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O:\AEG\AEG15033.xml [file 1 of 4] S.L.C.

114TH CONGRESS1ST SESSION S.

llTo amend the Elementary and Secondary Education Act of 1965 to ensure

that every child is ready for college or a career.

IN THE SENATE OF THE UNITED STATES

llllllllll

introduced the following bill; which was read twiceand referred to the Committee onllllllllll

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to ensure that every child is ready for college

or a career.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Every Child Ready4

for College or Career Act of 2015.5

SEC. 2. TABLE OF CONTENTS.6

The table of contents for this Act is as follows: To7

be supplied.8

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SEC. 3. REFERENCES.1

Except as otherwise expressly provided, whenever in2

this Act an amendment or repeal is expressed in terms3

of an amendment to, or repeal of, a section or other provi-4

sion, the reference shall be considered to be made to a5

section or other provision of the Elementary and Sec-6

ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).7

SEC. 4. STATEMENT OF PURPOSE.8

The purpose of this Act is to restore freedom to par-9

ents, teachers, principals and other school leaders, States,10

Governors, and local communities so that they can im-11

prove their local public schools.12

SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND13

SECONDARY EDUCATION ACT OF 1965.14

Section 2 is amended to read as follows: To be sup-15

plied.16

TITLE IIMPROVING BASIC PRO-17

GRAMS OPERATED BY STATE18

AND LOCAL EDUCATIONAL19

AGENCIES20


Section 1001 (20 U.S.C. 6301) is amended to read22

as follows:23


The purpose of this title is to ensure that all chil-25

dren have a fair, equitable, and significant opportunity to26

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receive a high-quality education that prepares them for1

postsecondary education or the workforce, without the2

need for remediation, and to close the achievement gap3

between high- and low-performing children, especially the4

achievement gaps between minority and nonminority chil-5

dren, and between disadvantaged children and their more6

advantaged peers..7

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.8

Section 1002 (20 U.S.C. 6302) is amended to read9

as follows:10

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.11

(a) LOCAL EDUCATIONAL AGENCY GRANTS.For12

the purpose of carrying out part A, there are authorized13

to be appropriated $14,915,558,000 for each of fiscal14

years 2016 through 2021.15

(b) STATEASSESSMENTS.For the purpose of car-16

rying out part B, there are authorized to be appropriated17

$378,000,000 for each of fiscal years 2016 through 2021.18

(c) EDUCATION OF MIGRATORY CHILDREN.For19

the purpose of carrying out part C, there are authorized20

to be appropriated $374,751,000 for each of fiscal years21

2016 through 2021.22

(d) PREVENTION AND INTERVENTION PROGRAMS23

FOR CHILDREN ANDYOUTH WHO ARE NEGLECTED, DE-24

LINQUENT, ORAT-RISK.For the purpose of carrying out25

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part D, there are authorized to be appropriated1

$47,614,000 for each of fiscal years 2016 through 2021.2

(e) FEDERALACTIVITIES.For the purpose of car-3

rying out evaluation activities related to title I under sec-4

tion 9601, there are authorized to be appropriated5

$710,000 for each of fiscal years 2016 through 2021..6

SEC. 1003. SCHOOL IMPROVEMENT AND STATE ADMINIS-7

TRATION.8

The Act (20 U.S.C. 6301 et seq.) is amended9

(1) by striking section 1003;10

(2) by redesignating section 1004 as section11

1003; and12

(3) in section 1003, as redesignated by para-13

graph (2), by adding at the end the following:14

(c) TECHNICALASSISTANCE AND SUPPORT.15

(1) IN GENERAL.Each State may reserve16

not more than 8 percent of the amount the State re-17

ceives under subpart 2 of part A for a fiscal year to18

carry out paragraph (2) and to carry out the State19

educational agencys responsibilities under section20

1114(a), including carrying out the State edu-21

cational agencys statewide system of technical as-22

sistance and support for local educational agencies.23

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(2) USES.Of the amount reserved under1

paragraph (1) for any fiscal year, the State edu-2

cational agency3

(A) shall allocate not less than 95 percent4

of the amount directly to local educational5

agencies for schools identified by the State6

under section 1114(a)(1)(B), for activities7

under section 1114(b); or8

(B) may, with the approval of the local9

educational agency, directly provide for the ac-10

tivities described in section 1114(b) or arrange11

for their provision through other entities, such12

as school support teams or educational service13

agencies, or other nonprofit or for-profit organi-14

zations..15

SEC. 1004. BASIC PROGRAM REQUIREMENTS.16

Subpart 1 of part A of title I (20 U.S.C. 6311 et17

seq.) is amended18

(1) by striking sections 1111 through 1117 and19

inserting the following:20

SEC. 1111. STATE PLANS.21

(a) PLANS REQUIRED.22

(1) IN GENERAL.For any State desiring to23

receive a grant under this part, the State edu-24

cational agency shall submit to the Secretary a plan,25

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developed by the State educational agency in con-1

sultation with local educational agencies, teachers,2

principals and other school leaders, specialized in-3

structional support personnel, administrators, other4

staff, and parents, that satisfies the requirements of5

this section.6

(2) CONSOLIDATED PLAN.A State plan sub-7

mitted under paragraph (1) may be submitted as8

part of a consolidated plan under section 9302.9

(3) PEER REVIEW AND SECRETARIAL AP-10

PROVAL.11

(A) IN GENERAL.The Secretary shall12

(i) establish a peer-review process to13

assist in the review of State plans;14

(ii) establish multidisciplinary peer15

review teams and appoint their members,16

including representatives of teachers, prin-17

cipals and other school leaders, specialized18

instructional support personnel, State edu-19

cational agencies, local educational agen-20

cies, and individuals and researchers with21

practical experience in implementing aca-22

demic standards, assessments, account-23

ability, the needs of low-performing24

schools, and other educational needs of25

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students, which peer review teams shall re-1

flect a balanced representation of individ-2

uals who3

(I) have practical experience in4

the classroom, school administration,5

or State or local government; and6

(II) have been a direct employee7

of a school, local educational agency,8

or State educational agency within the9

proceeding 5 years;10

(iii) make available to the public, in-11

cluding by such means as posting to the12

Departments website, the list of peer re-13

viewers who will review State plans under14

this section;15

(iv) ensure that the peer review16

teams are comprised of varied individuals17

so that the same peer reviewers are not re-18

viewing all of the State plans; and19

(v) deem a State plan as approved20

within 45 days of its submission unless the21

Secretary presents a body of substantial,22

high-quality education research that clearly23

demonstrates that the States plan does24

not meet the requirements of this section25

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and is likely to be ineffective or is inappro-1

priate for its intended purposes.2

(B) PURPOSE OF PEER REVIEW.The3

peer review process shall be designed to4

(i) promote effective implementation5

of the challenging State academic stand-6

ards through State and local innovation;7

and8

(ii) provide transparent feedback to9

States designed to strengthen the States10

plans.11

(C) STANDARD AND NATURE OF RE-12

VIEW.Peer reviewers shall conduct a good13

faith review of State plans in their totality and14

in deference to State and local judgments, with15

the goal of supporting State- and local-led inno-16

vation.17

(4) STATE PLAN DETERMINATION, DEM-18

ONSTRATION, AND REVISION.If the Secretary de-19

termines that the State plan does not meet the re-20

quirements of this subsection or subsection (b) or21

(c), the Secretary shall, prior to declining to approve22

a State plan23

(A) immediately notify the State of such24

determination;25

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(B) provide a detailed description of the1

specific requirements of this subsection or sub-2

section (b) or (c) of the State plan that the Sec-3

retary determines fails to meet such require-4

ments;5

(C) at the request of the State, provide6

all comments, suggestions, or concerns in writ-7

ing to the State, including all peer review com-8

ments and recommendations;9

(D) offer the State an opportunity to re-10

vise and resubmit its plan within 60 days of11

such determination;12

(E) provide technical assistance, upon re-13

quest of the State, in order to assist the State14

to meet the requirements of this subsection or15

subsection (b) or (c); and16

(F) conduct a public hearing within 3017

days of such resubmission, with public notice18

provided not less than 15 days before such19

hearing.20

(5) STATE PLAN DISAPPROVAL.The Sec-21

retary shall have the authority to disapprove a State22

plan if the State has been notified and offered an23

opportunity to revise and submit with technical as-24

sistance under paragraph (4), and25

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(A) the State does not revise and resub-1

mit its plan; or2

(B) the State revises and resubmits a3

plan that the Secretary determines does not4

meet the requirements of this part after a hear-5

ing conducted under paragraph (4)(F).6

(6) LIMITATIONS.The Secretary shall not7

have the authority to require a State, as a condition8

of approval of the State plan, to9

(A) include in, or delete from, such plan10

1 or more specific elements of the challenging11

State academic standards;12

(B) use specific academic assessment in-13

struments or items;14

(C) include in, or delete from, such a plan15

any criterion that specifies, defines, or pre-16

scribes the standards or measures that State or17

local educational agencies use to establish, im-18

plement, or improve19

(i) State standards;20

(ii) assessments;21

(iii) State accountability systems;22

(iv) systems that measure student23

academic growth;24

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(v) measures of other academic indi-1

cators;2

(vi) teacher, principal, or other3

school leader evaluation systems; or4

(vii) indicators of teacher, principal,5

or other school leader effectiveness; or6

(D) require the collection, publication, or7

transmission to the Department of individual8

student data that is not expressly required to9

be collected under this Act.10

(7) PUBLIC REVIEW.All written communica-11

tions, feedback, and notifications under this sub-12

section shall be conducted in a manner that is trans-13

parent and immediately made available to the public14

through the website of the Department, including15

(A) plans submitted or resubmitted by a16

State;17

(B) peer review comments;18

(C) State plan determinations by the Sec-19

retary, including approvals or disapprovals; and20

(D) public hearings under this section.21

(8) DURATION OF THE PLAN.22

(A) IN GENERAL.Each State plan23

shall24

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(i) remain in effect for the duration1

of the States participation under this part;2

and3

(ii) be periodically reviewed and re-4

vised as necessary by the State educational5

agency to reflect changes in the States6

strategies and programs under this part.7

(B) ADDITIONAL INFORMATION.A State8

shall notify the Secretary if a State makes sig-9

nificant changes to its plan, such as the adop-10

tion of new challenging State academic stand-11

ards, new academic assessments, or changes to12

its accountability system under subsection13

(b)(3).14

(9) FAILURE TO MEET REQUIREMENTS.If a15

State fails to meet any of the requirements of this16

section, then the Secretary may withhold funds for17

State administration under this part until the Sec-18

retary determines that the State has fulfilled those19

requirements.20

(b) CHALLENGING STATE ACADEMIC STANDARDS,21

ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY SYS-22

TEMS.23

(1) CHALLENGING STATE ACADEMIC STAND-24

ARDS.25

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(A) IN GENERAL.Each State shall pro-1

vide an assurance that the State has adopted2

challenging academic content standards and3

academic achievement standards (referred to in4

this Act as challenging State academic stand-5

ards) that will be used by the State, its local6

educational agencies, and its schools to carry7

out this part.8

(B) SAME STANDARDS.The standards9

required by subparagraph (A) shall be the same10

standards that the State applies to all public11

schools and public school children in the State.12

(C) SUBJECTS.The State shall have13

such standards in mathematics, reading or lan-14

guage arts, and science, and any other subjects15

as determined by the State, which shall include16

the same knowledge, skills, and levels of17

achievement expected of all children in the18

State.19

(D) ALIGNMENT.Each State shall pro-20

vide an assurance to the Secretary that the21

challenging State academic standards are22

aligned with23

(i) entrance requirements, without24

the need for academic remediation, for an25

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institution of higher education in the1

State; and2

(ii) State performance measures3

identified in the State plan under section4

113(b) of the Carl D. Perkins Career and5

Technical Education Act of 2006.6

(E) ALTERNATE ACADEMIC ACHIEVE-7

MENT STANDARDS.Notwithstanding any other8

provision of this paragraph, a State may,9

through a documented and validated standards-10

setting process, adopt alternate academic11

achievement standards for students with the12

most significant cognitive disabilities, provided13

those standards14

(i) are aligned with the challenging15

State academic standards under subpara-16

graph (A);17

(ii) promote access to the general18

curriculum;19

(iii) reflect professional judgment of20

the highest achievement standards attain-21

able by those students; and22

(iv) are designated in the individual-23

ized education program developed for each24

child under section 614(d)(3) of the Indi-25

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viduals with Disabilities Education Act as1

the standards that will be used for the stu-2

dent.3

(F) ENGLISH LANGUAGE PROFICIENCY4

STANDARDS.Each State plan shall provide an5

assurance that the State has adopted English6

language proficiency standards that are aligned7

with the challenging State academic standards8

under subparagraph (A). Such standards9

shall10

(i) ensure proficiency in each of the11

domains of speaking, listening, reading,12

and writing;13

(ii) address the different proficiency14

levels of children who are English learners;15

and16

(iii) be aligned with the challenging17

State academic standards in reading or18

language arts, so that achieving proficiency19

in the States English language proficiency20

standards indicates a sufficient knowledge21

of English to measure validly and reliably22

the students achievement on the States23

reading or language arts standards.24

(G) PROHIBITIONS.25

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(i) STANDARDS REVIEW OR AP-1

PROVAL.A State shall not be required to2

submit any standards developed under this3

subsection to the Secretary for review or4

approval.5

(ii) FEDERAL CONTROL.The Sec-6

retary shall not have the authority to man-7

date, direct, control, coerce, or exercise any8

direction or supervision over any of the9

challenging State academic standards10

adopted or implemented by a State.11

(H) EXISTING STANDARDS.Nothing in12

this part shall prohibit a State from revising,13

consistent with this section, any standard14

adopted under this part before or after the date15

of enactment of the Every Child Ready for Col-16

lege or Career Act of 2015.17

(2) STATE-DESIGNED ACADEMIC ASSESSMENT18

SYSTEM.19

OPTION 1- FOR DISCUSSION BY HELP COM-20

MITTEE21

22


shall provide an assurance that the State edu-24

cational agency, in consultation with local edu-25

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cational agencies, has implemented a State-de-1

signed academic assessment system that2

(i) includes, at a minimum, aca-3

demic assessments in mathematics, reading4

or language arts, and science; and5

(ii) meets the requirements of sub-6

paragraph (B).7

(B) REQUIREMENTS.The assessment8

system under subparagraph (A) shall9

(i) be aligned with the challenging10

State academic standards, and provide co-11

herent and timely information about stu-12

dent attainment of such standards;13

(ii) be used for purposes for which14

such assessments are valid and reliable, be15

of adequate technical quality for each pur-16

pose required under this Act, and be con-17

sistent with relevant, nationally recognized18

professional and technical standards;19

(iii) involve multiple measures of20

student academic achievement, which may21

include measures of student academic22

growth;23

(iv) provide for24

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(I) the participation in such1

assessments of all students;2

(II) the reasonable adaptations3

and accommodations for children with4

disabilities (as defined in section5

602(3) of the Individuals with Dis-6

abilities Education Act) necessary to7

measure the academic achievement of8

such children relative to the chal-9

lenging State academic standards;10

(III) alternate assessments11

aligned with grade-level academic12

standards, unless the State develops13

alternate assessments aligned with al-14

ternate academic standards, con-15

sistent with subparagraph (F), for16

students with the most significant17

cognitive disabilities; and18

(IV) the inclusion of children19

who are English learners, who shall be20

assessed in a valid and reliable man-21

ner and provided reasonable accom-22

modations on assessments adminis-23

tered to such students under this24

paragraph, including, to the extent25

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practicable, assessments in the lan-1

guage and form most likely to yield2

accurate data on what such students3

know and can do in academic content4

areas, until such students have5

achieved English language proficiency,6

as determined pursuant to the7

English language proficiency stand-8

ards described in paragraph (1)(F);9

(v) notwithstanding clause (iv)(IV),10

provide for assessments (using tests in11

English) of reading or language arts of12

any student who has attended school in the13

United States (not including the Common-14

wealth of Puerto Rico) for 3 or more con-15

secutive school years, except that if the16

local educational agency determines, on a17

case-by-case individual basis, that assess-18

ments in another language or form would19

likely yield more accurate and reliable in-20

formation on what such student knows and21

can do, the local educational agency may22

make a determination to assess such stu-23

dent in the appropriate language other24

than English for a period that does not ex-25

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ceed 2 additional consecutive years, pro-1

vided that such student has not yet2

reached a level of English language pro-3

ficiency sufficient to yield valid and reliable4

information on what such student knows5

and can do on tests (written in English) of6

reading or language arts;7

(vi) produce individual student in-8

terpretive, descriptive, and diagnostic re-9

ports, consistent with clause (ii), that allow10

parents, teachers, and principals or other11

school leaders to understand and address12

the specific academic needs of students,13

and include information regarding achieve-14

ment on assessments, and that are pro-15

vided to parents, teachers, and principals16

or other school leaders in a timely manner17

after the assessment is given, in an under-18

standable and uniform format;19

(vii) enable results to be20

disaggregated within each State, local edu-21

cational agency, and school, by22

(I) each major racial and eth-23

nic group;24

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(II) economically disadvan-1

taged students as compared to stu-2

dents who are not economically dis-3

advantaged;4

(III) students with disabilities5

as compared to nondisabled stu-6

dents;7

(IV) English proficiency sta-8

tus;9

(V) gender; and10

(VI) migrant status; and11

(viii) produce, at a minimum, an-12

nual student achievement data in mathe-13

matics and reading or language arts that14

is valid, reliable, of high technical quality,15

and comparable among all local edu-16

cational agencies within the State and that17

will be used in the State accountability sys-18

tem under paragraph (3) and to meet re-19

porting requirements under subsection20

(d).21

(C) EXCEPTION TO DISAGGREGATION.22

Notwithstanding subparagraph (B)(vii), the23

disaggregated results of assessments shall not24

be required if25

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(i) the number of students in a cat-1

egory described under subparagraph2

(B)(vii) is insufficient to yield statistically3

reliable information; or4

(ii) the results would reveal person-5

ally identifiable information about an indi-6

vidual student.7

(D) STATE-DESIGNED SYSTEM.Each8

State plan shall provide a description of its9

State-designed assessment system, which may10

include11

(i) yearly academic assessments of12

all students against the challenging State13

academic standards in the subjects re-14

quired under subparagraph (A)(i) and any15

other subjects as determined by the State,16

that are administered17

(I) in each of grades 3 through18

8; and19

(II) at least once in grades 920

through 12;21

(ii) grade-span academic assess-22

ments of all students against the chal-23

lenging State academic standards in the24

subjects required under subparagraph25

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(A)(i) and any other subjects as deter-1

mined by the State, that are administered2

at least once in3

(I) grades 3 through 5;4

(II) grades 6 through 9; and5

(III) grades 10 through 12;6

(iii) a combination of yearly aca-7

demic assessments described in clause (i)8

and grade-span academic assessments de-9

scribed in clause (ii) of all students against10

the challenging State academic standards11

in the subjects required under subpara-12

graph (A)(i) and any other subjects as de-13

termined by the State;14

(iv) performance-based academic15

assessments of all students that may be16

used in a competency-based education17

model that emphasizes mastery of stand-18

ards and aligned competencies;19

(v) formative assessments of all20

students that may be used to inform teach-21

ing and learning;22

(vi) multiple statewide assessments23

during the course of the year that can pro-24

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vide a summative score of individual stu-1

dent academic growth; or2

(vii) any other system of assess-3

ments of all students that meets the re-4

quirements of subparagraph (B) and the5

State determines is appropriate to meet6

the purposes of this part.7

(E) COMPARABLE DATA DESCRIP-8

TION.Each State shall describe how the an-9

nual student achievement data produced, at a10

minimum, in mathematics and reading or lan-11

guage arts under the assessment system de-12

scribed in this paragraph is valid, reliable, of13

high-technical quality, and comparable among14

all local educational agencies within the State.15

OPTION 2: - FOR DISCUSSION BY HELP16

COMMITTEE17


shall provide an assurance that the State edu-19

cational agency, in consultation with local edu-20

cational agencies, has implemented a set of21

high-quality, yearly student academic assess-22

ments that include, at a minimum, academic as-23

sessments in mathematics and reading or lan-24

guage arts .25

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(B) REQUIREMENTS.Each State plan1

shall provide an assurance that such assess-2

ments3

(i) are the same academic assess-4

ments used to measure the achievement of5

all students;6

(ii) are aligned with the challenging7

State academic standards, and provide co-8

herent and timely information about stu-9

dent attainment of such standards;10

(iii) are used for purposes for which11

such assessments are valid and reliable,12

are of adequate technical quality for each13

purpose required under this Act, and are14

consistent with relevant, nationally recog-15

nized professional and technical stand-16

ards;17

(iv)(I) measure the annual aca-18

demic achievement of all students against19

the challenging State academic standards20

in mathematics and reading or language21

arts, and are administered22

(aa) in each of grades 323

through 8; and24

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(bb) at least once in grades 91

through 12; and2

(II) measure the academic achieve-3

ment of all students against the chal-4

lenging State academic standards in5

science, and are administered not less than6

one time, during7

(aa) grades 3 through 5;8

(bb) grades 6 through 9; and9

(cc) grades 10 through 12;10

(v) involve multiple up-to-date11

measures of student academic achievement,12

which may include measures of student13

academic growth;14

(vi) provide for15

(I) the participation in such16

assessments of all students;17

(II) the reasonable adaptations18

and accommodations for children with19

disabilities (as defined in section20

602(3) of the Individuals with Dis-21

abilities Education Act) necessary to22

measure the academic achievement of23

such children relative to the chal-24

lenging State academic standards;25

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(III) alternate assessments1

aligned with grade-level challenging2

State academic standards, unless the3

State develops alternate assessments4

aligned with alternate challenging5

State academic standards, consistent6

with subparagraph (C), for stu-7

dents with the most significant cog-8

nitive disabilities; or9

(IV) the inclusion of English10

learners, who shall be assessed in a11

valid and reliable manner and pro-12

vided reasonable accommodations on13

assessments administered to such stu-14

dents under this paragraph, including,15

to the extent practicable, assessments16

in the language and form most likely17

to yield accurate data on what such18

students know and can do in academic19

content areas, until such students20

have achieved English language pro-21

ficiency, as determined under para-22

graph (1)(F);23

(vii) notwithstanding clause24

(vi)(IV), provide for assessments (using25

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tests in English) of reading or language1

arts of any student who has attended2

school in the United States (not including3

the Commonwealth of Puerto Rico) for 34

or more consecutive school years, except5

that if the local educational agency deter-6

mines, on a case-by-case individual basis,7

that assessments in another language or8

form would likely yield more accurate and9

reliable information on what such student10

knows and can do, the local educational11

agency may make a determination to as-12

sess such student in the appropriate lan-13

guage other than English for a period that14

does not exceed 2 additional consecutive15

years, provided that such student has not16

yet reached a level of English language17

proficiency sufficient to yield valid and reli-18

able information on what such student19

knows and can do on tests (written in20

English) of reading or language arts;21

(viii) produce individual student in-22

terpretive, descriptive, and diagnostic re-23

ports, consistent with clause (iii), that24

allow parents, teachers, and principals to25

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understand and address the specific aca-1

demic needs of students, and include infor-2

mation regarding achievement on academic3

assessments, and that are provided to par-4

ents, teachers, and principals or other5

school leaders in a timely manner after the6

assessment is given, in an understandable7

and uniform format; and8

(ix) enable results to be9

disaggregated within each State, local edu-10

cational agency, and school, by11

(I) each major racial and eth-12

nic group;13

(II) economically disadvan-14

taged students as compared to stu-15

dents who are not economically dis-16

advantaged;17

(III) students with disabilities18

as compared to nondisabled stu-19

dents;20

(IV) English proficiency sta-21

tus;22

(V) gender; and23

(VI) migrant status.24

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(F) ALTERNATE ASSESSMENTS FOR STU-1

DENTS WITH DISABILITIES.A State may pro-2

vide for alternate assessments aligned with al-3

ternate challenging State academic standards4

for students with the most significant cognitive5

disabilities, if the State6

(i) establishes and monitors imple-7

mentation of clear and appropriate guide-8

lines for individualized education program9

teams (as defined in section 614(d)(1)(B)10

of the Individuals with Disabilities Edu-11

cation Act) (referred to in this section as12

IEP Teams) to apply in determining13

when a childs significant cognitive dis-14

ability justifies assessment based on alter-15

nate challenging State academic standards;16

(ii) ensures that the parents of those17

students are informed that their childs18

academic achievement will be based on al-19

ternate challenging State academic stand-20

ards;21

(iii) documents that students with22

the most significant cognitive disabilities23

are, to the extent practicable, included in24

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the general curriculum, and in assessments1

aligned with that curriculum;2

(iv) develops, disseminates informa-3

tion on, and promotes the use of appro-4

priate accommodations to increase the5

number of students with disabilities who6

are tested against challenging State aca-7

demic standards for the grade in which a8

student is enrolled; and9

(v) ensures that regular and special10

education teachers and other appropriate11

staff know how to administer assessments,12

including making appropriate use of ac-13

commodations, for students with disabil-14

ities.15

(G) LANGUAGE ASSESSMENTS.Each16

State plan shall identify the languages other17

than English that are present to a significant18

extent in the participating student population of19

the State and indicate the languages for which20

assessments are not available and are needed,21

and such State shall make every effort to de-22

velop such assessments as are necessary.23

(H) ASSESSMENTS OF ENGLISH LAN-24

GUAGE PROFICIENCY.Each State plan shall25

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provide an assurance that local educational1

agencies in the State will provide for an annual2

assessment of English proficiency (measuring3

students speaking, listening, reading, and writ-4

ing skills in English) of all children who are5

English learners in the schools served by the6

State educational agency.7

(I) DEFERRAL.A State may defer the8

commencement, or suspend the administration,9

but not cease the development, of the assess-10

ments described in this paragraph, for 1 year11

for each year for which the amount appro-12

priated for grants under part B is less than13

$378,000,000.14

(J) CONSTRUCTION.Nothing in this15

paragraph shall be construed to prescribe or16

prohibit the use of the academic assessments17

described in this part for student promotion or18

graduation purposes.19

(K) LOCALLY-DESIGNED ASSESSMENT20

SYSTEM.Nothing in this paragraph shall be21

construed to prohibit a local educational agency22

from administering its own assessments in lieu23

of the State-designed academic assessment sys-24

tem under this paragraph, if25

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(i) the local educational agency ob-1

tains approval from the State to admin-2

ister a locally-designed academic assess-3

ment system; and4

(ii) the locally-designed academic as-5

sessment system meets the applicable re-6

quirements for the assessments under sub-7

paragraph (B).8

(3) STATE ACCOUNTABILITY SYSTEM.Each9

State plan shall describe a single, statewide State10

accountability system that will be based on the chal-11

lenging State academic standards adopted by the12

State, and other academic indicators related to stu-13

dent achievement identified by the State, to ensure14

that all students graduate from high school prepared15

for postsecondary education or the workforce with-16

out the need for remediation and that, at a min-17

imum18

(A) annually measures academic achieve-19

ment of all public school students in the State20

towards meeting the challenging State academic21

standards in mathematics and reading or lan-22

guage arts, which may include measures of stu-23

dent academic growth to such standards and24

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any other valid and reliable academic indicators1

related to student achievement;2

(B) establishes a system of annually iden-3

tifying and differentiating among all public4

schools in the State based on5

(i) student academic achievement6

from assessments and other measures as7

determined by the State under paragraph8

(2);9

(ii) achievement gaps between each10

category of students described in sub-11

clauses (I) through (IV) of paragraph12

(2)(B)(vii)/(ix);13

(iii) overall performance of all stu-14

dents and of each category of students de-15

scribed in subclauses (I) through (IV) of16

paragraph (2)(B)(vii)/(ix);17

(iv) secondary school graduation18

rates, as appropriate, including 4-year ad-19

justed cohort graduation rates and ex-20

tended-year adjusted cohort graduation21

rates, as such rates were calculated on the22

day before the date of enactment of the23

Every Child Ready for College or Career24

Act of 2015; and25

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(v) any other measures or indicators1

determined appropriate by the State that2

will be applied to local educational agencies3

consistently throughout the State;4

(C) for public schools receiving assistance5

under this part, includes a system for annu-6

ally7

(i) identifying such schools that are8

in need of strategies for improving student9

academic achievement and any other meas-10

ures determined appropriate by the State;11

and12

(ii) providing assistance to local edu-13

cational agencies to develop and implement14

appropriate strategies for improving15

schools identified under clause (i);16

(D) provides a clear and understandable17

explanation of the method of identifying schools18

under subparagraph (C);19

(E) measures the annual progress of not20

less than 95 percent of each category of stu-21

dents described in subclauses (I) through (IV)22

of paragraph (2)(B)(vii)/(ix)who are enrolled23

in the school and are required to take the as-24

sessments under paragraph (2); and25

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(F) measures the secondary school grad-1

uation rates, including 4-year adjusted cohort2

graduation rates and extended-year adjusted co-3

hort graduation rates, as such rates were cal-4

culated on the day before the date of enactment5

of the Every Child Ready for College or Career6

Act of 2015, for each category of students de-7

scribed in subclauses (I) through (IV) of para-8

graph (2)(B)(vii)/(ix).9

(4) PROHIBITION ON REGULATION.Nothing10

in this subsection shall be construed to permit the11

Secretary to establish any criterion that specifies,12

defines, or prescribes the standards or measures that13

State or local educational agencies use to establish,14

implement, or improve15

(A) State standards;16

(B) assessments;17

(C) State accountability systems;18

(D) systems that measure student aca-19

demic growth;20

(E) measures of other academic indica-21

tors;22

(F) teacher, principal, or other school23

leader evaluation systems; or24

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(G) indicators of teacher, principal, or1

other school leader effectiveness.2

(c) OTHER ASSURANCES.Each State plan shall3

provide an assurance that4

(1) the State will notify local educational5

agencies, schools, teachers, parents, and the public6

of the challenging State academic standards, aca-7

demic assessments, and State accountability system,8

developed under this section;9

(2) the State educational agency will assist10

each local educational agency and school affected by11

the State plan to meet the requirements of this part;12

(3) low-income and minority children, enrolled13

in schools assisted under this part, are served by ef-14

fective teachers, principals, and other school leaders15

and have access to a high-quality instructional pro-16

gram, and the State will adopt measures to evaluate17

and publicly report the progress of the State edu-18

cational agency with respect to such assurance;19

(4) the State will participate in biennial State20

academic assessments of 4th and 8th grade reading21

and mathematics under the National Assessment of22

Educational Progress carried out under section23

303(b)(3) of the National Assessment of Edu-24

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cational Progress Authorization Act if the Secretary1

pays the costs of administering such assessments;2

(5) the State educational agency will modify or3

eliminate State fiscal and accounting barriers so4

that schools can easily consolidate funds from other5

Federal, State, and local sources in order to improve6

educational opportunities and reduce unnecessary7

fiscal and accounting requirements;8

(6) the State educational agency will support9

the collection and dissemination to local educational10

agencies and schools of effective parental involve-11

ment practices;12

(7) the State educational agency will provide13

the least restrictive and burdensome regulations for14

local educational agencies and individual schools par-15

ticipating in a program assisted under this part;16

(8) the State educational agency will ensure17

that local educational agencies, to the extent fea-18

sible, in developing and implementing programs19

under this part, will work in consultation with out-20

side intermediary organizations or individuals, in-21

cluding educational service agencies, who have exper-22

tise in using strategies and programs based on sci-23

entifically valid research to improve teaching, learn-24

ing, and schools;25

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(9) the State educational agency has appro-1

priate procedures and safeguards in place to ensure2

the validity of the assessment process;3

(10) the State educational agency will ensure4

that all teachers and paraprofessionals working in a5

program supported with funds under this part meet6

applicable State certification and licensure require-7

ments, including alternative certification require-8

ments; and9

(11) the State educational agency will coordi-10

nate activities funded under this part with other11

Federal activities as appropriate.12

(d) REPORTS.13

(1) ANNUAL STATE REPORT CARD.14

(A) IN GENERAL.A State that receives15

assistance under this part shall prepare and16

disseminate widely to the public an annual17

State report card that meets the requirements18

of this paragraph.19

(B) IMPLEMENTATION.The State report20

card shall be21

(i) concise; and22

(ii) presented in an understandable23

and uniform format.24

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(C) MINIMUM REQUIREMENTS.The1

State shall include in its annual State report2

card3

(i) information, in the aggregate, on4

student achievement on the academic as-5

sessments described in subsection (b)(2)6

(disaggregated by each category of stu-7

dents described in subsection8

(b)(2)(B)(vii)/(ix)), except that such9

disaggregation shall not be required in a10

case in which the number of students in a11

category is insufficient to yield statistically12

reliable information or the results would13

reveal personally identifiable information14

about an individual student;15

(ii) the percentage of students as-16

sessed and not assessed (disaggregated by17

the same categories of students described18

in subsection (b)(2)(B)(vii)/(ix) and sub-19

ject to the same exception described in20

clause (i));21

(iii) information on any other indi-22

cator used by the State to determine stu-23

dent achievement under subsection (b)(3)24

(disaggregated by the same categories of25

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students described in subsection1

(b)(2)(B)(vii)/(ix) and subject to the2

same exception described in clause (i));3

(iv) secondary school graduation4

rates, including 4-year adjusted cohort5

graduation rates and extended-year ad-6

justed cohort graduation rates, as such7

rates were calculated on the day before the8

date of enactment of the Every Child9

Ready for College or Career Act of 2015;10

(v) the professional qualifications of11

teachers in the State and the percentage of12

such teachers teaching with emergency or13

provisional credentials, in the aggregate14

and disaggregated by high-poverty com-15

pared to low-poverty schools which, for the16

purpose of this clause, means schools in17

the top quartile of poverty and the bottom18

quartile of poverty in the State;19

(vi) information on the performance20

of local educational agencies and schools in21

the State;22

(vii) for a State that implements a23

teacher, principal, and other school leader24

evaluation system consistent with title II,25

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the evaluation results of teachers, prin-1

cipals, and other school leaders, except2

that such information shall not provide in-3

dividually identifiable information on indi-4

vidual teachers, principals, or other school5

leaders;6

(viii) the per-pupil expenditures of7

Federal, State, and local funds, including8

staff salary differentials for years of em-9

ployment, for each local educational agency10

in the State for the preceding fiscal year;11

and12

(ix) any additional information that13

the State believes will best provide parents,14

students, and other members of the public15

with information regarding the progress of16

each of the States public schools.17

(2) ANNUAL LOCAL EDUCATIONAL AGENCY18

REPORT CARDS.19

(A) IN GENERAL.A local educational20

agency that receives assistance under this part21

shall prepare and disseminate an annual local22

educational agency report card that meets the23

requirements of this paragraph.24

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(B) IMPLEMENTATION.The local edu-1

cational agency report card shall be2

(i) concise; and3

(ii) presented in an understandable4

and uniform format.5

(C) MINIMUM REQUIREMENTS.The6

local educational agency shall include in its an-7

nual local educational agency report card8

(i) the information described in para-9

graph (1)(C) as applied to the local edu-10

cational agency and each school served by11

the local educational agency, which12

(I) in the case of a local edu-13

cational agency, information that14

shows how students served by the15

local educational agency achieved on16

the academic assessment system de-17

scribed in subsection (b)(2) compared18

to students in the State as a whole;19

and20

(II) in the case of a school, in-21

formation that shows how the schools22

students achievement on the aca-23

demic assessment system described in24

subsection (b)(2) compared to stu-25

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dents in the local educational agency1

and the State as a whole;2

(ii) the per-pupil expenditures of3

Federal, State, and local funds, including4

staff salary differentials for years of em-5

ployment, for each school served by the6

agency for the preceding fiscal year;7

(iii) any information required by the8

State under paragraph (1)(C)(ix); and9

(iv) any other information that the10

local educational agency determines is ap-11

propriate and will best provide parents,12

students, and other members of the public13

with information regarding the progress of14

each public school served by the local edu-15

cational agency, whether or not such infor-16

mation is included in the annual State re-17

port card.18

(D) PUBLIC DISSEMINATION.19

(i) IN GENERAL.Except as pro-20

vided in clause (ii), a local educational21

agency shall22

(I) publicly disseminate the in-23

formation described in this paragraph24

to all schools in the school district25

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served by the local educational agency1

and to all parents of students attend-2

ing such schools; and3

(II) make the information wide-4

ly available through public means, in-5

cluding through electronic means,6

such as posting in an easily accessible7

manner on the local educational agen-8

cys website, distribution to the media,9

and distribution through public agen-10

cies.11

(ii) EXCEPTION.If a local edu-12

cational agency issues a report card for all13

students, the local educational agency may14

include the information described in this15

paragraph as part of such report.16

(3) PREEXISTING REPORT CARDS.A State17

educational agency or local educational agency that18

was providing public report cards on the perform-19

ance of students, schools, local educational agencies,20

or the State prior to the date of enactment of the21

Every Child Ready for College or Career Act of22

2015, may use such report cards for the purpose of23

disseminating information under this subsection if24

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the report card is modified, as may be needed, to1

contain the information required by this subsection.2

(4) ANNUAL STATE REPORT TO THE SEC-3

RETARY.Each State educational agency receiving4

assistance under this part shall report annually to5

the Secretary, and make widely available within the6

State7

(A) information on the achievement of8

students on the academic assessments under9

subsection (b)(2), including the disaggregated10

results for each category of students described11

in subsection (b)(2)(B)(vii)/(ix);12

(B) information on the acquisition of13

English proficiency by children who are English14

learners;15

(C) the number and names of the schools16

identified under section 1114(a)(1)(B), and the17

school assistance strategies developed and im-18

plemented by the local educational agency19

under section 1114(b) to address the needs of20

students in each school;21

(D) the number of students and schools22

that participated in public school choice under23

this title;24

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(E)(i) information on the quality and ef-1

fectiveness of teachers; and2

(ii) the percentage of classes being taught3

by teachers who are licensed or certified to4

teach in their field of study, for the State and5

for each local educational agency and public ele-6

mentary school or secondary school in the7

State; and8

(F) if the State has a statewide teacher,9

principal, or other school leader evaluation sys-10

tem, information on the results of teacher, prin-11

cipal, and other school leader evaluation sys-12

tems.13

(5) PRESENTATION OF DATA.14

(A) IN GENERAL.A State educational15

agency or local educational agency shall only in-16

clude in its annual report card described under17

paragraphs (1) and (2) data that are sufficient18

to yield statistically reliable information, as de-19

termined by the State or local educational agen-20

cy, and that do not reveal personally identifiable21

information about an individual student.22

(B) STUDENT PRIVACY.In carrying out23

this subsection, student education records shall24

not be released without written consent con-25

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sistent with section 444 of the General Edu-1

cation Provisions Act (20 U.S.C. 1232g, com-2

monly known as the Family Educational3

Rights and Privacy Act of 1974).4

(6) REPORT TO CONGRESS.The Secretary5

shall transmit annually to the Committee on Health,6

Education, Labor, and Pensions of the Senate and7

the Committee on Education and the Workforce of8

the House of Representatives a report that provides9

national and State level data on the information col-10

lected under paragraph (4). Such report shall be11

submitted through electronic means only.12

(7) SECRETARYS REPORT CARD.13

(A) IN GENERAL.Not later than July 1,14

2017, and annually thereafter, the Secretary,15

acting through the Director of the Institute of16

Education Sciences, shall transmit to the Com-17

mittee on Health, Education, Labor, and Pen-18

sions of the Senate and the Committee on Edu-19

cation and the Workforce of the House of Rep-20

resentatives a national report card on the status21

of elementary and secondary education in the22

United States. Such report shall23

(i) analyze existing data from State24

reports required under this Act, the Indi-25

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viduals with Disabilities Education Act,1

and the Carl D. Perkins Career and Tech-2

nical Education Act of 2006, and summa-3

rize major findings from such reports;4

(ii) analyze data from the National5

Assessment of Educational Progress and6

comparable international assessments;7

(iii) identify trends in student8

achievement, student performance, and9

secondary school graduation rates (includ-10

ing 4-year adjusted cohort graduation11

rates and extended-year adjusted cohort12

graduation rates, as such rates were cal-13

culated on the day before the date of en-14

actment of the Every Child Ready for Col-15

lege or Career Act of 2015), by analyzing16

and reporting on the status and perform-17

ance of students, disaggregated by each18

category of students described in sub-19

section (b)(2)(B)(vii)/(ix);20

(iv) analyze data on Federal, State,21

and local expenditures on education, in-22

cluding per-pupil spending, teacher salaries23

and pension obligations, school level spend-24

ing, and other financial data publicly avail-25

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able, and report on current trends and1

major findings; and2

(v) analyze information on the teach-3

ing, principal, and other school leader pro-4

fessions, including education and training,5

retention and mobility, and effectiveness in6

improving student achievement.7

(B) SPECIAL RULE.The information8

used to prepare the report described in sub-9

paragraph (A) shall be derived from existing10

State and local reporting requirements and data11

sources. Nothing in this paragraph shall be con-12

strued as authorizing, requiring, or allowing13

any additional reporting requirements, data ele-14

ments, or information to be reported to the Sec-15

retary not otherwise explicitly authorized by any16

other Federal law.17

(e) VOLUNTARY PARTNERSHIPS.18

(1) IN GENERAL.Nothing in this section19

shall be construed to prohibit a State from entering20

into a voluntary partnership with another State to21

develop and implement the academic assessments,22

challenging State academic standards, and account-23

ability systems required under this section.24

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(2) PROHIBITION.The Secretary shall be1

prohibited from requiring or coercing a State to2

enter into a voluntary partnership described in para-3

graph (1), including4

(A) as a condition of approval of a State5

plan under this section;6

(B) as a condition of an award of Federal7

funds under any grant, contract, or cooperative8

agreement;9

(C) as a condition of approval of a waiver10

under section 9401; or11

(D) by providing any priority, preference,12

or special consideration during the application13

process under any grant, contract, or coopera-14

tive agreement.15

(f) SPECIAL RULE WITH RESPECT TO BUREAU-16

FUNDED SCHOOLS.In determining the assessments to be17

used by each school operated or funded by the Bureau18

of Indian Education of the Department of the Interior19

that receives funds under this part, the following shall20

apply:21

(1) Each such school that is accredited by the22

State in which it is operating shall use the assess-23

ments the State has developed and implemented to24

meet the requirements of this section, or such other25

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appropriate assessment as approved by the Secretary1

of the Interior.2

(2) Each such school that is accredited by a3

regional accrediting organization shall adopt an ap-4

propriate assessment in consultation with, and with5

the approval of, the Secretary of the Interior and6

consistent with assessments adopted by other schools7

in the same State or region, that meets the require-8

ments of this section.9

(3) Each such school that is accredited by a10

tribal accrediting agency or tribal division of edu-11

cation shall use an assessment developed by such12

agency or division, except that the Secretary of the13

Interior shall ensure that such assessment meets the14

requirements of this section.15

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.16

(a) PLANS REQUIRED.17

(1) SUBGRANTS.A local educational agency18

may receive a subgrant under this part for any fiscal19

year only if such agency has on file with the State20

educational agency a plan, approved by the State21

educational agency, that is developed in consultation22

with teachers, principals and other school leaders,23

administrators (including administrators of pro-24

grams described in other parts of this title), other25

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appropriate school personnel, and with parents of1

children in schools served under this part, that satis-2

fies the requirements of this section and, as appro-3

priate, that is coordinated with local plans for other4

Federal education programs.5

(2) CONSOLIDATED APPLICATION.The plan6

may be submitted as part of a consolidated applica-7

tion under section 9305.8

(3) STATE REVIEW AND APPROVAL.9

(A) IN GENERAL.Each local educational10

agency plan shall be filed according to a sched-11

ule established by the State educational agency.12

(B) APPROVAL.The State educational13

agency shall approve a local educational agen-14

cys plan only if the State educational agency15

determines that the local educational agencys16

plan satisfies the requirements of this part and17

enables children served under this part to meet18

the challenging State academic standards de-19

scribed in section 1111(b)(1).20

(4) DURATION.Each local educational agen-21

cy plan shall be submitted for the first year for22

which this part is in effect following the date of en-23

actment of the Every Child Ready for College or Ca-24

reer Act of 2015 and shall remain in effect for the25

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duration of the agencys participation under this1

part.2

(5) REVIEW.Each local educational agency3

shall periodically review and, as necessary, revise its4

plan to reflect changes in the local educational agen-5

cys strategies and programs under this part.6

(b) PLAN PROVISIONS.To ensure that all children7

receive a high-quality education that prepares them for8

postsecondary education or the workforce without the need9

for academic remediation, and to close the achievement10

gap between high- and low-performing children, especially11

the achievement gaps between minority and nonminority12

students, and between disadvantaged children and their13

more advantaged peers, each local educational agency plan14

shall describe15

(1) how the local educational agency will work16

with each of the schools served by the agency so that17

students meet the challenging State academic stand-18

ards by19

(A) developing and implementing a com-20

prehensive program of instruction to meet the21

academic needs of all students;22

(B) identifying quickly and effectively23

students who may be at risk for academic fail-24

ure;25

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(C) providing additional educational as-1

sistance to individual students determined as2

needing help in meeting the challenging State3

academic standards;4

(D) identifying significant gaps in stu-5

dent academic achievement between each cat-6

egory of students described in subclauses (I)7

through (IV) of section 1111(b)(2)(B)(vii)/8

(ix) and develop strategies to reduce such gaps9

in achievement; and10

(E) identifying and implementing effec-11

tive methods and instructional strategies that12

are based on scientifically valid research in-13

tended to strengthen the academic program of14

the school;15

(2) how the local educational agency will mon-16

itor and evaluate the effectiveness of school pro-17

grams in improving student academic achievement,18

especially for students not meeting the challenging19

State academic standards;20

(3)(A) how the local educational agency will21

ensure that all teachers and paraprofessionals work-22

ing in a program supported with funds under this23

part meet applicable State certification and licensure24

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requirements, including alternative certification re-1

quirements; and2

(B) how the local educational agency, through3

incentives for voluntary transfers, recruitment pro-4

grams, partnerships with traditional and alternative5

teacher preparation programs, incentive pay,6

performance- or merit-based pay systems, or other7

effective strategies, will identify and address any dis-8

parities that result in low-income students and mi-9

nority students being taught at higher rates than10

other students by ineffective teachers;11

(4) the actions the local educational agency12

will take to assist schools identified under section13

1114(a)(1)(B) and other schools also determined by14

the local educational agency to be in need of assist-15

ance to improve student academic achievement, and16

the funds used to conduct such actions;17

(5) the poverty criteria that will be used to se-18

lect school attendance areas under section 1113;19

(6) the programs to be conducted by such20

agencys schools under section 1113, and where ap-21

propriate, educational services outside such schools22

for children living in local institutions for neglected23

or delinquent children, and for neglected and delin-24

quent children in community day school programs;25

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(7) the services the local educational agency1

will provide homeless children, including services2

provided with funds reserved under section3

1113(a)(3)(C)(i);4

(8) the strategy the local educational agency5

will use to implement effective parental involvement6

under section 1115;7

(9) how the local educational agency will co-8

ordinate and integrate services provided under this9

part with preschool educational services at the local10

educational agency or individual school level, includ-11

ing plans for the transition of participants in such12

programs to local elementary school programs, and,13

if appropriate, a description of how the local edu-14

cational agency will use funds under this part to15

support preschool programs for children, particularly16

children participating in a Head Start program,17

which may be provided directly by the local edu-18

cational agency or through a subcontract with the19

local Head Start agency designated by the Secretary20

of Health and Human Services under section 641 of21

the Head Start Act, or another comparable public22

early childhood development program;23

(10) how the local educational agency will co-24

ordinate programs and integrate services under this25

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part with other Federal, State, and local services1

and programs;2

(11) how teachers, in consultation with par-3

ents, administrators, and specialized instructional4

support personnel, in targeted assistance schools5

under section 1113, will identify the eligible children6

most in need of services under this part;7

(12) if applicable, any measures that are in8

addition to the State-designed assessment system9

under section 1111(b)(2) that are used to determine10

the success of children served under this part in11

meeting the challenging State academic standards;12

and13

(13) at the local educational agencys discre-14

tion, any other indicators that will be used in addi-15

tion to the academic indicators described in section16

1111 for the uses described in such section.17

(c) ASSURANCES.Each local educational agency18

plan shall provide assurances that the local educational19

agency will20

(1) ensure that the results from the assess-21

ments and other measures used under section22

1111(b)(2) will be provided to parents and teachers23

as soon as practicable;24

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(2) ensure that migratory children and for-1

merly migratory children who are eligible to receive2

services under this part are selected to receive such3

services on the same basis as other children who are4

selected to receive services under this part;5

(3) provide services to eligible children attend-6

ing private elementary schools and secondary schools7

in accordance with section 1116, and timely and8

meaningful consultation with private school officials9

regarding such services; and10

(4) participate, if selected, in the National As-11

sessment of Educational Progress in 4th and 8th12

grade reading and mathematics carried out under13

section 303(b)(3) of the National Assessment of14

Educational Progress Authorization Act.15

(d) PARENTS RIGHT-TO-KNOW.16

(1) TEACHER QUALIFICATIONS.17

(A) IN GENERAL.At the beginning of18

each school year, a local educational agency19

that receives funds under this part shall notify20

the parents of each student attending any21

school receiving funds under this part that the22

parents may request, and the agency will pro-23

vide the parents on request (and in a timely24

manner), information regarding the professional25

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qualifications of the students classroom teach-1

ers.2

(B) ADDITIONAL INFORMATION.In ad-3

dition to the information that parents may re-4

quest under subparagraph (A), a school that re-5

ceives funds under this part shall provide to6

each individual parent7

(i) information on the level of8

achievement of the parents child in each9

of the State assessments; and10

(ii) timely notice that the parents11

child has been assigned, or has been12

taught for 4 or more consecutive weeks by,13

a teacher who does not meet applicable14

State certification or licensure require-15

ments.16

(2) LANGUAGE INSTRUCTION.17

(A) NOTICE.Each local educational18

agency using funds under this part or title III19

to provide a language instruction educational20

program as determined under title III shall, not21

later than 30 days after the beginning of the22

school year, inform a parent or parents of a23

child who is an English learner identified for24

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participation or participating in such a program1

of2

(i) the reasons for the identification3

of their child as an English learner and in4

need of placement in a language instruc-5

tion educational program;6

(ii) the childs level of English pro-7

ficiency, how such level was assessed, and8

the status of the childs academic achieve-9

ment;10

(iii) the methods of instruction used11

in the program in which their child is, or12

will be participating, and the methods of13

instruction used in other available pro-14

grams, including how such programs differ15

in content, instructional goals, and the use16

of English and a native language in in-17

struction;18

(iv) how the program in which their19

child is, or will be participating, will meet20

the educational strengths and needs of21

their child;22

(v) how such program will specifi-23

cally help their child learn English and24

meet age-appropriate academic achieve-25

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ment standards for grade promotion and1

graduation;2

(vi) the specific exit requirements for3

the program, including the expected rate of4

transition from such program into class-5

rooms that are not tailored for children6

who are English learners, and the expected7

rate of graduation from secondary school8

(including 4-year adjusted cohort gradua-9

tion rates and extended-year adjusted co-10

hort graduation rates, as such rates were11

calculated on the day before the date of en-12

actment of the Every Child Ready for Col-13

lege or Career Act of 2015) for such pro-14

gram if funds under this part are used for15

children in secondary schools;16

(vii) in the case of a child with a dis-17

ability, how such program meets the objec-18

tives of the individualized education pro-19

gram of the child, as described in section20

614(a)(1)(D) of the Individuals with Dis-21

abilities Education Act; and22

(viii) information pertaining to pa-23

rental rights that includes written guid-24

ance25

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(I) detailing1

(aa) the right that parents2

have to have their child imme-3

diately removed from such pro-4

gram upon their request; and5

(bb) the options that par-6

ents have to decline to enroll7

their child in such program or to8

choose another program or meth-9

od of instruction, if available; and10

(II) assisting parents in select-11

ing among various programs and12

methods of instruction, if more than 113

program or method is offered by the14

eligible entity.15

(B) SPECIAL RULE APPLICABLE DURING16

THE SCHOOL YEAR.For those children who17

have not been identified as English learners18

prior to the beginning of the school year but are19

identified as English learners during such20

school year, the local educational agency shall21

notify the childrens parents during the first 222

weeks of the child being placed in a language23

instruction educational program consistent with24

subparagraph (A).25

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(C) PARENTAL PARTICIPATION.Each1

local educational agency receiving funds under2

this part shall implement an effective means of3

outreach to parents of children who are English4

learners to inform the parents regarding how5

the parents can be involved in the education of6

their children, and be active participants in as-7

sisting their children to attain English pro-8

ficiency, achieve at high levels in academic sub-9

jects, and meet the challenging State academic10

standards expected of all students, including11

holding, and sending notice of opportunities for,12

regular meetings for the purpose of formulating13

and responding to recommendations from par-14

ents of students assisted under this part.15

(D) BASIS FOR ADMISSION OR EXCLU-16

SION.A student shall not be admitted to, or17

excluded from, any Federally assisted education18

program on the basis of a surname or language-19

minority status.20

(3) NOTICE AND FORMAT.The notice and in-21

formation provided to parents under this subsection22

shall be in an understandable and uniform format23

and, to the extent practicable, provided in a lan-24

guage that the parents can understand.25

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SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS;1

SCHOOLWIDE PROGRAMS; TARGETED ASSIST-2

ANCE PROGRAMS.3

(a) ELIGIBLE SCHOOLATTENDANCEAREAS.4

(1) DETERMINATION.5


agency shall use funds received under this part7

only in eligible school attendance areas.8

(B) ELIGIBLE SCHOOL ATTENDANCE9

AREAS.In this part10

(i) the term school attendance area11

means, in relation to a particular school,12

the geographical area in which the children13

who are normally served by that school re-14

side; and15

(ii) the term eligible school attend-16

ance area means a school attendance area17

in which the percentage of children from18

low-income families is at least as high as19

the percentage of children from low-income20

families served by the local educational21

agency as a whole.22

(C) RANKING ORDER.If funds allocated23

in accordance with paragraph (3) are insuffi-24

cient to serve all eligible school attendance25

areas, a local educational agency shall26

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(i) annually rank, without regard to1

grade spans, such agencys eligible school2

attendance areas in which the concentra-3

tion of children from low-income families4

exceeds 75 percent from highest to lowest5

according to the percentage of children6

from low-income families; and7

(ii) serve such eligible school attend-8

ance areas in rank order.9

(D) REMAINING FUNDS.If funds remain10

after serving all eligible school attendance areas11

under subparagraph (C), a local educational12

agency shall13

(i) annually rank such agencys re-14

maining eligible school attendance areas15

from highest to lowest either by grade16

span or for the entire local educational17

agency according to the percentage of chil-18

dren from low-income families; and19

(ii) serve such eligible school attend-20

ance areas in rank order either within each21

grade-span grouping or within the local22

educational agency as a whole.23

(E) MEASURES.The local educational24

agency shall use the same measure of poverty,25

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which measure shall be the number of children1

aged 5 through 17 in poverty counted in the2

most recent census data approved by the Sec-3

retary, the number of children eligible for a free4

or reduced priced lunch under the Richard B.5

Russell National School Lunch Act, the number6

of children in families receiving assistance7

under the State program funded under part A8

of title IV of the Social Security Act, or the9

number of children eligible to receive medical10

assistance under the Medicaid program, or a11

composite of such indicators, with respect to all12

school attendance areas in the local educational13

agency14

(i) to identify eligible school attend-15

ance areas;16

(ii) to determine the ranking of each17

area; and18

(iii) to determine allocations under19

paragraph (3).20

(F) EXCEPTION.This subsection shall21

not apply to a local educational agency with a22

total enrollment of less than 1,000 children.23

(G) WAIVER FOR DESEGREGATION24

PLANS.The Secretary may approve a local25

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educational agencys written request for a waiv-1

er of the requirements of this paragraph and2

paragraph (3) and permit such agency to treat3

as eligible, and serve, any school that children4

attend with a State-ordered, court-ordered5

school desegregation plan or a plan that con-6

tinues to be implemented in accordance with a7

State-ordered or court-ordered desegregation8

plan, if9

(i) the number of economically dis-10

advantaged children enrolled in the school11

is at least 25 percent of the schools total12

enrollment; and13

(ii) the Secretary determines on the14

basis of a written request from such agen-15

cy and in accordance with such criteria as16

the Secretary establishes, that approval of17

that request would further the purposes of18

this part.19

(2) LOCAL EDUCATIONAL AGENCY DISCRE-20

TION.21

(A) IN GENERAL.Notwithstanding para-22

graph (1)(B), a local educational agency may23

(i) designate as eligible any school24

attendance area or school in which at least25

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35 percent of the children are from low-in-1

come families;2

(ii) use funds received under this3

part in a school that is not in an eligible4

school attendance area, if the percentage5

of children from low-income families en-6

rolled in the school is equal to or greater7

than the percentage of such children in a8

participating school attendance area of9

such agency;10

(iii) designate and serve a school at-11

tendance area or school that is not eligible12

under this section, but that was eligible13

and that was served in the preceding fiscal14

year, but only for 1 additional fiscal year;15

and16

(iv) elect not to serve an eligible17

school attendance area or eligible school18

that has a higher percentage of children19

from low-income families if20

(I) the school meets the com-21

parability requirements of section22

1117(b);23

(II) the school is receiving sup-24

plemental funds from other State or25

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local sources that are spent according1

to the requirements of this section;2

and3

(III) the funds expended from4

such other sources equal or exceed the5

amount that would be provided under6

this part.7

(B) SPECIAL RULE.Notwithstanding8

subparagraph (A)(iv), the number of children9

attending private elementary schools and sec-10

ondary schools who are to receive services, and11

the assistance such children are to receive12

under this part, shall be determined without re-13

gard to whether the public school attendance14

area in which such children reside is assisted15

under subparagraph (A).16

(3) ALLOCATIONS.17


agency shall allocate funds received under this19

part to eligible school attendance areas or eligi-20

ble schools, identified under paragraphs (1) and21

(2) in rank order, on the basis of the total22

number of children from low-income families in23

each area or school.24

(B) SPECIAL RULE.25

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(i) IN GENERAL.Except as pro-1

vided in clause (ii), the per-pupil amount2

of funds allocated to each school attend-3

ance area or school under subparagraph4

(A) shall be at least 125 percent of the5

per-pupil amount of funds a local edu-6

cational agency received for that year7

under the poverty criteria described by the8

local educational agency in the plan sub-9

mitted under section 1112, except that this10

clause shall not apply to a local edu-11

cational agency that only serves schools in12

which the percentage of such children is 3513

percent or greater.14

(ii) EXCEPTION.A local edu-15

cational agency may reduce the amount of16

funds allocated under clause (i) for a17

school attendance area or school by the18

amount of any supplemental State and19

local funds expended in that school attend-20

ance area or school for programs that meet21

the requirements of this section.22

(C) RESERVATION.A local educational23

agency shall reserve such funds as are nec-24

essary under this part to provide services com-25

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parable to those provided to children in schools1

funded under this part to serve2

(i) homeless children who do not at-3

tend participating schools, including pro-4

viding educationally related support serv-5

ices to children in shelters and other loca-6

tions where children may live;7

(ii) children in local institutions for8

neglected children; and9

(iii) if appropriate, children in local10

institutions for delinquent children, and11

neglected or delinquent children in commu-12

nity day school programs.13

(b) SCHOOLWIDE PROGRAMS AND TARGETED AS-14

SISTANCE SCHOOLS.15

(1) IN GENERAL.For each school that will16

receive funds under this part, the local educational17

agency shall determine whether the school shall op-18

erate a schoolwide program consistent with sub-19

section (c) or a targeted assistance school program20

consistent with subsection (d).21

(2) NEEDS ASSESSMENT.The de

Documents

AEG15033[1]