To amend the State plan requirements of section 1111 of the Elementary and Secondary Education Act of 1965 in order to support children facing substance abuse in the home.

TEXT OF AMENDMENTS

SA 2215. Mr. REID (for Mr. Nelson) submitted an amendment intended to
be proposed to amendment SA 2089 submitted by Mr. Alexander (for
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; which was ordered to lie on the table; as follows:

Beginning on page 373, strike line 22 and all that follows
through page 374, line 3, and insert the following:
in the State;
``(C) information on student exposure to and retention in
science, technology, engineering, and mathematics fields,
including among low-income and underrepresented groups, which
may include results from a pre-existing analysis; and
``(D) an analysis of the quality of pre-service preparation
at all public institutions of higher education (including
alternative pathways to teacher licensure or certification)
for individuals preparing to teach science, technology,
engineering, and mathematics subjects in the State.
On page 381, between lines 18 and 19, insert the following:
``(vi) partner with current or recently retired science,
technology, engineering, and mathematics professionals, such
as Federal employees, to engage students and teachers in
instruction in such subjects;
``(vii) tailor and integrate educational resources
developed by Federal agencies to improve student achievement
in science, technology, engineering, and mathematics;
______

SA 2216. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

On page 385, between lines 4 and 5, insert the following:

``SEC. 2508. REPORT ON CYBERSECURITY EDUCATION.

``Not later than June 1, 2016, the Secretary, acting
through the Director of the Institute of Education Sciences,
shall submit to the Committee on Armed Services and the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Armed Services and the Committee
on Education and the Workforce of the House of
Representatives, a report describing whether secondary and
postsecondary education programs are meeting the need of
public and private sectors for cyberdefense. Such report
shall include--
``(1) an assessment of the shortfalls in current secondary
and postsecondary education needed to develop cybersecurity
professionals, and recommendations to address such
shortfalls;
``(2) an assessment of successful secondary and
postsecondary programs that produce competent cybersecurity
professionals; and
``(3) recommendations of subjects to be covered by
elementary schools and secondary schools to better prepare
students for postsecondary cybersecurity education.''.
______

SA 2217. Mr. ALEXANDER (for Mr. Paul) submitted an amendment intended
to be proposed to amendment SA 2089 submitted by Mr. Alexander (for
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; which was ordered to lie on the table; as follows:

Strike line 18 on page 36 and all that follows through line
5 on page 44 and insert the following:
``(2) State-designed academic assessment system.--
``(A) In general.--Each State plan shall provide an
assurance that the State educational agency, in consultation
with local educational agencies, has implemented a State-
designed academic assessment system that--
``(i) includes, at a minimum, academic assessments in
mathematics, reading or language arts, and science; and
``(ii) meets the requirements of subparagraph (B).
``(B) Requirements.--The assessment system under
subparagraph (A) shall--
``(i) be aligned with the challenging State academic
standards, and provide coherent and timely information about
student attainment of such standards;
``(ii) be used for purposes for which such assessments are
valid and reliable, be of adequate technical quality for each
purpose required under this Act, be consistent with relevant,
nationally recognized professional and technical standards,
and not evaluate or assess personal or family beliefs or
attitudes;
``(iii) involve multiple measures of student academic
achievement, which may include measures of student academic
growth;
``(iv) provide for--

``(I) the participation in such assessments of all
students;
``(II) the reasonable adaptations and accommodations for
children with disabilities (as defined in section 602(3) of
the Individuals with Disabilities Education Act) necessary to
measure the academic achievement of such children relative to
the challenging State academic standards;
``(III) alternate assessments aligned with grade-level
academic standards, unless the State develops alternate
assessments aligned with alternate academic standards,
consistent with subparagraph (F), for students with the most
significant cognitive disabilities; and
``(IV) the inclusion of children who are English learners,
who shall be assessed in a valid and reliable manner and
provided reasonable accommodations on assessments
administered to such students under this paragraph,
including, to the extent practicable, assessments in the
language and form most likely to yield accurate data on what
such students know and can do in academic content areas,
until such students have achieved English language
proficiency, as determined pursuant to the English language
proficiency standards described in paragraph (1)(F);

``(v) notwithstanding clause (iv)(IV), provide for
assessments (using tests in English) of reading or language
arts of any student who has attended school in the United
States (not including the Commonwealth of Puerto Rico) for 3
or more consecutive school years, except that if the local
educational agency determines, on a case-by-case individual
basis, that assessments in another language or form would
likely yield more accurate and reliable information on what
such student knows and can do, the local educational agency
may make a determination to assess such student in the
appropriate language other than English for a period that
does not exceed 2 additional consecutive years, provided that
such student has not yet reached a level of English language
proficiency sufficient to yield valid and reliable
information on what such student knows and can do on tests
(written in English) of reading or language arts;
``(vi) produce individual student interpretive,
descriptive, and diagnostic reports, consistent with clause
(ii), that allow parents, teachers, and principals or other
school leaders to understand and address the specific
academic needs of students, and include information regarding
achievement on assessments, and that are provided to parents,
teachers, and principals or other school leaders in a timely
manner after the assessment is given, in an understandable
and uniform format;
``(vii) enable results to be disaggregated within each
State, local educational agency, and school, by--

``(I) each major racial and ethnic group;
``(II) economically disadvantaged students as compared to
students who are not economically disadvantaged;
``(III) students with disabilities as compared to
nondisabled students;
``(IV) English proficiency status;
``(V) gender; and
``(VI) migrant status; and

``(viii) produce, at a minimum, annual student achievement
data in mathematics and reading or language arts that is
valid, reliable, of adequate technical quality, and
comparable among all local educational agencies within the
State and that will be used in the State accountability
system under paragraph (3) and to meet reporting requirements
under subsection (d).
``(C) Exception to disaggregation.--Notwithstanding
subparagraph (B)(vii), the disaggregated results of
assessments shall not be required if--
``(i) the number of students in a category described under
subparagraph (B)(vii) is insufficient to yield statistically
reliable information; or
``(ii) the results would reveal personally identifiable
information about an individual student.
``(D) State-designed system.--Each State plan shall provide
a description of its State-designed assessment system, which
may include--
``(i) yearly academic assessments of all students against
the challenging State academic standards in the subjects
required

[[Page S5013]]

under subparagraph (A)(i) and any other subjects as
determined by the State, that are administered--

``(I) in each of grades 3 through 8; and
``(II) at least once in grades 9 through 12;

``(ii) grade-span academic assessments of all students
against the challenging State academic standards in the
subjects required under subparagraph (A)(i) and any other
subjects as determined by the State, that are administered at
least once in--

``(I) grades 3 through 5;
``(II) grades 6 through 9; and
``(III) grades 10 through 12;

``(iii) a combination of yearly academic assessments
described in clause (i) and grade-span academic assessments
described in clause (ii) of all students against the
challenging State academic standards in the subjects required
under subparagraph (A)(i) and any other subjects as
determined by the State;
``(iv) performance-based academic assessments of all
students that may be used in a competency-based education
model that emphasizes mastery of standards and aligned
competencies;
``(v) formative assessments of all students that may be
used to inform teaching and learning;
``(vi) multiple statewide assessments during the course of
the year that can provide a summative score of individual
student academic growth; or
``(vii) any other system of assessments of all students
that meets the requirements of subparagraph (B) and the State
determines is appropriate to meet the purposes of this part.
``(E) Comparable data description.--Each State shall
describe how the annual student achievement data produced, at
a minimum, in mathematics and reading or language arts under
the assessment system described in this paragraph is valid,
reliable, of high-technical quality, and comparable among all
local educational agencies within the State.''.
On page 58, strike lines 16 through 25.
______

SA 2218. Mr. ALEXANDER (for Mr. Paul) submitted an amendment intended
to be proposed to amendment SA 2089 submitted by Mr. Alexander (for
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; which was ordered to lie on the table; as follows:

On page 58, lines 24 and 25, strike ``determinations.'' and
insert ``determinations, except that a State shall allow the
parent of a student to opt such student out of an assessment
required under this paragraph for any reason or no reason at
all and shall not include such student in calculating the
rate of participation under this clause.''.
______

SA 2219. Mr. BURR (for himself and Mr. Bennet) submitted an amendment
intended to be proposed to amendment SA 2089 submitted by Mr. Alexander
(for himself and Mrs. Murray) to the bill S. 1177, to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; which was ordered to lie on the table; as follows:

Strike sections 1009, 1010, and 1011 and insert the
following:

SEC. 1009. ALLOCATIONS.

(a) In General.--Subpart 2 of part A of title I (20 U.S.C.
6331 et seq.) is amended--
(1) by striking sections 1122, 1124A, 1125, 1125AA, and
1125A;
(2) by redesignating section 1121 as section 1122;
(3) by redesignating section 1124 as section 1121, and
transferring such section so as to precede section 1122 (as
redesignated by paragraph (2));
(4) in section 1121, as redesignated and transferred by
paragraph (3)--
(A) by striking the section heading and all that follows
through ``(c) Children To Be Counted.--'' and inserting the
following:

``SEC. 1121. DEFINITIONS; CHILDREN TO BE COUNTED.

``(a) Definitions.--In this subpart:
``(1) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``(2) High poverty percentage local educational agency.--
The term `high poverty percentage local educational agency'
means a local educational agency for which the number of
children determined under subsection (b) for a fiscal year is
20 percent or more of the total population aged 5 to 17,
inclusive, of the local educational agency for such fiscal
year.
``(b) Children to Be Counted.--For purposes of section
1123, the number of children to be counted shall be
determined in accordance with the following:''; and
(B) by striking subsection (d);
(5) in section 1122(b)(3)(C)(ii), as redesignated by
paragraph (2), by striking ``challenging State academic
content standards'' and inserting ``challenging State
academic standards'';
(6) by inserting after section 1122, as redesignated by
paragraph (2), the following:

``SEC. 1123. EQUITY GRANTS.

``(a) Authorization.--From funds appropriated under section
1002(a) for a fiscal year and not reserved under section
1122, the Secretary is authorized to make grants to States,
from allotments under subsection (b), to carry out the
programs and activities of this part.
``(b) Distribution Based Upon Concentrations of Poverty.--
``(1) In general.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), funds appropriated pursuant to subsection (a) for a
fiscal year shall be allotted to each State based upon the
number of children counted under section 1121(b) in such
State multiplied by the product of--
``(i) 40 percent of the average per-pupil expenditure in
the United States (other than the Commonwealth of Puerto
Rico); multiplied by
``(ii) 1.30 minus such State's equity factor described in
paragraph (2).
``(B) Puerto rico.--For each fiscal year, the Secretary
shall allot to the Commonwealth of Puerto Rico an amount of
the funds appropriated under subsection (a) that bears the
same relation to the total amount of funds appropriated under
such subsection as the amount that the Commonwealth of Puerto
Rico received under this subpart for fiscal year 2015 bears
to the total amount received by all States for such fiscal
year.
``(C) State minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State (except for
Puerto Rico) shall be allotted at least the lesser of--
``(i) 0.35 percent of the total amount available to carry
out this section for such fiscal year; or
``(ii) the average of--

``(I) 0.35 percent of such total amount for such fiscal
year; and
``(II) 150 percent of the national average grant under this
section per child described in section 1121(b), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1121(b),
without application of a weighting factor.

``(2) Equity factor.--
``(A) Determination.--
``(i) In general.--Except as provided in subparagraph (B),
the Secretary shall determine the equity factor under this
section for each State in accordance with clause (ii).
``(ii) Computation.--

``(I) In general.--For each State, the Secretary shall
compute a weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in accordance with
subclauses (II), (III), and (IV).
``(II) Variation.--In computing coefficients of variation,
the Secretary shall weigh the variation between per-pupil
expenditures in each local educational agency and the average
per-pupil expenditures in the State according to the number
of pupils served by the local educational agency.
``(III) Number of pupils.--In determining the number of
pupils under this paragraph served by each local educational
agency and in each State, the Secretary shall multiply the
number of children counted under section 1121(b) by a factor
of 1.4.
``(IV) Enrollment requirement.--In computing coefficients
of variation, the Secretary shall include only those local
educational agencies with an enrollment of more than 200
students.

``(B) Special rule.--The equity factor for a State that
meets the disparity standard described in section 222.162 of
title 34, Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of the No
Child Left Behind Act of 2001) or a State with only one local
educational agency shall be not greater than 0.10.
``(c) Use of Funds; Eligibility of Local Educational
Agencies.--All funds awarded to each State under this section
shall be allocated to local educational agencies under the
following provisions:
``(1) Distribution within local educational agencies.--
Within local educational agencies, funds allocated under this
section shall be distributed to schools on a basis consistent
with section 1113, and may only be used to carry out
activities under this part.
``(2) Eligibility for grant.--A local educational agency in
a State is eligible to receive a grant under this section for
any fiscal year if--
``(A) the number of children in the local educational
agency counted under section 1121(b), before application of
the weighted child count described in subsection (d), is at
least 10; and
``(B) if the number of children counted for grants under
section 1121(b), before application of the weighted child
count described in subsection (d), is at least 5 percent of
the total number of children aged 5 to 17 years, inclusive,
in the school district of the local educational agency.
``(d) Allocation of Funds to Eligible Local Educational
Agencies.--
``(1) In general.--Funds received by States under this
section for a fiscal year shall be allocated within States to
eligible local educational agencies on the basis of weighted
child counts calculated in accordance with paragraph (2),
(3), or (4), as appropriate for each State.
``(2) States with an equity factor less than .10.--
``(A) In general.--In States with an equity factor less
than .10, the weighted child counts referred to in paragraph
(1) for a fiscal year shall be the larger of the two amounts
determined under subparagraphs (B) and (C).

[[Page S5014]]

``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 1.75;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more than 29.11 percent, of such
population, multiplied by 2.5;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 3.25; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 4.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 1.5;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 2.0; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 2.0; or
``(II) in the case of a high poverty percentage local
educational agency--

``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 2.5; and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 3.0.

``(3) States with an equity factor greater than or equal to
.10 and less than .20.--
``(A) In general.--In States with an equity factor greater
than or equal to .10 and less than .20, the weighted child
counts referred to in paragraph (1) for a fiscal year shall
be the larger of the two amounts determined under
subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 1.5;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more than 29.11 percent, of such
population, multiplied by 3.0;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 4.5; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 6.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 1.5;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 2.25; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 2.25; or
``(II) in the case of a high poverty percentage local
educational agency--

``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 3.375;
and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 4.5.

``(4) States with an equity factor greater than or equal to
.20.--
``(A) In general.--In States with an equity factor greater
than or equal to .20, the weighted child counts referred to
in paragraph (1) for a fiscal year shall be the larger of the
two amounts determined under subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 2.0;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more than 29.11 percent, of such
population, multiplied by 4.0;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 6.0; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 8.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1121(b) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 2.0;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 3.0; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 3.0; or
``(II) in the case of a high poverty percentage local
educational agency--

``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 4.5; and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 6.0.

``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive its full
allotment of funds under this section for any fiscal year if
the Secretary finds that the State's fiscal effort per
student or the aggregate expenditures of the State with
respect to the provision of free public education by the
State for the preceding fiscal year was not less than 90
percent of the fiscal effort or aggregate expenditures for
the second preceding fiscal year, subject to the requirements
of paragraph (2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
the allotment of funds under this section in any fiscal year
in the exact proportion by which a State fails to meet the
requirement of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), if such
State has also failed to meet such requirement (as determined
using the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive the requirements of
this subsection if the Secretary determines that a waiver
would be equitable due to--
``(A) exceptional or uncontrollable circumstances, such as
a natural disaster or a change in the organizational
structure of the State; or
``(B) a precipitous decline in the financial resources of
the State.
``(f) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this section
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under this section for such year, the Secretary shall
ratably reduce the allocations to such local educational
agencies, subject to paragraphs (2) and (3).
``(2) Additional funds.--If additional funds become
available for making payments under this section for such
fiscal year, allocations that were reduced under paragraph
(1) shall be increased on the same basis as they were
reduced.
``(3) Hold harmless amounts.--
``(A) In general.--For each fiscal year, if sufficient
funds are available, the amount made available to each local
educational agency under this section shall be--
``(i) not less than 95 percent of the amount made available
for the preceding fiscal year if the number of children
counted under section 1121(b) is equal to or more than 30
percent of the total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
``(ii) not less than 90 percent of the amount made
available for the preceding fiscal year if the percentage
described in clause (i) is less than 30 percent and equal to
or more than 15 percent; and
``(iii) not less than 85 percent of the amount made
available for the preceding fiscal year if the percentage
described in clause (i) is less than 15 percent.
``(B) Special transition rule.--Notwithstanding any other
provision of this subsection, for the first fiscal year after
the date of enactment of the Every Child Achieves Act of
2015, subparagraph (A) shall apply based on the amounts
received under sections 1124, 1124A, 1125, and 1125A, as in
effect on the day before the date of enactment of the Every
Child Achieves Act of 2015.
``(C) Additional flexibility.--Notwithstanding subparagraph
(A) or subsection (d), for each fiscal year, a State may
elect to make allocations for all local educational agencies
in the State in accordance with 1 of the following:

[[Page S5015]]

``(i) Allocations based on 2015 funding.--If, for a fiscal
year, the State receives an allotment under this section in
an amount that exceeds the sum of the allocations for all
local educational agencies in the State under this subpart
for fiscal year 2015, as such subpart was in effect on the
day before the date of enactment of the Every Child Achieves
Act of 2015, the State may elect to make an allocation to
each local educational agency in the State that would
otherwise receive an allocation that is less than the
allocation received under this subpart by the local
educational agency for 2015 (including each local educational
agency not otherwise eligible for such allocation under
subsection (c) or (d)) in an amount that--

``(I) exceeds the allocation the local educational agency
would receive under subsection (d); and
``(II) is not more than the amount of the allocation for
the local educational agency under this subpart for fiscal
year 2015.

``(ii) Allocations based on funds for sections 1122, 1124,
1124a, 1125, and 1125a.--If, for a fiscal year, a State
receives an allotment under this section in an amount that
exceeds the sum of the allocations that all local educational
agencies in the State would have received for such fiscal
year under sections 1122, 1124, 1124A, 1125, and 1125A, as
such sections were in effect on the day before the date of
enactment of the Every Child Achieves Act of 2015, the State
may elect to make allocations to each local educational
agency in the State (including any local educational agency
not otherwise eligible for such allocation under subsection
(c) or (d)), in an amount that equals the amount of the
allocation that the local educational agency would have
received for such year in accordance with sections 1122,
1124, 1124A, 1125, and 1125A, as in effect on the day before
the date of enactment of the Every Child Achieves Act of
2015.
``(D) Distribution of additional funds.--In any case where
a State elects to allocate funds under this subpart for a
fiscal year in accordance with clause (i) or (ii) of
subparagraph (C), the State shall allocate, in accordance
with subsection (d), all funds in excess of the amounts
necessary to carry out such clause to the local educational
agencies in the State that would receive a greater amount of
such funds under subsection (d) than received under such
clause.
``(4) Applicability.--Notwithstanding any other provision
of law, the Secretary shall not take into consideration the
hold-harmless provisions of this subsection for any fiscal
year for purposes of calculating State or local allocations
for the fiscal year under any program administered by the
Secretary other than a program authorized under this part.'';
(7) by redesignating sections 1126 and 1127 as sections
1124 and 1125, respectively;
(8) in section 1124, as redesignated by paragraph (7)--
(A) by striking ``sections 1124, 1124A, 1125, and 1125A''
each place the term appears and inserting ``section 1123'';
and
(B) in subsection (a)(1), by striking ``section
1124(c)(1)(B)'' and inserting ``section 1121(b)(1)(B)''.
______

SA 2220. Ms. HIRONO submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

On page 616 strike line 6 and all that follows through line
24.
______

SA 2221. Ms. HIRONO submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

Beginning on page 628, strike line 24 and all that follows
through page 629, line 24.
______

SA 2222. Mr. MANCHIN (for himself and Ms. Ayotte) submitted an
amendment intended to be proposed to amendment SA 2089 submitted by Mr.
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to
reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves; which was ordered to lie on the
table; as follows:

On page 69, between lines 16 and 17, insert the following:
``(N) if applicable, how the State educational agency will
provide support to local educational agencies for the
education of children facing substance abuse in the home,
which may include how such agency will provide professional
development, training, and technical assistance to local
educational agencies, elementary schools, and secondary
schools in communities with high rates of substance abuse;
and''.
______

SA 2223. Mr. DONNELLY (for himself and Mr. Reed) submitted an
amendment intended to be proposed to amendment SA 2089 submitted by Mr.
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to
reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves; which was ordered to lie on the
table; as follows:

On page 343, line 17, by inserting ``economics,'' before
``and geography''.
On page 344, line 5, by inserting ``economics,'' before
``and geography''.
On page 344, line 18, by inserting ``economics,'' before
``and geography''.
On page 345, line 23, by striking ``geography, and civics''
and inserting ``civics, economics, and geography''.
______

SA 2224. Mr. BOOKER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed to amendment SA 2089 submitted by Mr.
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to
reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves; which was ordered to lie on the
table; as follows:

On page 306, after line 23, add the following:
``(V) regularly conducting, and publicly reporting the
results of, an assessment and a plan to address such results,
of educator support and working conditions that--
``(i) evaluates supports for teachers, leaders, and other
school personnel, such as--

``(I) teacher and principal perceptions of availability of
high-quality professional development and instructional
materials;
``(II) timely availability of data on student academic
achievement and growth;
``(III) the presence of high-quality instructional
leadership; and
``(IV) opportunities for professional growth, such as
career ladders and mentoring and induction programs;

``(ii) evaluates working conditions for teachers, leaders
and other school personnel, such as--

``(I) school safety and climate;
``(II) availability and use of common planning time and
opportunities to collaborate; and
``(III) community engagement; and

``(iii) is developed with teachers, leaders, other school
personnel, parents, students, and the community; and
______

SA 2225. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

On page 111, between lines 24 and 25, insert the following:
``(2) Testing transparency.--
``(A) In general.--Subject to subparagraph (B), each local
educational agency that receives funds under this part shall
make widely available through public means (including by
posting in a clear and easily accessible manner on the local
educational agency's website and, where practicable, on the
website of each school served by the local educational
agency) for each grade served by the local educational
agency, information on each assessment required by the State
to comply with section 1111, other assessments required by
the State, and where such information is available and
feasible to report, assessments required districtwide by the
local educational agency, including--
``(i) the subject matter assessed;
``(ii) the purpose for which the assessment is designed and
used;
``(iii) the source of the requirement for the assessment;
and
``(iv) where such information is available--

``(I) the amount of time students will spend taking the
assessment, and the schedule and calendar for the assessment;
and
``(II) the time and format for disseminating results.

``(B) Local educational agency that does not operate a
website.--In the case of a local educational agency that does
not operate a website, such local educational agency shall
determine how to make the information described in
subparagraph (A) widely available, such as through
distribution of that information to the media, through public
agencies, or directly to parents.
______

SA 2226. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 4006. INCREASING THE NUMBER OF SCHOOL NURSES.

Title IV (20 U.S.C. 7101 et seq.), as amended by sections
4001, 4004, and 4005 is further amended by adding at the end
the following:

``PART E--SCHOOL NURSES

``SEC. 4501. INCREASING THE NUMBER OF SCHOOL NURSES.

``(a) Definitions.--In this section:
``(1) Acuity.--The term `acuity', when used with respect to
a level, means the level of a patient's sickness, such as a
chronic condition, which influences the need for nursing
care.

[[Page S5016]]

``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency in which not less than 20
percent of the children are eligible to participate in the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.); or
``(B) a consortium of local educational agencies described
in subparagraph (A).
``(3) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given such
term in section 2002(b)(2).
``(4) Nurse.--The term `nurse' means a registered nurse, as
defined under State law.
``(5) Workload.--The term `workload', when used with
respect to a nurse, means the amount of time the nurse takes
to provide care and complete the other tasks for which the
nurse is responsible.
``(b) Demonstration Grant Program Authorized.--From amounts
appropriated to carry out this section, the Secretary of
Education, in consultation with the Secretary of Health and
Human Services and the Director of the Centers for Disease
Control and Prevention, shall award demonstration grants, on
a competitive basis, to eligible entities to pay the Federal
share of the costs of increasing the number of school nurses
in the public elementary schools and secondary schools served
by the eligible entity, which may include hiring a school
nurse to serve schools in multiple school districts.
``(c) Applications.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include information with respect to the current (as
of the date of application) number of school nurses, student
health acuity levels, and workload of school nurses in each
of the public elementary schools and secondary schools served
by the eligible entity.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to each application submitted
by an eligible entity that--
``(1) is a high-need local educational agency or a
consortium composed of high-need local educational agencies;
and
``(2) demonstrates--
``(A) the greatest need for new or additional nursing
services among students in the public elementary schools and
secondary schools served by the agency or consortium; or
``(B) that the eligible entity does not have a school nurse
in any of the public elementary schools and secondary schools
served by the eligible entity.
``(e) Federal Share; Non-Federal Share.--
``(1) Federal share.--The Federal share of a grant under
this section--
``(A) shall not exceed 75 percent for each year of the
grant; and
``(B) in the case of a multi-year grant, shall decrease for
each succeeding year of the grant, in order to ensure the
continuity of the increased hiring level of school nurses
using State or local sources of funding following the
conclusion of the grant.
``(2) Non-federal share.--The non-Federal share of a grant
under this section may be in cash or in-kind, and may be
provided from State resources, local resources, contributions
from private organizations, or a combination thereof.
``(3) Waiver.--The Secretary may waive or reduce the non-
Federal share of an eligible entity receiving a grant under
this section if the eligible entity demonstrates an economic
hardship.
``(f) Report.--Not later than 2 years after the date on
which a grant is first made to a local educational agency
under this section, the Secretary shall submit to Congress a
report on the results of the demonstration grant program
carried out under this section, including an evaluation of--
``(1) the effectiveness of the program in increasing the
number of school nurses; and
``(2) the impact of any resulting enhanced health of
students on learning, such as academic achievement,
attendance, and classroom time.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2016
through 2020.''.
______

SA 2227. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 10202. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999
REAUTHORIZATION.

(a) Definitions.--Section 3 of the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891a) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``Local'' and
inserting ``Educational service agency; local''; and
(B) by striking ``The terms'' and inserting ``The terms
`educational service agency',''; and
(2) in paragraph (2), by striking ``section 1113(a)(2)''
and inserting ``section 1113(a)(1)(B)''.
(b) General Provisions.--Section 4 of the Education
Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is
amended to read as follows:

``SEC. 4. EDUCATION FLEXIBILITY PROGRAM.

``(a) Educational Flexibility Program.--
``(1) Program authorized.--
``(A) In general.--The Secretary may carry out an
educational flexibility program under which the Secretary
authorizes a State educational agency that serves an eligible
State to waive statutory or regulatory requirements
applicable to one or more programs described in subsection
(b), other than requirements described in subsection (c), for
any local educational agency, educational service agency, or
school within the State.
``(B) Designation.--Each eligible State participating in
the program described in subparagraph (A) shall be known as
an `Ed-Flex Partnership State'.
``(2) Eligible state.--For the purpose of this section, the
term `eligible State' means a State that--
``(A) has--
``(i) developed and implemented the challenging State
academic standards, and aligned assessments, described in
paragraphs (1) and (2) of section 1111(b) of the Elementary
and Secondary Education Act of 1965, and is producing the
report cards required by section 1111(d)(2) of such Act; or
``(ii) if the State has adopted new challenging State
academic standards under section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965, as a result of the
amendments made to such Act by the Every Child Achieves Act
of 2015, and has made substantial progress (as determined by
the Secretary) toward developing and implementing such
standards and toward producing the report cards required
under section 1111(d)(2) of such Act;
``(B) will hold local educational agencies, educational
service agencies, and schools accountable for meeting the
educational goals described in the local applications
submitted under paragraph (4) and for engaging in technical
assistance and, as applicable and appropriate, intervention
and support strategies consistent with section 1114 of the
Elementary and Secondary Education Act of 1965, for the
schools that are identified as in need of intervention and
support as described in section 1111(b)(3) of such Act; and
``(C) waives State statutory or regulatory requirements
relating to education while holding local educational
agencies, educational service agencies, or schools within the
State that are affected by such waivers accountable for the
performance of the students who are affected by such waivers.
``(3) State application.--
``(A) In general.--Each State educational agency desiring
to participate in the educational flexibility program under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require. Each such application
shall demonstrate that the eligible State has adopted an
educational flexibility plan for the State that includes--
``(i) a description of the process the State educational
agency will use to evaluate applications from local
educational agencies, educational service agencies, or
schools requesting waivers of--

``(I) Federal statutory or regulatory requirements as
described in paragraph (1)(A); and
``(II) State statutory or regulatory requirements relating
to education;

``(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the State
educational agency will waive;
``(iii) a description of clear educational objectives the
State intends to meet under the educational flexibility plan,
which may include innovative methods to leverage resources to
improve program efficiencies that benefit students;
``(iv) a description of how the educational flexibility
plan is coordinated with activities described in section
1111(b) of the Elementary and Secondary Education Act of 1965
and section 1114 of such Act;
``(v) a description of how the State educational agency
will evaluate (consistent with the requirements of title I of
the Elementary and Secondary Education Act of 1965), the
performance of students in the schools, educational service
agencies, and local educational agencies affected by the
waivers; and
``(vi) a description of how the State educational agency
will meet the requirements of paragraph (7).
``(B) Approval and considerations.--
``(i) In general.--By not later than 90 days after the date
on which a State has submitted an application described in
subparagraph (A), the Secretary shall issue a written
decision that explains why such application has been approved
or disapproved, and the process for revising and resubmitting
the application for reconsideration.
``(ii) Approval.--The Secretary may approve an application
described in subparagraph (A) only if the Secretary
determines

[[Page S5017]]

that such application demonstrates substantial promise of
assisting the State educational agency and affected local
educational agencies, educational service agencies, and
schools within the State in carrying out comprehensive
educational reform, after considering--

``(I) the eligibility of the State as described in
paragraph (2);
``(II) the comprehensiveness and quality of the educational
flexibility plan described in subparagraph (A);
``(III) the ability of the educational flexibility plan to
ensure accountability for the activities and goals described
in such plan;
``(IV) the degree to which the State's objectives described
in subparagraph (A)(iii)--

``(aa) are clear and have the ability to be assessed; and
``(bb) take into account the performance of local
educational agencies, educational service agencies, or
schools, and students, particularly those affected by
waivers;

``(V) the significance of the State statutory or regulatory
requirements relating to education that will be waived; and
``(VI) the quality of the State educational agency's
process for approving applications for waivers of Federal
statutory or regulatory requirements as described in
paragraph (1)(A) and for monitoring and evaluating the
results of such waivers.

``(4) Local application.--
``(A) In general.--Each local educational agency,
educational service agency, or school requesting a waiver of
a Federal statutory or regulatory requirement as described in
paragraph (1)(A) and any relevant State statutory or
regulatory requirement from a State educational agency 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 reasonably require. Each such
application shall--
``(i) indicate each Federal program affected and each
statutory or regulatory requirement that will be waived;
``(ii) describe the purposes and overall expected results
of waiving each such requirement, which may include
innovative methods to leverage resources to improve program
efficiencies that benefit students;
``(iii) describe, for each school year, specific,
measurable, educational goals for each local educational
agency, educational service agency, or school affected by the
proposed waiver, and for the students served by the local
educational agency, educational service agency, or school who
are affected by the waiver;
``(iv) explain why the waiver will assist the local
educational agency, educational service agency, or school in
reaching such goals; and
``(v) in the case of an application from a local
educational agency or educational service agency, describe
how the agency will meet the requirements of paragraph (7).
``(B) Evaluation of applications.--A State educational
agency shall evaluate an application submitted under
subparagraph (A) in accordance with the State's educational
flexibility plan described in paragraph (3)(A).
``(C) Approval.--A State educational agency shall not
approve an application for a waiver under this paragraph
unless--
``(i) the local educational agency, educational service
agency, or school requesting such waiver has developed a
local reform plan that--

``(I) is applicable to such agency or school, respectively;
and
``(II) may include innovative methods to leverage resources
to improve program efficiencies that benefit students;

``(ii) the waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A) will assist the
local educational agency, educational service agency, or
school in reaching its educational goals, particularly goals
with respect to school and student performance; and
``(iii) the State educational agency is satisfied that the
underlying purposes of the statutory requirements of each
program for which a waiver is granted will continue to be
met.
``(D) Termination.--The State educational agency shall
annually review the performance of any local educational
agency, educational service agency, or school granted a
waiver of Federal statutory or regulatory requirements as
described in paragraph (1)(A) in accordance with the
evaluation requirement described in paragraph (3)(A)(v), and
shall terminate or temporarily suspend any waiver granted to
the local educational agency, educational service agency, or
school if the State educational agency determines, after
notice and an opportunity for a hearing, that--
``(i) there is compelling evidence of systematic waste,
fraud, or abuse;
``(ii) the performance of the local educational agency,
educational service agency, or school with respect to meeting
the accountability requirement described in paragraph (2)(C)
and the goals described in paragraph (4)(A)(iii) has been
inadequate to justify continuation of such waiver;
``(iii) student achievement in the local educational
agency, educational service agency, or school has decreased;
or
``(iv) goals established by the State under section
1111(b)(3) of the Elementary and Secondary Education Act of
1965 have not been met.
``(5) Oversight and reporting.--
``(A) Oversight.--Each State educational agency
participating in the educational flexibility program under
this section shall annually monitor the activities of local
educational agencies, educational service agencies, and
schools receiving waivers under this section.
``(B) State reports.--
``(i) Annual reports.--The State educational agency shall
submit to the Secretary an annual report on the results of
such oversight and the impact of the waivers on school and
student performance.
``(ii) Performance data.--Not later than 2 years after the
date a State is designated an Ed-Flex Partnership State, each
such State shall include, as part of the State's annual
report submitted under clause (i), data demonstrating the
degree to which progress has been made toward meeting the
State's educational objectives. The data, when applicable,
shall include--

``(I) information on the total number of waivers granted
for Federal and State statutory and regulatory requirements
under this section, including the number of waivers granted
for each type of waiver;
``(II) information describing the effect of the waivers on
the implementation of State and local educational reforms
pertaining to school and student performance;
``(III) information describing the relationship of the
waivers to the performance of schools and students affected
by the waivers; and
``(IV) an assurance from State program managers that the
data reported under this section are reliable, complete, and
accurate, as defined by the State, or a description of a plan
for improving the reliability, completeness, and accuracy of
such data as defined by the State.

``(C) Secretary's reports.--The Secretary shall annually--
``(i) make each State report submitted under subparagraph
(B) available to Congress and the public; and
``(ii) submit to Congress a report that summarizes the
State reports and describes the effects that the educational
flexibility program under this section had on the
implementation of State and local educational reforms and on
the performance of students affected by the waivers.
``(6) Duration of federal waivers.--
``(A) In general.--
``(i) Duration.--The Secretary shall approve the
application of a State educational agency under paragraph (3)
for a period of not more than 5 years.
``(ii) Automatic extension during review.--The Secretary
shall automatically extend the authority of a State to
continue as an Ed-Flex Partnership State until the Secretary
has--

``(I) completed the performance review of the State
educational agency's education flexibility plan as described
in subparagraph (B); and
``(II) issued a final decision of any pending request for
renewal that was submitted by the State educational agency.

``(iii) Extension of approval.--The Secretary may extend
the authority of a State to continue as an Ed-Flex
Partnership State if the Secretary determines that the
authority of the State educational agency to grant waivers--

``(I) has been effective in enabling such State or affected
local educational agencies, educational service agencies, or
schools to carry out their State or local reform plans and to
continue to meet the accountability requirement described in
paragraph (2)(C); and
``(II) has improved student performance.

``(B) Performance review.--
``(i) In general.--Following the expiration of an approved
educational flexibility program for a State that is
designated an Ed-Flex Partnership State, the Secretary shall
have not more than 180 days to complete a review of the
performance of the State educational agency in granting
waivers of Federal statutory or regulatory requirements as
described in paragraph (1)(A) to determine if the State
educational agency--

``(I) has achieved, or is making substantial progress
towards achieving, the objectives described in the
application submitted pursuant to paragraph (3)(A)(iii) and
the specific goals established in section 1111(b)(3) of the
Elementary and Secondary Education Act of 1965; and
``(II) demonstrates that local educational agencies,
educational service agencies, or schools affected by the
waiver authority or waivers have achieved, or are making
progress toward achieving, the desired results described in
the application submitted pursuant to paragraph (4)(A)(iii).

``(ii) Termination of authority.--The Secretary shall
terminate the authority of a State educational agency to
grant waivers of Federal statutory or regulatory requirements
as described in paragraph (1)(A) if the Secretary determines,
after providing the State educational agency with notice and
an opportunity for a hearing, that such agency's performance
has been inadequate to justify continuation of such authority
based on agency's performance against specific goals in
section 1111(b)(3) of the Elementary and Secondary Education
Act of 1965.
``(C) Renewal.--
``(i) In general.--Each State educational agency desiring
to renew an approved educational flexibility program under
this section shall submit a request for renewal to the
Secretary not later than the date of expiration of the
approved educational flexibility program.

[[Page S5018]]

``(ii) Timing for renewal.--The Secretary shall either
approve or deny the request for renewal by not later than 90
days after completing the performance review of the State
described in paragraph (6)(B).
``(iii) Determination.--In deciding whether to extend a
request of a State educational agency for the authority to
issue waivers under this section, the Secretary shall review
the progress of the State educational agency to determine if
the State educational agency--

``(I) has made progress toward achieving the objectives
described in the State application submitted pursuant to
paragraph (3)(A)(iii); and
``(II) demonstrates in the request that local educational
agencies, educational service agencies, or schools affected
by the waiver authority or waivers have made progress toward
achieving the desired results described in the local
application submitted pursuant to paragraph (4)(A)(iii).

``(D) Termination.--
``(i) In general.--The Secretary shall terminate or
temporarily suspend the authority of a State educational
agency to grant waivers under this section if the Secretary
determines that--

``(I) there is compelling evidence of systematic waste,
fraud or abuse; or
``(II) after notice and an opportunity for a hearing, such
agency's performance (including performance with respect to
meeting the objectives described in paragraph (3)(A)(iii))
has been inadequate to justify continuation of such
authority.

``(ii) Limited compliance period.--A State whose authority
to grant such waivers has been terminated shall have not more
than 1 additional fiscal year to come into compliance in
order to seek renewal of the authority to grant waivers under
this section.
``(7) Public notice and comment.--Each State educational
agency seeking waiver authority under this section and each
local educational agency, educational service agency, or
school seeking a waiver under this section--
``(A) shall provide the public with adequate and efficient
notice of the proposed waiver authority or waiver, consisting
of a description of the agency's application for the proposed
waiver authority or waiver on each agency's website,
including a description of any improved student performance
that is expected to result from the waiver authority or
waiver;
``(B) shall provide the opportunity for parents, educators,
school administrators, and all other interested members of
the community to comment regarding the proposed waiver
authority or waiver;
``(C) shall provide the opportunity described in
subparagraph (B) in accordance with any applicable State law
specifying how the comments may be received, and how the
comments may be reviewed by any member of the public; and
``(D) shall submit the comments received with the
application of the agency or school to the Secretary or the
State educational agency, as appropriate.
``(b) Included Programs.--The statutory or regulatory
requirements referred to in subsection (a)(1)(A) are any such
requirements for programs that are authorized under the
following provisions and under which the Secretary provides
funds to State educational agencies on the basis of a
formula:
``(1) The following provisions of the Elementary and
Secondary Education Act of 1965:
``(A) Part A of title I (other than sections 1111 and
1114).
``(B) Part C of title I.
``(C) Part D of title I.
``(D) Part A of title II.
``(E) Part G of title V.
``(2) Title VII of the McKinney-Vento Homeless Assistance
Act. (42 U.S.C. 11301 et seq.).
``(3) The Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.).
``(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A)
any statutory or regulatory requirement--
``(1) relating to--
``(A) maintenance of effort;
``(B) comparability of services;
``(C) equitable participation of students and professional
staff in private schools;
``(D) parental participation and involvement;
``(E) distribution of funds to States or to local
educational agencies;
``(F) serving eligible school attendance areas in rank
order under section 1113(a)(1)(C) of the Elementary and
Secondary Education Act of 1965;
``(G) the selection of a school attendance area or school
under paragraphs (1) and (2) of section 1113(a) of the
Elementary and Secondary Education Act of 1965, except that a
State educational agency may grant a waiver to allow a school
attendance area or school to participate in activities under
part A of title I of such Act if the percentage of children
from low-income families in the school attendance area of
such school or who attend such school is not less than 10
percentage points below the lowest percentage of such
children for any school attendance area or school of the
local educational agency that meets the requirements of such
paragraphs (1) and (2);
``(H) use of Federal funds to supplement, not supplant,
non-Federal funds; and
``(I) applicable civil rights requirements; and
``(2) unless the State educational agency can demonstrate
that the underlying purposes of the statutory requirements of
the program for which a waiver is granted continue to be met
to the satisfaction of the Secretary.
``(d) Treatment of Existing Ed-flex Partnership States.--
``(1) In general.--Any designation of a State as an Ed-Flex
Partnership State that was in effect on the date of enactment
of this Act shall be immediately extended for a period of not
more than 5 years, if the Secretary makes the determination
described in paragraph (2).
``(2) Determination.--The determination referred to in
paragraph (1) is a determination that the performance of the
State educational agency, in carrying out the programs for
which the State has received a waiver under the educational
flexibility program, justifies the extension of the
designation.
``(e) Publication.--A notice of the Secretary's decision to
authorize State educational agencies to issue waivers under
this section, including a description of the rationale the
Secretary used to approve applications under subsection
(a)(3)(B), shall be published in the Federal Register and the
Secretary shall provide for the dissemination of such notice
to State educational agencies, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.''.
______

SA 2228. Mr. THUNE (for himself, Mr. Barrasso, Ms. Heitkamp, and Mr.
Heinrich) submitted an amendment intended to be proposed to amendment
SA 2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the
bill S. 1177, to reauthorize the Elementary and Secondary Education Act
of 1965 to ensure that every child achieves; which was ordered to lie
on the table; as follows:

At the end of title VII of the amendment, add the
following:

SEC. 7___. ACCESS TO FEDERAL INSURANCE.

Section 409 of the Indian Health Care Improvement Act (25
U.S.C. 1647b) is amended by inserting ``or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)''
after ``(25 U.S.C. 450 et seq.)''.

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