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HR 3990 IHRHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3990CommentsClose CommentsPermalink

To encourage effective teachers in the classrooms of the United States and innovative education programs in our Nation’s schools.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 9, 2012CommentsClose CommentsPermalink

Mr. KLINE (for himself, Mr. HUNTER, Mr. ROE of Tennessee, Mr. PETRI, Mr. WILSON of South Carolina, Mr. DESJARLAIS, Mrs. NOEM, Mrs. ROBY, and Mr. HECK) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To encourage effective teachers in the classrooms of the United States and innovative education programs in our Nation’s schools.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Encouraging Innovation and Effective Teachers Act’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title. CommentsClose CommentsPermalink





Sec. 2. Table of contents. CommentsClose CommentsPermalink





Sec. 3. References. CommentsClose CommentsPermalink





Sec. 4. Transition. CommentsClose CommentsPermalink





Sec. 5. Effective dates. CommentsClose CommentsPermalink





Sec. 6. Authorization of appropriations. CommentsClose CommentsPermalink

TITLE I--TEACHER PREPARATION AND EFFECTIVENESS

Sec. 101. Teacher preparation and effectiveness. CommentsClose CommentsPermalink





Sec. 102. Conforming repeals. CommentsClose CommentsPermalink

TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 201. Parental engagement and local flexibility. CommentsClose CommentsPermalink

TITLE III--IMPACT AID

Sec. 301. Purpose. CommentsClose CommentsPermalink





Sec. 302. Payments relating to Federal acquisition of real property. CommentsClose CommentsPermalink





Sec. 303. Payments for eligible federally connected children. CommentsClose CommentsPermalink





Sec. 304. Policies and procedures relating to children residing on Indian lands. CommentsClose CommentsPermalink





Sec. 305. Application for payments under sections 8002 and 8003. CommentsClose CommentsPermalink





Sec. 306. Construction. CommentsClose CommentsPermalink





Sec. 307. Facilities. CommentsClose CommentsPermalink





Sec. 308. State consideration of payments providing State aid. CommentsClose CommentsPermalink





Sec. 309. Federal administration. CommentsClose CommentsPermalink





Sec. 310. Administrative hearings and judicial review. CommentsClose CommentsPermalink





Sec. 311. Definitions. CommentsClose CommentsPermalink





Sec. 312. Authorization of appropriations. CommentsClose CommentsPermalink





Sec. 313. Conforming amendments. CommentsClose CommentsPermalink

TITLE IV--TROOPS-TO-TEACHERS PROGRAM

Sec. 401. Troops-to-teachers program. CommentsClose CommentsPermalink

TITLE V--REPEAL

Sec. 501. Repeal of title VI. CommentsClose CommentsPermalink

TITLE VI--HOMELESS EDUCATION

Sec. 601. Statement of policy. CommentsClose CommentsPermalink





Sec. 602. Grants for State and local activities for the education of homeless children and youths. CommentsClose CommentsPermalink





Sec. 603. Local educational agency subgrants for the education of homeless children and youths. CommentsClose CommentsPermalink





Sec. 604. Secretarial responsibilities. CommentsClose CommentsPermalink





Sec. 605. Definitions. CommentsClose CommentsPermalink





Sec. 606. Authorization of appropriations. CommentsClose CommentsPermalink

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.). CommentsClose CommentsPermalink

SEC. 4. TRANSITION.

Unless otherwise provided in this Act, any person or agency that was awarded a grant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of this Act shall continue to receive funds in accordance with the terms of such award, except that funds for such award may not continue more than one year after the date of the enactment of this Act. CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATES.

(a) In General- Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. CommentsClose CommentsPermalink





(b) Noncompetitive Programs- With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2012. CommentsClose CommentsPermalink





(c) Competitive Programs- With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2013. CommentsClose CommentsPermalink





(d) Impact Aid- With respect to title IV of the Act (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2013. CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

‘(a) Title II- There are authorized to be appropriated to carry out title II $2,988,070,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(b) Title III- CommentsClose CommentsPermalink





‘(1) PART A- CommentsClose CommentsPermalink





‘(A) SUBPART 1- There are authorized to be appropriated to carry out subpart 1 of part A of title III $300,000,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(B) SUBPART 2- There are authorized to be appropriated to carry out subpart 2 of part A of title III $99,611,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(C) SUBPART 3- There are authorized to be appropriated to carry out subpart 3 of part A of title III $25,000,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(2) PART B- There are authorized to be appropriated to carry out part B of title III $2,677,476,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(c) Title IV- CommentsClose CommentsPermalink





‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY- For the purpose of making payments under section 4002, there are authorized to be appropriated $66,947,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES- For the purpose of making payments under section 4003(b), there are authorized to be appropriated $1,153,540,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(3) PAYMENTS FOR CHILDREN WITH DISABILITIES- For the purpose of making payments under section 4003(d), there are authorized to be appropriated $48,413,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(4) CONSTRUCTION- For the purpose of carrying out section 4007, there are authorized to be appropriated $17,441,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(5) FACILITIES MAINTENANCE- For the purpose of carrying out section 4008, there are authorized to be appropriated $4,845,000 for fiscal year 2013. CommentsClose CommentsPermalink





‘(d) Out Years- The amounts authorized in subsections (a), (b), and (c) shall be increased for each of fiscal years 2014 through 2018 by a percentage equal to the percentage of inflation according to the Consumer Price Index, for the calendar year ending prior to the beginning of that fiscal year.’. CommentsClose CommentsPermalink

TITLE I--TEACHER PREPARATION AND EFFECTIVENESS CommentsClose CommentsPermalink

SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS.

(a) Heading- The title heading for title II (20 U.S.C. 6601 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘TITLE II--TEACHER PREPARATION AND EFFECTIVENESS’. CommentsClose CommentsPermalink

(b) Part A- Part A of Ttitle II (20 U.S.C. 6601 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘Part A--Supporting Effective InstructionART A--SUPPORTING EFFECTIVE INSTRUCTION

‘SEC. 2101. PURPOSE.

‘The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to-- CommentsClose CommentsPermalink





‘(1) increase student achievement consistent with State academic standards under section 1111; CommentsClose CommentsPermalink





‘(2) improve teacher and school leader effectiveness; CommentsClose CommentsPermalink





‘(3) provide evidence-based, continuous, job-embedded professional development; and CommentsClose CommentsPermalink





‘(4) develop and implement teacher evaluation systems to link teacher performance with student achievement to determine teacher effectiveness. CommentsClose CommentsPermalink

‘Subpart 1--Grants to States

‘SEC. 2111. ALLOTMENTS TO STATES.

‘(a) In General- Of the amounts appropriated under section 3(a), the Secretary shall reserve 8275 percent to make grants to States with applications approved under section 2112 to pay for the Federal share of the cost of carrying out the activities specified in section 2113. Each grant shall consist of the allotment determined for a State under subsection (b). CommentsClose CommentsPermalink





‘(b) Determination of Allotments- CommentsClose CommentsPermalink





‘(1) RESERVATION OF FUNDS- Of the amount reserved under subsection (a) for a fiscal year, the Secretary shall reserve-- CommentsClose CommentsPermalink





‘(A) not more than 1 percent to carry out national activities under section 2132; CommentsClose CommentsPermalink





‘(B) one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and CommentsClose CommentsPermalink





‘(C) 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. CommentsClose CommentsPermalink





‘(2) STATE ALLOTMENTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), from the funds reserved under subsection (a) for any fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State the sum of-- CommentsClose CommentsPermalink





‘(i) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and CommentsClose CommentsPermalink





‘(ii) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. CommentsClose CommentsPermalink





‘(B) SMALL STATE MINIMUM- No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount of funds allotted under such subparagraph for a fiscal year. CommentsClose CommentsPermalink





‘(c) Alternate Distribution of Funds- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraphs (2) through (5), if a State does not apply to the Secretary for an allotment under this section, a local educational agency located in such State may apply to the Secretary for a portion of the funds that would have been allotted to the State had such State applied for an allotment under this section to carry out the activities under this part. CommentsClose CommentsPermalink





‘(2) APPLICATION- In order to receive an allotment under paragraph (1), a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing the information described in section 2122. CommentsClose CommentsPermalink





‘(3) USE OF FUNDS- A local educational agency receiving an allotment under paragraph (1)-- CommentsClose CommentsPermalink





‘(A) shall use such funds to carry out the activities described in section 2123(1); and CommentsClose CommentsPermalink





‘(B) may use such funds to carry out the activities described in section 2123(2). CommentsClose CommentsPermalink





‘(4) REPORTING REQUIREMENTS- A local educational agency receiving an allotment under paragraph (1) shall carry out the reporting requirements described in section 2131(a), except that annual reports shall be submitted to the Secretary and not a State educational agency. CommentsClose CommentsPermalink





‘(5) AMOUNT OF ALLOTMENT- An allotment made to a local educational agency under paragraph (1) for a fiscal year shall be equal to the amount of subgrant funds that the local educational agency would have received under subpart 2 had such agency applied for a subgrant under such subpart for such fiscal year. CommentsClose CommentsPermalink





‘(d) Reallotment- If a State does not apply for an allotment under this section for any fiscal year or only a portion of the State’s allotment is allotted under subsection (c), the Secretary shall reallot the State’s entire allotment or the remaining portion of its allotment, as the case may be, to the remaining States in accordance with subsection (b). CommentsClose CommentsPermalink

‘SEC. 2112. STATE APPLICATION.

‘(a) In General- For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time and in such a manner as the Secretary may reasonably require, which shall include the following: CommentsClose CommentsPermalink





‘(1) A description of how the State educational agency will meet the requirements of this subpart. CommentsClose CommentsPermalink





‘(2) A description of how the State educational agency will use a grant received under section 2111, including the grant funds the State will reserve for State-level activities under section 2113(a)(2). CommentsClose CommentsPermalink





‘(3) A description of how the State educational agency will facilitate the sharing of evidence-based and other effective strategies among local educational agencies. CommentsClose CommentsPermalink





‘(4) In the case of a State educational agency that is not developing or implementing a statewide teacher evaluation system, a description of how the State educational agency will ensure that each local educational agency in the State receiving a subgrant under subpart 2 will implement a teacher evaluation system that meets the requirements of clauses (i) through (v) of section 2123(1)(A). CommentsClose CommentsPermalink





‘(5) In the case of a State educational agency that is developing or implementing a statewide teacher evaluation system-- CommentsClose CommentsPermalink





‘(A) a description of how the State educational agency will work with local educational agencies in the State to implement the statewide teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act; and CommentsClose CommentsPermalink





‘(B) an assurance that the statewide teacher evaluation system complies with clauses (i) through (v) of section 2123(1)(A). CommentsClose CommentsPermalink





‘(6) An assurance that the State educational agency will comply with section 5501 (regarding participation by private school children and teachers). CommentsClose CommentsPermalink





‘(b) Deemed Approval- An application submitted by a State educational agency under subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. CommentsClose CommentsPermalink





‘(c) Disapproval- The Secretary shall not finally disapprove an application, except after giving the State educational agency notice and an opportunity for a hearing. CommentsClose CommentsPermalink





‘(d) Notification- If the Secretary finds that an application is not in compliance, in whole or in part, with this subpart, the Secretary shall-- CommentsClose CommentsPermalink





‘(1) give the State educational agency notice and an opportunity for a hearing; and CommentsClose CommentsPermalink





‘(2) notify the State educational agency of the finding of noncompliance and, in such notification, shall-- CommentsClose CommentsPermalink





‘(A) cite the specific provisions in the application that are not in compliance; and CommentsClose CommentsPermalink





‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. CommentsClose CommentsPermalink





‘(e) Response- If a State educational agency responds to a notification from the Secretary under 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 Secretary shall approve or disapprove such application prior to the later of-- CommentsClose CommentsPermalink





‘(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or CommentsClose CommentsPermalink





‘(2) the expiration of the 120-day period described in subsection (b). CommentsClose CommentsPermalink





‘(f) Failure to Respond- If a State educational agency does not respond to a notification from the Secretary under subsection (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. CommentsClose CommentsPermalink

‘SEC. 2113. STATE USE OF FUNDS.

‘(a) In General- A State educational agency that receives a grant under section 2111 shall-- CommentsClose CommentsPermalink





‘(1) reserve 95 percent of the grant funds to make subgrants to local educational agencies under subpart 2; and CommentsClose CommentsPermalink





‘(2) use the remainder of the funds, after reserving funds under paragraph (1), for the State activities described in subsection (b), except that the State may reserve not more than 1 percent of the grant funds for planning and administration related to carrying out activities described in subsection (b). CommentsClose CommentsPermalink





‘(b) State-level Activities- A State educational agency that receives a grant under section 2111-- CommentsClose CommentsPermalink





‘(1) shall use the amount described in subsection (a)(2) to-- CommentsClose CommentsPermalink





‘(A) provide training and technical assistance to local educational agencies on-- CommentsClose CommentsPermalink





‘(i) in the case of a State educational agency not implementing a statewide teacher evaluation system-- CommentsClose CommentsPermalink





‘(I) the development and implementation of a teacher evaluation system that meets the requirements of clauses (i) through (v) of section 2123(1)(A); and CommentsClose CommentsPermalink





‘(II) training school leaders in using such evaluation system; or CommentsClose CommentsPermalink





‘(ii) in the case of a State educational agency implementing a statewide teacher evaluation system, implementing such evaluation system; and CommentsClose CommentsPermalink





‘(B) fulfill the State educational agency’s responsibilities with respect to the proper and efficient administration of the subgrant program carried out under this part; and CommentsClose CommentsPermalink





‘(2) may use the amount described in subsection (a)(2) to-- CommentsClose CommentsPermalink





‘(A) disseminate and share evidence-based and other effective practices related to teacher and school leader effectiveness and professional development; and CommentsClose CommentsPermalink





‘(B) provide professional development for teachers and school leaders in the State consistent with clauses (i) through (v) of section 2123(2)(B). CommentsClose CommentsPermalink

‘Subpart 2--Subgrants to Local Educational Agencies

‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

‘(a) In General- Each State receiving a grant under section 2111 shall use the funds reserved under section 2113(a)(1) to award subgrants to local educational agencies under this section. CommentsClose CommentsPermalink





‘(b) Allocation of Funds- From the funds reserved by a State under section 2113(a)(1), the State educational agency shall allocate to each local educational agency in the State the sum of-- CommentsClose CommentsPermalink





‘(1) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 in the geographic area served by the local educational agency, as determined by the State on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and CommentsClose CommentsPermalink





‘(2) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the local educational agency, as determined by the State on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. CommentsClose CommentsPermalink

‘SEC. 2122. LOCAL APPLICATIONS.

‘To be eligible to receive a subgrant under this subpart, a local educational agency shall submit an application to the State educational agency involved at such time, in such a manner, and containing such information as the State educational agency may reasonably require that, at a minimum, shall include the following: CommentsClose CommentsPermalink





‘(1) A description of-- CommentsClose CommentsPermalink





‘(A) how the local educational agency will meet the requirements of this subpart; CommentsClose CommentsPermalink





‘(B) how the activities to be carried out by the local educational agency under this subpart will be evidence-based, improve student academic achievement, and improve teacher and school leader effectiveness; CommentsClose CommentsPermalink





‘(C) how, in the case of a local educational agency not in a State with a statewide teacher evaluation system, the local educational agency will develop and implement a teacher evaluation system that meetsteacher evaluation system that will be developed and implemented under section 2123(1) and how such system will meet the requirements described in clauses (i) through (v) of section 2123(1)(A); CommentsClose CommentsPermalink





‘(D) how, in developing and implementing such a teacher evaluation system, the local educational agency will work with parents, teachers, school leaders, and other staff of the schools served by the local educational agency; and CommentsClose CommentsPermalink





‘(E) how the local educational agency will develop and implement such a teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act. CommentsClose CommentsPermalink





‘(2) In the case of a local educational agency in a State with a statewide teacher evaluation system, a description of how the local educational agency will work with the State educational agency to implement the statewide teacher evaluation system within 3 years of the date of enactment of the Encouraging Innovation and Effective Teachers Act. CommentsClose CommentsPermalink





‘(3) An assurance that the local educational agency will comply with section 5501 (regarding participation by private school children and teachers). CommentsClose CommentsPermalink

‘SEC. 2123. LOCAL USE OF FUNDS.

‘A local educational agency receiving a subgrant under this subpart-- CommentsClose CommentsPermalink





‘(1) shall use such funds-- CommentsClose CommentsPermalink





‘(A) to develop and implement a teacher evaluation system that-- CommentsClose CommentsPermalink





‘(i) uses student achievement data derived from a variety of sources as a significant factor in determining a teacher’s evaluation;‘(ii) , with the weight given to such data defined by the local educational agency; CommentsClose CommentsPermalink





‘(ii) uses multiple measures of evaluation for evaluating teachers; CommentsClose CommentsPermalink





‘(iii) has more than 2 categories for rating the performance of teachers; CommentsClose CommentsPermalink





‘(iv) shall be used to make personnel decisions, as determined by the local educational agency; and CommentsClose CommentsPermalink





‘(v) is based on input from parents, school leaders, teachers, and other staff of schools served by the local educational agency; or CommentsClose CommentsPermalink





‘(B) in the case of a local educational agency located in a State implementing a statewide teacher evaluation system, to implement such evaluation system; and CommentsClose CommentsPermalink





‘(2) may use such funds for-- CommentsClose CommentsPermalink





‘(A) the training of school leaders for the purpose of evaluating teachers under a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; CommentsClose CommentsPermalink





‘(B) professional development for teachers and school leaders that is evidence-based, job-embedded, and continuous, such as-- CommentsClose CommentsPermalink





‘(i) subject-based professional development for teachers; CommentsClose CommentsPermalink





‘(ii) professional development aligned with the State’s academic standards; CommentsClose CommentsPermalink





‘(iii) professional development for teachersof student of students with disabilities and English learners; CommentsClose CommentsPermalink





‘(iv) professional development for teachers identified as in need of additional support through data provided by a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; CommentsClose CommentsPermalink





‘(v) professional development based on the current science of learning, which includes research on positive brain change and cognitive skill development; CommentsClose CommentsPermalink





‘(vi) professional development for school leaders, including mentorship programs for such leaders; or CommentsClose CommentsPermalink





‘(vii) professional development on integrated, interdisciplinary, and project-based teaching strategies, including for career and technical education teachers; CommentsClose CommentsPermalink





‘(C) partnering with a public or private organization or a consortium of such organizations to develop and implement a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), as appropriate; CommentsClose CommentsPermalink





or‘(D ‘(D) any activities authorized under section 2222(a); or CommentsClose CommentsPermalink





‘(E) class size reduction, except that the local educational agency may not useuse not more than 10 percent of such funds for this purpose. CommentsClose CommentsPermalink

‘Subpart 3--General Provisions

‘SEC. 2131. REPORTING REQUIREMENTS.

‘(a) Local Educational Agencies- Each local educational agency receiving a subgrant under subpart 2 shall submit to the State educational agency involved, on an annual basis until the last year in which the local educational agency receives such subgrant funds, a report on-- CommentsClose CommentsPermalink





‘(1) how the local educational agency is meeting the purposes of this part described in section 2101; CommentsClose CommentsPermalink





‘(2) how the local educational agency is using such subgrant funds; CommentsClose CommentsPermalink





and‘(3) the number and ‘(3) the number and percentage of teachers in each category established under clause (iii) of section 2123(1)(A), except that such report shall not reveal personally identifiable information about an individual teacher; and CommentsClose CommentsPermalink





‘(4) any such other information as the State educational agency may require. CommentsClose CommentsPermalink





‘(b) State Educational Agencies- Each State educational agency receiving a grant under subpart 1 shall submit to the Secretary a report, on an annual basis until the last year in which the State educational agency receives such grant funds, on-- CommentsClose CommentsPermalink





‘(1) how the State is meeting the purposes of this part described in section educational agency is meeting the purposes of this part described in section 2101; and CommentsClose CommentsPermalink





‘(2) how the State educational agency is using such grant funds. CommentsClose CommentsPermalink

‘SEC. 2132. NATIONAL ACTIVITIES.

‘From the funds reserved by the Secretary under section 2111(b)(1)(A), the Secretary shall, directly or through grants and contracts-- CommentsClose CommentsPermalink





‘(1) provide technical assistance to States and local educational agencies in carrying out activities under this part; and CommentsClose CommentsPermalink





‘(2) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by State educational agencies and local educational agencies under this part. CommentsClose CommentsPermalink

‘SEC. 2133. STATE DEFINED.

‘In this part, the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.’. CommentsClose CommentsPermalink





(c) Part B- Part B of title II (20 U.S.C. 6661 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

‘SEC. 2201. PURPOSE.

‘The purpose of this part is to improve student academic achievement in the core academic subjects by-- CommentsClose CommentsPermalink





‘(1) supporting all State educational agencies, local educational agencies, schools, teachers, and school leaders to help all students meet the State’s academic standards; and CommentsClose CommentsPermalink





‘(2) increasing the number of teachers and school leaders who are effective in increasing student academic achievement. CommentsClose CommentsPermalink

‘Subpart 1--Formula Grants to States

‘SEC. 2211. STATE ALLOTMENTS.

‘(a) Reservations- From the amount appropriated under section 3(a) for any fiscal year, the Secretary-- CommentsClose CommentsPermalink





‘(1) shall reserve 1825 percent to award grants to States under this subpart; and CommentsClose CommentsPermalink





‘(2) of the amount reserved under paragraph (1), shall reserve-- CommentsClose CommentsPermalink





‘(A) not more than 1 percent for national activities described in section 22313; CommentsClose CommentsPermalink





‘(B) one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and CommentsClose CommentsPermalink





‘(C) 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. CommentsClose CommentsPermalink





‘(b) State Allotments- CommentsClose CommentsPermalink





‘(1) IN GENERAL- From the total amount reserved under subsection (a)(1) for each fiscal year and not reserved under subparagraphs (A) through (C) of subsection (a)(2), the Secretary shall allot, and make available in accordance with this section, to each State an amount that bears the same ratio to such sums as the school-age population of the State bears to the school-age population of all States. CommentsClose CommentsPermalink





‘(2) SMALL STATE MINIMUM- No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount allotted under such paragraph. CommentsClose CommentsPermalink





‘(3) REALLOTMENT- If a State does not receive an allotment 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 section. CommentsClose CommentsPermalink





‘(c) State Application- In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. Such application shall-- CommentsClose CommentsPermalink





‘(1) designate the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; CommentsClose CommentsPermalink





‘(2) describe how the State educational agency will use funds received under this section for State level activities described in subsection (d)(3); CommentsClose CommentsPermalink





‘(3) describe the procedures and criteria the State educational agency will use for reviewing applications and awarding subgrants to eligible entities under section 2221 on a competitive basis; CommentsClose CommentsPermalink





‘(4) describe how the State educational agency will ensure that subgrants made under section 2221 are of sufficient size and scope to support effective programs that will help increase academic achievement in the classroom and are consistent with the purposes of this part; CommentsClose CommentsPermalink





‘(5) describe the steps the State educational agency will take to ensure that eligible entities use subgrant funds received under section 2221 to carry out programs that implement effective strategies, including by providing ongoing technical assistance and training, and disseminating evidence-based and other effective strategies to such eligible entities; CommentsClose CommentsPermalink





‘(6) describe how programs under this part will be coordinated with other programs under this Act; and CommentsClose CommentsPermalink





‘(7) include an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised, and will not exercise, any influence in the decision-making processes of eligible entities as to the expenditure of funds made pursuant to an application submitted under section 2221(b). CommentsClose CommentsPermalink





‘(d) State Use of Funds- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State that receives an allotment under this section shall reserve not less than 952 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to eligible entities under subpart 2. CommentsClose CommentsPermalink





‘(2) STATE ADMINISTRATION- A State educational agency may reserve not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this subpart. CommentsClose CommentsPermalink





‘(3) STATE-LEVEL ACTIVITIES- CommentsClose CommentsPermalink





‘(A) INNOVATIVE TEACHER AND SCHOOL LEADER ACTIVITIES- A State educational agency shall use the amount made reserve not more than 4 percent of the amount made available to the State under subsection (b) and not reserved under paragraphs (1) and (2) to carry out 1 or more of the following activities: CommentsClose CommentsPermalink





‘(Ai) Reforming teacher and school leader certification, recertification, licensing, and tenure systems to ensure that-- CommentsClose CommentsPermalink





‘(iI) each teacher has the subject matter knowledge and teaching skills necessary to help students meet the State’s academic standards; and CommentsClose CommentsPermalink





‘(iiII) school leaders have the instructional leadership skills to help teachers instruct and students learn. CommentsClose CommentsPermalink





‘(Bii) Carrying out programs that establish, expand, or improve alternative routes for State certification or licensure of teachers and school leaders, including such programs for-- CommentsClose CommentsPermalink





‘(iI) mid-career professionals from other occupations;‘(ii, including science, technology, engineering, and math fields; CommentsClose CommentsPermalink





‘(II) former military personnel; and CommentsClose CommentsPermalink





‘(iiiIII) recent graduates of an institution of higher education, with a record of academic distinction, who demonstrate the potential to become effective teachers or school leaders. CommentsClose CommentsPermalink





‘(Ciii) Developing, or assisting eligible entities in developing-- CommentsClose CommentsPermalink





‘(iI) performance-based pay systems for teachers and school leaders; CommentsClose CommentsPermalink





‘(iiII) strategies that provide differential, incentive, or bonus pay for teachers; or CommentsClose CommentsPermalink





‘(iiiIII) teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation. CommentsClose CommentsPermalink





‘(Div) Developing, or assisting eligible entities in developing, new teacher and school leaders induction and mentoring programs that are designed to-- CommentsClose CommentsPermalink





‘(iI) improve instruction and student learning and achievement; and CommentsClose CommentsPermalink





‘(iiII) increase the retention of effective teachers and school leaders. CommentsClose CommentsPermalink





‘(Ev) Providing professional development for teachers and school leaders that is focused on-- CommentsClose CommentsPermalink





‘(iI) improving teaching and student learning and achievement in the core academic subjects; and CommentsClose CommentsPermalink





‘(iiII) improving teaching, student learning, and achievement for students with disabilities, English learners, and other special populations. CommentsClose CommentsPermalink





‘(Fvi) Providing training and technical assistance to eligible entities that receive a subgrant under section 2221. CommentsClose CommentsPermalink





‘(Gvii) Other activities identified by the State that meet the purpose of this parteducational agency that meet the purposes of this part, including those activities authorized under subparagraph (B). CommentsClose CommentsPermalink





‘(B) TEACHER OR SCHOOL LEADER PREPARATION ACADEMIES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of a State in which teacher or school leader preparation academies are allowable under State law, a State educational agency may reserve not more than 3 percent of the amount made available to the State under subsection (b) to support the establishment or expansion of one or more teacher or school leader preparation academies and, subject to the limitation under clause (iii), to support State authorizers for such academies. CommentsClose CommentsPermalink





‘(ii) MATCHING REQUIREMENT- A State educational agency shall not provide funds under this subparagraph to support the establishment or expansion of a teacher or school leader preparation academy unless the academy agrees to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the funds the academy will receive under this subparagraph. CommentsClose CommentsPermalink





‘(iii) FUNDING FOR STATE AUTHORIZERS- Not more than 5 percent of funds provided to a teacher or school leader preparation academy under this subparagraph may be used to support activities of State authorizers for such academy. CommentsClose CommentsPermalink

‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

‘(a) Deemed Approval- An application submitted by a State pursuant to section 2211(c) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with section 2211(c). CommentsClose CommentsPermalink





‘(b) Disapproval Process- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall not finally disapprove an application submitted under section 2211(c), except after giving the State educational agency notice and an opportunity for a hearing. CommentsClose CommentsPermalink





‘(2) NOTIFICATION- If the Secretary finds that an application is not in compliance, in whole or in part, with section 2211(c) the Secretary shall-- CommentsClose CommentsPermalink





‘(A) give the State educational agency notice and an opportunity for a hearing; and CommentsClose CommentsPermalink





‘(B) notify the State educational agency of the finding of noncompliance and, in such notification, shall-- CommentsClose CommentsPermalink





‘(i) cite the specific provisions in the application that are not in compliance; and CommentsClose CommentsPermalink





‘(ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. CommentsClose CommentsPermalink





‘(3) RESPONSE- If a State educational agency responds to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such application prior to the later of-- CommentsClose CommentsPermalink





‘(A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or CommentsClose CommentsPermalink





‘(B) the expiration of the 120-day period described in subsection (a). CommentsClose CommentsPermalink





‘(4) FAILURE TO RESPOND- If the State educational agency does not respond to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such application shall be deemed to be disapproved. CommentsClose CommentsPermalink

‘Subpart 2--Local Competitive Grant Program

‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

‘(a) In General- A State that receives an allotment under section 2211(b) for a fiscal year shall use the amount reserved under section 2211(d)(1) to award subgrants, on a competitive basis, to eligible entities in accordance with this section to enable such entities to carry out the programs and activities described in section 2222. CommentsClose CommentsPermalink





‘(b) Application- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To be eligible to receive a subgrant under this section, 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. CommentsClose CommentsPermalink





‘(2) CONTENTS- Each application submitted under paragraph (1) shall include-- CommentsClose CommentsPermalink





‘(A) a description of the programs and activities to be funded and how they are consistent with the purposes of this part; and CommentsClose CommentsPermalink





‘(B) an assurance that the eligible entity will comply with section 5501 (regarding participation by private school children and teachers). CommentsClose CommentsPermalink





‘(c) Peer Review- In reviewing applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall only judge the likelihood of the activity to increase student academic achievement. The reviewers shall not make a determination based on the policy of the proposed activity. CommentsClose CommentsPermalink





‘(d) Geographic Diversity- A State educational agency shall distribute funds under this section equitably among geographic areas within the State, including rural, suburban, and urban communities. CommentsClose CommentsPermalink





‘(e) Duration of Awards- A State educational agency may award subgrants under this section for a period of not less than 3 years and not more than 5 years. CommentsClose CommentsPermalink





‘(f) Matching- An eligible entity receiving a subgrant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the subgrant. CommentsClose CommentsPermalink

‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

‘(a) In General- Each eligible entity receiving a subgrant under section 2221 shall use such subgrant funds to develop, implement, and evaluate comprehensive programs and activities, that are in accordance with the purpose of this part and-- CommentsClose CommentsPermalink





‘(1) are consistent with the principles of effectiveness described in subsection (b); and CommentsClose CommentsPermalink





‘(2) may include, among other programs and activities-- CommentsClose CommentsPermalink





‘(A) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and school leaders, including initiatives that provide-- CommentsClose CommentsPermalink





‘(i) differential, incentive, or bonus pay for teachers; CommentsClose CommentsPermalink





‘(ii) performance-based pay systems for teachers and school leaders; CommentsClose CommentsPermalink





‘(iii) teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; CommentsClose CommentsPermalink





‘(iv) new teacher and school leader induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and school leader retention; and CommentsClose CommentsPermalink





‘(v) teacher residency programs, and school leader residency programs, designed to develop and support new teachers or new school leaders, respectively; CommentsClose CommentsPermalink





‘(B) supporting the establishment or expansion of teacher or school leader preparation academies under section 2221(d)(3)(B); CommentsClose CommentsPermalink





‘(C) recruiting qualified individuals from other fields, including individuals from science, technology, engineering, and math fields, mid-career professionals from other occupations, and former military personnel; CommentsClose CommentsPermalink





‘(CD) establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children meet the State’s academic standards; CommentsClose CommentsPermalink





‘(DE) providing high-quality professional development for teachers and school leaders focused on improving teaching and student learning and achievement in the core academic subjects; CommentsClose CommentsPermalink





‘(EF) implementing programs based on the current science of learning, which includes research on positive brain change and cognitive skill development; and CommentsClose CommentsPermalink





‘(FG) other activities and programs identified as necessary by the local educational agency that meet the purpose of this part. CommentsClose CommentsPermalink





‘(b) Principles of Effectiveness- ‘(1) IN GENERAL- For a program or activity developed pursuant to this section to meet the principles of effectiveness, such program or activity shall-- CommentsClose CommentsPermalink





‘(A1) be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools served to increase the number of teachers and school leaders who are effective in improving student academic achievement; CommentsClose CommentsPermalink





‘(B2) reflect evidence-based research, or in the absence of a strong research base, reflect effective strategies in the field, that provide evidence that the program or activity will improve student academic achievement in the core academic subjects; and CommentsClose CommentsPermalink





‘(C3) include meaningful and ongoing consultation with, and input from, teachers, school leaders, and parents, in the development of the application and administration of the program or activity. CommentsClose CommentsPermalink

‘SEC. 2231. PERIODIC EVALUATION-‘(A) IN GENERAL- The program or activity carried out by the eligible entity.

‘(a) In General- Each eligible entity and each teacher or school leader preparation academy that receives funds under this part shall undergo a periodic evaluation by the State educational agency involved to assess the eligible entitsuch entity’s or such academy’s progress toward achieving the purpose of s of this part. CommentsClose CommentsPermalink





‘(B) USE OF RESULTS- The results of evaluations described under subparagraph (A) shall be--‘(ib) Use of Results- The results of an evaluation described in subsection (a) of an eligible entity or academy shall be-- CommentsClose CommentsPermalink





‘(1) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and‘(iisuch eligible entity or such academy, respectively; and CommentsClose CommentsPermalink





‘(2) made available to the public upon request, with public notice of such availability provided. CommentsClose CommentsPermalink

‘Subpart 3--General Provisions‘SEC.EC. 2232. REPORTING REQUIREMENTS.

‘(a) Eligible Entities and Academies- Each eligible entity and each teacher or school leader preparation academy that receives funds from a State educational agency under this part shall prepare and submit annually to such State educational agency a report that includes-- CommentsClose CommentsPermalink





‘(1) a description of the progress of the eligible entity or teacher or school leader preparation academy, respectively, in meeting the purposes of this part; CommentsClose CommentsPermalink





‘(2) a description of the programs and activities conducted by the eligible entity or teacher or school leader preparation academy, respectively, with funds received under this part; CommentsClose CommentsPermalink





‘(3) how the eligible entity or teacher or school leader preparation academy, respectively, is using such funds; and CommentsClose CommentsPermalink





‘(4) any such other information as the State educational agency may require. CommentsClose CommentsPermalink





‘(b) State Educational Agencies- Each State educational agency that receives a grant under this part shall prepare and submit, annually, to the Secretary a report that includes-- CommentsClose CommentsPermalink





‘(1) a description of the programs and activities conducted by the State educational agency with grant funds received under this part; CommentsClose CommentsPermalink





‘(2) a description of the progress of the State educational agency in meeting the purposes of this part described in section 2201; CommentsClose CommentsPermalink





‘(3) how the State educational agency is using grant funds received under this part; CommentsClose CommentsPermalink





‘(4) the methods and criteria the State educational agency used to award subgrants to eligible entities under section 2221 and, if applicable, funds to teacher or school leader academies under section 2211(d)(3)(B); and CommentsClose CommentsPermalink





‘(5) the results of the periodic evaluations conducted under section 2231. CommentsClose CommentsPermalink

‘SEC. 2233. NATIONAL ACTIVITIES.

‘From the funds reserved by the Secretary under section 2211(a)(1), the Secretary shall, directly or through grants and contracts-- CommentsClose CommentsPermalink





‘(1) provide technical assistance to States and eligible entities in carrying out activities under this part; and CommentsClose CommentsPermalink





‘(2) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by States and eligible entities under this part. CommentsClose CommentsPermalink

‘SEC. 22324. DEFINITIONS.

‘In this part: CommentsClose CommentsPermalink





‘(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means-- CommentsClose CommentsPermalink





‘(A) a local educational agency or consortium of local educational agencies; CommentsClose CommentsPermalink





‘(B) an institution of higher education or consortium of such institutions in partnership with a local educational agency or consortium of local educational agencies; CommentsClose CommentsPermalink





‘(C) a for-profit organization, a nonprofit organization, or a consortium of for-profit or nonprofit organizations in partnership with a local educational agency or consortium of local educational agencies; or CommentsClose CommentsPermalink





‘(D) a consortium of the entities described in subparagraphs (B) and (C). CommentsClose CommentsPermalink





‘(2) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. CommentsClose CommentsPermalink





‘(3) STATE AUTHORIZER- The term ‘State authorizer’ means an entity designated by the Governor of a State to authorize teacher or school leader preparation academies within the State that-- CommentsClose CommentsPermalink





‘(A) enters into an agreement with a teacher or school leader preparation academy that-- CommentsClose CommentsPermalink





‘(i) specifies the goals expected of the academy, which, at a minimum, include the goals described in paragraph (4); and CommentsClose CommentsPermalink





‘(ii) does not reauthorize the academy if such goals are not met; and CommentsClose CommentsPermalink





‘(B) may be a nonprofit organization, a State educational agency, or other public entity, or consortium of such entities (including a consortium of State educational agencies). CommentsClose CommentsPermalink





‘(4) TEACHER OR SCHOOL LEADER PREPARATION ACADEMY- The term ‘teacher or school leader preparation academy’ means a public or private entity, or a nonprofit or for-profit organization, which may be an institution of higher education or an organization affiliated with an institution of higher education, that will prepare teachers or school leaders to serve in schools, and that-- CommentsClose CommentsPermalink





‘(A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including-- CommentsClose CommentsPermalink





‘(i) a requirement that prospective teachers or school leaders who are enrolled in a teacher or school leader preparation academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher or school leader, respectively, with a demonstrated record of increasing student achievement, while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher or school leader will become certified or licensed; CommentsClose CommentsPermalink





‘(ii) the number of effective teachers or school leaders, respectively, who will demonstrate success in increasing student achievement that the academy will produce; and CommentsClose CommentsPermalink





‘(iii) a requirement that a teacher or school leader preparation academy will only award a certificate of completion after the graduate demonstrates that the graduate is an effective teacher or school leader, respectively, with a demonstrated record of increasing student achievement, except that an academy may award a provisional certificate for the period necessary to allow the graduate to demonstrate such effectiveness; CommentsClose CommentsPermalink





‘(B) does not have restrictions on the methods the academy will use to train prospective teacher or school leader candidates, including-- CommentsClose CommentsPermalink





‘(i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic research; CommentsClose CommentsPermalink





‘(ii) restrictions related to the academy’s physical infrastructure; CommentsClose CommentsPermalink





‘(iii) restrictions related to the number of course credits required as part of the program of study; CommentsClose CommentsPermalink





‘(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 relevant State-approved content area examinations; or CommentsClose CommentsPermalink





‘(v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy; CommentsClose CommentsPermalink





‘(C) limits admission to its program to prospective teacher or school leader candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment; and CommentsClose CommentsPermalink





‘(D) results in a certificate of completion that the State may recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. CommentsClose CommentsPermalink





‘(5) TEACHER RESIDENCY PROGRAM- The term ‘teacher residency program’ means a school-based teacher preparation program in which a prospective teacher-- CommentsClose CommentsPermalink





‘(A) for one academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A, who is the teacher of record; CommentsClose CommentsPermalink





‘(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution (as defined in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021)), which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; and CommentsClose CommentsPermalink





‘(C) acquires effective teaching skills.’. CommentsClose CommentsPermalink





(d) Part C- Part C of title II (20 U.S.C. 6671 et seq.) is amended-- CommentsClose CommentsPermalink





(1) by striking subparts 1 through 4; CommentsClose CommentsPermalink





(2) by striking the heading relating to subpart 5; CommentsClose CommentsPermalink





(3) by striking sections 2361 and 2368; CommentsClose CommentsPermalink





(4) in section 2362, by striking ‘principals’ and inserting ‘school leaders’; CommentsClose CommentsPermalink





(5) in section 2363(6)(A), by striking ‘principal’ and inserting ‘school leader’; CommentsClose CommentsPermalink





(6) in section 2366(b), by striking ‘ate law’ and inserting ‘(3) A State law’; CommentsClose CommentsPermalink





(7) by redesignating section 2362 as section 2361; CommentsClose CommentsPermalink





(8) by redesignating section 2363 as section 2366; and(9) by redesignating sections 2364 through 2367 as sections 2362 through 2365, respectively; and CommentsClose CommentsPermalink





(9) by redesignating section 2363 as section 2366 and transferring such section to appear after section 2365 (as so redesignated). CommentsClose CommentsPermalink





(e) Part D- Part D of title II (20 U.S.C. 6751 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘PART D--GENERAL PROVISIONS

‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

‘In this title, the term ‘local educational agency’ includes a charter school (as defined in section 5101) that, in the absence of this section, would not have received funds under this title. CommentsClose CommentsPermalink

‘SEC. 2402. PARENTS’ RIGHT TO KNOW.

‘At the beginning of each school year, a local educational agency that receives funds under this title shall notify the parents of each student attending any school receiving funds under this title that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the results, as they become available, of the evaluprofessional qualifications of the student’s classroom teachers conducted under the teacher evaluation system developed and implemented by the local educational agency under part A. CommentsClose CommentsPermalink

‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

‘Funds received under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.‘SEC. 2404. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.‘Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, support, or exercise any direction or supervision over the instructional content or materials, curriculum, program of instruction, academic standards, academic assessments, or the development or implementation of a teacher evaluation system of a State, local educational agency, or school.’. CommentsClose CommentsPermalink

SEC. 102. CONFORMING REPEALS.

(a) Conforming Repeals- Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through 204. CommentsClose CommentsPermalink





(b) Effective Date- The amendments and repeals made inrepeals made by subsection (a) shall take effect October 1, 2012. CommentsClose CommentsPermalink

TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY CommentsClose CommentsPermalink

SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY CommentsClose CommentsPermalink

‘Part A--Parental EngagementART A--PARENTAL ENGAGEMENT

‘Subpart 1--Charter School Program

‘SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.

‘It is the sense of the House of Representatives that the programs for public charter schools under part B of title V be reauthorized as such part was amended under the provisions of H.R. 2218, as passed by the House of Representatives on September 13, 2011, and be transferred and redesignated to this subpart. CommentsClose CommentsPermalink

‘Subpart 2--Magnet School Assistance

‘SEC. 3121. PURPOSE.

‘The purpose of this subpart is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies for-- CommentsClose CommentsPermalink





‘(1) the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools; CommentsClose CommentsPermalink





‘(2) the development and implementation of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet State academic standards; CommentsClose CommentsPermalink





‘(3) the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs; CommentsClose CommentsPermalink





‘(4) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable career, technical, and professional skills of students attending such schools; CommentsClose CommentsPermalink





‘(5) improving the ability of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and CommentsClose CommentsPermalink





‘(6) ensuring that students enrolled in the magnet school programs have equitable access to a quality education that will enable the students to succeed academically and continue with postsecondary education or employment. CommentsClose CommentsPermalink

‘SEC. 3122. DEFINITION.

‘For the purpose of this subpart, the term ‘magnet school’ means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. CommentsClose CommentsPermalink

‘SEC. 3123. PROGRAM AUTHORIZED.

‘From the amount appropriated under section 3(b)(1)(B), the Secretary, in accordance with this subpart, is authorized to award grants to eligible local educational agencies, and consortia of such agencies where appropriate, to carry out the purpose of this subpart for magnet schools that are-- CommentsClose CommentsPermalink





‘(1) part of an approved desegregation plan; and CommentsClose CommentsPermalink





‘(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together. CommentsClose CommentsPermalink

‘SEC. 3124. ELIGIBILITY.

‘A local educational agency, or consortium of such agencies where appropriate, is eligible to receive a grant under this subpart to carry out the purpose of this subpart if such agency or consortium-- CommentsClose CommentsPermalink





‘(1) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or CommentsClose CommentsPermalink





‘(2) without having been required to do so, has adopted and is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this subpart, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority-group-segregated children or faculty in such schools. CommentsClose CommentsPermalink

‘SEC. 3125. APPLICATIONS AND REQUIREMENTS.

‘(a) Applications- An eligible local educational agency, or consortium of such agencies, desiring to receive 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. CommentsClose CommentsPermalink





‘(b) Information and Assurances- Each application submitted under subsection (a) shall include-- CommentsClose CommentsPermalink





‘(1) a description of-- CommentsClose CommentsPermalink





‘(A) how a grant awarded under this subpart will be used to promote desegregation, including how the proposed magnet school programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds; CommentsClose CommentsPermalink





‘(B) the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school; CommentsClose CommentsPermalink





‘(C) how the applicant will continue the magnet school program after assistance under this subpart is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this subpart cannot be continued without the use of grant funds under this subpart; CommentsClose CommentsPermalink





‘(D) how grant funds under this subpart will be used-- CommentsClose CommentsPermalink





‘(i) to improve student academic achievement for all students attending the magnet school programs; and CommentsClose CommentsPermalink





‘(ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; and CommentsClose CommentsPermalink





‘(E) the criteria to be used in selecting students to attend the proposed magnet school program; and CommentsClose CommentsPermalink





‘(2) assurances that the applicant will-- CommentsClose CommentsPermalink





‘(A) use grant funds under this subpart for the purposes specified in section 3121; CommentsClose CommentsPermalink





‘(B) employ effective teachers in the courses of instruction assisted under this subpart; CommentsClose CommentsPermalink





‘(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in-- CommentsClose CommentsPermalink





‘(i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; CommentsClose CommentsPermalink





‘(ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and CommentsClose CommentsPermalink





‘(iii) designing or operating extracurricular activities for students; CommentsClose CommentsPermalink





‘(D) carry out a quality education program that will encourage greater parental decisionmaking and involvement; and CommentsClose CommentsPermalink





‘(E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. CommentsClose CommentsPermalink





‘(c) Special Rule- No grant shall be awarded under this subpart unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met. CommentsClose CommentsPermalink

‘SEC. 3126. PRIORITY.

‘In awarding grants under this subpart, the Secretary shall give priority to applicants that-- CommentsClose CommentsPermalink





‘(1) demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; CommentsClose CommentsPermalink





‘(2) propose to carry out new magnet school programs, or significantly revise existing magnet school programs; CommentsClose CommentsPermalink





and‘(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and CommentsClose CommentsPermalink





‘(4) propose to serve the entire student population of a school. CommentsClose CommentsPermalink

‘SEC. 3127. USE OF FUNDS.

‘(a) In General- Grant funds made available under this subpart may be used by an eligible local educational agency, or consortium of such agencies-- CommentsClose CommentsPermalink





‘(1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; CommentsClose CommentsPermalink





‘(2) for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; CommentsClose CommentsPermalink





‘(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, and instructional staff where applicable, who are necessary to conduct programs in magnet schools; CommentsClose CommentsPermalink





‘(4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that-- CommentsClose CommentsPermalink





‘(A) are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and CommentsClose CommentsPermalink





‘(B) further the purpose of this subpart; CommentsClose CommentsPermalink





‘(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet school programs once the grant period has ended; CommentsClose CommentsPermalink





‘(6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; and CommentsClose CommentsPermalink





‘(7) to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades. CommentsClose CommentsPermalink





‘(b) Special Rule- Grant funds under this subpart 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 State’s 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. CommentsClose CommentsPermalink

‘SEC. 3128. PROHIBITION.

‘Grants under this subpart shall not be used for construction, transportation, or any activity that does not augment academic improvement.

‘SEC. 3129. LIMITATIONS.

‘(a) Duration of Awards- A grant under this subpart shall be awarded for a period that shall not exceed 3 fiscal years. CommentsClose CommentsPermalink





‘(b) Limitation on Planning Funds- A local educational agency, or consortium of such agencies, may expend for planning (professional development shall not be considered to be planning for purposes of this subsection) not more than 50 percent of the grant funds received under this subpart for the first year of the program and not more than 15 percent of such funds for each of the second and third such years. CommentsClose CommentsPermalink





‘(c) Amount- No local educational agency, or consortium of such agencies, awarded a grant under this subpart shall receive more than $4,000,000 under this subpart for any 1 fiscal year. CommentsClose CommentsPermalink





‘(d) Timing- To the extent practicable, the Secretary shall award grants for any fiscal year under this subpart not later than July 1 of the applicable fiscal year. CommentsClose CommentsPermalink

‘SEC. 313029. EVALUATIONS.

‘(a) Reservation- The Secretary may reserve not more than 2 percent of the funds appropriated under section 3(b)(1)(B) for any fiscal year to carry out evaluations, provide technical assistance, and carry out dissemination projects with respect to magnet school programs assisted under this subpart. CommentsClose CommentsPermalink





‘(b) Contents- Each evaluation described in subsection (a), at a minimum, shall address-- CommentsClose CommentsPermalink





‘(1) how and the extent to which magnet school programs lead to educational quality and academic improvement; CommentsClose CommentsPermalink





‘(2) the extent to which magnet school programs enhance student access to a quality education; CommentsClose CommentsPermalink





‘(3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and CommentsClose CommentsPermalink





‘(4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. CommentsClose CommentsPermalink





‘(c) Dissemination- The Secretary shall collect and disseminate to the general public information on successful magnet school programs. CommentsClose CommentsPermalink

‘SEC. 31310. RESERVATION.

‘In any fiscal year for which the amount appropriated under section 3(b)(1)(B) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this subpart in the preceding fiscal year. CommentsClose CommentsPermalink

‘Subpart 3--Family Engagement in Education Programs

‘SEC. 3141. PURPOSES.

‘The purposes of this subpart are the following: CommentsClose CommentsPermalink





‘(1) To provide financial support to organizations to provide technical assistance and training to State and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. CommentsClose CommentsPermalink





‘(2) To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators 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. CommentsClose CommentsPermalink





‘(3) To support State educational agencies, local educational 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. CommentsClose CommentsPermalink





‘(4) To coordinate activities funded under this subpart with parent involvement initiatives funded under section 1118 and other provisions of this Act. CommentsClose CommentsPermalink





‘(5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education. CommentsClose CommentsPermalink

‘SEC. 3142. GRANTS AUTHORIZED.

‘(a) Statewide Family Engagement Centers- From the amount appropriated under section 3(b)(1)(C), the Secretary is authorized to award grants for each fiscal year to statewide organizations (and consortia of such organizations and State educational agencies), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out, or carry out directly, parent education and family engagement in education programs. CommentsClose CommentsPermalink





‘(b) Minimum Award- 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. CommentsClose CommentsPermalink

‘SEC. 3143. APPLICATIONS.

‘(a) Submissions- Each statewide organization, or a consortium of such an organization and a State educational agency, that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including the information described in subsection (b). CommentsClose CommentsPermalink





‘(b) Contents- Each application submitted under subsection (a) shall include, at a minimum, the following: CommentsClose CommentsPermalink





‘(1) A description of the applicant’s approach to family engagement in education. CommentsClose CommentsPermalink





‘(2) A description of the support that the Statewide Family Engagement Center that will be operated by the applicant will have from the applicant, including a letter from the applicant outlining the commitment to work with the center. CommentsClose CommentsPermalink





‘(3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes-- CommentsClose CommentsPermalink





‘(A) management and governance; CommentsClose CommentsPermalink





‘(B) statewide leadership; or CommentsClose CommentsPermalink





‘(C) systemic services for family engagement in education. CommentsClose CommentsPermalink





‘(4) A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. CommentsClose CommentsPermalink





‘(5) An assurance that the applicant will-- CommentsClose CommentsPermalink





‘(A) establish a special advisory committee, the membership of which includes-- CommentsClose CommentsPermalink





‘(i) parents, who shall constitute a majority of the members of the special advisory committee; CommentsClose CommentsPermalink





‘(ii) representatives of education professionals with expertise in improving services for disadvantaged children; CommentsClose CommentsPermalink





‘(iii) representatives of local elementary schools and secondary schools, including students; CommentsClose CommentsPermalink





‘(iv) representatives of the business community; and CommentsClose CommentsPermalink





‘(v) representatives of State educational agencies and local educational agencies; CommentsClose CommentsPermalink





‘(B) use not less than 65 percent of the funds received under this subpart in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(D) ensure that the Center will retain staff with the requisite training and experience to serve parents in the State; CommentsClose CommentsPermalink





‘(E) serve urban, suburban, and rural local educational agencies and schools; CommentsClose CommentsPermalink





‘(F) work with-- CommentsClose CommentsPermalink





‘(i) other Statewide Family Engagement Centers assisted under this subpart; and CommentsClose CommentsPermalink





‘(ii) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; CommentsClose CommentsPermalink





‘(G) use not less than 30 percent of the funds received under this subpart for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; CommentsClose CommentsPermalink





‘(H) provide assistance to State educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement; CommentsClose CommentsPermalink





‘(I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘SEC. 3144. USES OF FUNDS.

‘(a) In General- Grantees shall use grant funds received under this subpart, based on the needs determined under section 3143(b)(5)(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-- CommentsClose CommentsPermalink





‘(1) to assist parents in participating effectively in their children’s education and to help their children meet State standards, such as assisting parents-- CommentsClose CommentsPermalink





‘(A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; CommentsClose CommentsPermalink





‘(B) to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; CommentsClose CommentsPermalink





‘(C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; CommentsClose CommentsPermalink





‘(D) to participate in the design and provision of assistance to students who are not making academic progress; CommentsClose CommentsPermalink





‘(E) to participate in State and local decisionmaking; CommentsClose CommentsPermalink





‘(F) to train other parents; and CommentsClose CommentsPermalink





‘(G) to help the parents learn and use technology applied in their children’s education; CommentsClose CommentsPermalink





‘(2) to develop and implement, in partnership with the State educational agency, statewide family engagement in education 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 CommentsClose CommentsPermalink





‘(3) to develop, implement, and assess parental involvement policies under sections 1112 and 1118. CommentsClose CommentsPermalink





‘(b) Matching Funds for Grant Renewal- For each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that 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. CommentsClose CommentsPermalink





‘(c) Technical Assistance- The Secretary shall reserve not more than 2 percent of the funds appropriated under section 3(b)(C) to carry out this subpart to provide technical assistance, by grant or contract, for the establishment, development, and coordination of Statewide Family Engagement Centers. CommentsClose CommentsPermalink





‘(d) Rule of Construction- Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from-- CommentsClose CommentsPermalink





‘(1) having its employees or agents meet with a parent at a site that is not on school grounds; or CommentsClose CommentsPermalink





‘(2) working with another agency that serves children. CommentsClose CommentsPermalink





‘(e) Parental Rights- Notwithstanding any other provision of this section-- CommentsClose CommentsPermalink





‘(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 education or developmental screening under this section; and CommentsClose CommentsPermalink





‘(2) no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. CommentsClose CommentsPermalink

‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

‘The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with local Indian nonprofit parent organizations to establish and operate Family Engagement Centers. CommentsClose CommentsPermalink

‘PartART B--Local Academic Flexible GrantOCAL ACADEMIC FLEXIBLE GRANT

‘SEC. 3201. PURPOSE.

‘The purpose of this part is to-- CommentsClose CommentsPermalink





‘(1) provide local educational agencies with the opportunity to access funds to support the initiatives important to their schools and students to improve academic achievement; and CommentsClose CommentsPermalink





‘(2) provide nonprofit and for-profit entities the opportunity to work with students to improve academic achievement. CommentsClose CommentsPermalink

‘SEC. 3202. ALLOTMENTS TO STATES.

‘(a) Reservations- From the funds appropriated under section 3(b)(2) for any fiscal year, the Secretary shall reserve-- CommentsClose CommentsPermalink





‘(1) not more than one-half of 1 percent for national activities to provide technical assistance to eligible entities in carrying out programs under this part; and CommentsClose CommentsPermalink





‘(2) not more than one-half of 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. CommentsClose CommentsPermalink





‘(b) State Allotments- CommentsClose CommentsPermalink





‘(1) DETERMINATION- From the funds appropriated under section 3(b)(2) for any fiscal year and remaining after the Secretary 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 chapter B of subpart 1 of part A of title I for the preceding fiscal year bears to the amount all States received under that chapter 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. CommentsClose CommentsPermalink





‘(2) REALLOTMENT 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 section. CommentsClose CommentsPermalink





‘(c) State Use of Funds- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State that receives an allotment under this part shall reserve not less than 75 percent of the amount allotted to the State under subsection (b) for each fiscal year for awards to eligible entities under section 3204. CommentsClose CommentsPermalink





‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT- Each State that receives an allotment under subsection (b) for each fiscal year shall reserve not less than 10 percent of the amount allotted to the State for awards to nongovernmental entities under section 3205. CommentsClose CommentsPermalink





‘(3) STATE ACTIVITIES AND STATE ADMINISTRATION- A State educational agency may reserve not more than 15 percent of the amount allotted to the State under subsection (b) for each fiscal year for the following: CommentsClose CommentsPermalink





‘(A) Enabling the State educational agency-- CommentsClose CommentsPermalink





‘(i) to pay the costs of developing the State assessments and standards required under section 1111(b), which may include the costs of working, at the sole discretion of the State, in voluntary partnerships with other States to develop such assessments and standards; or CommentsClose CommentsPermalink





‘(ii) if the State has developed the assessments and standards required under section 1111(b), to administer those assessments or carry out other activities related to ensuring that the State’s schools and local educational agencies are helping students meet the State’s academic standards under such section. CommentsClose CommentsPermalink





‘(B) The administrative costs of carrying out its responsibilities under this part, except that not more than 5 percent of the reserved amount may be used for this purpose. CommentsClose CommentsPermalink





‘(C) Monitoring and evaluation of programs and activities assisted under this part. CommentsClose CommentsPermalink





‘(D) Providing training and technical assistance under this part. CommentsClose CommentsPermalink





‘(E) Statewide academic focused programs. CommentsClose CommentsPermalink





‘(F) Sharing evidence-based and other effective strategies with eligible entities. CommentsClose CommentsPermalink

‘SEC. 3203. STATE APPLICATION.

‘(a) In General- In order to receive an allotment under section 3202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that-- CommentsClose CommentsPermalink





‘(1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; CommentsClose CommentsPermalink





‘(2) describes how the State educational agency will use funds reserved for State-level activities; CommentsClose CommentsPermalink





‘(3) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include reviewing how the proposed project will help increase student academic achievement; CommentsClose CommentsPermalink





‘(4) describes how the State educational agency will ensure that awards made under this part are-- CommentsClose CommentsPermalink





‘(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and CommentsClose CommentsPermalink





‘(B) in amounts that are consistent with section 3204(f); CommentsClose CommentsPermalink





‘(5) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, and dissemination of evidence-based and other effective strategies; CommentsClose CommentsPermalink





‘(6) describes how the State educational agency will consider students across all grades when making these awards; CommentsClose CommentsPermalink





‘(7) an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised and will not exercise any influence in the decision-making process of eligible entities as to the expenditure of funds received by the eligible entities under this part; CommentsClose CommentsPermalink





‘(8) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; CommentsClose CommentsPermalink





‘(9) contains an assurance that the State educational agency-- CommentsClose CommentsPermalink





‘(A) will make awards for programs for a period of not less than 3 years and not more thanmore than 5 years; and CommentsClose CommentsPermalink





‘(B) will require each eligible entity seeking such an award to submit a plan describing how the project to be funded through the award will continue after funding under this part ends, if applicable; and CommentsClose CommentsPermalink





‘(10) 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 fundsState and local public funds expended to provide programs and activities authorized under this part and other similar programs. CommentsClose CommentsPermalink





‘(b) Deemed Approval- An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. CommentsClose CommentsPermalink





‘(c) Disapproval- The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. CommentsClose CommentsPermalink





‘(d) Notification- If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall-- CommentsClose CommentsPermalink





‘(1) give the State educational agency notice and an opportunity for a hearing; and CommentsClose CommentsPermalink





‘(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall-- CommentsClose CommentsPermalink





‘(A) cite the specific provisions in the application that are not in compliance; and CommentsClose CommentsPermalink





‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. CommentsClose CommentsPermalink





‘(e) Response- 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 Secretary shall approve or disapprove such application prior to the later of-- CommentsClose CommentsPermalink





‘(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or CommentsClose CommentsPermalink





‘(2) the expiration of the 120-day period described in subsection (b). CommentsClose CommentsPermalink





‘(f) Failure to Respond- If the State educational agency does not respond 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, such application shall be deemed to be disapproved. CommentsClose CommentsPermalink





‘(g) Rule of Construction- An application submitted by a State educational agency pursuant to subsection (a) shall not be approved or disapproved based upon the activities for which the agency may make funds available to eligible entities under section 3204 if the agency’s use of funds is consistent with section 3204(b). CommentsClose CommentsPermalink

‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

‘(a) In General- A State that receives funds under this part for a fiscal year shall provide the amount made available under section 3202(c)(1) to eligible entities in accordance with this section. CommentsClose CommentsPermalink





‘(b) Use of Funds- CommentsClose CommentsPermalink





‘(1) IN GENERAL- An eligible entity that receives an award under this part shall use the funds for activities that-- CommentsClose CommentsPermalink





‘(A) are evidence-based; CommentsClose CommentsPermalink





‘(B) will improve student academic achievement; CommentsClose CommentsPermalink





‘(C) are allowable under State law; and CommentsClose CommentsPermalink





‘(D) focus on one or more projects from the following two categories: CommentsClose CommentsPermalink





‘(i) Supplemental student support activities such as before, after, or summer school activities, tutoring, and expanded learning time, but not including athletics or in-school learning activities. CommentsClose CommentsPermalink





‘(ii) Activities designed to support students, such as academic subject specific programs, adjunct teacher programs, extended learning time programs, and parent engagement, but not including activities to-- CommentsClose CommentsPermalink





‘(I) support smaller class sizes or construction; or CommentsClose CommentsPermalink





‘(II) provide compensation or benefits to teachers, school leaders, other school officials, or local educational agency staff. CommentsClose CommentsPermalink





‘(2) PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS- An eligible entity that receives an award under this part shall ensure compliance with section 5501 (relating to participation of children enrolled in private schools). CommentsClose CommentsPermalink





‘(c) Application- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To be eligible to receive an award 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, including the contents required by paragraph (2). CommentsClose CommentsPermalink





‘(2) CONTENTS- Each application submitted under paragraph (1) shall include-- CommentsClose CommentsPermalink





‘(A) a description of the activities to be funded and how they are consistent with subsection (b); CommentsClose CommentsPermalink





‘(B) an assurance that 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 activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds; CommentsClose CommentsPermalink





and‘(C) an assurance that the community will be given notice of an intent to submit an application with an opportunity for comment, and that the application will be available for public review after submission of the application.‘(d); and CommentsClose CommentsPermalink





‘(D) an assurance that students who benefit from any activity funded under this part shall continue to maintain enrollment in a public elementary or secondary school. CommentsClose CommentsPermalink





‘(d) Review- In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall only judgebe limited to the likelihood that the project will increase student academic achievement. CommentsClose CommentsPermalink





‘(e) Geographic Diversity- A State educational agency shall distribute funds under this part equitably among geographic areas within the State, including rural, suburban, and urban communities. CommentsClose CommentsPermalink





‘(f) Award- A grant shall be awarded to all eligible entities that submit an application that meets the requirements of this section in an amount that is not less than $10,000.‘(g) , but there shall be only one minimum award granted to any one local educational agency. CommentsClose CommentsPermalink





‘(g) Duration of Awards- Grants under this part may be awarded for a period of not less than 3 years and not more than 5 years. CommentsClose CommentsPermalink





‘(h) Eligible Entity Defined- In this section, the term ‘eligible entity’ means-- CommentsClose CommentsPermalink





‘(1) a local educational agency in partnership with a community-based organization, private sector business entity, or nongovernmental entity; CommentsClose CommentsPermalink





‘(2) a consortium of local educational agencies working in partnership with a community-based organization, business entity, or nongovernmental entity; CommentsClose CommentsPermalink





‘(3) a community-based organization in partnership with a local educational agency and, if applicable, a private sector business entity or nongovernmental entity; or CommentsClose CommentsPermalink





‘(4) a private sector business entity in partnership with a local educational agency and, if applicable, a community-based organization or nongovernmental entity. CommentsClose CommentsPermalink

‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC ACHIEVEMENT.

‘(a) In General- From the amount reserved under section 3202(c)(2), a State educational agency shall award grants to nongovernmental entities, including public or private organizations, community-based or faith-based organizations, and business entities for a program or project for elementary or secondary school studentto increase the academic achievement of public school students attending public elementary or secondary schools (or both) that will help improve academic achievement in compliance with the requirements in this section. Subject to the availability of funds, the State educational agency shall award a grant to each eligible applicant that meets the requirements in a sufficient size and scope to support the program. CommentsClose CommentsPermalink





‘(b) Application- The State educational agency shall require an application that includes the following information: CommentsClose CommentsPermalink





‘(1) A description of the program or project the applicant will use the funds to support. CommentsClose CommentsPermalink





‘(2) A description of how the applicant is using or will use other State, local, or private funding to support the program or project. CommentsClose CommentsPermalink





‘(3) A description of how the program or project will help increase student academic achievement, including the evidence to support this claim. CommentsClose CommentsPermalink





‘(4) A description of the student population the program or project is targeting to impact, and if the program will prioritize students in high-need local educational agencies. CommentsClose CommentsPermalink





‘(5) A description of how the applicant will conduct sufficient outreach to ensure students can participate in the program or project. CommentsClose CommentsPermalink





‘(6) A description of any partnerships the applicant has entered into with the local educational agencies or other entities the applicant will work with, if applicable. CommentsClose CommentsPermalink





‘(7) A description of how the applicant will work to share evidence-based and other effective strategies from the program or project with local educational agencies and other entities working with students to increase academic achievement. CommentsClose CommentsPermalink





‘(8) An assurance that students who benefit from any program or project funded under this section shall continue to maintain enrollment in a public elementary or secondary school. CommentsClose CommentsPermalink





‘(c) Matching Contribution- An eligible applicant receiving a grant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant. CommentsClose CommentsPermalink





‘(d) Review- The State educational agency shall review the application to ensure that-- CommentsClose CommentsPermalink





‘(1) the applicant is an eligible applicant; CommentsClose CommentsPermalink





‘(2) the application clearly describes the required elements in subsection (b); CommentsClose CommentsPermalink





‘(3) the entity meets the matching requirement described in subsection (c); and CommentsClose CommentsPermalink





‘(4) the program is allowable and complies with Federal, State, and local laws. CommentsClose CommentsPermalink





‘(e) Distribution of Funds- If the application requests exceed the funds available, the State educational agency shall prioritize projects that support students in high-need local educational agencies and ensure geographic diversity, including serving rural, suburban, and urban areas. CommentsClose CommentsPermalink





‘(f) Administrative Costs- Not more than 1 percent of a grant awarded under this section may be used for administrative costs. CommentsClose CommentsPermalink

‘SEC. 3206. REPORT.

‘Each recipient of a grant under section 3204 or 3205 shall report to the State educational agency on-- CommentsClose CommentsPermalink





‘(1) the success of the program in reaching the goals of the program; CommentsClose CommentsPermalink





‘(2) a description of the students served by the program and how the students’ academic achievement improved; and CommentsClose CommentsPermalink





‘(3) the results of any evaluation conducted on the success of the program.’. CommentsClose CommentsPermalink

TITLE III--IMPACT AID CommentsClose CommentsPermalink

SEC. 301. PURPOSE.

Section 80021 (20 U.S.C. 7701) is amended by striking ‘challenging State standards’ and inserting ‘State academic standards’. CommentsClose CommentsPermalink

SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

Section 8002 (20 U.S.C. 7702) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘2003’ and inserting ‘2018’; and CommentsClose CommentsPermalink





(B) by amending paragraph (1)(Cin paragraph (1)(C), by amending the matter preceding clause (i) to read as follows: CommentsClose CommentsPermalink





‘(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) or other records that the Secretary determines to be appropriate and reliable, including Federal agency records or local historical records, aggregating 10 percent or more of the assessed value of--’; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1)(B), by striking ‘section 8014(a)’ and inserting ‘section 3(c)(1)’; CommentsClose CommentsPermalink





(B) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(2) DETERMINATION OF ESTIMATED TAXABLE VALUE FOR ELIGIBLE FEDERAL PROPERTY- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), in determining the estimated taxable value of eligible Federal property located within the boundaries of a local educational agency for fiscal year 2013 and each succeeding fiscal year, the Secretary shall carry out the following: CommentsClose CommentsPermalink





‘(i) Determine the total taxable value of real property located within the boundaries of such local educational agency for the purpose of levying a property tax for current expenditures. CommentsClose CommentsPermalink





‘(ii) Determine the per acre value of the eligible Federal property by dividing-- CommentsClose CommentsPermalink





‘(I) the total taxable value determined under clause (i), by CommentsClose CommentsPermalink





‘(II) the difference between the total acres located within the boundaries of the local educational agency and the number of Federal acres in that agency eligible under this section. CommentsClose CommentsPermalink





‘(iii) Multiply-- CommentsClose CommentsPermalink





‘(I) the per acre value calculated under clause (ii), by CommentsClose CommentsPermalink





‘(II) the number of Federal acres in that agency eligible under this section. CommentsClose CommentsPermalink





‘(B) SPECIAL RULE- In a case in which a local educational agency shares eligible Federal property with 2 or more local educational agencies, the local educational agency may elect to have the Secretary-- CommentsClose CommentsPermalink





‘(i) calculate the per acre value of the eligible Federal property of each such local educational agency in accordance with subparagraph (A); and CommentsClose CommentsPermalink





‘(ii) carry out the calculation under subparagraph (A)(iii) by multiplying-- CommentsClose CommentsPermalink





‘(I) the average of the per acre values of such eligible Federal properties, by CommentsClose CommentsPermalink





‘(II) the acres of the Federal property in that agency eligible under this section.’; and CommentsClose CommentsPermalink





(BC) by amending paragraph (3) to read as follows: CommentsClose CommentsPermalink





‘(3) APPLICATION OF CURRENT LEVIED REAL PROPERTY TAX RATE- In calculating the amount that a local educational agency is eligible to receive for a fiscal year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies, or imputed for fiscally dependent local educational agencies, to the current annually determined estimated taxable value of such acquired Federal property as calculated under paragraph (2).’; CommentsClose CommentsPermalink





(3) by amending subsection (f) to read as follows: CommentsClose CommentsPermalink





‘(f) Special Rule- Beginning with fiscal year 2013, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if records to determine eligibility under such subsection were destroyed prior to fiscal year 2000 and the agency received funds under subsection (b) in the previous year.’; CommentsClose CommentsPermalink





(4) by amending subsection (g) to read as follows: CommentsClose CommentsPermalink





‘(g) Former Districts- CommentsClose CommentsPermalink





‘(1) CONSOLIDATIONS- For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for such fiscal year on the basis of one or more of those former districts, as designated by the local educational agency. CommentsClose CommentsPermalink





‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- A local educational agency described in this paragraph is-- CommentsClose CommentsPermalink





‘(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for, and was determined to be eligible under section 2(c) of the Act of September 20, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or CommentsClose CommentsPermalink





‘(B) a local educational agency formed by the consolidation of 2 or more school districts, at least one of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if-- CommentsClose CommentsPermalink





‘(i) for fiscal years 2006 through 2012, the local educational agency notifies the Secretary not later than 30 days after the date of enactment of the Encouraging Innovation and Effective Teachers Act of the designation described in paragraph (1); and CommentsClose CommentsPermalink





‘(ii) for fiscal year 2013, and each subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF FUNDS- Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after fiscal year 2005, the Secretary may obligate funds remaining after final payments have been made for any of such fiscal years to carry out this subsection.’; CommentsClose CommentsPermalink





(5) in subsection (h)-- CommentsClose CommentsPermalink





(A) by striking ‘section 8014(a)’ each place it appears and inserting ‘section 3(c)(1)’; CommentsClose CommentsPermalink





(B) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) FOUNDATION PAYMENTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- From the amount appropriated under section 3(c)(1) for the fiscal year involved, the Secretary shall first make a payment to the following local educational agencies: CommentsClose CommentsPermalink





‘(i) Each local educational agency that received a payment under this section for fiscal year 2006 and was eligible for a payment under this section for fiscal year 2006. CommentsClose CommentsPermalink





‘(ii) Each local educational agency that did not receive a payment under this section for fiscal year 2006 but was newly eligible for a payment under this section after fiscal year 2006. CommentsClose CommentsPermalink





‘(B) AMOUNT- The amount of payment under subparagraph (A) for a local educational agency shall be determined as follows: CommentsClose CommentsPermalink





‘(i) For a local educational agency described in subparagraph (A)(i) the amount of payment shall be equal to 90 percent of the amount received by such local educational agency under subsection (b) for fiscal year 2006. CommentsClose CommentsPermalink





‘(ii) For a local educational agency described in subparagraph (A)(ii) the amount of payment shall be determined by-- CommentsClose CommentsPermalink





‘(I) calculating a payment estimate for fiscal year 2006 for such local educational agency under subsection (b) in the same manner as payments were determined for local educational agencies eligible for and receiving payments for fiscal year 2006 under such section; and CommentsClose CommentsPermalink





‘(II) multiplying the amount determined under subclause (I) by 90 percent. CommentsClose CommentsPermalink





‘(C) FOUNDATION PAYMENT- The amount of payments calculated under clause (i) or (ii) of subparagraph (B) for a local educational agency shall be considered the local educational agency’s foundation payments for each succeeding fiscal year. CommentsClose CommentsPermalink





‘(D) INSUFFICIENT APPROPRIATIONS- If the amount appropriated under section 3(c)(1) is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the Secretary shall ratably reduce the payment to each such local educational agency under this paragraph.’; CommentsClose CommentsPermalink





(C) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(2) REMAINING FUNDS- From any amounts remaining after making payments under paragraph (1) for the fiscal year involved, the Secretary shall-- CommentsClose CommentsPermalink





‘(A) sum the amounts determined for all eligible local educational agencies under subsection (b)(2); CommentsClose CommentsPermalink





‘(B) determine each eligible local educational agency’s proportional share of the amount calculated under subparagraph (A); and CommentsClose CommentsPermalink





‘(C) pay each eligible local educational agency its share of the remaining funds based on the proportion calculated under subparagraph (B).’; and CommentsClose CommentsPermalink





(D) by striking paragraphs (3) and (4); CommentsClose CommentsPermalink





(6) by repealing subsections (i) and (k); CommentsClose CommentsPermalink





(7) by redesignating subsection (l) as subsection (i); CommentsClose CommentsPermalink





(8) by amending subsection (i) (as so redesignated) by striking ‘(h)(4)(B)’ and inserting ‘(h)(2)’; CommentsClose CommentsPermalink





(9) by repealing subsection (m); and CommentsClose CommentsPermalink





(10) by redesignating subsection (n) as subsection (j). CommentsClose CommentsPermalink

SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) Computation of Payment- Section 8003(a) (20 U.S.C. 7703(a)) is amended-- CommentsClose CommentsPermalink





(1) in the matter preceding subparagraph (A) of paragraph (1), by inserting after ‘schools of such agency’ the following: ‘(including those children enrolled in such agency as a result of the open enrollment policy of the State in which the agency is located, but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency)’; CommentsClose CommentsPermalink





(2) in paragraph (4)-- CommentsClose CommentsPermalink





(A) in the heading, by striking ‘OR REBUILDING’ and inserting ‘, REBUILDING, OR AUTHORIZED FOR DEMOLITION’; CommentsClose CommentsPermalink





(B) in subparagraph (A), by striking ‘or rebuilding’ each place it appears and inserting ‘, rebuilding, or authorized for demolition by the Secretary of Defense or the head of another Federal agency’; and CommentsClose CommentsPermalink





(C) in subparagraph (B)-- CommentsClose CommentsPermalink





(i) by striking ‘or rebuilding’ each place it appears and inserting ‘, rebuilding, or authorized for demolition by the Secretary of Defense or the head of another Federal agency’; and CommentsClose CommentsPermalink





(ii) by striking ‘3 fiscal years’ each place it appears and inserting ‘4 fiscal years (which are not required to run consecutively)’; and CommentsClose CommentsPermalink





(3) in paragraph (5)(A), by inserting after ‘1984,’ the following: ‘or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code,’. CommentsClose CommentsPermalink





(b) Basic Support Payments for Heavily Impacted Local Educational Agencies- Section 8003(b) (20 U.S.C. 7703(b)) is amended-- CommentsClose CommentsPermalink





(1) by striking ‘section 8014(b)’ each place it appears and inserting ‘section 3(c)(2)’; CommentsClose CommentsPermalink





(2) in paragraph (1), by repealing subparagraph (E); CommentsClose CommentsPermalink





(3) in paragraph (2)-- CommentsClose CommentsPermalink





(A) in subparagraph (A), by inserting at the end the following: CommentsClose CommentsPermalink





‘(iii) The Secretary shall-- CommentsClose CommentsPermalink





‘(I) deem each local educational agency that received a basic support payment under this paragraph for fiscal year 2009 as eligible to receive a basic support payment under this paragraph for each of fiscal years 2010, 2011, and 2012; and CommentsClose CommentsPermalink





‘(II) make a payment to each such local educational agency under this paragraph for each of fiscal years 2010, 2011, and 2012.’; and CommentsClose CommentsPermalink





(B) in subparagraph (B)-- CommentsClose CommentsPermalink





(i) by striking ‘CONTINUING’ in the heading; CommentsClose CommentsPermalink





(ii) by amending clause (i) to read as follows: CommentsClose CommentsPermalink





‘(i) IN GENERAL- A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency-- CommentsClose CommentsPermalink





‘(I) is a local educational agency-- CommentsClose CommentsPermalink

‘(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 CommentsClose CommentsPermalink

‘(bb) that has no taxing authority; CommentsClose CommentsPermalink

‘(II) is a local educational agency that-- CommentsClose CommentsPermalink

‘(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; CommentsClose CommentsPermalink

‘(bb) has a per-pupil expenditure that is less than-- CommentsClose CommentsPermalink

‘(AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or CommentsClose CommentsPermalink

‘(BB) for any agency that has a total student enrollment less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located; or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and CommentsClose CommentsPermalink

‘(cc) is an agency that-- CommentsClose CommentsPermalink

‘(AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or CommentsClose CommentsPermalink

‘(BB) was eligible to receive a payment under this subsection for fiscal year 2012 and is located in a State that by State law has eliminated ad valorem tax as a revenue for local educational agencies; CommentsClose CommentsPermalink

‘(III) is a local educational agency that-- CommentsClose CommentsPermalink

‘(aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; CommentsClose CommentsPermalink

‘(bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and CommentsClose CommentsPermalink

‘(cc) has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; CommentsClose CommentsPermalink

‘(IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which-- CommentsClose CommentsPermalink

‘(aa) not less than 50 percent are children described in subsection (a)(1); and CommentsClose CommentsPermalink

‘(bb) not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or CommentsClose CommentsPermalink

‘(V) is a local educational agency that-- CommentsClose CommentsPermalink

‘(aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; and CommentsClose CommentsPermalink

‘(bb) was eligible to receive assistance under subparagraph (A) for fiscal year 2001.’; and CommentsClose CommentsPermalink

(iii) in clause (ii)-- CommentsClose CommentsPermalink





(I) by striking ‘A heavily’ and inserting the following: CommentsClose CommentsPermalink





‘(I) IN GENERAL- Subject to subclause (II), a heavily’; and CommentsClose CommentsPermalink





(II) by adding at the end the following: CommentsClose CommentsPermalink





‘(II) LOSS OF ELIGIBILITY DUE TO FALLING BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR GENERAL FUND PURPOSES- In a case of a heavily impacted local educational agency that fails to meet the requirements of clause (i) for a fiscal year by reason of having 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, subclause (I) shall be applied as if ‘and the subsequent fiscal year’ were inserted before the period at the end.’; CommentsClose CommentsPermalink





(C) by striking subparagraph (C); CommentsClose CommentsPermalink





(D) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively; CommentsClose CommentsPermalink





(E) in subparagraph (C) (as so redesignated)-- CommentsClose CommentsPermalink





(i) in the heading, by striking ‘REGULAR’; CommentsClose CommentsPermalink





(ii) by striking ‘Except as provided in subparagraph (E)’ and inserting ‘Except as provided in subparagraph (D)’; CommentsClose CommentsPermalink





(iii) by amending subclause (I) of clause (ii) to read as follows: CommentsClose CommentsPermalink





‘(ii)(I)(aa) For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraphs (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. CommentsClose CommentsPermalink





‘(bb) Notwithstanding subitem (aa), a local educational agency that received a payment under this paragraph for fiscal year 2006 shall not be required to have an enrollment of children described in subparagraphs (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency’s total enrollment.’; and CommentsClose CommentsPermalink





(iv) by amending subclause (III) of clause (ii) by striking ‘(B)(i)(II)(aa)’ and inserting ‘subparagraph (B)(i)(I)’; CommentsClose CommentsPermalink





(F) in subparagraph (D)(i)(II) (as so redesignated), by striking ‘6,000’ and inserting ‘5,500’; CommentsClose CommentsPermalink





(G) in subparagraph (E) (as so redesignated)-- CommentsClose CommentsPermalink





(i) by striking ‘Secretary’ and all that follows through ‘shall use’ and inserting ‘Secretary shall use’; CommentsClose CommentsPermalink





(ii) by striking ‘; and’ and inserting a period; and CommentsClose CommentsPermalink





(iii) by striking clause (ii); CommentsClose CommentsPermalink





(H) in subparagraph (F) (as so redesignated), by striking ‘subparagraph (C)(i)(II)(bb)’ and inserting ‘subparagraph (B)(i)(II)(bb)’; CommentsClose CommentsPermalink





(I) in subparagraph (G) (as so redesignated)-- CommentsClose CommentsPermalink





(i) in clause (i)-- CommentsClose CommentsPermalink





(I) by striking ‘subparagraph (B), (C), (D), or (E)’ and inserting ‘subparagraph (B), (C), or (D)’; CommentsClose CommentsPermalink





(II) by striking ‘by reason of’ and inserting ‘due to’; CommentsClose CommentsPermalink





(III) by inserting after ‘clause (iii)’ the following ‘, or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation,’; and CommentsClose CommentsPermalink





(IV) by inserting before the period, the following: ‘or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing’; and CommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘(D) or (E)’ each place it appears and inserting ‘(C) or (D)’; CommentsClose CommentsPermalink





(4) in paragraph (3)-- CommentsClose CommentsPermalink





(A) in subparagraph (B)-- CommentsClose CommentsPermalink





(i) by striking clause (iii); and

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

‘(iiiamending clause (iii) to read as follows: CommentsClose CommentsPermalink




‘(iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, but which enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and which received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of enactment of the Encouraging Innovation and Effective Teachers Act) for students in grades 9 through 12, the Secretary shall, in calculating 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).’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: CommentsClose CommentsPermalink





‘(v) In the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency, the Secretary shall-- CommentsClose CommentsPermalink





‘(I) for purposes of the calculation under clause (i)(I), disregard such children from the total number of children in average daily attendance at the schools served by such agency; and CommentsClose CommentsPermalink





‘(II) for purposes of the calculation under clause (i)(II), disregard any funds received for such children from the total current expenditures for such agency.’; CommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘subparagraph (D) or (E) of paragraph (2), as the case may be’ and inserting ‘paragraph (2)(D)’; and CommentsClose CommentsPermalink





(C) by amending subparagraph (D) to read as follows: CommentsClose CommentsPermalink





‘(D) RATABLE DISTRIBUTION- For any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying-- CommentsClose CommentsPermalink





‘(i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by; CommentsClose CommentsPermalink





‘(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency.’; and CommentsClose CommentsPermalink





(D) by inserting at the end the following new subparagraphs: CommentsClose CommentsPermalink





‘(E) INSUFFICIENT PAYMENTS- For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(c)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in subparagraph (D), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. CommentsClose CommentsPermalink





‘(F) INCREASES- If the sums appropriated under section 3(c)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection.’; and CommentsClose CommentsPermalink





(5) in paragraph (4)-- CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘through (D)’ and inserting ‘and (C)’; and CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘subparagraph (D) or (E)’ and inserting ‘subparagraph (C) or (D)’. CommentsClose CommentsPermalink





(c) Prior Year Data- Paragraph (2) of section 8003(c) (20 U.S.C. 7703(c)) is amended to read as follows: CommentsClose CommentsPermalink





‘(2) EXCEPTION- Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency-- CommentsClose CommentsPermalink





‘(A) is newly established by a State, for the first year of operation of such agency only; CommentsClose CommentsPermalink





‘(B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)-- CommentsClose CommentsPermalink





‘(i) of not less than 10 percent, or 100 students, of children described in-- CommentsClose CommentsPermalink





‘(I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or CommentsClose CommentsPermalink





‘(II) subparagraph (F) and (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and CommentsClose CommentsPermalink





‘(ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or CommentsClose CommentsPermalink





‘(C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)-- CommentsClose CommentsPermalink





‘(i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and CommentsClose CommentsPermalink





‘(ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year.’. CommentsClose CommentsPermalink





(d) Children With Disabilities- Section 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking ‘section 8014(c)’ and inserting ‘section 3(c)(3)’. CommentsClose CommentsPermalink





(e) Hold-harmless- Section 8003(e) (20 U.S.C. 7703(e)) is amended-- CommentsClose CommentsPermalink





(1) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency under subsection (b)-- CommentsClose CommentsPermalink





‘(A) for fiscal year 2013, shall not be less than 90 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2012; CommentsClose CommentsPermalink





‘(B) for fiscal year 2014, shall not be less than 85 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2012; and CommentsClose CommentsPermalink





‘(C) for fiscal year 2015, shall not be less than 80 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2012.’; and CommentsClose CommentsPermalink





(2) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(2) MAXIMUM AMOUNT- The total amount provided to a local educational agency under subparagraph (A), (B), or C of paragraph (1) for a fiscal year shall not exceed the maximum basic support payment amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be, for such fiscal year.’. CommentsClose CommentsPermalink





(f) Maintenance of Effort- Section 8003 (20 U.S.C. 7703) is amended by striking subsection (g). CommentsClose CommentsPermalink

SEC. 304. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS.

Section 8004(e)(9) is amended by striking ‘Bureau of Indian Affairs’ and inserting ‘Bureau of Indian Education’. CommentsClose CommentsPermalink

SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter preceding paragraph (1) by striking ‘and shall contain such information,’. CommentsClose CommentsPermalink

SEC. 306. CONSTRUCTION.

Section 8007 (20 U.S.C. 7707) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘section 8014(ce)’ and inserting ‘section 3(c)(4)’; CommentsClose CommentsPermalink





(B) in paragraph (2), by adding at the end the following: CommentsClose CommentsPermalink





‘(C) The agency is eligible under section 84003(b)(2) or is receiving basic support payments under circumstances described in section 84003(b)(2)(B)(ii).’; and CommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘section 8014(ce)’ each place it appears and inserting ‘section 3(c)(4)’; and CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘section 8014(ce)’ and inserting ‘section 3(c)(4)’; CommentsClose CommentsPermalink





(B) in paragraph (3)-- CommentsClose CommentsPermalink





(i) in subparagraph (C)(i)(I), by adding at the end the following: CommentsClose CommentsPermalink





‘(cc) At least 10 percent of the property in the agency is nontaxable due to the presence of the Federal Governmentexempt from State and local taxation under Federal law.’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: CommentsClose CommentsPermalink





‘(F) LIMITATIONS ON ELIGIBILITY REQUIREMENTS- The Secretary shall not limit eligibility-- CommentsClose CommentsPermalink





‘(i) under subparagraph (C)(i)(I)(aa), to those local educational agencies in which the number of children determined under section 8003(a)(1)(C) for each such agency for the preceding school year constituted more than 40 percent of the total student enrollment in the schools of each such agency during the preceding school year; and CommentsClose CommentsPermalink





‘(ii) under subparagraph (C)(i)(I)(cc), to those local educational agencies in which more than 10 percent of the property in each such agency is nontaxable due to the presence of the Federal Governmentexempt from State and local taxation under Federal law.’; and CommentsClose CommentsPermalink





(C) in paragraph (6)-- CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘in such manner, and accompanied by such information’ and inserting ‘and in such manner’; and CommentsClose CommentsPermalink





(ii) by striking subparagraph (F). CommentsClose CommentsPermalink

SEC. 307. FACILITIES.

Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by striking ‘section 8014(f)’ and inserting ‘section 3(c)(5)’. CommentsClose CommentsPermalink

SEC. 308. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.

Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by striking ‘and contain the information’. CommentsClose CommentsPermalink

SEC. 309. FEDERAL ADMINISTRATION.

Section 8010 (20 U.S.C. 7710) is amended-- CommentsClose CommentsPermalink





(1) in subsection (c), by striking ‘paragraph (3)’ each place it appears and inserting ‘paragraph (2)’; and CommentsClose CommentsPermalink





(2) by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(d) Timely Payments- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall pay the full amount that a local educational agency is eligible to receive under this title not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year. CommentsClose CommentsPermalink





‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED- For a fiscal year in which the amount appropriated under section 3(c) is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph (1) shall be applied by substituting ‘is available to pay the agency’ for ‘the agency is eligible to receive’ each place it appears.’. CommentsClose CommentsPermalink

SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ‘or under the Act’ and all the follows through ‘1994)’. CommentsClose CommentsPermalink

SEC. 311. DEFINITIONS.

Section 8013 is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘and Marine Corps’ and inserting ‘Marine Corps, and Coast Guard’; CommentsClose CommentsPermalink





(2) in paragraph (4), by striking ‘and title VI’; CommentsClose CommentsPermalink





(3) in paragraph (5)(A)(iii)-- CommentsClose CommentsPermalink





(A) in subclause (II), by striking ‘Stewart B. McKinney Homeless Assistance Act’ and inserting ‘McKinney-Vento Homeless Assistance Act (42 U.S.C. 114111 et seq.)’; and CommentsClose CommentsPermalink





(B) in subclause (III), by inserting before the semicolon, ‘(26 U.S.C. 4101 et seq.)’; CommentsClose CommentsPermalink





(4) in paragraph (8)(A), by striking and verified by and inserting‘and verified by’ and inserting ‘, and verified by,’; and CommentsClose CommentsPermalink





(5) in paragraph (9)(B), by inserting a comma before ‘on a case-by-case basis’. CommentsClose CommentsPermalink

SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

Section 8014 (20 U.S.C. 7801) is repealed. CommentsClose CommentsPermalink

SEC. 313. CONFORMING AMENDMENTS.

(a) Repeal- Title IV (20 U.S.C. 7101 et seq.), as amended by section 201(b)(2) of the Student Success Act, is repealed. CommentsClose CommentsPermalink





(b) Transfer and Redesignation- Title VIII (20 U.S.C. 7701 et seq.), as amended by this title, is transferred to and redesignated as title IV (20 U.S.C. 7101 et seq.), and transferred and inserted after title III (as amended by this Act). CommentsClose CommentsPermalink





(c) Title IV- The heading relating to title IV of such Act (20 U.S.C. 7101 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘TITLE IV--IMPACT AID’. CommentsClose CommentsPermalink

(d) Title VIII References- The Act (20 U.S.C. 6301 et seq.) is amended-- CommentsClose CommentsPermalink





(1) by redesignating sections 8001 through 8005 as sections 4001 through 4005, respectively; CommentsClose CommentsPermalink





(2) by redesignating sections 8007 through 8013 as sections 4007 through 4013, respectively; CommentsClose CommentsPermalink





(3) by striking ‘section 8002’ each place it appears and inserting ‘section 4002’; CommentsClose CommentsPermalink





(4) by striking ‘section 8002(b)’ each place it appears and inserting ‘section 4002(b)’; CommentsClose CommentsPermalink





(5) by striking ‘section 8003’ each place it appears and inserting ‘section 4003’, respectively; CommentsClose CommentsPermalink





(6) by striking ‘section 8003(a)’ each place it appears and inserting ‘section 4003(a)’; CommentsClose CommentsPermalink





(7) by striking ‘section 8003(a)(1)’ each place it appears and inserting ‘section 4003(a)(1)’; CommentsClose CommentsPermalink





(8) by striking ‘section 8003(a)(1)(C)’ each place it appears and inserting ‘section 4003(a)(1)(C)’; CommentsClose CommentsPermalink





(9) by striking ‘section 8002(a)(2)’ each place it appears and inserting ‘section 4002(a)(2)’; CommentsClose CommentsPermalink





(10) by striking ‘section 8003(b)’ each place it appears and inserting ‘section 4003(b)’; CommentsClose CommentsPermalink





(11) by striking ‘section 8003(b)(1)’ each place it appears and inserting ‘section 4003(b)(1)’; CommentsClose CommentsPermalink





(12) in section 4002(b)(1)(C), by striking ‘section 8003(b)(1)(C)’ and inserting ‘section 4003(b)(1)(C)’; CommentsClose CommentsPermalink





(13) in section 4002(nj)(1) (as so redesignated), by striking ‘section 8013(5)(C)(iii)’ and inserting ‘section 4013(5)(C)(iii)’; CommentsClose CommentsPermalink





(14) in section 4005(b)(2) (as so redesignated)-- CommentsClose CommentsPermalink





(A) in the section heading, by striking ‘8002 and 8003’ and inserting ‘4002 and 4003’; CommentsClose CommentsPermalink





(B) by striking ‘or 8003’ each place it appears and inserting ‘or 4003’; CommentsClose CommentsPermalink





and(B(C) in subsection (b)(2), by striking ‘section 8004’ and inserting ‘section 4004’; and CommentsClose CommentsPermalink





(CD) in subsection (d)(2), by striking ‘section 8003(e)’ and inserting ‘section 4003(e)’; CommentsClose CommentsPermalink





(15) in section 4007(a)(3)(A)(i) (as so redesignated), by striking ‘section 8008(a)’ and inserting ‘section 4008(a)’; CommentsClose CommentsPermalink





(16) in section 4007(a)(4) (as so redesignated), by striking ‘section 8013(3)’ and inserting ‘section 4013(3)’; and CommentsClose CommentsPermalink





(17) in section 4009 (as so redesignated)-- CommentsClose CommentsPermalink





(A) in subsection (b)(1)-- CommentsClose CommentsPermalink





(i) by striking ‘or 8003(b)’ and inserting ‘or 4003(b)’; CommentsClose CommentsPermalink





(ii) by striking ‘section 8003(a)(2)(B)’ and inserting ‘section 4003(a)(2)(B)’; and CommentsClose CommentsPermalink





(iii) by striking ‘section 8003(b)(2)’ and inserting ‘section 4003(b)(2)’; CommentsClose CommentsPermalink





(B) by striking ‘section 8011(a)’ each place it appears and inserting ‘section 4011(a)’; and CommentsClose CommentsPermalink





(18) in section 84010(c)(2)(D) (as so redesignated) by striking ‘section 8009(b)’ and inserting ‘section 4009(b)’. CommentsClose CommentsPermalink

TITLE IV--TROOPS-TO-TEACHERS PROGRAM CommentsClose CommentsPermalink

SEC. 401. TROOPS-TO-TEACHERS PROGRAM.

(a) Transfer of Functions- The responsibility and authority for operation and administration of the Troops-to-Teachers Program is transferred from the Secretary of Education to the Secretary of Defense. CommentsClose CommentsPermalink





(b) Enactment and Modification of Program Authority in Title 10, United States Code- CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: CommentsClose CommentsPermalink

‘SECec. 1154. ASSISTANCE TO ELIGIBLE MEMBERS TO OBTAIN EMPLOYMENT AS TEACHERS: TROOPS-TO-TEACHERS PROGRAM.ssistance to eligible members to obtain employment as teachers: troops-to-teachers program

‘(a) Definitions- In this section: CommentsClose CommentsPermalink





‘(1) PROGRAM- The term ‘Program’ means the Troops-to-Teachers Program authorized by this section. CommentsClose Comments