Signed Legislation: Every Student Succeeds Act (Part 12)

The Every Student Succeeds Act has been posted in 14 parts

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TITLE VII--IMPACT AID

SEC. 7001. GENERAL PROVISIONS.

(a) Impact Aid Improvement Act of 2012- Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known as the `Impact Aid Improvement Act of 2012'), as amended by section 563 of division A of Public Law 113-291, is amended--

(1) by striking paragraphs (1) and (4); and

(2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively.

(1) by redesignating sections 8001 through 8005 as sections 7001 through 7005, respectively; and

(2) by redesignating sections 8007 through 8014 as sections 7007 through 7014, respectively.

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(d) Conforming Amendments- Title VII (as redesignated by subsection (c) of this section) is further amended--

(1) by striking `section 8002' each place it appears and inserting `section 7002';

(2) by striking `section 8003' each place it appears and inserting `section 7003';

(3) by striking `section 8003(a)(1)' each place it appears and inserting `section 7003(a)(1)';

(4) by striking `section 8003(a)(1)(C)' each place it appears and inserting `section 7003(a)(1)(C)';

(5) by striking `section 8003(a)(2)' each place it appears and inserting `section 7003(a)(2)';

(6) by striking `section 8003(b)' each place it appears and inserting `section 7003(b)';

(7) by striking `section 8003(b)(1)' each place it appears and inserting `section 7003(b)(1)';

(8) by striking `section 8003(b)(2)' each place it appears and inserting `section 7003(b)(2)';

(9) by striking `section 8014(a)' each place it appears and inserting `section 7014(a)';

(10) by striking `section 8014(b)' each place it appears and inserting `section 7014(b)'; and

(11) by striking `section 8014(e)' each place it appears and inserting `section 7014(d)'.

SEC. 7002. PURPOSE.

Section 7001, as redesignated by section 7001 of this Act, is amended in the matter preceding paragraph (1), by striking `challenging State standards' and inserting `the same challenging State academic standards'.

SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

Section 7002, as redesignated and amended by section 7001 of this Act, is further amended--

(1) in subsection (a)(1)(C), by striking the matter preceding clause (i) and inserting the following:

`(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of--';

(2) in subsection (b)--

(A) in paragraph (1)(C) by striking `section 8003(b)(1)(C)' and inserting `section 7003(b)(1)(C)';

(B) in paragraph (3), by striking subparagraph (B) and inserting the following:

`(B) SPECIAL RULE- In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by--

`(i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii);

`(ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and

`(iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency.';

(3) in subsection (e)(2), by adding at the end the following: `For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).';

(4) by striking subsection (f) and inserting the following:

`(f) Special Rule- For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of section 8002(f) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.';

(5) by striking subsection (g) and inserting the following:

`(g) Former Districts-

`(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 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for assistance under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency.

`(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- A local educational agency referred to in paragraph (1) is--

`(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or

`(B) a local educational agency--

`(i) that was formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation; and

`(ii) which includes the designation referred to in paragraph (1) in its application under section 7005 for a fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act or any timely amendment to such application.

`(3) AMOUNT- A local educational agency eligible under paragraph (1) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its status prior to consolidation.';

(6) in subsection (h)(4), by striking `For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted' and inserting `For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year';

(7) by repealing subsections (k) and (m);

(8) by redesignating subsection (l) as subsection (j);

(9) in subsection (j) (as redesignated by paragraph (8)), by striking `(h)(4)(B)' and inserting `(h)(2)';

(10) by redesignating subsection (n) as subsection (k); and

(11) in subsection (k)(1) (as redesignated by paragraph (10)), by striking `section 8013(5)(C)(iii)' and inserting `section 7013(5)(C)(iii)'.

SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

Section 7003, as redesignated and amended by section 7001 of this Act, is further amended--

(1) in subsection (a)(5)(A), by striking `to be children' and all that follows through the period at the end and inserting `or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B), if the property described is--

`(i) within the fenced security perimeter of the military facility; or

`(ii) attached to, and under any type of force protection agreement with, the military installation upon which such housing is situated.';

(2) in subsection (b)--

(A) in paragraph (1)--

(i) by striking subparagraph (E); and

(ii) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively;

(B) in paragraph (2), by striking subparagraphs (B) through (H) and inserting the following:

`(B) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES-

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

`(I) is a local educational agency--

`(aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and

`(bb) that has no taxing authority;

`(II) is a local educational agency that--

`(aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent;

`(bb) has a per-pupil expenditure that is less than--

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

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

`(cc) is an agency that has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State;

`(III) is a local educational agency that--

`(aa) has a tax rate for general fund 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; and

`(bb)(AA) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or

`(BB) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent, and for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent;

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

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

`(bb) not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or

`(V) is a local educational agency that--

`(aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those 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;

`(bb) has a per-pupil expenditure described in subclause (II)(bb) (except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement) and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and

`(cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001.

`(ii) LOSS OF ELIGIBILITY-

`(I) IN GENERAL- Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made.

`(II) LOSS OF ELIGIBILITY DUE TO FALLING BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR GENERAL FUND PURPOSES- In the case of a heavily impacted local educational agency described in subclause (II) or (V) of clause (i) that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii).

`(III) TAKEN OVER BY STATE BOARD OF EDUCATION- In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in any 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enactment of the Every Student Succeeds Act.

`(iii) RESUMPTION OF ELIGIBILITY- A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made.

`(C) MAXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES-

`(i) IN GENERAL- Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of--

`(I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or

`(II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made.

`(ii) CALCULATION OF WEIGHTED STUDENT UNITS-

`(I) IN GENERAL-

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

`(bb) EXCEPTION- Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment and shall be eligible for the student weight as provided for in item (aa).

`(II) ENROLLMENT OF 100 OR FEWER CHILDREN- For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75.

`(III) ENROLLMENT OF MORE THAN 100 CHILDREN BUT LESS THAN 1000- For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25.

`(D) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES-

`(i) IN GENERAL-

`(I) FORMULA- Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C).

`(II) HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCY- A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1).

`(ii) FACTOR- For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35.

`(E) DATA- For purposes of providing assistance under this paragraph, the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph.

`(F) DETERMINATION OF AVERAGE TAX RATES FOR GENERAL FUND PURPOSES-

`(i) IN GENERAL- Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either--

`(I) the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or

`(II) the average tax rate of all the local educational agencies in the State.

`(ii) FISCAL YEARS 2010-2015-

`(I) IN GENERAL- For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(cc), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement.

`(II) SUBSEQUENT FISCAL YEARS AFTER 2015- For any succeeding fiscal year after 2015, any local educational agency identified in subclause (I) may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc) is met.

`(III) 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 2012, the Secretary shall reserve a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2015 or 2016 in order to make payments under this clause for fiscal years 2011 through 2014.

`(G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILITARY HOUSING-

`(i) ELIGIBILITY- For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B) due to the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) for the period during which the housing units are undergoing such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing.

`(ii) AMOUNT OF PAYMENT- The amount of a payment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year.

`(iii) CONVERSION OF MILITARY HOUSING UNITS TO PRIVATE HOUSING DESCRIBED- For purposes of clause (i), `conversion of military housing units to private housing' means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law.';

(i) in subparagraph (B), by striking clause (iii) and inserting the following:

`(iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment for fiscal year 2009 calculated under section 8003(b)(3) (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) for 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).';

(ii) in subparagraph (C), by striking `subparagraph (D) or (E) of paragraph (2), as the case may be' and inserting `subparagraph (C) or (D) of paragraph (2), as the case may be'; and

(iii) by striking subparagraph (D) and inserting the following:

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

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

`(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment (as calculated under subparagraphs (B) or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraph (C) or (D) of paragraph (2).

`(E) INSUFFICIENT PAYMENTS- For each fiscal year described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency's threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.

`(F) INCREASES-

`(i) INCREASES BASED ON INSUFFICIENT FUNDS- If additional funds become available under 7014(b) for making payments under paragraphs (1) and (2) and those funds are not sufficient to increase each local educational agency's threshold payment above 100 percent of its threshold payment described in subparagraph (B), payments that were reduced under subparagraph (E) shall be increased by the Secretary on the same basis as such payments were reduced.

`(ii) INCREASES BASED ON SUFFICIENT FUNDS- If additional funds become available under section 7014(b) for making payments under paragraphs (1) and (2) and those funds are sufficient to increase each local educational agency's threshold payment above 100 percent of its threshold payment described in subparagraph (B), the payment for each local educational agency shall be 100 percent of its threshold payment. The Secretary shall then distribute the excess sums to each eligible local educational agency in accordance with subparagraph (D).

`(G) PROVISION OF TAX RATE AND RESULTING PERCENTAGE- As soon as practicable following the payment of funds under paragraph (2) to an eligible local educational agency, the Secretary shall provide the local educational agency with a description of--

`(i) the tax rate of the local educational agency; and

`(ii) the percentage such tax rate represents of the average tax rate for general fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the case may be).'; and

(D) in paragraph (4)--

(i) in subparagraph (A), by striking `through (D)' and inserting `and (C)'; and

(ii) in subparagraph (B), by striking `subparagraph (D) or (E)' and inserting `subparagraph (C) or (D)';

(3) in subsection (c), by striking paragraph (2) and inserting the following:

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

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

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

`(i)(I) of not less than 10 percent of children described in--

`(aa) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or

`(bb) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent that such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; or

`(II) of not less than 100 of such children; and

`(ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of 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

`(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)--

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

`(ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) for the previous fiscal year.';

(4) in subsection (d)(1), by striking `section 8014(c)' and inserting `section 7014(c)';

(5) in subsection (e)--

(A) by redesignating paragraph (3) as paragraph (4);

(B) by striking paragraphs (1) and (2) and inserting the following:

`(1) IN GENERAL- In the case of any local educational agency eligible to receive a payment under subsection (b) whose calculated payment amount for a fiscal year is reduced by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall pay the local educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2).

`(2) AMOUNT OF REDUCTION- Subject to paragraph (3), A local educational agency described in paragraph (1) shall receive--

`(A) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under subsection (b) for the previous fiscal year;

`(B) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under subparagraph (A); and

`(C) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subparagraph (B).

`(3) SPECIAL RULE- For any fiscal year for which a local educational agency would receive a payment under subsection (b) in excess of the amount determined under paragraph (2), the payment received by the local educational agency for such fiscal year shall be calculated under paragraph (1) or (2) of subsection (b).'; and

(6) by striking subsection (g).

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS.

Section 7004(e)(9), as redesignated and amended by section 7001 of this Act, is further amended by striking `Affairs' both places the term appears and inserting `Education'.

SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003.

Section 7005, as redesignated and amended by section 7001 of this Act, is further amended--

(1) in the section heading, by striking `8002 and 8003' and inserting `7002 and 7003';

(2) by striking `or 8003' each place it appears and inserting `or 7003';

(3) in subsection (b)--

(A) in the matter preceding paragraph (1), by striking `, and shall contain such information,'; and

(B) by striking `section 8004' and inserting `section 7004'; and

(4) in subsection (d)(2), by striking `section 8003(e)' and inserting `section 7003(e)';

SEC. 7007. CONSTRUCTION.

Section 7007, as redesignated and amended by section 7001 of this Act, is further amended--

(1) in subsection (a)--

(A) in paragraph (3)(A)(i)--

(i) by redesignating the first subclause (II) as subclause (I);

(ii) in subclause (II), by striking `section 8008(a)' and inserting `section 7008(a)'; and

(B) in paragraph (4), by striking `section 8013(3)' and inserting `section 7013(3)'; and

(2) in subsection (b)--

(A) in paragraph (3)(C)(i)(I), by adding at the end the following:

`(cc) Not less than 10 percent of the property acreage in the agency is exempt from State and local taxation under Federal law.'; and

(B) in paragraph (6)--

(i) in the matter preceding subparagraph (A), by striking `, in such manner, and accompanied by such information' and inserting `and in such manner';

(ii) in subparagraph (A), by inserting before the period at the end the following: `, and containing such additional information as may be necessary to meet any award criteria for a grant under this subsection as provided by any other Act'; and

(iii) by striking subparagraph (F).

SEC. 7008. FACILITIES.

Section 7008(a), as redesignated by section 7001 of this Act, is amended by striking `section 8014(f)' and inserting `section 7014(e)'.

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

Section 7009, as redesignated and amended by section 7001 of this Act, is further amended--

(1) by striking `section 8011(a)' each place it appears and inserting `section 7011(a)';

(2) in subsection (b)(1)--

(A) by striking `or 8003(b)' and inserting `or 7003(b)'; and

(B) by striking `section 8003(a)(2)(B)' and inserting `section 7003(a)(2)(B)'; and

(3) in subsection (c)(1)(B), by striking `and contain the information' and inserting `that' after `form'.

SEC. 7010. FEDERAL ADMINISTRATION.

Section 7010, as redesignated and amended by section 7001 of this Act, is further amended--

(1) in subsection (c)--

(A) in paragraph (1), in the paragraph heading, by striking `8003(a)(1)' and inserting `7003(a)(1)';

(B) in paragraph (2)(D), by striking `section 8009(b)' and inserting `section 7009(b)'; and

(2) in subsection (d)(2), by striking `section 8014' and inserting `section 7014'.

SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

Section 7011(a), as redesignated by section 7001 of this Act, is amended by striking `or under the Act' and all that follows through `1994)'.

SEC. 7012. DEFINITIONS.

Section 7013, as redesignated by section 7001 of this Act, is amended--

(1) in paragraph (1), by striking `and Marine Corps' and inserting `Marine Corps, and Coast Guard';

(2) in paragraph (4), by striking `and title VI';

(3) in paragraph (5)(A)--

(A) in clause (ii), by striking subclause (III) and inserting the following:

`(III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act--

`(aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and

`(bb) is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no taxing power;'; and

(B) in clause (iii)--

(i) in subclause (II), by striking `Stewart B. McKinney Homeless Assistance Act' and inserting `McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411)'; and

(ii) by striking subclause (III) and inserting the following:

`(III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or'.

SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.

Section 7014, as amended and redesignated by section 7001 of this Act, is further amended--

(1) in subsection (a), by striking `$32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years' and inserting `$66,813,000 for each of fiscal years 2017 through 2019, and $71,997,917 for fiscal year 2020';

(2) in subsection (b), by striking `$809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years' and inserting `$1,151,233,000 for each of fiscal years 2017 through 2019, and $1,240,572,618 for fiscal year 2020';

(3) in subsection (c)--

(A) by striking `section 8003(d)' and inserting `section 7003(d)'; and

(B) by striking `$50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years' and inserting `$48,316,000 for each of fiscal years 2017 through 2019, and $52,065,487 for fiscal year 2020';

(4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively;

(5) in subsection (d) (as redesignated by paragraph (4))--

(A) by striking `section 8007' and inserting `section 7007'; and

(B) by striking `$10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years' and inserting `$17,406,000 for each of fiscal years 2017 through 2019, and $18,756,765 for fiscal year 2020'; and

(6) in subsection (e) (as redesignated by paragraph (4))--

(A) by striking `section 8008' and inserting `section 7008'; and

(B) by striking `$5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years' and inserting `$4,835,000 for each of fiscal years 2017 through 2019, and $5,210,213 for fiscal year 2020'.

TITLE VIII--GENERAL PROVISIONS

SEC. 8001. GENERAL PROVISIONS.

(a) Title IX Redesignations- Title IX (20 U.S.C. 7801 et seq.) (as amended by sections 2001 and 4001 of this Act) is redesignated as title VIII and further amended--

(1) by redesignating sections 9101 through 9103 as sections 8101 through 8103, respectively;

(2) by redesignating sections 9201 through 9204 as sections 8201 through 8204, respectively;

(3) by redesignating sections 9301 through 9306 as sections 8301 through 8306, respectively;

(4) by redesignating section 9401 as section 8401;

(5) by redesignating sections 9501 through 9506 as sections 8501 through 8506, respectively;

(6) by redesignating sections 9521 through 9537 as sections 8521 through 8537, respectively;

(7) by redesignating sections 9541 through 9548 as sections 8551 through 8558, respectively;

(8) by redesignating section 9551 as 8561;

(9) by redesignating sections 9561 through 9564 as sections 8571 through 8574, respectively; and

(10) by redesignating section 9601 as section 8601.

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

(1) by redesignating parts E and F as parts F and G, respectively;

(2) by striking `9305' each place it appears and inserting `8305';

(3) by striking `9302' each place it appears and inserting `8302'; and

(4) by striking `9501' each place it appears and inserting `8501'.

SEC. 8002. DEFINITIONS.

Section 8101, as redesignated and amended by section 8001 of this Act, is further amended--

(1) by striking paragraphs (3), (11), (19), (23), (35), (36), (37), and (42);

(2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and (50), respectively, and by transferring such paragraph (20) (as so redesignated) so as to follow such paragraph (19) (as so redesignated);

(3) by striking paragraphs (11) and (12) (as so redesignated by paragraph (2)) and inserting the following:

`(11) COVERED PROGRAM- The term `covered program' means each of the programs authorized by--

`(A) part A of title I;

`(B) part C of title I;

`(C) part D of title I;

`(D) part A of title II;

`(E) part A of title III;

`(F) part A of title IV;

`(G) part B of title IV; and

`(H) subpart 2 of part B of title V.

`(12) CURRENT EXPENDITURES- The term `current expenditures' means expenditures for free public education--

`(A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but

`(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.';

(4) by inserting after paragraph (14) (as so redesignated by paragraph (2)) the following:

`(15) DUAL OR CONCURRENT ENROLLMENT PROGRAM- The term `dual or concurrent enrollment program' means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that--

`(A) is transferable to the institutions of higher education in the partnership; and

`(B) applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

`(16) EARLY CHILDHOOD EDUCATION PROGRAM- The term `early childhood education program' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

`(17) EARLY COLLEGE HIGH SCHOOL- The term `early college high school' means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant's family.';

(5) in paragraph (20) (as so redesignated and transferred by paragraph (2))--

(A) in the paragraph heading, by striking `LIMITED ENGLISH PROFICIENT' and inserting `ENGLISH LEARNER';

(B) in the matter preceding subparagraph (A), by striking `limited English proficient' and inserting `English learner'; and

(C) in subparagraph (D)(i), by striking `State's proficient level of achievement on State assessments described in section 1111(b)(3)' and inserting `challenging State academic standards';

(6) by inserting after paragraph (20) (as so redesignated and transferred by paragraph (2)), the following:

`(21) EVIDENCE-BASED-

`(A) IN GENERAL- Except as provided in subparagraph (B), the term `evidence-based', when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that--

`(i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on--

`(I) strong evidence from at least 1 well-designed and well-implemented experimental study;

`(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or

`(III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or

`(ii)(I) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and

`(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

`(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED UNDER THIS ACT- When used with respect to interventions or improvement activities or strategies funded under section 1003, the term `evidence-based' means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i).

`(22) EXPANDED LEARNING TIME- The term `expanded learning time' means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for--

`(A) activities and instruction for enrichment as part of a well-rounded education; and

`(B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects.

`(23) EXTENDED-YEAR ADJUSTED COHORT GRADUATION RATE-

`(A) IN GENERAL- The term `extended-year adjusted cohort graduation rate' means the fraction--

`(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by--

`(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and

`(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and

`(ii) the numerator of which--

`(I) consists of the sum of--

`(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of--

`(AA) one or more additional years beyond the fourth year of high school; or

`(BB) a summer session immediately following the additional year of high school; and

`(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is--

`(AA) standards-based;

`(BB) aligned with the State requirements for the regular high school diploma; and

`(CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)); and

`(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

`(B) COHORT REMOVAL- To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.

`(C) TRANSFERRED OUT- For purposes of this paragraph, the term `transferred out' has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).

`(D) SPECIAL RULES-

`(i) SCHOOLS STARTING AFTER GRADE 9- For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).

`(ii) VERY SMALL SCHOOLS- A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by--

`(I) averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or

`(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.';

(7) by inserting after paragraph (24) (as so redesignated by paragraph (2)) the following:

`(25) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE-

`(A) IN GENERAL- The term `four-year adjusted cohort graduation rate' means the fraction--

`(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by--

`(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and

`(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and

`(ii) the numerator of which--

`(I) consists of the sum of--

`(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of--

`(AA) the fourth year of high school; or

`(BB) a summer session immediately following the fourth year of high school; and

`(AA) standards-based;

`(BB) aligned with the State requirements for the regular high school diploma; and

`(C) TRANSFERRED OUT-

`(i) IN GENERAL- For purposes of this paragraph, the term `transferred out' means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to--

`(I) another school from which the student is expected to receive a regular high school diploma; or

`(II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).

`(ii) CONFIRMATION REQUIREMENTS-

`(I) DOCUMENTATION REQUIRED- The confirmation of a student's transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled.

`(II) LACK OF CONFIRMATION- A student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort.

`(iii) PROGRAMS NOT PROVIDING CREDIT- Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort.

`(D) SPECIAL RULES-

`(i) SCHOOLS STARTING AFTER GRADE 9- For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).

`(ii) VERY SMALL SCHOOLS- A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by--

`(I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or

(8) by inserting after paragraph (27) (as so redesignated by paragraph (2)) the following:

`(28) HIGH SCHOOL- The term `high school' means a secondary school that--

`(A) grants a diploma, as defined by the State; and

`(B) includes, at least, grade 12.';

(9) in paragraph (30) (as so redesignated by paragraph (2)), in subparagraph (C)--

(A) by striking the subparagraph designation and heading and inserting `(C) BUREAU OF INDIAN EDUCATION SCHOOLS- '; and

(B) by striking `Affairs' both places the term appears and inserting `Education';

(10) by inserting after paragraph (31) (as redesignated by paragraph (2)) the following:

`(32) MIDDLE GRADES- The term middle grades means any of grades 5 through 8.

`(33) MULTI-TIER SYSTEM OF SUPPORTS- The term `multi-tier system of supports' means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students' needs, with regular observation to facilitate data-based instructional decisionmaking.';

(11) in paragraph (35) (as so redesignated by paragraph (2)), by striking `pupil services' and inserting `specialized instructional support';

(12) by striking paragraph (36) (as so redesignated by paragraph (2)) and inserting the following:

`(36) OUTLYING AREA- The term `outlying area'--

`(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands;

`(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and

`(C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751).';

(13) by inserting after paragraph (36) (as so redesignated by paragraph (2)), the following:

`(37) PARAPROFESSIONAL- The term `paraprofessional', also known as a `paraeducator', includes an education assistant and instructional assistant.';

(14) in paragraph (39) (as so redesignated by paragraph (2))--

(A) in subparagraph (C), by inserting `and' after the semicolon; and

(B) in subparagraph (D), by striking `section 1118' and inserting `section 1116';

(15) by inserting after paragraph (39) (as so redesignated by paragraph (2)) the following:

`(40) PAY FOR SUCCESS INITIATIVE- The term `pay for success initiative' means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include--

`(A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness;

`(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes;

`(C) an annual, publicly available report on the progress of the initiative; and

`(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).';

(16) by striking paragraph (42) (as so redesignated by paragraph (2)) and inserting the following:

`(42) PROFESSIONAL DEVELOPMENT- The term `professional development' means activities that--

`(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and

`(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that--

`(i) improve and increase teachers'--

`(I) knowledge of the academic subjects the teachers teach;

`(II) understanding of how students learn; and

`(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;

`(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;

`(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;

`(iv) improve classroom management skills;

`(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;

`(vi) advance teacher understanding of--

`(I) effective instructional strategies that are evidence-based; and

`(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;

`(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;

`(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act;

`(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;

`(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;

`(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;

`(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;

`(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;

`(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;

`(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;

`(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;

`(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and

`(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.';

(17) by inserting after paragraph (42) (as so redesignated by paragraph (2)) the following:

`(43) REGULAR HIGH SCHOOL DIPLOMA- The term `regular high school diploma'--

`(A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and

`(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

`(44) SCHOOL LEADER- The term `school leader' means a principal, assistant principal, or other individual who is--

`(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and

`(B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.';

(18) by inserting after paragraph (46) (as so redesignated by paragraph (2)) the following:

`(47) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES-

`(A) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL- The term `specialized instructional support personnel' means--

`(i) school counselors, school social workers, and school psychologists; and

`(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive program to meet student needs.

`(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES- The term `specialized instructional support services' means the services provided by specialized instructional support personnel.';

(19) by striking the undesignated paragraph between paragraph (47) (as inserted by paragraph (18)) and paragraph (49) (as so redesignated by paragraph (2)) and inserting the following:

`(48) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.';

(20) by striking paragraph (50) (as so redesignated by paragraph (2)) and inserting the following:

`(50) TECHNOLOGY- The term `technology' means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.'; and

(21) by adding at the end the following:

`(51) UNIVERSAL DESIGN FOR LEARNING- The term `universal design for learning' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

`(52) WELL-ROUNDED EDUCATION- The term `well-rounded education' means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.'.

SEC. 8003. APPLICABILITY OF TITLE.

Section 8102, as redesignated by section 8001 of this Act, is further amended by striking `Parts B, C, D, and E of this title do not apply to title VIII' and inserting `Parts B, C, D, E, and F of this title do not apply to title VII'.

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS.

Section 8103, as redesignated by section 8001 of this Act, is amended--

(1) in the section heading, by striking `bureau of indian affairs' and inserting `bureau of indian education'; and

(2) by striking `Bureau of Indian Affairs' each place the term appears and inserting `Bureau of Indian Education'.

SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

Section 8201(b)(2), as redesignated by section 8001 of this Act, is amended--

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

(2) in subparagraph (H), by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function.'.

SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

Section 8203, as redesignated by section 8001 of this Act, is amended--

(1) in subsection (b), by striking `Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State' and inserting `A State'; and

(2) by striking subsection (d) and inserting the following:

`(d) Uses of Administrative Funds-

`(1) IN GENERAL- A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 8201(b)(2).

`(2) FISCAL SUPPORT TEAMS- A local educational agency that uses funds as described in section 8201(b)(2)(I) may contribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds.'.

SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.

Section 8204, as redesignated and amended by section 8001 of this Act, is amended--

(1) in subsection (a)--

(A) in paragraph (1), by striking `part A of title VII' and inserting `part A of title VI'; and

(B) in paragraph (2), by striking subparagraph (B) and inserting the following:

`(B) CONTENTS- The agreement shall--

`(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and

`(ii) be developed in consultation with Indian tribes.'; and

(2) by adding at the end the following:

`(c) Accountability System-

`(1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools.

`(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served.

`(3) TECHNICAL ASSISTANCE- The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2).'.

SEC. 8008. DEPARTMENT STAFF.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by adding after section 8204 the following:

`SEC. 8205. DEPARTMENT STAFF.

`The Secretary shall--

`(1) not later than 60 days after the date of enactment of the Every Student Succeeds Act, identify the number of Department full-time equivalent employees who worked on or administered each education program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, and publish such information on the Department's website;

`(2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, that has been eliminated or consolidated since such date of enactment;

`(3) not later than 1 year after such date of enactment, reduce the workforce of the Department by the number of full-time equivalent employees the Department identified under paragraph (2); and

`(4) not later than 1 year after such date of enactment, report to Congress on--

`(A) the number of full-time equivalent employees associated with each program or project authorized under this Act and administered by the Department;

`(B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects described in paragraph (2);

`(C) how the Secretary has reduced the number of full-time equivalent employees as described in paragraph (3);

`(D) the average salary of the full-time equivalent employees described in subparagraph (B) whose positions were eliminated; and

`(E) the average salary of the full-time equivalent employees who work on or administer a program or project authorized by the Department under this Act, disaggregated by employee function within each such program or project.'.

SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

Section 8302(b)(1), as redesignated by section 8001 of this Act, is amended by striking `nonprofit'.

SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES.

Section 8304(a)(2), as redesignated by section 8001 of this Act, is amended by striking `nonprofit' and inserting `eligible' each place the term appears.

SEC. 8011. RURAL CONSOLIDATED PLAN.

Section 8305, as redesignated and amended by section 8001 of this Act, is amended by adding at the end the following:

`(e) Rural Consolidated Plan-

`(1) IN GENERAL- Two or more eligible local educational agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf.

`(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY- For the purposes of this subsection, the term `eligible local educational agency' means a local educational agency that is an eligible local educational agency under part B of title V.'.

SEC. 8012. OTHER GENERAL ASSURANCES.

Section 8306(a), as redesignated and amended by section 8001 of this Act, is further amended--

(1) in the matter preceding paragraph (1), by striking `whether separately or pursuant to section 8305,'; and

(2) in paragraph (2), by striking `nonprofit' each place it appears and inserting `eligible'.

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

Section 8401, as redesignated by section 8001 of this Act, is amended--

(1) by striking subsection (a) and inserting the following:

`(a) In General-

`(1) REQUEST FOR WAIVER BY STATE OR INDIAN TRIBE- A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act.

`(2) LOCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS SUBMITTED THROUGH THE STATE-

`(A) REQUEST FOR WAIVER BY LOCAL EDUCATIONAL AGENCY- A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate.

`(B) REQUEST FOR WAIVER BY SCHOOL- An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate.

`(3) RECEIPT OF WAIVER- Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection.';

(2) in subsection (b)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A)--

(I) by striking `, local educational agency,' and inserting `, acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2),'; and

(II) by inserting `, which shall include a plan' after `to the Secretary';

(ii) by redesignating subparagraph (E) as subparagraph (F);

(iii) by striking subparagraphs (B), (C), and (D) and inserting the following:

`(B) describes which Federal statutory or regulatory requirements are to be waived;

`(C) describes how the waiving of such requirements will advance student academic achievement;

`(D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan;

`(E) includes only information directly related to the waiver request; and'; and

(iv) in subparagraph (F), as redesignated by clause (ii), by inserting `and, if the waiver relates to provisions of subsections (b) or (h) of section 1111, describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi)' after `waivers are requested';

(B) in paragraph (2)(B)(i)(II), by striking `(on behalf of, and based on the requests of, local educational agencies)' and inserting `(on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State)';

(i) in subparagraph (A)--

(I) in the matter preceding clause (i), by inserting `or on behalf of local educational agencies in the State under subsection (a)(2),' after `acting on its own behalf,'; and

(II) by striking clauses (i) through (iii) and inserting the following:

`(i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency;

`(ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and

`(iii) provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public.'; and

(ii) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:

`(i) the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and

`(ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public.'.

(D) by adding at the end the following:

`(4) WAIVER DETERMINATION, DEMONSTRATION, AND REVISION-

`(A) IN GENERAL- The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that--

`(i) the waiver request does not meet the requirements of this section;

`(ii) the waiver is not permitted under subsection (c);

`(iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or

`(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan.

`(B) WAIVER DETERMINATION AND REVISION- Upon the initial determination of disapproval under subparagraph (A), the Secretary shall--

`(i) immediately--

`(I) notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and

`(II) provide detailed reasons for such determination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Department's website;

`(ii) offer the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and

`(iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission.

`(C) WAIVER DISAPPROVAL- The Secretary may ultimately disapprove a waiver request if--

`(i) the State educational agency, local educational agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and

`(ii) the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe--

`(I) does not revise and resubmit the waiver request; or

`(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested.

`(D) EXTERNAL CONDITIONS- The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.';

(3) in subsection (c)--

(A) in paragraph (1), by inserting `, Indian tribes' after `local educational agencies';

(B) in paragraph (8), by striking `subpart 1 of part B of title V' and inserting `part C of title IV'; and

`(9) the prohibitions--

`(A) in subpart 2 of part F;

`(B) regarding use of funds for religious worship or instruction in section 8505; and

`(C) regarding activities in section 8526; or';

(4) in subsection (d)--

(A) in the subsection heading, by adding `; Limitations' after `Waiver';

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking `Secretary determines' and inserting `State demonstrates'; and

`(3) SPECIFIC LIMITATIONS- The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to--

`(A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States;

`(B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or

`(C) include in, or delete from, such waiver request any specific elements of--

`(i) State academic standards;

`(ii) academic assessments;

`(iii) State accountability systems; or

`(iv) teacher and school leader evaluation systems.';

(5) by striking subsection (e) and inserting the following:

`(e) Reports- A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)--

`(1) the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and

`(2) how the use of the waiver has contributed to such progress.'; and

(6) in subsection (f), by striking `if the Secretary determines' and all that follows through the period at the end and inserting the following: `if, after notice and an opportunity for a hearing, the Secretary--

`(A) presents a rationale and supporting information that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or

`(B) determines that the waiver is no longer necessary to achieve its original purposes.'.

SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS.

Title VIII, as amended and redesignated by section 8001 of this Act, is further amended by inserting after section 8401 the following: << >>Continue Reading>>

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Thursday, December 10