Sec. 501. General provisions for the Act

11,767 words·~53 min read·/bill/113/hr/5/rh/section-501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Title V (20 U.S.C. 7201 et seq.) is amended to read as follows: Except as otherwise provided, in this Act: Except as provided otherwise by State law or this paragraph, the term average daily attendance means— the aggregate number of days of attendance of all students during a school year; divided by the number of days school is in session during that year. The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).

If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this Act— consider the child to be in attendance at a school of the agency making the payment; and not consider the child to be in attendance at a school of the agency receiving the payment. If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child to be in attendance at a school of the agency making the payment.

The term average per-pupil expenditure means, in the case of a State or of the United States— without regard to the source of funds— the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus any direct current expenditures by the State for the operation of those agencies; divided by the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.

The term charter school means a public school that— in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the authorized public chartering agency; provides a program of elementary or secondary education, or both; is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; does not charge tuition; complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and part B of the Individuals with Disabilities Education Act; is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated; agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such requirements are specifically waived for the purpose of this program; meets all applicable Federal, State, and local health and safety requirements; operates in accordance with State law; has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and may serve prekindergarten or post secondary students.

The term child means any person within the age limits for which the State provides free public education. The term child with a disability has the same meaning given that term in section 602 of the Individuals with Disabilities Education Act. The term community-based organization means a public or private nonprofit organization of demonstrated effectiveness that— is representative of a community or significant segments of a community; and provides educational or related services to individuals in the community.

The term consolidated local application means an application submitted by a local educational agency pursuant to section 5305. The term consolidated local plan means a plan submitted by a local educational agency pursuant to section 5305. The term consolidated State application means an application submitted by a State educational agency pursuant to section 5302. The term consolidated State plan means a plan submitted by a State educational agency pursuant to section 5302. The term core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.

The term county means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties. The term covered program means each of the programs authorized by— part A of title I; title II; and title III. The term current expenditures means expenditures for free public education— including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.

The term Department means the Department of Education. The term direct student services means public school choice or high-quality academic tutoring that are designed to help increase academic achievement for students. The term distance education means the use of one or more technologies to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor synchronously or nonsynchronously.

The term educational service agency means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. The term elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. The term English learner , when used with respect to an individual, means an individual— who is aged 3 through 21; who is enrolled or preparing to enroll in an elementary school or secondary school; who was not born in the United States or whose native language is a language other than English; who is a Native American or Alaska Native, or a native resident of the outlying areas; and who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— the ability to meet the State’s academic standards described in section 1111; the ability to successfully achieve in classrooms where the language of instruction is English; or the opportunity to participate fully in society.

The term extended-year adjusted cohort graduation rate means the ratio where— the denominator consists of the number of students who form the original cohort of entering first-time 9th grade students enrolled in the high school no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act, adjusted by— adding the students who joined that cohort, after the time of the determination of the original cohort; and subtracting only those students who left that cohort, after the time of the determination of the original cohort, as described in subparagraph (B); and the numerator consists of the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— one or more additional years beyond the fourth year of high school; or a summer session immediately following the additional year of high school.

To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, transferred to a prison or juvenile facility, or is deceased. For purposes of this paragraph, the term transferred out means a student who the high school or local educational agency has confirmed, according to clause (ii), has transferred— to another school from which the student is expected to receive a regular high school diploma; or to another educational program from which the student is expected to receive a regular high school diploma.

The confirmation of a student’s transfer to another school or educational program described in clause

(i)requires documentation from the receiving school or program that the student enrolled in the receiving school or program. A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. A student who is retained in grade or who is enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the adjusted cohort. For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act. The term free public education means education that is provided— at public expense, under public supervision and direction, and without tuition charge; and as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12. The term gifted and talented , when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities. The term ‘high-quality academic tutoring’ means supplemental academic services that— are in addition to instruction provided during the school day; are provided by a non-governmental entity or local educational agency that— is included on a State educational agency approved provider list after demonstrating to the State educational agency that its program consistently improves the academic achievement of students; and agrees to provide parents of children receiving high-quality academic tutoring, the appropriate local educational agency, and school with information on participating students increases in academic achievement, in a format, and to the extent practicable, a language that such parent can understand, and in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ); are selected by the parents of students who are identified by the local educational agency as being eligible for such services from among providers on the approved provider list described in subparagraph (B)(i); meet all applicable Federal, State, and local health, safety, and civil rights laws; and ensure that all instruction and content are secular, neutral, and non-ideological. The term high school means a secondary school that— grants a diploma, as defined by the State; and includes, at least, grade 12. The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965. The term local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education. The term includes educational service agencies and consortia of those agencies. The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. The terms Native American and Native American language have the same meaning given those terms in section 103 of the Native American Languages Act of 1990. The term other staff means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. The term outlying area — means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 ; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2751). The term parent includes a legal guardian or other person standing in loco parentis (such as a grandparent, stepparent, or foster parent with whom the child lives, or a person who is legally responsible for the child’s welfare). The term parental involvement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring— that parents play an integral role in assisting in their child’s learning; that parents are encouraged to be actively involved in their child’s education at school; that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and the carrying out of other activities, such as those described in section 1118. The term poverty line means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. The term professional development — includes evidence-based, job-embedded, continuous activities that— improve and increase teachers’ knowledge of the academic subjects the teachers teach, and enable teachers to become effective educators; are an integral part of broad schoolwide and districtwide educational improvement plans; give teachers, school leaders, other staff, and administrators the knowledge and skills to provide students with the opportunity to meet State academic standards; improve classroom management skills; have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom; and are not 1-day or short-term workshops or conferences; support the recruiting, hiring, and training of effective teachers, including teachers who became certified or licensed through State and local alternative routes to certification; advance teacher understanding of effective instructional strategies that are strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers, including through addressing the social and emotional development needs of students; are aligned with and directly related to— State academic standards and assessments; and the curricula and programs tied to the standards described in subclause (I); are developed with extensive participation of teachers, school leaders, parents, and administrators of schools to be served under this Act; are designed to give teachers of English learners and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; to the extent appropriate, provide training for teachers, other staff, and school leaders in the use of technology so that technology and technology applications are effectively used to improve teaching and learning in the curricula and core academic subjects in which the students receive instruction; as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of the professional development; provide instruction in methods of teaching children with special needs; include instruction in the use of data and assessments to inform and instruct classroom practice; and include instruction in ways that teachers, school leaders, specialized instructional support personnel, other staff, and school administrators may work more effectively with parents; and may include evidence-based, job-embedded, continuous activities that— involve the forming of partnerships with institutions of higher education to establish school-based teacher training programs that provide prospective teachers and new teachers with an opportunity to work under the guidance of experienced teachers and college faculty; create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under subpart 1 of part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and provide follow-up training to individuals who have participated in activities described in subparagraph

(A)or another clause of this subparagraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom. The term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma. Such term shall not include a GED or other recognized equivalent of a diploma, a certificate of attendance, or any lesser diploma award. For a student who is assessed using an alternate assessment aligned to alternate academic standards under section 1111(b)(1)(D), receipt of a regular high school diploma as defined under subparagraph

(A)or a State-defined alternate diploma obtained within the time period for which the State ensures the availability of a free appropriate public education and in accordance with section 612(a)(1) of the Individuals with Disabilities Education Act shall be counted as graduating with a regular high school diploma for the purposes of this Act. The term school leader means a principal, assistant principal, or other individual who is— an employee or officer of a school, local educational agency, or other entity operating the school; and responsible for— the daily instructional leadership and managerial operations of the school; and creating the optimum conditions for student learning. The term secondary school means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12. The term Secretary means the Secretary of Education. The term specialized instructional support personnel means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. The term specialized instructional support services means the services provided by specialized instructional support personnel. The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. The term State educational agency means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. The term technology means modern information, computer and communication technology products, services, or tools, including, but not limited to, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content and data storage. Parts B, C, D, and E of this title do not apply to title IV of this Act. For the purpose of any competitive program under this Act— a consortium of schools operated by the Bureau of Indian Education; a school operated under a contract or grant with the Bureau of Indian Education in consortium with another contract or grant school or a tribal or community organization; or a Bureau of Indian Education school in consortium with an institution of higher education, a contract or grant school, or a tribal or community organization, shall be given the same consideration as a local educational agency. A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2). This section applies to any program under this Act under which funds are authorized to be used for administration, and such other programs as the Secretary may designate. A State educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection (a). A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection (a), such as— the coordination of those programs with other Federal and non-Federal programs; the establishment and operation of peer-review mechanisms under this Act; the administration of this title; the dissemination of information regarding model programs and practices; technical assistance under any program under this Act; State-level activities designed to carry out this title; training personnel engaged in audit and other monitoring activities; and implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department. A State educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation under subsection (a). To determine the effectiveness of State administration under this section, the Secretary may periodically review the performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the Secretary finds appropriate to ensure the effectiveness of that administration. If a State educational agency does not use all of the funds available to the agency under this section for administration, the agency may use those funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection (a). In order to develop State academic standards and assessments, a State educational agency may consolidate the amounts described in subsection

(a)for those purposes under title I. A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, describe how the agency will eliminate duplication in conducting administrative functions. The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under subpart 6 of part A of title I, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs. The agreement shall— set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness; and be developed in consultation with Indian tribes. The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. The purposes of this part are— to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery; to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and to enhance the integration of programs under this Act with State and local programs. In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for— each of the covered programs in which the State participates; and such other programs as the Secretary may designate. After consultation with the Governor, a State educational agency that submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which the consolidated State plan or consolidated State application under this section applies. In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private agencies, organizations, and institutions, private schools, and parents, students, and teachers. Through the collaborative process described in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application. The Secretary shall require only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application. In order to simplify reporting requirements and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report. The report shall contain information about the programs included in the report, including the performance of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities. The report shall replace separate individual annual reports for the programs included in the consolidated State annual report. A State educational agency, in consultation with the Governor of the State, that submits a consolidated State plan or consolidated State application under this Act, whether separately or under section 5302, shall have on file with the Secretary a single set of assurances, applicable to each program for which the plan or application is submitted, that provides that— each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications; the control of funds provided under each such program and title to property acquired with program funds will be in a public agency, an eligible private agency, institution, or organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and the public agency, eligible private agency, institution, or organization, or Indian tribe will administer those funds and property to the extent required by the authorizing law; the State will adopt and use proper methods of administering each such program, including— the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs; the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials; the State will use such fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such program; the State will— make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties under each such program; and maintain such records, provide such information to the Secretary, and afford such access to the records as the Secretary may find necessary to carry out the Secretary’s duties; and before the plan or application was submitted to the Secretary, the State afforded a reasonable opportunity for public comment on the plan or application and considered such comment. Section 441 of the General Education Provisions Act shall not apply to programs under this Act. A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under those programs on a consolidated basis. The State educational agency shall make any consolidated local plans and applications available to the Governor. A State educational agency that has an approved consolidated State plan or application under section 5302 may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, but may not require those agencies to submit separate plans. A State educational agency, in consultation with the Governor, shall collaborate with local educational agencies in the State in establishing procedures for the submission of the consolidated State plans or consolidated State applications under this section. The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application. Any applicant, other than a State educational agency that submits a plan or application under this Act, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a plan or application is submitted, that provides that— each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications; the control of funds provided under each such program and title to property acquired with program funds will be in a public agency or in an eligible private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and the public agency, eligible private agency, institution, or organization, or Indian tribe will administer the funds and property to the extent required by the authorizing statutes; the applicant will adopt and use proper methods of administering each such program, including— the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials; the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program; the applicant will— submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such program; and maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. Section 442 of the General Education Provisions Act shall not apply to programs under this Act. A State educational agency, local educational agency, or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. Except as provided in subsection

(c)and subject to the limits in subsection (b)(5)(A), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. A State educational agency, local educational agency, or Indian tribe that desires a waiver under this section shall submit a waiver request to the Secretary, which shall include a plan that— identifies the Federal programs affected by the requested waiver; describes which Federal statutory or regulatory requirements are to be waived; reasonably demonstrates that the waiver will improve instruction for students and advance student academic achievement; describes the methods the State educational agency, local educational agency, or Indian tribe will use to monitor the effectiveness of the implementation of the plan; and describes how schools will continue to provide assistance to the same populations served by programs for which the waiver is requested. A waiver request under this section— may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and shall be developed and submitted— by local educational agencies (on behalf of those agencies and schools) to State educational agencies; and by State educational agencies (on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State) to the Secretary; or by Indian tribes (on behalf of schools operated by the tribes) to the Secretary. In the case of a waiver request submitted by a State educational agency acting on its own behalf, or on behalf of local educational agencies in the State, the State educational agency shall— provide the public and local educational agencies in the State with notice and a reasonable opportunity to comment and provide input on the request; submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public. In the case of a waiver request submitted by a local educational agency that receives funds under this Act— the request shall be reviewed by the State educational agency and be accompanied by the comments, if any, of the State educational agency and the public; and notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public. The Secretary shall establish a multi-disciplinary peer review team, which shall meet the requirements of section 5543, to review waiver requests under this section. The Secretary may approve a waiver request under this section without conducting a peer review of the request, but shall use the peer review process under this paragraph before disapproving such a request. Peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests— in their totality; in deference to State and local judgment; and with the goal of promoting State- and local-led innovation. The Secretary shall approve a waiver request not more than 60 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— the waiver request does not meet the requirements of this section; the waiver is not permitted under subsection (c); the plan that is required under paragraph (1)(C), and reviewed with deference to State and local judgment, provides no reasonable evidence to determine that a waiver will enhance student academic achievement; or the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— immediately— notify the State educational agency, local educational agency, or Indian tribe of such determination; and at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. The Secretary may disapprove a waiver request if— the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses

(i)and

(ii)of subparagraph (B); and the State educational agency, local educational agency, or Indian tribe— does not revise and resubmit the waiver request; or revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if requested. The Secretary shall not, directly or indirectly, require or impose new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this Act. The Secretary shall not waive under this section any statutory or regulatory requirements relating to— the allocation or distribution of funds to States, local educational agencies, Indian tribes, or other recipients of funds under this Act; comparability of services; use of Federal funds to supplement, not supplant, non-Federal funds; equitable participation of private school students and teachers; parental participation and involvement; applicable civil rights requirements; the prohibitions— in subpart 2 of part E; regarding use of funds for religious worship or instruction in section 5505; and regarding activities in section 5524; or the selection of a school attendance area or school under subsections

(a)and

(b)of section 1113, except that the Secretary may grant a waiver to allow a school attendance area or school to participate in activities under subpart 1 of part A of title I if the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections

(a)and

(b)of section 1113. Except as provided in paragraph (2), a waiver approved by the Secretary under this section may be for a period not to exceed 3 years. The Secretary may extend the period described in paragraph

(1)if the State demonstrates that— the waiver has been effective in enabling the State or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved student achievement; and the extension is in the public interest. The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to— include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or include in, or delete from, such waiver request any criterion that specifies, defines, describes, or prescribes the standards or measures that a State or local educational agency or Indian tribe uses to establish, implement, or improve— State academic standards; academic assessments; State accountability systems; or teacher and school leader evaluation systems. A State educational agency, local educational agency, or Indian tribe that receives a waiver under this section shall, at the end of the second year for which a waiver is received under this section and each subsequent year, submit a report to the Secretary that— describes the uses of the waiver by the agency or by schools; describes how schools continued to provide assistance to the same populations served by the programs for which waivers were granted; and evaluates the progress of the agency and schools, or Indian tribe, in improving the quality of instruction or the academic achievement of students. The Secretary shall annually 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 report— summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes, and schools; and describing the status of the waivers in improving academic achievement. The Secretary shall terminate a waiver under this section if the Secretary determines, after notice and an opportunity for a hearing, that the performance of the State or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, or if the waiver is no longer necessary to achieve its original purpose. A notice of the Secretary’s decision to grant each waiver under subsection

(a)shall be published in the Federal Register and the Secretary shall provide for the dissemination of the notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public. Except as otherwise provided in this Act, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials or their representatives, provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program. Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological. Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner. Expenditures for educational services and other benefits to eligible private school children, teachers, and other service personnel shall be equal to the expenditures for participating public school children, taking into account the number and educational needs, of the children to be served. Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— be obligated in the fiscal year for which the funds are received by the agency; and with respect to any such funds that cannot be so obligated, be used to serve such children in the following fiscal year. Each State educational agency shall— determine, in a timely manner, the proportion of funds to be allocated to each local educational agency in the State for educational services and other benefits under this subpart to eligible private school children; and provide notice, simultaneously, to each such local educational agency and the appropriate private school officials or their representatives in the State of such allocation of funds. An agency, consortium, or entity described in subsection (a)(1) of this section may provide those services directly or through contracts with public and private agencies, organizations, and institutions. This section applies to programs under— subpart 2 of part A of title I; subpart 4 of part A of title I; part A of title II; part B of title II; and part B of title III. For the purpose of this section, the term eligible children means children eligible for services under a program described in paragraph (1). To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult, in order to reach an agreement, with appropriate private school officials or their representatives during the design and development of the programs under this Act, on issues such as— how the children’s needs will be identified; what services will be offered; how, where, and by whom the services will be provided; how the services will be assessed and how the results of the assessment will be used to improve those services; the size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel and the amount of funds available for those services; how and when the agency, consortium, or entity will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials or their representatives on the provision of services through potential third-party providers or contractors; and how, if the agency disagrees with the views of the private school officials or their representatives on the provision of services through a contract, the local educational agency will provide in writing to such private school officials or their representatives an analysis of the reasons why the local educational agency has chosen not to use a contractor. If the agency, consortium, or entity disagrees with the views of the private school officials or their representatives with respect to an issue described in paragraph (1), the agency, consortium, or entity shall provide to the private school officials or their representatives a written explanation of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials or their representatives. The consultation required by paragraph

(1)shall occur before the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this section. The consultation required by paragraph

(1)shall include a discussion of service delivery mechanisms that the agency, consortium, or entity could use to provide equitable services to eligible private school children, teachers, administrators, and other staff. Each local educational agency shall maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials or their representatives of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials or their representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials or their representatives do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency. If the consultation required under this section is with a local educational agency or educational service agency, a private school official or representative shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consideration to the views of the private school official or representative, or did not treat the private school or its students equitably as required by this section. If the private school official or representative wishes to file a complaint, the private school official or representative shall provide the basis of the noncompliance with this section and all parties shall provide the appropriate documentation to the appropriate officials or representatives. A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and institutions, if— the appropriate private school officials or their representatives have— requested that the State educational agency provide such services directly; and demonstrated that the local educational agency or Education Service Agency involved has not met the requirements of this section; or in a case in which— a local educational agency has more than 10,000 children from low-income families who attend private elementary schools or secondary schools in such agency’s school attendance areas, as defined in section 1113(a)(2)(A), that are not being served by the agency’s program under this section; or 90 percent of the eligible private school students in a school attendance area, as defined in section 1113(a)(2)(A), are not being served by the agency’s program under this section. The control of funds used to provide services under this section, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer the funds and property. The provision of services under this section shall be provided— by employees of a public agency; or through contract by the public agency with an individual, association, agency, organization, or other entity. In the provision of those services, the employee, person, association, agency, organization, or other entity shall be independent of the private school and of any religious organization, and the employment or contract shall be under the control and supervision of the public agency. Funds used to provide services under this section shall not be commingled with non-Federal funds. If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participation, as required by section 5501, the Secretary shall— waive the requirements of that section for the agency, consortium, or entity; and arrange for the provision of equitable services to those children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 5501, 5503, and 5504. In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational personnel to participate in the program. The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 5501 by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days. The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal. No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States), nor shall anything in this Act be construed to authorize such officer or employee to do so. No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts, or other cooperative agreements, make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of specific instructional content, academic standards and assessments, curriculum, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), even if such requirements are specified in an Act other than this Act, nor shall anything in this Act be construed to authorize such officer or employee to do so. Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly – whether through a grant, contract, or cooperative agreement – to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. Nothing in this Act shall be construed to— authorize an officer or employee of the Federal Government directly or indirectly – whether through a grant, contract, or cooperative agreement – to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities; limit the application of the General Education Provisions Act; require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or create any legally enforceable right. Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test or testing materials in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. Subsection

(a)shall not apply to international comparative assessments developed under the authority of section 153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United States and in foreign nations. Notwithstanding any other provision of this Act or any other provision of law, no funds available to the Department or otherwise available under this Act may be used for any purpose relating to a mandatory nationwide test or certification of teachers or education paraprofessionals, including any planning, development, implementation, or administration of such test or certification. The Secretary is prohibited from withholding funds from any State educational agency or local educational agency if the State educational agency or local educational agency fails to adopt a specific method of teacher or paraprofessional certification. No funds under this Act may be used— for construction, renovation, or repair of any school facility, except as authorized under title IV or otherwise authorized under this Act; for medical services, drug treatment or rehabilitation, except for specialized instructional support services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs; for transportation unless otherwise authorized under this Act; to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual activity, whether homosexual or heterosexual; to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence; or to operate a program of contraceptive distribution in schools. A State shall not take into consideration payments under this Act (other than under title IV) in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act, each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2). A parent of a secondary school student may submit a written request, to the local educational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph

(1)without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student’s name, address, and telephone listing for such purposes without the prior written consent of the parent. Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A). Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided generally to institutions of higher education or to prospective employers of those students. Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A). For purposes of this subsection, whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student. The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of enactment of the Student Success Act, notify school leaders, school administrators, and other educators about the requirements of this section. The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school. The Secretary shall issue regulations under this Act as prescribed under section 1401 only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this Act. If the Secretary uses a peer review panel to evaluate an application for any program required under this Act, the Secretary shall conduct the panel in accordance with this section. The Secretary shall— solicit nominations for peers to serve on the panel from States that are— practitioners in the subject matter; or experts in the subject matter; and select the peers from such nominees, except that there shall be at least 75 percent practitioners on each panel and in each group formed from the panel. The Secretary shall issue the peer review guidance concurrently with the notice of the grant. The Secretary shall— make the names of the peer reviewers available to the public before the final deadline for the application of the grant; make the peer review notes publically available once the review has concluded; and make any deviations from the peer reviewers’ recommendations available to the public with an explanation of the deviation. An applicant shall have an opportunity within 30 days to review the peer review notes and appeal the score to the Secretary prior to the Secretary making any final determination. The Secretary, and the Secretary’s staff, may not attempt to participate in, or influence, the peer review process. No Federal employee may participate in, or attempt to influence the peer review process, except to respond to questions of a technical nature, which shall be publicly reported. Upon receipt of written notification from the parents or legal guardians of a student, the local educational agency shall withdraw such student from any program funded under part B of title III. The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under this Act, other than classroom instruction. If any provision of this Act is held invalid, the remainder of this Act shall be unaffected thereby. The Secretary shall— not later than 60 days after the date of the enactment of the Student Success Act, identify the number of Department employees who worked on or administered each education program and project authorized under this Act, as such program or project was in effect on the day before such enactment date, and publish such information on the Department’s website; not later than 60 days after such enactment date, identify the number of full-time equivalent employees who work on or administer programs or projects authorized under this Act, as in effect on the day before such enactment date, that have been eliminated or consolidated since such date; not later than 1 year after such enactment date, reduce the workforce of the Department by the number of full-time equivalent employees the Department calculated under paragraph (2); and not later than 1 year after such enactment date, report to the Congress on— the number of employees associated with each program or project authorized under this Act administered by the Department; the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects under paragraph (2); and how the Secretary reduced the number of employees at the Department under paragraph (3). Except as provided in subsections

(c)and (d), the Secretary may reserve not more than 0.5 percent of the amount appropriated to carry out each categorical program authorized under this Act. The reserved amounts shall be used by the Secretary, acting through the Director of the Institute of Education Sciences— to conduct— comprehensive evaluations of the program or project; and studies of the effectiveness of the program or project and its administrative impact on schools and local educational agencies; to evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; and to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, and use of information relating to performance under the program or project. The Secretary, acting through the Director of the Institute of Education Sciences, may use the reserved amount under subsection

(a)only after completion of a comprehensive, multi-year plan— for the periodic evaluation of each of the major categorical programs authorized under this Act, and as resources permit, the smaller categorical programs authorized under this Act; that shall be developed and implemented with the involvement of other officials at the Department, as appropriate; and that shall not be finalized until— the publication of a notice in the Federal Register seeking public comment on such plan and after review by the Secretary of such comments; and the plan is submitted for comment 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 and after review by the Secretary of such comments. The Secretary may not reserve under subsection

(a)funds appropriated to carry out any program authorized under title I. If, under any other provision of this Act (other than title I), funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program or project. . Sections 9504 through 9506 ( 20 U.S.C. 7884 ; 7885; 7886) are— transferred to title V, as amended by subsection

(a)of this section; inserted after section 5503 of such title; and redesignated as sections 5504 through 5506, respectively. Section 5504 (as so redesignated) is amended— in subsection (a)(1)(A), by striking section 9502 and inserting section 5502 ; in subsection (b), by striking section 9501 and inserting section 5501 ; and in subsection (d), by striking No Child Left Behind Act of 2001 and inserting Student Success Act . Sections 9531, 9533, and 9534 ( 20 U.S.C. 7911 ; 7913; 7914) are— transferred to title V, as amended by subparagraph

(A)of this paragraph; inserted after section 5525 of such title; and redesignated as sections 5526 through 5528, respectively. Section 5528 (as so redesignated) is amended— by striking

(a)and inserting In general.— Nothing Nothing ; and by striking subsection (b). Sections 9523, 9524, and 9525 ( 20 U.S.C. 7903 ; 7904; 7905) are— transferred to title V, as amended by subparagraph

(B)of this paragraph; inserted after section 5544 of such title; and redesignated as sections 5545 through 5547, respectively. Sections 4141 and 4155 ( 20 U.S.C. 7151 ; 7161) are— transferred to title V, as amended by paragraph

(1)of this subsection; inserted after section 5548 (as so redesignated by paragraph (1)(C)(iii) of this subsection); and redesignated as sections 5549 and 5550, respectively.

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