Signed Legislation: Every Student Succeeds Act (Part 3)

The Every Student Succeeds Act has been posted in 14 parts

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SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

Section 1117, as redesignated by section 1000(3), is amended--

(1) in subsection (a)--

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

`(1) IN GENERAL- To the extent consistent with the number of eligible children identified under section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall--

`(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students' academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and

`(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116.';

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

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`(3) EQUITY-

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

`(B) OMBUDSMAN- To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.';

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

`(4) EXPENDITURES-

`(A) DETERMINATION-

`(i) IN GENERAL- Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.

`(ii) PROPORTIONAL SHARE- The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.

`(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 part that the local educational agencies have determined are available for eligible private school children.

`(D) TERM OF DETERMINATION- The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.'; and

(D) in paragraph (5), by striking `agency' and inserting `agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved,';

(2) in subsection (b)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking `part,' and inserting `part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation';

(ii) in subparagraph (E)--

(I) by striking `and' before `the proportion of funds';

(II) by striking `(a)(4)' and inserting `(a)(4)(A)' ; and

(III) by inserting `, and how that proportion of funds is determined' after `such services';

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

(iv) in subparagraph (H), by striking the period at the end and inserting a semicolon; and

(v) by adding at the end the following:

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

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

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

`(K) when, including the approximate time of day, services will be provided; and

`(L) whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating in programs.';

(B) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;

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

`(2) DISAGREEMENT- If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.';

(D) in paragraph (5) (as redesignated by subparagraph (B))--

(i) by inserting `meaningful' before `consultation' in the first sentence;

(ii) by inserting `The written affirmation shall 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.' after `occurred.'; and

(iii) by striking `has taken place' and inserting `has, or attempts at such consultation have, taken place'; and

(E) in paragraph (6) (as redesignated by subparagraph (B))--

(i) in subparagraph (A)--

(I) by striking `right to complain to' and inserting `right to file a complaint with';

(II) by inserting `asserting' after `State educational agency';

(III) by striking `or' before `did not give due consideration'; and

(IV) by inserting `, or did not make a decision that treats the private school students equitably as required by this section' before the period at the end;

(ii) in subparagraph (B), by striking `to complain,' and inserting `to file a complaint,'; and

(iii) by adding at the end the following:

`(C) STATE EDUCATIONAL AGENCIES- A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or 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.';

(3) in subsection (c)(2), by striking `section 9505' and inserting `section 8503'; and

(4) in subsection (e)(2), by striking `sections 9503 and 9504' and inserting `sections 8503 and 8504'.

SEC. 1012. SUPPLEMENT, NOT SUPPLANT.

Section 1118, as redesignated by section 1000(4), is amended--

(1) in subsection (a), by striking `section 9521' and inserting `section 8521'; and

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

`(b) Federal Funds To Supplement, Not Supplant, Non-Federal Funds-

`(1) IN GENERAL- A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.

`(2) COMPLIANCE- To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.

`(3) SPECIAL RULE- No local educational agency shall be required to--

`(A) identify that an individual cost or service supported under this part is supplemental; or

`(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency's compliance with paragraph (1).

`(4) PROHIBITION- Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.

`(5) TIMELINE- A local educational agency--

`(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Student Succeeds Act; and

`(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Student Succeeds Act.'.

SEC. 1013. COORDINATION REQUIREMENTS.

Section 1119, as redesignated by section 1000(5), is amended--

(1) in subsection (a)--

(A) by striking `such as the Early Reading First program'; and

(B) by adding at the end the following new sentence: `Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.'; and

(2) in subsection (b)--

(A) in the matter preceding paragraph (1), by striking `early childhood development programs, such as the Early Reading First program,' and inserting `early childhood education programs';

(B) in paragraph (1), by striking `early childhood development program such as the Early Reading First program' and inserting `early childhood education program';

(C) in paragraph (2), by striking `early childhood development programs such as the Early Reading First program' and inserting `early childhood education programs';

(D) in paragraph (3), by striking `early childhood development programs such as the Early Reading First program' and inserting `early childhood education programs';

(E) in paragraph (4)--

(i) by striking `Early Reading First program staff,'; and

(ii) by striking `early childhood development program' and inserting `early childhood education program'; and

(F) in paragraph (5), by striking `and entities carrying out Early Reading First programs'.

SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.

Section 1121 (20 U.S.C. 6331) is amended to read as follows:

`SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.

`(a) Reservation of Funds- Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 1002(a), the Secretary shall--

`(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and

`(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).

`(b) Assistance to Outlying Areas-

`(1) FUNDS RESERVED- From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall--

`(A) first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public Law 95-134, permitting the consolidation of grants, shall not apply; and

`(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).

`(2) AMOUNT OF GRANTS- The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce.

`(3) HOLD-HARMLESS AMOUNTS- For each fiscal year, the amount made available to each outlying area under this subsection shall be--

`(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;

`(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and

`(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.

`(4) RATABLE REDUCTIONS- If the amount made available under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts.

`(5) USES- Grant funds awarded under paragraph (1)(A) may be used only--

`(A) for programs described in this Act, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and

`(B) to provide direct educational services that assist all students with meeting the challenging State academic standards.

`(c) Definitions- For the purpose of this section, the term `outlying area' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

`(d) Allotment to the Secretary of the Interior-

`(1) IN GENERAL- The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of--

`(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and

`(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.

`(2) PAYMENTS- From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of--

`(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or

`(B) 48 percent of such expenditure in the United States.

`(e) Limitation on Applicability- If, by reason of the application of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in effect on the day before the date of enactment of the Every Student Succeeds Act.'.

SEC. 1015. ALLOCATIONS TO STATES.

Section 1122(a) (20 U.S.C. 6332(a)) is amended--

(1) in the matter preceding paragraph (1), by striking `2002-2007' and inserting `2017-2020'; and

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

`(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A.'.

SEC. 1016. ADEQUACY OF FUNDING RULE.

Section 1125AA (20 U.S.C. 6336) is amended by striking the section heading and all that follows through `Pursuant' and inserting the following: `Adequacy of Funding to Local Educational Agencies in Fiscal Years After Fiscal Year 2001- Pursuant'.

SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

Section 1125A (20 U.S.C. 6337) is amended--

(1) in subsection (a), by striking `funds appropriated under subsection (f)' and inserting `funds made available under section 1122(a)';

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

(A) in subparagraph (A), by striking `appropriated pursuant to subsection (f)' and inserting `made available for any fiscal year to carry out this section'; and

(B) in subparagraph (B)(i), by striking `total appropriations' and inserting `the total amount reserved under section 1122(a) to carry out this section';

(3) in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;

(4) in subsection (d)(1)(A)(ii), by striking `clause `(i)' and inserting `clause (i)';

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

`(e) Maintenance of Effort-

`(1) IN GENERAL- A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).

`(2) REDUCTION IN CASE OF FAILURE TO MEET-

`(A) IN GENERAL- The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

`(B) SPECIAL RULE- No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

`(3) WAIVER- The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to--

`(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or

`(B) a precipitous decline in the financial resources of the State.';

(6) by striking subsection (f);

(7) by redesignating subsection (g) as subsection (f); and

(8) in subsection (f), as redesignated by paragraph (7)--

(A) in paragraph (1), by striking `under this section' and inserting `to carry out this section'; and

(B) in paragraph (3), in the matter preceding subparagraph (A), by striking `shall be' and inserting `shall be--'.

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