Sec. 8002. DEFINITIONS

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## SEC. 8002 DEFINITIONS **[**[20 U.S.C. 7801](/us/usc/t20/s7801)**]** Section 8101, as redesignated and amended by section 8001 of this Act, is further amended— ####

(1)by striking paragraphs (3), (11), (19), (23), (35), (36), (37), and (42); ####

(2)by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and

(43)as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and (50), respectively, and by transferring such paragraph

(20)(as so redesignated) so as to follow such paragraph

(19)(as so redesignated); ####

(3)by striking paragraphs

(11)and

(12)(as so redesignated by paragraph (2)) and inserting the following: > > #### “(11) Covered program > > The term ‘**covered program**’ means each of the programs authorized by— > > > ##### “(A) > > part A of title I; > > > ##### “(B) > > part C of title I; > > > ##### “(C) > > part D of title I; > > > ##### “(D) > > part A of title II; > > > ##### “(E) > > part A of title III; > > > ##### “(F) > > part A of title IV; > > > ##### “(G) > > part B of title IV; and > > > ##### “(H) > > subpart 2 of part B of title V. > > > #### “(12) Current expenditures > > The term ‘**current expenditures**’ means expenditures for free public education— > > > ##### “(A) > > including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but > > > ##### “(B) > > not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.” > ; ####

(4)by inserting after paragraph

(14)(as so redesignated by paragraph (2)) the following: > > #### “(15) Dual or concurrent enrollment program > > The term ‘**dual or concurrent enrollment program**’ means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that— > > > ##### “(A) > > is transferable to the institutions of higher education in the partnership; and > > > ##### “(B) > > applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). > > > #### “(16) Early childhood education program > > The term ‘**early childhood education program**’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). > > > #### “(17) Early college high school > > The term ‘**early college high school**’ means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family.” > ; ####

(5)in paragraph

(20)(as so redesignated and transferred by paragraph (2))— #####

(A)in the paragraph heading, by striking “**Limited english proficient**” and inserting “**English learner**”; #####

(B)in the matter preceding subparagraph (A), by striking “**limited English proficient**” and inserting “**English learner**”; and #####

(C)in subparagraph (D)(i), by striking “**State’s proficient level of achievement on State assessments described in section 1111(b)(3)**” and inserting “**challenging State academic standards**”; ####

(6)by inserting after paragraph

(20)(as so redesignated and transferred by paragraph (2)), the following: > > #### “(21) Evidence-based > > > ##### “(A) In general > > Except as provided in subparagraph (B), the term ‘**evidence-based**’, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that— > > > ###### “(i) > > demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— > > > ###### “(I) > > strong evidence from at least 1 well-designed and well-implemented experimental study; > > > ###### “(II) > > moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or > > > ###### “(III) > > promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or > > > ###### “(ii) > > > ######

(I)> > demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and > > > ###### “(II) > > includes ongoing efforts to examine the effects of such activity, strategy, or intervention. > > > ##### “(B) Definition for specific activities funded under this act > > When used with respect to interventions or improvement activities or strategies funded under section 1003, the term ‘**evidence-based**’ means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or

(III)of subparagraph (A)(i). > > > #### “(22) Expanded learning time > > The term ‘**expanded learning time**’ means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— > > > ##### “(A) > > activities and instruction for enrichment as part of a well-rounded education; and > > > ##### “(B) > > instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects. > > > #### “(23) Extended-year adjusted cohort graduation rate > > > ##### “(A) In general > > The term ‘**extended-year adjusted cohort graduation rate**’ means the fraction— > > > ###### “(i) > > the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by— > > > ###### “(I) > > adding the students who joined that cohort, after the date of the determination of the original cohort; and > > > ###### “(II) > > subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and > > > ###### “(ii) > > the numerator of which— > > > ###### “(I) > > consists of the sum of— > > > ###### “(aa) > > the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— > > > ###### “(AA) > > one or more additional years beyond the fourth year of high school; or > > > ###### “(BB) > > a summer session immediately following the additional year of high school; and > > > ###### “(bb) > > all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— > > > ###### “(AA) > > standards-based; > > > ###### “(BB) > > aligned with the State requirements for the regular high school diploma; and > > > ###### “(CC) > > obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)); and > > > ###### “(II) > > shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. > > > ##### “(B) Cohort removal > > To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. > > > ##### “(C) Transferred out > > For purposes of this paragraph, the term ‘**transferred out**’ has the meaning given the term in clauses (i), (ii), and

(iii)of paragraph (25)(C). > > > ##### “(D) Special rules > > > ###### “(i) Schools starting after grade 9 > > For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543). > > > ###### “(ii) Very small schools > > A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by— > > > ###### “(I) > > averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or > > > ###### “(II) > > establishing a minimum number of students that must be included in the cohort described in clause

(i)of subparagraph

(A)that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.” > ; ####

(7)by inserting after paragraph

(24)(as so redesignated by paragraph (2)) the following: > > #### “(25) Four-year adjusted cohort graduation rate > > > ##### “(A) In general > > The term ‘**four-year adjusted cohort graduation rate**’ means the fraction— > > > ###### “(i) > > the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by— > > > ###### “(I) > > adding the students who joined that cohort, after the date of the determination of the original cohort; and > > > ###### “(II) > > subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and > > > ###### “(ii) > > the numerator of which— > > > ###### “(I) > > consists of the sum of— > > > ###### “(aa) > > the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— > > > ###### “(AA) > > the fourth year of high school; or > > > ###### “(BB) > > a summer session immediately following the fourth year of high school; and > > > ###### “(bb) > > all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— > > > ###### “(AA) > > standards-based; > > > ###### “(BB) > > aligned with the State requirements for the regular high school diploma; and > > > ###### “(CC) > > obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1); and > > > ###### “(II) > > shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. > > > ##### “(B) Cohort removal > > To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. > > > ##### “(C) Transferred out > > > ###### “(i) In general > > For purposes of this paragraph, the term ‘**transferred out**’ means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to— > > > ###### “(I) > > another school from which the student is expected to receive a regular high school diploma; or > > > ###### “(II) > > another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb). > > > ###### “(ii) Confirmation requirements > > > ###### “(I) Documentation required > > The confirmation of a student’s transfer to another school or educational program described in clause

(i)requires documentation of such transfer from the receiving school or program in which the student enrolled. > > > ###### “(II) Lack of confirmation > > A student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. > > > ###### “(iii) Programs not providing credit > > Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort. > > > ##### “(D) Special rules > > > ###### “(i) Schools starting after grade 9 > > For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543). > > > ###### “(ii) Very small schools > > A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by— > > > ###### “(I) > > averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or > > > ###### “(II) > > establishing a minimum number of students that must be included in the cohort described in clause

(i)of subparagraph

(A)that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.” > ; ####

(8)by inserting after paragraph

(27)(as so redesignated by paragraph (2)) the following: > > #### “(28) High school > > The term ‘**high school**’ means a secondary school that— > > > ##### “(A) > > grants a diploma, as defined by the State; and > > > ##### “(B) > > includes, at least, grade 12.” > ; ####

(9)in paragraph

(30)(as so redesignated by paragraph (2)), in subparagraph (C)— #####

(A)by striking the subparagraph designation and heading and inserting “**(C) bureau of indian education schools.—**”; and #####

(B)by striking “**Affairs**” both places the term appears and inserting “**Education**”; ####

(10)by inserting after paragraph

(31)(as redesignated by paragraph (2)) the following: > > #### “(32) Middle grades > > The term middle grades means any of grades 5 through 8. > > > #### “(33) Multi-tier system of supports > > The term ‘multi-tier system of supports’ means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking.” > ; ####

(11)in paragraph

(35)(as so redesignated by paragraph (2)), by striking “**pupil services**” and inserting “**specialized instructional support**”; ####

(12)by striking paragraph

(36)(as so redesignated by paragraph (2)) and inserting the following: > > #### “(36) Outlying area > > The term ‘**outlying area**’— > > > ##### “(A) > > means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; > > > ##### “(B) > > means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and > > > ##### “(C) > > for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751).” > ; ####

(13)by inserting after paragraph

(36)(as so redesignated by paragraph (2)), the following: > > #### “(37) Paraprofessional > > The term ‘**paraprofessional**’, also known as a ‘**paraeducator**’, includes an education assistant and instructional assistant.” > ; ####

(14)in paragraph

(39)(as so redesignated by paragraph (2))— #####

(A)in subparagraph (C), by inserting “**and**” after the semicolon; and #####

(B)in subparagraph (D), by striking “**section 1118**” and inserting “**section 1116**”; ####

(15)by inserting after paragraph

(39)(as so redesignated by paragraph (2)) the following: > > #### “(40) Pay for success initiative > > The term ‘**pay for success initiative**’ means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include— > > > ##### “(A) > > a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness; > > > ##### “(B) > > a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes; > > > ##### “(C) > > an annual, publicly available report on the progress of the initiative; and > > > ##### “(D) > > a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).” > ; ####

(16)by striking paragraph

(42)(as so redesignated by paragraph (2)) and inserting the following: > > #### “(42) Professional development > > The term ‘**professional development**’ means activities that— > > > ##### “(A) > > are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and > > > ##### “(B) > > are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that— > > > ###### “(i) > > improve and increase teachers’— > > > ###### “(I) > > knowledge of the academic subjects the teachers teach; > > > ###### “(II) > > understanding of how students learn; and > > > ###### “(III) > > ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; > > > ###### “(ii) > > are an integral part of broad schoolwide and districtwide educational improvement plans; > > > ###### “(iii) > > allow personalized plans for each educator to address the educator’s specific needs identified in observation or other feedback; > > > ###### “(iv) > > improve classroom management skills; > > > ###### “(v) > > support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification; > > > ###### “(vi) > > advance teacher understanding of— > > > ###### “(I) > > effective instructional strategies that are evidence-based; and > > > ###### “(II) > > strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; > > > ###### “(vii) > > are aligned with, and directly related to, academic goals of the school or local educational agency; > > > ###### “(viii) > > are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act; > > > ###### “(ix) > > are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; > > > ###### “(x) > > to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach; > > > ###### “(xi) > > as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development; > > > ###### “(xii) > > are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations; > > > ###### “(xiii) > > include instruction in the use of data and assessments to inform and instruct classroom practice; > > > ###### “(xiv) > > include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families; > > > ###### “(xv) > > involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions; > > > ###### “(xvi) > > create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; > > > ###### “(xvii) > > provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and > > > ###### “(xviii) > > where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.” > ; ####

(17)by inserting after paragraph

(42)(as so redesignated by paragraph (2)) the following: > > #### “(43) Regular high school diploma > > The term ‘**regular high school diploma**’— > > > ##### “(A) > > means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and > > > ##### “(B) > > does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. > > > #### “(44) School leader > > The term ‘**school leader**’ means a principal, assistant principal, or other individual who is— > > > ##### “(A) > > an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and > > > ##### “(B) > > responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.” > ; ####

(18)by inserting after paragraph

(46)(as so redesignated by paragraph (2)) the following: > > #### “(47) Specialized instructional support personnel; specialized instructional support services > > > ##### “(A) Specialized instructional support personnel > > The term ‘**specialized instructional support personnel**’ means— > > > ###### “(i) > > school counselors, school social workers, and school psychologists; and > > > ###### “(ii) > > other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive program to meet student needs. > > > ##### “(B) Specialized instructional support services > > The term ‘**specialized instructional support services**’ means the services provided by specialized instructional support personnel.” > ; ####

(19)by striking the undesignated paragraph between paragraph

(47)(as inserted by paragraph (18)) and paragraph

(49)(as so redesignated by paragraph (2)) and inserting the following: > > #### “(48) State > > The term ‘**State**’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.” > ; ####

(20)by striking paragraph

(50)(as so redesignated by paragraph (2)) and inserting the following: > > #### “(50) Technology > > The term ‘**technology**’ means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.” > ; and ####

(21)by adding at the end the following: > > #### “(51) Universal design for learning > > The term ‘**universal design for learning**’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). > > > #### “(52) Well-rounded education > > The term ‘**well-rounded education**’ means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.” > .

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