Thursday, December 10

Signed Legislation: Every Student Succeeds Act


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

S.1177
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Every Student Succeeds Act'.
SEC. 2. TABLE OF CONTENTS.
    The table of contents for this Act is as follows:
      Sec. 1. Short title.
      Sec. 2. Table of contents.
      Sec. 3. References.
      Sec. 4. Transition.
      Sec. 5. Effective dates.
      Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965.

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TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL AGENCIES

Part A--Improving Basic Programs Operated by State and Local Educational Agencies

      Sec. 1000. Redesignations.
      Sec. 1001. Statement of purpose.
      Sec. 1002. Authorization of appropriations.
      Sec. 1003. School improvement.
      Sec. 1004. Direct student services.
      Sec. 1005. State plans.
      Sec. 1006. Local educational agency plans.
      Sec. 1007. Eligible school attendance areas.
      Sec. 1008. Schoolwide programs.
      Sec. 1009. Targeted assistance schools.
      Sec. 1010. Parent and family engagement.
      Sec. 1011. Participation of children enrolled in private schools.
      Sec. 1012. Supplement, not supplant.
      Sec. 1013. Coordination requirements.
      Sec. 1014. Grants for the outlying areas and the Secretary of the Interior.
      Sec. 1015. Allocations to States.
      Sec. 1016. Adequacy of funding rule.
      Sec. 1017. Education finance incentive grant program.

Part B--State Assessment Grants

      Sec. 1201. State assessment grants.

Part C--Education of Migratory Children

      Sec. 1301. Education of migratory children.

Part D--Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-risk

      Sec. 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk.

Part E--Flexibility for Equitable Per-pupil Funding

      Sec. 1501. Flexibility for equitable per-pupil funding.

Part F--General Provisions

      Sec. 1601. General provisions.

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

      Sec. 2001. General provisions.
      Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or other school leaders.

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

      Sec. 3001. Redesignation of certain provisions.
      Sec. 3002. Authorization of appropriations.
      Sec. 3003. English language acquisition, language enhancement, and academic achievement.
      Sec. 3004. General provisions.

TITLE IV--21ST CENTURY SCHOOLS

      Sec. 4001. Redesignations and transfers.
      Sec. 4002. General provisions.

Part A--Student Support and Academic Enrichment Grants

      Sec. 4101. Student support and academic enrichment grants.

Part B--21st Century Community Learning Centers

      Sec. 4201. 21st century community learning centers.

Part C--Expanding Opportunity Through Quality Charter Schools

      Sec. 4301. Charter schools.

Part D--Magnet Schools Assistance

      Sec. 4401. Magnet schools assistance.

Part E--Family Engagement in Education Programs

      Sec. 4501. Family Engagement in Education Programs.

Part F--National Activities

      Sec. 4601. National activities.

TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

      Sec. 5001. General provisions.
      Sec. 5002. Funding Transferability for State and Local Educational Agencies.
      Sec. 5003. Rural education initiative.
      Sec. 5004. General provisions.
      Sec. 5005. Review relating to rural local educational agencies.

TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

      Sec. 6001. Conforming amendments.
      Sec. 6002. Indian education.
      Sec. 6003. Native Hawaiian education.
      Sec. 6004. Alaska Native education.
      Sec. 6005. Report on Native American language medium education.
      Sec. 6006. Report on responses to Indian student suicides.

TITLE VII--IMPACT AID

      Sec. 7001. General provisions.
      Sec. 7002. Purpose.
      Sec. 7003. Payments relating to federal acquisition of real property.
      Sec. 7004. Payments for eligible federally connected children.
      Sec. 7005. Policies and procedures relating to children residing on Indian lands.
      Sec. 7006. Application for payments under sections 7002 and 7003.
      Sec. 7007. Construction.
      Sec. 7008. Facilities.
      Sec. 7009. State consideration of payments in providing state aid.
      Sec. 7010. Federal administration.
      Sec. 7011. Administrative hearings and judicial review.
      Sec. 7012. Definitions.
      Sec. 7013. Authorization of appropriations.

TITLE VIII--GENERAL PROVISIONS

      Sec. 8001. General provisions.
      Sec. 8002. Definitions.
      Sec. 8003. Applicability of title.
      Sec. 8004. Applicability to Bureau of Indian Education operated schools.
      Sec. 8005. Consolidation of State administrative funds for elementary and secondary education programs.
      Sec. 8006. Consolidation of funds for local administration.
      Sec. 8007. Consolidated set-aside for Department of the Interior funds.
      Sec. 8008. Department staff.
      Sec. 8009. Optional consolidated State plans or applications.
      Sec. 8010. General applicability of State educational agency assurances.
      Sec. 8011. Rural consolidated plan.
      Sec. 8012. Other general assurances.
      Sec. 8013. Waivers of statutory and regulatory requirements.
      Sec. 8014. Approval and disapproval of State plans and local applications.
      Sec. 8015. Participation by private school children and teachers.
      Sec. 8016. Standards for by-pass.
      Sec. 8017. Complaint process for participation of private school children.
      Sec. 8018. By-pass determination process.
      Sec. 8019. Maintenance of effort.
      Sec. 8020. Prohibition regarding state aid.
      Sec. 8021. School prayer.
      Sec. 8022. Prohibited uses of funds.
      Sec. 8023. Prohibitions.
      Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
      Sec. 8025. Armed forces recruiter access to students and student recruiting information.
      Sec. 8026. Prohibition on federally sponsored testing.
      Sec. 8027. Limitations on national testing or certification for teachers, principals, or other school leaders.
      Sec. 8028. Prohibition on requiring State participation.
      Sec. 8029. Civil rights.
      Sec. 8030. Consultation with Indian tribes and tribal organizations.
      Sec. 8031. Outreach and technical assistance for rural local educational agencies.
      Sec. 8032. Consultation with the Governor.
      Sec. 8033. Local governance.
      Sec. 8034. Rule of construction regarding travel to and from school.
      Sec. 8035. Limitations on school-based health centers.
      Sec. 8036. State control over standards.
      Sec. 8037. Sense of Congress on protecting student privacy.
      Sec. 8038. Prohibition on aiding and abetting sexual abuse.
      Sec. 8039. Sense of Congress on restoration of state sovereignty over public education.
      Sec. 8040. Privacy.
      Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance.
      Sec. 8042. Evaluations.

TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

Part A--Homeless Children and Youths

      Sec. 9101. Statement of policy.
      Sec. 9102. Grants for State and local activities.
      Sec. 9103. Local educational agency subgrants.
      Sec. 9104. Secretarial responsibilities.
      Sec. 9105. Definitions.
      Sec. 9106. Authorization of appropriations.
      Sec. 9107. Effective date.

Part B--Miscellaneous; Other Laws

      Sec. 9201. Findings and sense of Congress on sexual misconduct.
      Sec. 9202. Sense of Congress on First Amendment rights.
      Sec. 9203. Preventing improper use of taxpayer funds.
      Sec. 9204. Accountability to taxpayers through monitoring and oversight.
      Sec. 9205. Report on Department actions to address Office of Inspector General reports.
      Sec. 9206. Posthumous pardon.
      Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization.
      Sec. 9208. Report on the reduction of the number and percentage of students who drop out of school.
      Sec. 9209. Report on subgroup sample size.
      Sec. 9210. Report on student home access to digital learning resources.
      Sec. 9211. Study on the title I formula.
      Sec. 9212. Preschool development grants.
      Sec. 9213. Review of Federal early childhood education programs.
      Sec. 9214. Use of the term `highly qualified' in other laws.
      Sec. 9215. Additional conforming amendments to other laws.
SEC. 3. REFERENCES.
    Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
    (a) Funding Authority-
      (1) MULTI-YEAR AWARDS-
      (A) PROGRAMS NO LONGER AUTHORIZED- Except as otherwise provided in this Act or the amendments made by this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, under a program that is not authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, and--
      (i) that is not substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award, except that no additional funds for such program may be awarded after September 30, 2016; and
      (ii) that is substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award.
      (B) AUTHORIZED PROGRAMS- Except as otherwise provided in this Act, or the amendments made by this Act, the recipient of a multiyear award under a program that was authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, and that is authorized under such Act (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award.
      (2) PLANNING AND TRANSITION- Notwithstanding any other provision of law, a recipient of funds under a program described in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the recipient under such program, to carry out necessary and reasonable planning and transition activities in order to ensure the recipient's compliance with the amendments to such program made by this Act.
    (b) Orderly Transition- Subject to subsection (a)(1)(A)(i), the Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act.
    (c) Termination of Certain Waivers-
      (1) IN GENERAL- Notwithstanding any other provision of this Act, and subject to section 5(e)(2), a waiver described in paragraph (2) shall be null and void and have no legal effect on or after August 1, 2016.
      (2) WAIVERS- A waiver shall be subject to paragraph (1) if the waiver was granted by the Secretary of Education to a State or consortium of local educational agencies under the program first introduced in a letter to chief State school officers dated September 23, 2011, and authorized under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enactment of this Act.
SEC. 5. EFFECTIVE DATES.
    (a) In General- Except as otherwise provided in this Act, or an amendment made by this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.
    (b) Noncompetitive Programs- With respect to noncompetitive programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, the amendments made by this Act shall be effective beginning on July 1, 2016, except as otherwise provided in such amendments.
    (c) Competitive Programs- With respect to programs that are conducted by the Secretary of Education on a competitive basis (and are not programs described in subsection (b)) under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments made by this Act with respect to appropriations for use under such programs shall be effective beginning on October 1, 2016, except as otherwise provided in such amendments.
    (d) Impact Aid- With respect to title VII of the Elementary and Secondary Education Act of 1965, as amended by this Act, the amendments made by this Act shall take effect with respect to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such amendments.
    (e) Title I of the Elementary and Secondary Education Act of 1965-
      (1) EFFECTIVE DATES FOR SECTION 1111 OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965- Notwithstanding any other provision of this Act, or the amendments made by this Act, and subject to paragraph (2) of this subsection--
      (A) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect on the day before the date of enactment of this Act, shall be effective through the close of August 1, 2016;
      (B) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, shall take effect beginning with school year 2017-2018; and
      (C) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended by this Act, and any other provision of section 1111 of such Act (20 U.S.C. 6311), as amended by this Act, which is not described in subparagraph (B) of this paragraph, shall take effect in a manner consistent with subsection (a).
      (2) SPECIAL RULE-
      (A) IN GENERAL- Notwithstanding any other provision of this Act (including subsection (b) and paragraph (1)), any school or local educational agency described in subparagraph (B) shall continue to implement interventions applicable to such school or local educational agency under clause (i) or (ii) of subparagraph (B) until--
      (i) the State plan for the State in which the school or agency is located under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, is approved under such section (20 U.S.C. 6311); or
      (ii) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, take effect in accordance with paragraph (1)(B),
      whichever occurs first.
      (B) CERTAIN SCHOOLS AND LOCAL EDUCATIONAL AGENCIES- A school or local educational agency shall be subject to the requirements of subparagraph (A), if such school or local educational agency has been identified by the State in which the school or local educational agency is located--
      (i) as in need of improvement, corrective action, or restructuring under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as in effect on the day before the date of enactment of this Act; or
      (ii) as a priority or focus school under a waiver granted by the Secretary of Education under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enactment of this Act.
SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
    Section 2 is amended to read as follows:
      `Sec. 1. Short title.
      `Sec. 2. Table of contents.

`TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

      `Sec. 1001. Statement of purpose.
      `Sec. 1002. Authorization of appropriations.
      `Sec. 1003. School improvement.
      `Sec. 1003A. Direct student services.
      `Sec. 1004. State administration.

`Part A--Improving Basic Programs Operated by Local Educational Agencies

`subpart 1--basic program requirements

      `Sec. 1111. State plans.
      `Sec. 1112. Local educational agency plans.
      `Sec. 1113. Eligible school attendance areas.
      `Sec. 1114. Schoolwide programs.
      `Sec. 1115. Targeted assistance schools.
      `Sec. 1116. Parent and family engagement.
      `Sec. 1117. Participation of children enrolled in private schools.
      `Sec. 1118. Fiscal requirements.
      `Sec. 1119. Coordination requirements.

`subpart 2--allocations

      `Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
      `Sec. 1122. Allocations to States.
      `Sec. 1124. Basic grants to local educational agencies.
      `Sec. 1124A. Concentration grants to local educational agencies.
      `Sec. 1125. Targeted grants to local educational agencies.
      `Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001.
      `Sec. 1125A. Education finance incentive grant program.
      `Sec. 1126. Special allocation procedures.
      `Sec. 1127. Carryover and waiver.

`Part B--State Assessment Grants

      `Sec. 1201. Grants for State assessments and related activities.
      `Sec. 1202. State option to conduct assessment system audit.
      `Sec. 1203. Allotment of appropriated funds.
      `Sec. 1204. Innovative assessment and accountability demonstration authority.

`Part C--Education of Migratory Children

      `Sec. 1301. Program purposes.
      `Sec. 1302. Program authorized.
      `Sec. 1303. State allocations.
      `Sec. 1304. State applications; services.
      `Sec. 1305. Secretarial approval; peer review.
      `Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.
      `Sec. 1307. Bypass.
      `Sec. 1308. Coordination of migrant education activities.
      `Sec. 1309. Definitions.

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