Signed Legislation: Every Student Succeeds Act (Part 10)

The Every Student Succeeds Act has been posted in 14 parts

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`Subpart 2--Community Support for School Success

`SEC. 4621. PURPOSES.

`The purposes of this subpart are to--

`(1) significantly improve the academic and developmental outcomes of children living in the most distressed communities of the United States, including ensuring school readiness, high school graduation, and access to a community-based continuum of high-quality services; and

`(2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools.

`SEC. 4622. DEFINITIONS.

`In this subpart:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means the following:

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`(A) With respect to a grant for activities described in section 4623(a)(1)(A)--

`(i) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);

`(ii) an Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or

`(iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities:

`(I) A high-need local educational agency.

`(II) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

`(III) The office of a chief elected official of a unit of local government.

`(IV) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

`(B) With respect to a grant for activities described in section 4623(a)(1)(B), a consortium of--

`(i)(I) 1 or more local educational agencies; or

`(II) the Bureau of Indian Education; and

`(ii) 1 or more community-based organizations, nonprofit organizations, or other public or private entities.

`(2) FULL-SERVICE COMMUNITY SCHOOL- The term `full-service community school' means a public elementary school or secondary school that--

`(A) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and

`(B) provides access to such services in school to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer.

`(3) PIPELINE SERVICES- The term `pipeline services' means a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following:

`(A) High-quality early childhood education programs.

`(B) High-quality school and out-of-school-time programs and strategies.

`(C) Support for a child's transition to elementary school, from elementary school to middle school, from middle school to high school, and from high school into and through postsecondary education and into the workforce, including any comprehensive readiness assessment determined necessary.

`(D) Family and community engagement and supports, which may include engaging or supporting families at school or at home.

`(E) Activities that support postsecondary and workforce readiness, which may include job training, internship opportunities, and career counseling.

`(F) Community-based support for students who have attended the schools in the area served by the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in postsecondary education and the workforce.

`(G) Social, health, nutrition, and mental health services and supports.

`(H) Juvenile crime prevention and rehabilitation programs.

`SEC. 4623. PROGRAM AUTHORIZED.

`(a) Program Authorized-

`(1) IN GENERAL- The Secretary shall use not less than 95 percent of the amounts made available under section 4601(b)(2)(B) to award grants, on a competitive basis and subject to subsection (e), to eligible entities for the following activities:

`(A) PROMISE NEIGHBORHOODS- The implementation of a comprehensive, effective continuum of coordinated services that meets the purpose described in section 4621(1) by carrying out activities in neighborhoods with--

`(i) high concentrations of low-income individuals;

`(ii) multiple signs of distress, which may include high rates of poverty, childhood obesity, academic failure, and juvenile delinquency, adjudication, or incarceration; and

`(iii) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d).

`(B) FULL-SERVICE COMMUNITY SCHOOLS- The provision of assistance to public elementary schools or secondary schools to function as full-service community schools.

`(2) SUFFICIENT SIZE AND SCOPE- Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart.

`(b) Duration- A grant awarded under this subpart shall be for a period of not more than 5 years, and may be extended for an additional period of not more than 2 years.

`(c) Continued Funding- Continued funding of a grant under this subpart, including a grant extended under subsection (b), after the third year of the initial grant period shall be contingent on the eligible entity's progress toward meeting--

`(1) with respect to a grant for activities described in section 4624, the performance metrics described in section 4624(h); and

`(2) with respect to a grant for activities described in section 4625, annual performance objectives and outcomes under section 4625(a)(4)(C).

`(d) Matching Requirements-

`(1) PROMISE NEIGHBORHOOD ACTIVITIES-

`(A) MATCHING FUNDS- Each eligible entity receiving a grant under this subpart for activities described in section 4624 shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources.

`(B) PRIVATE SOURCES- The Secretary shall require that a portion of the matching funds come from private sources, which may include in-kind contributions.

`(C) ADJUSTMENT- The Secretary may adjust the matching funds requirement under this paragraph for applicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide services on tribal lands.

`(D) FINANCIAL HARDSHIP WAIVER- The Secretary may waive or reduce, on a case-by-case basis, the matching requirement under this paragraph, including the requirement for funds from private sources, for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship.

`(2) FULL-SERVICE COMMUNITY SCHOOLS ACTIVITIES-

`(A) IN GENERAL- Each eligible entity receiving a grant under this subpart for activities described in section 4625 shall provide matching funds from non-Federal sources, which may be provided in part with in-kind contributions.

`(B) SPECIAL RULE- The Bureau of Indian Education may meet the requirement of subparagraph (A) using funds from other Federal sources.

`(3) SPECIAL RULES-

`(A) IN GENERAL- The Secretary may not require any eligible entity receiving a grant under this subpart to provide matching funds in an amount that exceeds the amount of the grant award.

`(B) CONSIDERATION- Notwithstanding this subsection, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants under this subpart.

`(e) Reservation for Rural Areas-

`(1) IN GENERAL- From the amounts allocated under subsection (a) for grants to eligible entities, the Secretary shall use not less than 15 percent of such amounts to award grants to eligible entities that propose to carry out the activities described in such subsection in rural areas.

`(2) EXCEPTION- The Secretary shall reduce the amount described in paragraph (1) if the Secretary does not receive a sufficient number of applications of sufficient quality.

`(f) Minimum Number of Grants- For each fiscal year, the Secretary shall award under this subpart not fewer than 3 grants for activities described in section 4624 and not fewer than 10 grants for activities described in section 4625, subject to the availability of appropriations, the requirements of subsection (a)(2), and the number and quality of applications.

`SEC. 4624. PROMISE NEIGHBORHOODS.

`(a) Application Requirements- An eligible entity desiring a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum, all of the following:

`(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity--

`(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and

`(B) that is supported by effective practices.

`(2) A description of the neighborhood that the eligible entity will serve.

`(3) Measurable annual objectives and outcomes for the grant, in accordance with the metrics described in subsection (h), for each year of the grant.

`(4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including--

`(A) the size and scope of the population affected;

`(B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were engaged in such analysis;

`(C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher education;

`(D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and

`(E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs.

`(5) A description of--

`(A) all information that the entity used to identify the pipeline services to be provided, which shall not include information that is more than 3 years old; and

`(B) how the eligible entity will--

`(i) collect data on children served by each pipeline service; and

`(ii) increase the percentage of children served over time.

`(6) A description of the process used to develop the application, including the involvement of family and community members.

`(7) A description of how the pipeline services will facilitate the coordination of the following activities:

`(A) Providing early learning opportunities for children, including by--

`(i) providing opportunities for families to acquire the skills to promote early learning and child development; and

`(ii) ensuring appropriate diagnostic assessments and referrals for children with disabilities and children aged 3 through 9 experiencing developmental delays, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), where applicable.

`(B) Supporting, enhancing, operating, or expanding rigorous, comprehensive, effective educational improvements, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success.

`(C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports.

`(D) Providing social, health, nutrition, and mental health services and supports, for children, family members, and community members, which may include services provided within the school building.

`(E) Supporting evidence-based programs that assist students through school transitions, which may include expanding access to postsecondary education courses and postsecondary education enrollment aid or guidance, and other supports for at-risk youth.

`(8) A description of the strategies that will be used to provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children within the neighborhood) to support the purpose described in section 4621(1).

`(9) An explanation of the process the eligible entity will use to establish and maintain family and community engagement, including--

`(A) involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this subpart for activities described in this section;

`(B) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development;

`(C) providing services for students, families, and communities within the school building; and

`(D) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with postsecondary education and workforce readiness,

`(10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improvement and potential expansion.

`(b) Priority- In awarding grants for activities described in this section, the Secretary shall give priority to eligible entities that will use funds under subsection (d) for evidence-based activities, which, for purposes of this subsection, is defined as activities meeting the requirements of section 8101(21)(A)(i).

`(c) Memorandum of Understanding- As eligible entity shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed by each partner entity or agency described in section 4622(1)(A)(3) (if applicable) and detailing each partner's financial, programmatic, and long-term commitment with respect to the strategies described in the application.

`(d) Uses of Funds- Each eligible entity that receives a grant under this subpart to carry out a program of activities described in this section shall use the grant funds to--

`(1) support planning activities to develop and implement pipeline services;

`(2) implement the pipeline services; and

`(3) continuously evaluate the success of the program and improve the program based on data and outcomes.

`(e) Special Rules-

`(1) FUNDS FOR PIPELINE SERVICES- Each eligible entity that receives a grant under this subpart for activities described in this section shall, for the first year of the grant, use not less than 50 percent of the grant funds, and, for the second year of the grant, use not less than 25 percent of the grant funds, to carry out the activities described in subsection (d)(1).

`(2) OPERATIONAL FLEXIBILITY- Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart for activities described in this section shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under subsection (a).

`(3) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD EDUCATION PROGRAMS- Funds provided under this subpart for activities described in this section that are used to improve early childhood education programs shall not be used to carry out any of the following activities:

`(A) Assessments that provide rewards or sanctions for individual children or teachers.

`(B) A single assessment that is used as the primary or sole method for assessing program effectiveness.

`(C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement.

`(f) Report- Each eligible entity that receives a grant under this subpart for activities described in this section shall prepare and submit an annual report to the Secretary, which shall include--

`(1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; and

`(2) information relating to the performance metrics described in subsection (h).

`(g) Publicly Available Data- Each eligible entity that receives a grant under this subpart for activities described in this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood served under the grant, and such information shall be a part of statewide longitudinal data systems.

`(h) Performance Indicators-

`(1) IN GENERAL- The Secretary shall establish performance indicators under paragraph (2) and corresponding metrics to be used for the purpose of reporting under paragraph (3) and program evaluation under subsection (i).

`(2) INDICATORS- The performance indicators established by the Secretary under paragraph (1) shall be indicators of improved academic and developmental outcomes for children, including indicators of school readiness, high school graduation, postsecondary education and career readiness, and other academic and developmental outcomes, to promote--

`(A) data-driven decision-making by eligible entities receiving funds under this subpart; and

`(B) access to a community-based continuum of high-quality services for children living in the most distressed communities of the United States, beginning at birth.

`(3) REPORTING- Each eligible entity that receives a grant under this subpart for activities described in this section shall annually collect and report to the Secretary data on the performance indicators described in paragraph (2) for use by the Secretary in making a determination concerning continuation funding and grant extension under section 4623(b) for each eligible entity.

`(i) Evaluation- The Secretary shall reserve not more than 5 percent of the funds made available under section 4601(b)(2)(A) to provide technical assistance and evaluate the implementation and impact of the activities funded under this section, in accordance with section 8601.

`SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS.

`(a) Application- An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following:

`(1) A description of the eligible entity.

`(2) A memorandum of understanding among all partner entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume.

`(3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full-service community schools.

`(4) A comprehensive plan that includes descriptions of the following:

`(A) The student, family, and school community to be served, including demographic information.

`(B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents.

`(C) Annual measurable performance objectives and outcomes, including an increase in the number and percentage of families and students targeted for services each year of the program, in order to ensure that children are--

`(i) prepared for kindergarten;

`(ii) achieving academically; and

`(iii) safe, healthy, and supported by engaged parents.

`(D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of--

`(i) why such services have been selected;

`(ii) how such services will improve student academic achievement; and

`(iii) how such services will address the annual measurable performance objectives and outcomes established under subparagraph (C).

`(E) Plans to ensure that each full-service community school site has a full-time coordinator of pipeline services at such school, including a description of the applicable funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and plans for joint utilization and management of school facilities.

`(F) Plans for annual evaluation based upon attainment of the performance objectives and outcomes described in subparagraph (C).

`(G) Plans for sustaining the programs and services described in this subsection after the grant period.

`(5) An assurance that the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 1114(b).

`(b) Priority- In awarding grants under this subpart for activities described in this section, the Secretary shall give priority to eligible entities that--

`(1)(A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 1114(b), as part of a community- or district-wide strategy; or

`(B) include a local educational agency that satisfies the requirements of--

`(i) subparagraph (A), (B), or (C) of section 5211(b)(1); or

`(ii) subparagraphs (A) and (B) of section 5221(b)(1);

`(2) are consortiums comprised of a broad representation of stakeholders or consortiums demonstrating a history of effectiveness; and

`(3) will use funds for evidence-based activities described in subsection (e), defined for purposes of this paragraph as activities meeting the requirements of section 8101(21)(A)(i).

`(c) Planning- The Secretary may authorize an eligible entity receiving a grant under this subpart for activities described in this section to use not more than 10 percent of the total amount of grant funds for planning purposes during the first year of the grant.

`(d) Minimum Amount- The Secretary may not award a grant under this subpart for activities described in this section to an eligible entity in an amount that is less than $75,000 for each year of the grant period, subject to the availability of appropriations.

`(e) Use of Funds- Grants awarded under this subpart for activities described in this section shall be used to--

`(1) coordinate not less than 3 existing pipeline services, as of the date of the grant award, and provide not less than 2 additional pipeline services, at 2 or more public elementary schools or secondary schools;

`(2) to the extent practicable, integrate multiple pipeline services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and outcomes under subsection (a)(4)(C) to meet the holistic needs of children; and

`(3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support personnel.

`(f) Evaluations by the Institute of Education Sciences- The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct evaluations of the effectiveness of grants under this subpart for activities described in this section in achieving the purpose described in section 4621(2).

`(g) Evaluations by Grantees- The Secretary shall require each eligible entity receiving a grant under this subpart for activities described in this section to--

`(1) conduct annual evaluations of the progress achieved with the grant toward the purpose described in section 4621(2);

`(2) use such evaluations to refine and improve activities carried out through the grant and the annual measurable performance objectives and outcomes under subsection (a)(4)(C); and

`(3) make the results of such evaluations publicly available, including by providing public notice of such availability.

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

`(i) Supplement, Not Supplant- Funds made available to an eligible entity through a grant under this subpart for activities described in this section may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section.

`Subpart 3--National Activities for School Safety

`SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY.

`(a) Program Authorized-

`(1) IN GENERAL- From the funds reserved under section 4601(b)(1), the Secretary--

`(A) shall use a portion of such funds for the Project School Emergency Response to Violence program (in this section referred to as `Project SERV'), in order to provide education-related services to eligible entities; and

`(B) may use a portion of such funds to carry out other activities to improve students' safety and well-being, during and after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation.

`(2) AVAILABILITY- Amounts reserved under section 4601(b)(1) for Project SERV are authorized to remain available until expended for Project SERV.

`(b) Project SERV-

`(1) ADDITIONAL USE OF FUNDS- Funds made available under subsection (a) for extended services grants under Project SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded.

`(2) APPLICATION PROCESS-

`(A) IN GENERAL- An eligible entity desiring to use a portion of extended services grant funds under Project SERV to initiate or strengthen a violence prevention activity shall--

`(i) submit, in an application that meets all requirements of the Secretary for Project SERV, the information described in subparagraph (B); or

`(ii) in the case of an eligible entity that has already received an extended services grant under Project SERV, submit an addition to the original application that includes the information described in subparagraph (B).

`(B) APPLICATION REQUIREMENTS- An application, or addition to an application, for an extended services grant pursuant to subparagraph (A) shall include the following:

`(i) A demonstration of the need for funds due to a continued disruption or a substantial risk of disruption to the learning environment.

`(ii) An explanation of the proposed activities that are designed to restore and preserve the learning environment.

`(iii) A budget and budget narrative for the proposed activities.

`(3) AWARD BASIS- Any award of funds under Project SERV for violence prevention activities under this section shall be subject to the discretion of the Secretary and the availability of funds.

`(4) PROHIBITED USE- No funds provided to an eligible entity for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the eligible entity.

`(c) Definition of Eligible Entity- In this section, the term `eligible entity' means--

`(1) a local educational agency, as defined in subparagraph (A), (B), or (C) of section 8101(30), or institution of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis; or

`(2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 8101(30)(C), has been disrupted due to a violent or traumatic crisis.

`Subpart 4--Academic Enrichment

`SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT.

`(a) Program Authorized- From funds reserved under section 4601(b)(2)(C), the Secretary shall award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of enriching the academic experience of students by promoting--

`(1) arts education for disadvantaged students and students who are children with disabilities, as described in section 4642;

`(2) school readiness through the development and dissemination of accessible instructional programming for preschool and elementary school children and their families, as described in section 4643; and

`(3) support for high-ability learners and high-ability learning, as described in section 4644.

`(b) Annual Awards- The Secretary shall annually make awards to fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a).

`SEC. 4642. ASSISTANCE FOR ARTS EDUCATION.

`(a) Awards to Provide Assistance for Arts Education-

`(1) IN GENERAL- Awards made to eligible entities to fulfill the purpose described in section 4641(a)(1), shall be used for a program (to be known as the `Assistance for Arts Education program') to promote arts education for students, including disadvantaged students and students who are children with disabilities, through activities such as--

`(A) professional development for arts educators, teachers, and principals;

`(B) development and dissemination of accessible instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and

`(C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts, including national centers for the arts.

`(b) Conditions- As conditions of receiving assistance made available under this section, the Secretary shall require each eligible entity receiving such assistance--

`(1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and organizations, including museums, arts education associations, libraries, and theaters; and

`(2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this subpart.

`(c) Consultation- In carrying out this section, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organizations representing the arts (including State and local arts agencies involved in arts education).

`(d) Priority- In awarding grants under this section, the Secretary shall give priority to eligible entities that are eligible national nonprofit organizations.

`(e) Definitions- In this section:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line;

`(B) a consortium of such local educational agencies;

`(C) a State educational agency;

`(D) an institution of higher education;

`(E) a museum or cultural institution;

`(F) the Bureau of Indian Education;

`(G) an eligible national nonprofit organization; or

`(H) another private agency, institution, or organization.

`(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION- The term `eligible national nonprofit organization' means an organization of national scope that--

`(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and

`(B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities.

`SEC. 4643. READY TO LEARN PROGRAMMING.

`(a) Awards to Promote School Readiness Through Ready to Learn Programming-

`(1) IN GENERAL- Awards made to eligible entities described in paragraph (3) to fulfill the purpose described in section 4641(a)(2) shall--

`(A) be known as `Ready to Learn Programming awards'; and

`(B) be used to--

`(i) develop, produce, and distribute accessible educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement;

`(ii) facilitate the development, directly or through contracts with producers of children's and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming;

`(iii) facilitate the development of programming and digital content containing Ready-to-Learn programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet;

`(iv) contract with entities (such as public telecommunications entities) so that programming developed under this section is disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and

`(v) develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed--

`(I) to promote school readiness; and

`(II) to promote the effective use of materials developed under clauses (ii) and (iii) among parents, family members, teachers, principals and other school leaders, Head Start providers, providers of family literacy services, child care providers, early childhood educators, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children.

`(2) AVAILABILITY- In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities described in paragraph (3) make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming.

`(3) ELIGIBLE ENTITIES- To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following:

`(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children.

`(B) A capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality.

`(C) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products.

`(D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level.

`(4) COORDINATION OF ACTIVITIES- An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services--

`(A) to maximize the use of high-quality educational programming by preschool and elementary school children, and make such programming widely available to Federally funded programs serving such populations; and

`(B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act (42 U.S.C. 9831 et seq.) and State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding the availability and utilization of materials developed under paragraph (1)(B)(v) to enhance parent and child care provider skills in early childhood development and education.

`(b) Applications- To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The application shall include--

`(1) a description of the activities to be carried out under this section;

`(2) a list of the types of entities with which such entity will enter into contracts under subsection (a)(1)(B)(iv);

`(3) a description of the activities the entity will undertake widely to disseminate the content developed under this section; and

`(4) a description of how the entity will comply with subsection (a)(2).

`(c) Reports and Evaluations-

`(1) ANNUAL REPORT TO SECRETARY- An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report. The report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following:

`(A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programming.

`(B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming.

`(C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies.

`(D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and instructional programming.

`(2) REPORT TO CONGRESS- The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following:

`(A) A summary of the activities assisted under subsection (a).

`(B) A description of the education and training materials made available under subsection (a)(1)(B)(v), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection.

`(d) Administrative Costs- An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement.

`(e) Funding Rule- Not less than 60 percent of the amount used by the Secretary to carry out this section for each fiscal year shall be used to carry out activities under clauses (ii) through (iv) of subsection (a)(1)(B).

`SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.

`(a) Purpose- The purpose of this section is to promote and initiate a coordinated program, to be known as the `Jacob K. Javits Gifted and Talented Students Education Program', of evidence-based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs.

`(b) Program Authorized-

`(1) IN GENERAL- The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose described in section 4641(a)(3), including the training of personnel in the identification and education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students.

`(2) APPLICATION- Each entity seeking assistance under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each application shall describe how--

`(A) the proposed identification methods, as well as gifted and talented services, materials, and methods, can be adapted, if appropriate, for use by all students; and

`(B) the proposed programs can be evaluated.

`(c) Uses of Funds- Programs and projects assisted under this section may include any of the following:

`(1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to identify and provide the opportunity for all students to be served, particularly low-income and at-risk students.

`(2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative methods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving business, industry and education) for identifying and educating students who may not be served by traditional gifted and talented programs.

`(3) Providing technical assistance and disseminating information, which may include how gifted and talented programs and methods may be adapted for use by all students, particularly low-income and at-risk students.

`(d) Center for Research and Development-

`(1) IN GENERAL- The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (c).

`(2) DIRECTOR- The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations.

`(e) Coordination- Evidence-based activities supported under this section--

`(1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and

`(2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute.

`(f) General Priority- In carrying out this section, the Secretary shall give highest priority to programs and projects designed to--

`(1) develop new information that--

`(A) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; or

`(B) assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods; or

`(2) implement evidence-based activities, defined in this paragraph as activities meeting the requirements of section 8101(21)(A)(i).

`(g) Participation of Private School Children and Teachers- In making grants and entering into contracts under this section, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students.

`(h) Review, Dissemination, and Evaluation- The Secretary shall--

`(1) use a peer-review process in reviewing applications under this section;

`(2) ensure that information on the activities and results of programs and projects funded under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including private nonprofit organizations; and

`(3) evaluate the effectiveness of programs under this section in accordance with section 8601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Student Succeeds Act.

`(i) Program Operations- The Secretary shall ensure that the programs under this section are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall--

`(1) administer and coordinate the programs authorized under this section;

`(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs;

`(3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and

`(4) disseminate, and consult on, the information developed under this section with other offices within the Department.'.

TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

SEC. 5001. GENERAL PROVISIONS.

(a) Title VI Redesignations- Title VI (20 U.S.C. 7301 et seq.) is redesignated as title V and further amended--

(1) by redesignating sections 6121 through 6123 as sections 5101 through 5103, respectively;

(2) by redesignating sections 6201 and 6202 as sections 5201 and 5202, respectively;

(3) by redesignating sections 6211 through 6213 as sections 5211 through 5213, respectively;

(4) by redesignating sections 6221 through 6224 as sections 5221 through 5224, respectively; and

(5) by redesignating sections 6231 through 6234 as sections 5231 through 5234, respectively.

(b) Structural and Conforming Amendments- Title V (as redesignated by subsection (a) of this section) is further amended--

(1) in part A, by striking subparts 1, 3, and 4;

(2) by striking `section 6212' each place it appears and inserting `section 5212';

(3) by striking `section 6223' each place it appears and inserting `section 5223'; and

(4) by striking `section 6234' each place it appears and inserting `section 5234'.

SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES.

Part A of title V, as redesignated and amended by section 5001 of this Act, is further amended--

(1) in the part heading, by striking `improving academic achievement' and inserting `funding transferability for state and local educational agencies';

(2) by striking `Subpart 2--Funding Transferability for State and Local Educational Agencies';

(3) by striking `subpart' each place it appears and inserting `part';

(4) by amending section 5102 to read as follows:

`SEC. 5102. PURPOSE.

`The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of States and localities.';

(5) in section 5103--

(A) in subsection (a)--

(i) in paragraph (1)--

(I) in the matter preceding subparagraph (A), by striking `not more than 50 percent of the nonadministrative State funds' and inserting `all, or any lesser amount, of State funds'; and

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

`(A) Part A of title II.

`(B) Part A of title IV.

`(C) Section 4202(c)(3).'; and

(ii) by striking paragraph (2) and inserting the following;

`(2) ADDITIONAL FUNDS- In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions:

`(A) Part A of title I.

`(B) Part C of title I.

`(C) Part D of title I.

`(D) Part A of title III.

`(E) Part B.'.

(B) in subsection (b)--

(i) in paragraph (1)--

(I) in subparagraph (A), by striking `(except' and all that follows through `subparagraph (C))' and inserting `may transfer all, or any lesser amount, of the funds allocated to it';

(II) by striking subparagraphs (B) and (C) and inserting:

`(B) ADDITIONAL FUNDS- In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions:

`(i) Part A of title I.

`(ii) Part C of title I.

`(iii) Part D of title I.

`(iv) Part A of title III.

`(v) Part B.';

(ii) in paragraph (2)--

(I) in the matter preceding subparagraph (A), by striking `subparagraph (A), (B), or (C)' and inserting `subparagraph (A) or (B)'; and

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

`(A) Part A of title II.

`(B) Part A of title IV.';

(C) by striking subsection (c) and inserting the following:

`(c) No Transfer of Certain Funding- A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions:

`(1) Part A of title I.

`(2) Part C of title I.

`(3) Part D of title I.

`(4) Part A of title III.

`(5) Part B.'; and

(D) in subsection (e)(2), by striking `section 9501' and inserting `section 8501'.

SEC. 5003. RURAL EDUCATION INITIATIVE.

Part B of title V, as redesignated and amended by section 5001 of this Act, is further amended--

(1) in section 5211--

(A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following:

`(A) Part A of title I.

`(B) Part A of title II.

`(C) Title III.

`(D) Part A or B of title IV.';

(B) in subsection (b)(1)--

(i) in subparagraph (A)(ii)--

(I) by striking `school' before `locale code'; and

(II) by striking `7 or 8, as determined by the Secretary; or' and inserting `41, 42, or 43, as determined by the Secretary;';

(ii) in subparagraph (B), by striking the period at the end and inserting `; or'; and

(iii) by adding at the end the following:

`(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.'; and

(C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following:

`(1) Part A of title II.

`(2) Part A of title IV.';

(2) in section 5212--

(A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following:

`(1) Part A of title I.

`(2) Part A of title II.

`(3) Title III.

`(4) Part A or B of title IV.';

(B) in subsection (b)--

(i) by striking paragraph (1) and inserting the following:

`(1) ALLOCATION-

`(A) IN GENERAL- Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 5211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 5211(c) for the preceding fiscal year.

`(B) SPECIAL DETERMINATION- For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency's per-pupil share of the total amount received by the educational service agency under the provisions described in section 5211(c), as long as a determination under this subparagraph would not disproportionately affect any State.';

(ii) by striking paragraph (2) and inserting the following:

`(2) DETERMINATION OF INITIAL AMOUNT-

`(A) IN GENERAL- The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.

`(B) SPECIAL RULE- For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied--

`(i) by substituting `$25,000' for `$20,000'; and

`(ii) by substituting `$80,000' for `$60,000'.'; and

(iii) by adding at the end the following:

`(4) HOLD HARMLESS- For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, the agency shall receive--

`(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;

`(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and

`(C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.'; and

(C) by striking subsection (d);

(3) by striking section 5213;

(4) in section 5221--

(A) in subsection (a), by striking `section 6222(a)' and inserting `section 5222(a)';

(B) in subsection (b)--

(i) in paragraph (1)--

(I) by striking `(A) 20 percent' and inserting `(A)(i) 20 percent';

(II) by redesignating subparagraph (B) as clause (ii);

(III) in clause (ii) (as redesignated by subclause (II))--

(aa) by striking `school' before `locale code';

(bb) by striking `6, 7, or 8' and inserting `32, 33, 41, 42, or 43'; and

(cc) by striking the period at the end and inserting `; or'; and

(IV) by adding at the end the following:

`(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in clause (ii) of such subparagraph.';

(ii) by redesignating paragraph (2) as paragraph (3); and

(iii) by inserting after paragraph (1) the following:

`(2) CERTIFICATION- The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.';

(C) in subsection (c)(1) by striking `Bureau of Indian Affairs' and inserting `Bureau of Indian Education';

(5) in section 5222(a), by striking paragraphs (1) through (7) and inserting the following:

`(1) Activities authorized under part A of title I.

`(2) Activities authorized under part A of title II.

`(3) Activities authorized under title III.

`(4) Activities authorized under part A of title IV.

`(5) Parental involvement activities.';

(6) in section 5223--

(A) in subsection (a), by striking `at such time, in such manner, and accompanied by such information' and inserting `at such time and in such manner'; and

(B) by striking subsection (b) and inserting the following:

`(b) Contents- Each application submitted under subsection (a) shall include information on--

`(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards;

`(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include--

`(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and

`(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and

`(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 5222.';

(7) in section 5224--

(A) by striking the section heading and all that follows through `Each' and inserting the following: `report- Each';

(B) by striking subsections (b) through (e);

(C) in the matter preceding paragraph (1), by inserting `or specially qualified agency' after `Each State educational agency';

(D) by striking paragraph (1) and inserting the following:

`(1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;'; and

(E) by striking paragraph (3) and inserting the following:

`(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.';

(8) by inserting after section 5224 the following:

`SEC. 5225. CHOICE OF PARTICIPATION.

`(a) In General- If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year.

`(b) Notification- A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification.'; and

(9) in section 5234, by striking `$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,' and inserting `$169,840,000 for each of the fiscal years 2017 through 2020,'.

SEC. 5004. GENERAL PROVISIONS.

Part C of title V, as redesignated by section 5001 of this Act, is amended to read as follows:

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