Signed Legislation: Every Student Succeeds Act (Part 4)

The Every Student Succeeds Act has been posted in 14 parts

Links to each post: 1 2 3 4 5 6 7 8 9 10 11 12 13 14

PART B--STATE ASSESSMENT GRANTS

SEC. 1201. STATE ASSESSMENT GRANTS.

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:
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`PART B--STATE ASSESSMENT GRANTS

`SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

`(a) Grants Authorized- From amounts made available in accordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following:

`(1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.

`(2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following:

`(A) Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.

`(B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).

`(C) Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to meet the State's obligations under section 1111(b)(2)(F).

`(D) Ensuring the continued validity and reliability of State assessments.

`(E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.

`(F) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.

`(G) At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments.

`(H) Developing or improving models to measure and assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

`(I) Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of universal design for learning.

`(K) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.

`(L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned competencies in a competency-based education model.

`(M) Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation--

`(i) does not reveal personally identifiable information about an individual student; and

`(ii) is derived from existing State and local reporting requirements.

`(b) Rule of Construction- Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this Act.

`(c) Annual Report- Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State's activities under the grant and the result of such activities.

`SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.

`(a) In General- From the amount reserved under section 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to--

`(1) in the case of a grant awarded under this section to a State for the first time--

`(A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);

`(B) execute the State plan under subsection (e)(3)(D); and

`(C) award subgrants under subsection (f); and

`(2) in the case of a grant awarded under this section to a State that has previously received a grant under this section--

`(A) execute the State plan under subsection (e)(3)(D); and

`(B) award subgrants under subsection (f).

`(b) Minimum Amount- Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000.

`(c) Reallocation- If a State chooses not to apply for a grant under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 1203(a)(4)(B).

`(d) Application- A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of--

`(1) in the case of a State that is receiving a grant under this section for the first time--

`(A) the audit the State will carry out under subsection (e)(1); and

`(B) the stakeholder feedback the State will seek in designing such audit;

`(2) in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and

`(3) how the State will award subgrants to local educational agencies under subsection (f).

`(e) Audits of State Assessment Systems and Local Assessments-

`(1) AUDIT REQUIREMENTS- Not later than 1 year after the date a State receives an initial grant under this section, the State shall--

`(A) conduct a State assessment system audit as described in paragraph (3);

`(B) ensure that each local educational agency receiving funds under this section--

`(i) conducts an audit of local assessments administered by the local educational agency as described in paragraph (4); and

`(ii) submits the results of such audit to the State; and

`(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.

`(2) RESOURCES FOR LOCAL EDUCATIONAL AGENCIES- In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results.

`(3) STATE ASSESSMENT SYSTEM DESCRIPTION- Each State assessment system audit conducted under paragraph (1)(A) shall include--

`(A) the schedule for the administration of all State assessments;

`(B) for each State assessment--

`(i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and

`(ii) the legal authority for the administration of the assessment;

`(C) feedback on such system from stakeholders, which shall include information such as--

`(i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction;

`(ii) the timing of release of assessment data;

`(iii) the extent to which assessment data is presented in an accessible and understandable format for all stakeholders;

`(iv) the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effective use of assessment data;

`(v) the distribution of technological resources and personnel necessary to administer assessments;

`(vi) the amount of time teachers spend on assessment preparation and administration;

`(vii) the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and

`(viii) other information as appropriate; and

`(D) a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as--

`(i) eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts;

`(ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and

`(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agencies.

`(4) LOCAL ASSESSMENT DESCRIPTION- An audit of local assessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments.

`(f) Subgrants to Local Educational Agencies-

`(1) IN GENERAL- Each State shall reserve not less than 20 percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency's or consortium's application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards.

`(2) LOCAL EDUCATIONAL AGENCY APPLICATION- Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the State. The application shall include a description of the agency's or consortium's needs relating to the improvement of assessment quality, use, and alignment.

`(3) USE OF FUNDS- A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to--

`(A) conduct an audit of local assessments under subsection (e)(1)(B)(i);

`(B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;

`(C) improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate;

`(D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;

`(E) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and

`(F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners.

`(g) Definitions- In this section:

`(1) LOCAL ASSESSMENT- The term `local assessment' means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 1111(b)(2).

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

`SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS.

`(a) Amounts Equal to or Less Than Trigger Amount- From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(I), the Secretary shall--

`(1) reserve one-half of 1 percent for the Bureau of Indian Education;

`(2) reserve one-half of 1 percent for the outlying areas;

`(3) reserve not more than 20 percent to carry out section 1202; and

`(4) from the remainder, carry out section 1201 by allocating to each State an amount equal to--

`(A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and

`(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

`(b) Amounts Above Trigger Amount- For any fiscal year for which the amount made available for a fiscal year under subsection 1002(b) exceeds the amount described in section 1111(b)(2)(I), the Secretary shall make such excess amount available as follows:

`(1) COMPETITIVE GRANTS-

`(A) IN GENERAL- The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2).

`(B) APPLICATIONS- A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).

`(C) AMOUNT OF COMPETITIVE GRANTS- In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium's grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

`(2) ALLOTMENTS- Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

`(c) State Defined- In this part, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

`(d) Prohibition- In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 8529.

`SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION AUTHORITY.

`(a) Innovative Assessment System Defined- The term `innovative assessment system' means a system of assessments that may include--

`(1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and

`(2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.

`(b) Demonstration Authority-

`(1) IN GENERAL- The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section as `demonstration authority').

`(2) DEMONSTRATION PERIOD- In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which the State educational agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years.

`(3) INITIAL DEMONSTRATION AUTHORITY AND EXPANSION- During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority (referred to in this section as the `initial demonstration period') the Secretary shall provide such demonstration authority to--

`(A) a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under subsection (e); and

`(B) consortia that include not more than 4 State educational agencies.

`(c) Progress Report-

`(1) IN GENERAL- Not later than 180 days after the end of the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section.

`(2) CRITERIA- The progress report under paragraph (1) shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine the extent to which--

`(A) with respect to each innovative assessment system--

`(i) the State educational agency has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system;

`(ii) teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and

`(iii) substantial evidence exists demonstrating that the innovative assessment system has been developed in accordance with the requirements of subsection (e); and

`(B) each State with demonstration authority has demonstrated that--

`(i) the same innovative assessment system was used to measure the achievement of all students that participated in the innovative assessment system; and

`(ii) of the total number of all students, and the total number of each of the subgroups of students defined in section 1111(c)(2), eligible to participate in the innovative assessment system in a given year, the State assessed in that year an equal or greater percentage of such eligible students, as measured under section 1111(c)(4)(E), as were assessed in the State in such year using the assessment system under section 1111(b)(2).

`(3) USE OF REPORT- Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used--

`(A) to support State educational agencies with demonstration authority through technical assistance; and

`(B) to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subsection (d).

`(4) PUBLICLY AVAILABLE- The Secretary shall make the progress report under this subsection and the response described in paragraph (3) publicly available on the website of the Department.

`(5) PROHIBITION- The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the State is already required to provide under subsection (e)(2)(B)(x).

`(d) Expansion of the Demonstration Authority- Upon completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section.

`(e) Application-

`(1) IN GENERAL- A State educational agency, or consortium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.

`(2) CONTENTS- Such application shall include a description of the innovative assessment system, the experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following:

`(A) A demonstration that the innovative assessment system will--

`(i) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section;

`(ii) be aligned to the challenging State academic standards and address the depth and breadth of such standards;

`(iii) express student results or student competencies in terms consistent with the State's aligned academic achievement standards under section 1111(b)(1);

`(iv) generate results that are valid and reliable, and comparable, for all students and for each subgroup of students described in section 1111(b)(2)(B)(xi), as compared to the results for such students on the State assessments under section 1111(b)(2);

`(v) be developed in collaboration with--

`(I) stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children;

`(II) teachers, principals, and other school leaders;

`(III) local educational agencies;

`(IV) parents; and

`(V) civil rights organizations in the State;

`(vi) be accessible to all students, such as by incorporating the principles of universal design for learning;

`(vii) provide teachers, principals, other school leaders, students, and parents with timely data, disaggregated by each subgroup of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports;

`(viii) identify which students are not making progress toward the challenging State academic standards so that teachers can provide instructional support and targeted interventions to all students;

`(ix) annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in section 1111(c)(2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as measured under section 1111(c)(4)(E), as were assessed by schools administering the assessment under section 1111(b)(2);

`(x) generate an annual, summative achievement determination, based on the aligned State academic achievement standards under section 1111(b)(1) and based on annual data, for each individual student; and

`(xi) allow the State educational agency to validly and reliably aggregate data from the innovative assessment system for purposes of--

`(I) accountability, consistent with the requirements of section 1111(c); and

`(II) reporting, consistent with the requirements of section 1111(h).

`(B) A description of how the State educational agency will--

`(i) continue use of the statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration authority period;

`(ii) identify the distinct purposes for each assessment that is part of the innovative assessment system;

`(iii) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection;

`(iv) inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented;

`(v) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability;

`(vi) acclimate students to the innovative assessment system;

`(vii) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D);

`(viii) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide, or with additional local educational agencies, in the State's proposed demonstration authority period;

`(ix) gather data, solicit regular feedback from teachers, principals, other school leaders, and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and

`(x) report data from the innovative assessment system annually to the Secretary, including--

`(I) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State's demonstration authority period or 2-year extension, except that such data shall not reveal any personally identifiable information, including a description of how the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the demonstration authority period;

`(II) the performance of all participating students, and for each subgroup of students defined in section 1111(c)(2), on the innovative assessment, consistent with the requirements in section 1111(h), except that such data shall not reveal any personally identifiable information;

`(III) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

`(IV) if such system is not statewide, a description of the State's progress in scaling up the innovative assessment system to additional local educational agencies during the State's demonstration authority period, as described in clause (viii).

`(C) A description of the State educational agency's plan to--

`(i) ensure that all students and each of the subgroups of students defined in section 1111(c)(2) participating in the innovative assessment system receive the instructional support needed to meet State aligned academic achievement standards;

`(ii) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and

`(iii) hold all schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State's expectations for student achievement.

`(D) If the innovative assessment system will initially be administered in a subset of local educational agencies--

`(i) a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration authority period;

`(ii) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection;

`(iii) a description of how the State will--

`(I) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies during the demonstration authority period; and

`(II) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of the State's demonstration authority period; and

`(iv) a description of the State educational agency's plan to hold all students and each of the subgroups of students, as defined in section 1111(c)(2), to the same high standard as other students in the State.

`(f) Peer Review- The Secretary shall--

`(1) implement a peer-review process to inform--

`(A) the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and

`(B) determinations about whether an innovative assessment system--

`(i) is comparable to the State assessments under section 1111(b)(2)(B)(v), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and

`(ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students;

`(2) ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating students, including--

`(A) individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and

`(B) individuals with experience implementing innovative assessment and accountability systems;

`(3) make publicly available the applications submitted under subsection (c) and the peer-review comments and recommendations regarding such applications;

`(4) make a determination and inform the State regarding approval or disapproval of the application under subsection (c) not later than 90 days after receipt of the complete application;

`(5) if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to--

`(A) revise and resubmit such application within 60 days of the disapproval determination; and

`(B) submit additional evidence that the State's application meets the requirements of subsection (c); and

`(6) make a determination regarding application approval or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted application.

`(g) Extension- The Secretary may extend an authorization of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency's innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period.

`(h) Use of Innovative Assessment System- A State may, during the State's approved demonstration authority period or 2-year extension, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 1111(c).

`(i) Withdrawal of Authority- The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 1111(b)(2) for all local educational agencies in the State if, at any time during a State's approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section--

`(1) meets the requirements under subsection (c);

`(2) includes all students attending schools participating in the innovative assessment system in a State that has demonstration authority, including each of the subgroups of students, as defined under section 1111(c)(2);

`(3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students, which are comparable to measures of academic achievement under section 1111(c)(4)(B)(i) across the State in which the local educational agencies are located;

`(4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the State's approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and

`(5) demonstrates comparability to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality.

`(j) Transition-

`(1) IN GENERAL-

`(A) OPERATION OF INNOVATIVE ASSESSMENT SYSTEM- If, after a State's approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111.

`(B) HIGH QUALITY- Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that--

`(i) the innovative assessment system meets all of the requirements of this section;

`(ii) the State has examined the effects of the system on other measures of student success, including indicators in the accountability system under section 1111(c)(4)(B);

`(iii) the innovative assessment system provides coherent and timely information about student achievement based on the challenging State academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards;

`(iv) the State has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

`(v) the State has demonstrated that the same innovative assessment system was used to measure--

`(I) the achievement of all students that participated in such innovative assessment system; and

`(II) not less than the percentage of such students overall and in each of the subgroups of students, as defined in section 1111(c)(2), as measured under section 1111(c)(4)(E), as were assessed under the assessment required by section 1111(b)(2).

`(2) BASELINE- For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system.

`(3) WAIVER AUTHORITY- A State may request, and the Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the State's approved demonstration authority period and 2-year extension--

`(A) the State has met all of the requirements of this section, except transition to full statewide use of the innovative assessment system; and

`(B) the State continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time.

`(k) Available Funds- A State may use funds available under section 1201 to carry out this section.

`(l) Consortium- A consortium of States may apply to participate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority.

`(m) Dissemination of Best Practices-

`(1) IN GENERAL- Following the publication of the progress report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of--

`(A) summative assessments that--

`(i) meet the requirements of section 1111(b)(2)(B);

`(ii) are comparable with statewide assessments under section 1111(b)(2); and

`(iii) include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging State academic standards;

`(B) effective supports for local educational agencies and school staff to implement innovative assessment systems;

`(C) effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development;

`(D) effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment system; and

`(E) standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State.

`(2) PUBLICATION- The Secretary shall make the information described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years.'.

PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.

(a) Program Purposes- Section 1301 (20 U.S.C. 6391) is amended to read as follows:

`SEC. 1301. PROGRAM PURPOSES.

`The purposes of this part are as follows:

`(1) To assist States in supporting high-quality and comprehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migratory children.

`(2) To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and challenging State academic standards.

`(3) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet.

`(4) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school.

`(5) To help migratory children benefit from State and local systemic reforms.'.

(b) State Allocations- Section 1303 (20 U.S.C. 6393) is amended--

(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(2) by striking subsections (a) and (b) and inserting the following:

`(a) State Allocations- Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of--

`(1) the sum of--

`(A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and

`(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by

`(2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.

`(b) Hold Harmless- Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State's allocation under this section for the preceding fiscal year.

`(c) Allocation to Puerto Rico-

`(1) IN GENERAL- For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of--

`(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and

`(B) 32 percent of the average per-pupil expenditure in the United States.

`(2) MINIMUM PERCENTAGE- The percentage described in paragraph (1)(A) shall not be less than 85 percent.

`(3) LIMITATION- If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year.';

(3) in subsection (d), as redesignated by paragraph (1)--

(A) in paragraph (1)--

(i) in subparagraph (A), by striking `(A) If, after' and inserting the following:

`(A) RATABLE REDUCTIONS- If, after'; and

(ii) in subparagraph (B)--

(I) by striking `(B) If additional' and inserting the following:

`(B) REALLOCATION- If additional'; and

(II) by striking `purpose' and inserting `purposes'; and

(B) in paragraph (2)--

(i) in subparagraph (A), by striking `(A) The Secretary' and inserting the following:

`(A) FURTHER REDUCTIONS- The Secretary'; and

(ii) in subparagraph (B), by striking `(B) The Secretary' and inserting the following:

`(B) REALLOCATION- The Secretary';

(4) in subsection (e)(3)(B), as redesignated by paragraph (1), by striking `welfare or educational attainment of children' and inserting `academic achievement of children';

(5) in subsection (f), as redesignated by paragraph (1)--

(A) in the matter preceding paragraph (1), by striking `estimated' and inserting `identified';

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

`(1) use the most recent information that most accurately reflects the actual number of migratory children;';

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

`(2) develop and implement a procedure for monitoring the accuracy of such information;';

(E) in paragraph (4), as redesignated by subparagraph (C)--

(i) in the matter preceding subparagraph (A), by striking `full-time equivalent'; and

(ii) in subparagraph (A)--

(I) by striking `special needs' and inserting `unique needs'; and

(II) by striking `special programs provided under this part' and inserting `effective special programs provided under this part'; and

(F) in paragraph (5), as redesignated by subparagraph (C), by striking `the child whose education has been interrupted' and inserting `migratory children, including the most at-risk migratory children'; and

(6) by adding at the end the following:

`(g) Nonparticipating States- In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State's number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection.'.

(1) in subsection (b)--

(A) in paragraph (1)--

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

(I) by striking `special educational needs' and inserting `unique educational needs'; and

(II) by inserting `and migratory children who have dropped out of school' after `preschool migratory children';

(ii) in subparagraph (B)--

(I) by striking `migrant children' and inserting `migratory children'; and

(II) by striking `part A or B of title III' and inserting `part A of title III'; and

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

`(D) measurable program objectives and outcomes;';

(B) in paragraph (2), by striking `challenging State academic content standards and challenging State student academic achievement standards' and inserting `challenging State academic standards';

(D) in paragraph (5), by inserting `and' after the semicolon;

(E) by striking paragraph (6);

(F) by redesignating paragraph (7) as paragraph (6); and

(G) in paragraph (6), as redesignated by subparagraph (F), by striking `who have parents who do not have a high school diploma' and inserting `whose parents do not have a high school diploma';

(2) in subsection (c)--

(A) in the matter preceding paragraph (1), by striking `, satisfactory to the Secretary,';

(B) in paragraph (2), by striking `subsections (b) and (c) of section 1120A, and part I' and inserting `subsections (b) and (c) of section 1118, and part F';

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

(I) by striking `parent advisory councils' and inserting `parents of migratory children, including parent advisory councils,'; and

(II) by striking `of 1 school year in duration' and inserting `not less than 1 school year in duration'; and

(ii) in subparagraph (A), by striking `section 1118' and inserting `section 1116';

(D) in paragraph (4), by inserting `and migratory children who have dropped out of school' after `preschool migratory children';

(E) by redesignating paragraph (7) as paragraph (8);

(F) by striking paragraph (6) and inserting the following:

`(6) such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services;

`(7) to the extent feasible, such programs and projects will provide for--

`(A) advocacy and other outreach activities for migratory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services;

`(B) professional development programs, including mentoring, for teachers and other program personnel;

`(C) family literacy programs;

`(D) the integration of information technology into educational and related programs; and

`(E) programs to facilitate the transition of secondary school students to postsecondary education or employment; and'; and

(G) in paragraph (8), as redesignated by subparagraph (E), by striking `paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require' and inserting `section 1303(a)(1)';

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

`(d) Priority for Services- In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who--

`(1) are failing, or most at risk of failing, to meet the challenging State academic standards; or

`(2) have dropped out of school.'; and

(4) in subsection (e)(3), by striking `secondary school students' and inserting `students'.

(d) Secretarial Approval; Peer Review- Section 1305 (20 U.S.C. 6395) is amended to read as follows:

`SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

`The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials with relevant expertise.'.

(e) Comprehensive Needs Assessment and Service-delivery Plan; Authorized Activities- Section 1306 (20 U.S.C. 6396) is amended--

(1) in subsection (a)(1)--

(A) in the matter preceding subparagraph (A), by striking `special' and inserting `unique';

(B) in subparagraph (B)--

(i) in the matter preceding clause (i), by striking `section 9302' and inserting `section 8302'; and

(ii) in clause (i), by striking `special' and inserting `unique';

(C) in subparagraph (C), by striking `challenging State academic content standards and challenging State student academic achievement standards' and inserting `challenging State academic standards'; and

(D) in subparagraph (F), by striking `part A or B of title III' and inserting `part A of title III'; and

(2) in subsection (b)--

(A) in paragraph (1), by striking `shall have the flexibility to' and inserting `retains the flexibility to'; and

(B) in paragraph (4), by striking `special educational' and inserting `unique educational'.

(f) Bypass- Section 1307 (20 U.S.C. 6397) is amended--

(1) in the matter preceding paragraph (1), by striking `nonprofit'; and

(2) in paragraph (3), by striking `welfare or educational attainment' and inserting `educational achievement'.

(g) Coordination of Migrant Education Activities- Section 1308 (20 U.S.C. 6398) is amended--

(1) in subsection (a)(1)--

(A) by striking `nonprofit';

(B) by inserting `through' after `including'; and

(2) in subsection (b)--

(A) in paragraph (1), by striking `developing effective methods for';

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) in the matter preceding clause (i), by striking `The Secretary, in consultation' and all that follows through `include--' and inserting the following: `The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such information may include--';

(II) in clause (ii), by striking `required under section 1111(b)' and inserting `under section 1111(b)(2)'; and

(III) in clause (iii), by striking `high standards' and inserting `the challenging State academic standards';

(ii) by redesignating subparagraph (B) as subparagraph (C);

(iii) by inserting after subparagraph (A) the following:

`(B) CONSULTATION- The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on--

`(i) the effectiveness of the system described in subparagraph (A); and

`(ii) the ongoing improvement of such system.'; and

(iv) in subparagraph (C), as redesignated by clause (ii)--

(I) by striking `the proposed data elements' and inserting `any new proposed data elements'; and

(II) by striking `Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001.'; and

(h) Definitions- Section 1309 (20 U.S.C. 6399) is amended--

(1) in paragraph (1)(B), by striking `nonprofit'; and

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

`(2) MIGRATORY AGRICULTURAL WORKER- The term `migratory agricultural worker' means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.

`(3) MIGRATORY CHILD- The term `migratory child' means a child or youth who made a qualifying move in the preceding 36 months--

`(A) as a migratory agricultural worker or a migratory fisher; or

`(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.

`(4) MIGRATORY FISHER- The term `migratory fisher' means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.

`(5) QUALIFYING MOVE- The term `qualifying move' means a move due to economic necessity--

`(A) from one residence to another residence; and

`(B) from one school district to another school district, except--

`(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or

`(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.'.

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Thursday, December 10