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Code · BILL · 114th Congress · S. 1177 (Placed on Calendar Senate) — To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves. · Sec. 1004

Sec. 1004. Basic program requirements

18,701 words·~85 min read·/bill/114/s/1177/pcs/section-1004

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

Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) is amended— by striking sections 1111 through 1117 and inserting the following: For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency with timely and meaningful consultation with the Governor, local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators, other staff, and parents, that— is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D.
Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act; and describes how the State will implement evidence-based strategies for improving student achievement under this title and disseminate that information to local educational agencies.
A State plan submitted under paragraph
(1)may be submitted as part of a consolidated plan under section 9302. The Secretary shall— establish a peer-review process to assist in the review of State plans; establish multidisciplinary peer review teams and appoint members of such teams that— are representative of teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and individuals and researchers with practical experience in implementing academic standards, assessments, or accountability systems, and meeting the needs of disadvantaged students, children with disabilities, students who are English learners, the needs of low-performing schools, and other educational needs of students; include a balanced representation of individuals who have practical experience in the classroom, school administration, or State or local government, such as direct employees of a school, local educational agency, or State educational agency within the preceding 5 years; and represent a regionally diverse cross-section of States; make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who will review State plans under this section; ensure that the peer review teams are comprised of varied individuals so that the same peer reviewers are not reviewing all of the State plans; and deem a State plan as approved within 90 days of its submission unless the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of this section. The peer-review process shall be designed to— maximize collaboration with each State; promote effective implementation of the challenging State academic standards through State and local innovation; and provide publicly available, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans. Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan. Nothing in this paragraph shall be construed as prohibiting the Secretary from appointing an individual to serve as a peer reviewer on more than one peer review team under subparagraph
(A)or to review more than one State plan. If the Secretary determines that a State plan does not meet the requirements of this subsection or subsection
(b)or (c), the Secretary shall, prior to declining to approve the State plan— immediately notify the State of such determination; provide a detailed description of the specific requirements of this subsection or subsection
(b)or
(c)of the State plan that the Secretary determines fails to meet such requirements; provide all peer review comments, suggestions, recommendations, or concerns in writing to the State; offer the State an opportunity to revise and resubmit its plan within 60 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of this section; provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection
(b)or (c); and conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing, unless the State declines the opportunity for such public hearing. The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and— the State does not revise and resubmit its plan; or the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(F), if applicable. The Secretary shall not have the authority to require a State, as a condition of approval of the State plan or revisions or amendments to the State plan, to— include in, or delete from, such plan 1 or more specific elements of the challenging State academic standards; use specific academic assessment instruments or items; set specific State-designed annual goals or specific timelines for such goals for all students or each of the categories of students, as defined in subsection (b)(3)(A); assign any specific weight or specific significance to any measures or indicators of student academic achievement or growth within State-designed accountability systems; include in, or delete from, such a plan any criterion that specifies, defines, or prescribes— the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; the specific types of academic assessments or assessment items that States and local educational agencies use to meet the requirements of this part; any requirement that States shall measure student growth, the specific metrics used to measure student academic growth if a State chooses to measure student growth, or the specific indicators or methods to measure student readiness to enter postsecondary education or the workforce; any specific benchmarks, targets, goals, or metrics to measure nonacademic measures or indicators; the specific weight or specific significance of any measure or indicator of student academic achievement within State-designed accountability systems; the specific annual goals States establish for student academic achievement or high school graduation rates, as described in subclauses
(I)and
(II)of subsection (b)(3)(B)(i); any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or require data collection beyond data derived from existing Federal, State, and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under Federal law. All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the website of the Department, including— plans submitted or resubmitted by a State; peer-review comments; State plan determinations by the Secretary, including approvals or disapprovals; and notices and transcripts of public hearings under this section. Each State plan shall— remain in effect for the duration of the State’s participation under this part or 7 years, whichever is shorter; and be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards, new academic assessments, or changes to its accountability system under subsection (b)(3), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan. The Secretary shall review the information submitted under clause
(i)and approve or disapprove changes to the State plan within 90 days in accordance with paragraphs
(4)through
(6)without undertaking the peer-review process under paragraph (3). If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply. A State educational agency shall submit a revised plan every 7 years subject to the peer-review process under paragraph (3). The Secretary shall not have the authority to place any new conditions, requirements, or criteria for approval of a plan submitted for renewal under subparagraph
(C)that are not otherwise authorized under this part. If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. Each State shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as challenging State academic standards ), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary. Except as provided in subparagraph (E), the standards required by subparagraph
(A)shall be the same standards that the State applies to all public schools and public school students in the State. The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all public school students in the State. Each State shall demonstrate that the challenging State academic standards are aligned with— entrance requirements, without the need for academic remediation, for the system of public higher education in the State; relevant State career and technical education standards; and relevant State early learning guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards— are aligned with the challenging State academic content standards under subparagraph (A); promote access to the general curriculum, consistent with the purposes of the Individuals with Disabilities Education Act, as stated in section 601(d) of such Act; reflect professional judgment of the highest achievement standards attainable by those students; are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act for each such student as the academic achievement standards that will be used for the student; and are aligned to ensure that a student who meets the alternate academic achievement standards is on track for further education or employment. A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). Each State plan shall demonstrate that the State has adopted English language proficiency standards that are aligned with the challenging State academic standards under subparagraph (A). Such standards shall— ensure proficiency in each of the domains of speaking, listening, reading, and writing; address the different proficiency levels of children who are English learners; and be aligned with the challenging State academic standards in reading or language arts, so that achieving proficiency in the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards. A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval. The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State. Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Achieves Act of 2015 . Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality statewide academic assessments that— includes, at a minimum, academic statewide assessments in mathematics, reading or language arts, and science; and meets the requirements of subparagraph (B). The assessments under subparagraph
(A)shall— except as provided in subparagraph (D), be— the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and administered to all public elementary school and secondary school students in the State; be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level; be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, and objectively measure academic achievement, knowledge, and skills; be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which is made public, including on the website of the State educational agency; measure the annual academic achievement of all students against the challenging State academic standards in, at a minimum, mathematics and reading or language arts, and be administered— in each of grades 3 through 8; and at least once in grades 9 through 12; and measure the academic achievement of all students against the challenging State academic standards in science, and be administered not less than one time, during— grades 3 through 5; grades 6 through 9; and grades 10 through 12; involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; provide for— the participation in such assessments of all students; the appropriate accommodations for children with disabilities and students with a disability who are provided accommodations under another Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards; the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(F); at the State’s choosing— be administered through a single summative assessment; or be administered through multiple statewide assessments during the course of the year if the State can demonstrate that the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student achievement or growth; notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with challenging State academic achievement standards, and that are provided to parents, teachers, principals, and other school leaders as soon as is practicable after the assessment is given, in an understandable and uniform format, and, to the extent practicable, in a language that the parents can understand; enable results to be disaggregated within each State, local educational agency, and school, by— each major racial and ethnic group; economically disadvantaged students as compared to students who are not economically disadvantaged; children with disabilities as compared to children without disabilities; English proficiency status; gender; and migrant status; enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and be developed, to the extent practicable, using the principles of universal design for learning. Notwithstanding subparagraph (B)(xi), the disaggregated results of assessments shall not be required in the case of a local educational agency or school if— the number of students in a category described under subparagraph (B)(xi) is insufficient to yield statistically reliable information; or the results would reveal personally identifiable information about an individual student. A State may provide for alternate assessments aligned with the challenging State academic content standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— ensures that for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject; establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, individually for each subject, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, parents are involved in the decision to use the alternate assessment for their child; ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, students with the most significant cognitive disabilities are involved in and make progress in the general education curriculum; describes in the State plan the appropriate accommodations provided to ensure access to the alternate assessment; describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments; ensures that general and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, to children with disabilities; develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities participating in academic instruction and assessments and increase the number of students with significant cognitive disabilities who are tested against challenging State academic achievement standards; and ensures that students who take alternate assessments based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular high school diploma. In determining the achievement of students in the State accountability system, a State educational agency shall include, for all schools in the State, the performance of the State’s students with the most significant cognitive disabilities on alternate assessments as described in this subparagraph in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of clause (i)(I). If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which— meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and are applicable to all students served by each such local educational agency. Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as necessary. Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency, which is valid, reliable, and consistent with relevant nationally recognized professional and technical testing standards measuring students’ speaking, listening, reading, and writing skills in English, of all children who are English learners in the schools served by the State educational agency. A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $378,000,000. Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes. Except as provided in clause (ii), nothing in this paragraph shall be construed to prohibit a State from developing and administering computer adaptive assessments as the assessments described in this paragraph, as long as the computer adaptive assessments— meet the requirements of this paragraph; and assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing above or below the student’s grade level. In developing and administering computer adaptive assessments as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments— meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing at the student’s grade level. Nothing in this part shall be construed as preempting a State or local law regarding the decision of a parent or guardian to not have the parent or guardian's child participate in the statewide academic assessments under this paragraph. In this paragraph, the term category of students means— economically disadvantaged students; students from major racial and ethnic groups; children with disabilities; and English learner students. Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following: Annually establishes State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following: Academic achievement, which may include student growth, on the State assessments under paragraph (2). High school graduation rates, including— the 4-year adjusted cohort graduation rate; and at the State’s discretion, the extended-year adjusted cohort graduation rate. Annually measures and reports on the following indicators: The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause
(i)and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2), which may include measures of student academic growth to such standards. The academic success of all public school students in all public schools and local educational agencies in the State, that is with respect to— elementary schools and secondary schools that are not high schools, an academic indicator, as determined by the State, that is the same statewide for all public elementary school students and all students at such secondary schools, and each category of students; and high schools, the high school graduation rates of all public high school students in all public high schools in the State toward meeting the goals described in clause (i), for all students and for each of the categories of students, including the 4-year adjusted cohort graduation rate and at the State’s discretion, the extended-year adjusted cohort graduation rate. English language proficiency of all English learners in all public schools and local educational agencies, which may include measures of student growth. Not less than one other valid and reliable indicator of school quality, success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of— student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation; student engagement, such as attendance rates and chronic absenteeism; educator engagement, such as educator satisfaction (including working conditions within the school), teacher quality and effectiveness, and teacher absenteeism; results from student, parent, and educator surveys; school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions; student access to or success in advanced coursework or educational programs or opportunities; and any other State-determined measure of school quality or student success. Establishes a system of annually identifying and meaningfully differentiating among all public schools in the State, which shall— be based on all indicators in the State’s accountability system for all students and for each of the categories of students; and use the indicators described in subclauses
(I)and
(II)of clause
(ii)as substantial factors in the annual identification of schools, and the weight of such factors shall be determined by the State. For public schools receiving assistance under this part, meets the requirements of section 1114. Provides a clear and understandable explanation of the method of identifying and meaningfully differentiating schools under clause (iii). Measures the annual progress of not less than 95 percent of all students, and students in each of the categories of students, who are enrolled in the school and are required to take the assessments under paragraph
(2)and provides a clear and understandable explanation of how the State will factor this requirement into the State-designed accountability system determinations. A State may choose to— exclude a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months from one administration of the reading or language arts assessment required under paragraph (2); exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and include the results on the assessments under paragraph (2), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 2 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system. The accountability provisions under this title shall be overseen for charter schools in accordance with State charter school law. Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes— the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; the specific types of academic assessments or assessment items that States or local educational agencies use to meet the requirements of paragraph (2)(B) or otherwise use to measure student academic achievement or student growth; the specific goals that States establish within State-designed accountability systems for all students and for each of the categories of students, as defined in paragraph (3)(A), for student academic achievement or high school graduation rates, as described in subclauses
(I)and
(II)of paragraph (3)(B)(i); any requirement that States shall measure student growth or the specific metrics used to measure student academic growth if a State chooses to measure student growth; the specific indicator under paragraph (3)(B)(ii)(II)(aa), or any indicator under paragraph (3)(B)(ii)(IV), that a State must use within the State-designed accountability system; setting specific benchmarks, targets, or goals, for any other measures or indicators established by a State under subclauses
(III)and
(IV)of paragraph (3)(B)(ii), including progress or growth on such measures or indicators; the specific weight or specific significance of any measures or indicators used to measure, identify, or differentiate schools in the State-determined accountability system, as described in clauses
(ii)and
(iii)of paragraph (3)(B); the terms meaningfully or substantially as used in this part; the specific methods used by States and local educational agencies to identify and meaningfully differentiate among public schools; any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or indicators or measures of teacher, principal, or other school leader effectiveness or quality. Each State plan shall describe— with respect to any accountability provisions under this part that require disaggregation of information by each of the categories of students, as defined in subsection (b)(3)(A)— the minimum number of students that the State determines are necessary to be included in each such category of students to carry out such requirements and how that number is statistically sound; how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when setting the minimum number; and how the State ensures that such minimum number does not reveal personally identifiable information about students; the State educational agency’s system to monitor and evaluate the intervention and support strategies implemented by local educational agencies in schools identified as in need of intervention and support under section 1114, including the lowest-performing schools and schools identified for other reasons, including schools with categories of students, as defined in subsection (b)(3)(A), not meeting the goals described in subsection (b)(3)(B)(i), and the steps the State will take to further assist local educational agencies, if such strategies are not effective; in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs; in the case of a State that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the State educational agency will assist local educational agencies in the development, implementation, and coordination of such activities and services with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; how the State educational agency will provide support to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and inexperienced teachers, principals, or other school leaders, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description; how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F), however nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system; how the State educational agency will protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of seclusion and restraint or disproportionality in rates of seclusion and restraint; how the State educational agency will address school discipline issues, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of exclusionary discipline or disproportionality in rates of exclusionary discipline; how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism; how the State determines, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, the timelines and annual goals for progress necessary to move English learners from the lowest levels of English proficiency to the State-defined proficient level in a State-determined number of years, including an assurance that such goals will be based on students’ initial language proficiency when first identified as an English learner and may take into account the amount of time that an individual child has been enrolled in a language program and grade level; the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) to improve the educational stability of children or youth in foster care, including an assurance that— any such child or youth is immediately enrolled in a school, even if the child or youth is unable to produce records normally required for enrollment; and the enrolling school shall immediately contact the school last attended by any such child or youth to obtain relevant academic and other records; and any other information on how the State proposes to use funds under this part to meet the purposes of this part, and that the State determines appropriate to provide, which may include how the State educational agency will— assist local educational agencies in identifying and serving gifted and talented students; and encourage the offering of a variety of well-rounded education experiences to students. Each State plan shall provide an assurance that— the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section; the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1115; the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations, such as educational service agencies, or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools; the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process; the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; the State educational agency has involved the committee of practitioners established under section 1503(b) in developing the plan and monitoring its implementation; the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Child Achieves Act of 2015 ; and the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2). A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph. The State report card required under this paragraph shall be— concise; presented in an understandable and uniform format and, to the extent practicable, in a language that parents can understand; and widely accessible to the public, which shall include making the State report card, along with all local educational agency and school report cards required under paragraph (2), and the annual report to the Secretary under paragraph (5), available on a single webpage of the State educational agency’s website. No State report card required under this paragraph shall include any personally identifiable information about any student. Each such report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). Each State report card required under this subsection shall include the following information: A clear and concise description of the State’s accountability system under subsection (b)(3), including the goals for all students and for each of the categories of students, as defined in subsection (b)(3)(A), the indicators used in the accountability system to evaluate school performance described in subsection (b)(3)(B), and the weights of the indicators used in the accountability system to evaluate school performance. For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), homeless status, and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1). For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed. For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student— information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; and high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates. Information on indicators or measures of school quality, climate and safety, and discipline, including the rates of in-school suspensions, out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, chronic absenteeism, and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey. The minimum number of students that the State determines are necessary to be included in each of the categories of students, as defined in subsection (b)(3)(A), for use in the accountability system under subsection (b)(3). The professional qualifications of teachers, principals, and other school leaders in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in each quartile based on school poverty level, and high–minority and low–minority schools in the State) on the number, percentage, and distribution of— inexperienced teachers, principals, and other school leaders; teachers teaching with emergency or provisional credentials; teachers who are not teaching in the subject or field for which the teacher is certified or licensed; teachers, principals, and other school leaders who are ineffective, as determined by the State, using the methods or criteria under subsection (c)(1)(G); and the annual retention rates of effective and ineffective teachers, principals, and other school leaders, as determined by the State, using the methods or criteria under subsection (c)(1)(G). Information on the performance of local educational agencies and schools in the State, including the number and names of each school identified for intervention and support under section 1114. For a State that implements a teacher, principal, and other school leader evaluation system consistent with title II, the evaluation results of teachers, principals, and other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders. The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year. The number and percentages of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject. Information on the acquisition of English language proficiency by students who are English learners. Information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey that includes— the number and percentage of— students enrolled in gifted and talented programs; students enrolled in rigorous coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment and early college high schools; and children enrolled in preschool programs; the average class size, by grade; and any other indicators determined by the State. The number and percentage of students attaining career and technical proficiencies, as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 and reported by States only in a manner consistent with section 113(c) of that Act. Results on the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 for the State, compared to the national average. Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the annual State goals established under subsection (b)(3)(B). Information regarding the number of military-connected students (which, for purposes of this clause, shall mean students with parents who serve in the uniformed services, including the National Guard and Reserves), and information regarding the academic achievement of such students, except that such information shall not be used for school or local educational agency accountability purposes under sections 1111(b)(3) and 1114. Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools. Nothing in clause
(v)or
(xiii)of subparagraph
(C)shall be construed as requiring a State to report any data that are not otherwise required or voluntarily submitted to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department. If, at any time after the date of enactment of the Every Child Achieves Act of 2015, the Civil Rights Data Collection biennial survey is no longer conducted by the Office for Civil Rights of the Department, a State educational agency shall still include the information under clauses
(v)and
(xiii)of subparagraph
(C)in the State report card under this paragraph in the same manner that such information is presented on such survey. A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes— information on such agency as a whole; and for each school served by the agency, a school report card that meets the requirements of this paragraph. No local educational agency report card required under this paragraph shall include any personally identifiable information about any student. Each local educational agency report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). Each local educational agency report card shall be— concise; presented in an understandable and uniform format, and to the extent practicable in a language that parents can understand; and accessible to the public, which shall include— placing such report card on the website of the local educational agency and on the website of each school served by the agency; and in any case in which a local educational agency or school does not operate a website, providing the information to the public in another manner determined by the local educational agency. Each local educational agency report card required under this paragraph shall include— the information described in paragraph (1)(C), disaggregated in the same manner as under paragraph (1)(C), except for clause
(xv)of such paragraph, as applied to the local educational agency, and each school served by the local educational agency, including— in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; and in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; any information required by the State under paragraph (1)(C)(xviii); and any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card. Except as provided in clause (ii), a local educational agency shall— publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools; and make the information widely available through public means, including through electronic means, including posting in an easily accessible manner on the local educational agency’s website, except in the case in which an agency does not operate a website, such agency shall determine how to make the information available, such as through distribution to the media, and distribution through public agencies. If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report. A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Achieves Act of 2015 , may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection. Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— information on student achievement on the academic assessments described in subsection (b)(2) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), including— the percentage of students who achieved at each level of achievement the State has set in subsection (b)(1); the percentage of students who did not meet the annual State goals set in subsection (b)(3)(B); and if applicable, the percentage of students making at least one year of academic growth over the school year, as determined by the State; the percentage of students assessed and not assessed on the academic assessments described in subsection (b)(2) for all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi); for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A)— information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates; and information on each State-determined indicator of school quality, success, or student support under subsection (b)(3)(B)(ii)(IV) selected by the State in the State accountability system; information on the acquisition of English language proficiency by students who are English learners; the per-pupil expenditures of Federal, State, and local funds, including actual staff personnel expenditures and actual nonpersonnel expenditures, disaggregated by source of funds for each school served by the agency for the preceding fiscal year; the number and percentage of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject; the number and names of the schools identified as in need of intervention and support under section 1114, and the school intervention and support strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; the number of students and schools that participated in public school choice under section 1114(b)(4); information on the quality and effectiveness of teachers for each quartile of schools based on the school’s poverty level and high–minority and low–minority schools in the local educational agencies in the State, including the number, percentage, and distribution of— inexperienced teachers; teachers who are not teaching in the subject or field for which the teacher is certified or licensed; and teachers who are not effective, as determined by the State if the State has a statewide teacher, principal, or other school leader evaluation system; and if the State has a statewide teacher, principal, or other school leader evaluation system, information on the results of such teacher, principal, or other school leader evaluation systems that does not reveal personally identifiable information. A State educational agency or local educational agency shall only include in its annual report card described under paragraphs
(1)and
(2)data that are sufficient to yield statistically reliable information, and that do not reveal personally identifiable information about an individual student, teacher, principal, or other school leader. In carrying out this subsection, student education records shall not be released without written consent consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only. Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall— analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; analyze data from the National Assessment of Educational Progress and comparable international assessments; identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A); analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school level spending, and other financial data publicly available, and report on current trends and major findings; and analyze information on the teaching, principal, and other school leader professions, including education and training, retention and mobility, and effectiveness in improving student achievement. The information used to prepare the report described in subparagraph
(A)shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. The Secretary may identify and publicly recognize States, local educational agencies, schools, programs, and individuals for exemplary performance. Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, challenging State academic standards, and accountability systems required under this section. The Secretary shall be prohibited from requiring or coercing a State to enter into a voluntary partnership described in paragraph (1), including— as a condition of approval of a State plan under this section; as a condition of an award of Federal funds under any grant, contract, or cooperative agreement; as a condition of approval of a waiver under section 9401; or by providing any priority, preference, or special consideration during the application process under any grant, contract, or cooperative agreement. In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply: Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that— is developed with timely and meaningful consultation with teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part; satisfies the requirements of this section; and as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act. The plan may be submitted as part of a consolidated application under section 9305. Each local educational agency plan shall be filed according to a schedule established by the State educational agency. The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan meets the requirements of this part and enables children served under this part to meet the challenging State academic standards described in section 1111(b)(1). Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Achieves Act of 2015 and shall remain in effect for the duration of the agency’s participation under this part. Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part. A local educational agency that desires to continue participating in a program under this part shall submit a renewed plan on a periodic basis, as determined by the State. To ensure that all children receive a high-quality education that prepares them for postsecondary education or the workforce without the need for postsecondary remediation, and to close the achievement gap between children meeting the challenging State academic standards and those who are not, each local educational agency plan shall describe— how the local educational agency will work with each of the schools served by the agency so that students meet the challenging State academic standards by— developing and implementing a comprehensive program of instruction to meet the academic needs of all students; identifying quickly and effectively students who may be at risk for academic failure; providing additional educational assistance to individual students determined as needing help in meeting the challenging State academic standards; identifying significant gaps in student academic achievement and graduation rates between each of the categories of students, as defined in section 1111(b)(3)(A), and developing strategies to reduce such gaps in achievement and graduation rates; and identifying and implementing evidence-based methods and instructional strategies intended to strengthen the academic program of the school and improve school climate; how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, if applicable, especially for students not meeting the challenging State academic standards; how the local educational agency will— ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; and identify and address, as required under State plans as described in section 1111(c)(1)(F), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, and out-of-field teachers; the actions the local educational agency will take to assist schools identified as in need of intervention and support under section 1114, including the lowest-performing schools in the local educational agency, and schools identified for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B), to improve student academic achievement, the funds used to conduct such actions, and how such agency will monitor such actions; the poverty criteria that will be used to select school attendance areas under section 1113; the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(4)(A)(i); the strategy the local educational agency will use to implement effective parent and family engagement under section 1115; if applicable, how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, such as Head Start programs, the literacy program under part D of title II, State-funded preschool programs, and other community-based early childhood education programs, including plans for the transition of participants in such programs to local elementary school programs; how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, tribal, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Workforce Innovation and Opportunity Act, the McKinney-Vento Homeless Assistance Act, and the Education Sciences Reform Act of 2002, violence prevention programs, nutrition programs, and housing programs; how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1113, will identify the eligible children most in need of services under this part; in the case of a local educational agency that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the local educational agency will provide such activities and services and coordinate them with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths consistent with the requirements of the McKinney-Vento Homeless Assistance Act and the services the local educational agency will provide homeless children and youths; how the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education; how the local educational agency will address school discipline issues, which may include identifying and supporting schools with significant discipline disparities, or high rates of discipline, disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A), including by providing technical assistance on effective strategies to reduce such disparities and high rates; how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools; and any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will— assist schools in identifying and serving gifted and talented students; and encourage the offering of a variety of well-rounded education experiences to students. Each local educational agency plan shall provide assurances that the local educational agency will— ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1116, and timely and meaningful consultation with private school officials regarding such services; participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; and coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program. At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following: Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. The field of discipline of the certification of the teacher. Whether the child is provided services by paraprofessionals and, if so, their qualifications. In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. Each local educational agency using funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a child who is an English learner identified for participation or participating in such a program, of— the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for children who are English learners, and the expected rate of graduation from high school (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act; and information pertaining to parental rights that includes written guidance— detailing the right that parents have to have their child immediately removed from such program upon their request; detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). Each local educational agency receiving funds under this part and title III shall implement an effective means of outreach to parents of children who are English learners to inform the parents how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part and title III. A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. A local educational agency shall use funds received under this part only in eligible school attendance areas. In this part— the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. Except as provided in clause (ii), if funds allocated in accordance with paragraph
(3)are insufficient to serve all eligible school attendance areas, a local educational agency shall— annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and serve such eligible school attendance areas in rank order. Nothing in this subparagraph shall be construed as requiring a local educational agency to reduce, in order to comply with clause (i), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the date of enactment of the Every Child Achieves Act of 2015 in order to provide funding under this part to high schools pursuant to clause (i). If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall— annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. Except as provided in clause (ii), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program established under title XIX of the Social Security Act, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— to identify eligible school attendance areas; to determine the ranking of each area; and to determine allocations under paragraph (3). For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— the calculation described under clause (i); or an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under clause
(i)that feed into the secondary school to the number of students enrolled in such school. This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph
(3)and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. Notwithstanding paragraph (1)(B), a local educational agency may— designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— the school meets the comparability requirements of section 1117(c); the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and the funds expended from such other sources equal or exceed the amount that would be provided under this part. Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs
(1)and
(2)in rank order, on the basis of the total number of children from low-income families in each area or school. Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph
(A)shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. A local educational agency may reduce the amount of funds allocated under clause
(i)for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section. A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— homeless children, including providing educationally related support services to children in shelters and other locations where children may live; children in local institutions for neglected children; and if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. Funds reserved under subparagraph (A)(i) may be— determined based on a needs assessment of homeless children and youths in the local educational agency, as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; and used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act; and transportation pursuant to section 722(g)(1)(J)(iii) of such Act. A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. For each school that will receive funds under this part, the local educational agency shall determine whether the school shall operate a schoolwide program consistent with subsection
(c)or a targeted assistance school program consistent with subsection (d). The determination under paragraph
(1)shall be— based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards under section 1111(b)(1), particularly the needs of those children failing or are at-risk of failing to meet the challenging State academic standards and any other factors as determined by the local educational agency; and conducted with the participation of individuals who would carry out the schoolwide plan, including those individuals under subsection (c)(2)(B). The needs assessment under paragraph
(2)may be undertaken as part of other related needs assessments under this Act. A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if— the local educational agency in which the school is located allows such school to do so; and the results of the comprehensive needs assessment conducted under subsection (b)(2) determine a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. An eligible school operating a schoolwide program shall develop a comprehensive plan, in consultation with the local educational agency, tribes and tribal organizations present in the community, and other individuals as determined by the school, that— is developed during a 1-year period, unless— the local educational agency determines in consultation with the school that less time is needed to develop and implement the schoolwide program; or the school is operating a schoolwide program on the day before the date of enactment of the Every Child Achieves Act of 2015 , in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, and students; remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure students are meeting the challenging State academic standards; is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; if appropriate and applicable, developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and interventions and supports for schools identified as in need of intervention and support under section 1114; and includes a description of— the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); the strategies that the school will be implementing to address school needs, including a description of how such strategies will— provide opportunities for all children, including each of the categories of students, as defined in section 1111(b)(3)(A), to meet the challenging State academic standards under section 1111(b)(1); use evidence-based methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum; address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, which may include— counseling, specialized instructional support services, and mentoring services; preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs; implementation of a schoolwide multi-tiered system of supports, including positive behavioral interventions and supports and early intervening services, including through coordination with such activities and services carried out under the Individuals with Disabilities Education Act; implementation of supports for teachers and other school personnel, which may include professional development and other activities to improve instruction, activities to recruit and retain effective teachers, particularly in high-need schools, and using data from academic assessments under section 1111(b)(2) and other formative and summative assessments to improve instruction; programs, activities, and courses in the core academic subjects to assist children in meeting the challenging State academic standards; and other strategies to improve student’s academic and nonacademic skills essential for success; and be monitored and improved over time based on student needs, including increased supports for those students who are lowest-achieving; if programs are consolidated, a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and if appropriate, how funds will be used to establish or enhance early childhood education programs for children who are aged 5 or younger, including how programs will help transition such children to local elementary school programs. No school participating in a schoolwide program shall be required to identify— particular children under this part as eligible to participate in a schoolwide program; or individual services as supplementary. In accordance with the method of determination described in section 1117, a school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1117), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. A school that chooses to consolidate and use funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. A school that operates a schoolwide program under this subsection may use funds made available under this part to establish, expand, or enhance preschool programs for children aged 5 or younger. Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines the school shall operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph
(3)who are identified as having the greatest need for special assistance. Each school operating a targeted assistance school program shall develop a plan, in consultation with the local educational agency and other individuals as determined by the school, that includes— a description of the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); a description of the process for determining which students will be served and the students to be served; a description of how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; a description of how the program will serve participating students identified under subparagraph (B), including by— using resources under this part, such as support for programs, activities, and courses in core academic subjects to help participating children meet the challenging State academic standards; using methods and instructional strategies that are evidence-based to strengthen the core academic program of the school and that may include— expanded learning time, before- and after-school programs, and summer programs and opportunities; or a multi-tiered system of supports, positive behavioral interventions and supports, and early intervening services; coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under part D of title II, or State-run preschool programs to elementary school programs; supporting effective teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with participating children in programs under this subsection or in the regular education program with resources provided under this part, and, to the extent practicable, from other sources, through professional development; implementing strategies to increase parental involvement of parents of participating children in accordance with section 1115; and if applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education, and intervention and supports in schools identified as in need of intervention and support under section 1114; and assurances that the school will— help provide an accelerated, high-quality curriculum; minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. The eligible population for services under this subsection shall be— children not older than age 21 who are entitled to a free public education through grade 12; and children who are not yet at a grade level at which the local educational agency provides a free public education. From the population described in clause (i), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school. Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English learners, are eligible for services under this subsection on the same basis as other children selected to receive services under this subsection. A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under part D of title II, or in preschool services under this title, is eligible for services under this subsection. A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this subsection. A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this subsection. A child who is homeless and attending any school served by the local educational agency is eligible for services under this subsection. Funds received under this subsection may not be used to provide services that are otherwise required by law to be made available to children described in subparagraph
(B)but may be used to coordinate or supplement such services. To promote the integration of staff supported with funds under this subsection into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this subsection may— participate in general professional development and school planning activities; and assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. Nothing in this subsection shall be construed to prohibit a school from serving students under this subsection simultaneously with students with similar educational needs, in the same educational settings where appropriate. If health, nutrition, and other social services are not otherwise available to eligible children in a school operating a targeted assistance school program and such school, if appropriate, has established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this subsection may be used to provide such services, including through— the provision of basic medical equipment and services, such as eyeglasses and hearing aids; compensation of a coordinator; family support and engagement services; health care services and integrated student supports to address the physical, mental, and emotional well-being of children; and professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment under subsection (b)(2) or a plan under subsection
(c)or
(d)for review or approval by the Secretary. Each State educational agency receiving funds under this part shall use the system designed by the State under section 1111(b)(3) to annually— identify the public schools that receive funds under this part and are in need of intervention and support using the method established by the State in section 1111(b)(3)(B)(iii); require for inclusion— on each local educational agency report card required under section 1111(d), the names of schools served by the agency identified under subparagraph (A); and on each school report card required under section 1111(d), whether the school was identified under subparagraph (A); ensure that all public schools that receive funds under this part and are identified as in need of intervention and support under subparagraph (A), implement an evidence-based intervention or support strategy designed by the State or local educational agency described in subparagraph
(A)or
(B)of subsection (b)(3); prioritize intervention and supports in the identified schools most in need of intervention and support, as determined by the State, using the results of the accountability system under 1111(b)(3)(B)(iii); and monitor and evaluate the implementation of school intervention and support strategies by local educational agencies, including in the lowest-performing elementary schools and secondary schools in the State, and use the results of the evaluation to take appropriate steps to change or improve interventions or support strategies as necessary. The State educational agency shall— make technical assistance available to local educational agencies that serve schools identified as in need of intervention and support under paragraph (1)(A); if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law to assist the local educational agency and ensure that such local educational agency is carrying out its responsibilities; inform local educational agencies of schools identified as in need of intervention and support under paragraph (1)(A) in a timely and easily accessible manner that is before the beginning of the school year; and publicize and disseminate to the public, including teachers, principals and other school leaders, and parents, the results of the State review under paragraph (1). Each local educational agency with a school identified as in need of intervention and support under subsection (a)(1)(A) shall, in consultation with teachers, principals and other school leaders, school personnel, parents, and community members— conduct a review of such school, including by examining the indicators and measures included in the State-determined accountability system described in section 1111(b)(3)(B) to determine the factors that led to such identification; conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school; develop and implement appropriate intervention and support strategies, as described in paragraph (3), that are proportional to the identified needs of the school, for assisting the identified school; develop a rigorous comprehensive plan that will be publicly available and provided to parents, for ensuring the successful implementation of the intervention and support strategies described in paragraph
(3)in identified schools, which may include— technical assistance that will be provided to the school; improved delivery of services to be provided by the local educational agency; increased support for stronger curriculum, program of instruction, wraparound services, or other resources provided to students in the school; any changes to personnel necessary to improve educational opportunities for children in the school; redesigning how time for student learning or teacher collaboration is used within the school; using data to inform instruction for continuous improvement; providing increased coaching or support for principals and other school leaders and teachers; improving school climate and safety; providing ongoing mechanisms for family and community engagement to improve student learning; and establishing partnerships with entities, including private entities with a demonstrated record of improving student achievement, that will assist the local educational agency in fulfilling its responsibilities under this section; and collect and use data on an ongoing basis to monitor the results of the intervention and support strategies and adjust such strategies as necessary during implementation in order to improve student academic achievement. A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) in an easily accessible and understandable form and, to the extent practicable, in a language that parents can understand— an explanation of what the identification means, and how the school compares in terms of academic achievement and other measures in the State accountability system under section 1111(b)(3)(B) to other schools served by the local educational agency and the State educational agency involved; the reasons for the identification; an explanation of what the local educational agency or State educational agency is doing to help the school address student academic achievement and other measures, including a description of the intervention and support strategies developed under paragraph (1)(C) that will be implemented in the school; an explanation of how the parents can become involved in addressing academic achievement and other measures that caused the school to be identified; and an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable. Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop and implement evidence-based intervention and support strategies for an identified school that the local educational agency determines appropriate to address the needs of students in such identified school, which shall— be designed to address the specific reasons for identification, as described in subparagraphs
(A)and
(B)of paragraph (1); be implemented, at a minimum, in a manner that is proportional to the specific reasons for identification, as described in subparagraphs
(A)and
(B)of paragraph (1); and distinguish between the lowest-performing schools and other schools identified as in need of intervention and support for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B)(i), as determined by the review in subparagraphs
(A)and
(B)of paragraph (1). Consistent with State law, a State educational agency may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified as in need of intervention and support under subsection (a)(1)(A), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). A local educational agency may provide all students enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school. A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes— any school intervention or support strategy that States or local educational agencies shall use to assist schools identified as in need of intervention and support under this section; or the weight of any indicator or measure that a State shall use to identify schools under subsection (a). From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall award grants to States and the Bureau of Indian Education of the Department of the Interior, through an allotment as determined under subparagraph (B), to carry out the activities described in this subsection. From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year with an approved application, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under parts A, C, and D of this title for the most recent preceding fiscal year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under parts A, C, and D of this title for such most recent preceding fiscal year. A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of— the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest–performing schools under subsection (a)(1); the process and the criteria the State will use to determine whether the local educational agency’s proposal for serving each identified school meets the requirements of paragraph
(6)and other provisions of this section; how the State will ensure that local educational agencies conduct a comprehensive review of each identified school as required under subsection
(b)to identify evidence-based school intervention and support strategies that are likely to be successful in each particular school; how the State will ensure geographic diversity in making subgrants; how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest–performing schools under subsection (a)(1) that will use subgrants to serve such schools; how the State will monitor and evaluate the implementation of evidence-based school intervention and support strategies supported by funds under this subsection; and how the State will reduce barriers for schools in the implementation of school intervention and support strategies, including by providing operational flexibility that would enable complete implementation of the selected school improvement strategy. A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(2) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports. Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(2)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities. From the amounts awarded to a State under this subsection, the State educational agency shall allocate not less than 95 percent to make subgrants to local educational agencies, on a competitive basis, to serve schools identified as in need of intervention and support under subsection (a)(1)(A). The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years, which period may include a planning year. Subgrants awarded under this section shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention and support strategy. Nothing in this subsection shall be construed as prohibiting a State from allocating subgrants under this subsection to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools identified as in need of intervention and support under this section, if such entities are legally constituted or recognized as local educational agencies in the State. In order to receive a subgrant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— a description of the process the local educational agency has used for selecting an appropriate evidence-based school intervention and support strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school in accordance with subsection (b)(1) and meaningfully consulted with teachers, principals, and other school leaders in selecting such intervention and support strategy; the specific evidence-based school interventions and supports to be used in each school to be served, how these interventions and supports will address the needs identified in the review under subsection (b)(1), and the timeline for implementing such school interventions and supports in each school to be served; a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school intervention and support strategy; a description of how the local educational agency will— design and implement the selected school intervention and support strategy, in accordance with the requirements under subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation; use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner; align other Federal, State, and local resources with the intervention and support strategy to reduce duplication, increase efficiency, and assist identified schools in complying with reporting requirements of Federal and State programs; modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school intervention and support strategy; collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement; ensure that the implementation of the intervention and support strategy meets the needs of each of the categories of students, as defined in section 1111(b)(3)(A); provide information to parents, guardians, teachers, and other stakeholders about the effectiveness of implementation, to the extent practicable, in a language that the parents can understand; and sustain successful reforms and practices after the funding period ends; a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this subsection. A local educational agency that receives a subgrant under this subsection— shall use the subgrant funds to implement evidence-based school intervention and support strategies in schools identified as in need of intervention and support under subsection (a)(1)(A); and may use the subgrant funds to carry out, at the local educational agency level, activities that directly support the implementation of the intervention and support strategies such as— assistance in data collection and analysis; recruiting and retaining staff; high–quality, evidence–based professional development; coordination of services to address students’ non–academic needs; and progress monitoring. A State that receives funds under this subsection shall report to the Secretary a list of all the local educational agencies that received a subgrant under this subsection and for each local educational agency that received a subgrant, a list of all the schools that were served, the amount of funds each school received, and the intervention and support strategies implemented in each school. A local educational agency or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs funded under this subsection. Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. ; by striking section 1119; and by redesignating sections 1118, 1120, 1120A, and 1120B as sections 1115, 1116, 1117, and 1118, respectively.
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Citation graph
cites case law
Sec. 1004
Basic program requirements
U.S.C.§ 6311
U.S.C.§ 9858c
U.S.C.§ 621
U.S.C.§ 1232g
Cites 4Cited by 0 across 0 sources
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