Signed Legislation: Every Student Succeeds Act (Part 7)

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--NATIONAL ACTIVITIES

`SEC. 2201. RESERVATIONS.

`From the amounts appropriated under section 2003(b) for a fiscal year, the Secretary shall reserve--

`(1) to carry out activities authorized under subpart 1--

`(A) 49.1 percent for each of fiscal years 2017 through 2019; and

`(B) 47 percent for fiscal year 2020;

`(2) to carry out activities authorized under subpart 2--

`(A) 34.1 percent for each of fiscal years 2017 through 2019; and

`(B) 36.8 percent for fiscal year 2020;

`(3) to carry out activities authorized under subpart 3, 1.4 percent for each of fiscal years 2017 through 2020; and

`(4) to carry out activities authorized under subpart 4--

`(A) 15.4 percent for each of fiscal years 2017 through 2019; and

`(B) 14.8 percent for fiscal year 2020.

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`Subpart 1--Teacher and School Leader Incentive Program

`SEC. 2211. PURPOSES; DEFINITIONS.

`(a) Purposes- The purposes of this subpart are--

`(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders (especially for teachers, principals, or other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and

`(2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems.

`(b) Definitions- In this subpart:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies;

`(B) a State educational agency or other State agency designated by the chief executive of a State to participate under this subpart;

`(C) the Bureau of Indian Education; or

`(D) a partnership consisting of--

`(i) 1 or more agencies described in subparagraph (A), (B), or (C); and

`(ii) at least 1 nonprofit or for-profit entity.

`(2) HIGH-NEED SCHOOL- The term `high-need school' means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more.

`(3) HUMAN CAPITAL MANAGEMENT SYSTEM- The term `human capital management system' means a system--

`(A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and

`(B) that includes a performance-based compensation system.

`(4) PERFORMANCE-BASED COMPENSATION SYSTEM- The term `performance-based compensation system' means a system of compensation for teachers, principals, or other school leaders--

`(A) that differentiates levels of compensation based in part on measurable increases in student academic achievement; and

`(B) which may include--

`(i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and

`(ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as demonstrated through--

`(I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and

`(II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills.

`SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.

`(a) Grants Authorized- From the amounts reserved by the Secretary under section 2201(1), the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity.

`(b) Duration of Grants-

`(2) RENEWAL- The Secretary may renew a grant awarded under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allowing the grantee to scale up or replicate the successful program.

`(3) LIMITATION- A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every Student Succeeds Act, only twice.

`(c) Applications- An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall include--

`(1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant;

`(2) a description of the most significant gaps or insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors;

`(3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant;

`(4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, or other school leader performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made;

`(5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request;

`(6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effectiveness of teachers, principals, or other school leaders in such schools;

`(7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for implementation of such activities;

`(8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends;

`(9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant after the end of the grant period;

`(10) a description of--

`(A) the rationale for the project;

`(B) how the proposed activities are evidence-based; and

`(C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and

`(11) a description of how activities funded under this subpart will be evaluated, monitored, and publically reported.

`(d) Award Basis-

`(1) PRIORITY- In awarding a grant under this subpart, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high-need schools.

`(2) EQUITABLE DISTRIBUTION- To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this subpart, including the distribution of such grants between rural and urban areas.

`(e) Use of Funds-

`(1) IN GENERAL- An eligible entity that receives a grant under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart.

`(2) AUTHORIZED ACTIVITIES- Grant funds under this subpart may be used for one or more of the following:

`(A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that--

`(i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on demonstrated improvement in student academic achievement; and

`(ii) provides teachers, principals, or other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness.

`(B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and support system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders.

`(C) Providing principals or other school leaders with--

`(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and

`(ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together.

`(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to--

`(i) teachers who--

`(I) teach in--

`(aa) high-need schools; or

`(bb) high-need subjects;

`(II) raise student academic achievement; or

`(III) take on additional leadership responsibilities; or

`(ii) principals or other school leaders who serve in high-need schools and raise student academic achievement in the schools.

`(E) Improving the local educational agency's system and process for the recruitment, selection, placement, and retention of effective teachers, principals, or other school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in--

`(i) attracting, hiring, and retaining effective educators;

`(ii) offering bonuses or higher salaries to effective educators; or

`(iii) establishing or strengthening school leader residency programs and teacher residency programs.

`(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders.

`(f) Matching Requirement- Each eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.

`(g) Supplement, Not Supplant- Grant funds provided under this subpart shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subpart.

`SEC. 2213. REPORTS.

`(a) Activities Summary- Each eligible entity receiving a grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant.

`(b) Report- The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this subpart, including--

`(1) information on eligible entities that received grant funds under this subpart, including--

`(A) information provided by eligible entities to the Secretary in the applications submitted under section 2212(c);

`(B) the summaries received under subsection (a); and

`(C) grant award amounts; and

`(2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant.

`(c) Evaluation and Technical Assistance-

`(1) RESERVATION OF FUNDS- Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart.

`(2) EVALUATION- From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this subpart.

`(3) CONTENTS- The evaluation under paragraph (2) shall measure--

`(A) the effectiveness of the program in improving student academic achievement;

`(B) the satisfaction of the participating teachers, principals, or other school leaders; and

`(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in high-need subject areas.

`Subpart 2--Literacy Education for All, Results for the Nation

`SEC. 2221. PURPOSES; DEFINITIONS.

`(a) Purposes- The purposes of this subpart are--

`(1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and

`(2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehensive literacy instruction for students most in need.

`(b) Definitions- In this subpart:

`(1) COMPREHENSIVE LITERACY INSTRUCTION- The term `comprehensive literacy instruction' means instruction that--

`(A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas;

`(B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension;

`(C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff;

`(D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children;

`(E) uses differentiated instructional approaches, including individual and small group instruction and discussion;

`(F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary;

`(G) includes frequent practice of reading and writing strategies;

`(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction;

`(I) uses strategies to enhance children's motivation to read and write and children's engagement in self-directed learning;

`(J) incorporates the principles of universal design for learning;

`(K) depends on teachers' collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and

`(L) links literacy instruction to the challenging State academic standards, including the ability to navigate, understand, and write about, complex print and digital subject matter.

`(2) ELIGIBLE ENTITY- The term `eligible entity' means an entity that consists of--

`(A) one or more local educational agencies that serve a high percentage of high-need schools and--

`(i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State;

`(ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or

`(iii) serve a significant number or percentage of schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d);

`(B) one or more early childhood education programs serving low-income or otherwise disadvantaged children, which may include home-based literacy programs for preschool-aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or

`(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or an early childhood education program, which may include home-based literacy programs for preschool-aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include early childhood education programs) that have a demonstrated record of effectiveness in--

`(i) improving literacy achievement of children, consistent with the purposes of participation under this subpart, from birth through grade 12; and

`(ii) providing professional development in comprehensive literacy instruction.

`(3) HIGH-NEED SCHOOL-

`(A) IN GENERAL- The term `high-need school' means--

`(i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or

`(ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school.

`(B) LOW-INCOME FAMILY- For purposes of subparagraph (A), the term `low-income family' means a family--

`(i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

`(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or

`(iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

`SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.

`(a) Grants Authorized- From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to--

`(1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of children from low-income families; and

`(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities.

`(b) Reservation- From the amounts reserved to carry out this subpart for a fiscal year, the Secretary shall reserve--

`(1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and training, data collection, and reporting;

`(2) one half of 1 percent for the Secretary of the Interior to carry out a program described in this subpart at schools operated or funded by the Bureau of Indian Education; and

`(3) one half of 1 percent for the outlying areas to carry out a program under this subpart.

`(c) Duration of Grants- A grant awarded under this subpart shall be for a period of not more than 5 years total. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that--

`(1) the State has made adequate progress; and

`(2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d).

`(d) State Applications-

`(1) IN GENERAL- A State educational agency desiring a grant under this subpart shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection.

`(2) CONTENTS- An application described in paragraph (1) shall include, at a minimum, the following:

`(A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most significant gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the subgroups of students, as defined in section 1111(c)(2).

`(B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan.

`(C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (f).

`(D) An assurance that the State educational agency will use implementation grant funds described in subsection (f)(1) for comprehensive literacy instruction programs as follows:

`(i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry.

`(ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5.

`(iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12.

`(E) An assurance that the State educational agency will give priority in awarding a subgrant under section 2223 to an eligible entity that--

`(i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or

`(ii) is a local educational agency serving a high number or percentage of high-need schools.

`(e) Priority- In awarding grants under this section, the Secretary shall give priority to State educational agencies that will use the grant funds for evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).

`(f) State Activities-

`(1) IN GENERAL- A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process.

`(2) RESERVATION- A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities:

`(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs.

`(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods.

`(C) Reviewing and updating, in collaboration with teachers and institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12.

`(D) Making publicly available, including on the State educational agency's website, information on promising instructional practices to improve child literacy achievement.

`(E) Administering and monitoring the implementation of subgrants by eligible entities.

`(3) ADDITIONAL USES- After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities:

`(A) Developing literacy coach training programs and training literacy coaches.

`(B) Administration and evaluation of activities carried out under this subpart.

`SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH KINDERGARTEN ENTRY LITERACY.

`(a) Subgrants-

`(1) IN GENERAL- A State educational agency receiving a grant under this subpart shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a portion of the grant funds, in accordance with section 2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry.

`(2) DURATION- The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.

`(3) SUFFICIENT SIZE AND SCOPE- Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry.

`(b) Local Applications- An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of--

`(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;

`(2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, including through high-quality professional development;

`(3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; and

`(4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry.

`(c) Priority- In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use the grant funds to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).

`(d) Local Uses of Funds- An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity's approved application under subsection (b), to--

`(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders;

`(2) train providers and personnel to develop and administer evidence-based early childhood education literacy initiatives; and

`(3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant.

`SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN THROUGH GRADE 12 LITERACY.

`(a) Subgrants to Eligible Entities-

`(1) SUBGRANTS- A State educational agency receiving a grant under this subpart shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (c) and (d).

`(2) DURATION- The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.

`(3) SUFFICIENT SIZE AND SCOPE- A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided.

`(4) LOCAL APPLICATIONS- An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information:

`(A) A description of the eligible entity's needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school.

`(B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school.

`(C) How the school will identify children in need of literacy interventions or other support services.

`(D) An explanation of how the school will integrate comprehensive literacy instruction into a well-rounded education.

`(E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education programs and activities and after-school programs and activities in the area served by the local educational agency.

`(b) Priority- In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use funds under subsection (c) or (d) to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).

`(c) Local Uses of Funds for Kindergarten Through Grade 5- An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5:

`(1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that--

`(A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level;

`(B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and

`(C) supports activities that are provided primarily during the regular school day but that may be augmented by after-school and out-of-school time instruction.

`(2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff.

`(3) Training principals, specialized instructional support personnel, and other local educational agency personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives.

`(4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection.

`(5) Engaging families and encouraging family literacy experiences and practices to support literacy development.

`(d) Local Uses of Funds for Grades 6 Through 12- An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12:

`(1) Developing and implementing a comprehensive literacy instruction plan described in subsection (c)(1) for children in grades 6 through 12.

`(2) Training principals, specialized instructional support personnel, school librarians, and other local educational agency personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12.

`(3) Assessing the quality of adolescent comprehensive literacy instruction as part of a well-rounded education.

`(4) Providing time for teachers to meet to plan evidence-based adolescent comprehensive literacy instruction to be delivered as part of a well-rounded education.

`(5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection.

`(e) Allowable Uses- An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (c) and (d), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12:

`(1) Recruiting, placing, training, and compensating literacy coaches.

`(2) Connecting out-of-school learning opportunities to in-school learning in order to improve children's literacy achievement.

`(3) Training families and caregivers to support the improvement of adolescent literacy.

`(4) Providing for a multi-tier system of supports for literacy services.

`(5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success.

`(6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction.

`SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.

`(a) National Evaluation- From funds reserved under section 2222(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs' implementation and impact.

`(b) Program Improvement- The Secretary shall--

`(1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement;

`(2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences;

`(3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and

`(4) make publicly available, in a manner consistent with paragraph (2), best practices for implementing evidence-based activities under this subpart, including evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i).

`SEC. 2226. INNOVATIVE APPROACHES TO LITERACY.

`(a) In General- From amounts reserved under section 2201(2), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development of literacy skills in low-income communities, including--

`(1) developing and enhancing effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to high-need schools;

`(2) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and

`(3) programs that provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency.

`(b) Definitions- In this section:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line;

`(B) a consortium of such local educational agencies;

`(C) the Bureau of Indian Education; or

`(D) an eligible national nonprofit organization.

`(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION- The term `eligible national nonprofit organization' means an organization of national scope that--

`(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and

`(B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant.

`Subpart 3--American History and Civics Education

`SEC. 2231. PROGRAM AUTHORIZED.

`(a) In General- From the amount reserved by the Secretary under section 2201(3), the Secretary is authorized to carry out an American history and civics education program to improve--

`(1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and

`(2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history.

`(b) Funding Allotment- Of the amount available under subsection (a) for a fiscal year, the Secretary--

`(1) shall reserve not less than 26 percent for activities under section 2232; and

`(2) may reserve not more than 74 percent for activities under section 2233.

`SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN HISTORY AND CIVICS.

`(a) In General- From the amounts reserved under section 2231(b)(1) for a fiscal year, the Secretary shall award not more than 12 grants, on a competitive basis, to--

`(1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the `Presidential Academies') in accordance with subsection (e); and

`(2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the `Congressional Academies') in accordance with subsection (f).

`(b) Application- An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.

`(c) Eligible Entity- The term `eligible entity' under this section means--

`(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or

`(2) a consortium of entities described in paragraph (1).

`(d) Grant Terms- Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years.

`(e) Presidential Academies-

`(1) USE OF FUNDS- Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which--

`(A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers' knowledge of the subjects of American history and civics;

`(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;

`(C) is conducted during the summer or other appropriate time; and

`(D) is of not less than 2 weeks and not more than 6 weeks in duration.

`(2) SELECTION OF TEACHERS- Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1).

`(3) TEACHER STIPENDS- Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher's participation in the seminar or institute.

`(4) PRIORITY- In awarding grants under subsection (a)(1), the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks.

`(f) Congressional Academies-

`(1) USE OF FUNDS- Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which--

`(A) broadens and deepens such students' understanding of American history and civics;

`(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;

`(C) is conducted during the summer or other appropriate time; and

`(D) is of not less than 2 weeks and not more than 6 weeks in duration.

`(2) SELECTION OF STUDENTS-

`(A) IN GENERAL- Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1).

`(B) ELIGIBLE STUDENTS- A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student--

`(i) is recommended by the student's secondary school principal or other school leader to attend the seminar or institute; and

`(ii) will be a secondary school junior or senior in the academic year following attendance at the seminar or institute.

`(3) STUDENT STIPENDS- Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student's participation in the seminar or institute.

`(g) Matching Funds-

`(1) IN GENERAL- An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant.

`(2) WAIVER- The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f).

`SEC. 2233. NATIONAL ACTIVITIES.

`(a) Purpose- The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations.

`(b) In General- From the amounts reserved by the Secretary under section 2231(b)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography, which--

`(1) shall--

`(A) show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; and

`(B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and

`(2) may include--

`(A) hands-on civic engagement activities for teachers and students; and

`(B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.

`(c) Program Periods and Diversity of Projects-

`(1) IN GENERAL- A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.

`(2) RENEWAL- The Secretary may renew a grant awarded under this section for 1 additional 2-year period.

`(3) DIVERSITY OF PROJECTS- In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.

`(e) Eligible Entity- In this section, the term `eligible entity' means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching.

`Subpart 4--Programs of National Significance

`SEC. 2241. FUNDING ALLOTMENT.

`From the funds reserved under section 2201(4), the Secretary--

`(1) shall use not less than 74 percent to carry out activities under section 2242;

`(2) shall use not less than 22 percent to carry out activities under section 2243;

`(3) shall use not less than 2 percent to carry out activities under section 2244; and

`(4) may reserve not more than 2 percent to carry out activities under section 2245.

`SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.

`(a) In General- From the funds reserved by the Secretary under section 2241(1) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of--

`(1) providing teachers, principals, or other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies;

`(2) providing evidence-based professional development activities that address literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve;

`(3) providing teachers, principals, or other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment programs and early college high school settings across a local educational agency;

`(4) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or

`(5) providing teachers, principals, or other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.

`(b) Program Periods and Diversity of Projects-

`(1) IN GENERAL- A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.

`(2) RENEWAL- The Secretary may renew a grant awarded under this section for 1 additional 2-year period.

`(4) LIMITATION- The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.

`(c) Cost-sharing-

`(1) IN GENERAL- An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section.

`(2) ACCEPTABLE CONTRIBUTIONS- An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.

`(3) WAIVERS- The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.

`(d) Applications- In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents.

`(e) Priority- In awarding grants under this section, the Secretary shall give priority to an eligible entity that will implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).

`(f) Definition of Eligible Entity- In this section, the term `eligible entity' means--

`(1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation;

`(2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders;

`(3) the Bureau of Indian Education; or

`(4) a partnership consisting of--

`(A) 1 or more entities described in paragraph (1) or (2); and

`(B) a for-profit entity.

`SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.

`(a) In General- From the funds reserved under section 2241(2) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals or other school leaders in high-need schools, which may include--

`(1) developing or implementing leadership training programs designed to prepare and support principals or other school leaders in high-need schools, including through new or alternative pathways or school leader residency programs;

`(2) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals or other school leaders to serve in high-need schools;

`(3) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning;

`(4) providing continuous professional development for principals or other school leaders in high-need schools;

`(5) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and

`(6) other evidence-based programs or activities described in section 2101(c)(4) or section 2103(b)(3) focused on principals or other school leaders in high-need schools.

`(b) Program Periods and Diversity of Projects-

`(1) IN GENERAL- A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 5 years.

`(2) RENEWAL- The Secretary may renew a grant awarded under this section for 1 additional 2-year period.

`(4) LIMITATION- The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.

`(c) Cost-sharing-

`(3) WAIVERS- The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship.

`(d) Applications- An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, and in such manner, as the Secretary may require.

`(e) Priority- In awarding grants under this section, the Secretary shall give priority to an eligible entity--

`(1) with a record of preparing or developing principals who--

`(A) have improved school-level student outcomes;

`(B) have become principals in high-need schools; and

`(C) remain principals in high-need schools for multiple years; and

`(2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i).

`(f) Definitions- In this section:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies;

`(B) a State educational agency or a consortium of such agencies;

`(C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that serve a high-need school;

`(D) the Bureau of Indian Education; or

`(E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education.

`(2) HIGH-NEED SCHOOL- The term `high-need school' means--

`(A) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or

`(B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line.

`SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.

`(a) In General- From the funds reserved under section 2241(3) for a fiscal year, the Secretary--

`(1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), a comprehensive center on students at risk of not attaining full literacy skills due to a disability that meets the purposes of subsection (b); and

`(2) may--

`(A) provide technical assistance, which may be carried out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and

`(B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences.

`(b) Purposes- The comprehensive center established by the Secretary under subsection (a)(1) shall--

`(1) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;

`(2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students;

`(3) provide families of such students with information to assist such students;

`(4) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to--

`(A) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;

`(B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and

`(C) implement evidence-based instruction designed to meet the specific needs of such students; and

`(5) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564).

`SEC. 2245. STEM MASTER TEACHER CORPS.

`(a) In General- From the funds reserved under section 2241(4) for a fiscal year, the Secretary may award grants to--

`(1) State educational agencies to enable such agencies to support the development of a State-wide STEM master teacher corps; or

`(2) State educational agencies, or nonprofit organizations in partnership with State educational agencies, to support the implementation, replication, or expansion of effective science, technology, engineering, and mathematics professional development programs in schools across the State through collaboration with school administrators, principals, and STEM educators.

`(b) STEM Master Teacher Corps- In this section, the term `STEM master teacher corps' means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by--

`(1) selecting candidates to be master teachers in the corps on the basis of--

`(A) content knowledge based on a screening examination; and

`(B) pedagogical knowledge of and success in teaching;

`(2) offering such teachers opportunities to--

`(A) work with one another in scholarly communities; and

`(B) participate in and lead high-quality professional development; and

`(3) providing such teachers with additional appropriate and substantial compensation for the work described in paragraph (2) and in the master teacher community.

`PART C--GENERAL PROVISIONS

`SEC. 2301. SUPPLEMENT, NOT SUPPLANT.

`Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.

`SEC. 2302. RULES OF CONSTRUCTION.

`(a) Prohibition Against Federal Mandates, Direction, or Control- Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's--

`(1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments;

`(2) teacher, principal, or other school leader evaluation system;

`(3) specific definition of teacher, principal, or other school leader effectiveness; or

`(4) teacher, principal, or other school leader professional standards, certification, or licensing.

`(b) School or District Employees- Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.'.

TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.

Title III (20 U.S.C. 6801 et seq.) is amended--

LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

(2) in part A--

(A) by striking section 3122;

(B) by redesignating sections 3123 through 3129 as sections 3122 through 3128, respectively; and

(3) by striking part B;

(4) by redesignating part C as part B; and

(5) in part B, as redesignated by paragraph (4)--

(A) by redesignating section 3301 as section 3201;

(B) by striking section 3302; and

SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

Section 3001 (20 U.S.C. 6801) is amended to read as follows:

`SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this title--

`(1) $756,332,450 for fiscal year 2017;

`(2) $769,568,267 for fiscal year 2018;

`(3) $784,959,633 for fiscal year 2019; and

`(4) $884,959,633 for fiscal year 2020.'.

SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT.

(a) Purposes- Section 3102 (20 U.S.C. 6812) is amended to read as follows:

`SEC. 3102. PURPOSES.

`The purposes of this part are--

`(1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English;

`(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet;

`(3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth;

`(4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and

`(5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners.'.

(b) Formula Grants to States- Section 3111 (20 U.S.C. 6821) is amended--

(1) in subsection (b)--

(A) in paragraph (2), by striking subparagraphs (A) through (D) and inserting the following:

`(A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State.

`(B) Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in--

`(i) meeting State and local certification and licensing requirements for teaching English learners; and

`(ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners.

`(C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).

`(D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in--

`(i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners;

`(ii) helping English learners meet the same challenging State academic standards that all children are expected to meet;

`(iii) identifying or developing, and implementing, measures of English proficiency; and

`(iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners.

`(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting--

`(i) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State's English language proficiency assessment under section 1111(b)(2)(G); and

`(ii) the challenging State academic standards.';

(B) in paragraph (3)--

(i) in the paragraph heading, by striking `ADMINISTRATIVE' and inserting `DIRECT ADMINISTRATIVE';

(ii) by striking `60 percent' and inserting `50 percent'; and

(iii) by inserting `direct' before `administrative costs'; and

(2) in subsection (c)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking `section 3001(a)' and inserting `section 3001';

(ii) in subparagraph (B), by inserting `and' after the semicolon;

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

`(C) 6.5 percent of such amount for national activities under sections 3131 and 3202, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 3202.'; and

(iv) by striking subparagraph (D);

(B) by striking paragraphs (2) and (4);

(D) in paragraph (2)(A), as redesignated by subparagraph (C)--

(i) in the matter preceding clause (i), by striking `section 3001(a)' and inserting `section 3001';

(ii) in clause (i), by striking `limited English proficient' and all that follows through `States; and' and inserting `English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and'; and

(iii) in clause (ii), by inserting `, as determined in accordance with paragraph (3)(B)' before the period at the end; and

(E) by adding at the end the following:

`(3) USE OF DATA FOR DETERMINATIONS- In making State allotments under paragraph (2) for each fiscal year, the Secretary shall--

`(A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be--

`(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates;

`(ii) the number of students being assessed for English language proficiency, based on the State's English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or

`(iii) a combination of data available under clauses (i) and (ii); and

`(B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.'.

(c) Native American and Alaska Native Children in School- Section 3112(a) (20 U.S.C. 6822(a)) is amended by striking `Bureau of Indian Affairs' each place the term appears and inserting `Bureau of Indian Education'.

(d) State and Specially Qualified Agency Plans- Section 3113 (20 U.S.C. 6823) is amended--

(1) in subsection (a), by striking `, in such manner, and containing such information' and inserting `and in such manner';

(2) in subsection (b)--

(A) in paragraph (1), by striking `making' and inserting `awarding'; and

(B) by striking paragraphs (2) through (6) and inserting the following:

`(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State;

`(3) provide an assurance that--

`(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English;

`(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G);

`(C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools;

`(D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners;

`(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient's capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards;

`(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and

`(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders;

`(4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate;

`(5) describe how each eligible entity will be given the flexibility to teach English learners--

`(A) using a high-quality, effective language instruction curriculum for teaching English learners; and

`(B) in the manner the eligible entity determines to be the most effective;

`(6) describe how the agency will assist eligible entities in meeting--

`(A) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State's English language proficiency assessment under section 1111(b)(2)(G); and

`(B) the challenging State academic standards;

`(7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 3114(d); and

`(8) describe--

`(A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and

`(B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies.';

(3) in subsection (d)--

(A) in paragraph (1), by striking `this part' each place the term appears and inserting `this subpart'; and

(B) in paragraph (2)(B), by striking `this part' and inserting `this subpart';

(4) in subsection (e), by striking `section 9302' and inserting `section 8302'; and

(5) in subsection (f)--

(A) by inserting `by the State' after `if requested'; and

(B) by striking `, objectives,'.

(e) Within-State Allocations- Section 3114 (20 U.S.C. 6824) is amended--

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

`(a) In General- After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.'; and

(2) in subsection (d)(1)--

(A) by striking `section 3111(c)(3)' and inserting `section 3111(c)(2)'; and

(B) by striking `preceding the fiscal year'.

(f) Subgrants to Eligible Entities- Section 3115 (20 U.S.C. 6825) is amended to read as follows:

`SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

`(a) Purposes of Subgrants- A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards. In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes:

`(1) Developing and implementing new language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs.

`(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth.

`(3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth.

`(4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth.

`(b) Direct Administrative Expenses- Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart.

`(c) Required Subgrantee Activities- An eligible entity receiving funds under section 3114(a) shall use the funds--

`(1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and demonstrate success in increasing--

`(A) English language proficiency; and

`(B) student academic achievement;

`(2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is--

`(A) designed to improve the instruction and assessment of English learners;

`(B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners;

`(C) effective in increasing children's English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and

`(D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers' performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher's supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and

`(3) to provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which--

`(A) shall include parent, family, and community engagement activities; and

`(B) may include strategies that serve to coordinate and align related programs.

`(d) Authorized Subgrantee Activities- Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities:

`(1) Upgrading program objectives and effective instructional strategies.

`(2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures.

`(3) Providing to English learners--

`(A) tutorials and academic or career and technical education; and

`(B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators.

`(4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services.

`(5) Improving the English language proficiency and academic achievement of English learners.

`(6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families--

`(A) to improve the English language skills of English learners; and

`(B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children.

`(7) Improving the instruction of English learners, which may include English learners with a disability, by providing for--

`(A) the acquisition or development of educational technology or instructional materials;

`(B) access to, and participation in, electronic networks for materials, training, and communication; and

`(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart.

`(8) Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve success in postsecondary education.

`(9) Carrying out other activities that are consistent with the purposes of this section.

`(e) Activities by Agencies Experiencing Substantial Increases in Immigrant Children and Youth-

`(1) IN GENERAL- An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include--

`(A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children;

`(B) recruitment of, and support for, personnel, including teachers and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth;

`(C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth;

`(D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds;

`(E) basic instructional services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services;

`(F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and

`(G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services.

`(2) DURATION OF SUBGRANTS- The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion.

`(f) Selection of Method of Instruction-

`(1) IN GENERAL- To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards.

`(2) CONSISTENCY- The selection described in paragraph (1) shall be consistent with sections 3124 through 3126.

`(g) Supplement, Not Supplant- Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds.'.

(g) Local Plans- Section 3116 (20 U.S.C. 6826) is amended--

(1) in subsection (b), by striking paragraphs (1) through (6) and inserting the following:

`(1) describe the effective programs and activities, including language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the challenging State academic standards;

`(2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in--

`(A) achieving English proficiency based on the State's English language proficiency assessment under section 1111(b)(2)(G), consistent with the State's long-term goals, as described in section 1111(c)(4)(A)(ii); and

`(B) meeting the challenging State academic standards;

`(3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners;

`(4) contain assurances that--

`(A) each local educational agency that is included in the eligible entity is complying with section 1112(e) prior to, and throughout, each school year as of the date of application;

`(B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126;

`(C) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and

`(D) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers.';

(2) in subsection (c), by striking `limited English proficient children' and inserting `English learners'; and

(3) by striking subsection (d).

(h) Reporting- Section 3121 (20 U.S.C. 6841) is amended to read as follows:

`SEC. 3121. REPORTING.

`(a) In General- Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes--

`(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented programs funded primarily with State or local funds;

`(2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a minimum, by English learners with a disability;

`(3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(G) by the end of each school year, as determined by the State's English language proficiency assessment under section 1111(b)(2)(G);

`(4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency;

`(5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability;

`(6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enrollment in the local educational agency; and

`(7) any other information that the State educational agency may require.

`(b) Use of Report- A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part.

`(c) Special Rule for Specially Qualified Agencies- Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection.'.

(i) Biennial Reports- Section 3122 (20 U.S.C. 6843), as redesignated by section 3001(2)(B), is amended--

(1) in the section heading, by striking `reporting requirements' and inserting `biennial reports';

(2) in subsection (a)--

(A) by striking `evaluations' and inserting `reports'; and

(B) by striking `children who are limited English proficient' and inserting `English learners'; and

(3) in subsection (b)--

(A) in paragraph (1)--

(i) by striking `limited English proficient children' and inserting `English learners'; and

(ii) by striking `children who are limited English proficient' and inserting `English learners';

(B) in paragraph (2), by striking `limited English proficient children' and inserting `English learners';

(D) in paragraph (5), by striking `limited English proficient children' and inserting `English learners';

(E) in paragraph (6), by striking `major findings of scientifically based research carried out under this part' and inserting `findings of the most recent evaluation related to English learners carried out under section 8601';

(F) in paragraph (8)--

(i) by striking `of limited English proficient children' and inserting `of English learners'; and

(ii) by striking `into classrooms where instruction is not tailored for limited English proficient children'; and

(G) in paragraph (9), by striking `title' and inserting `part'.

(j) Coordination With Related Programs- Section 3123 (20 U.S.C. 6844), as redesignated by section 3001(2)(B), is amended--

(1) by striking `children of limited English proficiency' and inserting `English learners';

(2) by striking `limited English proficient children' and inserting `English learners'; and

(3) by inserting after the period at the end the following: `The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments.'.

(k) Rules of Construction- Section 3124 (20 U.S.C. 6845), as redesignated by section 3001(2)(B), is amended--

(1) in paragraph (1), by striking `limited English proficient children' and inserting `English learners'; and

(2) in paragraph (2), by striking `limited English proficient children' and inserting `English learners'.

(l) Prohibition- Section 3128 (20 U.S.C. 6849), as redesignated by section 3001(2)(B), is amended by striking `limited English proficient children' and inserting `English learners'.

(m) National Professional Development Project- Section 3131 (20 U.S.C. 6861) is amended to read as follows:

`SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

`The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used--

`(1) for effective preservice or inservice professional development programs that will improve the qualifications and skills of educational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness in meeting the needs of English learners;

`(2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved;

`(3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners;

`(4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs;

`(5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and

`(6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs, to elementary school programs.'.

SEC. 3004. GENERAL PROVISIONS.

(a) Definitions- Section 3201 (20 U.S.C. 7011), as redesignated by section 3001(5)(A), is amended--

(1) by striking paragraphs (3), (4), and (5);

(2) by inserting after paragraph (2) the following:

`(3) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) one or more local educational agencies; or

`(B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.

`(4) ENGLISH LEARNER WITH A DISABILITY- The term `English learner with a disability' means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.';

(3) by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively;

(4) in paragraph (7)(A), as redesignated by paragraph (3)--

(A) by striking `a limited English proficient child' and inserting `an English learner'; and

(B) by striking `challenging State academic content and student academic achievement standards, as required by section 1111(b)(1)' and inserting `challenging State academic standards'; and

(5) in paragraph (12), as redesignated by paragraph (3), by striking `, as defined in section 3141,'.

(b) National Clearinghouse- Section 3202 (20 U.S.C. 7013), as redesignated by section 3001(5)(C), is amended--

(1) in the matter preceding paragraph (1)--

(A) by striking `The Secretary shall' and inserting the following:

`(a) In General- The Secretary shall'; and

(B) by striking `limited English proficient children' and inserting `English learners';

(2) in paragraph (4)--

(A) in subparagraph (A), by striking `limited English proficient children' and inserting `English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners'; and

(B) in subparagraph (B), by striking `limited English proficient children' and inserting `English learners'; and

(3) by adding at the end the following:

`(b) Construction- Nothing in this section shall authorize the Secretary to hire additional personnel to execute subsection (a).'.

(1) by striking `limited English proficient individuals' and inserting `English learners'; and

(2) by striking `limited English proficient children' and inserting `English learners'.

TITLE IV--21ST CENTURY SCHOOLS

SEC. 4001. REDESIGNATIONS AND TRANSFERS.

(a) Title IV Transfers and Related Amendments-

(1) Section 4303 (20 U.S.C. 7183) is amended--

(A) in subsection (b)(1), by striking `early childhood development (Head Start) services' and inserting `early childhood education programs';

(B) in subsection (c)(2)--

(i) in the paragraph heading, by striking `DEVELOPMENT SERVICES' and inserting `EDUCATION PROGRAMS'; and

(ii) by striking `development (Head Start) services' and inserting `education programs'; and

`(C) such other matters as justice may require.'.

(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is--

(A) transferred to title IX (as amended by section 2001 of this Act);

(B) inserted so as to appear after subpart 3 of part E of such title (as so transferred and redesignated);

(D) amended by redesignating section 4141 as section 9551.

(3) Section 4155 (20 U.S.C. 7165) is--

(A) transferred to title IX (as amended by section 2001 of this Act and paragraph (2) of this subsection);

(B) inserted so as to appear after section 9536; and

(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended by paragraph (1) of this subsection) is--

(A) transferred to title IX (as amended by section 2001 of this Act and paragraphs (2) and (3) of this subsection);

(B) inserted so as to appear after subpart 4 of part E of such title IX (as so transferred and redesignated); and

Subpart 5--Environmental Tobacco Smoke

(ii) by redesignating sections 4301 through 4304 as sections 9561 through 9564, respectively.

(5) Title IV (as amended by section 2001 of this Act and paragraphs (1) through (4) of this subsection) is further amended--

(A) in the part heading of part A, by striking `safe and drug-free schools and communities' and inserting `student support and academic enrichment grants';

(B) by striking subparts 2 and 4 of part A;

(C) by redesignating subpart 5 of part A (as so transferred and redesignated by section 2001(4) of this Act) as subpart 2 of part A; and

(D) by redesignating section 4161 (as so redesignated) as section 4121.

(b) Title V Transfers and Related Amendments-

(1) IN GENERAL- Title V (20 U.S.C. 7201 et seq.) is amended--

(A) by striking part A;

(B) by striking subparts 2 and 3 of part B; and

(2) CHARTER SCHOOLS- Part B of title V (20 U.S.C. 7221 et seq.) (as amended by paragraph (1) of this subsection) is--

(A) transferred to title IV (as amended by section 2001 of this Act and subsection (a) of this section);

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

(D) further amended--

(i) in the part heading, by striking `public charter schools' and inserting `expanding opportunity through quality charter schools';

(ii) by striking the subpart heading for subpart 1; and

(iii) by redesignating sections 5201 through 5211 as sections 4301 through 4311, respectively.

(3) MAGNET SCHOOLS- Part C of title V (20 U.S.C. 7231 et seq.) is--

(A) transferred to title IV (as amended by section 2001 of this Act, subsection (a) of this section, and paragraph (2) of this subsection)

(B) inserted so as to appear after part C of such title (as so transferred and redesignated);

(D) amended--

(i) by redesignating sections 5301 through 5307 as sections 4401 through 4407, respectively;

(ii) by striking sections 5308 and 5310; and

(iii) by redesignating sections 5309 and 5311 as sections 4408 and 4409, respectively.

(4) TITLE V- Title V, as amended by this section, is repealed.

SEC. 4002. GENERAL PROVISIONS.

Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by section 4001, is further amended by striking sections 4001 through 4003 and inserting the following:

`SEC. 4001. GENERAL PROVISIONS.

`(a) Parental Consent-

`(1) IN GENERAL-

`(A) INFORMED WRITTEN CONSENT- A State, local educational agency, or other entity receiving funds under this title shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this title and conducted in connection with an elementary school or secondary school under this title.

`(B) CONTENTS- Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or service will begin, and how long such assessment or service may last.

`(C) LIMITATION- The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

`(2) EXCEPTION- Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall not be required in--

`(A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or

`(B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of--

`(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or

`(ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

`(b) Prohibited Use of Funds- No funds under this title may be used for medical services or drug treatment or rehabilitation, except for integrated student supports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs.

`(c) Prohibition on Mandatory Medication- No child shall be required to obtain a prescription for a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a condition of--

`(1) receiving an evaluation or other service described under this title; or

`(2) attending a school receiving assistance under this title.'.

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