Signed Legislation: Every Student Succeeds Act (Part 5)

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 D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.

Part D of title I (20 U.S.C. 6421 et seq.) is amended--

(1) in section 1401(a)--

(A) in paragraph (1)--

(i) by inserting `, tribal,' after `youth in local'; and

(ii) by striking `challenging State academic content standards and challenging State student academic achievement standards' and inserting `challenging State academic standards'; and

(B) in paragraph (3), by inserting `and the involvement of their families and communities' after `to ensure their continued education';

(2) in section 1412(b), by striking paragraph (2) and inserting the following:

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

(3) in section 1414--

(A) in subsection (a)--

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(i) in paragraph (1)(B), by striking `from correctional facilities to locally operated programs' and inserting `between correctional facilities and locally operated programs'; and

(ii) in paragraph (2)--

(I) in subparagraph (A)--

(aa) by striking `the program goals, objectives, and performance measures established by the State' and inserting `the program objectives and outcomes established by the State'; and

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

(II) in subparagraph (B), by striking `and' after the semicolon;

(III) by redesignating subparagraph (C) as subparagraph (D);

(IV) by inserting after subparagraph (B) the following:

`(C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;';

(V) in subparagraph (D), as redesignated by subclause (III)--

(aa) in clause (i), by inserting `and' after the semicolon;

(bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); and

(cc) by striking clause (iv); and

(VI) by adding at the end the following:

`(E) provide assurances that the State educational agency has established--

`(i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and

`(ii) opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and technical education programming.'; and

(B) in subsection (c)--

(i) in paragraph (1), by inserting `and, to the extent practicable, provide for such assessment upon entry into a correctional facility' after `to be served under this subpart';

(ii) in paragraph (6)--

(I) by striking `carry out the evaluation requirements of section 9601 and how' and inserting `use';

(II) by inserting `under section 8601' after `recent evaluation'; and

(III) by striking `will be used';

(iii) in paragraph (7), by striking `section 9521' and inserting `section 8521';

(iv) paragraph (8)--

(I) by striking `Public Law 105-220' and inserting `the Workforce Innovation and Opportunity Act'; and

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

(v) in paragraph (9)--

(I) by inserting `and after' after `prior to'; and

(II) by inserting `in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program' after `the local educational agency or alternative education program';

(vi) in paragraph (11), by striking `transition of children and youth from such facility or institution to' and inserting `transition of such children and youth between such facility or institution and';

(vii) in paragraph (16)--

(I) by inserting `and attain a regular high school diploma' after `to encourage the children and youth to reenter school'; and

(II) by striking `achieve a secondary school diploma' and inserting `attain a regular high school diploma';

(viii) in paragraph (17), by inserting `certified or licensed' after `provides an assurance that';

(ix) in paragraph (18), by striking `and' after the semicolon;

(x) in paragraph (19), by striking the period at the end and inserting `; and'; and

(xi) by adding at the end the following:

`(20) describes how the State agency will, to the extent feasible--

`(A) note when a youth has come into contact with both the child welfare and juvenile justice systems; and

`(B) deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably available).';

(4) in section 1415--

(A) in subsection (a)--

(i) in paragraph (1)(B), by striking `vocational or technical training' and inserting `career and technical education'; and

(ii) in paragraph (2)--

(I) by striking subparagraph (A) and inserting the following:

`(A) may include--

`(i) the acquisition of equipment;

`(ii) pay-for-success initiatives; or

`(iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;';

(II) in subparagraph (B)--

(aa) in clause (i), by striking `the State's challenging academic content standards and student academic achievement standards' and inserting `the challenging State academic standards';

(bb) in clause (ii), by striking `supplement and improve' and inserting `respond to the educational needs of such children and youth, including by supplementing and improving'; and

(cc) in clause (iii)--

(AA) by striking `challenging State academic achievement standards' and inserting `challenging State academic standards'; and

(BB) by inserting `and' after the semicolon;

(III) in subparagraph (C)--

(aa) by striking `section 1120A and part I' and inserting `section 1118 and part F'; and

(bb) by striking `; and' and inserting a period; and

(IV) by striking subparagraph (D); and

(B) in subsection (b), by striking `section 1120A' and inserting `section 1118';

(5) in section 1416--

(A) in paragraph (3)--

(i) by striking `challenging State academic content standards and student academic achievement standards' and inserting `challenging State academic standards'; and

(ii) by striking `complete secondary school, attain a secondary diploma' and inserting `attain a regular high school diploma';

(B) in paragraph (4)--

(i) by striking `pupil' and inserting `specialized instructional support'; and

(ii) by inserting `, and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the State agency' after `children and youth described in paragraph (1)'; and

(C) in paragraph (6), by striking `student progress' and inserting `and improve student achievement';

(6) in section 1418(a)--

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

`(1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or'; and

(B) in paragraph (2)--

(i) by striking `vocational' each place the term appears and inserting `career'; and

(ii) in the matter preceding subparagraph (A), by striking `secondary' and inserting `regular high';

(7) in section 1419--

(A) by striking the section heading and inserting `technical assistance'; and

(B) by striking `for a fiscal year' and all that follows through `to provide' and inserting `for a fiscal year to provide';

(8) in section 1421(3), by inserting `, including schools operated or funded by the Bureau of Indian Education,' after `local schools';

(9) in section 1422(d), by striking `impact on meeting the transitional' and inserting `impact on meeting such transitional';

(10) in section 1423--

(A) in paragraph (2)(B), by inserting `, including such facilities operated by the Secretary of the Interior and Indian tribes' after `the juvenile justice system';

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

`(4) a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;';

(C) in paragraph (7)--

(i) by inserting `institutions of higher education or' after `partnerships with'; and

(ii) by striking `develop training, curriculum-based youth entrepreneurship education' and inserting `facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming';

(D) in paragraph (8), by inserting `and family members' after `will involve parents';

(E) in paragraph (9), by striking `vocational' and inserting `career'; and

(F) in paragraph (13), by striking `regular' and inserting `traditional';

(11) in section 1424--

(A) in the matter before paragraph (1), by striking `Funds provided' and inserting the following:

`(a) In General- Funds provided';

(B) in paragraph (2), by striking `, including' and all that follows through `gang members';

(C) in paragraph (4)--

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

(ii) by striking `and' after the semicolon; and

(D) in paragraph (5), by striking the period at the end and inserting a semicolon;

(E) by inserting the following after paragraph (5):

`(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and

`(7) pay for success initiatives.'; and

(F) by inserting after paragraph (7) the following:

`(b) Contracts and Grants- A local educational agency may use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements.';

(12) in section 1425--

(A) in paragraph (4)--

(i) by inserting `and attain a regular high school diploma' after `reenter school'; and

(ii) by striking `a secondary school diploma' and inserting `a regular high school diploma';

(B) in paragraph (6), by striking `high academic achievement standards' and inserting `the challenging State academic standards';

(C) in paragraph (9), by striking `vocational' and inserting `career';

(D) in paragraph (10), by striking `and' after the semicolon;

(E) in paragraph (11), by striking the period at the end and inserting a semicolon; and

(F) by adding at the end the following:

`(12) upon the child's or youth's entry into the correctional facility, work with the child's or youth's family members and the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and

`(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child's or youth's achievement.';

(13) in section 1426--

(A) in paragraph (1), by striking `reducing dropout rates for male students and for female students over a 3-year period' and inserting `the number of children and youth attaining a regular high school diploma or its recognized equivalent'; and

(B) in paragraph (2)--

(i) by striking `obtaining a secondary school diploma' and inserting `attaining a regular high school diploma'; and

(ii) by striking `obtaining employment' and inserting `attaining employment';

(14) in section 1431(a)--

(A) in the matter preceding paragraph (1), by inserting `while protecting individual student privacy,' after `age';

(B) striking `secondary' each place the term appears and inserting `high';

(C) in paragraph (1), by inserting `and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable' after `educational achievement'; and

(D) in paragraph (3), by inserting `or school operated or funded by the Bureau of Indian Education' after `local educational agency'; and

(15) in section 1432(2)--

(A) by inserting `dependency adjudication, or delinquency adjudication,' after `failure,';

(B) by striking `has limited English proficiency' and inserting `is an English learner'; and

(C) by inserting `or child welfare system' after `juvenile justice system'.

PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

(a) Reorganization- Title I (20 U.S.C. 6571 et seq.), as amended by this title, is further amended--

(1) by striking parts E through H;

(2) by redesignating part I as part F;

(3) by striking sections 1907 and 1908;

(4) by redesignating sections 1901 through 1903 as sections 1601 through 1603, respectively; and

(5) by redesignating sections 1905 and 1906 as sections 1604 and 1605, respectively.

(b) In General- Title I (20 U.S.C. 6571 et seq.), as amended by this title, is further amended by inserting after section 1432 the following:

`PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

`SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

`(a) Purpose- The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.

`(b) Authority-

`(1) IN GENERAL- The Secretary is authorized to enter into local flexibility demonstration agreements--

`(A) for not more than 3 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and

`(B) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.

`(2) FLEXIBILITY- Except as described in subsection (d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, any provision of this Act that would otherwise prevent such agency from using eligible Federal funds as part of such agreement.

`(c) Selection of Local Educational Agencies-

`(1) IN GENERAL- The Secretary may enter into local flexibility demonstration agreements with not more than 50 local educational agencies with an approved application under subsection (d).

`(2) SELECTION- Each local educational agency shall be selected based on such agency--

`(A) submitting a proposed local flexibility demonstration agreement under subsection (d);

`(B) demonstrating that the agreement meets the requirements of such subsection; and

`(C) agreeing to meet the continued demonstration requirements under subsection (e).

`(3) EXPANSION- Beginning with the 2019-2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018-2019 academic year.

`(d) Required Terms of Local Flexibility Demonstration Agreement-

`(1) APPLICATION- Each local educational agency that desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The application shall include--

`(A) a description of the school funding system based on weighted per-pupil allocations, including--

`(i) the weights used to allocate funds within such system;

`(ii) the local educational agency's legal authority to use State and local education funds consistent with this section;

`(iii) how such system will meet the requirements of paragraph (2); and

`(iv) how such system will support the academic achievement of students, including low-income students, the lowest-achieving students, English learners, and children with disabilities;

`(B) a list of funding sources, including eligible Federal funds, the local educational agency will include in such system;

`(C) a description of the amount and percentage of total local educational agency funding, including State and local education funds and eligible Federal funds, that will be allocated through such system;

`(D) the per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year;

`(E) the per-pupil amount of eligible Federal funds each school served by the agency received in the preceding fiscal year, disaggregated by the programs supported by the eligible Federal funds;

`(F) a description of how such system will ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by such funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable;

`(G) an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders (including charter school leaders in a local educational agency that has charter schools), administrators of Federal programs impacted by the agreement, parents, community leaders, and other relevant stakeholders;

`(H) an assurance that the local educational agency will use fiscal control and sound accounting procedures that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system;

`(I) an assurance that the local educational agency will continue to meet the requirements of sections 1117, 1118, and 8501; and

`(J) an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement.

`(2) REQUIREMENTS OF THE SYSTEM-

`(A) IN GENERAL- A local educational agency's school funding system based on weighted per-pupil allocations shall--

`(i) except as allowed under clause (iv), allocate a significant portion of funds, including State and local education funds and eligible Federal funds, to the school level based on the number of students in a school and a formula developed by the agency under this section that determines per-pupil weighted amounts;

`(ii) use weights or allocation amounts that allocate substantially more funding to English learners, students from low-income families, and students with any other characteristics associated with educational disadvantage chosen by the local educational agency, than to other students;

`(iii) ensure that each high-poverty school receives, in the first year of the demonstration agreement--

`(I) more per-pupil funding, including from Federal, State, and local sources, for low-income students than such funding received for low-income students in the year prior to entering into a demonstration agreement under this section; and

`(II) at least as much per-pupil funding, including from Federal, State, and local sources, for English learners as such funding received for English learners in the year prior to entering into a demonstration agreement under this section;

`(iv) be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local educational agency's State and local education funds and eligible Federal funds; and

`(v) include all school-level actual personnel expenditures for instructional staff (including staff salary differentials for years of employment) and actual nonpersonnel expenditures in the calculation of the local educational agency's State and local education funds and eligible Federal funds to be allocated under clause (i).

`(B) PERCENTAGE- In establishing the percentage described in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percentage--

`(i) under such subparagraph is sufficient to carry out the purposes of the demonstration agreement under this section and to meet each of the requirements of this subsection; and

`(ii) of State and local education funds and eligible Federal funds that are not allocated through the local educational agency's school funding system based on weighted per-pupil allocations, does not undermine or conflict with the requirements of the demonstration agreement under this section.

`(C) EXPENDITURES- After allocating funds through the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures.

`(e) Continued Demonstration- Each local educational agency with an approved application under subsection (d) shall annually--

`(1) demonstrate to the Secretary that, as compared to the previous year, no high-poverty school served by the agency received--

`(A) less per-pupil funding, including from Federal, State, and local sources, for low-income students; or

`(B) less per-pupil funding, including from Federal, State, and local sources, for English learners;

`(2) make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State and local education funds and eligible Federal funds for each school served by the agency, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year;

`(3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); and

`(4) notwithstanding paragraph (1), (2), or (3), ensure that any information to be reported or made public under this subsection is only reported or made public if such information does not reveal personally identifiable information.

`(f) Limitations on Administrative Expenditures- Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal funds that is not more than the percentage of funds allowed for such purposes under any of the following:

`(1) This title.

`(2) Title II.

`(3) Title III.

`(4) Part A of title IV.

`(5) Part B of title V.

`(g) Peer Review- The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement.

`(h) Noncompliance- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e).

`(i) Evidence- If a local educational agency believes that the Secretary's determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final determination.

`(j) Program Evaluation- From the amount reserved for evaluation activities under section 8601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate--

`(1) the implementation of the local flexibility demonstration agreements under this section; and

`(2) the impact of such agreements on improving the equitable distribution of State and local funding and increasing student achievement.

`(k) Renewal of Local Flexibility Demonstration Agreement- The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if--

`(1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to, and has a high likelihood of, continuing to meet such requirements; and

`(2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students served under this title and title III.

`(l) Definitions- In this section:

`(1) ELIGIBLE FEDERAL FUNDS- The term `eligible Federal funds' means funds received by a local educational agency under--

`(A) this title;

`(B) title II;

`(C) title III;

`(D) part A of title IV; and

`(E) part B of title V.

`(2) HIGH-POVERTY SCHOOL- The term `high-poverty school' means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families.'.

PART F--GENERAL PROVISIONS

SEC. 1601. GENERAL PROVISIONS.

(a) Federal Regulations- Section 1601 (20 U.S.C. 6571), as redesignated by section 1501(a)(4) of this Act, is amended--

(1) in subsection (a), by inserting `, in accordance with subsections (b) through (d) and subject to section 1111(e),' after `may issue';

(2) in subsection (b)--

(A) in paragraph (1), by inserting `principals, other school leaders (including charter school leaders),' after `teachers,';

(B) in paragraph (2), by adding at the end the following: `Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.';

(C) in paragraph (3)(A), by striking `standards and assessments' and inserting `standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds';

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

`(4) PROCESS- Such process--

`(A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and

`(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the `Negotiated Rulemaking Act of 1990').'; and

(E) by striking paragraph (5);

(3) by redesignating subsection (c) as subsection (d);

(4) by inserting after subsection (b) the following:

`(c) Alternative Process for Certain Exceptions- If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:

`(1) NOTICE TO CONGRESS- Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary's intent to issue a notice of proposed rulemaking that shall include--

`(A) a copy of the proposed regulation;

`(B) the need to issue the regulation;

`(C) the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

`(D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

`(E) any regulations that will be repealed when the new regulation is issued.

`(2) COMMENT PERIOD FOR CONGRESS- The Secretary shall--

`(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and

`(B) include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register.

`(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUATIONS- The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall--

`(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);

`(B) publish the length of the comment and review period in such notice and in the Federal Register; and

`(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.';

(5) in subsection (d), as redesignated by paragraph (3), by striking `Regulations to carry out this part' and inserting `Regulations to carry out this title'; and

(6) by inserting after subsection (d), as redesignated by paragraph (3), the following:

`(e) Rule of Construction- Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act') or chapter 8 of title 5, United States Code (commonly known as the `Congressional Review Act').'.

(b) Agreements and Records- Subsection (a) of section 1602 (20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is amended to read as follows:

`(a) Agreements- In any case in which a negotiated rulemaking process is established under section 1601(b), all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1601 unless the Secretary reopens the negotiated rulemaking process.'.

(c) State Administration- Section 1603 (20 U.S.C. 6573), as redesignated by section 1501(a)(4) of this Act, is further amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) in subparagraph (C), by striking `and' after the semicolon;

(ii) in subparagraph (D), by striking the period and inserting `; and'; and

(iii) by adding at the end the following:

`(E)(i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and

`(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.'; and

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

(2) in subsection (b)(2), by striking subparagraphs (C) through (G) and inserting the following:

`(C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators;

`(D) principals and other school leaders;

`(E) parents;

`(F) members of local school boards;

`(G) representatives of private school children;

`(H) specialized instructional support personnel and paraprofessionals;

`(I) representatives of authorized public chartering agencies (if there are charter schools in the State); and

`(J) charter school leaders (if there are charter schools in the State).'.

TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS

SEC. 2001. GENERAL PROVISIONS.

(a) Title II Transfers and Related Amendments-

(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by striking the matter following paragraph (2) and inserting the following:

`(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.'.

(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is amended, by striking the subpart designation and heading and inserting the following:

`Subpart 4--Internet Safety'.

(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.) (as amended by paragraph (1) of this subsection) is--

(A) transferred to title IX;

(B) inserted so as to appear after subpart 2 of part E of such title;

(C) redesignated as subpart 3 of such part; and

(D) further amended by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively.

(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) (as amended by paragraph (2) of this subsection) is--

(A) transferred to title IV;

(B) inserted so as to appear after subpart 4 of part A of such title;

(C) redesignated as subpart 5 of such part; and

(D) further amended by redesignating section 2441 as section 4161.

SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.

The Act (20 U.S.C. 6301 et seq.) is amended by striking title II and inserting the following:

`TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS

`SEC. 2001. PURPOSE.

`The purpose of this title is to provide grants to State educational agencies and subgrants to local educational agencies to--

`(1) increase student achievement consistent with the challenging State academic standards;

`(2) improve the quality and effectiveness of teachers, principals, and other school leaders;

`(3) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and

`(4) provide low-income and minority students greater access to effective teachers, principals, and other school leaders.

`SEC. 2002. DEFINITIONS.

`In this title:

`(1) SCHOOL LEADER RESIDENCY PROGRAM- The term `school leader residency program' means a school-based principal or other school leader preparation program in which a prospective principal or other school leader--

`(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and

`(B) during that academic year--

`(i) participates in evidence-based coursework, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and

`(ii) receives ongoing support from a mentor principal or other school leader, who is effective.

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

`(3) STATE AUTHORIZER- The term `State authorizer' means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation academies within the State that--

`(A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in paragraph (4)(A)(i);

`(B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and

`(C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals or other school leaders, respectively (as determined by the State), identified in the academy's authorizing agreement.

`(4) TEACHER, PRINCIPAL, OR OTHER SCHOOL LEADER PREPARATION ACADEMY- The term `teacher, principal, or other school leader preparation academy' means a public or other nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high-needs schools, and that--

`(A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including--

`(i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the State, respectively, with a demonstrated record of increasing student academic achievement, including for the subgroups of students defined in section 1111(c)(2), while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher, principal, or other school leader will become certified or licensed that links to the clinical preparation experience;

`(ii) the number of effective teachers, principals, or other school leaders, respectively, who will demonstrate success in increasing student academic achievement that the academy will prepare; and

`(iii) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a teacher only after the teacher demonstrates that the teacher is an effective teacher, as determined by the State, with a demonstrated record of increasing student academic achievement either as a student teacher or teacher-of-record on an alternative certificate, license, or credential;

`(iv) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a principal or other school leader only after the principal or other school leader demonstrates a record of success in improving student performance; and

`(v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy;

`(B) does not have unnecessary restrictions on the methods the academy will use to train prospective teacher, principal, or other school leader candidates, including--

`(i) obligating (or prohibiting) the academy's faculty to hold advanced degrees or conduct academic research;

`(ii) restrictions related to the academy's physical infrastructure;

`(iii) restrictions related to the number of course credits required as part of the program of study;

`(iv) restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or

`(v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy;

`(C) limits admission to its program to prospective teacher, principal, or other school leader candidates who demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that reviews a candidate's prior academic achievement or record of professional accomplishment; and

`(D) results in a certificate of completion or degree that the State may, after reviewing the academy's results in producing effective teachers, or principals, or other school leaders, respectively (as determined by the State) recognize as at least the equivalent of a master's degree in education for the purposes of hiring, retention, compensation, and promotion in the State.

`(5) TEACHER RESIDENCY PROGRAM- The term `teacher residency program' means a school-based teacher preparation program in which a prospective teacher--

`(A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom;

`(B) receives concurrent instruction during the year described in subparagraph (A)--

`(i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and

`(ii) in the teaching of the content area in which the teacher will become certified or licensed; and

`(C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment.

`SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

`(a) Grants to States and Local Educational Agencies- For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through 2020.

`(b) National Activities- For the purpose of carrying out part B, there are authorized to be appropriated--

`(1) $468,880,575 for each of fiscal years 2017 and 2018;

`(2) $469,168,000 for fiscal year 2019; and

`(3) $489,168,000 for fiscal year 2020.

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