Tag Archives: No Child Left Behind

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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Title VI Indian, Native Hawaiian, and Alaska Native Education










PART A—INDIAN EDUCATION

SEC. 6101. [20 U.S.C. 7401] STATEMENT OF POLICY.

It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children. It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children.

SEC. 6102. [20 U.S.C. 7402] PURPOSE.

It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities—

  1. to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards;

  2. to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and

  3. to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students.

Subpart 1—Formula Grants to Local Educational Agencies

SEC. 6111. [20 U.S.C. 7421] PURPOSE.

It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are designed to−

    1. meet the unique cultural, language, and educational needs of such students; and

    2. ensure that all students meet the challenging State academic standards.

SEC. 6112. [20 U.S.C. 7422] GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

  1. IN GENERAL.—The Secretary may make grants, from allocations made under section 6113, and in accordance with this section and section 6113, to—

    1. local educational agencies;

    2. Indian tribes, as provided under subsection (c)(1);

    3. Indian organizations, as provided under subsection (c)(1);

    4. consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable—

      1. provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and

      2. is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and

    5. Indian community-based organizations, as provided under subsection (d)(1).

  2. LOCAL EDUCATIONAL AGENCIES.—

    1. ENROLLMENT REQUIREMENTS.—Subject to paragraph (2), 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 6117 who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year—

      1. was at least 10; or

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

    2. COOPERATIVE AGREEMENTS.—A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe—

      1. represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and

      2. requests that the local educational agency enter into a cooperative agreement under this subpart.

    3. 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.

  3. INDIAN TRIBES AND INDIAN ORGANIZATIONS.—

    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 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant.

    2. SPECIAL RULE.—

      1. IN GENERAL.—The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart.

      2. EXCEPTIONS.—Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119.

    3. ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency.

  4. Indian community-based organization
    1. In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant.
    2. Applicability of special rule The Secretary shall apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that subsection.
    3. Definition of Indian community-based organization. In this subsection, the term “Indian community-based organization” means any organization that
      1. is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community;
      2. assists in the social, cultural, and educational development of Indians in such community;
      3. meets the unique cultural, language, and academic needs of Indian students; and
      4. demonstrates organizational and administrative capacity to manage the grant.

SEC. 6113. [20 U.S.C. 7423] AMOUNT OF GRANTS.

  1. 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—

      1. the number of Indian children who are eligible under section 6117 and served by such agency; and

      2. the greater of—

        1. the average per pupil expenditure of the State in which such agency is located; or

        2. 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).

  2. MINIMUM GRANT.—

    1. IN GENERAL.—Notwithstanding subsection (e), an entity that is eligible for a grant under section 6112, and a school that is operated or supported by the Bureau of Indian Education 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.

  3. 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.

  4. SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN EDUCATION.—

    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—

      1. the total number of Indian children enrolled in schools that are operated by—

        1. the Bureau of Indian Education; or

        2. 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

      2. the greater of—

        1. the average per pupil expenditure of the State in which the school is located; or

        2. 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 6114 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 6114(c)(4), section 6118(c), or section 6119.

  5. RATABLE REDUCTIONS.—If the sums appropriated for any fiscal year under 6152(a)[ 6 ] [ 24A ] 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. 6114. [20 U.S.C. 7424] APPLICATIONS.

  1. APPLICATION REQUIRED.—Each entity described in section 6112(a) 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.

  2. 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 Indian students;

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

      (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students;

      1. explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students;

      2. demonstrates how funds made available under this subpart will be used for activities described in section 6115;

      3. describes the professional development opportunities that will be provided, as needed, to ensure that—

        1. teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and

        2. all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs;

      4. describes how the local educational agency—

        1. 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);

        2. will provide the results of each assessment referred to in subparagraph (A) to—

          1. the committee described in subsection (c)(4);

          2. the community served by the local educational agency; and

          3. the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ”Family Educational Rights and Privacy Act of 1974”); and

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

      5. describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken as a result of such collaboration.

  3. 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 services described in this subsection, 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—

      1. carry out the functions of the Secretary under this subpart;

      2. 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, and meet program objectives and outcomes for activities under this subpart; and

      3. determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students;

    3. the program for which assistance is sought—

      1. is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the Indian students for whom the local educational agency is providing an education;

      2. will use the best available talents and resources, including individuals from the Indian community; and

      3. was developed by such agency in open consultation with parents of Indian children and teachers, representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school, Indian organizations, 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;

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

      1. that is composed of, and selected by—

        1. parents and family members of Indian children in the local educational agency’s schools;

        2. representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school;

        3. teachers in the schools; and

        4. if appropriate, Indian students attending secondary schools of the agency;

      2. a majority of whose members are parents and family members of Indian children;

      3. with respect to an application describing a schoolwide program in accordance with section 6115(c), that has—

        1. reviewed in a timely fashion the program;

        2. determined that the program will not diminish the availability of culturally related activities for Indian students; and

        3. determined that the program will directly enhance the educational experience of Indian students; and

      4. that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws;

    5. the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency;

    6. the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph;

    7. the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and

    8. the local educational agency 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 and family members of the children, and representatives of the area, to be served.

  1. TECHNICAL ASSISTANCE.—The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for—

    1. the development of applications under this subpart, including identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart;

    2. improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and

    3. integration of activities under this subpart with other educational activities carried out by the local educational agency.

SEC. 6115. [20 U.S.C. 7425] AUTHORIZED SERVICES AND ACTIVITIES.

  1. 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 6111, 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 6114(a) solely for the services and activities described in such application;

    2. are designed to be responsive to the language and cultural needs of the Indian students; and

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

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

    1. activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders;

    2. culturally related activities that support the program described in the application submitted by the local educational agency;

    3. early childhood and family programs that emphasize school readiness;

    4. enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards;

    5. integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement;

    6. career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), including programs for tech-prep education, mentoring,7 and apprenticeship;

    7. activities to educate individuals so as to prevent violence, suicide, and substance abuse;

    8. the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 6111;

    9. activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency;

    10. family literacy services;

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

    12. dropout prevention strategies for Indian students; and

    13. strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from such facilities to schools served by local educational agencies.

  3. 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 6114(c)(4) approves the use of the funds for the schoolwide program;

    2. the schoolwide program is consistent with the purpose described in section 6111; and

    3. the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program.

  4. 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.

  5. LIMITATION ON THE USE OF FUNDS.—Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or regionally.

SEC. 6116. [20 U.S.C. 7426] INTEGRATION OF SERVICES AUTHORIZED.

  1. 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.

  2. 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.

  3. 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.

  4. 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 6114(c)(4), if such a committee exists.

  5. 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.

  6. 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.

  7. RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not later than 180 days after the date of enactment of the Every Student Succeeds Act, the Secretary of Education, the Secretary of the Interior, the Secretary of Health and Human Services, 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 and coordination 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.

  8. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION

    1. PRELIMINARY REPORT.—Not later than 2 years after the date of enactment of the Every Student Succeeds Act, 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 Every Student Succeeds Act, 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.

  8. 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. 6117. [20 U.S.C. 7427] STUDENT ELIGIBILITY FORMS.

  1. 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). All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary.

  2. 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 6151) with respect to which the child claims membership;

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

      2. 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.

  3. STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect a definition contained in section 6151.

  4. DOCUMENTATION AND TYPES OF PROOF.—

    1. TYPES OF PROOF.—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 6113, 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.

    2. NO NEW OR DUPLICATIVE DETERMINATIONS.—Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart.

    3. PREVIOUSLY FILED FORMS.—An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Every Student Succeeds Act and that met the requirements of this section, as this section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student.

  5. MONITORING AND EVALUATION REVIEW.—

    1. IN GENERAL.—

      1. 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.

      2. 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—

      1. be ineligible to apply for any other grant under this subpart; and

      2. 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 6113.

  6. 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 Education, 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.

  7. 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 (f)(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 6114; 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. 6118. [20 U.S.C. 7428] PAYMENTS.

  1. 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 6113. 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.

  2. 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 [ 25A ] 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.

  3. REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT.—Each local educational agency shall maintain fiscal effort in accordance with section 8521 or be subject to reduced payments under this subpart in accordance with such section 8521.

  4. 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. 6119. [20 U.S.C. 7429] STATE EDUCATIONAL AGENCY REVIEW.

Before submitting an application to the Secretary under section 6114, 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.

Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children

SEC. 6121. [20 U.S.C. 7441] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.

  1. PURPOSE.—

    1. IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children and youth.

    2. COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted under this subpart with—

      1. other programs funded under this Act; and

      2. other Federal programs operated for the benefit of Indian children and youth.

  2. ELIGIBLE ENTITIES.—In this section, the term ”eligible entity” means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))), or a consortium of such entities.

  3. GRANTS AUTHORIZED.—The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including—

    1. innovative programs related to the educational needs of educationally disadvantaged Indian children and youth;

    2. educational services that are not available to such children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography;

    3. bilingual and bicultural programs and projects;

    4. special health and nutrition services, and other related activities, that address the special health, social, and psychological problems of Indian children and youth;

    5. special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth;

    6. comprehensive guidance, counseling, and testing services;

    7. early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities;

    8. partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education;

    9. partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career;

    10. programs designed to encourage and assist Indian students to work toward, and gain entrance into, institutions of higher education;

    11. family literacy services;

    12. activities that recognize and support the unique cultural and educational needs of Indian children and youth, and incorporate traditional leaders;

    13. high-quality professional development of teaching professionals and paraprofessionals; or

    14. other services that meet the purpose described in this section.

  4. GRANT REQUIREMENTS AND APPLICATIONS.—

    1. GRANT REQUIREMENTS.—

      1. IN GENERAL.—The Secretary may make multiyear grants under subsection (c) for the planning, development, pilot operation, or demonstration of any activity described in subsection (c) for a period not to exceed 5 years.

      2. PRIORITY.—In making multiyear grants described in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection (c) over a period of more than 1 year.

      3. PROGRESS.—The Secretary shall award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application submitted under paragraph (3) and any subsequent modifications to such application.

    2. DISSEMINATION GRANTS.—

      1. IN GENERAL.—In addition to awarding the multiyear grants described in paragraph (1), the Secretary may award grants under subsection (c) to eligible entities for the dissemination of exemplary materials or programs assisted under this section.

      2. DETERMINATION.—The Secretary may award a dissemination grant described in this paragraph if, prior to awarding the grant, the Secretary determines that the material or program to be disseminated—

        1. has been adequately reviewed;

        2. has demonstrated educational merit; and

        3. can be replicated.

    3. APPLICATION.—

      1. IN GENERAL.—Any eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.

      2. CONTENTS.—Each application submitted to the Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall contain—

        1. a description of how parents and family of Indian children and representatives of Indian tribes have been, and will be, involved in developing and implementing the activities for which assistance is sought;

        2. assurances that the applicant will participate, at the request of the Secretary, in any national evaluation of activities assisted under this section;

        3. information demonstrating that the proposed program is an evidence-based program, where applicable, which may include a program that has been modified to be culturally appropriate for students who will be served;

        4. a description of how the applicant will incorporate the proposed activities into the ongoing school program involved once the grant period is over; and

        5. such other assurances and information as the Secretary may reasonably require.

  5. 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. 6122. [20 U.S.C. 7442] PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS.

  1. PURPOSES.—The purposes of this section are—

    1. to increase the number of qualified Indian teachers and administrators serving Indian students;

    2. to provide pre and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;

    3. to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2); and

    4. to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and preparation for postsecondary education or employment.

  2. ELIGIBLE ENTITIES.—For the purpose of this section, the term ”eligible entity” means—

    1. an institution of higher education, including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b));

    2. a State educational agency or local educational agency, in consortium with an institution of higher education;

    3. an Indian tribe or organization, in consortium with an institution of higher education; and

    4. a Bureau-funded school (as defined in section 1146 of the Education Amendments of 1978) in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), where feasible.

  3. PROGRAM AUTHORIZED.—The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d).

  4. AUTHORIZED ACTIVITIES.—

    1. IN GENERAL.—Grant funds under this section shall be used for activities to provide support and training for Indian individuals in a manner consistent with the purpose of this section. Such activities may include—

      1. continuing education programs, symposia, workshops, and conferences;

      2. teacher mentoring programs, professional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers;

      3. direct financial support; and

      4. programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support.

    2. SPECIAL RULES.—

      1. TYPE OF TRAINING.—For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training.

      2. PROGRAM.—For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree.

  5. APPLICATION.—Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will—

    1. recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders;

    2. use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and

    3. assist participants in meeting the requirements under subsection (h).

  6. SPECIAL RULE.—In awarding grants under this section, the Secretary—

    1. may give priority to Tribal Colleges and Universities;

    2. shall consider the prior performance of the eligible entity; and

    3. may not limit eligibility to receive a grant under this section on the basis of the length of any period for which the eligible entity has received a grant.

  7. GRANT PERIOD.—The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant.

  8. SERVICE OBLIGATION.—

    1. IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section—

      1. perform work—

        1. related to the training received under this section; and

        2. that benefits Indian students in a local educational agency that serves a high proportion of Indian students; or

      2. repay all or a prorated part of the assistance received.

    2. REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1).

Subpart 3—National Activities

SEC. 6131. [20 U.S.C. 7451] NATIONAL RESEARCH ACTIVITIES.

  1. AUTHORIZED ACTIVITIES.—The Secretary may use funds made available to carry out this subpart for each fiscal year to—

    1. conduct research related to effective approaches for the education of Indian children and adults;

    2. evaluate federally assisted education programs from which Indian children and adults may benefit;

    3. collect and analyze data on the educational status and needs of Indians; and

    4. carry out other activities that are consistent with the purpose of this part.

  2. ELIGIBILITY.—The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and institutions.

  3. COORDINATION.—Research activities supported under this section—

    1. shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and

    2. may include collaborative research activities that are jointly funded and carried out by the Office of Indian Education Programs, the Bureau of Indian Education, and the Institute of Education Sciences.

SEC. 6132. [20 U.S.C. 7452] GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING, DEVELOPMENT, AND COORDINATION.

  1. IN GENERAL.—The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to—

    1. promote tribal self-determination in education;

    2. improve the academic achievement of Indian children and youth; and

    3. promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students.

  2. DEFINITIONS.—In this section:

    1. ELIGIBLE APPLICANT.—In this section, the term ”eligible applicant” means—

      1. an Indian tribe or tribal organization approved by an Indian tribe; or

      2. a tribal educational agency.

    2. INDIAN TRIBE.—The term ”Indian tribe” means a federally recognized tribe or a State-recognized tribe.

    3. TRIBAL EDUCATIONAL AGENCY.—The term ”tribal educational agency” means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education.

  3. GRANT PROGRAM.—The Secretary may award grants to—

    1. eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and

    2. eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to—

      1. directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties;

      2. build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe;

      3. receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed;

      4. train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture;

      5. build on existing activities or resources rather than replacing other funds; and

      6. carry out other activities, consistent with the purposes of this section.

  4. GRANT APPLICATION.—

    1. IN GENERAL.—Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably prescribe.

    2. CONTENTS.—Each application described in paragraph

      1. shall contain—

        1. a statement describing the activities to be conducted, and the objectives to be achieved, under the grant;

        2. a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and

        3. for applications for activities under subsection (c)(2), evidence of—

          1. a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and

          2. existing capacity as a tribal educational agency.

    1. APPROVAL.—The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application—

      1. demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant;

      2. provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and

      3. demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought.

  5. RESTRICTIONS.—

    1. IN GENERAL.—An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020). [ 26A ]

    2. DIRECT SERVICES.—No funds under this section may be used to provide direct services.

  6. SUPPLEMENT, NOT SUPPLANT.—Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students.

SEC. 6133. [20 U.S.C. 7453] NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS AND PROGRAMS.

  1. PURPOSES.—The purposes of this section are—

    1. to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction;

    2. to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.); and

    3. to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes within Native American and Alaska Native communities.

  2. PROGRAM AUTHORIZED.—

    1. IN GENERAL.—From funds reserved under section 6152(c), the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction.

    2. ELIGIBLE ENTITIES.—In this subsection, the term ”eligible entity” means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruction in elementary schools or secondary schools, or both:

      1. An Indian tribe.

      2. A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).

      3. A tribal education agency.

      4. A local educational agency, including a public charter school that is a local educational agency under State law.

      5. A school operated by the Bureau of Indian Education.

      6. An Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))).

      7. A private, tribal, or Alaska Native nonprofit organization.

      8. A nontribal for-profit organization.

  3. APPLICATION.—

    1. IN GENERAL.—An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including the following:

      1. The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity.

      2. The number of students attending such school.

      3. The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any.

      4. A description of how the eligible entity will—

        1. use the funds provided to meet the purposes of this section;

        2. implement the activities described in subsection (e);

        3. ensure the implementation of rigorous academic content; and

        4. ensure that students progress toward high-level fluency goals.

      5. Information regarding the school’s organizational governance or affiliations, including information about—

        1. the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or other governing entity);

        2. the school’s accreditation status;

        3. any partnerships with institutions of higher education; and

        4. any indigenous language schooling and research cooperatives.

      6. An assurance that—

        1. the school is engaged in meeting State or tribally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law;

        2. the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible;

        3. the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and

        4. the school will collect and report to the public data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the school’s programs.

    2. LIMITATION.—The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E).

    3. SUBMISSION OF CERTIFICATION.—

      1. IN GENERAL.—An eligible entity that is a public elementary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a nontribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that—

        1. the school or organization has the capacity to provide education primarily through a Native American or an Alaska Native language; and

        2. there are sufficient speakers of the target language at the school or available to be hired by the school or organization.

      2. CERTIFICATION.—The certification described in subparagraph (A) shall be from one of the following entities, on whose land the school or program is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school:

        1. A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20

          U.S.C. 1059c)).

        2. A Federally recognized Indian tribe or tribal organization.

        3. An Alaska Native Regional Corporation or an Alaska Native nonprofit organization.

        4. A Native Hawaiian organization.

  4. AWARDING OF GRANTS.—In awarding grants under this section, the Secretary shall—

    1. determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and

    2. ensure, to the maximum extent feasible, that diversity in languages is represented.

  5. ACTIVITIES AUTHORIZED.—

    1. REQUIRED ACTIVITIES.—An eligible entity that receives a grant under this section shall use such funds to carry out the following activities:

      1. Supporting Native American or Alaska Native language education and development.

      2. Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program.

    2. ALLOWABLE ACTIVITIES.—An eligible entity that receives a grant under this section may use such funds to carry out the following activities:

      1. Developing or refining curriculum, including teaching materials and activities, as appropriate.

      2. Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards.

      3. Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program.

  6. REPORT TO SECRETARY.—Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include—

    1. the activities the entity carried out to meet the purposes of this section; and

    2. the number of children served by the program and the number of instructional hours in the Native American or Alaska Native language.

  7. ADMINISTRATIVE COSTS.—Not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes.

Subpart 4—Federal Administration

SEC. 6141. [20 U.S.C. 7471] NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

  1. MEMBERSHIP.—There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the ”Council”), which shall—

    1. consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and

    2. represent different geographic areas of the United States.

  2. DUTIES.—The Council shall—

    1. advise the Secretary and the Secretary of the Interior concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part—

      1. with respect to which the Secretary has jurisdiction; and

        (B)(i) that includes Indian children or adults as participants; or

        (ii) that may benefit Indian children or adults;

    2. make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and

    3. submit to Congress, not later than June 30 of each year, a report on the activities of the Council, including—

      1. any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

      2. recommendations concerning the funding of any program described in subparagraph (A).

SEC. 6142. [20 U.S.C. 7472] PEER REVIEW.

The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3.

SEC. 6143. [20 U.S.C. 7473] PREFERENCE FOR INDIAN APPLICANTS.

In making grants and entering into contracts or cooperative agreements under subpart 2 or subpart 3, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants, contracts, or cooperative agreements.

SEC. 6144. [20 U.S.C. 7474] MINIMUM GRANT CRITERIA.

The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless the application is for a grant, contract, or cooperative agreement that is—

  1. of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and

  2. based on relevant research findings.

Subpart 5—Definitions; Authorizations of Appropriations

SEC. 6151. [20 U.S.C. 7491] DEFINITIONS.

For the purposes of this part:

    1. ADULT.—The term ”adult” means an individual who—

      1. has attained the age of 16 years; or

      2. has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

    2. FREE PUBLIC EDUCATION.—The term ”free public education” means education that is—

      1. provided at public expense, under public supervision and direction, and without tuition charge; and

      2. provided as elementary or secondary education in the applicable State or to preschool children.

    3. INDIAN.—The term ”Indian” means an individual who is

            1. a member of an Indian tribe or band, as membership is defined by the tribe or band, including—

              1. any tribe or band terminated since 1940; and

              2. any tribe or band recognized by the State in which the tribe or band resides;

            2. a descendant, in the first or second degree, of an individual described in subparagraph (A);

            3. considered by the Secretary of the Interior to be an Indian for any purpose;

            4. an Eskimo, Aleut, or other Alaska Native; or

            5. a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding the date of enactment of the Improving America’s Schools Act of 1994.

    4. TRADITIONAL LEADERS.—The term ”traditional leaders” has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).

SEC. 6152. [20 U.S.C. 7492] AUTHORIZATIONS OF APPROPRIATIONS.

  1. SUBPART 1.—For the purpose of carrying out subpart 1, there are authorized to be appropriated $100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal year 2020.

  2. SUBPART 2.—For the purpose of carrying out subpart 2, there are authorized to be appropriated $17,993,000 for each of fiscal years 2017 through 2020.

  3. SUBPART 3.—For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2017 through 2020.

PART B—NATIVE HAWAIIAN EDUCATION

SEC. 6201. [20 U.S.C. 7511] SHORT TITLE.

This part may be cited as the ”Native Hawaiian Education Act”.

SEC. 6202. [20 U.S.C. 7512] FINDINGS.

Congress finds the following:

  1. Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation.

  2. At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion.

  3. A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii.

  4. From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawaii, which was established in 1810 under Kamehameha I, extended full and complete diplomatic recognition to the Kingdom of Hawaii, and entered into treaties and conventions with the Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.

  5. In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993 the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians to self-determination through Public Law 103–150 (107 Stat. 1510).

  6. In 1898, the joint resolution entitled ”Joint Resolution to provide for annexing the Hawaiian Islands to the United States”, approved July 7, 1898 (30 Stat. 750), ceded absolute title of all lands held by the Republic of Hawaii, including the government and crown lands of the former Kingdom of Hawaii, to the United States, but mandated that revenue generated from the lands be used ”solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes”.

  7. By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 22,600, and in recognition of this severe decline, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which designated approximately 200,000 acres of ceded public lands for homesteading by Native Hawaiians.

  8. Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians, which was described by then Secretary of the Interior Franklin K. Lane, who said: ”One thing that impressed me… was the fact that the natives of the island who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.”.

  9. In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a provision to lease lands within the National Parks extension to Native Hawaiians and to permit fishing in the area ”only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.”.

  10. Under the Act entitled ”An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 4), the United States transferred responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by retaining the exclusive power to enforce the trust, including the power to approve land exchanges and amendments to such Act affecting the rights of beneficiaries under such Act.

  11. In 1959, under the Act entitled ”An Act to provide for the admission of the State of Hawaii into the Union”, the United States also ceded to the State of Hawaii title to the public lands formerly held by the United States, but mandated that such lands be held by the State ”in public trust” and reaffirmed the special relationship that existed between the United States and the Hawaiian people by retaining the legal responsibility to enforce the public trust responsibility of the State of Hawaii for the betterment of the conditions of Native Hawaiians, as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920.

  12. The United States has recognized and reaffirmed that—

    1. Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands;

    2. Congress does not extend services to Native Hawaiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust relationship;

    3. Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii;

    4. the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and

    5. the aboriginal, indigenous people of the United States have—

      1. a continuing right to autonomy in their internal affairs; and

      2. an ongoing right of self-determination and self-governance that has never been extinguished.

  13. The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in—

    1. the Native American Programs Act of 1974 (42

      U.S.C. 2991 et seq.);

    2. the American Indian Religious Freedom Act (42

      U.S.C. 1996);

    3. the National Museum of the American Indian Act (20 U.S.C. 80q et seq.);

    4. the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

    5. division A of subtitle III of title 54, United States Code;

    6. the Native American Languages Act (25 U.S.C. 2901 et seq.);

    7. the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);

    8. the Workforce Innovation and Opportunity Act; and

    9. the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).

SEC. 6203. [20 U.S.C. 7513] PURPOSES.

The purposes of this part are to—

    1. authorize and develop innovative educational programs to assist Native Hawaiians;

    2. provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, and to provide periodic assessment and data collection;

    3. supplement and expand programs and authorities in the area of education to further the purposes of this title; and

    4. encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.

SEC. 6204. [20 U.S.C. 7514] NATIVE HAWAIIAN EDUCATION COUNCIL.

  1. GRANT AUTHORIZED.—In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b).

  2. EDUCATION COUNCIL.—

    1. ELIGIBILITY.—To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the ”Education Council”) that meets the requirements of this subsection.

    2. COMPOSITION.—The Education Council shall consist of 15 members, of whom—

      1. 1 shall be the President of the University of Hawaii (or a designee);

      2. 1 shall be the Governor of the State of Hawaii (or a designee);

      3. 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee);

      4. 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);

      5. 1 shall be the executive director of Hawaii’s Charter School Network (or a designee);

      6. 1 shall be the chief executive officer of the Kamehameha Schools (or a designee);

      7. 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);

      8. 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is submitted to the Secretary by the Education Council;

      9. 1 shall be the Mayor of the County of Hawaii (or a designee);

      10. 1 shall be the Mayor of Maui County (or a designee from the Island of Maui);

      11. 1 shall be the Mayor of the County of Kauai (or a designee);

      12. 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County;

      13. 1 shall be the Mayor of the City and County of Honolulu (or a designee);

      14. 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and

      15. 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector).

    3. REQUIREMENTS.—Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.

    4. LIMITATION.—A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part.

    5. TERM OF MEMBERS.—A member who is a designee shall serve for a term of not more than 4 years.

    6. CHAIR; VICE CHAIR.—

      1. SELECTION.—The Education Council shall select a Chairperson and a Vice Chairperson from among the members of the Education Council.

      2. TERM LIMITS.—The Chairperson and Vice Chairperson shall each serve for a 2-year term.

    7. ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION COUNCIL.—The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days.

    8. NO COMPENSATION.—None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section.

  3. USE OF FUNDS FOR COORDINATION ACTIVITIES.—The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities:

    1. Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part.

    2. Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education.

    3. Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity.

    4. Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3).

    5. Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d).

  4. USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Education Council shall use funds made available through a grant under subsection (a) to—

    1. provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part;

    2. obtain from such grantees information and data regarding grants awarded under this part, including information and data about—

      1. the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and

      2. the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 6205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes;

    3. assess and define the educational needs of Native Hawaiians;

    4. assess the programs and services available to address the educational needs of Native Hawaiians;

    5. assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and

    6. prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains—

      1. a description of the activities of the Education Council during the calendar year;

      2. a description of significant barriers to achieving the goals of this part;

      3. a summary of each community consultation session described in subsection (e); and

      4. recommendations to establish priorities for funding under this part, based on an assessment of—

        1. the educational needs of Native Hawaiians;

        2. programs and services available to address such needs;

        3. the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and

        4. priorities for funding in specific geographic communities.

  5. USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available through the grant

    under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—

    1. not fewer than 3 members of the Education Council shall be in attendance;

    2. the Education Council shall gather community input regarding—

      1. current grantees under this part, as of the date of the consultation;

      2. priorities and needs of Native Hawaiians; and

      3. other Native Hawaiian education issues; and

    3. the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part.

  6. FUNDING.—For each fiscal year, the Secretary shall use the amount described in section 6205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended.

SEC. 6205. [20 U.S.C. 7515] PROGRAM AUTHORIZED.

  1. GENERAL AUTHORITY.—

    1. GRANTS AND CONTRACTS.—The Secretary is authorized to make direct grants to, or enter into contracts with—

      1. Native Hawaiian educational organizations;

      2. Native Hawaiian community-based organizations;

      3. public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language;

      4. charter schools; and

      5. consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C), to carry out programs that meet the purposes of this part.

    2. PRIORITIES.—In awarding grants or contracts to carry out activities described in paragraph (3), the Secretary shall give priority to entities proposing projects that are designed to address—

      1. beginning reading and literacy among students in kindergarten through third grade;

      2. the needs of at-risk children and youth;

      3. needs in fields or disciplines in which Native Hawaiians are underemployed; and

      4. the use of the Hawaiian language in instruction.

    3. AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include—

      1. the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children from the prenatal period of the children through age 5;

      2. the operation of family-based education centers that provide such services as—

        1. programs for Native Hawaiian parents and their infants from the prenatal period of the infants through age 3;

        2. preschool programs for Native Hawaiians; and

        3. research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians;

      3. activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6;

      4. activities to meet the special needs of Native Hawaiian students with disabilities, including—

        1. the identification of such students and their needs;

        2. the provision of support services to the families of such students; and

        3. other activities consistent with the requirements of the Individuals with Disabilities Education Act;

      5. activities that address the special needs of Native Hawaiian students who are gifted and talented, including—

        1. educational, psychological, and developmental activities designed to assist in the educational progress of those students; and

        2. activities that involve the parents of those students in a manner designed to assist in the educational progress of such students;

      6. the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;

      7. professional development activities for educators, including—

        1. the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions;

        2. in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and

        3. the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers;

      8. the operation of community-based learning centers that address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and private programs and services, including—

        1. early childhood education programs;

        2. before, after, and summer school programs, expanded learning time, or weekend academies;

        3. career and technical education programs; and

        4. programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;

      1. activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including—

        1. family literacy services; and

        2. counseling, guidance, and support services for students;

      1. research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults;

      2. other research and evaluation activities related to programs carried out under this part; and

      3. other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults.

  2. ADMINISTRATIVE COSTS.—Not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes.

  3. AUTHORIZATION OF APPROPRIATIONS.—

    1. IN GENERAL.—There are authorized to be appropriated to carry out this section and section 6204 $32,397,000 for each of fiscal years 2017 through 2020.

    2. RESERVATION.—Of the funds appropriated under this subsection, the Secretary shall reserve $500,000 for each of fiscal years 2017 through 2020 to make a direct grant to the Education Council to carry out section 6204.

    3. AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.

SEC. 6206. [20 U.S.C. 7516] ADMINISTRATIVE PROVISIONS.

  1. APPLICATION REQUIRED.—No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part.

  2. SPECIAL RULE.—Each applicant for a grant or contract under this part shall submit the application for comment to the local educational agency serving students who will participate in the program to be carried out under the grant or contract, and include those comments, if any, with the application to the Secretary.

SEC. 6207. [20 U.S.C. 7517] DEFINITIONS.

In this part:

  1. COMMUNITY CONSULTATION.—The term ”community consultation” means a public gathering—

    1. to discuss Native Hawaiian education concerns; and

    2. about which the public has been given not less than 30 days notice.

  2. NATIVE HAWAIIAN.—The term ”Native Hawaiian” means any individual who is—

    1. a citizen of the United States; and

    2. a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—

      1. genealogical records;

      2. Kupuna (elders) or Kamaaina (long-term community residents) verification; or

      3. certified birth records.

  3. NATIVE HAWAIIAN COMMUNITYBASED ORGANIZATION.— The term ”Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.

  4. NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The term ”Native Hawaiian educational organization” means a private nonprofit organization that—

    1. serves the interests of Native Hawaiians;

    2. has Native Hawaiians in substantive and policymaking positions within the organization;

    3. incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;

    4. has demonstrated expertise in the education of Native Hawaiian youth; and

    5. has demonstrated expertise in research and program development.

  5. NATIVE HAWAIIAN LANGUAGE.—The term ”Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.

  6. NATIVE HAWAIIAN ORGANIZATION.—The term ”Native Hawaiian organization” means a private nonprofit organization that—

    1. serves the interests of Native Hawaiians;

    2. has Native Hawaiians in substantive and policymaking positions within the organization; and

    3. is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians.

  7. OFFICE OF HAWAIIAN AFFAIRS.—The term ”Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

PART C—ALASKA NATIVE EDUCATION

SEC. 6301. [20 U.S.C. 7541] SHORT TITLE.

This part may be cited as the ”Alaska Native Educational Equity, Support, and Assistance Act”.

SEC. 6302. [20 U.S.C. 7542] FINDINGS.

Congress finds and declares the following:

    1. It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.

    2. Many Alaska Native children enter and exit school with serious educational disadvantages.

    3. Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continue, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests.

    4. The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students.

    5. Improving educational outcomes for Alaska Native students increases access to employment opportunities.

    6. The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63, Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Natives.

SEC. 6303. [20 U.S.C. 7543] PURPOSES.

The purposes of this part are as follows:

    1. To recognize and address the unique educational needs of Alaska Natives.

    2. To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students.

    3. To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming.

    4. To authorize the development, management, and expansion of effective supplemental educational programs to benefit Alaska Natives.

    5. To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives.

    6. To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, implementation, management, and evaluation of programs designed to serve Alaska Native students.

SEC. 6304. [20 U.S.C. 7544] PROGRAM AUTHORIZED.

  1. GENERAL AUTHORITY.—

    1. GRANTS AND CONTRACTS.—The Secretary is authorized to make grants to, or enter into contracts with—

      1. Alaska Native organizations with experience operating programs that fulfill the purposes of this part;

      2. Alaska Native organizations that do not have the experience described in subparagraph (A) but are in partnership with—

        1. a State educational agency or a local educational agency; or

        2. an Alaska Native organization that operates a program that fulfills the purposes of this part;

      3. an entity located in Alaska, and predominately governed by Alaska Natives, that does not meet the definition of an Alaska Native organization under this part but—

        1. has experience operating programs that fulfill the purposes of this part; and

        2. is granted an official charter or sanction, as described in the definition of a tribal organization under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), from at least one Alaska Native tribe or Alaska Native organization to carry out programs that meet the purposes of this part.

    2. MANDATORY ACTIVITIES.—Activities provided through the programs carried out under this part shall include the following:

      1. The development and implementation of plans, methods, strategies, and activities to improve the educational outcomes of Alaska Natives.

      2. The collection of data to assist in the evaluation of the programs carried out under this part.

    3. PERMISSIBLE ACTIVITIES.—Activities provided through programs carried out under this part may include the following:

      1. The development of curricula and programs that address the educational needs of Alaska Native students, including the following:

        1. Curriculum materials that are culturally informed and reflect the cultural diversity, languages, history, or the contributions of Alaska Native people, including curricula intended to preserve and promote Alaska Native culture.

        2. Instructional programs that make use of Alaska Native languages and cultures.

        3. Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools.

      2. Training and professional development activities for educators, including the following:

        1. Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for, and understanding of, Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and improve the teaching methods of educators.

        2. Recruitment and preparation of Alaska Native teachers.

        3. Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents.

      3. Early childhood and parenting education activities designed to improve the school readiness of Alaska Native children, including—

        1. the development and operation of home visiting programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s education from the earliest ages;

        2. training, education, and support, including in-home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development, reading readiness, observation, storytelling, and critical thinking);

        3. family literacy services;

        4. activities carried out under the Head Start Act (42 U.S.C. 9831 et seq.);

        5. programs for parents and their infants, from the prenatal period of the infant through age 3;

        6. early childhood education programs; and

        7. native language immersion within early childhood education programs, Head Start, or preschool programs.

      4. The development and operation of student enrichment programs, including programs in science, technology, engineering, and mathematics that—

        1. are designed to prepare Alaska Native students to excel in such subjects;

        2. provide appropriate support services to enable such students to benefit from the programs; and

        3. include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers.

      5. Research and data collection activities to determine the educational status and needs of Alaska Native children and adults and other such research and evaluation activities related to programs funded under this part.

      6. Activities designed to enable Alaska Native students served under this part to meet the challenging State academic standards or increase the graduation rates of Alaska Native students, such as—

        1. remedial and enrichment programs;

        2. culturally based education programs, such as—

          1. programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Natives among Alaska Native youth and elders, non-Native students and teachers, and the larger community;

          2. instructing Alaska Native youth in leadership, communication, and Alaska Native culture, arts, history, and languages;

          3. intergenerational learning and internship opportunities to Alaska Native youth and young adults;

          4. providing cultural immersion activities aimed at Alaska Native cultural preservation;

          5. native language instruction and immersion activities, including native language immersion nests or schools;

          6. school-within-a-school model programs;

            and

          7. preparation for postsecondary education

            and career planning; and

        3. comprehensive school or community-based support services, including services that—

          1. address family instability and trauma; and

          2. improve conditions for learning at home, in the community, and at school.

      7. Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to build mutual respect and understanding among participants.

      8. Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, use strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component.

      9. Strategies designed to increase the involvement of parents in their children’s education.

      10. Programs and strategies that increase connections between and among schools, families, and communities, including positive youth-adult relationships, to—

        1. promote the academic progress and positive development of Alaska Native children and youth; and

        2. improve conditions for learning at home, in the community, and at school.

      11. Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities.

      12. Support for the development and operational activities of regional vocational schools in rural areas of Alaska to provide students with necessary resources to prepare for skilled employment opportunities.

      13. Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity in Alaska Native students to promote their pursuit of and success in completing higher education or career training.

      14. Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults.

  2. AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $31,453,000 for each of fiscal years 2017 through 2020.

SEC. 6305. [20 U.S.C. 7545] ADMINISTRATIVE PROVISIONS.

Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes.

SEC. 6306. [20 U.S.C. 7546] DEFINITIONS.

In this part:

  1. ALASKA NATIVE.—The term ”Alaska Native” has the same meaning as the term ”Native” has in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) and includes the descendants of individuals so defined.

  2. ALASKA NATIVE ORGANIZATION.—The term ”Alaska Native organization” means an organization that has or commits to acquire expertise in the education of Alaska Natives and is—

    1. an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25

      U.S.C. 450b), that is an Indian tribe located in Alaska;

    2. a ”tribal organization”, as defined in section 4 of such Act (25 U.S.C. 450b), that is a tribal organization located in Alaska; or

    3. an organization listed in clauses (i) through (xii) of section 419(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through (xii)), or the successor of an entity so listed.



Footnotes

[24A] So in original. Probably should be preceded by “section”.

[6] Probably should read “section 6152(a)”. See amendment made by section 6001(b)(3)(D) of Public Law 114–95.

[25A] So in original. Probably should be “this subpart”

[26A] So in original. Probably should be “(25 U.S.C. 2020)”.

Back to ESSA Table of Contents


Part C – General Provisions

SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.

    Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act.

SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

    Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.’.

SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS ACT OF 1994.

    (a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS- Section 411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended to read as follows:

SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    (a) ESTABLISHMENT- The Commissioner shall, with the advice of the National Assessment Governing Board established under section 412, and with the technical assistance of the Advisory Council established under section 407, carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment in reading and mathematics.

    (b) PURPOSE; STATE ASSESSMENTS-

      (1) PURPOSE- The purpose of this section is to provide, in a timely manner, a fair and accurate measurement of student academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as specified in this section.

      (2) MEASUREMENT AND REPORTING- The Commissioner, in carrying out the measurement and reporting described in paragraph (1), shall —

        (A) use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that are representative on a national and regional basis;

        (B) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics;

        (C) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in regularly scheduled intervals, but at least as often as such assessments were conducted prior to the date of enactment of the No Child Left Behind Act of 2001;

        (D) to the extent time and resources allow, and after the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph (C) are met, conduct additional national assessments and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in grades 4, 8, and 12 in public and private elementary schools and secondary schools in regularly scheduled intervals in additional subject matter, including writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment described in subparagraph (F);

        (E) conduct the reading and mathematics assessments described in subparagraph (B) in the same year, and every other year thereafter, to provide for 1 year in which no such assessments are conducted in between each administration of such assessments;

        (F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose of maintaining data on long-term trends in reading and mathematics;

        (G) include information on special groups, including, whenever feasible, information collected, cross tabulated, compared, and reported by race, ethnicity, socioeconomic status, gender, disability and limited English proficiency; and

        (H) ensure that achievement data are made available on a timely basis following official reporting, in a manner that facilitates further analysis and that includes trend lines.

      (3) STATE ASSESSMENTS-

        (A) IN GENERAL- The Commissioner —

          (i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs (1)(B) and (1)(E);

          (ii) may conduct the State academic assessments of student achievement in reading and mathematics in grade 12 as described in paragraph (1)(C);

          (iii) may conduct State academic assessments of student achievement in grades 4, 8, and 12 as described in paragraph (1)(D); and

          (iv) shall conduct each such State assessment, in each subject area and at each grade level, on a developmental basis until the Commissioner determines, as the result of an evaluation required by subsection (f), that such assessment produces high quality data that are valid and reliable.

        (B) AGREEMENT-

          (i) IN GENERAL- States participating in State assessments shall enter into an agreement with the Secretary pursuant to subsection (d)(3).

          (ii) CONTENT- Such agreement shall contain information sufficient to give States full information about the process for decision-making (which shall include the consensus process used), on objectives to be tested, and the standards for random sampling, test administration, test security, data collection, validation, and reporting.

        (C) REVIEW AND RELEASE-

          (i) IN GENERAL- Except as provided in clause (ii), a participating State shall review and give permission for the release of results from any test of its students administered as a part of a State assessment prior to the release of such data. Refusal by a State to release its data shall not restrict the release of data from other States that have approved the release of such data.

          (ii) SPECIAL RULE- A State participating in the biennial academic assessments of student achievement in reading and mathematics in grades 4 and 8 shall be deemed to have given its permission to release its data if the State has an approved plan under section 1111 of the Elementary and Secondary Education Act of 1965.

      (4) PROHIBITED ACTIVITIES-

        (A) IN GENERAL- The use of assessment items and data on any assessment authorized under this section by an agent or agents of the Federal Government to rank, compare, or otherwise evaluate individual students or teachers, or to provide rewards or sanctions for individual students, teachers, schools or local educational agencies is prohibited.

        (B) SPECIAL RULE- Any assessment authorized under this section shall not be used by an agent or agents of the Federal Government to establish, require, or influence the standards, assessments, curriculum, including lesson plans, textbooks, or classroom materials, or instructional practices of States or local educational agencies.

        (C) APPLICABILITY TO STUDENT EDUCATIONAL DECISIONS- Nothing in this section shall be construed to prescribe the use of any assessment authorized under this section for student promotion or graduation purposes.

        (D) APPLICABILITY TO HOME SCHOOLS- Nothing in this section shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced or authorized under this section.

      (5) REQUIREMENT- In carrying out any assessment authorized under this section, the Commissioner, in a manner consistent with subsection (c)(2), shall —

        (A) use widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and ensure that any academic assessment authorized under this section be tests that do not evaluate or assess personal or family beliefs and attitudes or publicly disclose personally identifiable information;

        (B) only collect information that is directly related to the appraisal of academic achievement, and to the fair and accurate presentation of such information; and

        (C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and gender.

      (6) TECHNICAL ASSISTANCE- In carrying out any assessment authorized under this section, the Commissioner may provide technical assistance to States, localities, and other parties.

    (c) ACCESS-

      (1) PUBLIC ACCESS-

        (A) IN GENERAL- Except as provided in paragraph (3), parents and members of the public shall have access to all assessment data, questions, and complete and current assessment instruments of any assessment authorized under this section. The local educational agency shall make reasonable efforts to inform parents and members of the public about the access required under this paragraph.

        (B) TIMELINE- The access described in this paragraph shall be provided within 45 days of the date the request was made, in writing, and be made available in a secure setting that is convenient to both parties.

        (C) PROHIBITION- To protect the integrity of the assessment, no copy of the assessment items or assessment instruments shall be duplicated or taken from the secure setting.

      (2) COMPLAINTS-

        (A) IN GENERAL- Parents and members of the public may submit written complaints to the National Assessment Governing Board.

        (B) FORWARDING OF COMPLAINTS- The National Assessment Governing Board shall forward such complaints to the Commissioner, the Secretary of Education, and the State and local educational agency from within which the complaint originated within 30 days of receipt of such complaint.

        (C) REVIEW- The National Assessment Governing Board, in consultation with the Commissioner, shall review such complaint and determine whether revisions are necessary and appropriate. As determined by such review, the Board shall revise, as necessary and appropriate, the procedures or assessment items that have generated the complaint and respond to the individual submitting the complaint, with a copy of such response provided to the Secretary, describing any action taken, not later than 30 days after so acting.

        (D) REPORT- The Secretary shall submit a summary report of all complaints received pursuant to subparagraph (A) and responses by the National Assessment Governing Board pursuant to subparagraph (B) to the Chairman of the House Committee on Education and the Workforce, and the Chairman of the Senate Committee on Health, Education, Labor, and Pensions.

        (E) COGNITIVE QUESTIONS-

            (i) IN GENERAL- The Commissioner may decline to make available through public means, such as posting on the Internet, distribution to the media, distribution through public agencies, or in response to a request under section 552 of title 5, United States Code, for a period, not to exceed 10 years after initial use, cognitive questions that the Commissioner intends to reuse in the future.

            (ii) EXTENSION- Notwithstanding clause (i), the Commissioner may decline to make cognitive questions available as described in clause (i) for a period longer than 10 years if the Commissioner determines such additional period is necessary to protect the security and integrity of long-term trend data.

        (3) PERSONALLY IDENTIFIABLE INFORMATION-

          (A) IN GENERAL- The Commissioner shall ensure that all personally identifiable information about students, their academic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United States Code.

          (B) PROHIBITION- The National Board, the Commissioner, and any contractor or subcontractor shall not maintain any system of records containing a student’s name, birth information, Social Security number, or parents’ name or names, or any other personally identifiable information.

        (4) PENALTIES- Any unauthorized person who knowingly discloses, publishes, or uses assessment questions, or complete and current assessment instruments of any assessment authorized under this section may be fined as specified in section 3571 of title 18, United States Code or charged with a class E felony.

      (d) PARTICIPATION-

        (1) VOLUNTARY PARTICIPATION- Participation in any assessment authorized under this section shall be voluntary for students, schools, and local educational agencies.

        (2) STUDENT PARTICIPATION- Parents of children selected to participate in any assessment authorized under this section shall be informed before the administration of any authorized assessment, that their child may be excused from participation for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.

        (3) STATE PARTICIPATION-

          (A) VOLUNTARY- Participation in assessments authorized under this section, other than reading and mathematics in grades 4 and 8, shall be voluntary.

          (B) AGREEMENT- For reading and mathematics assessments in grades 4 and 8, the Secretary shall enter into an agreement with any State carrying out an assessment for the State under this section. Each such agreement shall contain provisions designed to ensure that the State will participate in the assessment.

        (4) REVIEW- Representatives of State educational agencies and local educational agencies or the chief State school officer shall have the right to review any assessment item or procedure of any authorized assessment upon request in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) of subsection (c) shall take place in consultation with the representatives described in this paragraph.

      (e) STUDENT ACHIEVEMENT LEVELS-

        (1) ACHIEVEMENT LEVELS- The National Assessment Governing Board shall develop appropriate student achievement levels for each grade or age in each subject area to be tested under assessments authorized under this section, except the trend assessment described in subsection (b)(2)(F).

        (2) DETERMINATION OF LEVELS-

          (A) IN GENERAL- Such levels shall–

            (i) be determined by–

              (I) identifying the knowledge that can be measured and verified objectively using widely accepted professional assessment standards; and

              (II) developing achievement levels that are consistent with relevant widely accepted professional assessment standards and based on the appropriate level of subject matter knowledge for grade levels to be assessed, or the age of the students, as the case may be.

          (B) NATIONAL CONSENSUS APPROACH- After the determinations described in subparagraph (A), devising a national consensus approach.

          (C) TRIAL BASIS- The achievement levels shall be used on a trial basis until the Commissioner determines, as a result of an evaluation under subsection (f), that such levels are reasonable, valid, and informative to the public.

          (D) STATUS- The Commissioner and the Board shall ensure that reports using such levels on a trial basis do so in a manner that makes clear the status of such levels.

          (E) UPDATES- Such levels shall be updated as appropriate by the National Assessment Governing Board in consultation with the Commissioner.

        (3) REPORTING- After determining that such levels are reasonable, valid, and informative to the public, as the result of an evaluation under subsection (f), the Commissioner shall use such levels or other methods or indicators for reporting results of the National Assessment and State assessments.

        (4) REVIEW- The National Assessment Governing Board shall provide for a review of any trial student achievement levels under development by representatives of State educational agencies or the chief State school officer in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) shall take place in consultation with the representatives described in this paragraph.

      (f) REVIEW OF NATIONAL AND STATE ASSESSMENTS-

        (1) REVIEW-

          (A) IN GENERAL- The Secretary shall provide for continuing review of any assessment authorized under this section, and student achievement levels, by one or more professional assessment evaluation organizations.

          (B) ISSUES ADDRESSED- Such continuing review shall address–

            (i) whether any authorized assessment is properly administered, produces high quality data that are valid and reliable, is consistent with relevant widely accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing participating States to each other and the Nation);

            (ii) whether student achievement levels are reasonable, valid, reliable, and informative to the public;-

            (iii) whether any authorized assessment is being administered as a random sample and is reporting the trends in academic achievement in a valid and reliable manner in the subject areas being assessed;

            (iv) whether any of the test questions are biased, as described in section 412(e)(4); and

            (v) whether the appropriate authorized assessments are measuring, consistent with this section, reading ability and mathematical knowledge.

        (2) REPORT- The Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, the President, and the Nation on the findings and recommendations of such reviews.

        (3) USE OF FINDINGS AND RECOMMENDATIONS- The Commissioner and the National Assessment Governing Board shall consider the findings and recommendations of such reviews in designing the competition to select the organization, or organizations, through which the Commissioner carries out the National Assessment.

      (g) COVERAGE AGREEMENTS-

        (1) DEPARTMENT OF DEFENSE SCHOOLS- The Secretary and the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in the National Assessment elementary schools and secondary schools operated by the Department of Defense.

        (2) BUREAU OF INDIAN AFFAIRS SCHOOLS- The Secretary and the Secretary of the Interior may enter into an agreement, including such terms as are mutually satisfactory, to include in the National Assessment schools for Indian children operated or supported by the Bureau of Indian Affairs.’.

      (b) NATIONAL ASSESSMENT GOVERNING BOARD- Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended to read as follows:

    SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

      (a) ESTABLISHMENT- There is established the National Assessment Governing Board (hereafter in this title referred to as the Board’), which shall formulate policy guidelines for the National Assessment.

      (b) MEMBERSHIP-

        (1) APPOINTMENT AND COMPOSITION- The Board shall be appointed by the Secretary and be composed as follows:

          (A) Two Governors, or former Governors, who shall not be members of the same political party.

          (B) Two State legislators, who shall not be members of the same political party.

          (C) Two chief State school officers.

          (D) One superintendent of a local educational agency.

          (E) One member of a State board of education.

          (F) One member of a local board of education.

          (G) Three classroom teachers representing the grade levels at which the National Assessment is conducted.

          (H) One representative of business or industry.

          (I) Two curriculum specialists.

          (J) Three testing and measurement experts, who shall have training and experience in the field of testing and measurement.

          (K) One nonpublic school administrator or policymaker.

          (L) Two school principals, of whom one shall be an elementary school principal and one shall be a secondary school principal.

          (M) Two parents who are not employed by a local, State or Federal educational agency.

          (N) Two additional members who are representatives of the general public, and who may be parents, but who are not employed by a local, State, or Federal educational agency.

        (2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH- The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the Board.

        (3) BALANCE AND DIVERSITY- The Secretary and the Board shall ensure at all times that the membership of the Board reflects regional, racial, gender, and cultural balance and diversity and that the Board exercises its independent judgment, free from inappropriate influences and special interests.

      (c) TERMS-

        (1) IN GENERAL- Terms of service of members of the Board shall be staggered and may not exceed a period of 4 years, as determined by the Secretary.

        (2) SERVICE LIMITATION- Members of the Board may serve not more than two terms.

        (3) CHANGE OF STATUS- A member of the Board who changes status under subsection (b) during the term of the appointment of the member may continue to serve as a member until the expiration of such term.

        (4) CONFORMING PROVISION- Members of the Board previously granted 3 year terms, whose terms are in effect on the date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by 1 year.

      (d) VACANCIES-

        (1) IN GENERAL-

          (A) ORGANIZATIONS- The Secretary shall appoint new members to fill vacancies on the Board from among individuals who are nominated by organizations representing the type of individuals described in subsection (b)(1) with respect to which the vacancy exists.

          (B) NOMINATIONS- Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by experience or training to fill the particular Board vacancy.

          (C) MAINTENANCE OF BOARD- The Secretary’s appointments shall maintain the composition, diversity, and balance of the Board required under subsection (b).

        (2) ADDITIONAL NOMINATIONS- The Secretary may request that each organization described in paragraph (1)(A) submit additional nominations if the Secretary determines that none of the individuals nominated by such organization have appropriate knowledge or expertise.

      (e) DUTIES-

        (1) IN GENERAL- In carrying out its functions under this section the Board shall —

          (A) select the subject areas to be assessed (consistent with section 411(b));

          (B) develop appropriate student achievement levels as provided in section 411(e);

          (C) develop assessment objectives consistent with the requirements of this section and test specifications that produce an assessment that is valid and reliable, and are based on relevant widely accepted professional standards;

          (D) develop a process for review of the assessment which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public;

          (E) design the methodology of the assessment to ensure that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large scale surveys, including the Advisory Council established under section 407;

          (F) consistent with section 411, measure student academic achievement in grades 4, 8, and 12 in the authorized academic subjects;

          (G) develop guidelines for reporting and disseminating results;

          (H) develop standards and procedures for regional and national comparisons; and

          (I) take appropriate actions needed to improve the form, content, use, and reporting of results of any assessment authorized by section 411 consistent with the provisions of this section and section 411.

        (2) DELEGATION- The Board may delegate any of the Board’s procedural and administrative functions to its staff.

        (3) ALL COGNITIVE AND NONCOGNITIVE ASSESSMENT ITEMS- The Board shall have final authority on the appropriateness of all assessment items.

        (4) PROHIBITION AGAINST BIAS- The Board shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias and are secular, neutral, and non-ideological.

        (5) TECHNICAL- In carrying out the duties required by paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on Education Statistics and other experts.

        (6) REPORT- Not later than 90 days after an evaluation of the student achievement levels under section 411(e), the Board shall make a report to the Secretary, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate describing the steps the Board is taking to respond to each of the recommendations contained in such evaluation.

      (f) PERSONNEL-

        (1) IN GENERAL- In the exercise of its responsibilities, the Board shall be independent of the Secretary and the other offices and officers of the Department.

        (2) STAFF-

          (A) IN GENERAL- The Secretary may appoint, at the request of the Board, such staff as will enable the Board to carry out its responsibilities.

          (B) TECHNICAL EMPLOYEES- Such appointments may include, for terms not to exceed 3 years and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, not more than six technical employees who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

      (g) COORDINATION- The Commissioner and the Board shall meet periodically —

        (1) to ensure coordination of their duties and activities relating to the National Assessment; and

        (2) for the Commissioner to report to the Board on the Department’s actions to implement the decisions of the Board.

      (h) ADMINISTRATION- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board, other than sections 10, 11, and 12 of such Act.’.


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Subpart 3 – General Provisions

SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

    (a) CENSUS DETERMINATION- Each local educational agency desiring a grant under section 6212 and each local educational agency or specially qualified agency desiring a grant under subpart 2 shall —

      (1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and

      (2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).

    (b) PENALTY- If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under section 6212 or subpart 2, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 6212 or subpart 2 if the agency had submitted accurate information under subsection (a).

SEC. 6232. SUPPLEMENT, NOT SUPPLANT.

    Funds made available under subpart 1 or subpart 2 shall be used to supplement, and not supplant, any other Federal, State, or local education funds.

SEC. 6233. RULE OF CONSTRUCTION.

    Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this part.

SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, to be distributed equally between subparts 1 and 2.


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Subpart 2 – Rural and Low-Income School Program

 

SEC. 6221. PROGRAM AUTHORIZED.

    (a) GRANTS TO STATES-
    • (1) IN GENERAL- From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 6222(a).
    • (2) ALLOTMENT- From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year.
    • (3) SPECIALLY QUALIFIED AGENCIES-
      • (A) ELIGIBILITY AND APPLICATION- If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 6223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart.
      • (B) DIRECT AWARDS- The Secretary may award, on a competitive basis or by formula, 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 the application.
      • (C) 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, that may apply directly to the Secretary for a grant in such year under this subsection.
    (b) LOCAL AWARDS-
    • (1) ELIGIBILITY- A local educational agency shall be eligible to receive a grant under this subpart if —
      • (A) 20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and
      • (B) all of the schools served by the agency are designated with a school locale code of 6, 7, or 8, as determined by the Secretary.
    • (2) AWARD BASIS- A State educational agency shall award grants to eligible local educational agencies —
      • (A) on a competitive basis;
      • (B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or
      • (C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B).
    (c) RESERVATIONS- From amounts appropriated under section 6234 for this subpart for a fiscal year, the Secretary shall reserve–
    • (1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this subpart; and
    • (2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart.

SEC. 6222. USES OF FUNDS.

    (a) LOCAL AWARDS- Grant funds awarded to local educational agencies under this subpart shall be used for any of the following:
    • (1) Teacher recruitment and retention, including the use of signing bonuses and other financial incentives.
    • (2) Teacher professional development, including programs that train teachers to utilize technology to improve teaching and to train special needs teachers.
    • (3) Educational technology, including software and hardware, as described in part D of title II.
    • (4) Parental involvement activities.
    • (5) Activities authorized under the Safe and Drug-Free Schools program under part A of title IV.
    • (6) Activities authorized under part A of title I.
    • (7) Activities authorized under title III.
    (b) ADMINISTRATIVE COSTS- A State educational agency receiving a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies.

SEC. 6223. APPLICATIONS.

    (a) IN GENERAL- Each State educational agency or specially qualified agency desiring to receive a grant 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.
    (b) CONTENTS- At a minimum, each application submitted under subsection (a) shall include information on specific measurable goals and objectives to be achieved through the activities carried out through the grant, which may include specific educational goals and objectives relating to —
    • (1) increased student academic achievement;
    • (2) decreased student dropout rates; or
    • (3) such other factors as the State educational agency or specially qualified agency may choose to measure.

SEC. 6224. ACCOUNTABILITY.

    (a) STATE REPORT- Each State educational agency that receives a grant under this subpart shall prepare and submit an annual report to the Secretary. The report shall describe —
    • (1) the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;
    • (2) how local educational agencies and schools used funds provided under this subpart; and
    • (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 6223.
    (b) SPECIALLY QUALIFIED AGENCY REPORT- Each specially qualified agency that receives a grant under this subpart shall provide an annual report to the Secretary. Such report shall describe —
    • (1) how such agency uses funds provided under this subpart; and
    • (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 6223.
    (c) REPORT TO CONGRESS- The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a biennial report. The report shall describe —
    • (1) the methods the State educational agencies used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;
    • local educational agencies and schools used funds provided under this subpart; and
    • (3) the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under section 6223.
    (d) ACADEMIC ACHIEVEMENT ASSESSMENT- Each local educational agency or specially qualified agency that receives a grant under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(3).
    (e) DETERMINATION REGARDING CONTINUING PARTICIPATION- Each State educational agency or specially qualified agency that receives a grant under this subpart shall —
    • (1) after the third year that a local educational agency or specially qualified agency in the State receives funds under this subpart, and on the basis of the results of the assessments described in subsection (d) —
      • (A) in the case of a local educational agency, determine whether the local educational agency made adequate yearly progress, as described in section 1111(b)(2); and
      • (B) in the case of a specially qualified agency, submit to the Secretary information that would allow the Secretary to determine whether the specially qualified agency has made adequate yearly progress, as described in section 1111(b)(2);
    • (2) permit only those local educational agencies or specially qualified agencies that made adequate yearly progress, as described in section 1111(b)(2), to continue to receive grants under this subpart; and
    • (3) permit those local educational agencies or specially qualified agencies that failed to make adequate yearly progress, as described in section 1111(b)(2), to continue to receive such grants only if the State educational agency disbursed such grants to the local educational agencies or specially qualified agencies to carry out the requirements of section 1116.

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Subpart 1 – Small, Rural School Achievement Program

 

SEC. 6211. USE OF APPLICABLE FUNDING.

    (a) ALTERNATIVE USES-
    • (1) IN GENERAL- Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding 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:
      • (A) Part A of title I.
      • (B) Part A or D of title II.
      • (C) Title III.
      • (D) Part A or B of title IV.
      • (E) Part A of title V.
    • (2) 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.
    (b) ELIGIBILITY-
    • (1) IN GENERAL- A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if —
      • (A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or
      • (II) each county 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
      • (ii) all of the schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary; or
      • (B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii).
    • (2) CERTIFICATION- The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence 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.
    (c) APPLICABLE FUNDING DEFINED- In this section, the term applicable funding’ means funds provided under any of the following provisions:
    • (1) Subpart 2 and section 2412(a)(2)(A) of title II.
    • (2) Section 4114.
    • (3) Part A of title V.
    (d) 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.
    (e) APPLICABLE RULES- Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).

SEC. 6212. GRANT PROGRAM AUTHORIZED.

    (a) IN GENERAL- The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions:
    • (1) Part A of title I.
    • (2) Part A or D of title II.
    • (3) Title III.
    • (4) Part A or B of title IV.
    • (5) Part A of title V.
    (b) ALLOCATION-
    • (1) IN GENERAL- Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year.
    • (2) DETERMINATION OF INITIAL AMOUNT- The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.
    • (3) RATABLE ADJUSTMENT-
      • (A) IN GENERAL- 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 paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.
      • (B) ADDITIONAL AMOUNTS- If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.
    (c) DISBURSEMENT- The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year.
    (d) SPECIAL ELIGIBILITY RULE- A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2.

SEC. 6213. ACCOUNTABILITY.

    (a) ACADEMIC ACHIEVEMENT ASSESSMENT- Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(3).
    (b) DETERMINATION REGARDING CONTINUING PARTICIPATION- Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall —
    • (1) after the third year that a local educational agency in the State participates in a program under this subpart and on the basis of the results of the assessments described in subsection (a), determine whether the local educational agency participating in the program made adequate yearly progress, as described in section 1111(b)(2);
    • (2) permit only those local educational agencies that participated and made adequate yearly progress, as described in section 1111(b)(2), to continue to participate; and
    • (3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described in section 1111(b)(2), to continue to participate only if such local educational agencies use applicable funding under this subpart to carry out the requirements of section 1116.

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Part B – Rural Education Initiative

SEC. 6201. SHORT TITLE.

    This part may be cited as the ‘Rural Education Achievement Program’.

SEC. 6202. PURPOSE.

    It is the purpose of this part to address the unique needs of rural school districts that frequently —

      (1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and

      (2) receive formula grant allocations in amounts too small to be effective in meeting their intended purposes.


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Subpart 4 – State Accountability for Adequate Yearly Progress

SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

    In the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such date of enactment, the Secretary shall annually, starting with the beginning of the first school year following the first two school years for which such plans were implemented, review whether the State has —

      (1) made adequate yearly progress, as defined in section 1111(b)(2)(B), for each of the groups of students described in section 1111(b)(2)(C)(v); and

      (2) met its annual measurable achievement objectives under section 3122(a).

SEC. 6162. PEER REVIEW.

    The Secretary shall use a peer review process to review, based on data from the State assessments administered under section 1111(b)(3) and on data from the evaluations conducted under section 3121, whether the State has failed to make adequate yearly progress for 2 consecutive years or whether the State has met its annual measurable achievement objectives.

SEC. 6163. TECHNICAL ASSISTANCE.

    (a) PROVISION OF ASSISTANCE-

      (1) ADEQUATE YEARLY PROGRESS- Based on the review described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not later than the beginning of the first school year that begins after such determination is made.

      (2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES- Based on the reviews described in section 6161(2), the Secretary may provide technical assistance to a State that has failed to meet its annual measurable achievement objectives under section 3122(a) for 2 consecutive years. The Secretary shall provide such assistance not later than the beginning of the first school year that begins after such determination is made.

    (b) CHARACTERISTICS- The technical assistance described in subsection (a) shall —

      (1) be valid, reliable and rigorous; and

      (2) provide constructive feedback to help the State make adequate yearly progress, as defined in section 1111(b)(2), or meet the annual measurable achievement objectives under section 3122(a).

SEC. 6164. REPORT TO CONGRESS.

    Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate containing the following:

      (1) A list of each State that has not made adequate yearly progress based on the review conducted under section 6161(1).

      (2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted under section 6161(2).

      (3) The information reported by the State to the Secretary pursuant to section 1119(a).

      (4) A description of any technical assistance provided pursuant to section 6163.


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Chapter B – Local Flexibility Demonstration

SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

    (a) AUTHORITY- Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, enter into local flexibility demonstration agreements —

      (1) with local educational agencies that submit approvable proposed agreements under subsection (c) and that are selected under subsection (b); and

      (2) under which those agencies may consolidate and use funds in accordance with section 6152.

    (b) SELECTION OF LOCAL EDUCATIONAL AGENCIES-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary shall enter into local flexibility demonstration agreements under this chapter with not more than 80 local educational agencies. Each local educational agency shall be selected on a competitive basis from among those local educational agencies that —

        (A) submit a proposed local flexibility demonstration agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the agreement —

          (i) has a substantial promise of assisting the local educational agency in meeting the State’s definition of adequate yearly progress, advancing the education priorities of the local educational agency, meeting the general purposes of the programs included under this chapter and the purposes of this part, improving student achievement, and narrowing achievement gaps in accordance with section 1111(b);

          (ii) meets the requirements of this chapter; and

          (iii) contains a plan to consolidate and use funds in accordance with section 6152 in order to meet the State’s definition of adequate yearly progress and the local educational agency’s specific, measurable goals for improving student achievement and narrowing achievement gaps; and

        (B) have consulted and involved parents and other educators in the development of the proposed local flexibility demonstration agreement.

      (2) GEOGRAPHIC DISTRIBUTION-

        (A) INITIAL AGREEMENTS- The Secretary may enter into not more than three local flexibility demonstration agreements under this chapter with local educational agencies in each State that does not have a grant of flexibility authority under chapter A.

        (B) URBAN AND RURAL AREAS- If more than three local educational agencies in a State submit approvable local flexibility demonstration agreements under this chapter, the Secretary shall select local educational agencies with which to enter into such agreements in a manner that ensures an equitable distribution among such agencies serving urban and rural areas.

        (C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY DEMONSTRATION AGREEMENTS- Notwithstanding any other provision of this part, a local educational agency may not seek to enter into a local flexibility demonstration agreement under this chapter if that agency is located in a State for which the State educational agency —

          (i) has, not later than 4 months after the date of enactment of the No Child Left Behind Act of 2001, notified the Secretary of its intent to apply for a grant of flexibility authority under chapter A and, within such period of time as the Secretary may establish, is provided with such authority by the Secretary; or

          (ii) has, at any time after such period, been granted flexibility authority under chapter A.

    (c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT- Each local flexibility demonstration agreement entered into with the Secretary under this chapter shall contain each of the following terms:

      (1) DURATION- The local flexibility demonstration agreement shall be for a term of 5 years.

      (2) APPLICATION OF PROGRAM REQUIREMENTS- The local flexibility demonstration agreement shall provide that no requirements of any program described in section 6152 and included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided in this chapter.

      (3) LIST OF PROGRAMS- The local flexibility demonstration agreement shall list which of the programs described in section 6152 are included in the scope of the agreement.

      (4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT- The local flexibility demonstration agreement shall contain a 5-year plan describing how the local educational agency intends to consolidate and use the funds from programs included in the scope of the agreement for any educational purpose authorized under this Act to advance the education priorities of the local educational agency, meet the general purposes of the included programs, improve student achievement, and narrow achievement gaps in accordance with section 1111(b).

      (5) LOCAL INPUT- The local flexibility demonstration agreement shall contain an assurance that the local educational agency will provide parents, teachers, and representatives of schools with notice and an opportunity to comment on the proposed terms of the local flexibility demonstration agreement.

      (6) FISCAL RESPONSIBILITIES- The local flexibility demonstration agreement shall contain an assurance that the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds consolidated and used under the agreement.

      (7) CIVIL RIGHTS- The local flexibility demonstration agreement shall contain an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using the funds under the agreement.

      (8) PRIVATE SCHOOL PARTICIPATION- The local flexibility demonstration agreement shall contain an assurance that the local educational agency agrees that in consolidating and using funds under the agreement —

        (A) the local educational agency, will provide for the equitable participation of students and professional staff in private schools consistent with section 9501; and

        (B) that sections 9502, 9503, and 9504 shall apply to all services and assistance provided with such funds in the same manner as such sections apply to services and assistance provided in accordance with section 9501.

      (9) SUPPLANTING- The local flexibility demonstration agreement shall contain an assurance that the local educational agency will, for the duration of the grant of authority, use funds consolidated under section 6152 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted with the consolidated funds, and not to supplant those funds.

      (10) ANNUAL REPORTS- The local flexibility demonstration agreement shall contain an assurance that the local educational agency shall, not later than 1 year after the date on which the Secretary enters into the agreement, and annually thereafter during the term of the agreement, disseminate widely to parents and the general public, transmit to the Secretary, and the State educational agency for the State in which the local educational agency is located, distribute to print and broadcast media, and post on the Internet, a report that includes a detailed description of how the local educational agency used the funds consolidated under the agreement to improve student academic achievement and reduce achievement gaps.

    (d) PEER REVIEW- The Secretary shall —

      (1) establish a peer review process to assist in the review of proposed local flexibility demonstration agreements under this chapter; and

      (2) appoint individuals to the peer review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational needs of students.

    (e) AMENDMENT TO PERFORMANCE AGREEMENT-

      (1) IN GENERAL- In each of the following circumstances, the Secretary shall amend a local flexibility demonstration agreement entered into with a local educational agency under this chapter:

        (A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT- Not later than 1 year after entering into a local flexibility demonstration agreement, the local educational agency seeks to amend the agreement to remove from the scope any program described in section 6152.

        (B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT- Not later than 1 year after entering into the local flexibility demonstration agreement, a local educational agency seeks to amend the agreement to include in its scope any additional program described in section 6251 or any additional achievement indicators for which the local educational agency will be held accountable.

      (2) APPROVAL AND DISAPPROVAL-

        (A) DEEMED APPROVAL- A proposed amendment to a local flexibility demonstration agreement pursuant to paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter.

        (B) DISAPPROVAL- The Secretary shall not finally disapprove the proposed amendment, except after giving the local educational agency notice and an opportunity for a hearing.

        (C) NOTIFICATION- If the Secretary finds that the proposed amendment is not in compliance, in whole or in part, with this chapter, the Secretary shall —

          (i) give the local educational agency notice and an opportunity for a hearing; and

          (ii) notify the local educational agency of the finding of noncompliance and, in such notification, shall —

            (I) cite the specific provisions in the proposed amendment that are not in compliance; and

            (II) request additional information, only as to the noncompliant provisions, needed to make the proposed amendment compliant.
        (D) RESPONSE- If the local educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of —

          (i) the expiration of the 45-day period beginning on the date on which the proposed amendment is resubmitted; or

          (ii) the expiration of the 120-day period described in subparagraph (A).

        (E) FAILURE TO RESPOND- If the local educational agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, such proposed amendment shall be deemed to be disapproved.

      (3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM AGREEMENT- Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a local flexibility demonstration agreement shall apply to the use of funds made available under the program by the local educational agency.

SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

    (a) IN GENERAL-

      (1) AUTHORITY- Under a local flexibility demonstration agreement entered into under this chapter, a local educational agency may consolidate Federal funds made available to the agency under the provisions listed in subsection (b) and use such funds for any educational purpose permitted under this Act.

      (2) PROGRAM REQUIREMENTS- Except as otherwise provided in this chapter, a local educational agency may use funds under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the agency.

    (b) ELIGIBLE PROGRAMS- Program funds made available to local educational agencies on the basis of a formula under the following provisions may be consolidated and used under subsection (a):

      (1) Subpart 2 of part A of title II.

      (2) Subpart 1 of part D of title II.

      (3) Subpart 1 of part A of title IV.

      (4) Subpart 1 of part A of title V.

SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

    Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this chapter may use for administrative purposes not more than 4 percent of the total amount of funds allocated to the agency under the programs included in the scope of the agreement.

SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

    (a) MIDTERM REVIEW-

      (1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS- If, during the term of a local flexibility demonstration agreement, a local educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after notice and opportunity for a hearing, promptly terminate the agreement.

      (2) NONCOMPLIANCE- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3)), terminate a local flexibility demonstration agreement under this chapter if there is evidence that the local educational agency has failed to comply with the terms of the agreement.

      (3) EVIDENCE- If a local educational agency believes that the Secretary’s determination under this subsection is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final early termination determination.

    (b) FINAL REVIEW- If, at the end of the 5-year term of a local flexibility demonstration agreement entered into under this chapter, the local educational agency has not met the requirements described in section 6151(c), the Secretary may not renew the agreement under section 6155 and, beginning on the date on which such term ends, the local educational agency shall be required to comply with each of the program requirements in effect on such date for each program included in the local flexibility demonstration agreement.

SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.

    (a) IN GENERAL- Except as provided in section 6154 and in accordance with this section, the Secretary shall renew for one additional 5-year term a local flexibility demonstration agreement entered into under this chapter if the local educational agency has met, by the end of the original term of the agreement, the requirements described in section 6151(c).

    (b) NOTIFICATION- The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less than 6 months before the end of the original term of the agreement, the local educational agency seeking the renewal notifies the Secretary of its intention to renew.

    (c) EFFECTIVE DATE- A renewal under this section shall be effective at the end of the original term of the agreement or on the date on which the local educational agency seeking renewal provides to the Secretary all data required under the agreement, whichever is later.

SEC. 6156. REPORTS.

    (a) TRANSMITTAL TO CONGRESS- Not later than 60 days after the Secretary receives a report described in section 6151(b)(10), the Secretary shall make the report available to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

    (b) LIMITATION- A State in which a local educational agency that has a local flexibility demonstration agreement is located may not require such local educational agency to provide any application information with respect to the programs included within the scope of that agreement other than that information that is required to be included in the report described in section 6151(b)(10).


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Chapter A – State Flexibility Authority

SEC. 6141. STATE FLEXIBILITY.

    (a) FLEXIBILITY AUTHORITY- Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, grant flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and use funds in accordance with section 6142.

    (b) DEFINITIONS- In this chapter:

      (1) ELIGIBLE STATE EDUCATIONAL AGENCY- The term eligible State educational agency’ means a State educational agency that —

        (A) submits an approvable application under subsection (c); and

        (B) proposes performance agreements —

          (i) that shall be entered into with not fewer than 4, and not more than 10, local educational agencies;

          (ii) not fewer than half of which shall be entered into with high-poverty local educational agencies; and

          (iii) that require the local educational agencies described in clause (i) to align their use of consolidated funds under section 6152 with the State educational agency’s use of consolidated funds under section 6142.

      (2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY- The term high-poverty local educational agency’ means a local educational agency for which 20 percent or more of the children who are age 5 through 17, and served by the local educational agency, are from families with incomes below the poverty line.

    (c) STATE APPLICATIONS-

      (1) APPLICATIONS- To be eligible to receive flexibility authority under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including —

        (A) information demonstrating, to the satisfaction of the Secretary, that the grant of authority offers substantial promise of —

          (i) assisting the State educational agency in making adequate yearly progress, as defined under section 1111(b)(2); and

          (ii) aligning State and local reforms and assisting the local educational agencies that enter into performance agreements with the State educational agency under paragraph (2) in making such adequate yearly progress;

        (B) the performance agreements that the State educational agency proposes to enter into with eligible local educational agencies under paragraph (2);

        (C) information demonstrating that the State educational agency has consulted with and involved parents, representatives of local educational agencies, and other educators in the development of the terms of the grant of authority;

        (D) a provision specifying that the grant of flexibility authority shall be for a term of not more than 5 years;

        (E) a list of the programs described in section 6142(b) that are included in the scope of the grant of authority;

        (F) a provision specifying that no requirements of any program described in section 6142(b) and included by a State educational agency in the scope of the grant of authority shall apply to that agency, except as otherwise provided in this chapter;

        (G) a 5-year plan describing how the State educational agency intends to consolidate and use the funds from programs included in the scope of the grant of authority, for any educational purpose authorized under this Act, in order to make adequate yearly progress and advance the education priorities of the State and the local educational agencies with which the State educational agency enters into performance agreements;

        (H) an assurance that the State educational agency will provide parents, teachers, and representatives of local educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant of authority;

        (I) an assurance that the State educational agency, and the local educational agencies with which the State educational agency enters into performance agreements, will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds consolidated and used under the grant of authority;

        (J) an assurance that the State educational agency, and the local educational agencies with which the State educational agency enters into performance agreements, will meet the requirements of all applicable Federal civil rights laws in carrying out the grant of authority, including consolidating and using funds under the grant of authority;

        (K) an assurance that, in consolidating and using funds under the grant of authority —

          (i) the State educational agency, and the local educational agencies with which the State educational agency enters into performance agreements, will provide for the equitable participation of students and professional staff in private schools consistent with section 9501; and

          (ii) that sections 9502, 9503, and 9504 shall apply to all services and assistance provided with such funds in the same manner as such sections apply to services and assistance provided in accordance with section 9501;

        (L) an assurance that the State educational agency will, for the duration of the grant of authority, use funds consolidated under section 6142 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted with the consolidated funds, and not to supplant those funds; and

        (M) an assurance that the State educational agency shall, not later than 1 year after the date on which the Secretary makes the grant of authority, and annually thereafter during the term of the grant of authority, disseminate widely to parents and the general public, transmit to the Secretary, distribute to print and broadcast media, and post on the Internet, a report, which shall include a detailed description of how the State educational agency, and the local educational agencies with which the State educational agency enters into performance agreements, used the funds consolidated under the grant of authority to make adequate yearly progress and advance the education priorities of the State and local educational agencies in the State.

      (2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL EDUCATIONAL AGENCIES-

        (A) IN GENERAL- A State educational agency that wishes to receive flexibility authority under this subpart shall propose performance agreements that meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B) (subject to approval of the application or amendment involved under subsection (d) or (e)).

        (B) PERFORMANCE AGREEMENTS- Each proposed performance agreement with a local educational agency shall —

          (i) contain plans for the local educational agency to consolidate and use funds in accordance with section 6152, for activities that are aligned with the State educational agency’s plan described in paragraph (1)(G);

          (ii) be subject to the requirements of chapter B relating to agreements between the Secretary and a local educational agency, except —

            (I) that, as appropriate, references in that chapter to the Secretary shall be deemed to be references to the State educational agency; and

            (II) as otherwise provided in this chapter; and

          (iii) contain an assurance that the local educational agency will, for the duration of the grant of authority, use funds consolidated under section 6152 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted with the consolidated funds, and not to supplant those funds.

    (d) APPROVAL AND SELECTION- The Secretary shall —

      (1) establish a peer review process to assist in the review of proposed State applications under this section; and

      (2) appoint individuals to participate in the peer review process who are —

        (A) representative of parents, teachers, State educational agencies, and local educational agencies; and

        (B) familiar with educational standards, assessments, accountability, curricula, instruction, and staff development, and other diverse educational needs of students.

    (e) AMENDMENT TO GRANT OF AUTHORITY-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary shall amend the grant of flexibility authority made to a State educational agency under this chapter, in each of the following circumstances:

        (A) REDUCTION IN SCOPE OF THE GRANT OF AUTHORITY- Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to amend the grant of authority to remove from the scope of the grant of authority any program described in section 6142(b).

        (B) EXPANSION OF SCOPE OF THE GRANT OF AUTHORITY- Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to amend the grant of authority to include in the scope of the grant of authority any additional program described in section 6142(b) or any additional achievement indicators for which the State will be held accountable.

        (C) CHANGES WITH RESPECT TO NUMBER OF PERFORMANCE AGREEMENTS- The State educational agency seeks to amend the grant of authority to include or remove performance agreements that the State educational agency proposes to enter into with eligible local educational agencies, except that in no case may the State educational agency enter into performance agreements that do not meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B).

      (2) APPROVAL AND DISAPPROVAL-

        (A) DEEMED APPROVAL- A proposed amendment to a grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter.

        (B) DISAPPROVAL- The Secretary shall not finally disapprove the proposed amendment, except after giving the State educational agency notice and an opportunity for a hearing.

        (C) NOTIFICATION- If the Secretary finds that the proposed amendment is not in compliance, in whole or in part, with this chapter, the Secretary shall —

          (i) give the State educational agency notice and an opportunity for a hearing; and

          (ii) notify the State educational agency of the finding of noncompliance and, in such notification, shall —

            (I) cite the specific provisions in the proposed amendment that are not in compliance; and

            (II) request additional information, only as to the noncompliant provisions, needed to make the proposed amendment compliant.

        (D) RESPONSE- If the State educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of —

          (i) the expiration of the 45-day period beginning on the date on which the proposed amendment is resubmitted; or

          (ii) the expiration of the 120-day period described in subparagraph (A).

        (E) FAILURE TO RESPOND- If the State educational agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the date on which the agency received the notification, such proposed amendment shall be deemed to be disapproved.

      (3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM GRANT OF AUTHORITY- Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a grant of authority shall apply to the use of funds made available under the program by the State educational agency and each local educational agency with which the State educational agency has a performance agreement.

SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

    (a) IN GENERAL-

      (1) AUTHORITY- Under a grant of flexibility authority made under this chapter, a State educational agency may consolidate Federal funds described in subsection (b) and made available to the agency, and use such funds for any educational purpose authorized under this Act.

      (2) PROGRAM REQUIREMENTS- Except as otherwise provided in this chapter, a State educational agency may use funds under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the State.

    (b) ELIGIBLE FUNDS AND PROGRAMS-

      (1) FUNDS- The funds described in this subsection are funds, for State-level activities and State administration, that are described in the following provisions:

        (A) Section 1004.

        (B) Paragraphs (4) and (5) of section 1202(d).

        (C) Section 2113(a)(3).

        (D) Section 2412(a)(1).

        (E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112.

        (F) Paragraphs (2) and (3) of section 4202(c).

        (G) Section 5112(b).

      (2) PROGRAMS- The programs described in this subsection are the programs authorized to be carried out with funds described in paragraph (1).

    (c) SPECIAL RULE- A State educational agency that receives a grant of flexibility authority under this chapter —

      (1) shall ensure that the funds described in section 5112(a) are allocated to local educational agencies in the State in accordance with section 5112(a); but

      (2) may specify how the local educational agencies shall use the allocated funds.

SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

    (a) MIDTERM REVIEW-

      (1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS- If, during the term of a grant of flexibility authority under this chapter, a State educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the grant of authority promptly.

      (2) NONCOMPLIANCE- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), 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.

      (3) EVIDENCE- If a State educational agency believes that a determination of the Secretary under this subsection is in error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination under this subsection.

    (b) FINAL REVIEW-

      (1) IN GENERAL- If, at the end of the 5-year term of a grant of flexibility authority made under this chapter, the State educational agency has not met the requirements described in section 6141(c), the Secretary may not renew the grant of flexibility authority under section 6144.

      (2) COMPLIANCE- Beginning on the date on which such term ends, the State educational agency, and the local educational agencies with which the State educational agency has entered into performance agreements, shall be required to comply with each of the program requirements in effect on such date for each program that was included in the grant of authority.

SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

    (a) IN GENERAL- Except as provided in section 6143 and in accordance with this section, if a State educational agency has met, by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section 6141(c), the Secretary shall renew a grant of flexibility authority for one additional 5-year term.

    (b) RENEWAL- The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months before the end of the original term of the grant of authority, the State educational agency seeking the renewal notifies the Secretary, and the local educational agencies with which the State educational agency has entered into performance agreements, of the agency’s intention to renew the grant of authority.

    (c) EFFECTIVE DATE- A renewal under this section shall be effective on the later of —

      (1) the expiration of the original term of the grant of authority; or

      (2) the date on which the State educational agency seeking the renewal provides to the Secretary all data required for the application described in section 6141(c).


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