Signed Legislation: Every Student Succeeds Act (Part 13)

The Every Student Succeeds Act has been posted in 14 parts

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`PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

`SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

`(a) Approval- A plan submitted by a State pursuant to section 2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d), 4103(c), or 4203, or part C, respectively.

`(b) Disapproval Process-

`(1) IN GENERAL- The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(c), 4203, or 8302, except after giving the State educational agency notice and an opportunity for a hearing.

`(2) NOTIFICATIONS- If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d), 4103(c), or 4203, or part C, as applicable, the Secretary shall--

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`(A) immediately notify the State of such determination;

`(B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

`(C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;

`(D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable;

`(E) conduct a hearing within 30 days of the plan's resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and

`(F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant.

`(3) RESPONSE- If the State educational agency responds to the Secretary's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of section 2101(d), 4103(c), or 4203, or part C, as applicable.

`(4) FAILURE TO RESPOND- If the State educational agency does not respond to the Secretary's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved.

`(c) Limitation- A plan submitted under section 2101(d), 4103(c), 4203, or 8302 shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements.

`(d) Peer-review Requirements- Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(4).

`SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY APPLICATIONS.

`(a) Approval- An application submitted by a local educational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2102(b), 4106, or 4204(b), or part C, respectively.

`(b) Disapproval Process-

`(1) IN GENERAL- The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4106, 4204(b) or 8305 except after giving the local educational agency notice and opportunity for a hearing.

`(2) NOTIFICATIONS- If the State educational agency finds that the application submitted under section 2102(b), 4106, 4204(b) or 8305 is not in compliance, in whole or in part, with section 2102(b), 4106, or 4204(b), or part C, respectively, the State educational agency shall--

`(A) immediately notify the local educational agency of such determination;

`(B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

`(C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part;

`(D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable;

`(E) conduct a hearing within 30 days of the application's resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and

`(F) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

`(3) RESPONSE- If the local educational agency responds to the State educational agency's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency determines the application does not meet the requirements of this part.

`(4) FAILURE TO RESPOND- If the local educational agency does not respond to the State educational agency's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved.'.

SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

Section 8501, as redesignated by section 8001 of this Act, is amended--

(1) in subsection (a)--

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

`(3) SPECIAL RULE-

`(A) IN GENERAL- Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner.

`(B) OMBUDSMAN- To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and enforce the requirements of this section.'; and

(B) by striking paragraph (4) and inserting the following:

`(4) EXPENDITURES-

`(A) IN GENERAL- Expenditures for educational services and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

`(B) OBLIGATION OF FUNDS- Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.

`(C) NOTICE OF ALLOCATION- Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this subpart that the local educational agencies have determined are available for eligible private school children.'.

(2) in subsection (b)--

(A) in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following:

`(A) part C of title I;

`(B) part A of title II;

`(C) part A of title III;

`(D) part A of title IV; and

`(E) part B of title IV.'; and

(B) by striking paragraph (3); and

(3) in subsection (c)--

(A) in the matter preceding subparagraph (A), by striking `To ensure' and all that follows through `such as' and inserting `To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, on issues such as';

(B) in paragraph (1)--

(i) in subparagraph (E)--

(I) by striking `and the amount' and inserting `, the amount'; and

(II) by striking `services; and' and inserting `services, and how that amount is determined;';

(ii) in subparagraph (F)--

(I) by striking `contract' after `provision of'; and

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

(iii) by adding at the end the following:

`(G) whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party contractor; and

`(H) whether to provide equitable services to eligible private school children--

`(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(C) based on all the children from low-income families in a participating school attendance area who attend private schools; or

`(ii) in the agency's participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(C) based on the number of children from low-income families who attend private schools.'; and

(4) by adding at the end the following:

`(5) DOCUMENTATION- Each local educational agency shall maintain in the agency's records, and provide to the State educational agency involved, a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials' belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.

`(6) COMPLIANCE-

`(A) IN GENERAL- If the consultation required under this section is with a local educational agency or educational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by this section.

`(B) PROCEDURE- If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials.

`(C) SERVICES- A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and institutions, if the appropriate private school officials have--

`(i) requested that the State educational agency provide such services directly; and

`(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.'.

SEC. 8016. STANDARDS FOR BY-PASS.

Section 8502(a)(2), as redesignated and amended by section 8001 of this Act, is further amended by striking `9503, and 9504' and inserting `8503, and 8504'.

SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL CHILDREN.

Section 8503, as redesignated and amended by section 8001 of this Act, is further amended by striking subsections (a) and (b) and inserting the following:

`(a) Procedures for Complaints- The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 8501 by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days.

`(b) Appeals to Secretary- The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency's resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.'.

SEC. 8018. BY-PASS DETERMINATION PROCESS.

Section 8504(a)(1)(A), as redesignated by section 8001 of this Act, is amended by striking `9502' and inserting `8502'.

SEC. 8019. MAINTENANCE OF EFFORT.

Section 8521, as redesignated by section 8001 of this Act, is amended--

(1) in subsection (a), by inserting `, subject to the requirements of subsection (b)' after `for the second preceding fiscal year';

(2) in subsection (b)(1), by inserting before the period at the end the following: `, if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years'; and

(3) in subsection (c)(1), by inserting `or a change in the organizational structure of the local educational agency' after `, such as a natural disaster'.

SEC. 8020. PROHIBITION REGARDING STATE AID.

Section 8522, as redesignated by section 8001 of this Act, is amended by striking `title VIII' and inserting `title VII'.

SEC. 8021. SCHOOL PRAYER.

Section 8524(a), as redesignated by section 8001 of this Act, is amended by striking `on the Internet' and inserting `by electronic means, including by posting the guidance on the Department's website in a clear and easily accessible manner'.

SEC. 8022. PROHIBITED USES OF FUNDS.

Section 8526, as redesignated by section 8001 of this Act, is amended--

(1) by striking the section heading and inserting `prohibited uses of funds';

(2) in subsection (a)--

(A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and

(B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:

`(1) for construction, renovation, or repair of any school facility, except as authorized under this Act;

`(2) for transportation unless otherwise authorized under this Act;';

(3) by striking `(a)PROHIBITION- None of the funds authorized under this Act shall be used' and inserting `No funds under this Act may be used'; and

(4) by striking subsection (b).

SEC. 8023. PROHIBITIONS.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8526 the following:

`SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.

`(a) In General- No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so.

`(b) Financial Support- No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under section 8401 upon a State, local educational agency, or school's adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards).'.

SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

Section 8527, as redesignated by section 8001 of this Act, is amended to read as follows:

`SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

`(a) General Prohibition- Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.

`(b) Prohibition on Endorsement of Curriculum- Notwithstanding any other provision of Federal law, no funds provided to the Department under this Act may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school.

`(c) Local Control- Nothing in this section shall be construed to--

`(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school's instructional content, curriculum, and related activities;

`(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.);

`(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or

`(4) create any legally enforceable right.

`(d) Prohibition on Requiring Federal Approval or Certification of Standards-

`(1) IN GENERAL- Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act.

`(2) RULE OF CONSTRUCTION- Nothing in this Act shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds.

`(3) BUILDING STANDARDS- Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.'.

SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.

Section 8528, as redesignated by section 8001 of this Act, is amended by striking subsections (a) through (d) and inserting the following:

`(a) Policy-

`(1) ACCESS TO STUDENT RECRUITING INFORMATION- Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2).

`(2) CONSENT-

`(A) OPT-OUT PROCESS- A parent of a secondary school student may submit a written request, to the local educational agency, that the student's name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student's name, address, and telephone listing for such purposes without the prior written consent of the parent.

`(B) NOTIFICATION OF OPT-OUT PROCESS- Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A).

`(3) SAME ACCESS TO STUDENTS- Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided to institutions of higher education or to prospective employers of those students.

`(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROCESSES- Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A).

`(5) PARENTAL CONSENT- For purposes of this subsection, whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.

`(b) Notification- The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds Act, notify school leaders, school administrators, and other educators about the requirements of this section.

`(c) Exception- The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.'.

SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.

Section 8529, as redesignated by section 8001 of this Act, is amended to read as follows:

`SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

`(a) General Prohibition- Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.

`(b) Exceptions- Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to only a representative sample of pupils in the United States and in foreign nations.'.

SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.

Section 8530, as redesignated by section 8001 of this Act, is amended--

(1) in the section heading, by inserting `, principals, or other school leaders' after `teachers';

(2) in the subsection heading, by inserting `, Principals, or Other School Leaders' after `Teachers'; and

(3) in subsection (a)--

(A) by inserting `, principals, other school leaders,' after `teachers'; and

(B) by inserting `, or incentive regarding,' after `administration of'.

SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8530 the following:

`SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION.

`Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be construed to require a State to participate in any program under this Act.'.

SEC. 8029. CIVIL RIGHTS.

Section 8534(b), as redesignated by section 8001 of this Act, is amended--

(1) by striking `as defined in section 1116 of title I and part B of title V' and inserting `as defined in section 1111(d) of title I and part C of title IV'; and

(2) by striking `grant under section 1116 of title I or part B of title V' and inserting `grant under section 1111(d) of title I or part C of title IV'.

SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.

`(a) In General- To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency's submission of a required plan or application for a covered program under this Act or for a program under title VI of this Act. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.

`(b) Documentation- Each affected local educational agency shall maintain in the agency's records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.

`(c) Definitions- In this section:

`(1) AFFECTED LOCAL EDUCATIONAL AGENCY- The term `affected local educational agency' means a local educational agency--

`(A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or

`(B) that--

`(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII (as such subpart was in effect on the day before the date of enactment of the Every Student Succeeds Act) that exceeded $40,000; or

`(ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of title VI that exceeded $40,000.

`(2) APPROPRIATE OFFICIALS- The term `appropriate officials' means--

`(A) tribal officials who are elected; or

`(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.

`(d) Rule of Construction- Nothing in this section shall be construed--

`(1) to require the local educational agency to determine who are the appropriate officials; or

`(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.

`(e) Limitation- Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this Act.'.

SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES.

`(a) Outreach- The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act.

`(b) Technical Assistance- If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application.'.

SEC. 8032. CONSULTATION WITH THE GOVERNOR.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8540. CONSULTATION WITH THE GOVERNOR.

`(a) In General- A State educational agency shall consult in a timely and meaningful manner with the Governor, or appropriate officials from the Governor's office, in the development of State plans under titles I and II and section 8302.

`(b) Timing- The consultation described in subsection (a) shall include meetings of officials from the State educational agency and the Governor's office and shall occur--

`(1) during the development of such plan; and

`(2) prior to submission of the plan to the Secretary.

`(c) Joint Signature Authority- A Governor shall have 30 days prior to the State educational agency submitting the State plan under title I or II or section 8302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without such signature.'.

SEC. 8033. LOCAL GOVERNANCE.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8541. LOCAL GOVERNANCE.

`(a) Rule of Construction- Nothing in this Act shall be construed to allow the Secretary to--

`(1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act;

`(2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or

`(3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders.

`(b) Authority Under Other Law- Nothing in subsection (a) shall be construed to affect any authority the Secretary has under any other Federal law.'.

SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.

`(a) In General- Subject to subsection (b), nothing in this Act shall authorize the Secretary to, or shall be construed to--

`(1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or

`(2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate.

`(b) No Preemption of State or Local Laws- Notwithstanding subsection (a), nothing in this section shall be construed to preempt State or local laws.'.

SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

`Notwithstanding section 8102, funds used for activities under this Act shall be carried out in accordance with the provision of section 399z-1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h-5(a)(3)(C)).'.

SEC. 8036. STATE CONTROL OVER STANDARDS.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8544. STATE CONTROL OVER STANDARDS.

`(a) In General- Nothing in this Act shall be construed to prohibit a State from withdrawing from the Common Core State Standards or from otherwise revising their standards.

`(b) Prohibition- No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts or other cooperative agreements, through waiver granted under section 8401 or through any other authority, take any action against a State that exercises its rights under subsection (a).'.

SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

`(a) Findings- The Congress finds as follows:

`(1) Students' personally identifiable information is important to protect.

`(2) Students' information should not be shared with individuals other than school officials in charge of educating those students without clear notice to parents.

`(3) With the use of more technology, and more research about student learning, the responsibility to protect students' personally identifiable information is more important than ever.

`(4) Regulations allowing more access to students' personal information could allow that information to be shared or sold by individuals who do not have the best interest of the students in mind.

`(5) The Secretary has the responsibility to ensure every entity that receives funding under this Act holds any personally identifiable information in strict confidence.

`(b) Sense of Congress- It is the sense of the Congress that the Secretary should review all regulations addressing issues of student privacy, including those under this Act, and ensure that students' personally identifiable information is protected.'.

SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

`(a) In General- A State, State educational agency, or local educational agency in the case of a local educational agency that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

`(b) Exception- The requirements of subsection (a) shall not apply if the information giving rise to probable cause--

`(1)(A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and

`(B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and

`(2)(A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;

`(B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or

`(C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

`(c) Prohibition- The Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section.

`(d) Construction- Nothing in this section shall be construed to prevent a State from adopting, or to override a State law, regulation, or policy that provides, greater or additional protections to prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.'.

SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION.

`It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this Act prior to a State or local educational agency's request to participate in such activities.'.

SEC. 8040. PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8548. PRIVACY.

`The Secretary shall require an assurance that each grantee receiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the `Family Education Rights and Privacy Act of 1974').'.

SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; TECHNICAL ASSISTANCE.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

`SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL GUIDANCE.

`The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include--

`(1) appropriate approval processes within the Department;

`(2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance;

`(3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and

`(4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document.

`SEC. 8549A SENSE OF CONGRESS.

`(a) Findings- The Congress finds as follows:

`(1) This Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school's curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.

`(2) This Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.

`(b) Sense of Congress- It is the sense of the Congress that States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education.

`SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD CARE.

`It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use funding under this Act to offer early childhood education programs. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the content of a State's early learning guidelines, and how to determine quality in programs.

`SEC. 8549C. TECHNICAL ASSISTANCE.

`If requested by a State or local educational agency, a regional educational laboratory under part D of the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the requirements of section 8101(21).'.

SEC. 8042. EVALUATIONS.

Section 8601, as redesignated by section 8001 of this Act, is amended to read as follows:

`SEC. 8601. EVALUATIONS.

`(a) Reservation of Funds- Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts--

`(1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to--

`(A) conduct comprehensive, high-quality evaluations of the programs that--

`(i) are consistent with the evaluation plan under subsection (d); and

`(ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences;

`(B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on schools and local educational agencies; and

`(C) widely disseminate evaluation findings under this section related to programs authorized under this Act--

`(i) in a timely fashion;

`(ii) in forms that are understandable, easily accessible, usable, and adaptable for use in the improvement of educational practice;

`(iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and

`(iv) in a manner that promotes the utilization of such findings; and

`(2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences--

`(A) to evaluate the aggregate short- and long-term effects and cost efficiencies across--

`(i) Federal programs assisted or authorized under this Act; and

`(ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any other Federal law;

`(B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and

`(C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1).

`(b) Title I- The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation.

`(c) Consolidation- Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences--

`(1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and

`(2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year.

`(d) Evaluation Plan- The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that--

`(1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities;

`(2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and

`(3) describes how programs authorized under this Act will be regularly evaluated.

`(e) Evaluation Activities Authorized Elsewhere- If, under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program.'.

TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

PART A--HOMELESS CHILDREN AND YOUTHS

SEC. 9101. STATEMENT OF POLICY.

Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431) is amended--

(1) in paragraph (2), by striking `In any State' and all that follows through `will review' and inserting `In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review';

(2) in paragraph (3), by striking `alone'; and

(3) in paragraph (4), by striking `challenging State student academic achievement standards' and inserting `challenging State academic standards'.

SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432) is amended--

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

`(b) Grants From Allotments- The Secretary shall make the grants to States from the allotments made under subsection (c)(1).';

(2) in subsection (d)--

(A) in paragraph (2)--

(i) by striking `To provide' and all that follows through `that enable' and inserting `To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable'; and

(ii) by striking `or, if' and inserting `including, if';

(B) in paragraph (3), by striking `designate' and all that follows and inserting `designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle in accordance with subsection (f).'; and

(C) by striking paragraph (5) and inserting the following:

`(5) To develop and implement professional development programs for liaisons designated under subsection (g)(1)(J)(ii) and other local educational agency personnel--

`(A) to improve their identification of homeless children and youths; and

`(B) to heighten the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs in the education of homeless children and youths.';

(3) in subsection (e)--

(A) in paragraph (1), by inserting `a State through grants under subsection (a) to' after `each year to';

(B) in paragraph (2), by striking `funds made available for State use under this subtitle' and inserting `the grant funds remaining after the State educational agency distributes subgrants under paragraph (1)'; and

(C) in paragraph (3)--

(i) in subparagraph (C)(iv)(II), by striking `sections 1111 and 1116' and inserting `section 1111';

(ii) in subparagraph (E)(ii)(II), by striking `subsection (g)(6)(A)(v)' and inserting `subsection (g)(6)(A)(vi)'; and

(iii) in subparagraph (F)--

(I) in clause (i)--

(aa) by striking `and' at the end of subclause (II);

(bb) by striking the period at the end of subclause (III) and inserting `; and'; and

(cc) by adding at the end the following:

`(IV) the progress the separate schools are making in helping all students meet the challenging State academic standards.'; and

(II) in clause (iii), by striking `Not later than 2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the' and inserting `The';

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

`(f) Functions of the Office of the Coordinator- The Coordinator for Education of Homeless Children and Youths established in each State shall--

`(1) gather and make publicly available reliable, valid, and comprehensive information on--

`(A) the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency's website;

`(B) the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools;

`(C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths;

`(D) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and

`(E) the success of the programs under this subtitle in identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school;

`(2) develop and carry out the State plan described in subsection (g);

`(3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h);

`(4) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with--

`(A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel;

`(B) providers of services to homeless children and youths and their families, including public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.);

`(C) providers of emergency, transitional, and permanent housing to homeless children and youths, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths;

`(D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and

`(E) community organizations and groups representing homeless children and youths and their families;

`(5) provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g);

`(6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in sections 103, 401, and 725 to the liaison; and

`(7) respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle.';

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

`(g) State Plan-

`(1) IN GENERAL- For any State desiring to receive a grant under this subtitle, the State educational agency shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State. Such plan shall include the following:

`(A) A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State academic standards as all students are expected to meet.

`(B) A description of the procedures the State educational agency will use to identify such children and youths in the State and to assess their needs.

`(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths.

`(D) A description of programs for school personnel (including liaisons designated under subparagraph (J)(ii), principals and other school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of such school personnel of the specific needs of homeless children and youths, including such children and youths who are runaway and homeless youths.

`(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local nutrition programs.

`(F) A description of procedures that ensure that--

`(i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, as provided to other children in the State;

`(ii) youths described in section 725(2) and youths separated from public schools are identified and accorded equal access to appropriate secondary education and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; and

`(iii) homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State and local levels.

`(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3).

`(H) Strategies to address other problems with respect to the education of homeless children and youths, including problems resulting from enrollment delays that are caused by--

`(i) requirements of immunization and other required health records;

`(ii) residency requirements;

`(iii) lack of birth certificates, school records, or other documentation;

`(iv) guardianship issues; or

`(v) uniform or dress code requirements.

`(I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences.

`(J) Assurances that the following will be carried out:

`(i) The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless.

`(ii) The local educational agencies will designate an appropriate staff person, able to carry out the duties described in paragraph (6)(A), who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youths.

`(iii) The State and the local educational agencies in the State will adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), in accordance with the following, as applicable:

`(I) If the child or youth continues to live in the area served by the local educational agency in which the school of origin is located, the child's or youth's transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located.

`(II) If the child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child's or youth's education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally.

`(iv) The State and the local educational agencies in the State will adopt policies and practices to ensure participation by liaisons described in clause (ii) in professional development and other technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator.

`(K) A description of how youths described in section 725(2) will receive assistance from counselors to advise such youths, and prepare and improve the readiness of such youths for college.

`(2) COMPLIANCE-

`(A) IN GENERAL- Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (7).

`(B) COORDINATION- Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii).

`(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS-

`(A) IN GENERAL- The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest--

`(i) continue the child's or youth's education in the school of origin for the duration of homelessness--

`(I) in any case in which a family becomes homeless between academic years or during an academic year; and

`(II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or

`(ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

`(B) SCHOOL STABILITY- In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall--

`(i) presume that keeping the child or youth in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth;

`(ii) consider student-centered factors related to the child's or youth's best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child's or youth's parent or guardian or (in the case of an unaccompanied youth) the youth;

`(iii) if, after conducting the best interest determination based on consideration of the presumption in clause (i) and the student-centered factors in clause (ii), the local educational agency determines that it is not in the child's or youth's best interest to attend the school of origin or the school requested by the parent or guardian, or (in the case of an unaccompanied youth) the youth, provide the child's or youth's parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal under subparagraph (E); and

`(iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E).

`(C) IMMEDIATE ENROLLMENT-

`(i) IN GENERAL- The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth--

`(I) is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or

`(II) has missed application or enrollment deadlines during any period of homelessness.

`(ii) RELEVANT ACADEMIC RECORDS- The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records.

`(iii) RELEVANT HEALTH RECORDS- If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately refer the parent or guardian of the child or youth, or (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records, in accordance with subparagraph (D).

`(D) RECORDS- Any record ordinarily kept by the school, including immunization or other required health records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained--

`(i) so that the records involved are available, in a timely fashion, when a child or youth enters a new school or school district; and

`(ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

`(E) ENROLLMENT DISPUTES- If a dispute arises over eligibility, or school selection or enrollment in a school--

`(i) the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals;

`(ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions;

`(iii) the parent, guardian, or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and

`(iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of such dispute.

`(F) PLACEMENT CHOICE- The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere.

`(G) PRIVACY- Information about a homeless child's or youth's living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

`(H) CONTACT INFORMATION- Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child or youth to submit contact information.

`(I) SCHOOL OF ORIGIN DEFINED- In this paragraph:

`(i) IN GENERAL- The term `school of origin' means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.

`(ii) RECEIVING SCHOOL- When the child or youth completes the final grade level served by the school of origin, as described in clause (i), the term `school of origin' shall include the designated receiving school at the next grade level for all feeder schools.

`(4) COMPARABLE SERVICES- Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following:

`(A) Transportation services.

`(B) Educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or local programs, educational programs for children with disabilities, and educational programs for English learners.

`(C) Programs in career and technical education.

`(D) Programs for gifted and talented students.

`(E) School nutrition programs.

`(5) COORDINATION-

`(A) IN GENERAL- Each local educational agency serving homeless children and youths that receives assistance under this subtitle shall coordinate--

`(i) the provision of services under this subtitle with local social services agencies and other agencies or entities providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and

`(ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies.

`(B) HOUSING ASSISTANCE- If applicable, each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become homeless.

`(C) COORDINATION PURPOSE- The coordination required under subparagraphs (A) and (B) shall be designed to--

`(i) ensure that all homeless children and youths are promptly identified;

`(ii) ensure that all homeless children and youths have access to, and are in reasonable proximity to, available education and related support services; and

`(iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness.

`(D) HOMELESS CHILDREN AND YOUTHS WITH DISABILITIES- For children and youths who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies.

`(6) LOCAL EDUCATIONAL AGENCY LIAISON-

`(A) DUTIES- Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that--

`(i) homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies;

`(ii) homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency;

`(iii) homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act (42 U.S.C. 9831 et seq.), early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and other preschool programs administered by the local educational agency;

`(iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;

`(v) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

`(vi) public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths;

`(vii) enrollment disputes are mediated in accordance with paragraph (3)(E);

`(viii) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A);

`(ix) school personnel providing services under this subtitle receive professional development and other support; and

`(x) unaccompanied youths--

`(I) are enrolled in school;

`(II) have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and

`(III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv) and that the youths may obtain assistance from the local educational agency liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act (20 U.S.C. 1090).

`(B) NOTICE- State Coordinators established under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local educational agency liaisons, and publish an annually updated list of the liaisons on the State educational agency's website.

`(C) LOCAL AND STATE COORDINATION- Local educational agency liaisons for homeless children and youths shall, as a part of their duties, coordinate and collaborate with State Coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f).

`(D) HOMELESS STATUS- A local educational agency liaison designated under paragraph (1)(J)(ii) who receives training described in subsection (f)(6) may affirm, without further agency action by the Department of Housing and Urban Development, that a child or youth who is eligible for and participating in a program provided by the local educational agency, or the immediate family of such a child or youth, who meets the eligibility requirements of this Act for a program or service authorized under title IV, is eligible for such program or service.

`(7) REVIEW AND REVISIONS-

`(A) IN GENERAL- Each State educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the identification of homeless children and youths or the enrollment of homeless children and youths in schools that are selected under paragraph (3).

`(B) CONSIDERATION- In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship.

`(C) SPECIAL ATTENTION- Special attention shall be given to ensuring the identification, enrollment, and attendance of homeless children and youths who are not currently attending school.'; and

(6) by striking subsection (h).

SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

Section 723 of such Act (42 U.S.C. 11433) is amended--

(1) in subsection (a)--

(A) in paragraph (1), by striking `facilitating the enrollment,' and inserting `facilitating the identification, enrollment,';

(B) in paragraph (2)(B), in the matter preceding clause (i), by inserting `the related' before `schools'; and

(C) by adding at the end the following:

`(4) DURATION OF GRANTS- Subgrants made under this section shall be for terms of not to exceed 3 years.';

(2) in subsection (b), by adding at the end the following:

`(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f).

`(7) An assurance that the local educational agency will meet the requirements of section 722(g)(3).';

(3) in subsection (c)--

(A) in paragraph (2)--

(i) in the matter preceding subparagraph (A), by striking `preschool, elementary, and secondary schools' and inserting `early childhood education and other preschool programs, elementary schools, and secondary schools,';

(ii) in subparagraph (A), by inserting `identification,' before `enrollment,';

(iii) in subparagraph (B), by striking `application--' and all that follows and inserting `application reflects coordination with other local and State agencies that serve homeless children and youths.'; and

(iv) in subparagraph (C), by inserting `(as of the date of submission of the application)' after `practice';

(B) in paragraph (3)--

(i) in subparagraph (C), by inserting `extent to which the applicant will promote meaningful' after `The';

(ii) in subparagraph (D), by striking `within' and inserting `into';

(iii) by redesignating subparagraph (G) as subparagraph (I);

(iv) by inserting after subparagraph (F) the following:

`(G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation.

`(H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)).'; and

(v) in subparagraph (I), as redesignated by clause (iii), by striking `Such' and inserting `The extent to which the applicant's program meets such'; and

(C) by striking paragraph (4); and

(4) in subsection (d)--

(A) in paragraph (1), by striking `the same challenging State academic content standards and challenging State student academic achievement standards' and inserting `the same challenging State academic standards as';

(B) in paragraph (2)--

(i) by striking `students with limited English proficiency' and inserting `English learners'; and

(ii) by striking `vocational' and inserting `career';

(C) in paragraph (3), by striking `pupil services' and inserting `specialized instructional support';

(D) in paragraph (7), by striking `and unaccompanied youths,' and inserting `particularly homeless children and youths who are not enrolled in school,';

(E) in paragraph (9) by striking `medical' and inserting `other required health';

(F) in paragraph (10)--

(i) by striking `parents' and inserting `parents and guardians'; and

(ii) by inserting before the period at the end `, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or youths';

(G) in paragraph (12), by striking `pupil services' and inserting `specialized instructional support services';

(H) in paragraph (13), by inserting before the period at the end `and parental mental health or substance abuse problems'; and

(I) in paragraph (16), by inserting before the period at the end `and participate fully in school activities'.

SEC. 9104. SECRETARIAL RESPONSIBILITIES.

Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434) is amended--

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

`(c) Notice-

`(1) IN GENERAL- The Secretary shall, before the next school year that begins after the date of enactment of the Every Student Succeeds Act, update and disseminate nationwide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths.

`(2) DISSEMINATION- The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths.';

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

`(d) Evaluation, Dissemination, and Technical Assistance- The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.';

(3) in subsection (e)--

(A) by striking `60-day' and inserting `120-day'; and

(B) by striking `120-day' and inserting `180-day';

(4) in subsection (f), by adding at the end the following: `The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.';

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

`(g) Guidelines- The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State--

`(1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and

`(2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school.';

(6) in subsection (h)(1)(A)--

(A) by striking `location' and inserting `primary nighttime residence'; and

(B) by inserting `in all areas served by local educational agencies' before the semicolon at the end; and

(7) in subsection (i), by striking `McKinney-Vento Homeless Education Assistance Improvements Act of 2001' and inserting `Every Student Succeeds Act'.

SEC. 9105. DEFINITIONS.

(a) Amendments- Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) is amended--

(1) in paragraph (2)(B)(i)--

(A) by inserting `or' before `are abandoned'; and

(B) by striking `or are awaiting foster care placement;';

(2) in paragraph (3), by striking `9101' and inserting `8101'; and

(3) in paragraph (6), by striking `youth not' and inserting `homeless child or youth not'.

(b) Effective Date-

(1) IN GENERAL- In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act.

(2) COVERED STATE- In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act.

(c) Covered State- For purposes of this section the term `covered State' means a State that has a statutory law that defines or describes the phrase `awaiting foster care placement', for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

SEC. 9106. AUTHORIZATION OF APPROPRIATIONS.

Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended to read as follows:

`SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020.'.

SEC. 9107. EFFECTIVE DATE.

Except as provided in section 9105(b) or as otherwise provided in this Act, this title and the amendments made by this title take effect on October 1, 2016.

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