Tag Archives: ESEA

The Every Student Succeeds Act (ESSA)

en Español

Update: ESSA Consolidated State Plans

Templates

Resources

ESSA Highlights

President Obama signs the Every Student Succeeds Act into law on December 10, 2015.

ESSA includes provisions that will help to ensure success for students and schools. Below are just a few. The law:

  • Advances equity by upholding critical protections for America’s disadvantaged and high-need students.
  • Requires—for the first time—that all students in America be taught to high academic standards that will prepare them to succeed in college and careers.
  • Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measure students’ progress toward those high standards.
  • Helps to support and grow local innovations—including evidence-based and place-based interventions developed by local leaders and educators—consistent with our Investing in Innovation and Promise Neighborhoods
  • Sustains and expands this administration’s historic investments in increasing access to high-quality preschool.
  • Maintains an expectation that there will be accountability and action to effect positive change in our lowest-performing schools, where groups of students are not making progress, and where graduation rates are low over extended periods of time.

History of ESEA

  • The Elementary and Secondary Education Act (ESEA) was signed into law in 1965 by President Lyndon Baines Johnson, who believed that “full educational opportunity” should be “our first national goal.” From its inception, ESEA was a civil rights law.

    ESEA offered new grants to districts serving low-income students, federal grants for textbooks and library books, funding for special education centers, and scholarships for low-income college students. Additionally, the law provided federal grants to state educational agencies to improve the quality of elementary and secondary education.

NCLB and Accountability

NCLB put in place measures that exposed achievement gaps among traditionally underserved students and their peers and spurred an important national dialogue on education improvement. This focus on accountability has been critical in ensuring a quality education for all children, yet also revealed challenges in the effective implementation of this goal.

Parents, educators, and elected officials across the country recognized that a strong, updated law was necessary to expand opportunity to all students; support schools, teachers, and principals; and to strengthen our education system and economy.

In 2012, the Obama administration began granting flexibility to states regarding specific requirements of NCLB in exchange for rigorous and comprehensive state- developed plans designed to close achievement gaps, increase equity, improve the quality of instruction, and increase outcomes for all students.

What’s Next?

Over the next few weeks, the U.S. Department of Education will work with states and districts to begin implementing the new law. Visit this page for updates and sign up for news about ESSA.

Have questions?

ESSA State Plan Notice of Intent to Submission

In the November 29, 2016 Dear Colleague Letter on ESSA State Plans, the Department established two deadlines for the submission of ESSA State Plans:

  • April 3, 2017
  • September 18, 2017

Consistent with the requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), the Department will conduct a peer review process of submitted State plans after each of the two submission dates. The Department will not review plans on a rolling basis and will consider each plan to be submitted only on one of the two dates above. In order to plan for the peer review of State plans, the Department requested that each State provide the date by which it intends to submit a consolidated State plan or individual State plans. The information below is provided for informational purposes. At any time, a State may decide to submit its State plan on the other submission date.

    State Submission Date
    Alabama September 18, 2017
    Alaska September 18, 2017
    Arizona April 3, 2017
    Arkansa September 18, 2017
    BIE September 18, 2017
    California September 18, 2017
    Colorado April 3, 2017
    Connecticut April 3, 2017
    Delaware April 3, 2017
    District of Columbia April 3, 2017
    Florida September 18, 2017
    Georgia September 18, 2017
    Hawaii September 18, 2017
    Idaho September 18, 2017
    Illinois April 3, 2017
    Indiana September 18, 2017
    Kansas September 18, 2017
    Kentucky September 18, 2017
    Louisiana April 3, 2017
    Maine April 3, 2017
    Maryland September 18, 2017
    Massaschusetts April 3, 2017
    Michigan April 3, 2017
    Minnesota September 18, 2017
    Mississippi September 18, 2017
    Missouri April 3, 2017
    Montana April 3, 2017
    Nebraska September 18, 2017
    Nevada April 3, 2017
    New Hampshire September 17, 2017
    New Jersey April 3, 2017
    New Mexico April 3, 2017
    New York September 18, 2017
    North Carolina September 17, 2017
    North Dakota April 3, 2017
    Ohio April 3, 2017
    Oklahoma September 18, 2017
    Oregon April 3, 2017
    Pennsylvania September 18, 2017
    Puerto Rico September 18, 2017
    Rhode Island September 18, 2017
    South Carolina September 18, 2017
    South Dakota September 18, 2017
    Tennessee April 3, 2017
    Texas September 18, 2017
    Utah September 18, 2017
    Vermont April 3, 2017
    Virginia September 18, 2017
    Washington September 18, 2017
    West Virginia September 18, 2017
    Wisconsin September 18, 2017
    Wyoming September 18, 2017

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Student-Centered Funding Pilot Submissions

This list includes all local educational agencies (LEAs) that applied for the Student-centered Funding Pilot as of the March 12, 2018, deadline and does not indicate their eligibility for an agreement.

District Jurisdiction
Wilsona School District California
Indianapolis Public Schools Indiana
Salem-Keizer School District 24J Oregon
Upper Adams School District Pennsylvania
Puerto Rico Department of Education
Local Flexibility Demonstration Agreement
Approval Letter (6/28/2018)

Updated Implementation Timing (1/3/2019)

Update to Authority (4/16/2019)

 Puerto Rico

Summer 2018 Submission
This list includes the LEA that applied for the Student-Centered Funding Pilot as of the July 15, 2018, deadline and does not indicate its eligibility for an agreement.

District Jurisdiction
Roosevelt School District Arizona
Top

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Student-Centered Funding Pilot

Well-Rounded Education through Student-Centered Funding Demonstration Grants

The Well-Rounded Education through Student-Centered Funding Demonstration Grants program provides competitive grants to local educational agencies (LEAs) to demonstrate model programs for providing well-rounded education opportunities through the development and implementation of student-centered funding (SCF) systems based on weighted per-pupil allocations under Section 1501 of the Elementary and Secondary Education Act of 1965, as amended (ESEA). Grants awarded under this program are intended to help build the capacity of LEAs to provide well-rounded education in order to establish models for expanding and enhancing delivery of such opportunities for educationally disadvantaged students.

For more information, please visit the following page: https://oese.ed.gov/offices/office-of-formula-grants/school-support-and-accountability/well-rounded-education-student-centered-funding-demonstration-grants/.

Student-Centered Funding Pilot

ESEA section 1501 authorizes the U.S. Secretary of Education to enter into local flexibility demonstration agreements with local educational agencies (LEAs) under which such agencies may consolidate eligible Federal education funds with State and local funds in accordance with certain requirements in order to develop a student-centered funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. Under a local flexibility demonstration agreement, an LEA may use the Federal funds allocated through its system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

For an LEA that enters into a local flexibility demonstration agreement, the Secretary is authorized to waive those provisions of the ESEA that would otherwise prevent the LEA from using eligible Federal funds as part of such an agreement. Relieving an LEA from certain ESEA requirements in this manner would enable the LEA to use the Federal funds allocated through its student-centered funding system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

For an LEA that enters into a local flexibility demonstration agreement, the Secretary is authorized to waive those provisions of the ESEA that would otherwise prevent the LEA from using eligible Federal funds as part of such an agreement. Relieving an LEA from certain ESEA requirements in this manner would enable the LEA to use the Federal funds allocated through its student-centered funding system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

ESEA Section 1501 Resources

Technical Assistance – Disclaimer

The Department places a high priority on posting documents on its website that meet the accessibility standards established by Section 508 of the Rehabilitation Act and is working diligently to ensure that those standards are met by all documents posted on this page. If you experience problems with the accessibility of any of these materials, and need them in an alternative format, please contact the Department at (202)260-0826. Please be specific in your request about the information you need, which may include identifying a specific document and its location on the website.

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Technical Assistance – Partners

OESE supports numerous technical assistance providers, including technical assistance networks, the Comprehensive Centers and other partners to provide content expertise and resources to effectively address State grantee needs and assist with implementation of federal programs across key program areas. Please visit partner websites to learn more about the resources and supports available.

OSS Technical Assistance Partners

Regional Comprehensive Centers

Comprehensive Content Centers

Equity Assistance Centers

  • Region I: Connecticut, Delaware, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands, West Virginia
  • Region II: Alabama, Arkansas, District of Columbia, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia
  • Region III: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Wisconsin
  • Region IV: Alaska, American Samoa, Arizona, California, Colorado, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming

Regional Educational Laboratories

The ten Regional Educational Laboratories, administered by the Institute of Education Sciences’ (IES) National Center for Education Evaluation and Regional Assistance (NCEE), work in partnership with school districts, state departments of education, and other educational stakeholders to use data and research to improve academic outcomes for students.

  • REL Appalachia: Kentucky, Tennessee, Virginia, & West Virginia
  • REL Central: Colorado, Kansas, Missouri, Nebraska, North Dakota, South Dakota, & Wyoming
  • REL Mid-Atlantic: Delaware, Maryland, New Jersey, Pennsylvania, & Washington, DC
  • REL Midwest: Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, & Wisconsin
  • REL Northeast and Islands: Connecticut, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, Rhode Island, Vermont, & the Virgin Islands
  • REL Northwest: Alaska, Idaho, Montana, Oregon, & Washington
  • REL Pacific: American Samoa, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia (Chuuk, Kosrae, Pohnpei, and Yap), Guam, Hawai’i, Republic of the Marshall Islands, & Republic of Palau
  • REL Southeast: Alabama, Florida, Georgia, Mississippi, North Carolina, & South Carolina
  • REL Southwest: Arkansas, Louisiana, New Mexico, Oklahoma, & Texas
  • REL West: Arizona, California, Nevada, & Utah

Other National Technical Assistance Centers

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Technical Assistance – English Learners

For the last several decades, English learners (ELs) have been among the fastest-growing populations in our Nation’s schools. ELs comprise nearly 10 percent of the student population nationwide, and in many schools, local educational agencies (LEAs) and States, account for an even higher percentage of the student population. The Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), (herein referred to as the ESEA), strives to ensure that ELs and immigrant youth attain English language proficiency and meet the same academic standards as their peers. This webpage contains information about requirements related to ELs in the ESEA, and provides links to resources to support States in developing and implementing programs and services for ELs.

The Office of Elementary and Secondary Education: English Learner Resources

To view ESEA guidance and regulatory information, navigate to other resources to support English learners in your State or district, and view your State’s consolidated ESSA State plan, please use the drop-down menus below. Please note that some of the resources listed are based on requirements related to English learners in the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). The ESEA was reauthorized by the ESSA on December 10, 2015. Changes to the requirements related to English learners under the reauthorized ESEA are not reflected in all of the resources posted. A notification will be published on this page when any updated resources are available.

If you require assistance accessing these resources (or do not see a resource responsive to your needs), please contact your State contact in the Office of State Support (OSS).

Guidance and Regulatory Information

While much of Title III, Part A of the ESEA remains the same as prior reauthorizations, several provisions related to ELs (e.g., accountability for performance on the English language proficiency assessment) are now part of Title I, Part A in the amended ESEA. The ESEA also contains several other changes under Title III, Part A, including new Title III reporting requirements. More information about requirements related to ELs in Title I and Title III is found below.

The ESEA continues to require each State to administer, to all students who are identified as ELs, an annual English language proficiency (ELP) assessment that is aligned to ELP standards (ESEA Section 1111(b)(2)(G)). More information about the ELP assessment can be found in the final regulations at the link below. These regulations also contain provisions regarding the inclusion of ELs in academic content assessments. Additionally, the ESEA requires that ELP assessments for all ELs and alternate ELP assessments (AELPA) for ELs who are students with the most significant cognitive disabilities in grades K-12 be submitted for peer review (ESEA section 1111(a)(4)). More information about ELP assessment peer review is found below.

The ESEA continues to require an LEA to provide for the equitable participation of private school students, teachers and other educational personnel in private schools located in areas served by the LEA. More information about equitable services requirements is found below.

The ESEA substantially expands provisions related to assessment and accountability for recently arrived English learners. More information about accountability models for recently arrived English learners is found below.

Other Tools and Resources

The Office of State Support (OSS) has developed a number of tools and resources that can be used by a State to support ELs. To view these resources and your State’s consolidated ESSA State plan, please use the links provided below.

ELSTAR

ELSTAR is a digital application dashboard to support state educational agency (SEA) leaders in making data-based decisions about English learner accountability. SEA staff can also use ELSTAR to support monitoring efforts, reflect on the validity and reliability of the English Language Proficiency (ELP) indicator, as well as prepare for technical assistance around the ELP indicator.

OSS Partners

OSS works with multiple partner offices that administer programs, provide technical assistance and enforce education laws pertaining to ELs. Please find a list of our partner offices and some of the relevant resources they provide below.

Office of Special Education Programs (OSEP)

Office for Civil Rights (OCR)

Office of English Language Acquisition (OELA)

Institute of Education Sciences (IES)

Office of Non-Public Education (ONPE)

In addition to the resources provided above, other general grant guidance pertaining to administration of federal programs can be found here:

Back to OSS Technical Assistance

Technical Assistance – Educator Equity

The Elementary and Secondary Education Act of 1965 (ESEA) requires State educational agencies (SEAs) and local education agencies (LEAs) to consider the rates at which low-income and minority students have access to excellent educators. This webpage contains information about these ESEA requirements, work that States and districts have done to date to address disproportionate access, and resources to support States in ensuring access to excellent educators for all students.

If you have questions about any information on this page, please contact OSS.TechnicalAssistance@ed.gov or your State contact in the Office of State Support.

Educator Equity: An Overview

Educator Equity under the Every Student Succeeds Act

ESEA, as amended by the Every Student Succeeds Act (ESSA) of 2015, requires SEAs and LEAs to address whether low-income and minority students served by Title I, Part A are taught at disproportionate rates by ineffective, out-of-field, or inexperienced educators to compared to their peers. More specifically, the law requires each SEA receiving a Title I, Part A grant to describe in its ESSA State plan:

  • “how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers,” and
  • “the measures the [SEA] will use to evaluate and publicly report the progress of the [SEA]” in addressing any disproportionality. (ESEA Section 1111(g)(1)(B))

Further, the ESEA requires each LEA receiving Title I, Part A subgrant to submit plans that include a description of “how the [LEA] will identify and address . . . any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers.” (ESEA Section 1112(b)(2))

Finally, the ESEA explicitly indicates that SEAs (ESEA Section 2101(c)(4)(B)(iii)) and LEAs (ESEA Section 2103(b)(3)(B)) may use Title II, Part A funds to address identified disparities in access to excellent teachers.

ESSA incorporates many the of equitable access requirements from earlier authorizations of the ESEA. The next section of this page provides additional information about educator equity plans and requirements under the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB).

Educator Equity under the No Child Left Behind Act

Under the ESEA, as amended by the NCLB, every SEA that received a Title I, Part A grant was required to submit to the U.S. Department of Education (the Department) an educator equity plan describing the steps the SEA would take to ensure that poor and minority students were not taught at higher rates than other students by inexperienced, unqualified, or out-of-field teachers and the measures that each SEA would use to evaluate and publicly report its progress in closing the equity gaps identified in its educator equity plans.

The Department required States to submit educator equity plans twice under NCLB: once in 2006 and, most recently, in 2015 and as part of the Excellent Educators for All initiative.

In July 2014, the Department launched the Excellent Educators for All initiative, which was “designed to move America toward the day when every student in every public school is taught by excellent educators.” This initiative had three major components:

  • Educator equity data. To support States in the development of their respective 2015 educator equity plans, the Department, in November 2014, provided to each State (i) an educator equity profile, which provided an analysis of State-specific data, and (ii) data files, which contained State-specific data from the Civil Rights Data Collection (CRDC) and other Department-managed data sets.
  • Equity Plans. The Department released Frequently Asked Questions to inform States’ submission of educator equity plans. All States, the District of Columbia, and Puerto Rico submitted and had approved educator equity plans in 2015.
  • Equitable Access Support Network. In late 2014, the Department launched the Equitable Access Support Network (EASN), a technical assistance network designed to support States in the drafting and implementation of their educator equity plans.

Each of these resources, including States’ approved 2015 educator equity plans, is available on the Department’s Improving Basic Programs Operated by Local Educational Agencies (Title I, Part A) webpage. Learn more about technical assistance resources available to States below.

The resources below are designed to help SEAs and LEAs in the development, implementation, and continuous improvement of their respective educator equity plans. If you require any assistance accessing any of these resources (or do not see a resource responsive to your needs), please contact your State contact in the Office of State Support

Educator Equity Resources

    Statute, Regulations & Guidance

    Stakeholder Engagement

    download files

    State Strategies for Engaging Stakeholders in Equity Planning and Beyond

    • Planning and Processes for Eliminating Equity Gaps

      download files

      Equity Plan Implementation Readiness Assessment

      • Data Analysis

        download files

        Equity Data Analysis: Getting Started on the Right Foot

        • Measuring, Monitoring & Reporting Progress

          download files

          Implementation Tips Sheet #1: Setting Equity Goals

          • Taking Action: Using Strategies that Work

            download files

            How SEAs Can Support District-Level Strategies

          Educator Equity Technical Assistance

          The Department and its partners provide technical assistance opportunities for States and LEAs related to the development and implementation of educator equity plans. The information below highlights some of these past and current technical assistance initiatives. For additional information about technical assistance initiatives or organizations, please contact your State contact in the Office of State Support.

          The Equitable Access Support Network | December 2014 – April 2017

          The Equitable Access Support Network (EASN) was established in 2014 to support States in the development and implementation of their 2015 educator equity plans. Further, after the reauthorization of the ESEA by the ESSA, the EASN supported States in understanding the educator equity requirements of the ESSA.

          The EASN developed tools and resources to support State development of educator equity plans. In addition, the EASN provided individualized support and collective technical assistance to all 50 States, Puerto Rico, the District of Columbia, and the Bureau of Indian Education through the following peer-to-peer opportunities:

          • EASN Communities of Practice offered SEAs ongoing opportunities to collaborate with peers and experts through online discussion boards and webinars focused on key topics related to ensuring equitable access to excellent educators, including: Data Use & Analysis, Policy & Programs, Rural Access Issues & Support, and Stakeholder Engagement.
          • EASN Work Groups offered select States short-term opportunities to engage with peers to achieve a shared set of objectives to address common challenges related to the implementation of educator equity plans. EASN work groups included: LEA Equity Planning, Managing for Results, and ESSA Equity Data & Analysis.
          • EASN Webinars provided States access to relevant research and tools developed and shared by EASN Consortium partners to support implementation of educator equity plans.

          The EASN concluded its work in June 2017. For additional information about the work of the EASN, please contact OSS.TechnicalAssistance@ed.gov.

          Technical Assistance Partners

          States seeking support in implementing educator equity provisions may request assistance from a number of technical assistance partners who are members of the Equitable Access Consortium, including:

          The Equitable Access Consortium

          In partnership with the U.S. Department of Education’s (ED) Office of State Support (OSS) and Office of School Support and Rural Programs (SSRP), the Equitable Access Consortium includes the EASN, the Center on Great Teachers and Leaders (GTL Center), Council of Chief State School Officers (CCSSO), and other ED-funded technical assistance centers: Regional Educational Laboratories, Regional Comprehensive Centers, and Equity Assistance Centers. Together, these partners support State education agencies SEAs and technical assistance providers with high-quality, responsive, and customized technical assistance as SEAs implement their equitable access plans.
          For additional information about the work of the Equitable Access Consortium, access the Equitable Access Consortium one-pager.

          Back to TA Resources

Technical Assistance

As outlined in the August 2016 Dear Colleague Letter on ESSA Transition Technical Assistance and Resource, the Office of State Support (OSS), in collaboration with other OESE programs, offers technical assistance across grant programs to address State needs through one-on-one individualized support for States to problem solve specific State needs; through peer-to-peer interactions that provide opportunities for collaboration with peer States, communities of practice, and interstate working groups around relevant issues and challenges; and through building awareness of information and resources in response to needs identified in the field through ongoing guidance and technical support to all States.

Technical Assistance Resources

The sections below provide links to technical assistance resources and supports across multiple priority areas. Priorities align with consolidated State plans and support State capacity building, standards and assessments, teachers and leaders, accountability and support, and unique student populations. Highlighted resources include websites, webinars, guidance documents, resources, and tools created by the Department and other technical assistance partners. Click on each topic to explore available resources and supports.

New“New English Learner Resource Page is now available”

Consolidated State Plans

These resources provide assistance to States for preparing and submitting consolidated State plans. Additional information about ESSA consolidated State plans may be found on the Department’s ESSA Consolidated State Plans webpage

Tools

Presentations

TA Partners

Consultation, Performance Management, Capacity Building

These resources provide assistance to States and school districts to enhance systems and build capacity, including tools to build strong performance management systems, plan for sustainability, communicate and engage with stakeholders, and leverage federal funds to implement education programs.

Tools

Presentations

TA Partners

Academic Assessments

These resources can help education leaders address common challenges related to challenging academic standards, including support for English Learners, teacher professional development around standards/lesson planning, and the development of high-quality assessments.

Tools

TA Partners

Accountability Systems

These resources can help improve the effectiveness of differentiated recognition, accountability, and support systems designed to close achievement gaps for all students

Tools

TA Partners

Archived Information

Evidence-based Interventions and Supports for School Improvement

These resources address the identification and implementation of evidence-based school improvement strategies and interventions designed to support schools designated for improvement.

Regulations and Guidance

Communities of Practice

Resources

Tools

Webinars

TA Partners

Supporting Excellent Educators

These resources can help education leaders address supports for teachers and leaders, including strategies to ensure that all students have access to excellent educators and recruiting, preparing, training, and supporting high quality teachers, principals and other school leaders.

TA Partners

Support for All Students

These resources are geared toward helping States support all student populations, (including English Learners, Students with Disabilities, Children in Foster Care, Homeless Youth, Migrant Students, and Recently-Arrived Youth), and social-emotional and engagement supports for all students.

Tools

TA Partners

Fiscal and Program Management

These resources provide guidance applicable to cross-cutting requirements around fiscal and program management of ESSA Title programs

Tools

TA Partners

Data and Reporting

These resources provide guidance for cross-cutting data and reporting requirements for ESSA Title programs.

Tools

TA Partners

Equitable Access to Excellent Educators

These resources provide guidance for cross-cutting equitable access to excellent educators requirements for ESSA Title programs.

NewNew Educator Equity Page

NewSupport for English Learners

These resources contain information about requirements related to English Learners(ELs) in the ESEA, and provides links to resources to support States in developing and implementing programs and services for ELs.

NewNew English Learner Page

If you have questions about any information on this page, please contact OSS.TechnicalAssistance@ed.gov or your State contact.

OSS Meeting and Conference Presentations

The section below links to presentations that OSS staff have presented at meetings and conferences hosted by either the U.S. Department of Education or OSS’ partner organizations. (As appropriate, each of the resources below has also been included in the relevant priority area listed under this page’s “Technical Assistance Resources” header.) If you have any questions about these resources, please reach out to your OSS State contacts.

New2018 National Title I Conference | February 8-11, 2018

2018 National Title I Conference | February 8-11, 2018

Staff from the Department, including OSS, the Office of Special Education Programs, the Office of Non-public Education, and the Office of the General Counsel, presented nine sessions at the 2018 National Title I Conference, hosted by the National Association of ESEA State Program Administrators.

Accountability and Support for English Learners| July 31, 2018

The U.S. Department of Education’s Office of State Support (OSS) hosted the Accountability and Support for English Learners Peer Convening for state accountability and English learner leaders. Interactive sessions focused on applications and analyses states can conduct using a new user-friendly statistical tool, The English Learner State Accountability Resource (ELSTAR), designed to support SEA leaders in making data-based decisions related to ESSA provisions and checking the validity of their ELP indicator, as well as states sharing strategies for monitoring, reporting, and assisting districts in meeting ELP goals.

State Assessment Peer Review Seminar | August 1-2, 2018

An assessment peer review seminar was held in Washington, DC on August 1 and 2, 2018. The seminar was focused on the updated guide for State Assessment Peer review, including the peer review of English Language Proficiency (ELP) assessments. Panel discussions that involved assessment experts (including many assessment peer reviewers) on a variety of salient topics were held. A complete summary of the seminar materials, including handouts, summary notes, participant list and video of all sessions are available on the meeting website.

2018 Combined Federal Programs Meeting | December 6-7, 2018

The Office of State Support and the Office of Special Education Programs hosted the 2018 Combined Federal Programs Meeting in December 2018. The theme for the 2018 conference was “Improving Student Achievement through Analysis, Evaluation, and Accountability”, and the conference featured presenters from the U.S. Department of Education, State educational agencies, and partner organizations.

2019 National ESEA Conference | January 30–February 2, 2019

Staff from the Department—including staff from the Office of Elementary and Secondary Education, the Office of Special Education Programs, the Office of Non-public Education, and the Office of the General Counsel—presented ten sessions at the 2019 National ESEA Conference, hosted by the National Association of ESEA State Program Administrators:

OSS Technical Assistance Networks

  • State Support Network – The State Support Network is a four-year technical assistance initiative to support States’ efforts to achieve significant improvements in student outcomes, scale up effective systemic approaches and practices within and across States and districts, and identify and share evidence-based activities to facilitate learning across States and districts.
  • Equitable Access Support Network – The Equitable Access Support Network (EASN) offers collective and individualized technical assistance (TA) and resources to all 50 States, Puerto Rico, the District of Columbia, and the Bureau of Indian Education. The EASN, as a partner in the Equitable Access Consortium, provides assistance to States as they put in place strategies to ensure equitable access to excellent educators for all students.
  • Reform Support Network – The Reform Support Network (RSN) is a partnership with the U.S. Department of Education to provide collective and individualized technical assistance (TA) and resources to State grantees of the Race to the Top program.

Technical Assistance Partners

OESE supports numerous technical assistance providers, including technical assistance networks, with the Comprehensive Centers and other partners Comprehensive Centers and other partners to leverage provide content expertise and resources to effectively address State grantee needs and assist with implementation challenges of federal programs across in key reform program areas. Please visit partner websites to learn more about the resources and supports available.

  • Click Here for a list of OESE technical assistance partners websites.

Request Technical Assistance

We are committed to working with States to explore available technical assistance support. For State educational agency staff that have technical assistance needs, please reach out to your State contacts or your Regional Comprehensive Center

 

Subpart 1 – Formula Grants to Local Educational Agencies

SEC. 7111. PURPOSE.

    It is the purpose of this subpart to support local educational agencies in their efforts to reform elementary school and secondary school programs that serve Indian students in order to ensure that such programs —

      (1) are based on challenging State academic content and student academic achievement standards that are used for all students; and

      (2) are designed to assist Indian students in meeting those standards.

SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

    (a) IN GENERAL- The Secretary may make grants, from allocations made under section 7113, to local educational agencies and Indian tribes, in accordance with this section and section 7113.

    (b) LOCAL EDUCATIONAL AGENCIES-

      (1) ENROLLMENT REQUIREMENTS- A local educational agency shall be eligible for a grant under this subpart for any 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 —

        (A) was at least 10; or

        (B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency.

      (2) EXCLUSION- The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.

    (c) INDIAN TRIBES-

      (1) IN GENERAL- If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(4) for such grant, an Indian tribe that represents not less than 1/2 of the eligible Indian children who are served by such local educational agency may apply for such grant.

      (2) SPECIAL RULE- The Secretary shall treat each Indian tribe applying for a grant pursuant to paragraph (1) as if such Indian tribe were a local educational agency for purposes of this subpart, except that any such tribe is not subject to section 7114(c)(4), section 7118(c), or section 7119.

SEC. 7113. AMOUNT OF GRANTS.

    (a) AMOUNT OF GRANT AWARDS-

      (1) IN GENERAL- Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of —

        (A) the number of Indian children who are eligible under section 7117 and served by such agency; and

        (B) the greater of —

          (i) the average per pupil expenditure of the State in which such agency is located; or

          (ii) 80 percent of the average per pupil expenditure of all the States.

      (2) REDUCTION- The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e).

    (b) MINIMUM GRANT-

      (1) IN GENERAL- Notwithstanding subsection (e), an entity that is eligible for a grant under section 7112, and a school that is operated or supported by the Bureau of Indian Affairs that is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000.

      (2) CONSORTIA- Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart.

      (3) INCREASE- The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided.

    (c) DEFINITION- For the purpose of this section, the term average per pupil expenditure’, used with respect to a State, means an amount equal to —

      (1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by

      (2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.

    (d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS-

      (1) IN GENERAL- Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of —

        (A) the total number of Indian children enrolled in schools that are operated by —

          (i) the Bureau of Indian Affairs; or

          (ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988; and

        (B) the greater of —

          (i) the average per pupil expenditure of the State in which the school is located; or

          (ii) 80 percent of the average per pupil expenditure of all the States.

      (2) SPECIAL RULE- Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with section 7114, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to section 7114(c)(4), section 7118(c), or section 7119.

    (e) RATABLE REDUCTIONS- If the sums appropriated for any fiscal year under section 7152(a) are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced.

SEC. 7114. APPLICATIONS.

    (a) APPLICATION REQUIRED- Each local educational agency that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

    (b) COMPREHENSIVE PROGRAM REQUIRED- Each application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that —

      (1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of American Indian and Alaska Native students;

      (2)(A) is consistent with the State and local plans submitted under other provisions of this Act; and

      (B) includes academic content and student academic achievement goals for such children, and benchmarks for attaining such goals, that are based on the challenging State academic content and student academic achievement standards adopted under title I for all children;

      (3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs of such students;

      (4) demonstrates how funds made available under this subpart will be used for activities described in section 7115;

      (5) describes the professional development opportunities that will be provided, as needed, to ensure that —

        (A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and

        (B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs; and

      (6) describes how the local educational agency —

        (A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2);

        (B) will provide the results of each assessment referred to in subparagraph (A) to–

          (i) the committee described in subsection (c)(4); and

          (ii) the community served by the local educational agency; and

        (C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A).

    (c) ASSURANCES– Each application submitted under subsection (a) shall include assurances that–

      (1) the local educational agency will use funds received under this subpart only to supplement the funds that, in the absence of the Federal funds made available under this subpart, such agency would make available for the education of Indian children, and not to supplant such funds;

      (2) the local educational agency will prepare and submit to the Secretary such reports, in such form and containing such information, as the Secretary may require to—

        (A) carry out the functions of the Secretary under this subpart; and

        (B) determine the extent to which activities carried out with funds provided to the local educational agency under this subpart are effective in improving the educational achievement of Indian students served by such agency;

      (3) the program for which assistance is sought—

        (A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska Native students for whom the local educational agency is providing an education;

        (B) will use the best available talents and resources, including individuals from the Indian community; and

        (C) was developed by such agency in open consultation with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including through public hearings held by such agency to provide to the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; and

      (4) the local educational agency developed the program with the participation and written approval of a committee—

        (A) that is composed of, and selected by–

          (i) parents of Indian children in the local educational agency’s schools;

          (ii) teachers in the schools; and

          (iii) if appropriate, Indian students attending secondary schools of the agency;

        (B) a majority of whose members are parents of Indian children;

        (C) that has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served;

        (D) with respect to an application describing a schoolwide program in accordance with section 7115(c), that has—

          (i) reviewed in a timely fashion the program; and

          (ii) determined that the program will not diminish the availability of culturally related activities for American Indian and Alaska Native students; and

        (E) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws.

SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

    (a) GENERAL REQUIREMENTS- Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 7111, for services and activities that —

      (1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 7114(a);

      (2) are designed with special regard for the language and cultural needs of the Indian students; and

      (3) supplement and enrich the regular school program of such agency.

    (b) PARTICULAR ACTIVITIES- The services and activities referred to in subsection (a) may include —

      (1) culturally related activities that support the program described in the application submitted by the local educational agency;

      (2) early childhood and family programs that emphasize school readiness;

      (3) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic content and student academic achievement standards;

      (4) integrated educational services in combination with other programs that meet the needs of Indian children and their families;

      (5) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Vocational and Technical Education Act of 1998, including programs for tech-prep education, mentoring, and apprenticeship;

      (6) activities to educate individuals concerning substance abuse and to prevent substance abuse;

      (7) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 7111;

      (8) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency;

      (9) activities that incorporate American Indian and Alaska Native specific curriculum content, consistent with State standards, into the curriculum used by the local educational agency;

      (10) family literacy services; and

      (11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors.

    (c) SCHOOLWIDE PROGRAMS- Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if —

      (1) the committee established pursuant to section 7114(c)(4) approves the use of the funds for the schoolwide program; and

      (2) the schoolwide program is consistent with the purpose described in section 7111.

    (d) LIMITATION ON ADMINISTRATIVE COSTS- Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes.

SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

    (a) PLAN- An entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and related services provided to Indian students.

    (b) CONSOLIDATION OF PROGRAMS- Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions.

    (c) PROGRAMS AFFECTED- The funds that may be consolidated in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any Federal program to exclusively serve Indian children, under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related services that would be used to serve Indian students.

    (d) PLAN REQUIREMENTS- For a plan to be acceptable pursuant to subsection (b), the plan shall —

      (1) identify the programs or funding sources to be consolidated;

      (2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project;

      (3) describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this subpart;

      (4) describe the way in which services are to be integrated and delivered and the results expected from the plan;

      (5) identify the projected expenditures under the plan in a single budget;

      (6) identify the State, tribal, or local agency or agencies to be involved in the delivery of the services integrated under the plan;

      (7) identify any statutory provisions, regulations, policies, or procedures that the entity believes need to be waived in order to implement the plan;

      (8) set forth measures for academic content and student academic achievement goals designed to be met within a specific period of time; and

      (9) be approved by a committee formed in accordance with section 7114(c)(4), if such a committee exists.

    (e) PLAN REVIEW- Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan, and with the entity submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this subpart or those provisions of the statute from which the program involved derives authority that are specifically applicable to Indian students.

    (f) PLAN APPROVAL- Within 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, in writing, of the Secretary’s approval or disapproval of the plan. If the plan is disapproved, the entity shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the Secretary to reconsider such disapproval.

    (g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION- Not later than 180 days after the date of enactment of the No Child Left Behind Act of 2001, the Secretary of Education, the Secretary of the Interior, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this section shall be —

      (1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978; or

      (2) the Secretary of Education, in the case of any other entity.

    (h) RESPONSIBILITIES OF LEAD AGENCY- The responsibilities of the lead agency shall include —

      (1) the use of a single report format related to the plan for the individual project, which shall be used by an eligible entity to report on the activities undertaken under the project;

      (2) the use of a single report format related to the projected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures;

      (3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and

      (4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider.

    (i) REPORT REQUIREMENTS- A single report format shall be developed by the Secretary, consistent with the requirements of this section. Such report format shall require that reports described in subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan, including making a demonstration of student academic achievement, and will provide assurances to each Secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived.

    (j) NO REDUCTION IN AMOUNTS- In no case shall the amount of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section.

    (k) INTERAGENCY FUND TRANSFERS AUTHORIZED- The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section.

    (l) ADMINISTRATION OF FUNDS-

      (1) IN GENERAL- Program funds for the consolidated programs shall be administered in such a manner as to allow for a determination that funds from a specific program are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds granted that shall be allocated to such program.

      (2) SEPARATE RECORDS NOT REQUIRED- Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activities, nor shall the eligible entity be required to allocate expenditures among such individual programs.

    (m) OVERAGE- The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled to the full amount of such funds (under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and the actual administrative cost of the programs) shall be considered to be properly spent for Federal audit purposes, if the overage is used for the purposes provided for under this section.

    (n) FISCAL ACCOUNTABILITY- Nothing in this part shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code.

    (o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION-

      (1) PRELIMINARY REPORT- Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2001, the Secretary of Education shall submit a preliminary report to the Committee on Education and the Workforce 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 status of the implementation of the demonstration projects authorized under this section.

      (2) FINAL REPORT- Not later than 5 years after the date of enactment of the No Child Left Behind Act of 2001, the Secretary of Education shall submit a report to the Committee on Education and the Workforce 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.

    (p) DEFINITIONS- For the purposes of this section, the term Secretary’ means —

      (1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978; or

      (2) the Secretary of Education, in the case of any other entity.

SEC. 7117. STUDENT ELIGIBILITY FORMS.

    (a) IN GENERAL- The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b).

    (b) FORMS- The form described in subsection (a) shall include —

      (1) either —

        (A)(i) the name of the tribe or band of Indians (as defined in section 7151) with respect to which the child claims membership;

        (ii) the enrollment number establishing the membership of the child (if readily available); and

        (iii) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or

        (B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of Indians (as so defined);

      (2) a statement of whether the tribe or band of Indians (as so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized;

      (3) the name and address of the parent or legal guardian of the child;

      (4) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; and

      (5) any other information that the Secretary considers necessary to provide an accurate program profile.

    (c) STATUTORY CONSTRUCTION- Nothing in this section shall be construed to affect a definition contained in section 7151.

    (d) FORMS AND STANDARDS OF PROOF- The forms and the standards of proof (including the standard of good faith compliance) that were in use during the 1985-86 academic year to establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms and standards of proof used —

      (1) to establish eligibility under this subpart; and

      (2) to meet the requirements of subsection (a).

    (e) DOCUMENTATION- For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number.

    (f) MONITORING AND EVALUATION REVIEW-

      (1) IN GENERAL-

        (A) REVIEW- For each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency.

        (B) EXCEPTION- A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act.

      (2) FALSE INFORMATION- Any local educational agency that provides false information in an application for a grant under this subpart shall —

        (A) be ineligible to apply for any other grant under this subpart; and

        (B) be liable to the United States for any funds from the grant that have not been expended.

      (3) EXCLUDED CHILDREN- A student who provides false information for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 7113.

    (g) TRIBAL GRANT AND CONTRACT SCHOOLS- Notwithstanding any other provision of this section, in calculating the amount of a grant under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Affairs, the Secretary shall use only one of the following, as selected by the school:

      (1) A count of the number of students in the schools certified by the Bureau.

      (2) A count of the number of students for whom the school has eligibility forms that comply with this section.

    (h) TIMING OF CHILD COUNTS- For purposes of determining the number of children to be counted in calculating the amount of a local educational agency’s grant under this subpart (other than in the case described in subsection (g)(1)), the local educational agency shall —

      (1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under section 7114; and

      (2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be.

SEC. 7118. PAYMENTS.

    (a) IN GENERAL- Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7113. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.

    (b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE- The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year.

    (c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT-

      (1) IN GENERAL- The Secretary may not pay a local educational agency the full amount of a grant award determined under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education by the local educational agency for the preceding fiscal year, the combined fiscal effort of the local educational agency and the State, computed on either a per student or aggregate expenditure basis, was not less than 90 percent of the amount of the combined fiscal effort, computed on the same basis, for the second preceding fiscal year.

      (2) FAILURE TO MAINTAIN EFFORT- If, for the preceding fiscal year, the Secretary determines that a local educational agency and State failed to maintain the combined fiscal effort for such agency at the level specified in paragraph (1), the Secretary shall —

        (A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the exact proportion of the failure to maintain the fiscal effort at such level; and

        (B) not use the reduced amount of the agency and State expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1).

      (3) WAIVER-

        (A) IN GENERAL- The Secretary may waive the requirement of paragraph (1) for a local educational agency, for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency’s financial resources.

        (B) FUTURE DETERMINATIONS- The Secretary shall not use the reduced amount of the agency’s expenditures for the fiscal year preceding the fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1) in the absence of the waiver.

    (d) REALLOCATIONS- The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that —

      (1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or

      (2) otherwise become available for reallocation under this subpart.

SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.

    Before submitting an application to the Secretary under section 7114, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond.


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