affected local educational agency shall consult with appro-

priate officials from Indian tribes or tribal organizations approved

by the tribes located in the area served by the local educational

agency prior to the affected local educational agency’s submission

of a required plan or application for a covered program under

20 USC 7918.

20 USC 7914.

20 USC 7910a.

20 USC 7910.

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129 STAT. 2117 PUBLIC LAW 114–95—DEC. 10, 2015

this Act or for a program under title VI of this Act. Such consulta-

tion shall be done in a manner and in such time that provides

the opportunity for such appropriate officials from Indian tribes

or tribal organizations to meaningfully and substantively contribute

to such plan.

‘‘(b) D

OCUMENTATION

.—Each affected local educational agency

shall maintain in the agency’s records and provide to the State

educational agency a written affirmation signed by the appropriate

officials of the participating tribes or tribal organizations approved

by the tribes that the consultation required by this section has

occurred. If such officials do not provide such affirmation within

a reasonable period of time, the affected local educational agency

shall forward documentation that such consultation has taken place

to the State educational agency.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) A

FFECTED LOCAL EDUCATIONAL AGENCY

.—The term

‘affected local educational agency’ means a local educational

agency—

‘‘(A) with an enrollment of American Indian or Alaska

Native students that is not less than 50 percent of the

total enrollment of the local educational agency; or

‘‘(B) that—

‘‘(i) for fiscal year 2017, received a grant in the

previous year under subpart 1 of part A of title VII

(as such subpart was in effect on the day before the

date of enactment of the Every Student Succeeds Act)

that exceeded $40,000; or

‘‘(ii) for any fiscal year following fiscal year 2017,

received a grant in the previous fiscal year under sub-

part 1 of part A of title VI that exceeded $40,000.

‘‘(2) A

PPROPRIATE OFFICIALS

.—The term ‘appropriate offi-

cials’ means—

‘‘(A) tribal officials who are elected; or

‘‘(B) appointed tribal leaders or officials designated

in writing by an Indian tribe for the specific consultation

purpose under this section.

‘‘(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall

be construed—

‘‘(1) to require the local educational agency to determine

who are the appropriate officials; or

‘‘(2) to make the local educational agency liable for consulta-

tion with appropriate officials that the tribe determines not

to be the correct appropriate officials.

‘‘(e) L

IMITATION

.—Consultation required under this section shall

not interfere with the timely submission of the plans or applications

required under this Act.’’.

SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL

LOCAL EDUCATIONAL AGENCIES.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL

LOCAL EDUCATIONAL AGENCIES.

‘‘(a) O

UTREACH

.—The Secretary shall engage in outreach to

rural local educational agencies regarding opportunities to apply

for competitive grant programs under this Act.

20 USC 7919.

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129 STAT. 2118 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(b) T

ECHNICAL

SSISTANCE

.—If requested to do so, the Sec-

retary shall provide technical assistance to rural local educational

agencies with locale codes 32, 33, 41, 42, or 43, or an educational

service agency representing rural local educational agencies with

locale codes 32, 33, 41, 42, or 43 on applications or pre-applications

for any competitive grant program under this Act. No rural local

educational agency or educational service agency shall be required

to request technical assistance or include any technical assistance

provided by the Secretary in any application.’’.

SEC. 8032. CONSULTATION WITH THE GOVERNOR.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8540. CONSULTATION WITH THE GOVERNOR.

‘‘(a) I

ENERAL

.—A State educational agency shall consult

in a timely and meaningful manner with the Governor, or appro-

priate officials from the Governor’s office, in the development of

State plans under titles I and II and section 8302.

‘‘(b) T

IMING

.—The consultation described in subsection (a) shall

include meetings of officials from the State educational agency

and the Governor’s office and shall occur—

‘‘(1) during the development of such plan; and

‘‘(2) prior to submission of the plan to the Secretary.

‘‘(c) J

OINT

IGNATURE

UTHORITY

.—A Governor shall have 30

days prior to the State educational agency submitting the State

plan under title I or II or section 8302 to the Secretary to sign

such plan. If the Governor has not signed the plan within 30

days of delivery by the State educational agency to the Governor,

the State educational agency shall submit the plan to the Secretary

without such signature.’’.

SEC. 8033. LOCAL GOVERNANCE.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8541. LOCAL GOVERNANCE.

‘‘(a) R

ULE OF

ONSTRUCTION

.—Nothing in this Act shall be

construed to allow the Secretary to—

‘‘(1) exercise any governance or authority over school

administration, including the development and expenditure of

school budgets, unless otherwise authorized under this Act;

‘‘(2) issue any regulation without first complying with the

rulemaking requirements of section 553 of title 5, United States

Code; or

‘‘(3) issue any nonregulatory guidance without first, to the

extent feasible, considering input from stakeholders.

‘‘(b) A

UTHORITY

NDER

THER

.—Nothing in subsection

(a) shall be construed to affect any authority the Secretary has

under any other Federal law.’’.

SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND

FROM SCHOOL.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

20 USC 7921.

20 USC 7920.

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129 STAT. 2119 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND

FROM SCHOOL.

‘‘(a) I

ENERAL

.—Subject to subsection (b), nothing in this

Act shall authorize the Secretary to, or shall be construed to—

‘‘(1) prohibit a child from traveling to and from school

on foot or by car, bus, or bike when the parents of the child

have given permission; or

‘‘(2) expose parents to civil or criminal charges for allowing

their child to responsibly and safely travel to and from school

by a means the parents believe is age appropriate.

‘‘(b) N

REEMPTION OF

TATE OR

OCAL

AWS

.—Notwith-

standing subsection (a), nothing in this section shall be construed

to preempt State or local laws.’’.

SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

‘‘Notwithstanding section 8102, funds used for activities under

this Act shall be carried out in accordance with the provision

of section 399z–1(a)(3)(C) of the Public Health Service Act (42

U.S.C. 280h–5(a)(3)(C)).’’.

SEC. 8036. STATE CONTROL OVER STANDARDS.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8544. STATE CONTROL OVER STANDARDS.

‘‘(a) I

ENERAL

.—Nothing in this Act shall be construed to

prohibit a State from withdrawing from the Common Core State

Standards or from otherwise revising their standards.

‘‘(b) P

ROHIBITION

.—No officer or employee of the Federal

Government shall, directly or indirectly, through grants, contracts

or other cooperative agreements, through waiver granted under

section 8401 or through any other authority, take any action against

a State that exercises its rights under subsection (a).’’.

SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

‘‘(a) F

INDINGS

.—The Congress finds as follows:

‘‘(1) Students’ personally identifiable information is impor-

tant to protect.

‘‘(2) Students’ information should not be shared with

individuals other than school officials in charge of educating

those students without clear notice to parents.

‘‘(3) With the use of more technology, and more research

about student learning, the responsibility to protect students’

personally identifiable information is more important than ever.

‘‘(4) Regulations allowing more access to students’ personal

information could allow that information to be shared or sold

20 USC 7925.

20 USC 7924.

20 USC 7923.

20 USC 7922.

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129 STAT. 2120 PUBLIC LAW 114–95—DEC. 10, 2015

by individuals who do not have the best interest of the students

in mind.

‘‘(5) The Secretary has the responsibility to ensure every

entity that receives funding under this Act holds any personally

identifiable information in strict confidence.

‘‘(b) S

ENSE OF

ONGRESS

.—It is the sense of the Congress

that the Secretary should review all regulations addressing issues

of student privacy, including those under this Act, and ensure

that students’ personally identifiable information is protected.’’.

SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

‘‘(a) I

ENERAL

.—A State, State educational agency, or local

educational agency in the case of a local educational agency that

receives Federal funds under this Act shall have laws, regulations,

or policies that prohibit any individual who is a school employee,

contractor, or agent, or any State educational agency or local edu-

cational agency, from assisting a school employee, contractor, or

agent in obtaining a new job, apart from the routine transmission

of administrative and personnel files, if the individual or agency

knows, or has probable cause to believe, that such school employee,

contractor, or agent engaged in sexual misconduct regarding a

minor or student in violation of the law.

‘‘(b) E

XCEPTION

.—The requirements of subsection (a) shall not

apply if the information giving rise to probable cause—

‘‘(1)(A) has been properly reported to a law enforcement

agency with jurisdiction over the alleged misconduct; and

‘‘(B) has been properly reported to any other authorities

as required by Federal, State, or local law, including title

IX of the Education Amendments of 1972 (20 U.S.C. 1681

et seq.) and the regulations implementing such title under

part 106 of title 34, Code of Federal Regulations, or any suc-

ceeding regulations; and

‘‘(2)(A) the matter has been officially closed or the pros-

ecutor or police with jurisdiction over the alleged misconduct

has investigated the allegations and notified school officials

that there is insufficient information to establish probable cause

that the school employee, contractor, or agent engaged in sexual

misconduct regarding a minor or student in violation of the

law;

‘‘(B) the school employee, contractor, or agent has been

charged with, and acquitted or otherwise exonerated of the

alleged misconduct; or

‘‘(C) the case or investigation remains open and there have

been no charges filed against, or indictment of, the school

employee, contractor, or agent within 4 years of the date on

which the information was reported to a law enforcement

agency.

‘‘(c) P

ROHIBITION

.—The Secretary shall not have the authority

to mandate, direct, or control the specific measures adopted by

a State, State educational agency, or local educational agency under

this section.

‘‘(d) C

ONSTRUCTION

.—Nothing in this section shall be construed

to prevent a State from adopting, or to override a State law,

20 USC 7926.

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129 STAT. 2121 PUBLIC LAW 114–95—DEC. 10, 2015

regulation, or policy that provides, greater or additional protections

to prohibit any individual who is a school employee, contractor,

or agent, or any State educational agency or local educational

agency, from assisting a school employee who engaged in sexual

misconduct regarding a minor or student in violation of the law

in obtaining a new job.’’.

SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOV-

EREIGNTY OVER PUBLIC EDUCATION.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOV-

EREIGNTY OVER PUBLIC EDUCATION.

‘‘It is the Sense of Congress that State and local officials should

be consulted and made aware of the requirements that accompany

participation in activities authorized under this Act prior to a

State or local educational agency’s request to participate in such

activities.’’.

SEC. 8040. PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8548. PRIVACY.

‘‘The Secretary shall require an assurance that each grantee

receiving funds under this Act understands the importance of pri-

vacy protections for students and is aware of the responsibilities

of the grantee under section 444 of the General Education Provi-

sions Act (20 U.S.C. 1232g) (commonly known as the ‘Family Edu-

cation Rights and Privacy Act of 1974’).’’.

SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS;

TECHNICAL ASSISTANCE.

Subpart 2 of part F of title VIII, as amended and redesignated

by section 8001 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL

GUIDANCE.

‘‘The Secretary shall develop procedures for the approval and

periodic review of significant guidance documents that include—

‘‘(1) appropriate approval processes within the Department;

‘‘(2) appropriate identification of the agency or office issuing

the documents, the activities to which and the persons to whom

the documents apply, and the date of issuance;

‘‘(3) a publicly available list to identify those significant

guidance documents that were issued, revised, or withdrawn

within the past year; and

‘‘(4) an opportunity for the public to request that an agency

modify or rescind an existing significant guidance document.

‘‘SEC. 8549A SENSE OF CONGRESS.

‘‘(a) F

INDINGS

.—The Congress finds as follows:

‘‘(1) This Act prohibits the Federal Government from man-

dating, directing, or controlling a State, local educational

20 USC 7930.

20 USC 7929.

20 USC 7928.

20 USC 7927.

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129 STAT. 2122 PUBLIC LAW 114–95—DEC. 10, 2015

agency, or school’s curriculum, program of instruction, or alloca-

tion of State and local resources, and from mandating a State

or any subdivision thereof to spend any funds or incur any

costs not paid for under this Act.

‘‘(2) This Act prohibits the Federal Government from

funding the development, pilot testing, field testing,

implementation, administration, or distribution of any federally

sponsored national test in reading, mathematics, or any other

subject, unless specifically and explicitly authorized by law.

‘‘(b) S

ENSE OF

ONGRESS

.—It is the sense of the Congress

that States and local educational agencies retain the rights and

responsibilities of determining educational curriculum, programs

of instruction, and assessments for elementary and secondary edu-

cation.

‘‘SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD

CARE.

‘‘It is the Sense of the Congress that a State retains the right

to make decisions, free from Federal intrusion, concerning its

system of early learning and child care, and whether or not to

use funding under this Act to offer early childhood education pro-

grams. Such systems should continue to include robust choice for

parents through a mixed delivery system of services so parents

can determine the right early learning and child care option for

their children. States, while protecting the rights of early learning

and child care providers, retain the right to make decisions that

shall include the age at which to set compulsory attendance in

school, the content of a State’s early learning guidelines, and how

to determine quality in programs.

‘‘SEC. 8549C. TECHNICAL ASSISTANCE.

‘‘If requested by a State or local educational agency, a regional

educational laboratory under part D of the Education Sciences

Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical

assistance to such State or local educational agency in meeting

the requirements of section 8101(21).’’.

SEC. 8042. EVALUATIONS.

Section 8601, as redesignated by section 8001 of this Act, is

amended to read as follows:

‘‘SEC. 8601. EVALUATIONS.

‘‘(a) R

ESERVATION OF

UNDS

.—Except as provided in subsection

(b) and (e), the Secretary, in consultation with the Director of

the Institute of Education Sciences, may reserve not more than

0.5 percent of the amount appropriated for each program authorized

under this Act to carry out activities under this section. If the

Secretary elects to make a reservation under this subsection, the

reserved amounts—

‘‘(1) shall first be used by the Secretary, acting through

the Director of the Institute of Education Sciences, to—

‘‘(A) conduct comprehensive, high-quality evaluations

of the programs that—

‘‘(i) are consistent with the evaluation plan under

subsection (d); and

‘‘(ii) primarily include impact evaluations that use

experimental or quasi-experimental designs, where

20 USC 7981.

20 USC 7932.

20 USC 7931.

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129 STAT. 2123 PUBLIC LAW 114–95—DEC. 10, 2015

practicable and appropriate, and other rigorous meth-

odologies that permit the strongest possible causal

inferences;

‘‘(B) conduct studies of the effectiveness of the pro-

grams and the administrative impact of the programs on

schools and local educational agencies; and

‘‘(C) widely disseminate evaluation findings under this

section related to programs authorized under this Act—

‘‘(i) in a timely fashion;

‘‘(ii) in forms that are understandable, easily acces-

sible, usable, and adaptable for use in the improvement

of educational practice;

‘‘(iii) through electronic transfer and other means,

such as posting, as available, to the websites of State

educational agencies, local educational agencies, the

Institute of Education Sciences, or the Department,

or in another relevant place; and

‘‘(iv) in a manner that promotes the utilization

of such findings; and

‘‘(2) may be used by the Secretary, acting through the

Director of the Institute of Education Sciences—

‘‘(A) to evaluate the aggregate short- and long-term

effects and cost efficiencies across—

‘‘(i) Federal programs assisted or authorized under

this Act; and

‘‘(ii) related Federal early childhood education pro-

grams, preschool programs, elementary school pro-

grams, and secondary school programs, under any

other Federal law;

‘‘(B) to increase the usefulness of the evaluations con-

ducted under this section by improving the quality, timeli-

ness, efficiency, and use of information relating to perform-

ance to promote continuous improvement of programs

assisted or authorized under this Act; and

‘‘(C) to assist recipients of grants under such programs

in collecting and analyzing data and other activities related

to conducting high-quality evaluations under paragraph

(1).

‘‘(b) T

ITLE

I.—The Secretary, acting through the Director of

the Institute of Education Sciences, shall use funds authorized

under section 1002(e) to carry out evaluation activities under this

section related to title I, and shall not reserve any other money

from such title for evaluation.

‘‘(c) C

ONSOLIDATION

.—Notwithstanding any other provision of

this section or section 1002(e), the Secretary, in consultation with

the Director of the Institute of Education Sciences—

‘‘(1) may consolidate the funds reserved under subsections

(a) and (b) for purposes of carrying out the activities under

subsection (a)(1); and

‘‘(2) shall not be required to evaluate under subsection

(a)(1) each program authorized under this Act each year.

‘‘(d) E

VALUATION

LAN

.—The Director of the Institute of Edu-

cation Sciences, shall, on a biennial basis, develop, submit to Con-

gress, and make publicly available an evaluation plan, that—

‘‘(1) describes the specific activities that will be carried

out under subsection (a) for the 2-year period applicable to

the plan, and the timelines of such activities;

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129 STAT. 2124 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(2) contains the results of the activities carried out under

subsection (a) for the most recent 2-year period; and

‘‘(3) describes how programs authorized under this Act

will be regularly evaluated.

‘‘(e) E

VALUATION

CTIVITIES

UTHORIZED

LSEWHERE

.—If,

under any other provision of this Act, funds are authorized to

be reserved or used for evaluation activities with respect to a

program, the Secretary may not reserve additional funds under

this section for the evaluation of that program.’’.

TITLE IX—EDUCATION FOR THE

HOMELESS AND OTHER LAWS

PART A—HOMELESS CHILDREN AND YOUTHS

SEC. 9101. STATEMENT OF POLICY.

Section 721 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11431) is amended—

(1) in paragraph (2), by striking ‘‘In any State’’ and all

that follows through ‘‘will review’’ and inserting ‘‘In any State

where compulsory residency requirements or other require-

ments, in laws, regulations, practices, or policies, may act as

a barrier to the identification of, or the enrollment, attendance,

or success in school of, homeless children and youths, the

State educational agency and local educational agencies in the

State will review’’;

(2) in paragraph (3), by striking ‘‘alone’’; and

(3) in paragraph (4), by striking ‘‘challenging State student

academic achievement standards’’ and inserting ‘‘challenging

State academic standards’’.

SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

Section 722 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11432) is amended—

(1) by striking subsection (b) and inserting the following:

‘‘(b) G

RANTS

ROM

LLOTMENTS

.—The Secretary shall make

the grants to States from the allotments made under subsection

(c)(1).’’;

(2) in subsection (d)—

(A) in paragraph (2)—

(i) by striking ‘‘To provide’’ and all that follows

through ‘‘that enable’’ and inserting ‘‘To provide serv-

ices and activities to improve the identification of

homeless children and youths (including preschool-aged

homeless children) and enable’’; and

(ii) by striking ‘‘or, if’’ and inserting ‘‘including,

if’’;

(B) in paragraph (3), by striking ‘‘designate’’ and all

that follows and inserting ‘‘designate in the State edu-

cational agency an Office of the Coordinator for Education

of Homeless Children and Youths that can sufficiently carry

out the duties described for the Office in this subtitle

in accordance with subsection (f).’’; and

lowing:

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129 STAT. 2125 PUBLIC LAW 114–95—DEC. 10, 2015

‘‘(5) To develop and implement professional development

programs for liaisons designated under subsection (g)(1)(J)(ii)

and other local educational agency personnel—

‘‘(A) to improve their identification of homeless children

and youths; and

‘‘(B) to heighten the awareness of the liaisons and

personnel of, and their capacity to respond to, specific

needs in the education of homeless children and youths.’’;

(3) in subsection (e)—

(A) in paragraph (1), by inserting ‘‘a State through

grants under subsection (a) to’’ after ‘‘each year to’’;

(B) in paragraph (2), by striking ‘‘funds made available

for State use under this subtitle’’ and inserting ‘‘the grant

funds remaining after the State educational agency distrib-

utes subgrants under paragraph (1)’’; and

(i) in subparagraph (C)(iv)(II), by striking ‘‘sections

1111 and 1116’’ and inserting ‘‘section 1111’’;

(ii) in subparagraph (E)(ii)(II), by striking ‘‘sub-

section (g)(6)(A)(v)’’ and inserting ‘‘subsection

(g)(6)(A)(vi)’’; and

(iii) in subparagraph (F)—

(I) in clause (i)—

(aa) by striking ‘‘and’’ at the end of sub-

clause (II);

(bb) by striking the period at the end of

subclause (III) and inserting ‘‘; and’’; and

(cc) by adding at the end the following:

‘‘(IV) the progress the separate schools are

making in helping all students meet the chal-

lenging State academic standards.’’; and

(II) in clause (iii), by striking ‘‘Not later than

2 years after the date of enactment of the

McKinney-Vento Homeless Education Assistance

Improvements Act of 2001, the’’ and inserting

‘‘The’’;

(4) by striking subsection (f) and inserting the following:

‘‘(f) F

UNCTIONS OF THE

FFICE OF THE

OORDINATOR

.—The

Coordinator for Education of Homeless Children and Youths estab-

lished in each State shall—

‘‘(1) gather and make publicly available reliable, valid, and

comprehensive information on—

‘‘(A) the number of homeless children and youths

identified in the State, which shall be posted annually

on the State educational agency’s website;

‘‘(B) the nature and extent of the problems homeless

children and youths have in gaining access to public pre-

school programs and to public elementary schools and sec-

ondary schools;

‘‘(C) the difficulties in identifying the special needs

and barriers to the participation and achievement of such

children and youths;

‘‘(D) any progress made by the State educational agency

and local educational agencies in the State in addressing

such problems and difficulties; and

‘‘(E) the success of the programs under this subtitle

in identifying homeless children and youths and allowing

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129 STAT. 2126 PUBLIC LAW 114–95—DEC. 10, 2015

such children and youths 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 reasonably

require, a report containing information necessary to assess

the educational needs of homeless children and youths within

the State, including data necessary for the Secretary to fulfill

the responsibilities under section 724(h);

‘‘(4) in order to improve the provision of comprehensive

education and related services to homeless children and youths

and their families, coordinate activities and collaborate with—

‘‘(A) educators, including teachers, special education

personnel, administrators, and child development and pre-

school program personnel;

‘‘(B) providers of services to homeless children and

youths and their families, including 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 Run-

away and Homeless Youth Act (42 U.S.C. 5701 et seq.);

‘‘(C) providers of emergency, transitional, and perma-

nent housing to homeless children and youths, and their

families, including public housing agencies, shelter opera-

tors, operators of transitional housing facilities, and pro-

viders of transitional living programs for homeless youths;

‘‘(D) local educational agency liaisons designated under

subsection (g)(1)(J)(ii) for homeless children and youths;

and

‘‘(E) community organizations and groups representing

homeless children and youths and their families;

‘‘(5) provide technical assistance to and conduct monitoring

of local educational agencies in coordination with local edu-

cational agency liaisons designated under subsection

(g)(1)(J)(ii), to ensure that local educational agencies comply

with the requirements of subsection (e)(3) and paragraphs (3)

through (7) of subsection (g);

‘‘(6) provide professional development opportunities for local

educational agency personnel and the local educational agency

liaison designated under subsection (g)(1)(J)(ii) to assist such

personnel and liaison in identifying and meeting the needs

of homeless children and youths, and provide training on the

definitions of terms related to homelessness specified in sections

103, 401, and 725 to the liaison; and

‘‘(7) respond to inquiries from parents and guardians of

homeless children and youths, and (in the case of unaccom-

panied youths) such youths, to ensure that each child or youth

who is the subject of such an inquiry receives the full protec-

tions and services provided by this subtitle.’’;

(5) by striking subsection (g) and inserting the following:

‘‘(g) S

TATE

LAN

.—

‘‘(1) I

N GENERAL

.—For any State desiring to receive a grant

under this subtitle, the State educational agency shall submit

to the Secretary a plan to provide for the education of homeless

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129 STAT. 2127 PUBLIC LAW 114–95—DEC. 10, 2015

children and youths within the State. Such plan shall include

the following:

‘‘(A) A description of how such children and youths

are (or will be) given the opportunity to meet the same

challenging State academic standards as all students are

expected to meet.

‘‘(B) A description of the procedures the State edu-

cational agency will use to identify such children and

youths in the State and to assess their needs.

‘‘(C) A description of procedures for the prompt resolu-

tion of disputes regarding the educational placement of

homeless children and youths.

‘‘(D) A description of programs for school personnel

(including liaisons designated under subparagraph (J)(ii),

principals and other school leaders, attendance officers,

teachers, enrollment personnel, and specialized instruc-

tional support personnel) to heighten the awareness of

such school personnel of the specific needs of homeless

children and youths, including such children and youths

who are runaway and homeless youths.

‘‘(E) A description of procedures that ensure that home-

less children and youths who meet the relevant eligibility

criteria 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 pre-

school programs, administered by the State educational

agency or local educational agency, as provided to other

children in the State;

‘‘(ii) youths described in section 725(2) and youths

separated from public schools are identified and

accorded equal access to appropriate secondary edu-

cation and support services, including by identifying

and removing barriers that prevent youths described

in this clause from receiving appropriate credit for

full or partial coursework satisfactorily completed

while attending a prior school, in accordance with

State, local, and school policies; and

‘‘(iii) homeless children and youths who meet the

relevant eligibility criteria do not face barriers to

accessing academic and extracurricular activities,

including magnet school, summer school, career and

technical education, advanced placement, online

learning, and charter school programs, if such pro-

grams are available at the State and local levels.

‘‘(G) Strategies to address problems identified in the

report provided to the Secretary under subsection (f)(3).

‘‘(H) Strategies to address other problems with respect

to the education of homeless children and youths, including

problems resulting from enrollment delays that are caused

by—

‘‘(i) requirements of immunization and other

required health records;

‘‘(ii) residency requirements;

‘‘(iii) lack of birth certificates, school records, or