II
110th CONGRESS
1st Session
S. 1775
IN THE SENATE OF THE UNITED STATES
July 12, 2007
Mr. Burr (for himself and Mr. Gregg) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that no child is left behind.
Short title
This Act may be cited as
the No Child Left Behind Act of
2007
.
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.
TITLE I—Improving the academic achievement of the disadvantaged
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement.
Part A—Improving basic programs operated by local educational agencies
Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Schoolwide programs.
Sec. 1114. Targeted assistance schools.
Sec. 1115. Academic assessment and local educational agency and school improvement.
Sec. 1116. School support and recognition.
Sec. 1117. Parental involvement.
Sec. 1118. Qualifications for teachers and paraprofessionals.
Sec. 1119. Grants for the outlying areas and the Secretary of the Interior.
Sec. 1120. Allocations to States.
Sec. 1121. Basic grants to local educational agencies.
Sec. 1122. Education finance incentive grant program.
Part B—Student reading skills improvement grants
SUBPART 1—Reading first
Sec. 1201. Formula grants to State educational agencies.
Sec. 1202. State formula grant applications.
Sec. 1203. Targeted assistance grants.
Sec. 1204. External evaluation.
Sec. 1205. National activities.
Sec. 1206. Prohibition of Federal Government intervention.
SUBPART 2—Early Reading first
Sec. 1221. Evaluation.
SUBPART 3—Striving Readers
Sec. 1231. Striving Readers.
SUBPART 4—Improving literacy through school libraries
Sec. 1241. Improving literacy through school libraries.
Part C—Education of migratory children
Sec. 1301. Program purpose.
Sec. 1302. State allocations.
Sec. 1303. State applications; services.
Sec. 1304. Comprehensive needs assessment.
Sec. 1305. Coordination of migrant education activities.
Sec. 1306. Evaluation and study.
Part D—Prevention and Intervention Programs for Children and Youth who are neglected, delinquent, or at-risk
Sec. 1401. Allocation of funds.
Sec. 1402. Career education.
Part E—National assessment of title I
Sec. 1501. Evaluations.
Sec. 1502. Assessment evaluation.
Sec. 1503. Close up fellowship program.
Part F—Math now
Sec. 1601. Math Now.
Part G—Advanced placement programs
Sec. 1701. Purposes.
Sec. 1702. Advanced Placement incentive program grants.
Sec. 1703. Supplement, not supplant.
Part H—Secondary School Graduation
Sec. 1801. Secondary school graduation.
Part I—General Provisions
Sec. 1901. Local educational agency spending audits.
Sec. 1902. State report on dropout data.
Sec. 1903. Regulations for sections 1111 and 1116.
TITLE II—Preparing, training, and recruiting high quality teachers and principals
Part A—Teacher and principal training and recruiting fund
Sec. 2101. Purpose.
Sec. 2102. Authorizations of appropriations.
Sec. 2103. State applications and needs assessment.
Sec. 2104. State use of funds.
Sec. 2105. Local applications and needs assessment.
Sec. 2106. Local use of funds.
Sec. 2107. Definitions.
Sec. 2108. National activities of demonstrated effectiveness.
Part B—Mathematics and science partnerships
Sec. 2201. Allocation of funds.
Sec. 2202. Authorization of appropriations.
Part C—Innovation for teacher quality
Sec. 2301. Definitions.
Sec. 2302. Authorization of troops-to-teachers program.
Sec. 2303. Recruitment and selection or program participants.
Sec. 2304. Participation agreement and financial assistance.
Sec. 2305. Participation by States.
Sec. 2306. Support of innovative preretirement teacher certification programs.
Sec. 2307. Reporting requirements.
Sec. 2308. Transition to teaching grant program.
Sec. 2309. General provisions authorization of appropriations.
Sec. 2310. National writing project.
Sec. 2311. Civic education general authority.
Sec. 2312. We the people program.
Sec. 2313. Close Up fellowship program.
Sec. 2314. Teaching of traditional American history.
Sec. 2315. Appropriations for teaching of traditional American history.
Sec. 2316. Teacher incentive fund program; adjunct teacher corps.
Part D—Enhancing education through technology
Sec. 2401. Authorization of appropriations.
Sec. 2402. Allotment and reallotment.
Sec. 2403. Applications.
Sec. 2404. Local activities.
Sec. 2405. National technology activities.
Sec. 2406. National education technology plan.
Sec. 2407. Ready-to-learn television.
TITLE III—Language instruction for limited English proficient and immigrant children
Sec. 3101. Authorization of appropriations.
Part A—English language acquisition, language enhancement, and academic achievement act
Sec. 3111. Purposes.
SUBPART 1—Grants and subgrants for english language acquisition and language enhancement
Sec. 3115. Formula grants to States.
Sec. 3116. Subgrants to eligible entities.
Sec. 3117. Local plans.
SUBPART 2—Accountability and administration
Sec. 3121. Evaluations.
Sec. 3122. Achievement objectives and accountability.
Sec. 3123. Reporting requirements.
Part B—General provisions
Sec. 3201. Improving language instruction educational programs.
Sec. 3202. General provisions.
TITLE IV—21ST CENTURY SCHOOLS
Part A—Safe and drug-free schools and communities
Sec. 4101. Safe and drug-free schools and communities.
Part B—21st century community learning centers and mentoring programs
Sec. 4201. 21st century community learning centers.
Sec. 4202. Mentoring programs.
TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Part A—Innovative programs
Sec. 5101. State uses of funds.
Sec. 5102. State applications.
Sec. 5103. Local uses of funds.
Sec. 5104. Participation of children enrolled in private schools.
Sec. 5105. Definitions.
Sec. 5106. Authorization of appropriations.
Part B—Public Charter Schools
Sec. 5201. Program authorized.
Sec. 5202. Authorization of appropriations for charter school programs.
Sec. 5203. Authorization of appropriations for credit enhancement initiatives.
Sec. 5204. Authorization of appropriations for voluntary public school choice programs.
Part C—Magnet Schools Assistance
Sec. 5301. Findings and purpose.
Sec. 5302. Definition.
Sec. 5303. Limitations.
Sec. 5304. Authorization of appropriations.
Part D—Fund for the improvement of education
Sec. 5401. Authorization of appropriations.
Sec. 5402. Programs authorized.
Sec. 5403. Studies of national significance.
Sec. 5404. Counseling programs.
Sec. 5405. Partnerships in character education.
Sec. 5406. Programs to be struck.
Sec. 5407. Gifted and talented students.
Sec. 5408. Star schools program.
Sec. 5409. Ready to teach.
Sec. 5410. Foreign language assistance program.
Sec. 5411. Physical education.
Sec. 5412. Excellence in economic education.
Sec. 5413. Arts in education.
Sec. 5414. Parental assistance and local family information centers.
TITLE VI—Flexibility and accountability
Part A—Improving academic achievement
Sec. 6101. Grants for State assessments and related activities.
Sec. 6102. Grants for enhanced assessments for students with disabilities and limited English proficient students.
Sec. 6103. Funding.
Sec. 6104. Performance review and penalties.
Sec. 6105. Local flexibility demonstration agreements.
Sec. 6106. Performance review and penalties.
Sec. 6107. Reports.
Sec. 6108. Education flexibility partnership.
Sec. 6109. Child-centered programming.
Part B—Rural Education Initiative
SUBPART 1—Small, Rural School Achievement Program
Sec. 6211. Redesignation.
Sec. 6212. Grant programs authorized.
Sec. 6213. Accountability.
SUBPART 2—Rural and Low-Income School Program
Sec. 6221. Program authorized.
Sec. 6222. Accountability.
SUBPART 3—Alternate Uses of Funds
Sec. 6231. Use of applicable funding.
SUBPART 4—General provisions
Sec. 6241. Annual average daily attendance determination.
Sec. 6242. Supplement, not supplant.
Sec. 6243. Authorization of appropriations.
TITLE VII—Indian, Native Hawaiian, and Alaska Native education
Part A—Indian education
Sec. 7101. Purpose.
SUBPART 1—Formula grants to local educational agencies
Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Report on obstacles to program integration.
Sec. 7115. Student eligibility.
SUBPART 2—Definitions; authorization of appropriations
Sec. 7121. Definitions.
Sec. 7122. Authorization of appropriations.
SUBPART 3—Additional amendments
Sec. 7131. Department of Interior schools.
Part B—Native Hawaiian Education
Sec. 7201. Report date for Native Hawaiian Education Council and Island Councils.
Sec. 7202. Program authorized.
Part C—Alaska Native Education
Sec. 7301. Program authorized.
TITLE VIII—Impact Aid program
Sec. 8101. Impact aid.
TITLE IX—General provisions
Sec. 9101. Definitions.
Sec. 9102. Consolidation of funding for local administration.
Sec. 9103. Waivers.
Sec. 9104. Disasters and emergencies.
Sec. 9105. Participation by private school children and teachers.
Sec. 9106. By-pass determination process.
TITLE X—McKinney-Vento Homeless Assistance Act
Sec. 10001. Short title.
Sec. 10002. Grants for State and local activities.
Sec. 10003. Waivers by the Secretary.
Sec. 10004. Authorization of appropriations.
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.).
Improving the academic achievement of the disadvantaged
Statement of purpose
Section 1001 (20 U.S.C. 6301) is amended—
by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; and
by inserting after paragraph (4) the following:
ensuring that all children are taught by highly qualified teachers and that low-income and minority children are not taught at higher rates by unqualified teachers than their more advantaged peers;
.
Authorization of appropriations
Section 1002 (20 U.S.C. 6302) is amended—
in subsection (a)—
in paragraph (1),
by striking $13,500,000,000 for fiscal year 2002
and inserting
$14,000,000,000 for fiscal year 2008
;
in paragraph (2),
by striking 2003
and inserting 2009
;
in paragraph (3),
by striking 2004
and inserting 2010
;
in paragraph (4),
by striking 2005
and inserting 2011
;
in paragraph (5),
by striking 2006
and inserting 2012
; and
in paragraph (6),
by striking 2007
and inserting 2013
;
in subsection (b)—
in paragraph (1),
by striking $900,000,000 for fiscal year 2002
and inserting
$1,000,000,000 for fiscal year 2008
;
in paragraph (2),
by striking $75,000,000 for fiscal year 2002
and inserting
$120,000,000 for fiscal year 2008
;
by striking paragraph (3) and inserting the following:
Striving readers
For the purpose of carrying out subpart 3 of part B, there are authorized to be appropriated $100,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
; and
in paragraph (4),
by striking 2002
and inserting 2008
;
in subsection
(c), by striking 2002
and inserting 2008
;
in subsection
(d), by striking 2002
and inserting 2008
;
by striking subsection (e) and inserting the following:
Evaluation
For the purpose of carrying out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
;
by striking subsection (f) and inserting the following:
Math now
For the purpose of carrying out part F, there are authorized to be appropriated such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
;
in subsection
(g), by striking 2002
and inserting 2008
;
by striking subsection (h) and inserting the following:
Secondary school reform
For the purpose of carrying out part H, there are authorized to be appropriated $250,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
; and
in subsection (i)—
by striking
1003(g)
and inserting 1003(e)
; and
by striking
2002
and inserting 2008
.
School improvement
Amendments
Section 1003 (20 U.S.C. 6303) is amended—
in subsection (a)—
by striking 2 percent
and
inserting 4 percent
; and
by striking
for fiscal years 2002
and all that follows through
2007,
and inserting for each fiscal year
;
in subsection (b)—
in the subsection
heading, by inserting Allocation and
before
Uses
; and
by striking paragraph (1) and inserting the following:
shall allocate not less than 95 percent directly to—
local educational agencies for schools identified for school improvement and restructuring, for activities under section 1116(b); and
local educational agencies identified for school improvement or correction action under section 1116, for activities under section 1116(c); or
;
by striking subsections (c), (e), (f), and (g);
by redesignating subsection (d) as subsection (c); and
by adding at the end the following:
Assistance for local school improvement
Program authorized
The Secretary shall award grants to States, from allotments under paragraph (3), to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school and local educational agency improvement, consistent with section 1116.
State allotments
Such grants shall be allotted among States, the Department of the Interior, and the outlying areas, for a fiscal year in proportion to the funds received by the States, the Department of the Interior, and the outlying areas, respectively, for the fiscal year under part A of this title.
Reservation
For each fiscal year the Secretary may reserve not more than 1 percent of funds appropriated under section 1002(i) to conduct research, evaluation, and dissemination activities related to the identification of effective school and local educational agency improvement practices.
Reallocations
If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion as funds are allocated under paragraph (2).
State applications
Each State educational agency that receives funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall, at a minimum, describe—
how the State educational agency will use the funds provided under this subsection to assist local educational agencies that have the greatest need for such assistance, including how the State will set priorities among—
local educational agencies serving schools that have persistently not made adequate yearly progress and are undergoing school improvement or restructuring under section 1116;
local educational agencies serving schools that are at risk of being identified for restructuring under section 1116; and
local educational agencies that are undergoing improvement or corrective action under section 1116;
how the State educational agency will use the funds provided under this subsection to employ strategically the mechanisms described in section 1117 (including school support teams and the other elements of a statewide system of intensive and sustained support) to meet the needs of the schools in the State that are undergoing school improvement and restructuring under section 1116, and to meet the needs of the local educational agencies in the State that are undergoing improvement and corrective action under section 1116, including how the State educational agency will use any funds the State educational agency retains under paragraph (6)(B) to complement and build on the activities that local educational agencies carry out with the funds local educational agencies receive under this subsection;
how the State educational agency will ensure that activities carried out with funds provided under this subsection are based on the findings of scientifically based research on improving student achievement, including a description of how the State educational agency will review the applications submitted by local educational agencies for assistance under this subsection to determine the quality of the applications;
the objectives that the State educational agency intends to meet through the activities described in the application; and
how the State educational agency will disseminate the results achieved through activities carried out with funds received under this subsection, particularly with respect to activities that have been successful.
Uses of funds
A State educational agency that receives a grant under this subsection shall—
use at least 80 percent of the grant funds, to award subgrants, on a competitive basis, to local educational agencies identified for improvement or corrective action under section 1116 or that serve schools identified for school improvement or restructuring under section 1116, except that no State educational agency shall award a smaller amount under this paragraph for a fiscal year, in the aggregate, to local educational agencies within the State than the State educational agency allocated to such local educational agencies for fiscal year 2007 under subsection (g) of this section (as such subsection was in effect on the day before the date of enactment of No Child Left Behind Act of 2007); and
use any remaining funds to implement a statewide system of support for school and local educational agency improvements as required under section 1117.
Local educational agency subgrants
A subgrant to a local educational agency under this subsection shall be—
of sufficient size and scope to support implementation of the activities described in a school or local educational agency improvement plan under section 1116, except that the amount made available under the subgrant to a participating school shall be not less than $50,000 and not more than $500,000; and
renewable for 2 additional 1-year periods if schools or local educational agencies are meeting the goals described in their school improvement plans developed under section 1116.
Reporting
The State educational agency shall annually report to the Secretary, and shall make publicly available within the State, information on—
the schools and local educational agencies within the State that received financial or other assistance with funds provided under this subsection;
the services provided to schools and local educational agencies and the activities carried out with funds under this subsection; and
the results obtained through the provision of services and the completion of activities.
.
Conforming amendment
Section 1117(c)(1)(A) (20 U.S.C. 6317(c)(1)(A)) is
amended by striking 1003(g)
and inserting
1003(d)
.
Improving basic programs operated by local educational agencies
State plans
Section 1111 (20 U.S.C. 6311) is amended—
in subsection (a), by adding at the end the following:
Peer-review and secretarial approval
The Secretary shall—
establish a peer-review process to assist in the review of State plans submitted under paragraph (1);
appoint individuals to the peer-review process who are—
representative of parents, teachers, State educational agencies, and local educational agencies; and
familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students;
approve a State plan within 120 days of the plan's submission unless the Secretary determines that the plan does not meet the requirements of this section;
if the Secretary determines that the State plan does not meet the requirements of this subsection, subsection (b), or subsection (c), immediately notify the State of such determination and the reasons for such determination;
not decline to approve a State's plan before—
offering the State an opportunity to revise the plan;
providing technical assistance in order to assist the State to meet the requirements of this subsection, subsection (b), and subsection (c); and
providing a hearing; and
disapprove a State plan for not meeting the requirements of this part, but not require a State as a condition of approval of the State plan—
to include in, or delete from, such plan, 1 or more specific elements of the State's academic content standards; or
to use specific academic assessment instruments or items.
State revisions
A State plan shall be revised by the State educational agency if it is necessary to satisfy the requirements of this section.
Duration of the plan
In general
Each State plan shall—
remain in effect for the duration of the State's participation under this part; and
be periodically reviewed and revised, as the State educational agency determines necessary, to reflect changes in the State's strategies and programs under this part.
Additional information
If significant changes are made to a State's plan, such as the adoption of new State academic content standards, new State student academic achievement standards, new academic assessments, or a new definition of adequate yearly progress, such information shall be submitted to the Secretary for review and approval.
Penalties
Failure to meet deadlines enacted in 2002
In general
If a State fails to meet the deadlines established by the No Child Left Behind Act of 2001, the Secretary shall withhold 25 percent of the funds that would otherwise be available to the State for State administration and activities under this part in each year until the Secretary determines that the State meets those requirements.
No extension
Notwithstanding any other provision of law, 90 days after the date of enactment of the No Child Left Behind Act of 2007 the Secretary shall not grant any additional waivers of, or enter into any additional compliance agreements to extend, the deadlines described in subparagraph (A) for any State.
Failure to meet requirements enacted in 2007
If a State fails to meet any of the requirements of this section, other than the requirements described in subparagraph (A), then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.
;
in subsection (b)—
in paragraph (1)—
in
subparagraph (C), by striking (beginning in the 2005–2006 school
year)
;
by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
by inserting after subparagraph (D) the following:
Alternate academic achievement standards
Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, define alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment, if those standards—
are aligned with the State’s academic content standards;
promote access to the general curriculum; and
reflect professional judgment of the highest achievement standards attainable by those students.
Modified academic achievement standards
Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt modified academic achievement standards for students who have disabilities that preclude the students from achieving grade-level proficiency within the academic year covered by a student’s individualized education program under section 614(d) of the Individuals with Disabilities Education Act, if the modified standards—
are aligned with the State’s academic content standards for the grade in which the student is enrolled;
are challenging for eligible students, except that the modified standards may be less difficult than the grade-level academic achievement standards under this section;
include at least 3 achievement levels.
; and
in
subparagraph (H), as redesignated by clause (ii), by striking
2001
and inserting 2007
;
in paragraph (2)—
in subparagraph (C)—
by striking clause (vi) and inserting the following:
in accordance with subparagraph (D), includes graduation rates for public secondary school students disaggregated by each category of students described in clause (v), and at least 1 other academic indicator (as determined by the State) for all public elementary school students;
;
in clause (vii),
by striking the period and inserting ; and
; and
by adding at the end the following:
in carrying out clause (v) and (vii), ensures that the minimum number of students necessary to yield statistically reliable information is the same for the group of all students described in clause (v)(I) and each of the subgroups described in clause (v)(II)
;
in subparagraph (D)—
in clause (i), by
striking and
after the semicolon;
by striking clause (ii) and inserting the following:
except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise be subject to school improvement or restructuring under section 1116 if those indicators were not used, but may use those indicators to identify additional schools for school improvement or restructuring under section 1116; and
;
by adding at the end the following:
shall calculate the graduation rate—
beginning not later than the end of the 2011–2012 school year, by dividing the number of students in a school or served by a local educational agency who receive a regular diploma by the number of first-time ninth-grade students who were enrolled in the school or were served by the local educational agency 4 years earlier, taking into account—
the movement of students into and out of the school or local educational agency, documented through such evidence as a transcript, over the 4-year period; and
the additional time that may be required for students with disabilities and recently arrived students who have limited English proficiency to graduate with a regular secondary school diploma; and
prior to the timeframe described in subclause (I), by using the averaged freshman graduation rate as defined by the National Center for Education Statistics.
;
in subparagraph
(F), by inserting of mathematics and reading or language arts
after State assessments
;
in subparagraph (G)—
in clause (iv),
by striking and
after the semicolon;
in clause (v),
by striking the period and inserting ; and
; and
by adding at the end the following:
shall include significant improvement, as determined by the Secretary, in the graduation rate for public secondary school students that applies separately to each group of students described in subparagraph (C)(v).
;
in
subparagraph (I)(ii), by striking (except that
and all that
follows through the period and inserting the
following:
, except that—
the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; and
the Secretary may promulgate regulations to permit States to omit from the 95 percent requirement described in clause (ii) students who cannot participate in a State’s assessments due to a significant medical emergency.
;
in subparagraph (J)—
by striking clause (ii); and
by redesignating clause (iii) as clause (ii); and
by adding at the end the following:
Student growth
Notwithstanding any other provision of this paragraph, the Secretary may permit a State, consistent with requirements established by the Secretary, to establish and implement procedures for incorporating student academic growth into the State’s definition of adequate yearly progress under subparagraph (C). A State that desires to incorporate student academic growth into the State’s definition of adequate yearly progress under subparagraph (C) shall, at a minimum—
include, in the State's procedures for incorporating student academic growth in the definition of adequate yearly progress, an expectation that all students in each group described in subparagraph (C)(v) will, by school year 2013–2014, meet or exceed the State’s proficient level of academic achievement on the State assessments under paragraph (3);
establish statewide annual measurable objectives that are based on meeting the State’s proficient level of academic achievement on the State assessments under paragraph (3) and are not based on individual student background characteristics;
establish separate, measurable objectives for the assessments of mathematics and reading or language arts under paragraph (3);
ensure that all students who are tested using the State’s assessments under paragraph (3)(B) are included in the State’s assessment system under this section;
include, in the State's definition of adequate yearly progress, the results of assessments, approved by the Secretary, that—
produce comparable results from grade to grade and from year to year in each of the grades 3 through 8, and in secondary school, in mathematics and reading or language arts; and
have been used by the State for more than 1 year;
track student progress through a State-developed longitudinal data system; and
include, as separate academic indicators in determining whether schools are making adequate yearly progress for a particular year—
the rate of student participation in assessments under paragraph (3);
another academic indicator described in subparagraph (C)(vi); and
another academic indicator described in subparagraph (C)(vii).
Students with disabilities
In general
In determining adequate yearly progress for schools, local educational agencies, and the State, a State may include—
the scores of students with the most significant cognitive disabilities who meet or exceed the proficient level of academic achievement based on alternate academic achievement standards, if the number of those students (at the local educational agency and State levels, separately) does not exceed 1 percent of all students in the grades assessed in mathematics and reading or language arts; and
the scores of students with disabilities who meet or exceed the proficient level of academic achievement based on modified academic achievement standards, if the number of those students (at the local educational agency and State levels, separately) does not exceed 2 percent of all students in the grades assessed in mathematics and reading or language arts.
Exceptions
2 percent
Notwithstanding clause (i), a State or local educational agency may exceed the 2 percent limitation in clause (i)(II) if—
the number of proficient and advanced scores on the alternate academic achievement standards is less than 1 percent; and
the number of proficient and advanced scores based on modified and alternate academic achievement standards combined does not exceed 3 percent of all students in the grades assessed.
1 percent
A State may, in accordance with such criteria as the Secretary may prescribe, waive the 1 percent limitation in clause (i)(I) for local educational agencies in the State, if the State does not exceed the 1 percent limitation in clause (i)(I).
Special rule
A State or local educational agency may, in determining adequate yearly progress for the subgroup of students with disabilities, include the score of a student who previously met the definition of a child with a disability under section 602(3) of the Individuals with Disabilities Education Act, for a period of not more than 2 years from the time the student stopped receiving services under such Act.
Adequate yearly progress for limited english proficient students
In determining adequate yearly progress for schools, local educational agencies, and the State, a State may—
for the purpose of meeting the requirements of subsection (b)(2)(I)(ii), count recently arrived limited English proficient students as having participated in the State’s assessment, if the students have taken the State’s English language proficiency assessment under subsection (b)(7) or the State’s reading or language arts assessment;
for 2 administrations of the annual mathematics assessments or reading or language arts assessments under paragraph (3), choose not to include the scores of recently arrived limited English proficient students on the State’s mathematics assessment or the reading or language arts assessment, even if those students have been enrolled in the same school or served by the same local educational agency for a full academic year; and
include, in the subgroup of students with limited English proficiency, the score of a student who was limited English proficient, for not more than 2 years after the year in which the student no longer meets the State’s definition of limited English proficient.
Adequate yearly progress for refugee children
The Secretary may promulgate regulations that permit additional flexibility in determining adequate yearly progress for recently arrived limited English proficient students who have resettled in the United States through the United States Refugee Admissions Program, administered by the Department of State’s Bureau of Population, Refugees, and Migration.
;
in paragraph (3)—
by striking subparagraph (B) and inserting the following:
Use of academic assessment results to improve student academic achievement
In general
Each State plan shall demonstrate how results of academic assessments under this paragraph—
will be promptly provided to local educational agencies, schools, and teachers in a manner that is clear and easy to understand, except that in no case shall the results be so provided later than the day before the first day of the school year that begins after the assessment is administered; and
be used by those local educational agencies, schools, and teachers to improve the educational achievement of individual students.
Incorporation of data
Each State educational agency may incorporate the data from assessments under this paragraph into a State developed longitudinal data system that links student test scores, teacher assignments, length of enrollment, and graduation records over time.
;
in subparagraph (C)—
in clause (v)(I),
by striking once during
and all that follows through the
semicolon at the end of item (cc) and inserting once during grades 10
through 12;
;
in clause (vii)—
by
striking beginning not later than school year 2005–2006,
;
and
by
striking , except that
and all that follows through
1-year period
;
by striking clause (ix) and inserting the following:
provide for—
the participation in such assessments of all students;
the appropriate accommodations for students with disabilities necessary to measure the academic achievement of such students relative to State academic content and State student academic achievement standards;
alternate assessments aligned with grade-level academic content and academic achievement standards, unless the State develops alternate assessments aligned with—
alternate academic achievement standards, consistent with subparagraph (D), for students with the most significant cognitive disabilities; or
modified academic achievement standards consistent with subparagraph (D); and
the inclusion of limited English proficient students, 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 under paragraph (7), except as provided in subparagraph (E); and
; and
in clause (x),
by striking subclause (III)
and inserting clause
(ix)(III)
;
by redesignating subparagraph (D) as subparagraph (F);
by inserting after subparagraph (C), as amended by clause (ii), the following:
Students with disabilities
Alternate standards
A State may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities, if the State—
establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as that term is defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards;
ensures that the parents of those students are informed that their child’s academic achievement will be based on alternate academic achievement standards;
documents that students with the most significant cognitive disabilities are, to the extent practicable, included in the general curriculum, and in assessments aligned with that curriculum;
develops, disseminates information on, and promotes the use of, appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled; and
ensures that regular and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, for students with disabilities.
Modified standards
A State may assess students with disabilities based on modified academic achievement standards in any of the assessments for which assessments are administered under this paragraph, if the State—
establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams to apply in determining which students with disabilities are eligible to be assessed based on modified academic achievement standards, which criteria, at a minimum, shall include—
whether the student’s disability has precluded the student from achieving grade-level proficiency, as demonstrated by objective evidence, such as the student’s performance on the State’s regular assessments or on other assessments that can validly demonstrate academic achievement; and
whether the student’s progress in response to appropriate instruction, including special education and related services designed to address the student’s individual needs, is such that, even if significant growth occurs, the individualized education program team is reasonably certain that the student will not achieve grade-level proficiency within the year covered by the student’s individualized education program, which progress shall be based on multiple measurements, over a period of time, that are valid for the subjects being assessed;
ensures that, if a student’s individualized education program includes goals for a subject assessed based on modified academic achievement standards, those goals are based on academic content standards for the grade in which the student is enrolled;
ensures that parents of students with disabilities who are assessed against modified academic achievement standards are informed that their child’s achievement will be measured based on modified academic achievement standards;
ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts, mathematics, and science relative to the modified academic achievement standards;
ensures that students who are assessed based on modified academic achievement standards have access to the curriculum, including instruction, for the grade in which the students are enrolled; and
establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams to apply in developing and implementing individualized education programs for students who are assessed based on modified academic achievement standards.
Students with limited english proficiency
A State may exempt a recently arrived limited English proficient student from 2 administrations of the State’s reading or language arts assessment.
; and
in
subparagraph (F), as redesignated by clause (iii), by striking
6113(a)(2) is less than
and all that follows through
through 2007.
and inserting 6113(a)(1) is less than
$400,000,000.
;
by striking paragraphs (7), (8), (9), and (10); and
by adding at the end the following:
Assessment of English language proficiency
Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ proficiency in speaking, listening, reading, writing, and comprehension in English) of all students with limited English proficiency in the schools served by the State educational agency.
Definitions
In this subsection:
Recently arrived limited English proficient student
The term recently arrived limited English proficient student means a student with limited English proficiency who has attended schools in the United States for a period of less than 24 months.
School in the United States
The term school in the United States means an elementary school or secondary school in 1 of the 50 States or the District of Columbia.
;
by striking subsection (c) and inserting the following:
Provisions To support teaching and learning
Each State plan shall—
describe how the State will notify local educational agencies, teachers, parents, and the public of the academic content standards, student academic achievement standards, and academic assessments, developed under this section;
describe how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(b), 1114(b), and 1115(c) that is applicable to the local educational agency or school;
describe how the State educational agency will assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students assessed and determined to need help to meet the State's challenging academic achievement standards;
describe how the State educational agency, in consultation with the Governor, will to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies;
describe the specific steps the State educational agency will take to ensure that schoolwide programs and targeted assistance schools provide instruction by highly qualified instructional staff as required by sections 1114(b)(1)(C) and 1115(c)(1)(E), including steps that the State educational agency will take to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers, and the measures that the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such steps;
include an assurance that the State educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State academic achievement standards and describe how the State educational agency will disseminate such curricula to each local educational agency and school within the State;
include an assurance that the State educational agency will coordinate and collaborate, to the extent feasible and necessary as determined by the State educational agency, with agencies providing services to children, youth, and families, with respect to local educational agencies within the State that are identified for improvement or corrective action under section 1116 and that request assistance with addressing major factors that have significantly affected the academic achievement of students in the local educational agency or schools served by the local educational agency; and
include an assurance that the State educational agency will work with other agencies, including educational service agencies or other local consortia, and institutions to provide technical assistance to local educational agencies and schools, including technical assistance in providing professional development under section 1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118.
;
by striking subsections (e), (f), and (g);
by redesignating subsections (h), (i), (j), (k), (l), and (m), as subparagraphs (e), (g), (h), (i), (j), and (k), respectively;
in subsection (e), as redesignated by paragraph (5)—
in paragraph (1)—
in
subparagraph (A), by striking Not later than the beginning of the
2002–2003 school year, unless
and inserting
Unless
;
in subparagraph (C)—
by redesignating clauses (i) through (viii) as clauses (ii) through (ix), respectively;
by inserting before clause (ii), as redesignated by clause (i), the following:
a clear and concise description of the State's accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2), to determine the status of schools regarding school improvement and restructuring;
;
in clause
(viii), as redesignated by clause (i), by striking and
after the
semicolon;
in clause (ix),
as redesignated by clause (i), by striking the period and inserting ;
and
; and
by adding at the end the following:
information on the academic achievement and gains in English language proficiency of students with limited English proficiency, including—
information on the number of students with limited English proficiency who achieved proficiency in English and, therefore, exited the limited English proficiency subgroup; and
the number of recently arrived limited English proficient students in the State exempted from taking the reading or language arts assessments under subsection (b)(3); and
for the prior school year—
the number of students eligible to participate in public school choice and supplemental educational services under this part;
the number of students who so participated; and
the total amount of funds expended for supplemental educational services.
;
in subparagraph (D)—
by striking clause (iii);
by redesignating clauses (iv), (v), and (vi) as clauses (iii), (iv), and (v), respectively;
by striking clause (vii) and inserting the following:
postsecondary enrollment rates.
;
in paragraph (2)—
in
subparagraph (A)(i), by striking Not later than the beginning of the
2002–2003 school year, a local
and inserting A
local
;
in subparagraph (B)(i)—
in subclause (I)—
by
striking 1116(c)
and inserting 1116(b)
;
and
by
striking and
after the semicolon; and
by adding at the end the following:
the information described in paragraph (1)(C)(xi), relating to student participation in public-school choice and supplemental educational services; and
; and
in subparagraph
(E), by striking the 2002–2003
and inserting
each
;
in paragraph (3),
by striking 2001
and inserting 2007
;
by striking paragraph (4) and inserting the following:
Annual state report to the secretary
Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—
information on the State's progress in developing and implementing the academic assessments described in subsection (b)(3);
information on the achievement of students on the academic assessments required by subsection (b)(3), including the disaggregated results for the categories of students identified in subsection (b)(2)(C)(v);
the number and percentage of students with disabilities who have taken—
general assessments;
general assessments with accommodations;
alternate assessments based on grade-level academic achievement standards;
alternate assessments based on modified academic achievement standards; and
alternate assessments based on alternate academic achievement standards;
information on the acquisition of English proficiency by children with limited English proficiency;
the number and names of each school identified for school improvement and restructuring under section 1116(b), the reason why each school was so identified, and the measures taken to address the achievement problems of such schools;
for the prior school year—
the number of students eligible to participate in public school choice and supplemental educational services under this part;
the actual number of students who so participated; and
the total amount of funds expended for supplemental educational services; and
information on the quality of teachers and the percentage of classes being taught by highly qualified teachers in the State, local educational agency, and school.
;
in paragraph (5),
by striking the Workforce
and inserting Labor
;
and
by striking paragraph (6);
by inserting after subsection (e), as redesignated by paragraph (5) and amended by paragraph (6), the following:
Other assurances
Each State plan shall contain an assurance that—
the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303 of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments;
the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;
the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114 and modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 1114;
the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the State plan and monitoring implementation of the State plan;
the State educational agency will inform local educational agencies in the State of the local educational agency's authority to transfer funds under title VI, to obtain waivers under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; and
the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate.
; and
in subsection (k) (as redesignated by paragraph (5))—
in the subsection
heading, by striking Bureau-funded schools
and inserting
Department of the
Interior-funded schools
; and
in the matter preceding paragraph (1) of subsection (k)—
by
striking operated or funded by BIA
; and
by inserting
from the Department of the Interior
after receiving
funds
.
Local educational agency plans
Section 1112 (20 U.S.C. 6312) is amended—
in subsection (a), by adding at the end the following:
State review and approval
In general
Each local educational agency plan shall be filed according to a schedule established by the State educational agency.
Approval
The State educational agency shall approve a local educational agency's plan only if the State educational agency determines that the local educational agency's plan—
enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children as described in section 1111(b)(1); and
meets the requirements of this section.
Review
The State educational agency shall review the local educational agency's plan to determine if such agency's activities are in accordance with sections 1118 and 1119.
Plan development and duration
Consultation
Each local educational agency plan shall be developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part.
Program responsibility
Each local educational agency plan shall reflect the shared responsibility of schools, teachers, and the local educational agency in making decisions regarding activities under sections 1114 and 1115.
Duration
Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the No Child Left Behind Act of 2007 and shall remain in effect for the duration of the agency's participation under this part.
Review
Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part.
;
in subsection (b)—
in paragraph (1)—
by striking subparagraphs (F), (I), (L), (M), (N), (O), and (P);
by redesignating subparagraphs (D), (E), (G), (H), (J), (K), and (Q), as subparagraphs (H), (I), (K), (L), (M), (O), and (P), respectively;
by inserting after subparagraph (C) the following:
a description of how the local educational agency will work in consultation with schools to develop the school's plans and activities pursuant to sections 1114 and 1115 so that each school can make adequate yearly progress toward meeting the State student academic achievement standards and a description of the programs to be conducted by such agency's schools under sections 1114 and 1115, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs;
a description of the actions the local educational agency will take to assist schools identified for academic alert, improvement, or restructuring under section 1116 and how the local educational agency will take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating which programs and services may be most effective in improving student academic achievement;
a description of the actions the local educational agency will take to implement public school choice and supplemental services, consistent with the requirements of section 1116;
a description of how the local educational agency will meet the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and of how the local educational agency will ensure, through incentives for voluntary transfers, recruitment programs, incentive pay, performance- or merit-based pay systems, or other effective strategies, that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers;
;
in
subparagraph (I)(i) (as redesignated by clause (ii)), by striking Even
Start,
;
by inserting after subparagraph (I) (as redesignated by clause (ii)) the following:
a description of the strategy the local educational agency will use to implement effective parental involvement under section 1118;
;
by inserting after subparagraph (M) (as redesignated by clause (ii)) the following:
a description of the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A);
;
in subparagraph (O) (as redesignated by clause (ii))—
by striking
First,
and inserting First
;
by striking
or Even Start
;
by striking
, or an agency operating an Even Start program
; and
by adding
and
after the semicolon; and
in
subparagraph (P) (as redesignated by clause (ii)), by striking
support
and all that follows through the period at the end and
inserting support extended learning opportunities, including before and
after school, summer school, and school-year extension programs.
;
and
in paragraph (2)(B)—
by
inserting academic alert,
after schools for
;
and
by
striking or in need of corrective action or
and inserting
, or
;
in subsection (c)—
in paragraph (1)—
by striking subparagraphs (B), (C), (D), (F), (H), (I), (J), (L), (M), (N), and (O);
by redesignating subparagraphs (A), (G), and (K), as subparagraphs (C), (F), and (G);
by inserting before subparagraph (C) (as redesignated by clause (ii)) the following:
assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(c)(6);
ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand;
;
by inserting after subparagraph (C) (as redesignated by clause (ii)) the following:
inform eligible schools of the local educational agency's authority to obtain waivers on the school's behalf under title IX and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999;
;
in
subparagraph (G) (as redesignated by clause (ii)), by inserting
and
after the semicolon; and
by inserting after subparagraph (G) (as redesignated by clause (ii)), the following:
an assurance that the local educational agency will participate, if selected, in the State assessments of educational progress in 4th and 8th grade reading and mathematics carried out under section 303 of the National Assessment of Educational Progress Authorization Act.
;
in paragraph (2),
by striking subparagraph (G)
and inserting subparagraph
(F)
; and
by striking paragraph (3);
by striking subsections (d), (e), and (f);
by redesignating subsection (g) as subsection (e);
by inserting after subsection (c) the following:
Parents right-to-know
Qualifications
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:
Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.
The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
Whether the child is provided services by paraprofessionals and, if so, their qualifications.
Additional information
In addition to the information that parents may request under paragraph (1), a school that receives funds under this part shall provide to each individual parent—
information on the level of achievement of the parent's child in each of the State academic assessments as required under this part; and
timely notice that the parent's child has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who is not highly qualified.
Format
The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
; and
in subsection
(e), in the heading, by striking Parental notification
and inserting
Language
instruction
.
Schoolwide programs
Section 1114 (20 U.S.C. 6314) is amended—
in subsection (b)—
in paragraph (1)—
in
subparagraph (B)(iii)(I)(cc), by striking vocational
and
inserting career
;
in
subparagraph (C), by inserting and strategies to attract high-quality
highly qualified teachers to high-need schools through incentive pay,
performance- or merit-based pay systems, or other effective strategies to
ensure that low-income students and minority students are not taught at higher
rates than other students by unqualified, out-of-field, or inexperienced
teachers
after teachers
;
by striking subparagraph (E);
by redesignating subparagraphs (F), (G), (H), (I), and (J), as subparagraphs (E), (F), (G), (H), and (I), respectively;
in
subparagraph (F) (as redesignated by clause (iv)) by striking Even
Start,
; and
in
subparagraph (I) (as redesignated by clause (iv)) by striking
vocational
and inserting career
; and
in paragraph (2)—
in
subparagraph (A), by striking 2001
and inserting
2007
; and
in subparagraph (B)—
in clause
(i)(II), by striking 2001
and inserting 2007
;
and
in clause (v),
by striking Even Start,
; and
in subsection
(c), by striking Even Start programs or
.
Targeted assistance schools
Section 1115 (20 U.S.C. 6315) is amended—
in subsection (b)(2)(B)—
by striking
, Even
Start,
; and
by striking
, Even Start,
; and
in subsection (c)(1)—
in subparagraph
(D), by striking Even Start,
;
in subparagraph
(E), by inserting and include strategies to attract high-quality highly
qualified teachers to high-need schools through incentive pay, performance- or
merit-based pay systems, or other effective strategies to ensure that
low-income students and minority students are not taught at higher rates than
other students by unqualified, out-of-field, or inexperienced teachers
after teachers
; and
in subparagraph
(H), by striking vocational
and inserting
career
.
Academic assessment and local educational agency and school improvement
Section 1116 (20 U.S.C. 6316) is amended—
in subsection (a)(1)—
in subparagraph (B)—
by
striking subject to
and inserting identified for academic
alert,
;
by
striking corrective action,
;
by inserting
academic alert,
after additional schools for
;
and
by
striking improvement or in need of corrective action
and
inserting improvement,
; and
in subparagraph
(C), by striking , in an instructionally useful manner,
;
by striking subsection (b) and inserting the following:
School improvement
General requirements
Identification
Subject to subparagraph (C), a local educational agency shall—
identify for academic alert any elementary school or secondary school served under this part that for 1 year does not make adequate yearly progress as defined in the State’s plan under section 1111(b)(2);
identify for school improvement any elementary school or secondary school served under this part that, for the 2nd, 3rd, or 4th consecutive year, does not to make adequate yearly progress as defined in the State's plan under section 1111(b)(2); and
identify for restructuring any elementary school or secondary school served under this part that, for the 5th consecutive year, does not make adequate yearly progress as defined in the State’s plan under section 1111(b)(2).
Deadline
The identification described in subparagraph (A) shall take place before the beginning of the school year following the school year in which the school did not make adequate yearly progress.
Application
Subparagraph (A) shall not apply to a school if almost every student in each group specified in section 1111(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State's proficient level of academic achievement.
Public school choice and supplemental educational services
In general
In the case of a school identified for school improvement or restructuring under this paragraph, the local educational agency shall, not later than the first day of the school year following such identification, provide all students enrolled in the school with the option—
to transfer to another public school served by the local educational agency, which may include a charter school that has not been identified for school improvement or restructuring under this paragraph; or
to receive supplemental educational services available consistent with subsection (d)(1).
Rule
In providing students the option to transfer to another public school or to receive supplemental educational services, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1).
Transfer
Students who use the option to transfer under subparagraph (D) and paragraph (5)(B), paragraph (8)(A)(iii), or subsection (c)(9)(C)(vii) shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school.
Delay
Notwithstanding any other provision of this paragraph, a local educational agency may delay, for a period not to exceed 1 year, advancing identification to the next level of school improvement or restructuring and their respective requirements under paragraphs (5), (6), or (8), if the school makes adequate yearly progress for 1 year or if the school's not making adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.
Duration
If any school identified for school improvement or restructuring makes adequate yearly progress for 2 consecutive school years, then the local educational agency shall no longer—
subject the school to the requirements of school improvement or restructuring; or
identify the school for school improvement for the school year succeeding such second consecutive school year.
Opportunity to review and present evidence; time limit
Identification
Before identifying a school for academic alert or school improvement under paragraph (1) or for restructuring under paragraphs (1) or (8), the local educational agency shall provide the school with an opportunity to review the school-level data on which the proposed identification is based.
Evidence
If the principal of a school proposed for academic alert or school improvement under paragraph (1) or for restructuring under paragraphs (1) or (8) believes, or a majority of the parents of the students enrolled in such school believe, that the proposed identification is in error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which shall consider that evidence before making a final determination.
Final determination
Not later than 30 days after a local educational agency provides the school with the opportunity to review such school-level data, the local educational agency shall make public a final determination on the status of the school with respect to the identification for academic alert, school improvement, or restructuring.
School improvement plan
In general
After the resolution of a review under paragraph (2), each school identified under paragraph (1) for academic alert shall, not later than 3 months after being so identified, develop or revise a school improvement plan, in consultation with parents, school staff, the local educational agency serving the school, and outside experts, for approval by such local educational agency. The school plan shall cover a 3-year period and shall be implemented not later than the first day of the first school year following the identification of the school for academic alert.
Review
In general
In developing a plan under paragraph (A), a school shall, at a minimum, review each of the elements of the school’s operations described in clause (ii) to identify any gaps and areas of improvement, and incorporate in the school's plan any changes to the school’s program necessary to ensure that all students meet State levels of academic proficiency.
Elements reviewed
The elements referred to in clause (i) are as follows:
Current and prior years' student achievement data for each group of students specified in section 1111(b)(2)(C)(v).
For secondary schools, current and prior years' graduation rate data for each group of students specified in section 1111(b)(2)(C)(v).
Teacher qualifications and assignments, including a review of out-of-field teaching (as defined in clause (iii)).
Professional development offerings, including the alignment to State student academic achievement standards and State academic content standards, and whether the professional development focuses on students and subgroups in the school not making adequate yearly progress.
All instructional programs and materials and the degree of the alignment of the programs and materials to State academic content standards.
Use of instructional time and time-on-learning.
Evaluations of all school academic programs and the effectiveness of the programs in improving student academic achievement, especially for students not meeting the State's proficient levels of academic achievement.
Current allocation and budgeting of resources (including Federal, State, and local resources).
Student and staff attendance rates.
Parental outreach efforts and rates of parental involvement.
Definition of out-of-field teaching
For purposes of clause (ii)(III) the term out-of-field teaching means teaching an academic subject for which a teacher is not highly qualified.
Elements of plan
The school plan shall—
incorporate changes to the school program identified as necessary after conducting the review under subparagraph (B);
establish specific annual, measurable goals for continuous and substantial progress by each group of students specified in section 1111(b)(2)(C)(v) and enrolled in the school that will ensure that all such groups of students will, in accordance with the definition of adequate yearly progress described in section 1111(b)(2), meet the State's proficient level of academic achievement on the State academic assessment described in section 1111(b)(3) not later than 12 years after the end of the 2001–2002 school year;
specify the responsibilities of the school, the local educational agency, and the State educational agency serving the school under the plan, including the technical assistance to be provided by the local educational agency under paragraph (4) and the local educational agency's responsibilities under section 1120A;
incorporate strategies based on scientifically based research that will strengthen the core academic instructional program in the school and address the specific academic issues that caused the school to be identified for academic alert or school improvement, and may include a strategy for the implementation of a comprehensive school reform model;
adopt policies and practices concerning the school's core academic instructional program that have the greatest likelihood of ensuring that all groups of students specified in section 1111(b)(2)(C)(v) and enrolled in the school will meet the State's proficient level of academic achievement on the State academic assessment described in section 1111(b)(3) not later than 12 years after the end of the 2001–2002 school year for mathematics and reading or language arts, including expanding instructional time for students not meeting or not on track to meet the State's proficient level of academic achievement;
implement a curriculum that is aligned with the State’s academic achievement standards and State academic content standards, and ensure that teachers and administrators receive professional development and instructional coaching in implementing such curriculum;
provide an assurance that the school will spend not less than 10 percent of the funds made available to the school under section 1113 for each fiscal year that the school is in school improvement status, for the purpose of providing to the school's teachers and principal high-quality professional development that—
directly addresses the academic achievement problem that caused the school to be identified for academic alert or school improvement;
meets the requirements for professional development activities under section 1119;
provides guidance and assistance in the use of benchmark assessments to inform classroom instruction;
incorporates a teacher mentoring program; and
is provided in a manner that affords increased opportunity for participating in that professional development;
specify how the funds described in clause (vii) will be used to remove the school from academic alert or school improvement status;
describe how the school will provide written notice about the identification to parents of each student enrolled in such school, in a format and, to the extent practicable, in a language that the parents can understand;
include strategies to promote effective parental involvement in the school; and
incorporate, as appropriate, activities before school, after school, during the summer, and during any extension of the school year.
Conditional approval
The local educational agency may condition approval of a school plan under this paragraph on—
inclusion of one or more of the actions specified in paragraph (8)(C); or
feedback on the school improvement plan from parents and community leaders.
Local educational agency approval
The local educational agency, within 45 days of receiving a school plan, shall—
establish a peer review process to assist with review of the school plan; and
promptly review the school plan, work with the school as necessary, and approve the school plan if the school plan meets the requirements of this paragraph.
Technical assistance
In general
For each school identified for academic alert or school improvement under paragraph (1), the local educational agency serving the school shall ensure the provision of technical assistance as the school develops and implements the school plan under paragraph (3) throughout the school plan's duration.
Specific assistance
Such technical assistance—
shall include assistance in analyzing data from the assessments required under section 1111(b)(3), and other examples of student work, to identify and address problems in instruction, and problems if any, in implementing the parental involvement requirements described in section 1118, the professional development requirements described in section 1119, and the responsibilities of the school and local educational agency under the school plan, and to identify and address solutions to such problems;
shall include assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research and that have proven effective in addressing the specific instructional issues that caused the school to be identified for academic alert or school improvement;
shall include assistance in analyzing and revising the school's budget so that the school's resources are more effectively allocated to the activities most likely to increase student academic achievement and to remove the school from school improvement status; and
may be provided—
by the local educational agency, through mechanisms authorized under section 1117; or
by the State educational agency, an institution of higher education (that is in full compliance with all the reporting provisions of title II of the Higher Education Act of 1965), a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with experience in helping schools improve academic achievement.
Scientifically based research
Technical assistance provided under this section by a local educational agency or an entity approved by that agency shall be based on scientifically based research.
Identification for school improvement
In the case of any school served under this part that does not make adequate yearly progress, as set out in the State's plan under section 1111(b)(2), by the end of the 1st full school year after identification for academic alert under paragraph (1), the local educational agency serving such school shall—
ensure that school implements its school improvement plan in accordance with paragraph (3);
provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency in accordance with paragraphs (1)(D) and (E);
make supplemental educational services available consistent with subsection (d)(1); and
continue to provide technical assistance to the school as described in paragraph (4).
Failure To make adequate yearly progress after initial identification for school improvement
In the case of any school served under this part that does not make adequate yearly progress, as set out in the State's plan under section 1111(b)(2), by the end of the 1st or 2nd full school year after identification for school improvement under paragraph (1), the local educational agency serving the school—
shall ensure that the school reviews the school's instructional program and activities in accordance with paragraph (3)(B) and makes any necessary changes to the its school improvement plan under paragraph (3), and shall provide the school with technical assistance in conducting such review and in making such changes;
shall ensure that the school continues to implement its school improvement plan under paragraph (3);
shall continue to provide all students enrolled in the school with the option to transfer to another public school served by the local education agency in accordance with paragraphs (1)(D) and (E);
shall continue to provide supplemental educational services consistent with subsection (d)(1);
shall continue to provide technical assistance as described in paragraph (4); and
may require the school to undertake 1 or more of the actions specified in paragraph (8)(C).
Notice to parents
A local educational agency shall promptly provide to a parent or parents of each student enrolled in an elementary school or a secondary school identified for academic alert or school improvement under paragraph (1) or restructuring under paragraphs (1) and (8), in an understandable and uniform format and, to the extent practicable, in a language the parents can understand, and through public means such as mailings to parents, postings on the school webpage, open school meetings, and distribution to public agencies—
an explanation of what the identification means, and how the school compares in terms of academic achievement to other elementary schools or secondary schools served by the local educational agency and the State educational agency involved;
the reasons for the identification;
an explanation of what the school identified for school improvement is doing to address the problem of low achievement;
an explanation of what the local educational agency or State educational agency is doing to help the school address the achievement problem;
an explanation of how the parents can become involved in addressing the academic issues that caused the school to be identified for school improvement; and
an explanation of the parents' option to transfer their child to another public school under paragraphs (1)(D) and (E), paragraph (5)(B), paragraph (8)(A)(iii), and subsection (c)(9)(C)(vii) (with transportation provided by the agency when required by paragraph (9)) or to obtain supplemental educational services for the child, in accordance with subsection (d).
Restructuring
Persistent and pervasive lack of academic progress
In the case of any school served under this part that does not make adequate yearly progress, as set out in the State’s plan under section 1111(b)(2), by the end of the 3rd full school year after identification for school improvement under paragraph (1) the local educational agency serving the school shall—
identify the school for focused restructuring if the school has not made adequate yearly progress with respect to the achievement of 1 or more groups of students specified in section 1111(b)(2)(C)(v), but only if 1 or more of such groups comprise less than 50 percent of all enrolled students at the school; and
prepare a plan and make necessary arrangements to carry out subparagraph (C);
identify the school for comprehensive restructuring if the school has not made adequate yearly progress with respect to the achievement of 1 or more groups of students specified in section 1111(b)(2)(C)(v), but only if 1 or more of such groups comprise 50 percent or more of all enrolled students at the school; and
prepare a plan and make necessary arrangements to carry out subparagraph (D);
continue to provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, in accordance with paragraph (1)(D) and (E);
continue to provide supplemental educational services, in accordance with subsection (d), to children who remain in the school; and
prepare a plan and make necessary arrangements to carry out subparagraphs (C) or (D).
Collective bargaining
In preparing a plan and making necessary arrangements to carry out subparagraphs (C) and (D) a local educational agency may renegotiate the limitations in the local educational agency's collective bargaining agreement related to—
teacher transfer and assignment;
differential, incentive, merit-based, or performance-based pay for teaching in high-poverty, low income schools; or
the expeditious dismissal of teachers who cannot demonstrate effectiveness in raising student achievement, or reconstitution of school staff,
Focused restructuring
Not later than the beginning of the school year following the year in which the local educational agency implements subparagraph (A), the local educational agency, consistent with State law—
shall institute and fully implement, under the direct supervision of the local educational agency, a new academic curriculum, including providing intensive professional development for all staff and offering intensive academic catch-up programs and services for all students not meeting the State's proficient level of academic achievement, that is based on scientifically based research to raise the educational achievement of low-performing students and enable the school to make adequate yearly progress;
shall replace or reassign under-performing staff;
shall, if determined necessary by the local educational agency, restructure the internal organization of the school and decrease management authority at the school level, to ensure that the academic needs of low-performing students are met to enable such students to meet the State's proficient level of academic achievement in reading or language arts and mathematics; and
may extend the school year or school day for the school.
Comprehensive restructuring
Not later than the beginning of the school year following the year in which the local educational agency implements subparagraph (A), the local educational agency shall implement 1 of the following alternative governance arrangements for the school consistent with State law:
Reopening the school as a public charter school.
Replacing all or most of the school staff (which may include the principal) who are relevant to the persistent and pervasive lack of academic progress.
Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school.
Turning the operation of the school over to—
the State educational agency, if permitted under State law and agreed to by the State; or
the chief executive officer or authority of a State or local unit of government, such as a city mayor.
Closing the school and making arrangements for students to enroll in another public school operated by the local educational agency that has not been identified for school improvement under paragraph (1) or restructuring under paragraphs (1) and (8).
Prompt notice
The local educational agency shall—
provide prompt notice to teachers and parents whenever subparagraphs (A), (C), or (D) apply; and
provide the teachers and parents with an adequate opportunity to—
comment before taking any action under those subparagraphs; and
participate in developing any plan under subparagraph (A)(v).
Treatment of school after implementing focused restructuring
If after the end of the 2nd school year of implementing a focused restructuring plan under subparagraph (C) a school has not made adequate yearly progress as defined in the State plan under section 1111(b)(2), the local educational agency shall identify the school for comprehensive restructuring and implement 1 of the alternative governance arrangements described in clauses (i) through (iv) of subparagraph (D).
Treatment of school after implementing comprehensive restructuring
After a local educational agency implements 1 of the alternative governance arrangements for a school described in clauses (i) through (iv) of subparagraph (D)—
such school shall cease to be treated as identified for academic alert or school improvement under paragraph (1) or restructuring under paragraphs (1) and (8); and
the determination of whether such school is subsequently so identified shall be made by taking into account only years subsequent to the year in which the alternative governance arrangement commences.
Transportation
In any case described in paragraph (1)(D) for schools described in paragraphs (1)(A), (5)(B), (6)(C), and (8)(A)(iii), and subsection (c)(9)(C)(vii), the local educational agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends.
Funds for transportation and supplemental educational services
In general
Unless a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (d), a local educational agency shall spend an amount equal to 20 percent of the local educational agency's allocation under subpart 2, of which the agency shall spend—
an amount equal to 5 percent of the local educational agency's allocation under subpart 2 to provide, or pay for, transportation under paragraph (9);
an amount equal to 5 percent of the local educational agency's allocation under subpart 2 to provide supplemental educational services under subsection (d); and
an amount equal to the remaining 10 percent of the local educational agency's allocation under subpart 2 for transportation under paragraph (9) or supplemental educational services under subsection (d), as the agency determines.
Total amount
The amount described in subparagraph (A)(ii) is the maximum amount the local educational agency shall be required to spend under this part on supplemental educational services described in subsection (d).
Parent outreach and assistance
For any fiscal year, a local educational agency may spend an amount that is not greater than one-half of 1 percent of the local educational agency's allocation under subpart 2 on implementing the parent outreach and assistance requirements of subsections (b)(6)(F) and (d)(2), with such funds counting toward meeting the requirements of subparagraph (A).
Insufficient funds
If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide supplemental educational services to each child whose parents request the services, the local educational agency shall give priority to providing the services to the lowest-achieving children.
Prohibition
A local educational agency shall not, as a result of the application of this paragraph, reduce by more than 15 percent the total amount made available under section 1113(c) to a school described in paragraph (8)(A) of subsection (b).
Funding
The funds described in subparagraph (A) shall be made available for the year in which the funding is set aside or otherwise allocated and shall, notwithstanding section 1127(a), remain available until such funds are expended (subject to section 421(b) of the General Education Provisions Act) on supplemental educational services under subsection (d), transportation costs under paragraph (9), or parent outreach and assistance under subparagraph (C), unless—
the local educational agency has provided the State educational agency with evidence satisfactory to the State educational agency that not less than 75 percent of the students eligible for supplemental educational services have received or affirmatively declined those services; or
the State educational agency approves a local educational agency request to spend a lesser amount based on a State review of the local educational agency's demonstrated success in—
making significant progress in meeting the requirements of clause (i);
partnering with community-based organizations and other groups to help inform eligible students and their families of the availability of supplemental educational services;
ensuring that all eligible students are able to sign up for supplemental educational services throughout the course of the school year and the summer; and
meeting the requirements of subsections (d)(2)(E) and (d)(2)(F).
Cooperative agreement
In any case described in paragraph (1)(D), (5)(B), (6)(C), or (8)(A)(iii), or subsection (c)(9)(C)(vii), if all public schools served by the local educational agency to which a child may transfer are identified for school improvement or restructuring, then the local educational agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for a transfer.
Special rule
A local educational agency shall permit a child who transferred to another school under this subsection to remain in that school until the child has completed the highest grade in that school. The obligation of the local educational agency to provide, or to provide for, transportation for the child ends at the end of a school year if the local educational agency determines that the school from which the child transferred is no longer identified for school improvement or restructuring.
State educational agency responsibilities
The State educational agency shall—
make technical assistance under section 1117 available to schools identified for academic alert, school improvement, or restructuring under this subsection consistent with section 1117(a)(2);
if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions as the State educational agency determines to be appropriate and in compliance with State law;
ensure that academic assessment results under this part are provided to schools before any identification of a school may take place under this subsection; and
for local educational agencies or schools identified for improvement under this subsection, notify the Secretary of major factors brought to the attention of the State educational agency under section 1111(c)(7) that have significantly affected student academic achievement.
;
in subsection (c)—
in paragraph (3),
by striking 2001, failed to
and inserting 2007, does
not
;
by striking paragraph (4);
by redesignating paragraphs (5), (6), (7), (9), (10), and (11) as paragraphs (4), (5), (6), (7), (8), and (9), respectively;
in paragraph
(4)(A) (as redesignated by subparagraph (C)), by striking (10)
and inserting (8)
;
in paragraph (6) (as redesignated by subparagraph (C))—
in subparagraph (A)—
by redesignating clauses (i) through (viii) as clauses (iii) through (xii), respectively;
by inserting before clause (iii) (as redesignated by subclause (I)), the following:
describe the structural changes that the local educational agency will make, over time, in its organization and its operations to improve the educational performance of schools served by the local educational agency;
include an analysis of school districtwide achievement data, particularly of the school districtwide achievement data of students from low-income families, and include a description of how the local educational agency has used those data in structuring the local educational agency's improvement plan;
; and
in clause (v)
(as redesignated by subclause (I)), by striking (b)(3)(A)(iii)
and inserting (b)(3)(C)(vi)
; and
by adding at the end the following:
Review
In general
In developing a local educational agency plan under subparagraph (A), the local educational agency shall, at a minimum, review each of the elements described in clause (ii) of the local educational agency’s operations to identify any gaps and areas of improvement, and incorporate in the local educational agency's plan any changes to the local educational agency’s program necessary to ensure that all students meet State levels of academic proficiency.
Elements reviewed
The elements referred to in clause (i) are as follows:
Current and prior years' student achievement data for each group of students specified in section 1111(b)(2)(C)(v).
Current and prior years' secondary school graduation rate data for each group of students specified in section 1111(b)(2)(C)(v).
Teacher qualifications and the school and classroom assignments of the teachers, including a review of out-of-field teaching (as defined in clause (iii)), disaggregated by high- and low-poverty schools.
Incentives to reward effective teachers and to attract effective teachers to teach in low-income schools and high-need subjects, such as differential, incentive, merit-based, or performance-based pay systems.
All instructional programs and the degree of alignment of the programs to State academic content standards.
Evaluations of all academic programs and the effectiveness of the programs in improving student academic achievement, especially for students not meeting the State's proficient level of academic achievement.
Current allocation and budgeting of resources (including Federal, State, and local resources).
Student and staff attendance rates.
Parental outreach efforts and rates of parental involvement.
Definition of out-of-field teaching
For purposes of clause (ii)(III) the term out-of-field teaching means teaching an academic subject for which a teacher is not highly qualified.
;
in paragraph (8) (as redesignated by subparagraph (C))—
in subparagraph (B)—
in the matter
preceding clause (i), by striking (9)
and inserting
(7)
; and
in clause (ii),
by striking second
and inserting third
;
and
in subparagraph (C)(vii)—
by striking
Authorizing
and inserting Consistent with State law,
authorizing
; and
by striking
(b)(1)(E) and (F)
and inserting (b)(1)(D) and
(E)
;
by striking subsection (d) and (f);
by redesignating subsections (e), (g), and (h) as subsections (d), (e), and (f), respectively;
in subsection (d) (as redesignated by paragraph (5))—
in paragraph (1),
by striking (5), (7), or (8)
and inserting (1), (5), (6),
or (8)
;
in paragraph (2)—
in
subparagraph (C), by striking and
after the semicolon;
in subparagraph (D), by striking the period and inserting a semicolon; and
by adding at the end the following:
choose an approved provider, using a fair, open, and objective process, to operate on site in the school identified under paragraph (1), (5), (6), or (8) of subsection (b) free of charge, or for a reasonable fee, on the same basis and terms as are available to other groups that seek access to the school building; and
provide approved providers with appropriate logistical information, including information on the procedures parents follow to obtain supplemental educational services for their children.
;
by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and
by inserting after paragraph (6) the following:
Amounts for special populations
Notwithstanding subparagraph (6), the amount that a local educational agency shall make available for supplemental educational services for students with disabilities, limited English proficient students, and students in local educational agencies that are eligible for assistance under section 6211 or 6221, may equal 200 percent of the amount determined in subparagraph (6)(A), except that no student shall receive more than the actual costs of the supplemental educational services received by the student.
;
in subsection (e) (as redesignated by paragraph (5))—
by striking
Bureau of Indian Affairs
each place the term appears and
inserting Department of the Interior
;
in the heading
for paragraph (1), by striking Bureau
and inserting
Department of the
Interior
;
in paragraph (2)—
in the paragraph
heading, by striking BIA
and inserting Department of the
Interior
; and
by striking
and (e)
and inserting and (d)
; and
by striking paragraph (4) and inserting the following:
Restructuring for Department of Interior-funded schools
Contract and grant schools
For a school funded by the Department of the Interior which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act (25 U.S.C. 450 et seq.) or under a grant issued by the Secretary of the Interior pursuant to the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), the school board of such school shall be responsible for meeting the requirements of subsection (b) relating to restructuring as described in subsection (b)(8). Any action taken by such school board under subsection (b)(8) shall take into account the unique circumstances and structure of the Department of the Interior-funded school system and the laws governing that system.
Department of the Interior operated schools
For schools operated by the Department of the Interior, the Department of the Interior shall be responsible for meeting the requirements of subsection (b) relating to restructuring as described in subsection (b)(8). Any action taken by the Department of the Interior under subsection (b)(8) shall take into account the unique circumstances and structure of the Department of the Interior-funded school system and the laws governing that system.
; and
in subsection (f)
(as redesignated by paragraph (5)) by striking (b)(14)(D)
and
inserting (b)(13)(D)
.
School support and recognition
Section 1117 (20 U.S.C. 6317) is amended—
in subsection (a)(2)(A)—
by striking
corrective action
and inserting restructuring
;
and
by striking
paragraphs (7) and
and inserting paragraph
;
and
in subsection
(c)(1)(A), by striking 1003(g)
and inserting
1003(e)
.
Parental involvement
Section 1118 (20 U.S.C. 6318) is amended—
in subsection
(a)(2)(D), by striking Even Start program,
;
in subsection
(d)(1), by striking television watching
and inserting
course selection in middle and high school
; and
in subsection (e)—
in paragraph (1),
by inserting State and local secondary school graduation requirements,
entrance requirements for postsecondary education,
after State
and local academic assessments,
; and
in paragraph (4),
by striking Even Start,
.
Qualifications for teachers and paraprofessionals
In general
Section 1119 (20 U.S.C. 6319) is amended—
in subsection (a)—
by striking paragraph (1) and inserting the following:
Highly qualified teachers
In general
Except as provided in subparagraph (B), each local educational agency receiving assistance under this part shall ensure that all teachers teaching in a program supported with funds under this part are highly qualified.
Teachers in rural areas
Rural local educational agency
In this subparagraph, the term rural local educational agency means a local educational agency described in section 6211(e) or 6221(b)(1).
Newly hired teachers
In general
The Secretary may waive the requirement of subparagraph (A) in the case of a teacher—
who is first
employed by a rural local educational agency after the date of enactment of the
No Child Left Behind Act of
2007
;
who is not highly qualified; and
who meets the requirements of clause (iii).
Limitation
The Secretary may waive the requirement of subparagraph (A) only during such teacher’s first 3 years of employment as a teacher with the rural local educational agency.
Conditions
The Secretary may waive the requirement of subparagraph (A) only if the teacher—
meets the requirement described in section 9101(23)(A);
in the case of a middle or secondary school teacher, holds at least a bachelor's degree and has demonstrated a high level of competency in not less than 1 of the academic subjects in which the teacher teaches by meeting a requirement under subclause (I) or (II) of section 9101(23)(B)(ii);
receives high-quality professional development from the rural local educational agency that increases the teacher’s content knowledge in the additional core academic subjects the teacher teaches; and
participates in a mentoring or other program of intensive support provided by the rural local educational agency.
One process
A State may establish one highly objective uniform State standard of evaluation process, as described under section 9101(23)(C)(ii), for teachers who wish to demonstrate their subject matter competency under such process in multiple core academic subjects.
;
in paragraph (2),
by striking not later than the end of the 2005–2006 school year
both places such phrase appears; and
in paragraph (3),
by striking not later than the end of the 2005–2006 school
year
;
in subsection
(b), by striking beginning with the 2002–2003 school year,
each
place such phrase appears;
in subsection (c)—
in the heading,
by striking New
; and
in paragraph (1),
by striking hired after the date of enactment of the No Child Left
Behind Act of 2001 and
;
by striking subsection (d);
by redesignating subsections (e) through (l) as subsections (d) through (k), respectively;
in subsection
(d), as redesignated by paragraph (5), by striking Subsections (c) and
(d)
and inserting Subsection (c)
;
in subsection
(e), as redesignated by paragraph (5), by striking regardless of the
paraprofessionals' hiring date,
;
in subsection
(f)(3)(A), as redesignated by paragraph (5), by striking section
1119
and inserting this section
;
in subsection
(j), as redesignated by paragraph (5), by striking subsection
(l)
and inserting subsection (k)
; and
by striking subsection (k), as redesignated by paragraph (5), and inserting the following:
Minimum expenditures
Each local educational agency that receives funds under this part shall use not less than 5 percent of the funds for each fiscal year, for professional development activities and teacher recruitment and retention activities, which may include differential, incentive, and merit- or performance-based pay, to ensure that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers.
.
Teacher development
Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding after section 208 the following:
Teacher development
In general
As a condition of receiving assistance under title IV, an institution of higher education that conducts a teacher preparation program that enrolls students receiving Federal assistance under this Act shall set annual quantifiable goals for—
increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary, including mathematics, science, special education, and instruction of limited English proficient students; and
more closely linking the training provided by the institution with the needs of schools and the instructional decisions new teachers face in the classroom.
Assurances
An institution of higher education described in subsection (a) shall provide an assurance to the Secretary that—
training provided to prospective teachers responds to the identified needs of the local educational agencies or States where graduates are likely to teach (based on past hiring and recruitment trends);
prospective special education teachers receive coursework in core content areas and receive training in providing instruction in core content areas;
general education teachers receive training in providing instruction to diverse populations, including students with disabilities, limited English proficient students, and students from low-income families; and
prospective teachers receive training on how to effectively teach in urban and rural schools.
Public reporting
As part of the report card required under section 207(f), an institution of higher education described in this section shall publicly report whether the goals established under subsection (a) have been met.
.
Grants for the outlying areas and the Secretary of the Interior
Section 1121(b) (20 U.S.C. 6331(b)) is amended—
in paragraph (2)—
by striking
each appropriate outlying area
and inserting the Republic
of Palau
; and
by striking
2001
and inserting 2007
;
in paragraph
(3)(A), by striking and freely associated States
; and
in paragraph (4),
by striking States
and inserting states
.
Allocations to States
Section 1122(a) (20
U.S.C. 6332(a)) is amended, in the matter preceding paragraph (1), by striking
fiscal years 2002–2007
and inserting fiscal years
2008–2013
.
Basic grants to local educational agencies
Section 1124 (20 U.S.C. 6333) is amended—
in subsection (a)(4)—
in subparagraph
(B), by striking less than
and all that follows through the
period and inserting less than 100.0 percent.
; and
in subparagraph (C)—
in
clause (i), by inserting or
after the semicolon;
by striking clause (ii); and
by redesignating clause (iii) as clause (ii); and
in subsection
(c)(3)(A), by striking In fiscal year 2002 and each subsequent fiscal
year,
and inserting In each fiscal year,
.
Education finance incentive grant program
Section 1125A (20 U.S.C. 6337) is amended—
in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; and
in subsection
(f), by striking 2002
and inserting 2008
.
Student reading skills improvement grants
Reading first
Formula grants to State educational agencies
Section 1202 (20 U.S.C. 6362) is amended—
in subsection
(b)(1)(E), by striking , beginning with fiscal year
2004,
;
by striking clause (ii) of subsection (c)(6)(B) and inserting the following:
have the highest percentages of children who are eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act.
;
in subsection (c)(7)(B)—
by striking clause (i); and
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and
in subsection
(e)(2), by striking peer review panel
and inserting
Committee
.
State formula grant applications
Section 1203 (20 U.S.C. 6363) is amended—
in subsection (a)—
by striking paragraph (2); and
by striking
Applications.—
and all that follows
through A State
and inserting Applications.—A
State
;
in subsection (b)—
by striking paragraph (2);
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
in paragraph (3) (as redesignated by subparagraph (B))—
by redesignating subparagraph (I) as subparagraph (J); and
by inserting after subparagraph (H) the following:
How the State educational agency will collect and report to the Secretary, for each school served by a local educational agency receiving a subgrant under section 1202, baseline data on the reading achievement of students in grades 1 through 3 in the year prior to the first year of the project.
;
in subsection (c)(2)—
in the matter preceding clause (i) of subparagraph (A)—
in
the first sentence, by striking panel to evaluate
and inserting
Reading First Advisory Committee (referred to in this subpart as
; andthe Committee
) to evaluate
in
the second sentence, by striking panel shall
and inserting
Committee shall
;
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
by inserting after subparagraph (A) the following:
Limitation
The Committee shall not be comprised of a majority of members selected by 1 individual or entity described in subparagraph (A).
;
in subparagraph
(C), as redesignated by subparagraph (B), by striking The panel
and inserting The Committee
;
in subparagraph (D), as redesignated by subparagraph (B)—
by
striking The panel
and inserting The Committee
;
and
by inserting
and shall provide the Secretary with feedback for State educational
agencies whose applications are not approved
before the period at the
end;
by adding at the end the following:
Subcommittees
In general
At its sole discretion, the Committee may form 1 or more subcommittees, comprised of members of the Committee, to assist the Committee with the Committee's functions described in this paragraph.
Representation
Each subcommittee formed by the Committee shall include not less than 1 member selected by each individual or entity described in subparagraph (A), and in no case shall be comprised of a majority of members selected by 1 such individual or entity. Members of the Committee may serve on 1 or more subcommittees.
Committee review
After a subcommittee makes recommendations regarding a grant application under this section, the Committee shall—
review the recommendations made by the subcommittee, including any feedback to be provided to the State educational agency regarding the application; and
following such review, make a final recommendation, including any feedback, to the Secretary in accordance with subparagraph (D).
Governance
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee.
Conflicts of interest
In general
The Secretary shall establish a process through which each individual selected to be a member of the Committee shall be screened for potential conflicts of interest before becoming a member.
Screening
The screening process described in clause (i) shall—
be reviewed and approved by the Office of General Counsel of the Department;
include, at a minimum—
a review of each potential member's connection to any State's program under this subpart;
each potential member's potential financial interest in any product that might be purchased by a State educational agency or local educational agency in the course of such agency's implementation of a grant under this subpart; and
each potential member's professional connections to teaching methodologies that might require the use of specific products; and
be designed to prevent, to the extent possible, bias or the appearance of bias in the Committee's performance of the Committee's responsibilities under this paragraph.
Guidance
In general
The Secretary shall—
develop guidance for how the Committee and any subcommittees created in accordance with subparagraph (E) will—
review applications submitted under this section; and
provide feedback to State educational agencies and recommendations to the Secretary; and
develop guidance for how the Secretary will review the recommendations of the Committee and any subcommittees and make final determinations of funding or disapproval of an application submitted under this section.
Requirements
The guidance described in clause (i) shall, at a minimum—
create a transparent process through which the Committee and any subcommittees of the Committee provide clear, consistent, and publicly available documentation in support of all recommendations;
ensure that the Committee reviews any subcommittee feedback prior to that feedback being submitted to a State educational agency;
ensure that a State educational agency has the opportunity for direct interaction with the Committee and any subcommittees, as appropriate, when revising an application under this section as a result of feedback submitted by the Committee or a subcommittee;
require that the Committee, any subcommittee, and the Secretary clearly and consistently document that all criteria described in subsection (b) are met before an application submitted under this section is approved; and
create a transparent process through which the Secretary clearly, consistently, and publicly documents the Secretary's decision to fund or disapprove each application submitted under this section and the reasons for such decision.
; and
by striking subsection (d)(4).
Targeted assistance grants
Section 1204 (20 U.S.C. 6364) is amended—
in subsection
(a), by striking Beginning with fiscal year 2004, from
and
inserting From
; and
in subsection (c)(2)—
in the first
sentence, by striking peer review panel
and inserting
Committee
; and
in the second
sentence, by striking panel shall
and inserting Committee
shall
.
External evaluation
Section 1205 (20 U.S.C. 6365) is amended by adding at the end the following:
Limitation
In general
The Secretary shall ensure that the independent organization described in subsection (a) does not hold a contract or subcontract to implement any aspect of a program under this subpart.
Subcontractors
The contract entered into under subsection (a) shall prohibit the independent organization conducting the evaluation from entering into a subcontract with any entity that holds a contract or subcontract to implement any aspect of a program under this subpart.
.
National activities
Section 1206 (20 U.S.C. 6366) is amended—
in the matter
preceding paragraph (1), by inserting before From funds
the
following:
Technical assistance and evaluation
; and
by adding at the end the following:
Contracts for technical assistance
In general
The Secretary may enter into contracts with independent entities to perform the activities described in subsection (a)(1).
Conflicts of interest
In general
If the Secretary enters into a contract described in paragraph (1), the Secretary shall—
ensure that such contract requires the independent entity to screen for conflicts of interest through the screening process described in subparagraph (B) when hiring individuals to carry out the responsibilities under the contract; and
ensure that such contract requires the independent entity to include the requirement under clause (i) in any subcontract that such entity enters into to fulfill the responsibilities described in subsection (a)(1).
Screening process
The screening process shall—
include, at a minimum, a review of each individual performing duties under the contract or subcontract for—
any connection to a State's program under this subpart;
any potential financial interest in, or other connection to, products that might be purchased by a State educational agency or local educational agency in the course of such agency’s implementation of a program or project under this subpart; and
any connection to a teaching methodology that might require the use of a specific product; and
be designed to prevent, to the extent possible, bias or the appearance of bias in the performance of the responsibilities under the contract or subcontract.
Information dissemination
If the Secretary enters into a contract under paragraph (1), or if a contracted entity enters into a subcontract to carry out the responsibilities under such contract, the contract or subcontract shall require the contractor or subcontractor to clearly separate technical assistance provided under such contract or subcontract from information provided, or activities engaged in, as part of the normal operations of the contractor or subcontractor. Efforts to comply with this paragraph may include the creation of separate web pages for the purpose of fulfilling a contract or subcontract entered into under this subsection.
.
Prohibition of Federal Government intervention
Subpart 1 of part B of title I (20 U.S.C. 6361 et seq.) is further amended by inserting after section 1207 the following:
Prohibition of Federal Government intervention
In general
Nothing in this subpart shall be construed to alter or lessen the prohibitions under section 9527(b) or section 103(b) of the Department of Education Organization Act.
Guidance
In general
The Secretary shall develop guidance for Department employees responsible for the implementation of this subpart that will assist such employees in complying with the prohibitions described in subsection (a).
Contents of guidance
The guidance described in paragraph (1) shall—
emphasize the importance of consultation with the Office of General Counsel of the Department on issues related to such prohibitions; and
stress that any information disseminated, or technical assistance provided, in accordance with this subpart, shall represent multiple perspectives and not in any way endorse or appear to endorse any particular product or service that might be purchased by a State educational agency or local educational agency in the course of such agency's implementation of a program under this subpart.
.
Early Reading first
Evaluation
Section 1226 (20 U.S.C. 6376) is amended—
in subsection
(a), by striking October 1, 2002, and ending September 30, 2006,
and inserting October 1, 2007, and ending September 30, 2011,
;
and
in subsection (b)—
in paragraph (1),
by striking 2004
and inserting 2009
; and
in paragraph (2),
by striking 2006
and inserting 2011
.
Striving Readers
Striving Readers
Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.) is amended to read as follows:
Striving Readers
Purpose; definitions
Purpose
The purpose of this subpart is to raise the reading achievement of middle school and high school students in schools that are eligible for assistance under part A and that enroll significant numbers of students reading below grade level, by supporting the implementation and evaluation of new and existing comprehensive reading initiatives that improve the quality of literacy instruction across the curriculum and provide intensive literacy interventions to struggling adolescent readers.
Definitions
In this subpart:
Eligible applicant
The term eligible applicant means any of the following:
A local educational agency that—
is eligible to receive funds under part A to carry out section 1113; and
serves an eligible school with students in 1 or more of grades 6 through 12.
A partnership consisting of—
a local educational agency described in subparagraph (A); and
1 or more of the following entities:
Another local educational agency described in subparagraph (A).
A State educational agency.
An institution of higher education.
A public or private organization with expertise in adolescent literacy or rigorous evaluation of education programs.
A State educational agency, applying on behalf of 1 or more local educational agencies described in subparagraph (A), individually or jointly with 1 or more of the following entities:
An institution of higher education.
A public or private organization with expertise in adolescent literacy or rigorous evaluation of education programs.
Eligible school
The term eligible school means a school that is eligible for funds under section 1113.
Striving readers grants
Program authorized
In general
From amounts appropriated under this subpart, the Secretary shall award grants, on a competitive basis, to eligible applicants to carry out activities consistent with the purpose of this subpart.
Duration
A grant awarded under this subsection shall be for a period of not more than 5 years.
Applications
An eligible applicant that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require, including—
information on the eligible schools to be served by the project, including—
such demographic, socioeconomic, and reading achievement data as the Secretary may request; and
evidence that the schools proposed to be served have significant numbers or percentages of students reading below grade level;
a description of the instructional program that will be used in the project, including information on how the program reflects strong research-based evidence on adolescent literacy instruction; and
a description of the activities that will be carried out under the grant, including a description of the professional development that will be provided to teachers, administrators, and other personnel, and of how those activities will support achievement of the purposes of the grant.
Uses of funds
An eligible applicant receiving a grant under this subpart shall use grant funds received to—
provide middle- and high-school aged students who are not less than 2 years below grade level in reading with targeted interventions to improve the students' basic reading skills, vocabulary, fluency, and reading comprehension using research-based strategies;
implement school-level strategies to increase reading achievement for students by improving the quality of literacy instruction across the curriculum;
provide teachers with professional development on scientifically based reading research for adolescent students or on integrating comprehension and literacy skills in the classroom across subject areas;
acquire, provide training for, and implement valid and reliable reading assessments or other appropriate measures that are based on scientifically based reading research to determine whether students are developing and improving reading skills;
provide professional development to teachers, administrators, and other personnel, to support achievement of the purposes of the project; and
design and implement a rigorous evaluation, including random assignment of students, of the grantee’s targeted literacy interventions that will measure whether the interventions were properly implemented and will track student performance in reading and literacy as measured by regular ongoing assessment as well as the results of the State academic assessments of reading or language arts, as described in section 1111(b)(3).
Fiscal agent
Each eligible applicant for a grant under this subpart shall identify, in the application, a participating local educational agency described in section 1231(b)(1)(A) or a State educational agency, that will serve as the fiscal agent for the grant.
Participation of private school children and teachers
In making grants under this subpart, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel serving these students in professional development programs.
Evaluation and technical assistance
The Secretary may use funds appropriated under this subpart to provide technical assistance to grantees and to conduct a program evaluation.
Program performance and accountability
Each eligible applicant receiving a grant under this subpart shall collect and report to the Secretary such information on the results of the grant as the Secretary may reasonably require, including information on—
the percentage of middle school and high school students reading significantly below grade level who demonstrate a gain in their reading achievement, at a minimum of 1 grade level or its equivalent, after participating in a targeted intervention under the grant over an academic school year; and
the percentage of students in schools participating in the program who score at or above the proficient level on the State academic assessments of reading or language arts described in section 1111(b)(3).
.
Improving literacy through school libraries
Improving literacy through school libraries
Subpart 4 of part B of title I (20 U.S.C. 6383) is amended—
by redesignating section 1251 as section 1241; and
in section
1241(j)(1) (as redesignated by paragraph (1)), by striking 2001
and inserting 2007
.
Education of migratory children
Program purpose
Section 1301 (20 U.S.C. 6391) is amended to read as follows:
Program purpose
It is the purpose of this part to assist States in providing high-quality, comprehensive education programs (including instructional and supportive services, as appropriate) that address the special educational needs of migratory children that result from such children's migratory lifestyle, in order to—
help such children succeed in school and meet the same challenging State academic content standards and student academic achievement standards that all children are expected to meet; and
prepare such children to make a successful transition to postsecondary education or employment.
.
State allocations
Section 1303 (20 U.S.C. 6393) is amended—
by striking subsection (a) and inserting the following:
State allocations
In general
From the amounts made available for this part for a fiscal year and subject to paragraph (2), each State (other than the Commonwealth of Puerto Rico) shall be entitled to receive an amount equal to the product of—
the number of identified migratory children, aged 3 through 21, residing in the State, as determined in accordance with subsection (d); and
40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.
Hold harmless
Notwithstanding paragraph (1), for each of the fiscal years 2008 through 2010, each State shall be allotted the greater of—
the amount determined under paragraph (1) for such State for the fiscal year; or
an amount equal to 90 percent of the amount the State received under this part for the previous fiscal year.
;
in subsection (b)—
by striking paragraphs (2) and (3);
by striking
Puerto
Rico.—
and all that follows through For
each
and inserting Puerto Rico.—For each
; and
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately;
in subsection
(c)(2)(A), by striking required
and inserting
needed
; and
by striking subsections (d) and (e) and inserting the following:
Determining numbers of eligible students
In order to determine the estimated number of migratory children residing in each State for purposes of this section, the Secretary shall use the most recent information available that the Secretary finds most accurately reflects the actual number of migratory children.
.
State applications; services
Section 1304 (20 U.S.C. 6394) is amended—
in subsection (b)—
in paragraph
(1)(B), by striking migrant
and inserting
migratory
; and
in paragraph (5),
by striking , the requirements
and all that follows through the
semicolon at the end and inserting and the requirements of subsection
(d);
;
in subsection (c)—
in paragraph
(6)(E), by striking and
after the semicolon;
in paragraph (7)—
by
striking paragraphs (1)(A) and (2)(B)(i) of section 1303(a)
and
inserting section 1303(a)(1)(A)
; and
by
striking the period and inserting ; and
; and
by adding at the end the following:
the State will require that each paraprofessional hired to work in a program or project assisted under this part, and supported with funds received under this part, meet the requirements set forth under subsections (c), (e), and (f) of section 1119, except that—
if the paraprofessional was hired before the date of enactment of the No Child Left Behind Act of 2007, such paraprofessional shall not be required to meet the requirements set forth under section 1119(c) of this Act until the end of the 4-year period following such date of enactment; and
if the paraprofessional is a paraprofessional described in paragraph (1) or (2) of section 1119(d), such paraprofessional shall not be required to meet the requirements of section 1119(c).
; and
in subsection
(d), by striking whose education has been interrupted during the regular
school year
and inserting who have moved within the past 12
months, on their own or with their parent or guardian, in order to obtain, or
return from obtaining, temporary or seasonal employment in agricultural or
fishing work.
.
Comprehensive needs assessment
Section 1306 (20 U.S.C. 6396) is amended—
in subsection
(a)(1), in the matter preceding subparagraph (A), by inserting after
migratory children
the following: that result from such
children's migratory lifestyle (including lack of educational continuity,
missed instruction, low school and social engagement, cultural and language
barriers, health-related problems, difficulties parents face in helping such
children with school, and limited access to other educational and social
services),
; and
in subsection (b)(2)—
in the paragraph
heading, by striking Unaddressed
and inserting
Unmet
;
by striking
address
and inserting meet
;
by striking
not addressed
and inserting not met
; and
by striking
addresses
and inserting has met
.
Coordination of migrant education activities
Section 1308 (20 U.S.C. 6398) is amended—
in subsection (b)—
in paragraph (2)—
by striking subparagraph (B); and
by
striking Information
system.—
and all that follows through The
Secretary, in consultation
and inserting Information system.—The
Secretary, in consultation
;
by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and indenting such subparagraphs appropriately; and
by striking paragraph (4);
by striking subsection (c) and inserting the following:
Availability of funds
From the funds appropriated for any fiscal year to carry out this part, the Secretary may reserve not more than $12,500,000 to carry out this section for such fiscal year.
;
in subsection
(d), by striking whose education is interrupted
and inserting
described in section 1304(d)
; and
by striking subsection (e).
Evaluation and study
Part C of title I (20 U.S.C. 6391 et seq.) is amended by adding at the end the following:
Evaluation and study
Program evaluation
In general
From funds appropriated to carry out this part for fiscal years 2008 through 2013, the Secretary may reserve a total of not more than $5,000,000 to carry out a national evaluation of the program under this part, including an examination of the success of State efforts to identify and meet the unique educational needs of migratory children.
Institute of Education Sciences
The Secretary shall carry out the evaluation through the Institute of Education Sciences.
Study
In general
From the amounts described in paragraph (2), the Secretary shall conduct a pilot study on the feasibility of using the National Assessment of Educational Progress under section 303 of the National Assessment of Educational Progress Authorization Act for assessing and reporting on the academic achievement of migratory children in grades 4 and 8 in reading and mathematics
Funding source
Notwithstanding section 305 of the National Assessment of Educational Progress Authorization Act, a portion of the funds appropriated under such section for the 2009 National Assessment of Educational Progress may be used by the Secretary to carry out the pilot study.
.
Prevention and Intervention Programs for Children and Youth who are neglected, delinquent, or at-risk
Allocation of funds
Section 1412(b)(2) (20 U.S.C. 6432(b)(2)) is amended to read as follows:
Minimum percentage
The percentage in paragraph (1)(A) shall not be less than 85.0 percent for any fiscal year.
.
Career education
Part D of title I (20 U.S.C. 6421 et seq.) is amended—
in section 1414—
in subsection
(a)(2)(A), by striking vocational
and inserting
career
; and
in subsection
(c)(8), by striking vocational
and inserting
career
;
in section
1415(a)(1)(B), by striking vocational
and inserting
career
;
in section
1418(a)(2), by striking vocational
each place the term appears
and inserting career
;
in section
1423(9), by striking vocational
and inserting
career
;
in section
1424(4), by striking vocational
and inserting
career
; and
in section
1425(9), by striking vocational
and inserting
career
.
National assessment of title I
Evaluations
Section 1501 (20 U.S.C. 6491) is amended—
in subsection (a)—
in paragraph (2)—
in subparagraph (C)—
by striking clause (i); and
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively;
in subparagraph (E)—
by striking clause (ii);
by redesignating clauses (iii), (iv), and (v), as clauses (ii), (iii), and (iv), respectively;
in clause
(iii), as redesignated by subclause (II), by striking , including the
impact of the technical assistance on such achievement
; and
in clause (iv),
as redesignated by subclause (II), by striking not later than the end of
the 2005–2006 school year
;
by striking subparagraphs (G) and (H);
by redesignating subparagraphs (I) through (O) as subparagraphs (G) through (M), respectively; and
in
subparagraph (G)(iii), as redesignated by clause (iv), by striking
provisions, the
and all that follows through the period and
inserting provisions, and the implementation of these
provisions.
;
in paragraph (3),
by striking section 411 of the National Education Statistics Act of
1994
and inserting the National Assessment of Educational
Progress Authorization Act
;
by striking paragraph (5);
by redesignating paragraph (6) as paragraph (5); and
in paragraph (5), as redesignated by subparagraph (D)—
in subparagraph (A)—
by striking
No Child Left Behind Act of 2001
and inserting [short
title]
; and
by striking
the Workforce
and inserting Labor
; and
in subparagraph (B)—
by striking
No Child Left Behind Act of 2001
and inserting [short
title]
; and
by striking
the Workforce
and inserting Labor
;
in subsection (c)—
in paragraph (2)—
by striking subparagraph (D); and
by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and
in paragraph
(3)(C), by striking including
and all that follows through the
period and inserting including schoolwide and targeted
services.
; and
in subsection (d)(3)(B)—
in clause (i), by
striking subsection (a)(6)(B)
and inserting subsection
(a)(5)(B)
; and
in clause (iii),
by striking subsection (a)(6)(B)
and inserting subsection
(a)(5)(B)
.
Assessment evaluation
Section 1503 (20 U.S.C. 6493) is amended—
in subsection (b), by striking The
Assistant Secretary of Educational Research and Improvement
and
inserting The Director of the Institute of Education
Sciences
;
in subsection
(c)(3), by striking the Workforce
and inserting
Labor
; and
in subsection
(e), by striking the Workforce
and inserting
Labor
.
Close up fellowship program
Part E of title I (20 U.S.C. 6491) is amended by striking section 1504.
Math now
Math Now
Part F of title I (20 U.S.C. 6511 et seq.) is amended to read as follows:
Math Now
Purposes; definition
Purposes
The purposes of this subpart are—
to enable all elementary and middle school students to reach or exceed grade-level student academic achievement standards in mathematics; and
to prepare such students to enroll in and pass algebra courses by—
improving instruction in mathematics for students in kindergarten through grade 9 through the implementation of mathematics programs and the support of comprehensive mathematics initiatives that are based on scientifically valid research and reflect a demonstrated record of effectiveness; and
providing targeted help to low-income students who are struggling with mathematics and whose mathematics achievement is significantly below grade level.
Definitions
In this part:
Eligible local educational agency
The term eligible local educational agency means a local educational agency serving not less than 1 elementary or middle school—
with a significant number or percentage of students whose mathematics skills are below grade level; or
that did not make adequate yearly progress in mathematics, as determined under section 1111(b)(2) for the most recent school year for which such information is available.
Scientifically valid research
The term scientifically valid research has the meaning given that term in section 102 of the Education Sciences Reform Act of 2002.
Grants and subgrants
Program authorized
In general
From the amounts appropriated under section 1002(f) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to award subgrants to eligible local educational agencies to carry out the activities described in subsection (c).
Duration of grant
A grant awarded under this section shall be for a period of not more than 5 years.
Priority
In awarding grants under this section, the Secretary shall give priority to applications for projects that will implement statewide strategies for improving mathematics instruction and raising the mathematics achievement of students, particularly students in grades 4 through 9.
State uses of funds
In general
Each State educational agency that receives a grant under this section for a fiscal year—
shall use not more than a total of 10 percent of the grant funds to carry out the activities described in paragraphs (2) and (3) for the fiscal year; and
shall use not less than 90 percent of the grant funds to award subgrants, on a competitive basis, to eligible local educational agencies within the State to enable the eligible local educational agencies to carry out the activities described in subsection (c) for the fiscal year.
Mandatory uses of funds
A State educational agency shall use the grant funds made available under paragraph (1)(A) to carry out each of the following activities:
Planning and administration
Planning and administration of the grant and subgrant programs, including—
evaluating applications from eligible local educational agencies using peer review teams described in subsection (d)(1)(D);
administering the distribution of subgrants to eligible local educational agencies; and
assessing and evaluating, on a regular basis, eligible local educational agency activities assisted under this section, with respect to whether the activities have been effective in increasing the number of students—
making progress toward meeting the student academic achievement standards in mathematics for the students' grade level; and
meeting or exceeding the proficient level for the students' appropriate grade level on the State academic assessments in mathematics described in section 1111(b)(3).
Reporting
Annually reporting to the Secretary with information on the implementation of this section, as described in subsection (g).
Permissive use of funds; technical assistance
In general
A State educational agency may use the grant funds made available under paragraph (1)(A) for 1 or both of the following technical assistance activities that assist an eligible local educational agency in accomplishing the tasks required to design and implement a project under this section:
Assistance in implementing a mathematics program or comprehensive mathematics initiative that is based on scientifically valid research and reflects a demonstrated record of effectiveness.
Assistance in evaluating and selecting diagnostic and classroom-based instructional mathematics assessments.
Guidance
The technical assistance described in subparagraph (A) shall be guided by—
researchers with expertise in the pedagogy of mathematics;
mathematicians; and
mathematics educators from high-risk, high-achievement schools.
Local uses of funds
Mandatory uses of funds
Each eligible local educational agency receiving a subgrant under this section shall use the subgrant funds to carry out each of the following activities:
Implementation of program or initiative
Implementing a mathematics program or comprehensive mathematics initiative—
for students in the grades of a participating school that were identified in the application submitted under subsection (d)(2)(B); and
that is research-based and reflects a demonstrated record of effectiveness.
Professional development
Providing professional development and instructional leadership activities for teachers and, if appropriate, for administrators and other school staff, on the implementation of comprehensive mathematics initiatives designed—
to improve the achievement of students performing significantly below grade level;
to improve the mathematical content knowledge of the teachers, administrators, and other school staff;
to increase the use of effective instructional practices; and
to monitor student progress.
Progress monitoring
Conducting continuous progress monitoring, which may include the adoption and use of assessments that—
measure student progress and identify areas in which students need help in learning mathematics; and
reflect mathematics content that is consistent with the State student academic achievement standards in mathematics described in section 1111(b)(1).
Permissive uses of funds
An eligible local educational agency may use subgrant funds under this section to—
adopt and use mathematics instructional materials and assessments;
implement classroom-based mathematics assessments, including diagnostic or formative assessments;
provide remedial mathematics coursework and interventions for students, which may be provided before or after school;
provide small groups with individualized instruction in mathematics;
conduct activities designed to improve the content knowledge and expertise of teachers, such as the use of a mathematics coach, enrichment activities, or interdisciplinary methods of mathematics instruction; or
collect and report performance data.
Applications
State educational agency
Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include—
an assurance that the core mathematics instructional programs, supplemental instructional materials, and intervention programs used by the eligible local educational agencies receiving subgrants under this section will—
be based on scientifically valid research;
reflect a demonstrated record of effectiveness; and
be aligned with State student academic achievement standards;
an assurance that all eligible local educational agencies receiving subgrants will meet the requirements described in paragraph (2);
an assurance that local applications will be evaluated using a peer review process;
a description of the qualifications of the peer review teams, which shall consist of—
researchers with expertise in the pedagogy of mathematics;
mathematicians; and
mathematics educators serving high-risk, high-achievement schools and eligible local educational agencies; and
an assurance that the State will establish a process to safeguard against conflicts of interest, consistent with section 1603(b), for individuals providing technical assistance on behalf of the State educational agency under this part or participating in the State peer review process described in subparagraph (C).
Eligible local educational agency
Each eligible local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require. Each application shall include—
an assurance that the eligible local educational agency will provide assistance to 1 or more schools that are—
served by the eligible local educational agency; and
described in section 1601(b);
a description of each of the grades kindergarten through grade 9, and of the schools, that will be served;
information, on an aggregate basis, on each school to be served by the project, including such demographic, socioeconomic, and mathematics achievement data as the State educational agency may request;
a description of the core mathematics instructional program, supplemental instructional materials, and intervention programs or strategies that will be used for the project, including an assurance that the programs, materials, or strategies—
are based on scientifically valid research;
reflect a demonstrated record of effectiveness; and
are aligned with State student academic achievement standards;
a description of the activities that will be carried out under the subgrant, including—
a description of the professional development that will be provided to teachers, and, if appropriate, administrators and other school staff; and
a description of how the activities will support the achievement of the purposes of this part;
an assurance that the eligible local educational agency will report to the State educational agency all data on student academic achievement that is necessary for the State educational agency's report under subsection (g); and
any other information the State educational agency may reasonably require.
Matching requirements
State educational agency
For each fiscal year of a grant under this section, the State educational agency that receives the grant shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in-kind, to carry out the activities supported by the grant.
Waiver
The Secretary may waive all or a portion of the matching requirement described in paragraph (1) for any fiscal year, if the Secretary determines that—
the application of the matching requirement will result in serious hardship for the State educational agency; or
providing a waiver best serves the purpose of the projects assisted under this section.
Supplement not supplant
Grant funds provided under this part shall be used to supplement, not supplant, other Federal and State funds available to carry out the activities described in subsection (c).
Program performance and accountability
Information
Each State educational agency receiving a grant under this section shall collect and report to the Secretary annually such information on the results of the grant as the Secretary may reasonably require, including information on—
mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school district-wide, or classroom-based assessments, including—
specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and
evidence of whether the State educational agency and eligible local educational agencies within the State have—
significantly increased the number of such students achieving at or above grade level in mathematics;
significantly increased the percentages of such students, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II), who are achieving at or above grade level in mathematics;
significantly increased the number of such students making significant progress toward meeting the State student academic achievement standards in mathematics for the appropriate grade level; and
successfully implemented this section;
the percentage of students in the schools served by each eligible local educational agency receiving a subgrant under this section who enroll in algebra courses and the percentage of such students who pass algebra courses; and
the progress made in increasing the quality and accessibility of professional development and leadership activities in mathematics, especially activities resulting in greater content knowledge and expertise of teachers, administrators, and other school staff, except that the Secretary shall not require such information until after the third year of a grant awarded under this section.
Reporting and disaggregation
The information required under paragraph (1) shall be—
reported in a manner that allows for a comparison of aggregated score differentials of student academic achievement before (to the extent feasible) and after the implementation of the project assisted under this section; and
disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i).
Privacy protection
The data in the report shall be reported in a manner that—
protects the privacy of individuals; and
complies with the requirements of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
Evaluation and technical assistance
Evaluation
In general
From the amounts reserved under paragraph (3), the Secretary shall—
conduct an annual independent evaluation, by grant or by contract, of the program assisted under this section, which shall include an assessment of the impact of the program on student academic achievement and teacher performance; and
shall annually submit to the authorizing committees a report on the results of the evaluation.
Technical assistance
The Secretary may use funds made available under paragraph (3) to provide technical assistance to prospective applicants for grants or subgrants under this section and to eligible local educational agencies receiving subgrants.
Reservation of funds
The Secretary may reserve not more than 2.5 percent of funds appropriated under section 1002(f) for a fiscal year to carry out this subsection.
Prohibitions
In general
In implementing this part, the Secretary shall not—
endorse, approve, or sanction any mathematics curriculum designed for use in any school; or
engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics program or instructional materials by a State, local educational agency, or school.
Conflict of interest
Any Federal employee, contractor, or subcontractor involved in the administration, implementation, or provision of oversight or technical assistance duties or activities under this part shall fully comply with all applicable Federal statutes, regulations, Executive orders, and Department of Education policies relating to ethical behavior (including provisions relating to conflicts of interest and to impropriety and the appearance of impropriety), including—
titles 5 and 18, United States Code;
the Ethics in Government Act of 1978 (5 U.S.C. App.);
part 2635 of title 5, Code of Federal Regulations (regarding the standards of ethical conduct for employees of the executive branch), or any corresponding similar regulation;
part 6301 of title 5, Code of Federal Regulations (regarding the supplemental standards of conduct for employees of the Department), or any corresponding similar regulation; and
Executive Order 12731 (55 Fed. Reg. 42547; relating to the principles of ethical conduct for Federal Government officers and employees), or any corresponding similar executive order.
Rule of construction
Nothing in this part shall be construed to authorize or permit the Secretary, the Department, or a contractor for the Department, to mandate, direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school.
.
Advanced placement programs
Purposes
Section 1702(3) (20 U.S.C. 6532(3)) is
amended by striking , Scholastic Aptitude Test (SAT) scores that are 100
points above the national averages,
.
Advanced Placement incentive program grants
Section 1705 (20 U.S.C. 6535) is amended—
in subsection (a)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by striking paragraph (1) and inserting the following:
Grants authorized
Grants to partnerships
For any fiscal year for which the funds appropriated under section 1002(g) are less than $100,000,000, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to carry out the authorized activities described in subsection (d).
Grants to State educational agencies
In general
For any fiscal year for which funds appropriated under section 1002(g) are equal to or more than $100,000,000—
in the case of an eligible entity in the State that was previously awarded a grant under paragraph (1) whose grant period has not ended, the Secretary shall reserve funds in a sufficient amount to make payments to the entity in accordance with the terms of the grant; and
from the amounts remaining after the reservation of funds under clause (i), the Secretary shall make allotments under subparagraph (B) to State educational agencies to enable such agencies to award subgrants, on a competitive basis, to eligible entities to carry out the authorized activities described in subsection (d).
Allotment
From amounts remaining after the reservation of funds under subparagraph (A)(i) for a fiscal year and subject to subparagraph (C), the Secretary shall make allotments to each State for a fiscal year in an amount that bears the same relation to the total of such remaining amounts for the fiscal year as the number of children eligible to be counted under section 1124(c) in the State bears to the number of children so counted in all the States.
Minimum allotment
The amount of any State educational agency’s allotment under subparagraph (B) for any fiscal year shall not be less than one-half of 1 percent of the amount made available under this part for such year.
Subgrant limitation
An eligible entity described in paragraph (4)(A) shall not be eligible for a subgrant under subparagraph (A)(ii).
;
in paragraph (3) (as redesignated by subparagraph (A))—
in
subparagraph (A), by striking The Secretary shall award a grant under
this section
and inserting A grant or subgrant awarded under
this section shall be
; and
in
subparagraph (B), by striking The Secretary shall make grant payments
under this section
and inserting Grant payments or subgrant
payments under this section shall be made
;
by striking paragraph (4) (as redesignated by subparagraph (A)) and inserting the following:
Definition of eligible entity
In this section, the term eligible entity means—
a State educational agency;
a local educational agency; or
a national nonprofit educational entity with expertise in advanced placement services.
;
in subsection
(c), by striking In awarding grants under this section, the
Secretary
and inserting In awarding grants under subsection
(a)(1) or subgrants under subsection (a)(2), the Secretary or State educational
agency, respectively,
;
in subsection (d)—
in paragraph (1),
by striking grant funds
and inserting grant or subgrant
funds
;
in paragraph (2)—
by
striking that is a State educational agency
and inserting
described in subsection (a)(4)(A) that receives a grant under subsection
(a)(1)
; and
by
striking local educational agencies to enable the local educational
agencies
and inserting eligible entities described in
subparagraph (B) or (C) of subsection (a)(4) to enable the eligible
entities
;
in subsection
(e), by striking awarded a grant
and inserting awarded a
grant or subgrant
; and
in subsection (f)(1)—
by striking
awarded a grant
and inserting awarded a grant or
subgrant
; and
by striking
the Secretary
and inserting the Secretary or the State
educational agency, as applicable
.
Supplement, not supplant
Section 1706 (20
U.S.C. 6536) is amended by striking Grant funds
and inserting
Grant funds and subgrant funds
.
Secondary School Graduation
Secondary school graduation
Part H of title I (20 U.S.C. 6551 et seq.) is amended to read as follows:
High school graduation
Short title
This part may be cited
as the Graduate for a Better Future
Act
.
Purposes
The purposes of this part are—
to create models of excellence for academically rigorous high schools, including early college high schools, in order to prepare all students for postsecondary education and work;
to raise high school graduation rates and college-going rates;
to reduce remediation rates at institutions of higher education;
to create a seamless curriculum between high school and postsecondary education;
to improve teaching and curricula to make high school more rigorous and relevant;
to improve instruction and access to supports for struggling high school students; and
to create, implement, and use early warning systems to help identify students at risk of dropping out of high school, especially systems that monitor student absenteeism.
Definitions
In this part:
Advanced placement or international baccalaureate course
The term Advanced Placement or International Baccalaureate course means a course of college-level instruction provided to middle school or high school students, terminating in an examination administered by the College Board or the International Baccalaureate Organization.
College-going rate
The term college-going rate means the percentage of high school graduates who enroll at an institution of higher education in the school year immediately following graduation from high school.
Dual credit courses
The term dual credit course means a college course that—
may be taken at a high school or at an institution of higher education;
is taught by college faculty; and
the successful completion of which can earn high school academic credit as well as postsecondary academic credit.
Eligible entity
The term eligible entity means—
a State educational agency;
a national, regional, or statewide nonprofit organization with expertise and experience in working with local educational agencies and high schools to raise high school academic achievement, high school graduation rates, and college-going rates; or
a partnership consisting of a State educational agency and an entity described in subparagraph (B).
Eligible local educational agency
The term eligible local educational agency means a local educational agency with a high school graduation rate of 60 percent or less—
in the aggregate; or
applicable to 2 or more of the following subgroups of high school students served by the local educational agency:
Economically disadvantaged students.
Students from major racial or ethnic groups.
High school
The term high school means a nonprofit institutional day or residential school, including a public charter high school, that provides high school education, as determined under State law.
High school graduation rate
The term high school graduation rate means the percentage of students who graduate from high school with a regular diploma in the standard number of years as measured by a valid and reliable measure of high school graduation rates, such as the averaged freshman graduation rate.
Rigorous secondary school program of study
The term rigorous secondary school program of study means a rigorous secondary school program of study recognized as such by the Secretary for purposes of subparagraph (A)(i) or (B)(i) of section 401A(c)(3) of the Higher Education Act of 1965.
Program authorized
In general
From amounts appropriated under section 1002(h) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to award subgrants to eligible local educational agencies for the authorized activities described in subsection (d).
Duration
Grants
The Secretary may award grants under this part for a period of not more than 6 years.
Subgrants
An eligible entity may award subgrants under this part (other than a planning grant under subsection (c)(3)) for a period of not more than 6 years.
Eligible entity authorized activities
Distribution
An eligible entity that receives a grant under this part—
shall reserve not more than 15 percent of the grant funds to carry out the activities described in paragraphs (2) through (5); and
shall use not less than 85 percent of the grant funds to award subgrants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to carry out the authorized activities described in subsection (d).
State level planning and administration
An eligible entity that receives a grant under this part may use the grant funds reserved under paragraph (1)(A) for planning and administration, including—
evaluating applications from eligible local educational agencies;
administering the distribution of subgrants to eligible local educational agencies; and
assessing and evaluating, on a regular basis, eligible local educational agency activities carried out under this part, including regularly evaluating the academic rigor of courses at high schools in the State that receive funding under this part.
Local educational agency planning grants
In general
From amounts reserved under paragraph (1)(A), an eligible entity may award a planning grant to an eligible local educational agency.
Amount
An eligible entity shall award each planning grant under this paragraph in an amount of not more than $10,000.
Duration and use of planning grant funds
Each planning grant shall be—
awarded for a period of 1 year;
nonrenewable; and
used to plan and apply for a subgrant awarded under paragraph (1)(B).
Technical assistance for local educational agencies
An eligible entity that receives a grant under this part may use the grant funds reserved under paragraph (1)(A) for technical assistance, including—
assisting eligible local educational agencies in accomplishing the tasks required to implement a program under this part;
implementing a program of professional development for teachers and administrators, in high schools that receive funding under this part, that prepares those teachers and administrators to implement the authorized activities described in subsection (d); and
assisting eligible local educational agencies in designing a program to be assisted under this part.
Reporting
An eligible entity that receives a grant under this part may use the grant funds reserved under paragraph (1)(A) for annually collecting the data and preparing the report as required under section 1805.
Eligible local educational agency authorized activities
Each eligible local educational agency receiving a subgrant under this part shall use the subgrant funds to carry out each of the following activities:
To implement a college-preparatory curriculum for all students in a high school served by the eligible local educational agency under this part (and for students with disabilities in accordance with the individualized education program of the student) that is, at a minimum, aligned with a rigorous secondary school program of study.
To implement accelerated academic catch-up programs, for students who enter high school not meeting proficient levels of academic achievement in mathematics, reading or language arts, or science, that enable such students to meet the proficient levels of achievement and remain on track to graduate from high school on time with a regular high school diploma.
To implement an early warning system to quickly identify students at risk of dropping out of high school, including systems that track student absenteeism.
To implement a system of student and classroom progress monitoring, which may include the adoption and use of diagnostic or formative assessments that—
measure student academic progress in the core academic areas; and
may identify areas in which students need additional academic assistance and support.
To implement a comprehensive college guidance program that—
will ensure that all students in a high school served by the eligible local educational agency under this part, and their parents, are regularly notified throughout the students' time in high school, of high school graduation requirements and entrance requirements for institutions of higher education; and
provides guidance and assistance to students in applying to an institution of higher education and in applying for Federal financial aid assistance and other State, local, and private financial aid assistance and scholarships.
To implement a program that offers, to students in a high school served by the eligible local educational agency under this part, opportunities for work-based and experiential learning experiences, such as job shadowing, internships, and community service.
To implement a program that ensures that all students in a high school served by the eligible local educational agency under this part, have access to enroll in courses in which the students may earn postsecondary credit for courses taken while in high school, such as a dual credit course, or an Advanced Placement or International Baccalaureate course.
To implement a program of student advisement in which all students in a high school served by the eligible local educational agency under this part are assigned and have regular meetings with an academic teacher advisor.
To implement a program of teacher professional development and institutional leadership that includes use of diagnostic and formative assessments to identify student and teacher needs, to assess classroom practice, and to improve classroom instruction.
Applications
Eligible entity
Each eligible entity desiring a grant under this part shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall—
include a description of how subgrants made by the eligible entity under this part will meet the requirements described in subsection (d);
include a description of the peer review process the eligible entity shall use to evaluate applications from eligible local educational agencies;
contain an assurance that the eligible entity, and any eligible local educational agencies receiving a subgrant from that eligible entity, will, if requested, participate in the independent evaluation under section 1806(1);
describe how the eligible entity will use grant funds received under this section;
describe how the eligible entity will assist eligible local educational agencies that receive planning grant funds or subgrant funds under this part in securing any necessary waivers from the State educational agency that may be required to carry out the requirements of this part, such as waivers with respect to budgeting, school structure, staffing, and flexible use of resources and time; and
describe how the eligible entity will assess and evaluate, on a regular basis, eligible local educational agency activities carried out under this part, including regularly evaluating the academic rigor of courses at high schools in the State that receive funding under this part.
Eligible local educational agency
Each eligible local educational agency desiring a subgrant under this part shall submit an application to the eligible entity at such time and in such manner as the eligible entity may require. Each application shall—
include a description of each high school that will receive funding from the eligible local educational agency under this part, including such high school graduation, academic achievement, demographic, and socioeconomic data as the eligible entity may request;
contain an assurance that academic tests for admission purposes will not be used to determine student enrollment in each such high school;
contain a description of specific outreach and recruitment efforts for students to enroll at each such high school that will be undertaken for student populations historically underrepresented at institutions of higher education;
contain an assurance that a college-preparatory curriculum will be offered to all students at each such high school (and to students with disabilities in accordance with the individualized education program of the student), that is, at a minimum, aligned with a rigorous secondary school program of study;
include a comprehensive description of how the curriculum at each such high school will be developed, structured, and delivered;
include clearly delineated benchmarks for improved student academic achievement, high school graduation rates, and college-going rates at each such high school;
include a description of assessments that will be used at each such high school, including assessments for school accountability purposes and student progress monitoring purposes;
contain a comprehensive plan for professional development at each such high school that includes intended changes in teaching practices that will result in improved student academic achievement, high school graduation rates, and college-going rates;
include a detailed description of work-based and experiential learning experiences that will be offered to students at each such high school, such as job shadowing, internships, and community service;
contain an assurance that all students at each such high school will be assigned and have regular access to an academic teacher advisor;
contain an assurance that the eligible local educational agency will grant each such high school any necessary waivers from local educational agency policies and rules that may be required to carry out the requirements of this part, such as waivers with respect to budgeting, school structure, staffing, and flexible use of resources and time;
include a plan that details how programs assisted under this part will be sustained after the end of subgrant funding under this part;
in the case of dual credit courses and early college high schools, contain formal agreements between the eligible local educational agency and institutions of higher education that detail shared responsibility for each such high school and students at the high school;
include a description of how teachers will be selected for each such high school;
include a detailed plan of the college awareness program at each such high school that addresses applying for admission to an institution of higher education and applying for financial aid; and
contain an assurance that the eligible local educational agency will report to the eligible entity all data necessary for the eligible entity's report under section 1805.
Matching requirement
In general
Subject to paragraph (2), each eligible entity that receives a grant under this part shall provide, toward the cost of the activities assisted under the grant and from non-Federal sources, an amount equal to 100 percent of the amount of the grant.
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 to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (c).
Supplement not supplant
Grant funds provided under this part shall be used to supplement, not supplant, other Federal and State funds available to carry out the activities described in subsection (d).
Reporting and accountability
Collection of data
Each eligible entity receiving a grant under this part shall collect and report annually to the Secretary such information on the results of the activities assisted under the grant as the Secretary may reasonably require, including information on—
the number and percentage of students in the State who are assisted under this part and graduate from high school on time with a regular high school diploma;
the number and percentage of students, at each grade level, in the State who are assisted under this part and meet or exceed State reading or language arts, mathematics, or science standards, as measured by State academic assessments required under section 1111(b)(3);
the number and percentage of students, at each grade level, in the State who are assisted under this part and are on track to graduate from high school on time and with a regular high school diploma;
the number and percentage of students in the State who are assisted under this part and participate in work-based and experiential learning experiences, such as job shadowing, internships, community service, and descriptive information on the types of experiences in which such students participated;
the number and percentage of students, in grades 11 and 12, in the State who are assisted under this part and enrolled in not less than 2 courses that are dual credit courses or Advanced Placement or International Baccalaureate courses;
the number and percentage of students in the State who are assisted under this part and receive a passing grade or higher for a dual credit course, or an Advanced Placement or International Baccalaureate course;
the number and percentage of students in the State who are assisted under this part and apply to an institution of higher education while still in high school;
the number and percentage of students in the State who are assisted under this part and are accepted to an institution of higher education while still in high school;
the number and percentage of students in the State who are assisted under this part and enroll in an institution of higher education in the school year immediately following the students' high school graduation;
the number and percentage of students in the State who are assisted under this part and enrolled in remedial mathematics or English courses during their freshman year at an institution of higher education;
the number and percentage of students, in grade 10, in the State who are assisted under this part and take the PSAT; and
the number and percentage of students, in grades 11 and 12, in the State who are assisted under this part and take the SAT or ACT, and the students' mean scores on such assessments.
Reporting of data
Each eligible entity receiving a grant under this section shall report the information required under subsection (a) disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i).
Evaluation and report
From the amount appropriated for any fiscal year under section 1002(h), the Secretary may reserve not more than a total of 1 percent—
to conduct an independent evaluation, by grant or by contract, of the program carried out under this part, which shall include an assessment of the impact of the program on high school graduation rates, college-going rates, and student academic achievement; and
to prepare and submit a report on the results of the evaluation described in paragraph (1) to the authorizing committees.
.
General Provisions
Local educational agency spending audits
Section 1904(b) (20 U.S.C.6574(b)) is
amended by striking the Workforce
and inserting
Labor
.
State report on dropout data
Section 1907
(20 U.S.C. 6577) is amended by striking Not later than 1 year after
a
and inserting Each year that a
.
Regulations for sections 1111 and 1116
Section 1908 (20 U.S.C. 6578) is amended by
striking No Child Left Behind Act of 2001
and inserting
No Child Left Behind Act of 2007
.
Preparing, training, and recruiting high quality teachers and principals
Teacher and principal training and recruiting fund
Purpose
Section 2101 (20 U.S.C. 6601) is amended—
in paragraph (1)—
by striking
through strategies such as
and inserting by
;
and
by striking
and
after the semicolon;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
ensure that low-income and minority children are not taught by unqualified teachers at higher rates than such children's more advantaged peers; and
.
Authorizations of appropriations
Section 2103 (20 U.S.C. 6603) is amended—
in subsection
(a), by striking 2002
and inserting 2008
;
and
in subsection
(b), by striking 2002
and inserting 2008
.
State applications and needs assessment
Section 2112 (20 U.S.C. 6612) is amended—
by amending the section heading to read as follows:
State applications and needs assessment
;
by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;
in subsection (b), by striking paragraphs (1) through (12) and inserting the following:
A description of how the activities to be carried out by the State educational agency under this subpart will respond to the State’s teacher quality needs assessment conducted under subsection (c).
A description of how the State educational agency will use funds under this part to improve the quality of the State's teachers and principals to ensure that low-income and minority students are not taught by unqualified teachers at higher rates than such children's more affluent peers.
A description of—
the State educational agency's annual measurable objectives under section 1119(a)(2);
how the State educational agency will use funds under this part to meet the teacher and paraprofessional requirements of section 1119;
how the State educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in section 1119(a)(2); and
how the State educational agency will assist local educational agencies in meeting such objectives.
A description of how the State educational agency will ensure that the professional development needs of teachers (including teacher mentoring) will be met using funds under this subpart and subpart 2.
A description of how the State educational agency will coordinate professional development activities authorized under this part with professional development activities provided under other Federal, State, and local programs.
A description of the comprehensive strategy that the State educational agency will use, as part of such coordination effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are effectively used in the classroom to improve teaching and learning in all curricula and academic subjects, as appropriate.
A description of how the State educational agency will encourage the development of proven, innovative strategies to deliver intensive professional development programs that are both cost-effective and easily accessible (especially for teachers in rural areas), such as strategies that involve delivery through the use of technology, peer networks, and distance learning.
A description of how the State educational agency will ensure compliance with the requirements for professional development activities described in section 9101 and how the activities to be carried out under the grant will be developed collaboratively and based on the input of teachers, principals, parents, administrators, paraprofessionals, and other school personnel.
In the case of a State in which the State educational agency is not the entity responsible for teacher professional standards, certification, and licensing, an assurance that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law.
A description of how the activities to be carried out by the State educational agency under this subpart will be based on a review of scientifically based research and an explanation of why the activities are expected to improve the quality of the teachers and to raise student academic achievement.
A description of how the State educational agency will ensure that activities assisted under this subpart are aligned with challenging State academic content and student academic achievement standards, State assessments, and State and local curricula.
A description of how the State educational agency will ensure that a local educational agency receiving a subgrant to carry out subpart 2 will comply with the requirements of such subpart.
In the case of a State that has a charter school law that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides for the exemption.
An assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers).
;
by inserting after subsection (b) the following:
Needs assessment
In general
For a State to be eligible to receive a grant under this part, not later than 18 months after the date of enactment of the No Child Left Behind Act of 2007, the State educational agency shall conduct and make public a statewide needs assessment to determine which local educational agencies within the State have the most acute teacher quality and staffing needs.
Assessment elements
In conducting the needs assessment described in paragraph (1), a State educational agency shall—
analyze and report on local educational agencies within the State with the highest percentages of—
first-year teachers;
first and second-year teachers;
teacher attrition rates averaged over the most recent 3 years for which data are available;
teachers teaching with emergency credentials or under waivers of State certification or licensure requirements; and
classes taught by teachers who are not highly qualified; and
analyze and report on, for schools within the State identified for school improvement or restructuring under section 1116(b), the data elements described in clauses (i) through (v) of subparagraph (A), including a comparison of such elements between schools identified for improvement or restructuring as compared to schools not so identified.
Application update and report
Application update
Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2007, a State educational agency shall update the application the agency submitted pursuant to subsection (a)—
to describe how the State will use State funds under section 2113 to address the needs of local educational agencies identified by the needs assessment conducted under paragraph (1), including specific programs and assistance the State will provide to such local educational agencies; and
to include specific, measurable goals for improving the distribution of highly qualified teachers, novice teachers, teachers with emergency credentials, and teacher retention rates among high and low-poverty schools and high and low-poverty local educational agencies.
Report
Not later than 1 year after a State educational agency updates the agency's application as required by subparagraph (A), and each year thereafter for the period of the grant, the agency shall submit to the Secretary a report on the progress made in meeting the goals established under subparagraph (A)(ii).
;
in subsection (g), as redesignated by paragraph (2)—
by striking
(e)(2)
each place the term appears and inserting
(f)(2)
; and
in paragraph (2),
by striking (c)
and inserting (d)
; and
in subsection
(h), as redesignated by paragraph (2), by striking (e)(2)
and
inserting (f)(2)
.
State use of funds
Section 2113(c) (20 U.S.C. 6613(c)) is amended—
by striking paragraphs (5) through (18);
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
in the matter
preceding subparagraph (A)(i) of paragraph (1), by striking (including
recertification) or licensing requirements
and inserting and
recertification, licensing requirements, or tenure systems
;
by inserting after paragraph (1) the following:
Funding projects to promote reciprocity of teacher and principal certification or licensing between or among States, except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may lead to the weakening of any State teaching certification or licensing requirement.
;
in paragraph (4),
as redesignated by paragraph (2), by striking the areas of mathematics
and science
and inserting high need subjects and areas such as
mathematics, science, special education, and language instruction for limited
English proficient students
;
by adding at the end the following:
Developing, or assisting local educational agencies in developing—
merit or performance-based pay systems; and
strategies that provide differential, incentive, and bonus pay for teachers in high-need academic subjects, such as reading, mathematics, science, and special education and teachers in high-poverty schools and districts.
Developing, or assisting local educational agencies in developing, teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation.
Providing professional development for teachers and principals and, in cases in which a State educational agency determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional development activities as are made available to teachers and principals, to ensure that teachers and principals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement.
Developing—
systems to measure the effectiveness of specific professional development programs; and
strategies to document gains in student academic achievement or increases in teacher mastery of the academic subjects the teachers teach.
Providing assistance to teachers to enable them to meet certification, licensing, or other requirements needed to be highly qualified.
Providing technical assistance to local educational agencies to improve the programs funded under this part by such agencies.
Encouraging and supporting the training of teachers and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability.
.
Local applications and needs assessment
Section 2122 (20 U.S.C. 6622) is amended—
in subsection (b)—
in paragraph (2),
by striking , measurable, and positive impact on student academic
achievement
and inserting impact on student achievement that is
measurable by student academic growth
;
in paragraph (3)—
in
subparagraph (A), by inserting and
after the semicolon;
by striking subparagraph (B);
by redesignating subparagraph (C) as subparagraph (B); and
in subparagraph (B), as redesignated by clause (iii)—
by inserting
academic alert,
after are identified for
;
and
by inserting
, or restructuring
after school
improvement
;
in subsection (c)—
by redesignating paragraph (2) as paragraph (4);
by striking paragraph (1) and inserting the following:
In general
To be eligible to receive a subgrant under this subpart, a local educational agency shall, not later than 18 months after the date of enactment of the No Child Left Behind Act of 2007, conduct an assessment of local needs for professional development and hiring to determine which schools served by the local educational agency have the most acute teacher quality and staffing needs.
Assessment elements
In conducting the needs assessment described in paragraph (1), a local educational agency shall—
analyze and report on schools served by the local educational agency with the highest percentages of—
first-year teachers;
first and second-year teachers;
teacher attrition rates averaged over the most recent 3 years for which data are available;
teachers teaching with emergency credentials or under waivers of State certification or licensure requirements; and
classes taught by teachers who are not highly qualified; and
analyze and report on, for schools identified for school improvement or restructuring under section 1116(b), the data elements described in clauses (i) through (v) of subparagraph (A), including a comparison of such elements between schools identified for improvement and restructuring as compared to schools not so identified.
Application update and report
Application update
Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2007, a local educational agency shall update the application the agency submitted pursuant to subsection (a)—
to describe how the local educational agency will use funds provided under section 2121 to address the needs of schools served by the local educational agency identified by the assessment conducted under paragraph (1), including specific programs and assistance the local educational agency will provide to schools; and
to include specific, measurable goals for improving the distribution of highly qualified teachers, novice teachers, teachers with emergency credentials, and teacher retention rates among high and low-poverty schools.
Report
Not later than 1 year after a local educational agency updates the agency's application as required by subparagraph (A), and each year thereafter for the period of the grant, the local educational agency shall submit to the State educational agency a report on the progress made in meeting the goals established under subparagraph (A)(ii).
.
Local use of funds
Section 2123(a) is amended—
by striking paragraph (2) and inserting the following:
Developing and implementing initiatives to assist in recruiting, hiring, and retaining highly qualified teachers and principals, particularly in low-income schools with high percentages of unqualified teachers and high percentages of students not meeting the proficient level of academic achievement on the State academic assessments described in 1111(b)(3), including initiatives that—
provide scholarships, signing bonuses, or other financial incentives, such as differential, bonus, and incentive pay, for teachers to teach—
in high-need academic subjects and instructional areas, such as mathematics, science, critical foreign languages, special education, and instruction for limited English proficient students, in which there exists a shortage of highly qualified teachers within a school or within the local educational agency; and
in schools in which there exists a shortage of highly qualified teachers;
provide incentives, including merit or performance-based pay systems, to teachers and principals who have a record of success in improving the academic achievement of all students and assisting all students meet or exceed the proficient level on State academic assessments, but particularly students from economically disadvantaged families, students from racial and ethnic minority groups, students with disabilities, and limited English proficient students;
establish programs that—
train and hire highly qualified regular and special education teachers (which may include hiring special education teachers to team-teach in classrooms that contain both children with disabilities and nondisabled children);
train and hire highly qualified teachers of special needs children, such as limited English proficient students, as well as teaching specialists in core academic subjects, who will provide increased individualized instruction to students;
recruit qualified professionals from other fields, including highly qualified paraprofessionals, and provide such professionals with alternative routes to teacher certification or licensure, including—
developing and implementing hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant pool, such as through identifying teachers certified or licensed through alternative routes; and
using a system of intensive screening designed to hire the most qualified applicants; and
provide increased opportunities for minorities, individuals with disabilities, and other groups underrepresented in the teaching profession;
provide teacher mentoring from exemplary teachers, principals, or superintendents; or
provide induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively.
;
in paragraph
(3)(B)(v), by inserting instruction and
after
classroom
;
by striking paragraphs (4) and (10);
by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively; and
in paragraph (4), as redesignated by paragraph (4)—
in subparagraph
(C), by inserting and
after the semicolon;
by striking subparagraph (D); and
by redesignating subparagraph (E) as subparagraph (D).
Definitions
Section 2131(1)(B) (20 U.S.C. 6631(1)(B)) is
amended by striking a teacher organization, a principal
organization,
.
National activities of demonstrated effectiveness
Section 2151 (20 U.S.C. 6651) is amended—
by striking subsection (d);
by redesignating subsection (e) as subsection (d); and
by striking subsection (f).
Mathematics and science partnerships
Allocation of funds
Section 2202 (20 U.S.C. 6662) is amended—
in subsection
(b)(2)(C), by inserting on mathematics and science education programs
that are effective in improving student academic achievement
after
research
;
in subsection (d)(2)—
in the heading,
by striking National
science foundation
and inserting
consultation
; and
by striking
with respect to the appropriate roles for the Department and the
Foundation
;
in subsection (e)—
in paragraph (2)—
in
subparagraph (B), by striking and
after the semicolon;
in
subparagraph (C)(iii), by striking the period at the end and inserting ;
and
; and
by adding at the end the following:
shall describe how the activities supported under this part will be coordinated with other programs to improve mathematics and science achievement being implemented by the local educational agency that is a member of the partnership.
; and
by adding at the end the following:
Reports
Each eligible partnership receiving a grant or subgrant under this part shall report annually to the Secretary regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under paragraph (1).
Revocation of grant
If the Secretary determines than an eligible partnership is not making substantial progress in meeting the objectives described in the eligible partnership’s accountability plan under paragraph (1) by the end of the second year of the grant under this part, the Secretary shall not make a grant payment to the eligible partnership for the third year of the grant.
; and
by striking subsection (f) and inserting the following:
Report to congress
The Secretary shall annually report to the appropriate committees of Congress on the effectiveness of programs supported under this part in improving student academic achievement in mathematics and science.
.
Authorization of appropriations
Section 2203
(20 U.S.C. 6663) is amended by striking fiscal year 2002
and
inserting fiscal year 2008
.
Innovation for teacher quality
Definitions
Section 2301 (20 U.S.C. 6671) is amended—
by redesignating paragraphs (2), (3), (4), and (5), as paragraphs (4), (5), (6), and (7), respectively;
by inserting after paragraph (1) the following:
High-need local educational agency
The term high-need local educational agency means a local educational agency—
that serves not fewer than 10,000 children from families with incomes below the poverty line;
in which not less than 20 percent of the children served by the agency are children from families with incomes below the poverty line; or
in which not less than 10 percent of the children served by the agency are children from families with incomes below the poverty line and that assigns all teachers funded under this chapter to a high-need school as defined in section 2304(d)(3) for the duration of such teachers' service commitment under this chapter.
Children from families with incomes below the poverty line
The term children from families below the poverty line means children ages 5 through 17 from families with incomes below the poverty line.
; and
in paragraph
(7)(B), by striking paragraph (4)
and inserting paragraph
(6)
.
Authorization of troops-to-teachers program
Section 2302(b) (20 U.S.C. 6672) is amended—
in paragraph (1),
by striking vocational or technical
and inserting career
and technical education
; and
in paragraph (2)—
in subparagraph (A)—
by
striking public
; and
by
striking vocational or technical
and inserting career and
technical education
; and
in subparagraph
(B), by striking vocational or technical
and inserting
career and technical education
.
Recruitment and selection or program participants
Section 2303 (20 U.S.C. 6673) is amended—
in subsection (a), by striking paragraph (4);
by striking subsection (b)(2) and inserting the following:
Time for submission
An application shall be considered to be submitted on a timely basis under paragraph (1) if, in the case of a member described in paragraphs (1)(A), (2), or (3) of subsection (a), the application is submitted not later than 4 years after the date on which the member is retired or separated or released from active duty, whichever applies to the member.
;
by striking subsection (c)(2)(B) and inserting the following:
Career and technical education teacher
If a member of the Armed Forces described in paragraph (1), (2), or (3) of subsection (a) is applying for assistance for placement as a career and technical education teacher, the Secretary shall require the member—
to have the equivalent of 1 year of college from an accredited institution of higher education and have 6 or more years of military experience in a career and technical field; or
to otherwise meet the certification or licensing requirements for a career and technical education teacher in the State in which the member seeks assistance for placement under the Program.
; and
in subsection
(d), by striking vocational or technical
and inserting
career and technical education
.
Participation agreement and financial assistance
Section 2304 (20 U.S.C. 6674) is amended—
in subsection (a)(1)—
in subparagraph (A)—
by
striking vocational or technical
and inserting career and
technical education
; and
by
inserting (if otherwise required by this Act to be highly
qualified)
after highly qualified teacher
; and
in subparagraph (B)—
by
striking vocational or technical
and inserting career and
technical education
;
by
striking public
; and
by striking
, as such terms are defined in section 2101,
;
in subsection
(b)(5), by striking vocational or technical
and inserting
career and technical education
;
in subsection (d)—
in paragraph (1)—
by
striking vocational or technical
and inserting career and
technical education
; and
by
inserting (if otherwise required by this Act to be highly
qualified)
after highly qualified teacher
; and
by striking paragraph (3)(A) and inserting the following:
Students from low-income families
In the case of—
an elementary school, not less than 50 percent of the students enrolled in the school were from low-income families (as described in section 2302(b)(2)(A)(i)); and
a secondary school, not less than 30 percent of the students enrolled in the school were from low-income families (as described in section 2302(b)(2)(A)(i)).
; and
in subsection (f)(1)—
in subparagraph
(A), by striking vocational or technical
and inserting
career and technical education
; and
in subparagraph
(B), by striking vocational or technical
and inserting
career and technical education
.
Participation by States
Section 2305(b)(1)
(20 U.S.C. 6675(b)(1)) is amended by striking vocational or
technical
and inserting career and technical
education
.
Support of innovative preretirement teacher certification programs
Section 2306 (20 U.S.C. 6676) is amended—
in subsection
(b), by striking vocational or technical
and inserting
career and technical education
; and
in subsection
(c)(3), by striking vocational or technical
and inserting
career and technical education
.
Reporting requirements
The Act (20 U.S.C. 6301 et seq.) is amended by striking section 2307.
Transition to teaching grant program
Section 2313 (20 U.S.C. 6683) is amended—
by striking subsection (c);
by redesignating subsections (d), (e), (f), (g), (h), (i), (j), and (k), as subsections (c), (d), (e), (f), (g), (h), (i), and (j), respectively;
in subsection (f)(2)(A), as redesignated by paragraph (2)—
by inserting
recruiting and
after effective in
; and
by striking
$5,000
and inserting $10,000
; and
in subsection
(h), as redesignated by paragraph (2), by striking 3
and
inserting 2
.
General provisions authorization of appropriations
Section 2321 (20 U.S.C. 6691) is amended by
striking 2002
both places such term appears and inserting
2008
.
National writing project
Section
2332(h) (20 U.S.C. 6702(h)) is amended by striking 2002
and
inserting 2008
.
Civic education general authority
Section 2343(a)(3) (20 U.S.C. 6713(a)(3)) is amended—
in subsection (a)(3)—
by striking
education and
and inserting education or
;
and
by inserting
or economic education
after civic education
;
and
in subsection
(b)(1), by striking 2346
and inserting
2347
.
We the people program
Section 2344 (20 U.S.C. 6714) is amended—
in subsection (a)(1)(B)—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
by inserting after clause (i) the following:
to implement a comprehensive program to improve public knowledge, understanding, and support of American democratic institutions;
; and
in subsection (b)(1)(A)(iii)—
by inserting
and high
after middle
; and
by striking
level
and inserting levels
.
Close Up fellowship program
The Act (20 U.S.C. 6301 et seq.) is amended—
by redesignating section 2346 as section 2347;
by inserting after section 2345 the following:
Close up fellowship program
Program for middle school and secondary school students
Establishment
General authority
In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing civic responsibility and understanding of the Federal Government among middle school and secondary school students.
Use of funds
Grants under this subsection shall be used only to provide financial assistance to economically disadvantaged students who participate in the programs described in subparagraph (A).
Name of fellowships
Financial assistance received by students pursuant to this subsection shall be known as Close Up fellowships.
Applications
Application required
No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
Contents of application
Each application submitted under this paragraph shall contain assurances that—
Close Up fellowships provided under this subsection shall be made to economically disadvantaged middle school and secondary school students;
every effort shall be made to ensure the participation of students from rural, small town, and urban areas;
in awarding the fellowships to economically disadvantaged students, special consideration shall be given to the participation of those students with special educational needs, including students with disabilities, ethnic minority students, and students with migrant parents; and
the funds received under this subsection shall be properly disbursed.
Program for middle school and secondary school teachers
Establishment
General authority
In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of professional development for middle school and secondary school teachers and its programs to increase civic responsibility and understanding of the Federal Government among the teachers' students.
Use of funds
Grants under this subsection shall be used only to provide financial assistance to teachers who participate in the programs described in subparagraph (A).
Name of fellowships
Financial assistance received by teachers pursuant to this subsection shall be known as Close Up fellowships.
Applications
Application required
No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
Contents of application
Each application submitted under this paragraph shall contain assurances that—
Close Up fellowships provided under this subsection shall be made only to a teacher who has worked with at least one student from such teacher's school who participates in a program described in subsection (a)(1)(A);
no teacher shall receive more than one such fellowship in any fiscal year; and
the funds received under this subsection shall be properly disbursed.
Programs for new americans
Establishment
General authority
In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing civic responsibility and understanding of the Federal Government among economically disadvantaged middle school and secondary school recent immigrant students.
Definition
In this subsection, the term recent immigrant student means a student who is a member of a family that immigrated to the United States within 5 years of the student's participation in such a program.
Use of funds
Grants under this subsection shall be used only to provide financial assistance to economically disadvantaged recent immigrant students and their teachers who participate in the programs described in subparagraph (A).
Name of fellowships
Financial assistance received by students and teachers pursuant to this subsection shall be known as Close Up Fellowships for New Americans.
Applications
Application required
No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
Contents of application
Each application submitted under this paragraph shall contain assurances that—
Close Up Fellowships for New Americans shall be made to economically disadvantaged middle school and secondary school recent immigrant students;
every effort shall be made to ensure the participation of recent immigrant students from rural, small town, and urban areas;
in awarding the fellowships to economically disadvantaged recent immigrant students, special consideration shall be given to the participation of those students with special educational needs, including students with disabilities, students with migrant parents, and ethnic minority students;
fully describe the activities to be carried out with the proceeds of the grant made under paragraph (1); and
the funds received under this subsection shall be properly disbursed.
General administrative provisions
Accountability
In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs authorized in subsections (a), (b), and (c) in attaining objectives that include the following:
Providing young people with an increased understanding of the Federal Government.
Heightening a sense of civic responsibility among young people.
Enhancing the skills of educators in teaching young people about civic responsibility, the Federal Government, and attaining citizenship competencies.
General rule
Payments under this section may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments.
Audit rule
The Comptroller General of the United States or any of the Comptroller General's duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this section.
; and
by striking section 2347, as redesignated by paragraph (1), and inserting the following:
Authorization of appropriations
Sections 2344 and 2345
For the purpose of carrying out sections 2344 and 2345, there are authorized to be appropriated $30,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
Section 2346
In general
For the purpose of carrying out section 2346, there are authorized to be appropriated such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
Special rule
Of the funds appropriated pursuant to paragraph (1), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1) of section 2346.
.
Teaching of traditional American history
Section 2351 (20 U.S.C. 6721) is amended—
in subsection
(a), in the matter preceding paragraph (1), by inserting , State
educational agencies, institutions of higher education, and nonprofit
organizations
after local educational agencies
;
in subsection (b)—
by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively;
by striking
Partnership.—A local
and inserting the
following: Partnership.—
Local educational agency
A local
; and
by adding at the end the following:
State educational agencies, institutions of higher education, nonprofit organizations
A State educational agency, institution of higher education, or nonprofit organization that receives a grant under subsection (a) shall carry out activities under the grant in partnership with 1 or more local educational agencies.
; and
in subsection (c)—
by striking
eligible to receive an
and inserting considered for
a
; and
by inserting
, State educational agency, institution of higher education, or
nonprofit organization,
after local educational
agency
.
Appropriations for teaching of traditional American history
Section 2352 (20 U.S.C. 6722) is amended to read as follows:
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
Reservation
The Secretary may reserve not more than 3 percent of the funds appropriated for any fiscal year under this subpart for national research, development, dissemination, technical assistance, and evaluation.
.
Teacher incentive fund program; adjunct teacher corps
Part C of title II (20 U.S.C. 6671 et seq.) is amended by adding at the end the following:
Teacher incentive fund program
Purposes; definitions
Purposes
The purposes of this subpart are—
to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and
to study and review performance-based compensation systems for teachers and principals to evaluate their effectiveness, fairness, quality, consistency, and reliability.
Definitions
In this subpart:
Eligible entity
The term eligible entity means—
a local educational agency (including a charter school that is a local educational agency) or a consortium of such agencies;
a State educational agency, or other State agency designated by the chief executive of the State to participate under this subpart; or
a partnership of—
one or more agencies described in subparagraph (A) or (B), or both; and
not less than 1 nonprofit or for-profit organization.
High-need local educational agency
The term high-need local educational agency has the meaning given the term in section 2102.
High-need school
The term high-need school has the meaning given the term in section 2312.
Performance-based compensation system
The term performance-based compensation system means a system of compensation for teachers and principals that—
differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and
may include—
differentiated levels of compensation on the basis of high-quality teachers' and principals' employment and success in hard-to-staff schools or high-need subject areas; and
recognition of the skills and knowledge of teachers and principals as demonstrated through—
successful fulfillment of additional responsibilities or job functions; and
evidence of high achievement, mastery of content knowledge, and superior teaching skills.
Teacher incentive fund grants
In general
From the amounts appropriated to carry out this subpart, the Secretary is authorized to make grants on a competitive basis to eligible entities to develop, implement, improve, or expand performance-based compensation systems in participating schools.
Priority
In making grants under subsection (a), the Secretary shall give priority to an eligible entity that concentrates its proposed activities on teachers and principals serving in high-need schools.
Applications
To be eligible to receive a grant under this subpart, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require, that includes—
a description of the performance-based compensation system that the applicant proposes to develop and implement, improve, or expand;
a description and evidence of the support and commitment from teachers and principals in the targeted schools, the community, and local educational agency for the performance-based compensation system, including demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system;
a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance, including the baseline performance against which evaluations of improved performance will be made;
a description of the local educational agency and the schools to be served by the project, including such student academic achievement, demographic, and socioeconomic data as the Secretary may request;
a description of the quality of current teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in high-need schools;
a description of how the applicant will use grant funds under this subpart in each year of the grant;
a description, if applicable, of how the applicant will define the term high-quality for the purposes of section 2371(b)(4)(B)(i), through the use of measurable indicators; and
a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the applicant’s performance-based compensation system at the end of the grant period.
Use of funds
In general
An eligible entity that receives a grant under this section shall use grant funds provided under this subpart to develop, implement, or improve, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with the requirements of this subpart.
Authorized activities
Authorized activities under this subpart include the following:
Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement.
Conducting outreach within the local educational agency or the State to gain input on how to construct the appraisal system and to develop support for it.
Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary awards each year of the grant, to—
teachers and principals who raise student academic achievement;
teachers who raise student academic achievement and either teach in high-need schools or teach subjects that are difficult to staff, or both; or
principals who both raise student academic achievement and serve in high-need schools.
Duration of grants
In general
The Secretary may make grants under this section for periods of not more than 5 years.
Limitation
An agency described in section 2371(b)(1)(A) may receive (whether individually or as part of a consortium or partnership) a grant under this subpart only once. Such an agency may continue to receive such grant for the period of such grant, but shall not receive (whether individually or as part of a consortium or partnership) any other grant under this subpart.
Equitable distribution
To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section.
Matching requirement
In general
Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount (which may be provided in cash or in kind) to carry out the activities supported by the grant equal to—
for the first year of the grant, 25 percent of the amount received for that year under the grant;
for the second year, 30 percent of such amount;
for the third year, 35 percent of such amount;
for the fourth year, 40 percent of such amount; and
for the fifth year, 50 percent of such amount.
Waiver
The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in section 2371(b)(1)(A) if that eligible entity is a high-need local educational agency, a consortium of high-need local educational agencies, or a charter school that is a high-need local educational agency and the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the activities described in subsection (d).
Supplement, not supplant
Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds.
Evaluation
In general
The Secretary shall, through grant or contract, carry out an independent evaluation of the program under this subpart.
Content
The evaluation shall measure—
the effectiveness of the program in improving student academic achievement;
the satisfaction of the participating teachers or principals; and
the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this subpart $200,000,000 for fiscal year 2008 and such sums as may be necessary for each of the succeeding 5 fiscal years.
Reservation
The Secretary may reserve not more than 3 percent of the funds appropriated to carry out this subpart for any 1 fiscal year for the cost of the evaluation under section 2373 and for technical assistance and program outreach.
Adjunct teacher corps
Purpose; definitions
Purpose
The purpose of this subpart is to create opportunities for professionals and other individuals with subject-matter expertise to teach secondary-school courses in the core academic subjects, particularly mathematics, science, and critical foreign languages, on an adjunct basis.
Definitions
In this subpart:
Adjunct teacher
The term adjunct teacher means a teacher who—
possesses, at a minimum, a bachelor’s degree; and
has demonstrated expertise in the subject matter the teacher teaches by having met the requirements of section 9101(23)(B)(ii).
Critical foreign language
The term critical foreign language means a foreign language considered most critical to ensure future United States national security and economic prosperity, as determined by the Secretary.
Eligible entity
The term eligible entity means—
a local educational agency;
a nonprofit or for-profit organization; or
a partnership consisting of the entities described in subparagraphs (A) and (B).
Secondary school course
The term secondary school course means a course in 1 of the core academic subjects (as that term is defined in section 9101(11)) provided to students in grades 6 through 12.
Program authorized
Program authorized
The Secretary shall award grants, on a competitive basis, to eligible entities to recruit, train, and place well-qualified individuals to serve as adjunct teachers in secondary-school courses in the core academic subjects.
Highly qualified
Notwithstanding any other provision of law, for the purposes of this subpart, an adjunct teacher serving pursuant to this subpart shall be considered a highly qualified teacher.
Duration of grants
The Secretary may award grants under this subpart for a period of not more than 5 years.
Priorities
In awarding grants under this subpart, the Secretary shall give priority to eligible entities that propose to—
serve local educational agencies that have a large number or percentage of students performing below grade level, including local educational agencies that are not making adequate yearly progress under section 1111(b)(2);
recruit, train, and provide schools adjunct teachers of mathematics, science, or critical foreign languages; and
recruit adjunct teachers to serve in schools that have an insufficient number of teachers with demonstrated expertise in the subjects the adjunct teachers will teach.
Application
To be considered for a grant under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including—
a description of the need for using adjunct teachers in the participating schools, which may include information on the difficulty participating schools face in recruiting qualified faculty and the achievement levels of students in those schools;
the goals and objectives for the project, including the number of adjunct teachers the eligible entity intends to place in classrooms;
how the eligible entity will recruit qualified individuals and appropriate public and private institutions to participate in the program;
the participating schools and grade levels at which, and the subjects in which, the eligible entity proposes to have the adjunct teachers teach;
how the eligible entity will use funds received under this subpart, including how the eligible entity will evaluate the success of its program; and
how the eligible entity will ensure that low-income students in participating schools and local educational agencies will, during the period of the grant, receive instruction in the core academic subjects from a teacher with demonstrated subject-matter expertise in the subject taught.
Use of funds
Each eligible entity that receives a grant under this section shall use the grant funds only for 1 or more of the following:
To develop the capacity of the local educational agency or the State educational agency, or both, to identify, recruit, and train qualified individuals outside of the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct teachers.
To provide financial incentives to adjunct teachers.
To reimburse outside entities for the costs associated with allowing an employee to serve as an adjunct teacher, except that these costs shall not exceed the total cost of salary and benefits for teachers with comparable experience or expertise in the local educational agency.
To collect and report such performance information as the Secretary may require, including information needed for the national evaluation conducted under subsection (h).
Matching requirement
Each eligible entity that receives a grant under this section shall provide matching funds, from non-Federal sources, in cash or in kind in an amount equal to 100 of the amount of the grant awarded under this section.
National evaluation
From the amount made available for any fiscal year under section 2383, the Secretary may reserve not more than 3 percent for the cost to conduct an independent evaluation, by grant or by contract, of the adjunct teacher corps program carried out under this section, which shall include an assessment of the impact of the program on student academic achievement.
Program performance
In general
Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the project that contains such information as the Secretary may require. At a minimum, the report shall include information on the academic achievement of students receiving instruction from an adjunct teacher.
Comparison and disaggregation
The information required under this subsection shall be—
reported in a manner that provides for a comparison of student achievement data prior to, during, and after implementation of the adjunct teacher corps program; and
disaggregated by race, ethnicity, disability status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the result would reveal personally identifiable information about an individual student.
Authorization of appropriations
There are authorized to be appropriated to carry out this subpart $25,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
Enhancing education through technology
Authorization of appropriations
Section 2404 (20 U.S.C. 6754) is amended—
in subsection
(a), by striking 2002
and inserting 2008;
in subsection (b)—
in paragraph (1),
by striking 98
and inserting 99
; and
in paragraph (2),
by striking 2
and inserting 1
;
by striking subsection (c); and
by redesignating subsection (d) as subsection (c).
Allotment and reallotment
Section 2411 (20 U.S.C. 6761) is amended—
in subsection (a)(1)—
in subparagraph
(A), by striking Bureau of Indian Affairs;
and inserting
Department of the Interior; and
;
in subparagraph
(B), by striking ; and
and inserting a period; and
by striking subparagraph (C);
in subsection
(d), by striking Bureau of Indian Affairs
and inserting
Department of the Interior
.
Applications
Section 2413(b)(13) (20 U.S.C. 6763(b)(13))
is amended by striking by December 31, 2006
.
Local activities
Section 2416 (20 U.S.C. 6766) is amended—
by striking subsection (a); and
in subsection (b)—
by striking
(b) Other
and all that follows through
activities.—the
following:
and inserting the following:
A recipient of funds made available by a State educational agency under section 2412(a)(2) shall use such funds to carry out activities consistent with this subpart, which may include the following:
Providing professional development in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, such as professional development in the use of technology—
to access data and resources to develop curricula and instructional materials;
to enable teachers—
to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and
to retrieve Internet-based learning resources; and
to lead to improvements in classroom instruction in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and student academic achievement standards.
; and
by redesignating paragraphs (1) through (10), as paragraphs (2) through (11), respectively.
National technology activities
Section 2421 (20 U.S.C. 6771) is amended—
by striking subsections (a) and (b); and
in subsection
(c), by striking Technical assistance.—
.
National education technology plan
Section 2422(a) (20 U.S.C. 6772(a)) is
amended by striking 2001
and inserting
2007
.
Ready-to-learn television
Section 2431 (20 U.S.C. 6775) is amended—
in subsection (a)—
in paragraph
(1)(E)(ii), by striking Even Start providers,
;
in paragraph (2),
by striking Even Start providers,
; and
in paragraph
(4)(B), by striking and Even Start,
; and
in subsection
(e)(1), by striking 2002
and inserting
2008
.
Language instruction for limited English proficient and immigrant children
Authorization of appropriations
Section 3001 (20 U.S.C. 6801 et seq.) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this title $750,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
English language acquisition, language enhancement, and academic achievement act
Purposes
Section 3102 (20 U.S.C. 6812) is amended—
by striking paragraph (7); and
by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively.
Grants and subgrants for english language acquisition and language enhancement
Formula grants to States
In general
Section 3111 (20 U.S.C. 6821) is amended—
in subsection
(b)(2)(A), by inserting teachers and other
after that
assist
; and
in subsection (c)—
in paragraph (1)—
by
striking 3001(a)
and inserting 3001
;
in
subparagraph (B), by inserting and
after the semicolon at the
end;
in subparagraph (C)—
by striking
3303
both places such term appears and inserting
3203
; and
by striking
; and
and inserting a period; and
by striking subparagraph (D);
by striking paragraph (2);
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in paragraph
(2)(A), as redesignated by subparagraph (C), by striking 3001(a)
and inserting 3001
; and
by striking paragraph (3), as redesignated by subparagraph (C), and inserting the following:
Use of data for determinations
In making State allotments under paragraph (2), for the purpose of determining the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, for each fiscal year, the Secretary shall use the data available from the American Community Survey available from the Department of Commerce.
.
Conforming amendments
Section 3114 (20 U.S.C. 6824) is amended—
in subsection
(a), by striking 3111(c)(3)
and inserting
3111(c)(2)
; and
in subsection
(d)(1), by striking 3111(c)(3)
and inserting
3111(c)(2)
.
Subgrants to eligible entities
Section
3115(e)(1)(B) (20 U.S.C. 6825(e)(1)(B)) is amended by inserting teachers
and other
after support for
.
Local plans
Section 3116(d)(1) (20
U.S.C. 6826(d)(1)) is amended by striking 3302
and inserting
3202
.
Accountability and administration
Evaluations
Section 3121(c)(1) (20 U.S.C. 6841(c)(1)) is
amended by inserting number and
after (including
the
.
Achievement objectives and accountability
Section 3122(a)(3) (20 U.S.C. 6842(a)(3)) is amended—
in subparagraph (A)—
in clause (i), by
striking or
and inserting and
; and
in clause (ii),
by striking or
and inserting and
; and
in subparagraph
(B), by striking number or
and inserting number
and
.
Reporting requirements
Section 3123(b) (20 U.S.C. 6843(b)) is amended—
in the matter
preceding paragraph (1), by striking the Workforce
and inserting
Labor
; and
in paragraph (5),
by striking , and an estimate of the number of such teachers that will
be needed for the succeeding 5 fiscal years
.
General provisions
Improving language instruction educational programs
Part B of title III (20 U.S.C. 6891 et seq.) is repealed.
General provisions
Title III (20 U.S.C. 6801 et seq.) is amended—
by redesignating part C as part B;
by redesignating sections 3301, 3302, 3303, and 3304 as sections 3201, 3202, 3203, and 3204, respectively; and
in section 3201, as redesignated by paragraph (2)—
by striking paragraphs (3), (4), (5), and (7); and
by redesignating paragraphs (6), (8), (9), (10), (11), (12), (13), (14), and (15), as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11), respectively.
21ST CENTURY SCHOOLS
Safe and drug-free schools and communities
Safe and drug-free schools and communities
Part A of title IV (20 U.S.C. 7101 et seq.) is amended—
by striking section 4002 and inserting the following:
Purpose
The purpose of this part is to provide financial and technical assistance to State educational agencies, local educational agencies, and communities for programs that emphasize scientific research and best practices and—
prevent violence and illegal use of alcohol, tobacco, and drugs;
foster a safe, secure, healthy, and drug-free learning environment that supports student achievement to high academic standards; and
strengthen emergency-management planning.
;
in section 4003,
by striking 2002
both places such term appears and inserting
2008
;
by striking section 4111(a)(2) and inserting the following:
Other reservations
From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal year, the Secretary may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a).
;
in section 4112—
by striking subsection (b)(2) and inserting the following:
State administration costs
A State educational agency may use not more than 3 percent of the amount made available to the State under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for State educational agency administrative costs, including the implementation of the uniform management information and reporting system as provided for under subsection (c)(3).
; and
in subsection (c)—
in paragraph (2)(D)—
in clause (ii),
by striking and
after the semicolon;
in clause (iii),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
training, technical assistance, and financial assistance to prepare for, prevent, mitigate, respond to, and recover from violent or traumatic events or natural disasters and to restore the learning environment in the event of a crisis or emergency.
; and
in paragraph (3)(B)—
in the matter
preceding clause (i), by striking subparagraphs (A) and (B)
of
;
in clause (iii),
by striking and
after the semicolon; and
in clause (iv),
by striking the period at the end and inserting ; and
;
the state of preparedness of schools to respond appropriately in the event of an emergency.
;
in section 4113—
in subsection (a)—
in
paragraph (3), by inserting the head of the State agency for homeland
security, the head of the State emergency-management agency,
after
designees,
; and
in paragraph (9)—
by inserting
comprehensive
after results of a
;
by inserting
and school safety and security programs
after violence
prevention programs
;
by striking
ongoing State evaluation activities, including data on
and
inserting objective data, which may include
; and
by striking subparagraph (D) and inserting the following:
an inventory of the presence of threats to school safety and security from a variety of potential hazards;
; and
in subsection
(b), by striking 2002
both places such term appears and
inserting 2008
;
in section 4114—
in subsection
(c)(1)(A), by inserting and emergency management planning
after
professionals)
; and
in subsection (d)—
in
paragraph (2), in the matter preceding subparagraph (A), by inserting
and school safety and security programs
after violence
prevention
; and
by striking paragraph (7)(D) and inserting the following:
a crisis and emergency management plan for responding and recovering from crises arising from violent or traumatic events or natural disasters and for restoring the learning environment in the event of a crisis or emergency; and
;
in section 4115—
in subsection (a)(1)—
by redesignating subparagraphs (C), (D), and (E), as subparagraphs (D), (E), and (F), respectively;
by inserting after subparagraph (B) the following:
be based on assessment of objective data regarding the state of preparedness of schools and communities to be served by the program to respond appropriately in the event of an emergency and an inventory of the presence of threats to school safety and security from potential hazards;
; and
by striking subparagraph (D) (as redesignated by clause (i)) and inserting the following:
reflect, to the extent practicable, scientifically based research, or in the absence of a strong research base, reflect best practices in the field;
; and
in subsection (b)—
in paragraph (1)(C)—
in clause (i), by
striking and
after the semicolon; and
by adding at the end the following:
prepare for, prevent, mitigate, respond to, and recover from crises arising from violent or traumatic events and natural disasters and to restore the learning environment in the event of a crisis or emergency; and
; and
in paragraph (2)—
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
Activities for emergency management planning.
;
in section
4116(a)(1), by striking 2003
and inserting
2009
;
in section
4121(a)(5), by inserting and emergency management planning
activities
after violence prevention programs
;
in section
4122(c), by striking 2003
and inserting
2009
;
by striking section 4130 ; and
by striking section 4155.
21st century community learning centers and mentoring programs
21st century community learning centers
Part B of title IV (20 U.S.C. 7171 et seq.) is amended—
in the part
heading, by inserting and
mentoring programs
after centers
;
by inserting before section 4201 the following:
21st Century Community Learning Centers
;
in section 4201—
in subsection (a)—
by
striking part
and inserting subpart
; and
in
paragraph (1), by striking and mathematics
and inserting
or language arts, mathematics, and science
; and
in subsection (b)—
by
striking part
and inserting subpart
;
in
paragraph (1)(A), by striking and mathematics
and inserting
or language arts, mathematics, and science
;
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in section 4202—
in subsection (a)—
by
striking part
each place the term appears and inserting
subpart
;
by striking paragraph (1);
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
in
paragraph (2) (as redesignated by clause (iii)), by striking Bureau of
Indian Affairs
and inserting Department of the
Interior
;
in subsection
(b)(2), by striking part
and inserting subpart
;
and
in subsection (c)—
by
striking part
each place the term appears and inserting
subpart
; and
in
paragraph (2), by inserting (C)
before
supervising
;
in section 4203—
in subsection
(a), by striking part
each place the term appears and inserting
subpart
;
in subsection
(b), by striking part
and inserting subpart
;
and
in subsection
(d), by striking this part
and inserting this
subpart
;
in section 4204—
in subsection
(a), by striking part
both places the term appears and inserting
subpart
;
in subsection
(b), by striking part
each place the term appears and inserting
subpart
;
in subsection
(c), by striking part
and inserting
subpart
;
in subsection
(d), by striking part
both places the term appears and inserting
subpart
;
in subsection
(f), by striking part
and inserting
subpart
;
in subsection
(g), by striking part
and inserting
subpart
;
in subsection
(h), by striking part
and inserting subpart
;
and
in subsection (i)—
by
striking this part
and inserting this
subpart
;
in
paragraph (1)(A), by striking as in need of improvement
and
inserting for school improvement or restructuring
; and
by striking paragraph (1)(B)(ii) and inserting the following:
community-based organization or other public or private entity, including a provider of supplemental educational services.
;
in section 4205—
by striking
part
both places the term appears and inserting
subpart
; and
by striking subsection (a)(2) and inserting the following:
mathematics, science, and reading or language arts activities;
; and
in section 4206,
by striking to be
and all that follows through the period and
inserting the following: to be appropriated to carry out this subpart,
$2,500,000,000 for fiscal year 2008 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
.
Mentoring programs
Part B of title IV (20 U.S.C. 7171 et seq.), as amended by section 4201, is further amended by adding at the end the following:
Mentoring Programs
Purpose; definitions
Purpose
The purpose of this subpart is to make assistance available to promote mentoring programs for children with greatest need—
to assist such children in receiving support and guidance from a mentor;
to improve the academic outcomes of such children by improving student academic performance and decreasing student absenteeism;
to improve interpersonal relationships between such children and their peers, teachers, other adults, and family members;
to reduce the dropout rate and raise the high school graduation rate of such children;
to reduce juvenile delinquency and involvement in gangs by such children; and
to foster character education.
Definitions
In this subpart:
Child with greatest need
The term child with greatest need means a child who is at risk of educational failure, dropping out of school, or involvement in criminal or delinquent activities, or who lacks strong positive role models.
Eligible entity
The term eligible entity means —
a local educational agency;
a nonprofit, community-based organization; or
a partnership between 1 or more local educational agencies and nonprofit, community-based organizations, and other partners such as businesses and institutions of higher education.
Mentor
The term mentor means a responsible adult, a postsecondary school student, or a secondary school student, who works with a child—
to provide a positive role model for the child;
to establish a supportive relationship with the child; and
to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible and successful adult.
State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Grants to eligible entities
In general
From the amounts appropriated to carry out this subpart, the Secretary is authorized to make grants, on a competitive basis, to eligible entities to assist such entities in establishing and supporting mentoring programs and activities for children with greatest need that meet the following:
Such programs and activities are designed to link such children (particularly children living in rural areas, areas with high rates of gang involvement, areas with high rates of drug use, areas with low high school graduation rates, high-crime areas, or troubled home environments, or children experiencing educational failure) with mentors who—
have received training and support in mentoring;
have been screened using appropriate reference checks, child and domestic abuse record checks, and criminal background checks; and
are interested in working with children with greatest need.
Such programs and activities are intended to achieve 1 or more of the following goals with respect to children with greatest need:
Promote personal and social responsibility and encourage participation in community service and community activities.
Increase school attendance, and enhance the ability to benefit from, elementary and secondary education.
Discourage illegal use of drugs and alcohol, violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially harmful activity.
Encourage setting goals and planning for the future, including encouragement of graduation from secondary school and planning for postsecondary education or training.
Discourage involvement in gangs.
Applications
To be eligible to receive a grant under this subpart, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require, that includes—
a description of the plan for the mentoring program the eligible entity proposes to carry out with such grant;
information on the children expected to be served by the mentoring program for which such grant is sought;
a description of the mechanism the eligible entity will use to match children with mentors based on the needs of the children;
an assurance that each mentor will be assigned to no more than 3 children, and that when assigned more than 1 child an assurance that such assignment will not undermine a mentor’s ability to be an effective mentor or to establish a close relationship with each mentored child;
an assurance that the mentoring program will provide children with a variety of experiences and support, including emotional support and academic assistance;
an assurance that the mentoring program will be monitored to ensure that each child assigned a mentor benefits from that assignment and that the child will be assigned a new mentor if the relationship between the original mentor and the child is not beneficial to the child;
information regarding how mentors and children will be recruited to the mentoring program;
information regarding how prospective mentors will be screened;
information on the training that will be provided to mentors;
information on the system that the eligible entity will use to manage and monitor information relating to the mentoring program's—
reference checks;
child and domestic abuse record checks;
criminal background checks; and
procedure for matching children with mentors;
information regarding the staffing plan and levels the eligible entity will use to monitor the mentor and mentee match during the duration of such match; and
information regarding the eligible entity’s plan for program sustainability and specifically information regarding how the eligible entity will meet the matching requirement for non-Federal funds under subsection (i).
Priority
In awarding grants under this subpart, the Secretary shall give priority to an eligible entity that—
serves children with greatest need living in rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems; or
provides high-quality background screening of mentors, training of mentors, and technical assistance in carrying out mentoring programs.
Other considerations
In awarding grants under this subpart, the Secretary shall also consider—
the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs with respect to urban and rural locations;
the quality of the mentoring program proposed by each eligible entity, including—
the resources, if any, the eligible entity will dedicate to providing children with opportunities for job training or postsecondary education;
the degree to which parents, teachers, community-based organizations, and the local community have participated, or will participate, in the design and implementation of the proposed mentoring program;
the degree to which the eligible entity can ensure that mentors will develop longstanding relationships with the children they mentor; and
the degree to which the mentoring program will serve children with the greatest need in the 4th through 8th grades and continue to serve children through graduation from secondary school, as needed; and
the capability of each eligible entity to effectively implement its mentoring program and sustain such program for the duration of the grant period and beyond.
Grant to each State
Notwithstanding any other provision of this subpart, in awarding grants under this section, the Secretary shall select not less than 1 grant recipient from each State for which there is an eligible entity that submits an application of sufficient quality pursuant to subsection (b).
Subsequent grants
In awarding grants under this section, the Secretary shall consider eligible entities that have received a grant under this section in a prior grant cycle for a new grant only if the eligible entity meets the following criteria:
The Secretary determines that performance of the eligible entity during the initial grant period was satisfactory in terms of program design, implementation of the program, and the number of children served.
The proposed subsequent grant will exclusively support expanded services to a new geographic area or target population.
The eligible entity demonstrates that it will provide from non-Federal sources an amount to carry out the activities supported by the grant equal to not less than 50 percent of the amount received under the grant for each of the 3 years of the grant period.
Use of funds
In general
Each eligible entity that receives a grant under this subpart shall use the grant funds for activities that establish or implement a mentoring program, that shall include 1 or more of the following:
Hiring of mentoring coordinators and support staff.
Providing for the professional development of mentoring coordinators and support staff.
Recruitment, screening, and training of mentors.
Reimbursement to schools, if appropriate, for the use of school materials or supplies in carrying out the mentoring program.
Dissemination of outreach materials.
Evaluation of the mentoring program using scientifically based methods.
Such other activities as the Secretary may reasonably prescribe by rule.
Prohibited uses
Notwithstanding paragraph (1), an eligible entity awarded a grant under this subpart may not use the grant funds—
to directly compensate mentors;
to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the eligible entity's operations; or
to support litigation of any kind.
Availability of funds
Funds made available through a grant under this section shall be available for obligation for a period not to exceed 3 years.
Matching requirement
In general
Each eligible entity that receives a grant under this section shall provide from non-Federal sources an amount to carry out the activities supported by the grant equal to or greater than—
10 percent of the amount received under the grant for the first year of the grant;
25 percent of the amount received under the grant for the second year of the grant; and
50 percent of the amount received under the grant for the third year of the grant.
Subsequent grants
An eligible entity that has received a grant under this section in a prior grant cycle shall for any subsequent grant awarded under this section provide from non-Federal sources an amount to carry out the activities supported by the grant equal to not less than 50 percent of the amount received under the grant for each of the 3 years of the grant period.
Ensuring quality grants
Model screening guidelines
In general
Based on model screening guidelines developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute to each eligible entity awarded a grant under this subpart specific model guidelines for the screening of mentors who seek to participate in mentoring programs assisted under this subpart.
Background checks
The guidelines developed under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference checks, child and domestic abuse record checks, and criminal background checks.
Support for grantees
In order to ensure the strongest possible outcomes for children mentored under this subpart, the Secretary shall—
provide technical assistance to grant recipients, beginning in year 1 and continuing throughout the duration of the grant;
track the mentoring practices and outcomes of all grant recipients throughout the 3-year duration of the grant; and
provide an annual report on the implementation of the program assisted under this subpart to Congress detailing the number of children served by grant recipients and the outcomes achieved for those children.
Research on school-based mentoring
In order to ensure that grant recipients assisted under this subpart have access to the most current research-based information about building and carrying out strong and effective mentoring programs, the Secretary shall—
consult with leading mentoring organizations and researchers, including the Federal Mentoring Council and the National Mentoring Working Group, to determine priorities for research on school-based mentoring and appropriate research design, with consideration for—
determining the ideal school environments in which school-based mentoring succeeds;
identifying techniques for matching children with specific characteristics (for example, age, academic achievement, and student risk factors) with the most appropriate mentoring models;
determining the infrastructure needed to foster the expansion of school-based mentoring in a sustainable way; and
refining best practices, match activities, and a range of mentoring models to lead to the best possible outcomes for children; and
through grant or contract with high-quality, independent research entities conduct research on the priorities identified in paragraph (1), and ensure that all research results and findings are widely disseminated to grantees assisted under this subpart and to the larger mentoring community.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of the fiscal years 2008 through 2013.
Reservations
The Secretary may reserve not more than 8 percent of the funds appropriated to carry out this subpart for each fiscal year for the costs of technical assistance and research under subsections (b) and (c) of section 4223.
.
PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Innovative programs
State uses of funds
Section 5121 (20 U.S.C. 7213) is amended—
by striking paragraph (7); and
by redesignating paragraph (8) as paragraph (7).
State applications
Section
5122(a)(2) (20 U.S.C. 7213a(a)(2)) is amended by striking Provision
of
and inserting An assurance that the State educational agency
will provide for
.
Local uses of funds
Local uses of funds
Section 5131 (20 U.S.C. 7215) is amended—
in subsection (a)—
in paragraph (1),
by striking to reduce class size, especially in the early
grades,
and inserting , including to reduce class size,
especially in the early grades, performance- or merit-based pay systems and
strategies that provide differential and bonus pay for teachers in high-need
academic subjects such as reading, mathematics, and science and teachers in
high-poverty schools and local educational agencies,
;
by striking paragraphs (19) and (26);
by redesignating paragraphs (20), (21), (22), (23), (24), (25), and (27), as paragraphs (19), (20), (21), (22), (23), (24), and (25), respectively; and
in paragraph
(25), as redesignated by subparagraph (C), by striking 1116(e)
and inserting 1116(d)
; and
by striking subsection (c).
Local applications
Section 5133(b) (20 U.S.C. 7215b) is amended—
in paragraph (2),
by striking subparagraph (A)
and inserting paragraph
(1)
;
in paragraph (7)—
by striking
Provision
and inserting An assurance that
;
by striking
for systematic
and inserting systematic
;
and
by inserting
will occur
before with parents
; and
in paragraph (9),
by striking 5131(a)(23)
and inserting
5131(a)(22)
.
Participation of children enrolled in private schools
Section 5142(i) (20 U.S.C. 7217a(i)) is amended to read as follows:
Prior determination
Any bypass determination in effect under this part on the day preceding the date of enactment of the No Child Left Behind Act of 2007 shall, to the extent consistent with the purposes of this part, apply to programs under this part.
.
Definitions
Section 5145 (20 U.S.C. 7217d) is amended—
by striking paragraphs (1) and (2); and
by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
Authorization of appropriations
Section 5146 (20 U.S.C. 7217e) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this part $450,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
Public Charter Schools
Program authorized
Section 5202(e)(1)
(20 U.S.C. 7221a(e)(1)) is amended by striking for fiscal year 2002 or
any succeeding fiscal year
.
Authorization of appropriations for charter school programs
Section 5211(a) (20 U.S.C. 7221j(a)) is
amended by striking 2002
and inserting
2008
.
Authorization of appropriations for credit enhancement initiatives
Section 5231 (20 U.S.C. 7223j) is amended by
striking 2002
and all that follows through the period at the end
and inserting 2008 and such sums as may be necessary for each of the 5
succeeding fiscal years.
.
Authorization of appropriations for voluntary public school choice programs
Section 5248 (20 U.S.C. 7225g) is amended by
striking 2002
and inserting 2008
.
Magnet Schools Assistance
Findings and purpose
Section 5301 (20 U.S.C. 7231) is amended—
in subsection
(a)(4)(B), by inserting , including greater participation of minority
students and young women in mathematics and science and greater participation
of all students in critical foreign languages
after
backgrounds
; and
in subsection (b)—
in paragraph (2),
by inserting , while ensuring that all students enrolled in magnet
school programs have equitable access to a high quality education
after
achievement standards
;
in paragraph (4)—
by
striking vocational
and inserting career
;
and
by
inserting that will enable students to succeed academically and make a
successful transition into postsecondary education or productive employment in
a global economy
after such schools
;
in paragraph (5),
by striking ; and
and inserting a period; and
by striking paragraph (6).
Definition
Section 5302 (20 U.S.C.7231a) is amended by
inserting and ethnic
after racial
.
Limitations
Section 5309(c) (20 U.S.C.7231h(c)) is
amended by adding at the end the following: The Secretary shall give
full consideration to any application that requests not more than $4,000,000
for each year of the 3-year grant period.
Authorization of appropriations
Section 5311 (20 U.S.C. 7231j) is amended—
in subsection
(a), by striking 2002
and inserting 2008
;
and
by adding at the end the following:
Additional mathematics and science magnet school programs
In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds the amount appropriated for fiscal year 2007, the Secretary shall expend not less than 50 percent of such excess amount as grants only to local educational agencies or consortia of such agencies proposing new or expanded magnet school programs in mathematics and science, including such programs in computer sciences, medical sciences, and pre-engineering.
.
Fund for the improvement of education
Authorization of appropriations
Section 5401 (20 U.S.C. 7241) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this part $675,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
.
Programs authorized
Section 5411(b) (20 U.S.C. 7243(b)) is amended—
by striking paragraphs (5), (6), and (7); and
by redesignating paragraphs (8) and (9) as paragraphs (5) and (6), respectively.
Studies of national significance
Subpart 1 of part D of title V (20 U.S.C. 7243 et seq.) is amended by striking section 5414.
Counseling programs
Section 5421 (20 U.S.C. 7245) is amended—
by striking subsection (c)(K) and inserting the following:
ensure a team approach to school counseling in the schools served by the local educational agency by working toward a ratio recommended by the American Counseling Association of 1 school counselor to 250 students, and ratios recommended by the American School Health Association of 1 school social worker to 800 students, and 1 school psychologist to 1,000 students; and
; and
by striking subsection (g).
Partnerships in character education
Section 5431(i) (20 U.S.C. 7247(i)) is amended—
in the heading,
by striking Permissive
;
in paragraph (1),
by striking may require
and inserting shall
require
; and
by striking paragraph (4).
Programs to be struck
Part D of title V (20 U.S.C. 7241 et seq.) is amended—
by striking subparts 4, 11, 12, 17, 18, 19, 20, and 21;
by redesignating subparts 5, 6, 7, 8, 9, 10, 13, 14, 15, and 16, as subparts 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, respectively; and
by redesignating sections 5451, 5461, 5462, 5463, 5464, 5465, 5466, 5471, 5472, 5473, 5474, 5475, 5476, 5477, 5481, 5482, 5483, 5484, 5485, 5491, 5492, 5493, 5494, 5501, 5502, 5503, 5504, 5505, 5506, 5507, 5531, 5532, 5533, 5534, 5535, 5536, 5537, 5541, 5542, 5551, 5561, 5562, 5563, 5564, 5565, 5566, as sections 5441, 5451, 5452, 5453, 5454, 5455, 5456, 5461, 5462, 5463, 5464, 5465, 5466, 5467, 5471, 5472, 5473, 5474, 5475, 5481, 5482, 5483, 5484, 5491, 5492, 5493, 5494, 5495, 5496, 5497, 5501, 5502, 5503, 5504, 5505, 5506, 5507, 5511, 5512, 5521, 5531, 5532, 5533, 5534, 5535, and 5536, respectively.
Gifted and talented students
Subpart 5 of part D of title V (as redesignated by section 5406) is amended—
in section 5451
(as redesignated by section 5406) by striking 2001
and inserting
2007
;
in section 5454 (as redesignated by section 5406)—
by striking subsection (c);
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
in subsection (d) (as redesignated by subparagraph (B))—
by
striking Office of Educational Research and Improvement
and
inserting Institute of Education Sciences
; and
by
striking such Office
both places such terms appear and inserting
such Institute
;
in section 5455
(as redesignated by section 5406) by striking 5464(a)(2)
and
inserting 5454(a)(2)
; and
in section 5456 (as redesignated by section 5406)—
in subsection
(b)(3), by striking No Child Left Behind Act of 2001
and
inserting No Child Left Behind Act of 2007
; and
in subsection (c)—
in
paragraph (2), by adding and
after the semicolon;
in paragraph (3)—
by striking
Assistant Secretary for Educational Research and Improvement
and
inserting Director of the Institute of Education Sciences
;
and
by striking
; and
and inserting a period; and
by striking paragraph (4).
Star schools program
Subpart 6 of part D of title V (as redesignated by section 5406) is amended—
in section
5462(1) (as redesignated by section 5406) by striking vocational
and inserting career and technical
;
in section
5463(c)(2) (as redesignated by section 5406) by striking 5474
and inserting 5464
; and
in section 5464 (as redesignated by section 5406)—
in subsection
(a), by striking 5473
and inserting 5463
;
in subsection
(b)(12)(G), by striking vocational
and inserting career
and technical
; and
in subsection
(c), by striking 5473
and inserting 5463
;
in section
5463(a) (as redesignated by section 5406) by striking , in conjunction
with the Office of Educational Technology,
after The
Secretary
; and
in section
5465(a)(1) (as redesignated by section 5406) by striking , in
conjunction with the Office of Educational Technology,
after The
Secretary
.
Ready to teach
Subpart 7 of part D of title V (as redesignated by section 5406) is amended—
in section 5471(b) (as redesignated by
section 5406) by striking section 5484
and inserting
5474
;
in section 5472 (as redesignated by section 5406)—
in subsection (a)—
in paragraph (1), by striking
5481(a)
and inserting 5471(a)
; and
in
paragraph (2), by striking 5481(a)
and inserting
5471(a)
; and
in subsection
(b), by striking 5481(b)
and inserting
5471(b)
;
in section 5473
(as redesignated by section 5406) by striking 5481(a)
and
inserting 5471(a)
; and
in section 5474
(as redesignated by section 5406) by striking 5481(b)
each place
such term appears and inserting 5471(b)
.
Foreign language assistance program
Section 5484 (as redesignated by section 5406) is repealed.
Physical education
Section 5496(c) (as
redesignated by section 5406) is amended by striking 2003
and
inserting 2009
.
Excellence in economic education
Subpart 10 of part D of title V (as redesignated by section 5406) is amended—
in section
5505(b) (as redesignated by section 5406) by striking
5533(b)(2)(A)
and inserting 5503(b)(2)(A)
;
in section 5506 (as redesignated by section 5406)—
in subsection
(a), by striking 5533(b)(2)
and inserting
5503(b)(2)
; and
in subsection
(c), by striking Not later
and all that follows through
thereafter,
and inserting Every 2 years
;
and
in section 5507
(as redesignated by section 5406) by striking 5532(a)
and
inserting 5502(a)
.
Arts in education
Section 5521(d)(8)
(as redesignated by section 5406) is amended by striking Very Special
Arts
and inserting VSA arts (formerly Very Special
Arts)
.
Parental assistance and local family information centers
Subpart 13 of part D of title V (as redesignated by section 5406) is amended—
in the subpart heading, by striking
Parental Assistance and
Local Family Information Centers
and inserting
Parental Information and
Resource Centers
;
in section 5533(b) (as redesignated by section 5406)—
by striking paragraph (14);
by redesignating paragraphs (12) and (13) as paragraphs (14) and (15), respectively;
in paragraph
(14), as redesignated by subparagraph (B), by inserting and
after the semicolon at the end;
in paragraph
(15), as redesignated by subparagraph (B), by striking ; and
and
inserting a period; and
by inserting after paragraph (11) the following:
provide information and assistance to parents regarding State and local high school graduation requirements, college entrance requirements, and Federal and State financial assistance for postsecondary education;
provide information and assistance to parents regarding options for public school choice and supplemental educational services for students enrolled in schools identified for school improvement and restructuring under section 1116;
;
in section 5534(b) (as redesignated by section 5406)—
by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and
by inserting after paragraph (3) the following:
Providing information about State and local high school graduation requirements, college entrance requirements, and Federal and State financial assistance for postsecondary education.
Providing information about options for public school choice and supplemental educational services for students enrolled in schools identified for school improvement and restructuring under section 1116;
;
by striking section 5535(f) (as redesignated by section 5406); and
by striking section 5536 (as redesignated by section 5406).
Flexibility and accountability
Improving academic achievement
Grants for State assessments and related activities
Section 6111 (20 U.S.C. 7301) is amended to read as follows:
Grants for State assessments and related activities
Grant program authorized
The Secretary shall make grants to States to enable the States—
to develop and improve State assessments and standards required under section 1111(b);
to develop and improve State alternate assessments and alternate and modified academic achievement standards for students with disabilities required by or allowed under section 1111(b);
to expand the range of assessment accommodations available to students with limited English proficiency and students with disabilities to improve the rates of inclusion of such students;
to develop and improve State standards and assessments of English language proficiency as required under section 1111(b)(7); and
if a State has developed the assessments and standards required under section 1111(b), including assessments of English language proficiency as required under section 1111(b)(7), to administer such assessments or to carry out other activities described in this subpart to ensure that the State's schools and local educational agencies are held accountable for improved student academic achievement, such as the following:
Developing challenging academic content standards and challenging student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).
Ensuring the continued validity and reliability of State assessments.
Refining State assessments to ensure their continued alignment with the State's academic content standards and to improve the alignment of curricula and instructional materials.
Developing multiple measures to increase the reliability and validity of State assessment systems.
Developing diagnostic and formative assessments aligned to State standards to provide teachers and administrators with timely and accurate student and classroom-level information that may be used to inform and improve classroom instruction and to target academic assistance to students in need.
Carrying out professional development activities for IEP teams, special education teachers, and regular classroom teachers on the appropriate use of accommodations, alternate assessments, and alternate or modified academic achievement standards for students with disabilities.
Carrying out professional development activities for teachers of limited English proficient students and for regular classroom teachers and administrators on the appropriate use of accommodations for limited English proficient students.
Carrying out professional development activities for teachers and administrators concerning the interpretation and analysis of assessment results in order to use such results to improve classroom instruction.
Developing and improving State longitudinal data systems that incorporate and link student records of achievement, high school graduation data, and teacher and classroom level data.
Improving the dissemination of information on student achievement and school performance to parents and the community.
Voluntary State partnerships
In carrying out the activities under subsection (a), a State may use funds authorized under subsection (a) to work in a voluntary partnership or consortium with another State, at the sole discretion of each such State.
Rule of construction
Nothing in this section shall be construed to authorize an officer or employee of the Federal Government to mandate or direct any federally sponsored national academic standards or academic assessments, unless specifically and explicitly authorized by law.
.
Grants for enhanced assessments for students with disabilities and limited English proficient students
Section 6112 (20 U.S.C. 7301a) is amended to read as follows:
Grants for enhanced assessments for students with disabilities and limited english proficient students
Grant program authorized
From funds made available to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing such information as the Secretary may require—
to enable States (or consortia of States) to collaborate with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments for students with disabilities, including alternate assessments based on alternate student academic achievement standards, alternate assessments aligned with modified student academic achievement standards, and testing accommodations for students with disabilities; and
to enable States (or consortia of States) to collaborate with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments for students with limited English proficiency, including alternative assessments aligned with State student academic achievement standards, testing accommodations for students with limited English proficiency, and assessments of English language proficiency.
Application
Each State wishing to apply for funds under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require.
Annual report
Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, under the grant.
.
Funding
Section 6113 (20 U.S.C. 7301b) is amended to read as follows:
Funding
Authorization of appropriations
State assessments
For the purpose of carrying out section 6111, there are authorized to be appropriated $460,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 5 succeeding fiscal years.
Enhanced assessments
For the purpose of carrying out section 6112, there are authorized to be appropriated $30,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 5 succeeding fiscal years.
Allotment of appropriated funds
From amounts made available for each fiscal year under subsection (a)(1) that are equal to or less than the amount described in section 1111(b)(3)(F), the Secretary shall—
reserve 1/2 of 1 percent for the Bureau of Indian Affairs;
reserve 1/2 of 1 percent for the outlying areas; and
from the remainder, allocate to each State an amount equal to—
$3,000,000; and
with respect to any amounts remaining after the allocation is made under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
State defined
In this section, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
.
Performance review and penalties
Section 6143(a) (20 U.S.C. 7315b(a)) is amended by striking paragraphs (1), (2), and (3), and inserting the following:
Progress report
After the end of the second year of the grant of flexibility authority, a State educational agency receiving a grant of flexibility authority under this chapter shall submit a progress report to the Secretary, including evidence of increased academic achievement of all students, especially disadvantaged students, and evidence of narrowing of achievement gaps between the lowest and highest achieving groups of students.
Peer review
The progress report described in paragraph (1) shall be reviewed by the peer review panel convened under section 6141(d).
Consequences of insufficient progress
After submission of the progress report described in paragraph (1), if the Secretary determines that the State educational agency is not making significant progress in meeting the purposes of this chapter, the Secretary shall terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to comply with the terms of the grant of authority.
.
Local flexibility demonstration agreements
Section 6151 (20 U.S.C. 7321) is amended—
in subsection
(a), by striking Except as otherwise provided in this chapter,
the
and inserting The
; and
in subsection (b)(2)—
in subparagraph
(A), by striking that does not have a grant of flexibility authority
under chapter A
; and
by striking subparagraph (C).
Performance review and penalties
Section 6154(a) (20 U.S.C. 7321c(a)) is amended by striking paragraphs (1), (2), and (3), and inserting the following:
Progress report
After the end of the second year of the term of a local flexibility demonstration agreement, a local educational agency receiving an agreement under this chapter shall submit a progress report to the Secretary, including evidence of increased academic achievement of all students, especially disadvantaged students, and evidence of narrowing of achievement gaps between the lowest and highest achieving groups of students.
Peer review
The progress report described in paragraph (1) shall be reviewed by the peer review panel convened under section 6151(d).
Consequences of insufficient progress
After submission of the progress report described in paragraph (1), if the Secretary determines that the local educational agency is not making significant progress in meeting the purposes of this chapter, the Secretary shall terminate the local flexibility demonstration agreement for a local educational agency if there is evidence that the local educational agency involved has failed to comply with the terms of the agreement.
.
Reports
Section 6156(a) (20 U.S.C. 7321e(a)) is
amended by striking the Workforce
and inserting
Labor
.
Education flexibility partnership
Subpart 4 of part A of title VI (20 U.S.C. 7325 et seq.) is amended to read as follows:
Education flexibility partnership
Short title
This subpart may be
cited as the Education Flexibility Partnership Act of
1999
.
Purposes
The purpose of this subpart is to ensure that all students meet State proficient levels of academic achievement by focusing on results in raising student achievement, not process, by granting waivers of certain statutory and regulatory requirements to remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children.
Education flexibility partnership
Educational flexibility program
Program authorized
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 1 or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency or school within the State.
Designation
Each
eligible State participating in the program described in subparagraph (A) shall
be known as an Ed-Flex Partnership State
.
Eligible state
In this section, the term eligible State means a State that—
has met the requirements for developing and implementing a State system of challenging academic standards and assessments and a single, statewide State accountability system for ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as required under section 1111;
holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in technical assistance, school and local educational agency improvement consistent with section 1116, for the local educational agencies and schools that do not make adequate yearly progress as described in section 1111(b)(2); and
waives State statutory or regulatory requirements relating to education while holding local educational agencies or schools within the State that are affected by such waivers accountable for the academic achievement of the students who are affected by such waivers.
State application
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—
a description of the process the State educational agency will use to evaluate applications from local educational agencies or schools requesting waivers of—
Federal statutory or regulatory requirements as described in paragraph (1)(A); and
State statutory or regulatory requirements relating to education;
a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive;
a description of clear educational objectives the State intends to meet under the educational flexibility plan;
a description of how the educational flexibility plan is consistent with and will assist in implementing the State system of challenging academic standards and assessments and a single, statewide State accountability system for ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as required under section 1111;
a description of how the State educational agency will evaluate (consistent with the requirements of title I) the performance of students in the schools and local educational agencies affected by the waivers; and
a description of how the State educational agency will meet the requirements of paragraph (8).
Approval and considerations
The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies and schools within the State in carrying out comprehensive educational reform, after considering—
the eligibility of the State as described in paragraph (2);
the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A);
the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan;
the degree to which the State's objectives described in subparagraph (A)(iii)—
are clear and have the ability to be assessed; and
take into account the performance of local educational agencies or schools, and students, particularly those affected by waivers;
the significance of the State statutory or regulatory requirements relating to education that will be waived; and
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.
Local applications
In general
Each local educational 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—
indicate each Federal program affected and each statutory or regulatory requirement that will be waived;
describe the purposes and overall expected results of waiving each such requirement;
describe, for each school year, specific, measurable, educational goals for each local educational agency or school affected by the proposed waiver, and for the students served by the local educational agency or school who are affected by the waiver;
explain why the waiver will assist the local educational agency or school in reaching such goals; and
in the case of an application from a local educational agency, describe how the local educational agency will meet the requirements of paragraph (8).
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).
Approval
A State educational agency shall not approve an application for a waiver under this paragraph unless—
the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively;
the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency or school in reaching its educational goals, particularly goals with respect to school and student performance; and
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.
Termination
The State educational agency shall annually review the performance of any local educational 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 any waiver granted to the local educational agency or school if the State educational agency determines, after notice and an opportunity for a hearing, that the local educational agency or school's performance 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; or
has decreased for 2 consecutive years, unless the State educational agency determines that the decrease in performance was justified due to exceptional or uncontrollable circumstances.
Oversight and reporting
Oversight
Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies and schools receiving waivers under this section.
State reports
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.
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—
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;
information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance; and
information describing the relationship of the waivers to the performance of schools and students affected by the waivers.
Secretary's reports
The Secretary, not later than 2 years after the date of enactment of the No Child Left Behind Act of 2007 and annually thereafter, shall—
make each State report submitted under subparagraph (B) available to Congress and the public; and
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.
Duration of federal waivers
In general
The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may extend such period if the Secretary determines that such agency's authority to grant waivers—
has been effective in enabling such State or affected local educational 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
has improved student performance.
Performance review
Three years after the date a State is designated an Ed-Flex Partnership State, the Secretary shall review the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and shall terminate such agency's authority to grant such waivers if the Secretary determines, after notice and an opportunity for a hearing, that 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.
Renewal
In deciding whether to extend a request for a State educational agency's 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—
has made progress toward achieving the objectives described in the application submitted pursuant to paragraph (3)(A)(iii); and
demonstrates in the request that local educational agencies or schools affected by the waiver authority or waivers have made progress toward achieving the desired results described in the application submitted pursuant to paragraph (4)(A)(iii).
Public notice and comment
Each State educational agency seeking waiver authority under this section and each local educational agency seeking a waiver under this section—
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 in a widely read or distributed medium, including a description of any improved student performance that is expected to result from the waiver authority or waiver;
shall provide the opportunity for parents, educators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver;
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
shall submit the comments received with the agency's application to the Secretary or the State educational agency, as appropriate.
Included programs
The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs carried out under the following provisions:
The following provisions of this Act:
Part A of title I (other than sections 1111 and 1116), and parts C and D of title I.
Subparts 2 and 3 of part A of title II.
Subpart 1 of part D of title II.
Subpart 1 of part A of title III.
Subpart 1 of part A of title IV.
Subpart 1 of part B of title IV.
Part A of title V.
The Carl D. Perkins Career and Technical Education Improvement Act of 2006.
Waivers not authorized
The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement—
relating to—
maintenance of effort;
comparability of services;
equitable participation of students and professional staff in private schools;
parental participation and involvement;
distribution of funds to States or to local educational agencies;
serving eligible school attendance areas in rank order under section 1113(a)(3);
the selection of a school attendance area or school under subsections (a) and (b) of section 1113, 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 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 subsections (a) and (b);
use of Federal funds to supplement, not supplant, non-Federal funds; and
applicable civil rights requirements; and
unless 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.
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.
.
Child-centered programming
Part A of title VI (20 U.S.C. 7301 et seq.) is amended by adding at the end the following:
Child-centered programming
Purpose
The purpose of this subpart is to create a
child-centered
program in which—
title I funds would relocate with eligible students rather than schools;
incentive grants would be available to States and local educational agencies operating child-centered programs that allow for State and local funds to relocate with the child;
parents would be better empowered to effectively address the needs of their children by expanding public school choice options; and
achievement gaps between the lowest and highest achieving groups would be narrowed so that no child is left behind.
Definitions
In this subpart:
Eligible child
The term eligible child means a child who—
is eligible to be counted under section 1124(c); or
the State or participating local educational agency elects to serve under this subpart; and
is a child eligible to be served under this part pursuant to section 1115(b).
Participating local educational agency
The term participating local educational agency means a local educational agency that elects under section 6173(b) to carry out a child-centered program under this subpart.
School
The term school means a public school, including a public charter school, that provides elementary or secondary education, as determined under State law, except that such term does not include any school that provides education beyond grade 12.
Supplemental education services
The term supplemental education services means educational services intended—
to meet the individual educational needs of eligible children; and
to enable eligible children to meet challenging State student academic achievement standards as described in section 1111(b).
Child-centered program funding
Funding
Notwithstanding any other provision of law, each State or participating local educational agency may use the funds made available under subparts 1 and 2 of part A of title I, and shall use the funds made available under subsection (c), to carry out a child-centered program under this subpart.
Participating local educational agency election
In general
If a State does not carry out a child-centered program under this subpart or does not have an application approved under section 6175 for a fiscal year, a local educational agency in the State may elect to carry out a child-centered program under this subpart, and the Secretary shall provide the funds that the local educational agency (with an application approved under section 6175) is eligible to receive under subparts 1 and 2 of part A of title I, and subsection (c), directly to the local educational agency to enable the local educational agency to carry out the child-centered program.
Submission approval
In order to be eligible to carry out a child-centered program under this subpart, a participating local educational agency shall obtain from the State approval of the submission, but not the contents, of the application submitted under section 6175.
Incentive grants
In general
From amounts appropriated under paragraph (3) for a fiscal year, the Secretary shall award grants to each State, or participating local educational agency described in subsection (b), that elects to carry out a child-centered program under this subpart and has an application approved under section 6175, to enable the State or participating local educational agency to carry out the child-centered program.
Amount
Each State or participating local educational agency that elects to carry out a child-centered program under this subpart and has an application approved under section 6175 for a fiscal year shall receive a grant in an amount that bears the same relation to the amount appropriated under paragraph (3) for the fiscal year as the amount the State or participating local educational agency received under subparts 1 and 2 of part A of title I for the fiscal year bears to the amount all States and participating local educational agencies carrying out a child-centered program under this subpart received under subparts 1 and 2 of part A of title I for the fiscal year.
Authorization of appropriations
There are authorized to be appropriated to carry out this subpart $50,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 5 succeeding fiscal years.
Child-centered program requirements
Uses
Each State or participating local educational agency with an application approved under section 6175 shall use funds made available under subparts 1 and 2 of part A of title I and subsection (c), to carry out a child-centered program under which—
the State or participating local educational agency establishes a per pupil amount based on the number of eligible children in the State or the school district served by the participating local educational agency; and
the State or participating local educational agency may vary the per pupil amount to take into account factors that may include—
variations in the cost of providing supplemental education services in different parts of the State or the school district served by the participating local educational agency;
the cost of providing services to pupils with different educational needs; or
the desirability of placing priority on selected grades; and
the State or the participating local educational agency makes available, not later than 3 months after the beginning of the school year, the per pupil amount determined under paragraphs (1) and (2) to the school in which an eligible child is enrolled, which per pupil amount shall be used for supplemental education services for the eligible child that are—
subject to subparagraph (B), provided by the school directly or through a contract for the provision of supplemental education services with any governmental or nongovernmental agency, school, postsecondary educational institution, or other entity, including a private organization or business; or
if requested by the parent or legal guardian of an eligible child, purchased from a tutorial assistance provider or another public school selected by the parent or guardian.
Schoolwide programs
In general
In the case of a public school in which 50 percent of the students enrolled in the school are eligible children, the public school may use funds provided under this subpart, in combination with other Federal, State, and local funds, to carry out a schoolwide program to upgrade the entire educational program in the school.
Plan
If a public school elects to use funds provided under this subpart in accordance with paragraph (1), and does not have a plan approved by the Secretary under section 1114(b)(2), the public school shall develop and adopt a comprehensive plan for reforming the entire educational program of the public school that—
incorporates—
strategies for improving achievement for all children to meet challenging State student academic achievement standards as described in section 1111(b);
instruction by highly qualified staff;
professional development for teachers in content areas in which the teachers provide instruction and, where appropriate, professional development for pupil services personnel, parents, and principals, and other staff to enable all children in the school to meet the challenging State student academic achievement standards as described in section 1111(b); and
activities to ensure that eligible children who experience difficulty mastering any of the standards described in section 1111(b) during the course of the school year shall be provided with effective, timely additional assistance;
describes the school's use of funds provided under this subpart and from other sources to implement the activities described in subparagraph (A);
includes a list of State and local educational agency programs and other Federal programs that will be included in the schoolwide program;
describes how the school will provide individual student assessment results, including an interpretation of those results, to the parents of an eligible child who participates in the assessment; and
describes how and where the school will obtain technical assistance services and a description of such services.
Special rule
In the case of a public school operating a schoolwide program under this subsection, the Secretary may, through publication of a notice in the Federal Register, exempt child-centered programs under this section from statutory or regulatory requirements of any other noncompetitive formula grant program administered by the Secretary, or any discretionary grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act), to support the schoolwide program, if the intent and purposes of such other noncompetitive or discretionary programs are met.
Open enrollment
In general
In order to be eligible to carry out a child-centered program under this subpart, a State or participating local educational agency shall operate a statewide or school district wide, respectively, open enrollment program that permits parents to enroll their child in any public school in the State or school district, respectively, if space is available in the public school and the child meets the qualifications for attendance at the public school.
Waiver
The Secretary may waive paragraph (1) for a State or participating local educational agency if the State or agency, respectively, demonstrates that parents served by the State or agency, respectively—
have sufficient options to enroll their child in multiple public schools; or
will have sufficient options to use the per pupil amount made available under this subpart to purchase supplemental education services from multiple tutorial assistance providers or schools.
Parent involvement
In general
Any public school receiving funds under this subpart shall convene an annual meeting at a convenient time. All parents of eligible children shall be invited and encouraged to attend the meeting, in order to explain to the parents the activities assisted under this subpart and the requirements of this subpart. At the meeting, the public school shall explain to parents how the school will use funds provided under this subpart to enable eligible children enrolled at the school to meet challenging State student academic achievement standards as described in section 1111(b). In addition, the public school shall inform parents of their right to choose to use the per pupil amount described in subsection (a) to purchase supplemental education services from a tutorial assistance provider or another public school.
Information
Any public school receiving funds under this subpart shall provide to parents a description and explanation of the curriculum in use at the school, the forms of assessment used to measure student progress, and the proficiency levels students are expected to meet.
Application
In general
Each State or participating local educational agency desiring to carry out a child-centered program under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—
documentation that the State is in compliance with subsections (a) and (b) of section 1111;
a detailed description of the program to be assisted, including an assurance that—
the per pupil amount established under section 6174(a) will follow each eligible child described in that section to the public school or tutorial assistance provider of the parent or guardian's choice;
funds made available under this subpart will be spent in accordance with the requirements of this subpart; and
parents have the option to use the per pupil amount to purchase supplemental education services for their children from a wide variety of tutorial assistance providers and schools;
an assurance that the State or participating local educational agency will publish in a widely read or distributed medium an annual report card that contains—
information regarding the academic progress of all students served by the State or participating local educational agency in meeting challenging State student academic achievement standards as described in section 1111(b), including students assisted under this subpart, with results disaggregated as described in section 1111(b)(2)(C)(v)(II); and
such other information as the State or participating local educational agency may require;
a description of how the State or participating local educational agency will make available, to parents of children participating in the child-centered program, annual school report cards, with results disaggregated as described in section 1111(b)(2)(C)(v)(II) for schools in the State or in the school district of the participating local educational agency;
in the case of an application from a participating local educational agency, an assurance that the participating local educational agency has notified the State regarding the submission of the application;
a description of specific measurable objectives for improving the student achievement on challenging State student academic achievement standards as defined in section 1111(b) of students served under this subpart; and
a description of the process by which the State or participating local educational agency will measure progress in meeting the objectives.
Administrative provisions
Program duration
A State or participating local educational agency shall carry out a child-centered program under this subpart for a period of 5 years.
Administrative costs
A State may reserve 2 percent of the funds made available to the State under this subpart, and a participating local educational agency may reserve 5 percent of the funds made available to the participating local educational agency under this subpart, to pay the costs of administrative expenses of the child-centered program. The costs may include costs of providing technical assistance to schools receiving funds under this subpart, in order to increase the opportunity for all students in the schools to meet the challenging State student academic achievement standards as described in section 1111(b). The technical assistance may be provided directly by the State educational agency, local educational agency, or, with a local educational agency's approval, by an institution of higher education, by a private nonprofit organization, by an educational service agency, or by another entity with experience in helping schools improve student achievement.
Reports
Annual reports
In general
The State educational agency serving each State, and each participating local educational agency, carrying out a child-centered program under this subpart shall submit to the Secretary an annual report, that is consistent with data provided under section 6175(a)(2)(A), regarding the performance of eligible children receiving supplemental education services under this subpart.
Data
Not later than 2 years after establishing a child-centered program under this subpart and each year thereafter, each State or participating local educational agency shall include in the annual report data on student achievement for eligible children served under this subpart with results disaggregated as described in section 1111(b)(2)(C)(v)(II), demonstrating the degree to which measurable progress has been made toward meeting the objectives described in section 6175(a)(6).
Data assurances
Each annual report shall include—
an assurance from the managers of the child-centered program that data used to measure student achievement under subparagraph (B) is reliable, complete, and accurate, as determined by the State or participating local educational agency; or
a description of a plan for improving the reliability, completeness, and accuracy of such data as determined by the State or participating local educational agency.
Secretary's report
The Secretary shall make each annual report available to Congress and the public.
Termination
Three years after the date a State or participating local educational agency establishes a child-centered program under this subpart the Secretary shall review the performance of the State or participating local educational agency in meeting the objectives described in section 6175(a)(6). The Secretary, after providing notice and an opportunity for a hearing, may terminate the authority of the State or participating local educational agency to operate a child-centered program under this subpart if the State or participating local educational agency submitted data that indicated the State or participating local educational agency has not made any progress in meeting the objectives.
Treatment of amounts received
The per pupil amount provided under this subpart for an eligible child shall not be treated as income of the eligible child or the parent of the eligible child for purposes of Federal tax laws, or for determining the eligibility for or amount of any other Federal assistance.
Evaluation
Annual evaluation
Contract
The Inspector General of the Department shall enter into a contract, with an evaluating entity that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of child-centered programs under this subpart.
Annual evaluation requirement
The contract described in paragraph (1) shall require the evaluating entity entering into such contract to annually evaluate each child-centered program under this subpart in accordance with the evaluation criteria described in subsection (b).
Transmission
The contract described in paragraph (1) shall require the evaluating entity entering into such contract to transmit to the Inspector General of the Department the findings of each annual evaluation under paragraph (2).
Evaluation criteria
The Inspector General of the Department, in consultation with the Secretary, shall establish minimum criteria for evaluating the child-centered programs under this subpart. Such criteria shall provide for a description of—
the implementation of each child-centered program under this subpart;
the effects of the programs on the level of parental participation and satisfaction with the programs; and
the effects of the programs on the educational achievement of eligible children participating in the programs.
Reports
Reports by inspector general
Interim reports
Three years after the date of enactment of the No Child Left Behind Act of 2007 the Inspector General of the Department shall submit an interim report to Congress on the findings of the annual evaluations under section 6177(a) for each child-centered program assisted under this subpart. The report shall contain a copy of the annual evaluation under section 6177(a) of each child-centered program under this subpart.
Final report
The Inspector General of the Department shall submit a final report to Congress, not later than March 1, 2013, that summarizes the findings of the annual evaluations under section 6177(a).
.
Rural Education Initiative
Small, Rural School Achievement Program
Redesignation
Subpart 1 of part B of title VI (20 U.S.C. 7345 et seq.) is amended—
by striking section 6211; and
by redesignating sections 6212 and 6213 as sections 6211 and 6212, respectively.
Grant programs authorized
Section 6211 (as redesignated by section 6211(2)) (20 U.S.C. 7345a) is amended—
by redesignating subsections (c) and (d) as subsections (f) and (g), respectively;
in subsection
(a), by striking to eligible
and all that follows through
carry out
and inserting to State educational agencies to
enable the State educational agencies to award grants to eligible local
educational agencies in the State for carrying out
; and
by striking subsection (b) and inserting the following:
Allocation
In General
The Secretary shall award grants under this subpart to State educational agencies with approved applications, in order to enable the State educational agencies to award grants to eligible local educational agencies in the State for the activities described in subsection (a).
State Educational Agency Allocation
Allocation by the Secretary
Except as provided in paragraph (3), the Secretary shall allot to each State educational agency with an approved application for a fiscal year an amount that bears the same ratio to the total amount available as the number of students in average daily attendance during that fiscal year who are served by eligible local educational agencies in the State bears to the number of all such students in all States during that fiscal year.
Allocation by the State Educational Agency
Each State educational agency receiving funds under subparagraph (A) shall allocate to the eligible local educational agencies in that State the amount determined under paragraph (4).
Specially Qualified Agencies
Eligibility and application
If a State educational agency elects not to participate in the program under this subpart, or does not have its application submitted under this subsection approved for a fiscal year, a specially qualified agency in the State desiring a grant under this subpart may submit an application for an award under this subpart directly to the Secretary.
Direct awards
The Secretary may award, on a competitive basis or by formula, a grant in the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of that application.
Specially qualified agency defined
In this subpart, the term specially qualified agency means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year.
Local Educational Agency Allocation
In general
Except as provided in subparagraph (C), a State educational agency that receives a grant under this subpart for a fiscal year shall allocate to an eligible local educational agency in the State for such fiscal year an amount equal to the initial amount determined under subparagraph (B) for that fiscal year.
Determination of Initial Amount
The initial amount referred to in subparagraph (A) is equal to $100 multiplied by the total number of students in excess of 50 students who are in average daily attendance at the schools served by the local educational agency, plus $5,000, except that the initial amount may not exceed $60,000.
Adjustments
Ratable Adjustments
If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under subparagraph (B) for such year, the Secretary shall ratably reduce those amounts for that year.
Adjustments for Additional Amounts
If additional funds become available for making payments under subparagraph (B) for that fiscal year, payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.
Application
In General
A State educational agency that desires to receive a grant under this subpart shall submit an application at such time, in such form, and containing such information as the Secretary may require.
Average Daily Attendance
An application submitted by a State educational agency under this subpart shall include the total number of students in average daily attendance at all of the schools served by each eligible local educational agency in the State.
Combined Application
A State educational agency that desires to participate in the programs under this subpart and subpart 2 may submit a combined application for grants under both subparts that includes such terms and conditions as the Secretary may require.
Administrative Costs and Technical Assistance
A State educational agency that receives a grant under this subpart may use not more than 3 percent of the amount of the grant—
for State administrative costs for the program under this subpart; or
to provide technical assistance to eligible local educational agencies.
Local Educational Agency Eligibility
In General
A local educational agency shall be eligible to receive an allocation from a State educational agency under this subpart if—
the total number of students in average daily attendance at each school served by the local educational agency is fewer than 600; or
each county or locale in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and
each of the schools served by the local educational agency is designated with a school locale code of 41, 42, or 43, as determined by the Secretary; or
the agency meets either of the criteria established in subclause (I) or (II) of subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the State educational agency's request to waive the criteria described in subparagraph (A)(ii).
Certification
The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the State educational agency that the local educational agency is located in an area defined as rural by a governmental agency of the State.
.
Accountability
Section 6212(b) (as redesignated by section
6211(2)) (20 U.S.C. 7345b(b)) is amended in the matter preceding paragraph (1)
by striking the provisions of law described in section 6211(c)
and inserting this subpart
.
Rural and Low-Income School Program
Program authorized
Section 6221 (20 U.S.C. 7351) is amended—
in subsection
(a)(1), by striking section 6234
and inserting section
6244
;
in subsection
(b)(1)(B), by striking 6, 7, or 8
and inserting 41, 42,
or 43
; and
in subsection
(c), by striking section 6234
and inserting section
6244
.
Accountability
Section 6224(c) (20 U.S.C. 7351c(c)) is
amended in the matter preceding paragraph (1) by striking the
Workforce
and inserting Labor
.
Alternate Uses of Funds
Use of applicable funding
Part B of title VI (as amended by this part) (20 U.S.C. 7341 et seq.) is further amended—
by redesignating subpart 3 as subpart 4;
by redesignating sections 6231 through 6234 as sections 6241 through 6244, respectively; and
by inserting after section 6224 the following:
Alternate uses of funds
Use of applicable funding
Alternative uses
In general
Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, as defined in subsection (c), that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions:
Part A of title I.
Part A or D of title II.
Title III.
Part A or B of title IV.
Part A of title V.
Notification
An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification.
Eligibility
A local educational agency that is eligible to receive funds under subpart 1 or 2 may use the applicable funding in accordance with subsection (a).
Applicable funding defined
In this section, the term applicable funding means funds provided under any of the following provisions:
Subpart 2 and section 2412(a)(2)(A) of title II.
Section 4114.
Part A of title V.
Disbursement
Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.
Applicable rules
Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).
.
General provisions
Annual average daily attendance determination
Section 6241(b) (20 U.S.C. 7355(b)) (as redesignated by section 6231(2)) is amended—
by striking
additional funds under section 6212 or subpart 2
and inserting
additional funds under this part
; and
by striking
received under section 6212 or subpart 2
and inserting
received under this part
.
Supplement, not supplant
Section 6242 (20
U.S.C. 7355a) (as redesignated by section 6231(2)) is amended by striking
subpart 1 or subpart 2
and inserting this
part
.
Authorization of appropriations
Section 6244
(20 U.S.C. 7355c) (as redesignated by section 6201(2)) is amended by striking
2002
and inserting 2008
.
Indian, Native Hawaiian, and Alaska Native education
Indian education
Purpose
Section 7102(b)(3) (20 U.S.C. 7402(b)(3)) is
amended by striking , and in other professions serving Indian
people
.
Formula grants to local educational agencies
Purpose
Section 7111(2) (20 U.S.C. 7421(2)) is
amended by striking those standards
and inserting the
same challenging State student academic achievement standards as all children
are expected to meet, consistent with section 1111
.
Grants to local educational agencies and tribes
Subsection (b) of section 7112 (20 U.S.C. 7422(b)) is amended to read as follows:
Enrollment requirement for local educational agencies
General rule
Beginning with grants awarded under this subpart for fiscal year 2009 and all succeeding fiscal years, a local educational agency shall be eligible for such grant for the fiscal year if the number of Indian children eligible under section 7117 who were enrolled in the schools of the agency, and to whom the agency provided free public education during the preceding fiscal year, was not less than 20.
Rule for fiscal year 2008
For grants awarded under this subpart for fiscal year 2008, a local educational agency’s enrollment requirements shall be determined pursuant to this subsection, as this subsection was in effect on the day before the date of enactment of the No Child Left Behind Act of 2007.
.
Amount of grants
Section 7113 (20 U.S.C. 7423) is amended—
in subsection (a)(2), by striking
subsection (e)
and inserting subsection
(d)
;
in subsection
(b)(1), by striking subsection (e)
and inserting
subsection (d)
;
by striking subsection (c);
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
in the matter
preceding subparagraph (A) of subsection (c)(1) (as redesignated by paragraph
(4)), by striking subsection (e)
and inserting subsection
(d)
; and
in subsection (d)
(as redesignated by paragraph (4)), by striking subsection (d)
and inserting subsection (c)
.
Report on obstacles to program integration
Subsection (o) of section 7116 (20 U.S.C. 7426(o)) is amended to read as follows:
Report on statutory obstacles to program integration
Not later than 5 years after the date of enactment of the No Child Left Behind Act of 2007, the Secretary shall submit a report to the Committee on Education and Labor and the Committee on Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the results of the implementation of the demonstration projects authorized under this section. Such report shall identify statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section.
.
Student eligibility
Section 7117 (20 U.S.C. 7427) is amended—
in subsection (b)(1)—
in subparagraph
(A)(ii), by striking enrollment number establishing the membership of
the child (if readily available)
and inserting enrollment or
membership number establishing the membership of the child
; and
in subparagraph
(B), by striking enrollment number (if readily available)
and
inserting enrollment or membership number
;
by striking subsection (d);
by redesignating subsections (e) through (h) as subsections (d) through (g), respectively;
in subsection (d) (as redesignated by paragraph (3))—
by striking the second sentence;
by striking
Documentation—For purposes
and
inserting
Documentation—
Type of proof
For purposes;
; and
by adding at the end the following:
Previously filed forms
All Indian student eligibility forms that were on file as required by this section before the date of enactment of the No Child Left Behind Act of 2007 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian students.
;
in subsection (e)(1) (as redesignated by paragraph (3))—
by striking subparagraph (B); and
by striking
In
general.—
and all that follows through For
each
and inserting In general.—For each
; and
in the matter
preceding paragraph (1) of subsection (g) (as redesignated by paragraph (3)),
by striking subsection (g)(1)
and inserting subsection
(f)(1)
.
Definitions; authorization of appropriations
Definitions
Section 7151 (20 U.S.C. 7451) is amended—
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2) (as redesignated by paragraph (2))—
in subparagraph
(C), by inserting or
after the semicolon;
in subparagraph
(D), by striking ; or
and inserting a period; and
by striking subparagraph (E).
Authorization of appropriations
Section 7152 (20 U.S.C. 7452) is amended—
in subsection
(a), by striking 2002
and inserting 2008
;
and
in subsection
(b), by striking 2002
and inserting 2008
.
Additional amendments
Department of Interior schools
Part A of title VII (as amended by this part) (20 U.S.C. 7401 et seq.) is further amended—
in section 7113 (20 U.S.C. 7423)—
in the subsection
heading of subsection (c) (as redesignated by section 7113(4)), by striking
Bureau of Indian
Affairs
and inserting Department of the
Interior
; and
by striking
Bureau of Indian Affairs
each place the term appears and
inserting Department of the Interior
;
in section 7117(f) (as redesignated by section 7115(3)) (20 U.S.C. 7427(f))—
in the matter
preceding paragraph (1), by striking Bureau of Indian Affairs
and inserting Department of the Interior
; and
in paragraph (1),
by striking Bureau.
and inserting Department of the
Interior.
;
in section
7122(b)(4) (20 U.S.C. 7442(b)(4)), by striking section 1146
and
inserting 1141
;
in section
7132(a)(2)(C) (20 U.S.C. 7452(a)(2)(C)), by striking Bureau of Indian
Affairs
and inserting Department of the Interior
;
and
in section 7134(d) (20 U.S.C. 7454(d))—
in paragraph (1),
by striking Bureau of Indian Affairs
and inserting
Department of the Interior
;
in paragraph
(7)(A), by striking Bureau schools
and inserting
Department of the Interior schools
; and
by striking
Bureau school
each place the term appears and inserting
Department of the Interior school
.
Native Hawaiian Education
Report date for Native Hawaiian Education Council and Island Councils
Section 7204(i) (20 U.S.C. 7514(i)) is
amended by striking 2001
and inserting
2007
.
Program authorized
Section 7205 (20 U.S.C. 7515) is amended—
in subsection
(a)(1)(H)(iii), by striking vocational
and inserting
career and technical
; and
in subsection (c)—
in paragraph (1),
by striking 2002
and inserting 2008
; and
in paragraph (2),
by striking 2002
and inserting 2008
.
Alaska Native Education
Program authorized
Section 7304 (20 U.S.C. 7544) is amended—
in subsection (a)(2)—
in subparagraph
(N), by striking Even Start programs carried out under subpart 3 of part
B of title I and
; and
in subparagraph
(S), by striking vocational
and inserting career and
technical education
; and
in subsection
(d)(1), by striking 2002
and inserting
2008
.
Impact Aid program
Impact aid
Amendments
Section 8014 (20 U.S.C. 7714) is amended—
in subsection (a)—
by striking
$32,000,000
and inserting $64,500,000
;
by striking
2000
and inserting 2008
; and
by striking
seven
and inserting 5
;
in subsection (b)—
by striking
$809,400,000
and inserting $1,100,000,000
;
by striking
2000
and inserting 2008
; and
by striking
seven
and inserting 5
;
in subsection (c)—
by striking
2000
and inserting 2008
; and
by striking
seven
and inserting 5
;
by striking subsection (e) and inserting the following:
Construction
For the purpose of carrying out section 8007, there are authorized to be appropriated $20,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.
;
by redesignating subsection (f) as subsection (e); and
in subsection (e) (as redesignated by paragraph (5))—
by striking
2000
and inserting 2008
; and
by striking
seven
and inserting 5
.
Conforming amendments
Construction
Section 8007 (20 U.S.C. 7707) is amended—
in subsection
(a)(1), by striking 8014(e)
and inserting
8014(d)
;
in subsection (a)(3)(A)(i)—
by
striking (i)(II) 20 percent
and inserting (i)(I) 20
percent
; and
by
striking 8014(e)
and inserting 8014(d)
;
in subsection
(a)(3)(B)(i)(I), by striking 8014(e)
and inserting
8014(d)
; and
in the matter
preceding subparagraph (A) of subsection (b)(1), by striking
8014(e)
and inserting 8014(d)
.
Facilities
Section
8008(a) (20 U.S.C. 7008(a)) is amended by striking 8014(f)
and
inserting 8014(e)
.
General provisions
Definitions
Section 9101 (20 U.S.C. 7801) is amended—
in paragraph (13)—
by striking subparagraphs (B) and (E);
by redesignating subparagraphs (C), (D), and (F) through (L) as subparagraphs (B), (C), and (D) through (J), respectively; and
in subparagraph
(J) (as redesignated by subparagraph (B)), by striking subpart 2
of
;
in paragraph (25)(D)—
in clause (i), by
inserting or
after the semicolon;
in clause (ii),
by striking ; or
and inserting a period; and
by striking clause (iii).
Consolidation of funding for local administration
Section 9203(b) (20 U.S.C. 7823(b)) is
amended by striking 2001
and inserting
2007
.
Waivers
Section 9401(e)(4) (20 U.S.C. 7861(e)(4)) is amended—
by striking
Beginning in fiscal year 2002 and for each subsequent year,
and
inserting For each fiscal year
; and
by striking
the Workforce
and inserting Labor
.
Disasters and emergencies
Part D of title IX (20 U.S.C. 7861) is further amended by adding at the end the following:
Emergencies and disasters
In general
Except as provided in subsection (b), the Secretary may waive or modify, on a case-by-case basis, any statutory or regulatory requirement of this Act for a State educational agency, a local educational agency, or an Indian tribe, or through a local educational agency, for a school that is directly or indirectly affected by a major disaster or emergency declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or such other emergency situation as the Secretary may determine impedes the efficient and expeditious provision of assistance to such entities and the students served by such entities.
Limitations
The Secretary shall not use the authority provided in subsection (a) to waive any statutory or regulatory requirement relating to applicable civil rights requirements, the prohibition regarding the use of funds for religious worship or instruction described in section 9505, or the prohibitions against the activities described in section 9526.
.
Participation by private school children and teachers
Section 9501(b)(1)(A) (20 U.S.C.
7881(b)(1)(A)) is amended by striking subparts 1 and 3
and
inserting subpart 1
.
By-pass determination process
Section
9504(d) (20 U.S.C. 7884(d)) is amended by striking 2001
and
inserting 2007
.
McKinney-Vento Homeless Assistance Act
Short title
This title may be cited
as the McKinney-Vento Homeless Education Assistance Improvements Act of
2007
.
Grants for State and local activities
Section 722(e) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(e)) is amended—
by striking paragraph (1) and inserting the following:
Minimum disbursements by States
From the sums made available each year to carry out this subtitle, a State educational agency—
may use not more than 25 percent of the State's allocation under subsection (c)(1) of such sums or $85,000, whichever is greater, for State-level activities; and
shall distribute the remainder of the allocation such sums in subgrants to local educational agencies for the purposes of carrying out section 723.
; and
in paragraph (3)—
by striking subparagraph (F); and
by redesignating subparagraph (G) as subparagraph (F).
Waivers by the Secretary
Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434) is amended—
by striking subsection (c) and inserting the following:
Waiver
The Secretary may waive or modify, on a case-by-case basis, any statutory or regulatory requirement of this subtitle in response to a major disaster or emergency designated by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
;
by striking subsection (g);
by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and
in subsection (h) (as redesignated by paragraph (3))—
by striking
2001
and inserting 2007
; and
by striking
the Workforce
and inserting Labor
.
Authorization of appropriations
Section 726 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended by
striking $70,000,000
and all that follows through the period at
the end and inserting $70,000,000 for fiscal year 2008 and such sums as
may be necessary for each of the succeeding 5 fiscal years.
.