780: Dustbin of History

Adam Curry & John C. Dvorak

3h 3m
December 10th, 2015
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Executive Producers: Sir Black Balls of TWiT

Associate Executive Producers: Scott Breakall, Robert Montoya, Ash from Gitmo Nation East, Sir Festus, Sir Nick of the SouthSide, Sir Jonas Astrom, Sir Anthony Colangelo, Eric Henry, Chris Wolf

Cover Artist: Trumps Chopper

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En-antio-dromia - Wikipedia, the free encyclopedia
Wed, 09 Dec 2015 16:43
Enantiodromia (Greek: ἐνάνÏιÎς, enantios, opposite + δρόμÎς, dromos, running course) is a principle introduced by psychiatristCarl Jung that the superabundance of any force inevitably produces its opposite. It is similar to the principle of equilibrium in the natural world, in that any extreme is opposed by the system in order to restore balance. When things get to their extreme, they turn into their opposite. However, in Jungian terms, a thing psychically transmogrifies into its Shadow opposite, in the repression of psychic forces that are thereby cathected into something powerful and threatening. This can be anticipated as well in the principles of traditional Chinese religion - as in Taoism and yin-yang.
The word "enantiodromia" was apparently coined by Stobaeus[1] but the concept is implied also in Heraclitus's writings. In fr. 126, for example, Heraclitus says "cold things warm, warm things cool, wet things dry and parched things get wet."[2] It also seems implicit in other of his sayings, like "war is father of all, king of all" (fr. 53), "they do not know that the differing/opposed thing agrees with itself; harmony is reflexive (ÏαÎ>>ίνÏρÎÏÎς palintropos, used of a compound bow, or "in reflexive tension"), like the bow and the lyre" (fr. 51). In these passages and others the idea of the coincidence of opposites is clearly articulated in Heraclitus' characteristic riddling style, as well as the dynamic motion back and forth between the two, generated especially by opposition and conflict.
Later Plato in the Phaedo will articulate the principle clearly: "Everything arises in this way, opposites from their opposites." (sect. 71a).[3]
Since Jung's recognition of it many centuries later it has been portrayed in modern culture. For example, it has been applied to subject of the film The Lives of Others, to show how one devoted to a communist regime breaks through his loyalty and emerges a humanist.
Jung used the term particularly to refer to the unconscious acting against the wishes of the consciousmind. (Aspects of the Masculine, chapter 7, paragraph 294).
Enantiodromia. Literally, "running counter to," referring to the emergence of the unconscious opposite in the course of time. This characteristic phenomenon practically always occurs when an extreme, one-sided tendency dominates conscious life; in time an equally powerful counterposition is built up, which first inhibits the conscious performance and subsequently breaks through the conscious control. ("Definitions," ibid., par. 709)
Enantiodromia is typically experienced in conjunction with symptoms associated with acute neurosis, and often foreshadows a rebirth of the personality.
The grand plan on which the unconscious life of the psyche is constructed is so inaccessible to our understanding that we can never know what evil may not be necessary in order to produce good by enantiodromia, and what good may very possibly lead to evil. ("The Phenomenology of the Spirit in Fairytales", Collected Works 9i, par. 397)
The term has also been applied as a neologism to describe the tendency of a younger generation to manifest the undesirable traits of a previous generation, despite the repudiation of these traits when they were young.[citation needed] In literary themes of utopics for instance, what is initially perceived as a liberating force of utopia often begins to exhibit dystopian traits of authoritarianism.
See also[edit]References[edit]
Moron Kids
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Urban Dictionary: Jack Move
Sun, 06 Dec 2015 23:37
To steal something from someone without their consent. An action which someone does to another person for their personal belongings.
Walking down the street, I got a JACKMOVE pulled on me. There was a JACKMOVE in da hood.
The act of robbing someone or something.
Person1: (He has a nice throwback Bulls jersey, nice air force ones, nice Bulls hat, and a wallet full of paper.)Person2: (at gunpoint and attempts to pull a jackmove on person 1) "BREAK YOSELF!!!take off all your gear and gimme yo wallet nigga, dis a jackmove foo, give it up mothafucka."
To steal something from someone.
I pulled a jack move on his ass.
To steal something from someone without their consent. An action which someone does to another person for their personal belongings.Syn. Gank, Gaffle, Swipe, LiftI pulled the jack move on that passed out drunk fool's stereo.
Creative and skillful maneuvers used to escape, either from someone chasing or stalking you, or from an awkward social situation.
The cops were onto me after I held up that convenience store, but I pulled jackmoves on them and got away.
a wild, foolish, eccentric move or type of behaviour.
Tom made a jack move by selling his house and moving to bermuda.
Jack Move is a ska/punk band from VaBeach, easily one of the best bands to come from the area. Made up of Dennis on Vocals, Keith and Travis on Trumpet, Sean and Patrick on Trombone, Duane on Bass, and Landon on Drums
Discussion of Jack Move:"Dude have you heard Fifty-Fifty?""That new kick-ass record from Jackmove?""Yeah""Hell yeah, I skanked all day yesterday listenin to that"
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We have very little to fear in modern society, our body is not conditioned to create fear out of the smallest issues
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San Bernardino; the two were Patsys. White guys one in shutter thing up and then they probably were told that shit was kicking off and they went over to go join in the fight and got nailed.
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Agenda 2030
SpaceX CEO Elon Musk is Dead Wrong on Carbon Taxes
Mon, 07 Dec 2015 18:16
Carbon Taxes Can ''Save the Planet'', Elon MuskSpaceX and Tesla Motors, Inc. (NASDAQ:TSLA) CEO Elon Musk says emitting carbon is ''the dumbest experiment in history.'' He's advocating for a bold plan to change that: carbon taxes.
Elon Musk has suggested the nuclear bombardment of Mars poles to create an atmosphere on the red planet also dreams of saving the ''blue planet,'' aka Earth. He suggests people must be charged for polluting, specifically for their CO2 pollution. If we wait too long, implies Musk, the world will experience more destruction than all world wars combined.
Elon Musk would like to colonize Mars and save the Earth. Speaking to students at Paris's famous La Sorbonne university, the entrepreneur has built a multibillion-dollar fortune running companies that make electric cars, sell solar panels, and launch rockets into space with billions in government subsidies. (Source: ''Elon Musk's growing empire is fueled by $4.9 billion in government subsidies,'' Los Angeles Times, December 4, 2015.)
Musk's SpaceX has served supply missions to the International Space Station (ISS) on behalf of NASA and the company competes with Europe's Ariane space program. Through SolarCity, Musk focuses on renewable energy and through Tesla, he targets the luxury electric car market. Tesla is also building a ''Gigafactory'' in the Nevada desert in partnership with Panasonic, which will be the largest battery factory in the world, with a goal of 500,000 units a year.
However, Elon Musk warns we need a carbon tax. During his speech at Sorbonne, Musk argued that the transition from fossil fuels (coal, oil, gas) to renewable energy sources (solar, wind, geothermal, etc.) should be sped up through carbon taxes: ''Whenever you have the opportunity, talk to your politicians, ask them to enact a carbon tax,'' Musk prompted. (Source: ''Elon Musk: Only a Carbon Tax Will Accelerate the World's Exit from Fossil Fuels,'' Fortune, December 2, 2015.)
Elon Musk Is Wrong on Carbon TaxesThe carbon tax Musk refers to is a plan whereby the government taxes energy types that result in the release of carbon dioxide in the atmosphere, trees liking CO2 notwithstanding. Advocates of carbon taxes say that industries based on ''fossil'' energy enjoy an unfair competitive advantage in the form of hidden state aid, because they do not pay for their pollution. A carbon tax world, therefore, is one of the points that delegates from 195 countries at the Paris COP21 conference will include in an agreement to be approved by December 11, the final day of the conference. France and Germany are favorable.
Musk points out that there is no alternative to switching to renewable energy, but the timing is crucial. Should governments wait too long to implement the carbon tax, the world will know more destruction than all the wars in history combined, goes his mantra. A carbon tax would allow the transition to so-called ''cleaner'' energy to be reduced from 40''50 years down to 20 years.
In theory, a carbon tax would also affect Musk's own SpaceX, because its rockets, like the ''Falcon 9'' with its nine engines, emit several gases. As for the waste product resulting from Tesla's electric batteries'... (You didn't think that electric cars and their production were endowed with magic guilt-free energy, did you?) While Musk would argue that they cannot be compared to pollution from fossil fuels, Ozzie Zehner, who wrote ''Unclean at Any Speed,'' a report outlining a 2010 National Academy of Science (NAS) assessment of the hidden costs of energy, suggests, ''the lifecycle health and environmental damages of an electric vehicle are actually greater than that of a gasoline-powered car'...discounting climate change effects.'' (Source: ''Are Electric Cars Really That Polluting?'' Forbes, July 21, 2013.)
Carbon Taxes and the Kyoto ProtocolThe carbon tax is the cousin of that other consequence of the Kyoto Protocol, based on an unproven human responsibility for climate change, known as the ''carbon credit.'' The dubious Kyoto Protocol was created in 1992. While failing to come up with true alternative fuels, the protocol fueled a series of ''environmentalist entrepreneurs,'' who quickly became rather adept at milking the available funds.
In the former Soviet Union, for instance, many carbon credit discussions had absolutely nothing to do with the need to satisfy the energy needs, focusing rather on how bureaucrats and politicians might exploit carbon credits through United Nation and European Union programs to reduce nonexistent or low-carbon emissions in order to claim credits.
Now, Musk, a bona fide apostle of ''renewable'' energy, wants carbon taxes, while having benefited from a California version of the carbon credit, sometimes known as ''cap and trade.'' Tesla Motors has reportedly earned more than $295 million in green subsidy emission credits from 11 states during the past three years for a battery-swapping technology, which customers weren't getting, using the Zero Emission Vehicle barter created by California.
Europe's Emissions Trading Scheme (ETS) has also the brainchild of the Kyoto Protocol since 2005. It allows each member state to grant to businesses and industries a number of carbon dioxide ''units,'' which are nothing more than permits to emit greenhouse gases within certain limits. The failure to comply with the ETS and designated units results in significant penalties.
Although research and innovation make it now possible to produce in a sustainable way, companies, especially those with aging infrastructure, need more time to adapt their systems. The crisis has further slowed down these investments. In order to avoid the penalties, participants buy the credits or, to avoid euphemisms, shares of CO2 emissions. These are mostly bought and sold on an actual carbon trading exchange modeled on the mechanisms of a stock exchange.
Carbon Taxes Confuse Finance and EnvironmentalismThe mechanism of buying and selling has a cost structure, as it serves operators and specialized intermediaries known as ''carbon brokers.'' The carbon brokers are mostly energy consulting firms that are active on both sides of the existing carbon exchange: legally mandated and volunteer.
Mandated carbon credits are bought by industrial giants, for example, which usually pollute and are therefore required, by law, to adhere to the system of exchange. In this case, companies like Ford, GM, or Chrysler, which make the majority of gasoline-powered vehicles, might buy credits that are then handed over in the form of subsidies to perceived ''non-polluters,'' such as Tesla. The ETS monetizes the value of the shares. Under volunteer credits, the proceeds go to green projects by default, such as those related to reforestation. In the mandatory market, the revenues go to the national or state governments and then to the ''virtuous'' companies like Tesla.
Therefore, carbon credits, carbon taxes, and related schemes are actually more about fueling environmental finance than environmental responsibility. The credits are less about projects and research in sustainable production systems and more about the financial interests underlying the market for carbon credits.
Evidently, these policies or mechanisms require the support of governments and supranational organizations and they rely on their will and ability to impose laws and regulations on manufacturing industries, demanding these pay a substantial carbon tax. Some might describe such a regime as a ''green dictatorship'' of sorts.
Is there much difference between those trying to convince us that humanity is provoking an environmental catastrophe (the latest concern, read ''flavor,'' of the moment being global warming, aka climate change) and those suggesting man is incurring God's wrath because of moral depravity?
CEOs purporting to be prophets of a new world might be likened to a sort of ''Che Guevara of business.'' Except that rather than financing their revolution through private donations, foreign powers, or individuals, they're using your money in the form of carbon taxes or carbon credits. Eventually, Fidel Castro, the chairman of the board who started to sense that Che's adventurism was becoming a liability, sent the heroic commandant on a virtual suicide mission in Bolivia. CEOs should focus on what is best for the companies they lead and for their investors; they can save the world on their own time and with their money.
Catastrophism Is the Root of the Carbon Tax IdeaCatastrophism is a symptom of a negative view of humankind, one condemned to sin and condemned to pay for that very sin. Remarkably, religious and environmental catastrophism have the same results: death and devastation brought by plagues, rising seas and polluted air, resulting from either the wrath of God or the wrath of the Earth because of humankind's evil, moral or environmental, depending on the perspective.
Periods of weather anomalies are presented as signs of the coming devastation of the environment, whose symptoms include the extinction of species, disappearing coral, and polar bears floating on isolated icebergs, apparently unable to reach land. In the future, we are told, this will all be even worse, with resources becoming exhausted in a few decades and hundreds of millions of people dying of hunger, breaking loose in bloody wars to grab the latest resources. It is difficult to tell which kind of prophet, the religious or the environmentalist kind, might push this view; the two are indistinguishable.
This catastrophism, as well as an omen of death, drives us to a type of dependence, one might even call it a kind of slavery, forcing us to a series of rituals to appease the wrath of Mother Earth, Gaia Goddess, or God. Accordingly, the rather bizarre notion that we can save the world by replacing normal incandescent 100-watt light bulbs with 40 watts took hold, as has the idea that humans must reduce their output of CO2, even though methane from animals and erupting volcanoes produce far more CO2 than humans could ever imagine to achieve.
Catastrophism is driving the new energy revolution, much like the drive to score military victories has driven technological innovation. Therefore, solar panels and wind farms, so-called alternative energy sources, are driving many otherwise sane humans to encourage the spending of billions to install solar panels and the like, not because they are cost-effective, but because such actions have the effect of a prophetic action, releasing us from our sin. In the 16th century, the Vatican financed the construction of many beautiful buildings by promising people valuable real estate in heaven in exchange for generous donations known as ''indulgences.''
Let there be no doubt that climate change is all too real; but it is the norm, not the sign of a problem, and it is also not to be confused with the changing weather we experience. Nature is dynamic, always in motion, and this applies to nearly everything, including the glaciers, for example. Sometimes, glaciers retreat; it has happened before our very eyes, it is true, but it is a global phenomenon. Antarctica, for example, shows no signs of retreat; even if the Arctic has seen some melting, it is part of a cyclical process (withdrawal and extension) and this phase began more than a century ago with insignificant, if any, input from human activities.
Our cities are polluted. Who would deny it? However, today, they are less, not more, polluted than even 20 years ago and less polluted than 300 years ago, when the Industrial Revolution had not appeared in a crystal ball.
Environmental metrics tend to improve, contrary to what environmentalists are implying, in developed countries, while the real environmental emergency comes from underdevelopment. This has been one of the tragedies of environmentalism being appropriated by the climate change alarmists and by technologies fueled by the fear they induce.
The record of doomsayers' credibility is not good. We cannot travel to the future, but we can check past predictions; after all, catastrophism is as old as humankind. In recent decades, the 1960s and 1970s were rife with catastrophist ideas, the most famous of which was Paul Ehlich's ''population bomb,'' which predicted that in the 70s and 80s, hundreds of millions of people would die of hunger. Just to clarify, the food situation in the world, even in the poorest countries, has generally improved; indeed, Ethiopia, on the brink of the famine popularized by Live Aid, has one of Africa's fastest-growing agricultural sectors and economies.
In 1972, the study ''The Limits to Growth,'' published by the ''Club of Rome,'' translated into 20 languages, sold nine million copies, and often cited by environmentalists, warned of the ''depletion of natural resources,'' even suggesting that by the early 90s, the world would have no more gold, mercury, zinc, oil, and natural gas. Not only are these resources still available, but modern extraction techniques have also made them so abundant that there is a glut and commodity values today, 25 years after the doom scenario was predicted to hit, are cheap (albeit, perhaps too cheap).
The Bottom Line on Carbon TaxesGeorge Carlin, the famous comedian, although he was much more than that, offered an irreverent but highly realistic sketch of environmentalism, skewering the very idea of the ''save the planet'' mantra. Carlin wonders whether the planet really needs saving. Instinctively, many might nod in undivided agreement: the melting of glaciers, the ozone hole, the extinction of many animal species, and so on, being their main ''evidence.'' In fact, a reflection that is more honest shows that this is far from fact and much of environmentalism is just another example of human presumption.
The Earth, as Carlin points out and many forget, has its own system of checks balances and a history of four-and-a-half billion years marked by floods, volcanic eruptions, earthquakes, tsunamis, asteroid impacts, ice ages, and magnetic pole reversals. If a medium-sized asteroid hit the Earth tomorrow, humans might die, but the planet itself would continue along in its existence, bruised maybe, but it would simply readjust.
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Bill Moyers and Michael Winship | The GOP on the Eve of Destruction
Mon, 07 Dec 2015 16:55
Republican presidential hopeful Donald Trump signs autographs and talks with the crowd during a campaign stop at the Greater Columbus Convention Center in Columbus, Ohio, November 23, 2015. (Photo: Andrew Spear / The New York Times)
For reasons hard to fathom, the Republicans seem to have made up their minds: they will divide, degrade and secede from the Union.
They will do so with bullying, lies and manipulation, a willingness to say anything, no matter how daft or wrong. They will do so by spending unheard of sums to buy elections with the happy assistance of big business and wealthy patrons for whom the joys of gross income inequality are a comfortable fact of life. By gerrymandering and denying the vote to as many of the poor, the elderly, struggling low-paid workers, and people of color as they can. And by appealing to the basest impulses of human nature: anger, fear and bigotry.
To see more stories like this, visit Moyers & Company at Truthout.
Turn on your TV or computer, pick up a paper or magazine and you can see and hear them baying at the moon. Donald Trump is just the most outrageous and bigmouthed of the frothing wolf pack of deniers and truth benders. As our friend and colleague Tom Engelhardt of TomDispatch writes, "There's nothing, no matter how jingoistic or xenophobic, extreme or warlike that can't be expressed in public and with pride by a Republican presidential candidate."
Like the pronouncement of the Ministry of Truth in Orwell's 1984, ignorance is strength, whether it's casting paranoid fantasies about thousands of Muslims in New Jersey cheering 9/11, or warning about terrorists in refugees' ragged clothing and Mexican rapists slithering across the border.
Just four-and-a-half years ago, Washington mainstays Thomas Mann and Norman Ornstein shocked the inside-the-Beltway establishment (especially the press, with its silent pact to speak no evil of wrongdoers lest they deny you an interview) when they published their book, It's Even Worse than It Looks. The two esteemed political scientists wrote, "The Republican Party has become an insurgent outlier - ideologically extreme; contemptuous of the inherited social and economic policy regime; scornful of compromise; unpersuaded by conventional understanding of facts, evidence and science; and dismissive of the legitimacy of its political opposition."
In the years since, an ugly situation has only gotten increasingly dire, with right-wing radicals whipped into a frenzy by a Republican establishment that thought it could use their rage, only to find it running amok and beyond their control. In a recent interview with Francis Wilkinson of Bloomberg View, Norman Ornstein said, "The future still looks pretty grim." And Thomas Mann noted, "The burden is on the GOP because they are currently the major source of our political dysfunction. No happy talk about bipartisanship can obscure that reality. Unless other voices and movements arise within the Republican Party to changes its character and course, our dysfunctional politics will continue."
The fever is pandemic not only among the party's presidential candidates but throughout the House and Senate right down to our state governments. Witness erstwhile GOP presidential candidate and current Wisconsin governor Scott Walker cutting off food stamps for the hungry and possibly bankrupting food pantries in his state just in time for Christmas - because many of those on the lowest rung of the ladder haven't yet found a job.
And here's multimillionaire Bruce Rauner winning the governorship of Illinois after spending some $65 million - half of which came from himself and nine other individuals, families or the companies they control. Now he's calling once again on his wealthy friends and allies around the country who, The New York Times reports, "are rallying behind Mr. Rauner's agenda: to cut spending and overhaul the state's pension system, impose term limits and weaken public employee unions"- even though a majority of ordinary citizens in Illinois are opposed.
Meanwhile, with just a few weeks until they adjourn for the holidays, Republicans in the US Congress will try to cram in as much pettiness and vituperation as they can before they head back to their states and districts, no doubt to lead the home front in the fight against "the war on Christmas" launched this time every year by the Republicans' propaganda arm (Fox News) and its shock troops on talk radio.
Congressional Republicans have vowed to free Wall Street from oversight and accountability and to prevent children fleeing the Syrian inferno from coming ashore on US soil. And yes, they will once again be in full throat against gun control (despite the latest tragedy in San Bernardino, California). They're on constant attack against the science of climate change, with the latest salvo two House bills passed December 1 that undermine Environmental Protection Agency rules (the president will veto them). And believe it or not, once again they'll try to scuttle Obamacare, as in Kentucky where the self-financed, wealthy Republican governor-elect has vowed to cut loose hundreds of thousands of people from health insurance.
Take a look at some of their other plans, including the riders congressional Republicans are contemplating for inclusion in the omnibus spending bill that must be passed by December 11. The whole mess is a Bad Santa's list of loopholes benefiting High Finance, tax cuts for the rich, and budget cuts for everyone else, even as they drive the nation deeper into debt and disrepair.
All of these sad examples are but symptoms of a deeper disease - the corruption and debasement of society, government and politics. It is a disease that eats away at the root and heart of what democracy is all about. Remember the opening phrase of the Preamble to the Constitution committing "We, the People" to the most remarkable compact of self-government ever - for the good of all? The Republicans are shredding that vision as they make a bonfire of the hopes that inspired it and, in the process, reduce the United States to a third-rate, sorry excuse for a nation.
Why? For an analogy and an answer we have to go back to the slave-holding Democrats of the 1840s and 50s who were prepared to destroy the Union if necessary to protect and expand the brutal system of human slavery on which their economy and way of life were built. The extremism and polarization engendered made it impossible for politics peacefully to resolve the moral dilemma facing our country. If the Republicans - and the first Republican president, Abraham Lincoln - had not championed and fought to preserve the Union and its government, the United States would have been no more.
Now it is the Republicans who are willing to wreck the country to maintain the gross inequality that divides us - inequality which rewards the party leaders and their donors, just as slavery rewarded white supremacists. They would tear the Republic apart, rip to pieces its already fragile social compact, and reap the whirlwind of a failed experiment in self-government.
Scientists enlist the big gun to get climate action: Faith
Mon, 07 Dec 2015 14:53
PARIS (AP) -- The cold hard numbers of science haven't spurred the world to curb runaway global warming. So as climate negotiators struggle in Paris, some scientists who appealed to the rational brain are enlisting what many would consider a higher power: the majesty of faith.
It's not God versus science, but followers of God and science together trying to save humanity and the planet, they say.
Physicist John Schellnhuber, founder of the Potsdam Institute for Climate Impact Research in Germany, said he has been coming to these international talks for 11 years and essentially seen negotiators throw up their hands and say "sorry guys we tried our best." And no one protested. But this time, with the power of Pope Francis' encyclical earlier this year calling global warming a moral issue and an even more energized interfaith community, Schellnhuber feels the world's faithful are watching and will hold world leaders accountable.
"They know they will be measured against the encyclical," Schellnhuber, a member of the Vatican's Pontifical Academy of Sciences, said Saturday at a Catholic Church event. Ever the scientist, Schellnhuber said on Saturday he hadn't seen any evidence yet during the first week of negotiations that this will happen, but he has faith it will.
In the first five days of climate negotiations, interfaith activists came, fasted, talked to media, buttonholed leaders and prayed. On Saturday night in a downtown Paris chapel, hundreds of people, many of them prostrated on the ground, sang and prayed for the climate negotiators and mostly for the world.
Faith "is much deeper" than science, said Caroline Bader of the Geneva-based Lutheran World Federation.
And so are their numbers. Bader said interfaith leaders recently handed top United Nations negotiators a petition with 1.8 million signatures begging for meaningful climate action. Such action was also sought by Brother Alois Taize, a Catholic member of the ecumenical monastery, as he was preaching at the song-laden service about how the faithful and the world have to open their eyes to solutions to global warming.
"The environment movement, which has primarily been a secular one, has realized that over the last 30 years or so it's not been that successful in achieving its goals," Joe Ware of Christian Aid wrote in an email from the Paris talks. "Increasingly it has looked to faith groups for help in mobilizing a broader movement of people calling for action on climate change. They are actually natural allies as almost all faiths have a theology of creation care at their heart."
Scripps Institution of Oceanography scientist Veerabhadran Ramanathan, a non-Catholic who advised Pope Francis on climate and is on the pontiff's science academy, says he thinks this new alliance will play a major role in what he hopes will be a historic agreement.
But for Ramanathan, now a member of the Holy See's delegation to the climate talks, it's more than science or history. About four years ago he had a moment that he called "a revelation."
He was presenting a paper on glacier melt to the scientists at the pontifical academy. It was academic and laid out the conclusions in cold hard facts. But then the chancellor to the academy, a bishop, added one sentence to the end: "If we want justice and peace, we must protect the habitat that sustains us."
It was quickly agreed to and Ramanathan started to look at climate science not as an academic issue but an issue of justice, because those who are hurt the most by climate change are the world's poorest 3 billion. He started volunteering, working with the poor and examining his own consumption habits, like how much he drives.
Bishop Marcelo Sanchez Sorondo, chancellor of the Pontifical Academy of Sciences, said Pope Francis' encyclical Laudato Si is less about ecology than morality and fairness.
"Climate change is a global problem with serious social, environmental, economic, distributional and political dimensions, and poses one of the greatest challenges for humanity," the bishop said Saturday. "The poor populations are the most severely affected even though they are the least responsible."
Pope Francis, called a rock star by young religious climate activists, was not in Paris. But as he spoke to faithful in St. Peter's Square Sunday he appealed to those deciding on climate change measures to show courage by also fighting poverty, saying "the two choices go together."
He asked for prayers so that those making decisions on climate measures receive "the courage to always use as their criterion of choice the greater good of the human family."
Marcia McNutt, a former U.S. Geological Survey director and Science magazine editor who is about to become the head of the U.S. National Academy of Sciences, can't say enough about the importance of the pope's message.
"You can argue the science until cows come home, but that just appeals to people's intellect," McNutt said. "The pope's argument appeals to someone's heart. Whenever you appeal to someone's heart that's a much more powerful message."
In some ways, the enlisting of the faith movement is a sign of scientists' desperation, but it's also a realization of the need for a moral revolution on climate, said Ramanathan, who actually briefed the pope on climate in a parking lot.
The world will not act enough on climate change, Ramanathan said, "until we teach this in every church, every mosque, every synagogue, every temple."
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Follow Seth Borenstein at http://twitter.com/borenbears and his work can be found at http://bigstory.ap.org/content/seth-borenstein
COP21: African campaigners demand compensation for effects of global warming | Environment | The Independent
Thu, 10 Dec 2015 07:04
African campaigners are demanding compensation for the huge damage being inflicted on the continent by global warming '' a problem that has been caused by the rich countries but will hit poor nations the hardest.
As the United Nations summit to tackle climate change nears its conclusion, African politicians and NGOs are calling for the developed world to provide cash to help them deal with the consequences of a warming planet.
Compensation should cover everything from storm damage and crop failure to desertification and forest degradation, the African nations say.
The funds should also help meet the cost of the mass migration that is inevitable as huge areas become uninhabitable, as well as the rise in diseases such as malaria.
''The cries of the people of Africa impacted by climate change are growing louder and louder as they are losing the farmlands and animals they rely on for their livelihoods to floods and droughts,'' Mithika Mwenda, secretary general of the Pan African Climate Justice Alliance (PACJA), told The Independent.
First climate draft released
''The industrialised world has become wealthy by polluting the atmosphere and now our rivers are running dry and our crops are turning to dust. It is therefore essential that loss and damage is well addressed in the Paris agreement,'' added Mr Mwenda, whose alliance speaks for more than 1,000 farmers, churches, NGOs and other organisations in 45 African countries.
Pa Ousman Jarju, environment minister for the west African nation of Gambia, said: ''Loss and damage is a red line for us. If it is not addressed adequately, there will be no outcome in Paris.'' Mr Jarju is also chairman of the 48-nation Least Developed Countries negotiating bloc.
Low-lying islands, such as the Maldives and the Pacific Island of Tuvalu, are also adamant that any deal will involve compensation as they gradually sink under water.
The issue of compensating developing countries for climate change is highly contentious and the latest draft of the agreement being worked on in Paris revealed that there was still much work to be done before it could be resolved.
Whatever the outcome, it has already been established that the words ''compensation'' and ''liability'' will not appear in any agreement because of fears that they could open rich countries up to hundreds of billions of dollars of legal liabilities.
US special envoy for climate change, Todd Stern, said this week: ''We won't accept the notion that there should be liability and compensation for loss and damage, that's a line we can't cross.''
But he indicated he could be open to financial assistance under a different name '' a stance shared by much of the developing world, including Europe and the UK.
Former Friends of the Earth director Tom Burke, who now works at the E3G environmental think-tank, said: ''Getting this right will go up to the wire. Of the difficult issues still to be resolved in Paris, 'loss and damage' is the one where it is difficult to see the 'landing ground'. Unlike the other outstanding issues, it is hard to see where it's going to end.''
BREAKING: Greenpeace co-founder reports Greenpeace to the FBI under RICO and wire-fraud statutes | Watts Up With That?
Wed, 09 Dec 2015 17:34
'Greenpeace has made itself the sworn enemy of all life on Earth'
By Dr. Patrick Moore, a co-founder of Greenpeace
Greenpeace, in furtherance of what is in effect its war against every species on the planet, has now turned to what, on the face of things, looks to me like outright breach of the RICO, wire-fraud, witness-tampering and obstruction-of-committee statutes. I have called in the FBI.
Greenpeace appears to have subjected Dr Will Happer, Cyrus Fogg Brackett Professor of Physics at Princeton University, to a maladroit attempt at entrapment that has badly backfired on it.
Greenpeace used this dismal rent-by-the-hour office block in the Beirut souk for its entrapment scam
The organization I co-founded has become a monster. When I was a member of its central committee in the early days, we campaigned '' usually with success '' on genuine environmental issues such as atmospheric nuclear tests, whaling and seal-clubbing.
When Greenpeace turned anti-science by campaigning against chlorine (imagine the sheer stupidity of campaigning against one of the elements in the periodic table), I decided that it had lost its purpose and that, having achieved its original objectives, had turned to extremism to try to justify its continued existence.
Now Greenpeace has knowingly made itself the sworn enemy of all life on Earth. By opposing capitalism, it stands against the one system of economics that has been most successful in regulating and restoring the environment.
By opposing the use of DDT inside the homes of children exposed to the anopheles mosquito that carries malaria, Greenpeace contributed to the deaths of 40 million people and counting, most of them children. It now pretends it did not oppose DDT, but the record shows otherwise. On this as on so many issues, it got the science wrong. It has the deaths of those children on what passes for its conscience.
By opposing fossil-fueled power, it not only contributes to the deaths of many tens of millions every year because they are among the 1.2 billion to whom its campaigns deny affordable, reliable, clean, continuous, low-tech, base-load, fossil-fueled electrical power: it also denies to all trees and plants on Earth the food they need.
Paradoxically, an organization that calls itself ''Green'' is against the harmless, beneficial, natural trace gas that nourishes and sustains all green things. Greenpeace is against greenery. Bizarrely, it is opposed to returning to the atmosphere a tiny fraction of the CO2 that was once present there.
In November 2015, out of the blue, Professor Happer received an email from ''Hamilton Ellis'', a soi-disant ''business consultancy'' operating out of rent-by-the-hour offices in a crumbling concrete block in the Beirut souk.
The bucket-shop ''consultancy's'' email said that a ''client'', an energy and power company ''concerned about the impacts of the UN climate talks'', wanted to commission Professor Happer to prepare a ''briefing'' to be released early in 2016 ''which highlights the crucial role that oil and gas have to play in the developing economies, such as our client's Middle East and North Africa region''.
The email smarmed on:
''Given your influential work in this area and your position at Princeton we believe a very short paper authored or endorsed by yourself could work strongly in our client's favour. Does this sound like a project you would be interested in discussing further?''
Will Happer replied enclosing a white paper written, with major input from him, by the CO2 Coalition, a new group that he had helped to establish earlier in 2015. He also sent a copy of testimony on the ''social cost of carbon'' that he had given at a regulatory hearing in St Paul, Minnesota. Crucially, he added: ''I would be glad to try to help if my views, outlined in the attachments, are in line with those of your client.''
In short, he was not prepared to be bought. He would help the ''client'' of the ''business consultancy'' if and only if he was not asked to attest to anything that he did not already believe.
The ''consultancy'' replied:
''It certainly sounds like you and our client are on the same page.'' It went on to ask whether Professor Happer's two papers had been ''part of the same initiative on CO2 reported on [by Matt Ridley] in the London Times recently, and added: ''The focus we envisage for this project comes from a slightly different angle. Our client wants to commission a short briefing paper that examines the benefits of fossil fuels to developing economies, as opposed to a switch to so-called clean energy.''
The ''consultancy'' also wanted to know whether it ''would be able to reference you as Cyrus Fogg Brackett Professor of Physics at Princeton University if this project were to go ahead?''
It also tried to smoke out the identity of Professor Happer's contacts in the U.S. media, and ended with a classical entrapment line:
''It would be useful to know, in your experience, whether you would need to declare the source funding when publishing research of this kind''.
Professor Happer replied that Matt Ridley was ''someone the CO2 Coalition is in close touch with'' and said: ''The article also mentions Patrick Moore, like me a member of the CO2 Coalition, and my friend from Princeton, Freeman Dyson, who shares our views.''
He confirmed that his official title is Cyrus Fogg Brackett Professor of Physics, Emeritus. He also reinforced his earlier message indicating he could not be bought by stating, very clearly:
''To be sure your client is not misled on my views, it is clear there are real pollutants associated with the combustion of fossil fuels, oxides of sulfur and nitrogen for most of them, fly ash and heavy metals for coal, volatile organics for gasoline, etc. I fully support regulations for cost-effective control of these real pollutants. But the Paris climate talks are based on the premise that CO2 itself is a pollutant. This is completely false. More CO2 will benefit the world. The only way to limit CO2 would be to stop using fossil fuels, which I think would be a profoundly immoral and irrational policy.''
Professor Happer added that he no longer had external funding following his retirement, and went on:
''My activities to push back against climate extremism are a labor of love, to defend the cherished ideals of science that have been so corrupted by the climate-change cult. If your client was considering reimbursing me for writing something, I would ask that whatever fee would have come to me would go directly to the CO2 Coalition. This was the arrangement I had with the attorneys representing the Peabody Coal Company in the regulatory hearings in Minnesota. The fee I would have received was sent instead to the CO2 Coalition, a 501(c)(3) tax exempt educational organization. The CO2 Coalition covers occasional travel expenses for me, but pays me no other fees or salary.''
The ''consultancy'' replied that the ''client'' was ''completely comfortable with your views on fossil-fuel pollution''. It asked whether Matt Ridley might ''help to disseminate our research when it is ready'', and whether the briefing could be peer-reviewed. ''On the matter of reimbursement, we would of course remunerate you for your work and would be more than happy to pay the fee to the CO2 Coalition.''
Then another classic entrapment line:
''Our client does not want their name associated with the research as they believe it will give the work more credibility. What provisions does the CO2 Coalition provide? Would this be an issue?''
Professor Happer replied that he was sure Matt Ridley would be interested in the briefing and that Breitbart would be among blogs and syndicated columnists that could also be interested.
As for peer review, he explained that
''this normally refers to original work submitted to a scientific journal for publication, and not to the sort of articles that Ridley writes for the media, or what I think you are seeking to have written. If you like, I could submit the article to a peer-reviewed journal, but that might greatly delay publication and might require such major changes in response to referees and to the journal editor that the article would no longer make the case that CO2 is a benefit, not a pollutant, as strongly as I would like, and presumably as strongly your client would also like.''
He said his fees were $250 per hour, and that his Minnesota testimony had required four eight-hour days, so that the total cost was $8000. He said that, if he wrote the paper alone, he did not think there would be any problem stating that ''The author received no financial compensation for this essay''. He added that he was pretty sure that the ''client's'' donation to the CO2 Coalition would not need to be public according to US regulations of 503(c)(3) educational organizations, but that he could get some legal advice to confirm this if asked.
The ''consultancy'' replied:
''The hourly rate works for us and, as previously discussed, we are happy to make a direct donation to the CO2 Coalition, providing it is anonymous. We can look into the official disclosure regulations, but it would be useful to know whether the CO2 Coalition voluntarily discloses its funders? Presumably there are other donors in a similar position to us?''
They added:
''With regards to peer review, I raised this issue because Matt Ridley's article on Dr Indur Goklany's recent CO2 report said that it had been thoroughly peer reviewed. Would it be possible to ask the same journal to peer review our paper given that it has a similar thrust to Goklany's? It's not a deal-breaker, but I felt that it helped strengthen that piece of work.''
Professor Happer replied that early drafts of Goklany's paper had been reviewed by him and by many other scientists; that he had suggested changes to which the author had responded; that Matt Ridley might also have been a reviewer; and that, although some members of the academic advisory board of the Global Warming Policy Foundation might have been too busy to respond to a request to comment on the first draft, ''The review of Golkany's paper was even more rigorous than the peer review for most journals''. Professor Happer said he would be glad to ask for a similar review for the first drafts of anything he wrote for the ''client''.
He said he would double-check on the regulations, but did not think the CO2 Coalition, a 501(3)c tax-exempt educational organization, was required to make public any donors, except in Internal Revenue Service returns.
He checked with the CO2 Coalition, which replied that the Coalition was not obliged to identify any donors, except to the IRS, who would redact the list of donors if it received a request for the Coalition's form 990.
On December 7 he received an email from one Maeve McClenaghan of Greenpeace, telling him that they had conducted what she grandiosely described as an ''undercover investigation'' '' actually a criminal entrapment scam contrary to the RICO and wire-fraud statutes, and a flagrant attempt both to tamper with a Congressional witness (he is due to testify today, 8 December) and to obstruct committee proceedings '' and that they intended to publish a ''news article '... regarding the funding of climate sceptic science.
She said: ''Our article explores how fossil fuel companies are able to pay academics to produce research which is of benefit to them'' and added that the story would be published on a Greenpeace website and ''promoted widely'' in the media. She gave Professor Happer only hours to respond.
Many of the points she said she proposed to include in the article were crafted in such a way as to distort what the above correspondence makes plain were wholly innocent and honest statements, so as to make them sound sinister. The libels Ms McClenaghan proposed to circulate will not be circulated here.
I am profoundly dismayed that the organization I founded '' an organization that once did good work addressing real environmental concerns '' has descended to what I consider to be criminality and also proposes to descend to libel.
Accordingly, I have decided to inform the Federal Bureau of Investigation of Greenpeace's dishonest and disfiguring attempt at entrapment of Professor Happer, whom I know to be a first-rate scientist, one of the world's half-dozen most eminent and experienced physicists, and one who would never provide any scientific advice unless in his professional opinion that advice was correct.
The organization's timing was clearly intended to spring the trap on Professor Happer hours before he was due to appear in front of Congress. This misconduct constitutes a serious '' and under many headings criminal '' interference with the democratic process that America cherishes.
I have reported Greenpeace to the FBI under 18 USC 96 (RICO statute); 18 USC 1343 (wire fraud); 18 USC 1512 (tampering with a witness due to appear at a Congressional hearing); and 18 USC 1505 (obstruction of proceedings before committees).
I shall also be asking the Bureau to investigate Greenpeace's sources of funding. It is now an enemy of the State, an enemy of humanity and, indeed, an enemy of all species on Earth.
Note: This article was updated shortly after publication to better delineate some quoted text
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Hillary Clinton Urges Silicon Valley to 'Disrupt' ISIS - NYTimes.com
Sun, 06 Dec 2015 23:39
WASHINGTON '-- Hillary Clinton said on Sunday that the Islamic State had become ''the most effective recruiter in the world'' and that the only solution was to engage American technology companies in blocking or taking down militants' websites, videos and encrypted communications.
''You are going to hear all the familiar complaints: 'Freedom of speech,' '' Mrs. Clinton said in an hourlong speech and question-and-answer session at the Brookings Institution's annual Saban Forum, a gathering that focuses mostly on Israel's security issues.
In a reference to Silicon Valley's reverence for disruptive technologies, Mrs. Clinton said, ''We need to put the great disrupters at work at disrupting ISIS,'' an acronym for the militant group.
It was the second time in two weeks that Mrs. Clinton, the front-runner for the Democratic presidential nomination, had thrown herself into the brewing battle between Silicon Valley and the government over what steps should be taken to block the use of Facebook, YouTube, Snapchat and a range of encrypted apps that are adopted by terrorist groups.
But it also risks putting her at odds with technology executives and entrepreneurs crucial to her campaign's fund-raising.
Mrs. Clinton used the forum to continue staking out a far harder line on Iran than President Obama has in public. She repeatedly threatened to take what she called ''harsh'' steps at the first sign that Iran seeks to violate commitments it made in the July nuclear agreement, which sharply limits its ability to possess or produce nuclear fuel for the next 15 years.
She said there should be ''no doubt in Tehran'' that if the United States saw ''any violations in the deal'' or an effort to procure or develop nuclear weapons technology, ''we will stop them,'' including she added, ''taking military action.''
At one point, responding to a question from the audience, she referred to using the ''nuclear option'' against Iran '-- usually interpreted as using a nuclear weapon '-- before her attention was caught by a prominent member of the audience, Justice Stephen G. Breyer of the Supreme Court.
''Oh, the military option'... thank you Justice Breyer, he's a careful listener,'' Mrs. Clinton said, reiterating that she meant a military option to prevent Iran from obtaining a nuclear weapon.
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DHS pushing for more public-private partnership on cyber -- FCW
Mon, 07 Dec 2015 17:54
Cybersecurity
DHS pushing for more public-private partnership on cyberBy Aisha ChowdhryDec 04, 2015The Department of Homeland Security is looking to further expand its cooperation with Israel on cyberspace over the coming year, DHS Deputy Secretary Alejandro Mayorkas said on Dec. 4.
Mayorkas, who said he spends a fair amount of time in his position dealing with cyber issues, travelled to Israel this summer to discuss cybersecurity and other areas of collaboration. The last significant and formal cyber agreement with Israeli partners came in 2008 and Mayorkas is looking to build on that, with an increase in the public and private partnership realm.
"We in the department are so increasingly focused on the cybersecurity threat and efforts to address that threat in a public private partnership and with our partners across the world," he said. "Because of course the interconnectedness of the world speaks to the possibilities, but also speaks very powerfully of the threat"
Mayorkas said he was "astounded" to learn of Israel's cyber innovations, and both parties agreed to cooperate on cyber incident management. He noted, "we have a lot to learn from one another." The deputy secretary plans to visit Israel again in late January of next year to talk about cyber issues. He said it is "vitally important in the cyber space area for the public and private sectors to work together."
The bulk of the speech Mayorkas gave at a forum in Washington revolved around U.S.-Israel cooperation on matters of cyber, but he also noted that when cyber breaches occur, they affect the partners of the United States as well. And while he did not directly blame China for anything specific, Mayorkas made it a point to talk about the recent U.S.-China cyber dialogue, which concluded Dec. 3.
The first high-level dialogue on cybercrime and related issues was held in Washington on Dec. 1 after President Barack Obama and Chinese President Xi Jinping met at the White House in September of this year. Attorney General Loretta E. Lynch and DHS Secretary Jeh Johnson, together with Chinese State Councilor Guo Shengkun, co-chaired the dialogue.
The U.S. and China established guidelines for combatting cybercrime and related issues, agreed to a joint threat response exercise to take place in 2016, agreed to establish a hotline mechanism to better address cyber threats and promised to focus on enhancing cooperation in cyber-enabled crime.
A day after the dialogue started, reports surfaced that Chinese officials said they had arrested the hackers responsible for the theft of personal information through the Office of Personnel Management breach. U.S. officials had long suspected Chinese hackers to be behind the massive breach, which compromised sensitive information on more than 22 million current and former federal workers, contractors and federal job applicants.
"We are taking the approach that actions speak louder than words," Mayorkas told reporters on Friday. So we will be watching the actions to make sure that they [Chinese officials] adhere to the norms and the principles that we have been articulating."
He said the focus of the conversation was not on enforcement and the enforcement response, but "rather working together on a different channel to patch and remediate the vulnerabilities."
About the Author
Aisha Chowdhry is a staff writer covering Congress, the State Department, the Department of Veterans Affairs and the Department of Homeland Security. Connect with her on Twitter: @aishach.
DHS Contract Expands Anti-Hacker EINSTEIN Protection to Every Agency - Nextgov.com
Thu, 10 Dec 2015 07:30
Internet Service Provider CenturyLink has won a multiyear contract worth up to $10.8 million dollars to fill gaps in a governmentwide firewall, according to the Department of Homeland Security.
The deal was inked to complete a goal of making so-called EINSTEIN 3A network protections available to all civilian agencies by Dec. 31, a DHS official told Nextgov on Tuesday.
It also conforms to a sweeping cyber shape-up plan the White House launched in October, following an Office of Personnel Management hack that exposed background check records on 21.5 million Americans applying for access to classified materials and their families.
Right now, EINSTEIN 3A's intrusion-blocking services are only offered to agencies receiving telecommunications services from CenturyLink, AT&T or Verizon. Agencies that connect to the Internet through Sprint, Level 3 or other providers are not protected.
CenturyLink now will secure those agencies that cannot obtain EINSTEIN 3A services from their ISPs.
''We're the only provider authorized to offer E3A to federal civilian agencies where CenturyLink is not the Internet service provider,'' company spokeswoman Linda Johnson said.
AT&T and Verizon will continue offering the services to their respective customers, the DHS official said.
CenturyLink's EINSTEIN 3A program blocks suspicious domain names, filters out malicious email and looks for "signatures" of hacking activity, company officials said on Monday.
The Oct. 30 Cybersecurity Strategy and Implementation Plan indicated an award announcement was imminent.
"DHS has issued a contract action that will provide EINSTEIN 3A protections to participating agencies that are not covered by the ISPs currently under contract," Shaun Donovan, the White House Office of Management and Budget director, and Tony Scott, the U.S. chief information officer, said in the memo.
These network protections -- enhancements to earlier intrusion-''detection'' versions of EINSTEIN -- can actually repel intruders attempting to enter U.S. government systems. This is done by scanning email metadata and Internet traffic for known characteristics of hacker operations, such as infected attachments and malicious Web addresses.
DHS also is testing technology that could block hackers trying to break in through weaknesses in software not publicly known, called "zero day" exploits, Donovan and Scott said. The tactic relies on "behavioral-based analytics," essentially algorithms that spot abnormal user activity or unusual Internet traffic patterns. Results from the trial are due to the White House by March 31, 2016.
The CenturyLink contract consists of a $1.2 million six-month base award, with four 1-year options -- making the total value $10.8 million, according to DHS. The EINSTEIN initiative is estimated to have cost $3 billion since its inception.
DHS Secretary Jeh Johnson on July 8, shortly after the OPM hack was announced, challenged the department to make aspects of E3A "available" to all federal civilian agencies by the end of 2015.
But he and lawmakers have warned that even agencies where EINSTEIN is available are not using the protections.
Sens. Ron Johnson, R-Wisc., and Tom Carper, D-Del., who helm the Homeland Security and Governmental Affairs Committee, have sponsored legislation that would mandate the use of the tool. Currently, EINSTEIN 3A blankets less than half of the civilian government. Some agencies are hesitant, for legal reasons, to share citizen data with DHS, which operates EINSTEIN, Homeland Security officials say.
On Nov. 19, the Government Accountability Office announced the release of a classified report on EINSTEIN, or, as it's officially known, the National Cybersecurity Protection System. The audit, titled "DHS Needs to Enhance Capabilities, Improve Planning, and Support Greater Adoption of Its National Cybersecurity Protection System," reinforces Johnson's concern that EINSTEIN is not living up to its potential, a committee aide said.
(Image via deepadesigns/Shutterstock.com)
CenturyLink awarded DHS EINSTEIN 3 Accelerated service expansion contract
Thu, 10 Dec 2015 07:29
CenturyLink awarded DHS EINSTEIN 3 Accelerated service expansion contractCompany to provide critical cybersecurity services to federal agencies
WASHINGTON, Dec. 7, 2015 /PRNewswire/ -- CenturyLink, Inc. (NYSE: CTL) was recently awarded a service expansion contract from the U.S. Department of Homeland Security (DHS) to provide EINSTEIN 3 Accelerated (E3A) protections to U.S. federal civilian agencies that cannot access E3A services through their existing Internet service provider.
CenturyLink was previously awarded a contract to provide EINSTEIN cybersecurity protections to the company's customers in March 2013.
Through E3A, CenturyLink has been offering web Domain Name System protections, advanced email filtering and signature-based intrusion prevention security services to federal civilian agencies that receive their Internet service through CenturyLink.
This service expansion contract allows CenturyLink to offer E3A services to departments and agencies that receive their Internet service from other providers that aren't able to deploy these critical cybersecurity protections.
The new contract helps DHS strengthen America's defense against growing cyber threats and meet the objectives outlined by U.S. Secretary of Homeland Security Jeh Johnson to make E3A protections available to all federal civilian agencies by the end of 2015.
DHS's EINSTEIN program uses network traffic patterns indicating known or suspected malicious cyber activity to help participating federal agencies protect their IT systems.
EINSTEIN capabilities are provided through a combination of commercial off-the-shelf hardware and software, government-developed software, and commercially available managed security services that are enhanced by DHS-provided information.
"CenturyLink is excited to be able to offer EINSTEIN cybersecurity protections to more federal agencies," said CenturyLink Senior Vice President and General Manager Tim Meehan, who leads the company's federal government team. "CenturyLink's E3A service was the first to achieve initial operating capability from DHS and the first fully operational E3A system to begin actively providing cybersecurity services to federal civilian agencies' end-users."
CenturyLink is also a fully approved commercial services provider under the DHS Enhanced Cybersecurity Services (ECS) program, which helps U.S.-based companies protect their IT systems from unauthorized access, exploitation and data exfiltration.
By supplying E3A and ECS services over its carrier-class network, CenturyLink is able to provide federal government agencies and U.S.-based companies with the information security and reliability they need to carry out their missions.
CenturyLink is ranked No. 37 on Washington Technology's 2015 Top 100 list of federal government IT contractors.
About CenturyLinkCenturyLink (NYSE: CTL) is a global communications, hosting, cloud and IT services company enabling millions of customers to transform their businesses and their lives through innovative technology solutions. CenturyLink offers network and data systems management, big data analytics and IT consulting, and operates more than 55 data centers in North America, Europe and Asia. The company provides broadband, voice, video, data and managed services over a robust 250,000-route-mile U.S. fiber network and a 300,000-route-mile international transport network. Visit CenturyLink for more information.
Logo - http://photos.prnewswire.com/prnh/20140806/134213
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/centurylink-awarded-dhs-einstein-3-accelerated-service-expansion-contract-300188486.html
SOURCE CenturyLink, Inc.
DHS expands CenturyLink's work on Einstein
Thu, 10 Dec 2015 07:23
Cybersecurity
DHS expands CenturyLink's work on EinsteinBy Mark RockwellDec 09, 2015The Department of Homeland Security has tapped CenturyLink to provide Einstein 3 Accelerated protections to federal civilian agencies that cannot get the services through their existing Internet service providers.
CenturyLink, which was originally awarded a contract to provide Einstein services to federal customers in March 2013, has been providing civilian agencies with E3A services, including web Domain Name System protection, email filtering and intrusion prevention.
AT&T jumped on the E3A bandwagon in November, and Verizon also offers the network security shield. But agencies that obtain services from telecommunications carriers that do not participate in Einstein must turn to a third-party provider.
U.S. CIO Tony Scott announced plans to extend E3A protections to all agencies by Dec. 31 under the Cybersecurity Strategy and Implementation Plan, which also directs federal agencies to report major cybersecurity breaches to Congress within seven days of discovery.
The plan's other goals include issuing a governmentwide contract vehicle for cybersecurity incident response by April 30, 2016, and having the National Institute of Standards and Technology release guidance to help agencies recover from breaches by June 30, 2016.
About the Author
Mark Rockwell is a staff writer covering acquisition, procurement and homeland security. Contact him at mrockwell@fcw.com or follow him on Twitter at @MRockwell4.
Cyber legislation could hitch a ride on funding bill
Thu, 10 Dec 2015 07:22
Congress
Cyber legislation could hitch a ride on funding billBy Aisha ChowdhryDec 09, 2015The chairman of the House Homeland Security Committee said cybersecurity legislation could make its way into the omnibus appropriations bill this year.
However, Rep. Michael McCaul (R-Texas) said, "I prefer we go through the normal regular process" and move the bill as a "separate vehicle."
On Dec. 8, Senate Intelligence Committee Chairman Richard Burr (R-N.C.) told reporters that it was possible cybersecurity legislation would be added to the omnibus bill.
"I don't ever rule any vehicle out because I hate to pass on a vehicle that I know is going to find its way to the president," Burr said.
Still, there are differences that must be resolved between the House and Senate cybersecurity bills. Both chambers want some liability and antitrust protection for companies that share information on cyberthreats with the government. However, the House bill limits direct access to shared information to the Department of Homeland Security while the Senate bill permits some direct access by intelligence agencies, including the National Security Agency.
Burr said those differences are being worked out. But at a Dec. 9 breakfast meeting with reporters hosted by the Christian Science Monitor, McCaul said the language related to the DHS information-sharing portal seems to be a topic of disagreement.
He said technology companies would prefer that intelligence agencies not be included in the portal "because...that will kill the business overseas."
Burr told FCW on Dec. 8 that "we worked out problems with the administration and [DHS] before we ever moved on the bill in the Senate."
In November, before the differences between the bills were being hashed out, McCaul said he expected and hoped that "privacy groups are going to weigh in very heavily in this conference committee."
This week, he said, "If this is not done right and the privacy groups are not satisfied or the technology companies are not satisfied, we will lose votes on the omnibus." He added that the Senate and House are close to reaching agreement on a bill that privacy advocates "will appreciate."
About the Author
Aisha Chowdhry is a staff writer covering Congress, the State Department, the Department of Veterans Affairs and the Department of Homeland Security. Connect with her on Twitter: @aishach.
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Gestolen Nederlandse kunst duikt op in Oekra¯ne - AD.nl
Mon, 07 Dec 2015 14:49
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A Coalition in Which Some Do More Than Others to Fight ISIS - NYTimes.com
Mon, 07 Dec 2015 03:05
White House Letter
By PETER BAKER
WASHINGTON '-- In the aftermath of the terrorist attack on Paris, President Obama wanted to make clear that much of the world was with the United States in fighting the Islamic State.
''We have mobilized 65 countries to go after ISIL,'' Mr. Obama told reporters while on a trip to Turkey, using an acronym for the group. ''The United States has built and led a broad coalition against ISIL of some 65 nations,'' he said several days later.
''The United States, France and our coalition of some 65 nations have been united in one mission '-- to destroy these ISIL terrorists,'' he added a few days after that.
The president has sought to evoke the sort of grand coalition the United States led in World War II. But when it comes to the war part of the war against the Islamic State, the 65-member coalition begins to shrink rapidly down to a coalition of just a handful.
As of Nov. 19, the United States had conducted 6,471 of the 8,289 airstrikes against the Islamic State, according to the Pentagon. American warplanes carried out about two-thirds of the strikes on Iraqi territory and 95 percent of those on Syrian territory. Australia, Canada, France and Jordan have conducted strikes in both countries. Belgium, Denmark, the Netherlands and Britain have participated just in Iraq, while Bahrain, Saudi Arabia, Turkey and the United Arab Emirates have participated just in Syria.
That leaves more than 50 other coalition members that have never been directly involved in the air campaign. Some early participants, like Saudi Arabia, Bahrain, Jordan and the U.A.E., have not conducted a strike in months. While France has stepped up its strikes since the Paris attacks, Canada's new prime minister is sticking to his vow to pull its six CF-18 fighter jets out of the bombing campaign, although Canadian surveillance and refueling aircraft may stay with the mission.
''Presidents want to assure the American people that they are not alone in fighting the enemy and won't have to bear the costs alone,'' said Bruce O. Riedel, a senior fellow at the Brookings Institution who advised Mr. Obama on Afghanistan. ''The striking note about this coalition is that not one of the 65 members is ready to put boots on the ground.''
The Obama administration considers just 24 of the countries to be part of the core group that meets quarterly. The Italians are training Iraqi police officers, the Germans and Emiratis are working with 20 countries to stabilize war-torn areas, and 18 countries are training Iraqi and Kurdish military.
But many others seem included in the membership rolls because they have adopted policies protecting their own security. Countries like Kuwait and Tunisia have broken up Islamist cells. Sweden is speeding up legislation to curb the abuse of Swedish passports and to criminalize foreign fighters. Albania approved a national strategy to combat violent extremism. Other members include Luxembourg, Montenegro, Iceland, Taiwan, Singapore, Bosnia and Herzegovina, Latvia, and Kosovo.
''I don't know why the White House has put as much emphasis on the coalition as it has, because it's been fairly transparent for a long time that the overwhelming majority of those nations have sent in their $25 contributions and not done much more,'' said Daniel Benjamin, Mr. Obama's former State Department counterterrorism coordinator, now at Dartmouth College.
James F. Jeffrey, a former ambassador to Iraq under Mr. Obama who is now at the Washington Institute for Near East Policy, said that given America's overwhelming military power, allies are helpful mainly for political reasons and in stabilization phases.
''These coalitions are always useful for international legitimacy and U.S. domestic support, but traditionally have significant military potential only when doing low intensity 'day after' or 'day before' defensive or holding missions,'' he said.
One reason Mr. Obama has emphasized the size of the coalition lately has been to isolate Russia, which has begun its own military operations in Syria, independent of the United States and its allies, to bolster the government of President Bashar al-Assad.
''We've got a coalition of 65 countries who've been active in pushing back against ISIL for quite some time,'' Mr. Obama said last week. ''Russia right now is a coalition of two '-- Iran and Russia, supporting Assad.''
At a briefing this month, John Kirby, the State Department spokesman, defended the coalition when a reporter suggested Russia was doing more than many members.
''It's a coalition of the willing, which means every nation has to be willing to contribute what they can,'' Mr. Kirby said. Not everyone can conduct airstrikes, he added, ''but that doesn't mean that other nations' contributions aren't important.''
Gen. John R. Allen, the retired Marine who traveled to 30 capitals assembling the coalition, enlisting Nigeria, Tunisia and Malaysia in September, said its significance went beyond its military activities.
''While it is the coalition's kinetic actions that often receive the most attention, it is the aggregate effect of the coalition's activities across multiple lines of effort that will in the end determine the coalition's success,'' he said in a speech last month before stepping down as special envoy.
Mr. Obama's coalition of the willing is reminiscent of President George W. Bush's own coalition of the willing in the Iraq war kicked off by the invasion in 2003. Much like Mr. Obama, Mr. Bush regularly talked about his coalition, numbered at 49 shortly after the invasion, in his case to counter assertions that he waged war unilaterally over the objections of the international community.
Mr. Bush's coalition included more allies with actual forces on the ground than today's. Shortly after the invasion, American partners had about 25,000 troops in Iraq. But the Bush coalition was also inflated by such global players as the Dominican Republic, the Marshall Islands, Micronesia, the Solomon Islands and Tonga.
At the time, Democrats mocked Mr. Bush's coalition. Few were more caustic than John Kerry, then a senator from Massachusetts, who would challenge Mr. Bush in the 2004 election. At various points, Mr. Kerry dismissed Mr. Bush's coalition as just ''window dressing,'' ''the phoniest thing I ever heard'' and the ''coalition of the bribed, the coerced, the bought and the extorted.''
Now Mr. Obama's secretary of state, Mr. Kerry sees more virtues in the current coalition as it fights the Islamic State, also called Daesh. Just before the Paris attacks, he declared in a speech: ''The coalition has already made a huge difference in reversing Daesh's momentum and in saving people's lives.''
Even if not all 65 of them.
The Irony of Clinton's Comparison of Putin to Hitler
Mon, 07 Dec 2015 02:47
Clinton's US colleagues are supporting neo-Nazis in Ukraine
When Hillary Clinton compared Russian President Vladimir Putin's actions to Adolf Hitler in remarks this week, you wonder if she was aware that the US government is supporting a government with ties to neo-Nazis in Ukraine today.
Claiming that Putin is acting like the former Nazi leader is unsophisticated and preposterous, particularly for a seasoned official like Clinton. But did she really not know that the US is openly supporting the anti-Semitic Svoboda party in Ukraine and that any mention of Hitler could bring attention to America's ties to the neo-Nazi movement in the former Soviet Republic?
You wonder if Clinton was aware of the phone call between her former State Department colleague Victoria Nuland and US Ambassador to Ukraine Jeffrey Pyatt in which they discuss Oleh Tyahnybok, the leader of the Svoboda party who has a history of anti-Semitic remarks (Tyahnybok is the person John McCain was criticized for meeting with in Kiev in December). Nuland describes Tyahnybok as one of the big three within the opposition leadership that the US was assisting in overthrowing the government in Ukraine. This is the same Tyahnybok who was expelled from the Ukrainian parliament in 2004 because of a speech he gave praising World War II partisans who fought Jews and "other scum." Tyahnybok also claimed that the "Jewish-Russian mafia" were running Ukraine at the time, and is the person who declared that Nazi death camp guard John Demjanjuk was a hero who was "fighting for truth." In 2005 Tyahnybok wrote open letters demanding Ukraine do more to halt "criminal activities" of "organized Jewry."
The ultra nationalist Svoboda party has a "history of anti-Semitism and [has a] platform of ethnic nationalism," according to Abraham H. Foxman, National Director of the Anti- Defamation League. Maybe Clinton was just ignorant of this fact, and the fact that "white supremacist banners and Confederate flags were draped inside Kiev's occupied City Hall, and demonstrators have hoisted Nazi SS and white power symbols over a toppled memorial to V.I. Lenin." Openly anti-Semitic parties include White Hammer and C14, the neo-Nazi youth wing of the Svoboda party, according to Haaretz.
It could be that Clinton is simply uninformed, like some others, as described by Seumas Milne of the British Guardian, "You'd never know from most of the reporting that far-right nationalists and fascists have been at the heart of the protests and attacks on government buildings."
But Clinton had to have known that a 2012 European Parliament resolution condemned the Svoboda party for its racist, anti-Semitic and xenophobic views, and that the US is today supporting that same party. "The [Svoboda] party traces its roots to the Ukrainian partisan army of World War II, which was loosely allied with Nazi Germany, and its debut in Parliament [in 2012] elicited objections from Israel and groups that monitor hate speech," according to a recent New York Times article by Andrew E. Kramer. Kramer continued, "Until 2004, Svoboda had been called the Social-Nationalist Party, which critics said was just a word flip away from its true ambitions and a deliberate reference to the National Socialism of the Nazis. Unabashed neo-Nazis still populate its ranks, organizations that study hate groups in Europe say."
Wasn't Clinton aware that another top Svoboda member, Yuriy Mykhalchyshyn, a deputy in parliament, often quotes Nazi Propaganda Minister Joseph Goebbels, as well as other Third Reich luminaries like Ernst Rohm and Gregor Strasser?
It's clear that people like Hillary Clinton are pushing for more US influence in Ukraine, and attempting to make Russia look bad is one tactic to achieve this goal. But by ridiculously comparing Putin to Hitler, Clinton unwittingly brought to the surface the ironic fact that it is her own country's government -- not Russia's -- that is supporting forces in Ukraine who embrace the Nazi philosophy.
The Freedom of the Russian special services called marasmus story of the stolen paintings | ARGUMENT
Tue, 08 Dec 2015 18:54
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Benghazi
Judicial Watch: New State Department Emails Reveal Hillary Clinton Slept Past Staff Efforts to Set Up Intelligence Briefing - Judicial Watch
Tue, 08 Dec 2015 23:34
Clinton Advisor Sidney Blumenthal Attacks Mitt Romney as ''Contemptible,'' a ''Mixture of Greedy Ambition and Hollowness''
(Washington, DC) '' Judicial Watch today released a new batch of emails of former Secretary of State Hillary Clinton connected to the Benghazi attack. Included is an email chain showing that Clinton slept late the Saturday after the Benghazi attack and missed a meeting that her staff had been trying to set up about sensitive intelligence issues, including the Presidential Daily Brief, on a day she was to make a slew of phone calls to foreign leaders.
Also included in the documents is an email from Clinton advisor Sidney Blumenthal, sent three days after the attack, describing then-Republican presidential nominee Mitt Romney as ''contemptible on a level not seen in past contemptible political figures'' and a ''mixture of greedy ambition and hollowness.''
The documents contain an email passed to Clinton in the days following the Benghazi attack in which the father of alleged Army deserter Bowe Bergdahl anguishes over the '''Crusade' paradigm'' which he says ''will never be forgotten in this part of the world.''
An email from former Ambassador Joe Wilson to Clinton expresses his concern about ''Christian Dominionists who seek to turn [the military] into an instrument of their religious zealotry.''
Other emails show approval of an effort to blame an Internet video on the Benghazi attack that aired on the Al Jazeera network.
The new emails were obtained by Judicial Watch as a result of several court orders in two separate Judicial Watch Freedom of Information Act (FOIA) lawsuits for Clinton Benghazi material. (The court orders are dated July 31, 2015, October 9, 2015, and October 20, 2015.) The documents have been made public only because Judicial Watch's litigation has forced the State Department to conduct additional searches.
The new Benghazi documents include email traffic showing that on the Saturday two days after the Benghazi terrorist attack Hillary Clinton slept past staff efforts to set up an intelligence briefing:
From: Hanley, MonicaSent: Saturday, September 15, 2012 09:17 AMTo: 'HDR22@clintonemail.com' Cc: 'huma@clintonemail.com' Subject: PDB
Dan will be at Whitehaven with the PDB at 9:30am this morning.
He has some sensitive items that he would like to personally show you when he arrives.
***
From: H [mailto:HDR22@clintonemail.com]Sent: Saturday, September 15, 2012 10:43 AMTo: Hanley, Monica RSubject: Re: PDB
I just woke up so I missed Dan. Could he come back after I finish my calls? But I don't have the call schedule yet so I don't know when that would be. Do you?
From: Hanley, Monica R [mailto:HanleyMR@state.gov]Sent: Saturday, September 15, 2012 10:51 AMTo: HSubject: Re: PDB
A pouch with all of your call sheets and the schedule in en route to you. Here it is below as well.
Also in the pouch are a few read items, and an action memo authorizing the War Powers resolution for Tunisia that the office would like you to approve today. Ops can send a courier over to pick up the action memo later today.
12:00 UK FM Hague12:15 Egyptian FM Amr12:30 Israeli PM Netanyahu1:15 French FM Fabius1:30 Saudi FM Saud al-Faisal2:00 Somali Former Transitional President Sharif2:15 Libyan PM-elect Abu-Shakour2:30 Turkish FM Davutoglu3:00 Somali President Mohamoud (T)
-Moroccan King is still pending.
-NEW CALL: King Juan Carlos of Spain called today and offered anytime today or tomorrow. His office relayed that it is a personal call inquiring after the status of the Embassies in the Middle East. We are working on a call sheet.
The State Department's records include a September 14, 2012, email from Clinton advisor Sidney Blumenthal to Clinton in which Blumenthal passes along a controversial article by his son Max and attacks then-Republican presidential candidate Mitt Romney:
From: Sidney BlumenthalSent: Friday, September 14, 2012 10:48 AMTo: HSubject: Re: m.guardian.co.uk
Max knows how to do this and fearless. Hope it's useful and gets around, especially in the Middle East.
Keep speaking and clarifying. Your statements have been strong. Once through this phase, you might clarify history of US policy on Arab Spring, what has been accomplished, US interests at stake, varying relations with Libya & Egypt, etc.
Romney, of course, is contemptible, but contemptible on a level not seen in past contemptible political figures. His menace comes from his emptiness. His greed is not limited simply to mere filthy lucre. The mixture of greedy ambition and hollowness is combustible. He will do and say anything to get ahead, and while usually self-immolating he is also destructive. Behind his blandness lies boundless ignorance, ignited by consistently wretched judgment. His recent statements are of a piece with everything he has done from naming Ryan to his welfare ads, etc.
Keep speaking'...
xo
Sid
The Blumenthal email includes a link to an article by his son Max Blumenthal that suggests that American conservatives, Zionists and the Israel government were behind the Internet video that was falsely linked by Clinton and Barack Obama to the Benghazi attack. Clinton responded with an approving, ''Your Max is a Mitzvah.'' Another email shows that Mrs. Clinton wanted three copies of the Max Blumenthal Benghazi video article printed out. (Max Blumenthal is a leftist journalist known for his attacks on Israel and American foreign policy. In January, 2015, he is quoted calling American Sniper hero Chris Kyle an ''unrepentant, sadistic killer.'')
In addition to Blumenthal's attack on Romney, the newly released documents also include an email chain forwarded to Clinton from her former State Department deputy chief of staff Jacob Sullivan in which Robert Bergdahl, the father of alleged Army deserter Bowe Bergdahl, relates the death of U.S. ambassador Chris Stevens to what the senior Bergdahl calls the '''Crusade' paradigm:''
Please convey our abiding condolences to everyone in the Foreign Service. Your service is most notable and almost invisible. Our Nation is stumbling through a very volatile world. The ''Crusade'' paradigm will never be forgotten in this part of the world and we force our Diplomats to carry a lot of baggage around while walking on eggshells.
Be very careful my friend!
I'm very sorry,
bob
After receiving the email from Mr. Bergdahl, Mrs. Clinton orders a response (which is not disclosed) be prepared.
The new documents also contain an email from former Ambassador Joe Wilson to Clinton concerning the Benghazi attack, in which he suggests the military is being compromised ''Christian Dominionists'' in the U.S. military:
From: Joe WilsonSent: Saturday, September 15, 2012 10:27 AMTo: HSubject: From Joe Wilson
Dear Hillary, '...
Glen Doherty [CIA contractor killed in the Benghazi attack] was a fellow member of the Military Religious Freedom Advisory Board, which fights to ensure that our military is not further compromised by the Christian Dominionists who seek to turn it into an instrument of their religious zealotry, an army for Christ rather than for the defense of our nation. He was invaluable in helping us uncover several cases where religious indoctrination was taking place under the guise of military training'....
''These new Benghazi emails are disturbing and show why Hillary Clinton and the Obama administration had to be forced to disclose them,'' said Judicial Watch President Tom Fitton. ''Hillary Clinton, despite knowing that terrorists were responsible for the attack, allowed her spokesman to go to the Arab world and blame an Internet film. Hillary Clinton trafficked in fantastical conspiracy theories that suggested both American conservatives and Israel were to blame for the Benghazi attack and jihadist violence in the Muslim world. And the crazed email from Sidney Blumenthal shows that she was taking direction on her Benghazi spin based upon attack-style presidential campaign politics. Finally, the 'I just got up' email shows that, smack dab in the middle of the Benghazi crisis, Hillary Clinton fell behind and may have not been fully briefed as she began an intense round of phone calls to foreign leaders.''
Judicial Watch's FOIA lawsuits filed in 2014 and 2015 forced the release of these records.
The first lawsuit, filed on September 4, 2014, (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01511)), sought:
All records concerning notes, updates, or reports created in response to the September 11, 2012, attack on the U.S. Consulate in Benghazi, Libya. This request includes, but is not limited to, notes taken by then Secretary of State Hillary Rodham Clinton or employees of the Office of the Secretary of State during the attack and its immediate aftermath.The second FOIA lawsuit, filed on May 6, 2015, (Judicial Watch v. U.S. Department of State (No. 1:15-cv-00692), sought:
All emails of former Secretary of State Hillary Rodham Clinton regarding the September 11, 2012, attack on the U.S. Consulate in Benghazi, Libya. The timeframe for this request is September 11, 2012 to January 31, 2013.As Judicial Watch chief investigator reporter Micah Morrison detailed last month, Sidney Blumenthal advised Clinton on Libya (and may have had business interests there). The JW report also disclosed how Hillary Clinton emailed classified information to Blumenthal in response to his lobbying for Amb. Wilson's efforts to secure taxpayer financing for an energy project in Africa. Hillary Clinton's contacts with Blumenthal, who was also a highly paid employee of the Clinton Foundation, should have been subject to State Department ethics reviews for conflicts of interest, as promised by Mrs. Clinton. For example, in January 2009, Hillary Clinton promised President Obama and United States Senate considering her confirmation that:
If confirmed as Secretary of State, I will not participate personally and substantially in any particular matter that has a direct and predictable effect upon this foundation, unless I first obtain a written waiver or qualify for a regulatory exemption.
###
Judicial Watch: New Benghazi Email Shows DOD Offered State Department ''Forces that Could Move to Benghazi'' Immediately '' Specifics Blacked Out in New Document
Tue, 08 Dec 2015 23:33
''They are spinning up as we speak.'' U.S. Department of Defense Chief of Staff Jeremy Bash Tuesday, September 11, 2012, 7:19 PM
(Washington, DC) '' Judicial Watch today released a new Benghazi email from then-Department of Defense Chief of Staff Jeremy Bash to State Department leadership immediately offering ''forces that could move to Benghazi'' during the terrorist attack on the U.S. Special Mission Compound in Benghazi, Libya on September 11, 2012. In an email sent to top Department of State officials, at 7:19 p.m. ET, only hours after the attack had begun, Bash says, ''we have identified the forces that could move to Benghazi. They are spinning up as we speak.'' The Obama administration redacted the details of the military forces available, oddly citing a Freedom of Information Act (FOIA) exemption that allows the withholding of ''deliberative process'' information.
Bash's email seems to directly contradict testimony given by then-Secretary of Defense Leon Panetta before the Senate Armed Services Committee in February 2013. Defending the Obama administration's lack of military response to the nearly six-hour-long attack on the U.S. Consulate in Benghazi, Panetta claimed that ''time, distance, the lack of an adequate warning, events that moved very quickly on the ground prevented a more immediate response.''
The first assault occurred at the main compound at about 9:40 pm local time '' 3:40 p.m. ET in Washington, DC. The second attack on a CIA annex 1.2 miles away began three hours later, at about 12 am local time the following morning '' 6 p.m. ET.
The newly released email reads:
From: Bash, Jeremy CIV SD [REDACTED]Sent: Tuesday, September 11, 2012 7:19 PMTo: Sullivan, Jacob J; Sherman, Wendy R; Nides, Thomas RCc: Miller, James HON OSD POLICY; Wienefeld, James A ADM JSC VCJCS; Kelly, John LtGen SD; martin, dempsey [REDACTED]Subject: Libya
State colleagues:
I just tried you on the phone but you were all in with S [apparent reference to then-Secretary of State Hillary Clinton].
After consulting with General Dempsey, General Ham and the Joint Staff, we have identified the forces that could move to Benghazi. They are spinning up as we speak. They include a [REDACTED].
Assuming Principals agree to deploy these elements, we will ask State to procure the approval from host nation. Please advise how you wish to convey that approval to us [REDACTED].
Jeremy
Jacob Sullivan was Deputy Chief of Staff to Secretary of State Hillary Clinton at the time of the terrorist attack at Benghazi. Wendy Sherman was Under Secretary of State for Political Affairs, the fourth-ranking official in the U.S. Department of State. Thomas Nides was the Deputy Secretary of State for Management and Resources.
The timing of the Bash email is particularly significant based upon testimony given to members of Congress by Gregory Hicks, Deputy Chief of Mission of the U.S. embassy in Tripoli at the time of the Benghazi terrorist attack. According to Hicks' 2013 testimony, a show of force by the U.S. military during the siege could have prevented much of the carnage. Said Hicks, ''if we had been able to scramble a fighter or aircraft or two over Benghazi as quickly as possible after the attack commenced, I believe there would not have been a mortar attack on the annex in the morning because I believe the Libyans would have split. They would have been scared to death that we would have gotten a laser on them and killed them.''
Ultimately, Special Operations forces on their own initiative traveled from Tripoli to Benghazi to provide support during the attack. Other military assets were only used to recover the dead and wounded, and to evacuate U.S. personnel from Libya. In fact, other documents released in October by Judicial Watch show that only one U.S. plane was available to evacuate Americans from Benghazi to Tripoli and raise questions about whether a delay of military support led to additional deaths in Benghazi.
The new email came as a result of a Judicial Watch Freedom of Information Act (FOIA) lawsuit filed on September 4, 2014 (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01511)), seeking:
Records related to notes, updates, or reports created in response to the September 11, 2012 attack on the U.S. Consulate in Benghazi, Libya. This request includes, but is not limited to, notes taken by then Secretary of State Hillary Rodham Clinton or employees of the Office of the Secretary of State during the attack and its immediate aftermath.''The Obama administration and Clinton officials hid this compelling Benghazi email for years,'' said Judicial Watch President Tom Fitton. ''The email makes readily apparent that the military was prepared to launch immediate assistance that could have made a difference, at least at the CIA Annex. The fact that the Obama Administration withheld this email for so long only worsens the scandal of Benghazi.''
###
Elections 2016
Jewish Leaders Blame Hillary Clinton For 'Legitimizing' Ukraine's Neo-Nazi Party - Breitbart
Mon, 07 Dec 2015 01:16
Foreign Minister Avigdor Lieberman wrote on October 27, ''Israel is concerned by the recently signed coalition agreement between the 'Batkyvshchyna' party and the extremist 'Svoboda' party in Ukraine. Antisemitic insults by 'Svoboda' have caused outrage on number of occasions both in Ukraine and in Israel. The 'Svoboda' leader has praised the fight 'against kikes and dirty Russians.'''
One prominent Jewish leader, who asked to remain unnamed, says that Clinton's New York Times op-ed ripping the current Ukrainian administration has ''created a neo-Nazi Frankenstein by issuing a de facto endorsement of Mrs. Tymoshenko and her choices.''
The Svoboda Party is led by Oleg Tyagnibok, who has suggested that Ukraine is occupied by ''Yids and Russians,'' as well as making statements about ''kikes.'' An activist of Svoboda and a candidate for mayor of Lviv in the 2010 elections, Yuri Mikhalchishin, last year called on supporters to use the methods of Hamas. He also called the Holocaust as a ''bright period'' in the history of Europe and declared the state of Israel ''illegitimate.''
On Sunday, Tymoshenko's opposition party ran in an election alliance with the extremist Svoboda Party, which for the first time broke through the 5% minimum vote barrier, achieving dozens of seats; all in all, Svoboda received around 11% of the national vote according to exit polls.
Now, top Jewish leaders are calling on Israeli Prime Minister Benjamin Netanyahu to pressure Secretary of State Hillary Clinton for a retraction of her support for Tymoshenko. President Obama has, in the past, spoken out strongly against anti-Semitism and Holocaust denial: ''We know that evil has yet to run its course on earth '.... To this day, there are those who insist the Holocaust never happened, who perpetrate every form of intolerance, racism and anti-Semitism, homophobia, sexism, and more.'' So, too, has Prime Minister Netanyahu: ''The threat to my country cannot be overstated. Those who dismiss it are sticking their heads in the sand. Less than seven decades after 6 million Jews were murdered, Iran's leaders deny the Holocaust of the Jewish people, while calling for the annihilation of the Jewish state. Leaders who spew such venom should be banned from every respectable forum on the planet. Now, there's something that makes the outrage even greater. And you know what that is? It's the lack of outrage. Because in much of the international community the calls for our destruction are met with utter silence.''
That silence continues from the State Department with regard to Ukraine.
Donald Trump Supporters Mostly Uneducated, New Poll Finds
Mon, 07 Dec 2015 15:38
Donald Trump supporters did not have a very flattering picture painted of them by a new CNN/ORC poll.
Take it for what it's worth, but respondents in the poll of Republican voters were found to be largely less college-educated.
Yahoobroke down the results further, finding that Donald Trump ''runs significantly stronger among less-educated, less-affluent voters, and performs particularly well among voters in the 50-64 age range.''
The poll also found that the billionaire former reality television star of The Apprentice currently leads the Republican presidential primary race with 36 percent support, or ''20 percentage points higher than his closest challenger.''
Donald Trump supporters also rated him higher on a number of hot-button issues, such as the economy, foreign policy, immigration, and ISIS, ''in some cases by 30- and 40-percentage point margins,'' Yahoo added.
''Trump's support is heavily concentrated among non-college educated Republicans and those who only lean Republican and thus are less inclined to show up and vote in primaries and caucuses,'' said Larry Sabato, director of the University of Virginia's Center for Politics in an email to the news site.
He continued.
''The key question is: Will the currently fragmented college-educated half of the GOP coalesce around another candidate (say, Rubio) eventually?'... If they do, they can stop Trump. If they stay fractured, then they may very well have to deal with the November consequences of a Trump nomination '-- and that won't be pretty.''
To this last point, it may be too soon to count out Donald Trump and the level of support he has received nationally. His rallies attract more supporters than any other candidate (on both sides of the aisle).
Of course, some of these individuals confess to going out of ''morbid curiosity,'' such as a number identified in this piece by WNYC. But more often than not, Donald Trump rallies are stocked to the gills with avid supporters, and they don't necessarily fit the mold illustrated by the CNN/ORC research.
Take, for example, this IJReview rundown of supporters at a rally in Jacksonville, Florida. They ran the gamut from middle class families to female college students to senior citizens.
Digging a little deeper into the CNN/ORC research accounts for some of this by pointing out that Trump's support seems divided between the less-educated and the wealthy, with 40 percent support from voters who earn less than $50,000 and 33 percent from voters who earn more.
Also, as Yahoo pointed out, ''people without a college degree represent 68 percent of the population over 25 years of age.''
If Donald Trump is motivating this group to a high voter turnout, it's not unrealistic that he could first win the nomination and then clinch the White House.
The latest general election polling data from Real Clear Politics between Trump and Democrat front-runner Hillary Clinton finds the former First Lady with only the narrowest of margins (0.6 percent) at 44.3 percent of the vote compared to the Donald's 43.7 percent.
[Image via RCP, linked above]That information was taken from polling data reported from Nov. 16 to Nov. 30 of this year.
The spreads on that data ranged from a +6 percentage-point advantage for Clinton to a +5 for Trump.
Something else: the GOP establishment is far from sold on Trump at the moment. He has had some very bitter public battles with right-leaning Fox News since the first debate, and party heads are starting to coalesce behind ''safer'' candidates like Marco Rubio and Jeb Bush.
Even so, adding up Bush and Rubio's support doesn't touch the 36 percent Donald Trump is currently commanding.
Once the primaries are over, Trump's base is likely to grow as GOP voters fall in behind his campaign. Clinton's support is likely to remain steady.
But, what do you think, readers? Are Donald Trump supporters ''dumber'' than average. Regardless, will it ultimately matter in his bid for the White House?
[Image via a katz/Shutterstock.com]
Clinton's Aide, Huma Abedin, Claims 'Racism' When Trump Hits Islam's Ideas
Thu, 10 Dec 2015 05:02
The fund-raising pitch by the vice-chairman of Clinton's 2016 campaign illustrates the progressives' new image of themselves as the noble defenders of Muslims, and even of Islam. Many progressives view their support for Muslims as a continuation of their support for racial minorities, such as African-Americans. Many progressives are also eager to describe Americans' broad dislike of Islam's ideas as a sickness, which they dub ''Islamophobia.''
But their views treat racism '-- the irrational hostility towards racial groups because of their innocuous characteristics, for example, skin color '-- as similar to Americans' evolved and rational hostility towards the aggressive un-American ideology of Islam.
The progressives' self-image as the defender of Islam, however, conflicts with Islam's many commandments directing violence against non-Muslims, women, and gays, and its formal hostility towards democracy, free-speech and social equality.
Abedin's letter says:
I'm a proud Muslim '-- but you don't have to share my faith to share my disgust.
Trump wants to literally write racism into our law books. His Islamophobia doesn't reflect our nation's values '-- it goes far enough to damage our country's reputation and could even threaten our national security.
Unfortunately, Trump is leaning into the kind of fear of progress that very well could help him win the nomination. We have to be ready to stop him.
Add your name to stand with Hillary and build a stronger, fairer, more inclusive country together:
Thank you,
Huma
Huma Abedin
Abedin, whose parents were part of Saudi Arabia's radical Islamic sector, issued her email shortly after Donald Trump called for a conditional ban on Muslim entry into the United States.
According to a piece by Breitbart's Michelle Fields:
In a statement released Monday, Trump pointed to a poll from Center for Security Policy to show that segments of the Muslim population detest Americans.
According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population. Most recently, a poll from the Center for Security Policy released data showing ''25% of those polled agreed that violence against Americans here in the United States is justified as a part of the global jihad'' and 51% of those polled, ''agreed that Muslims in America should have the choice of being governed according to Shariah.''
Trump reiterated in the statement that America must understand radical Islam before allowing Muslims into the country.
Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension. Where this hatred comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.
However, lopsided majorities of Americans strongly oppose the migration of Muslims to the United States.
Evan Kohlmann - Wikipedia, the free encyclopedia
Thu, 10 Dec 2015 03:46
Evan F. Kohlmann (born 1979) is an American terrorism consultant who has worked for the FBI and other governmental organizations.[1][2][3][4][5][6]
He is a contributor to the Counterterrorism Blog, a senior investigator with The Nine Eleven Finding Answers Foundation, and a terrorism analyst for NBC News.[1]
Early life and education[edit]In a profile for the Penn Law Journal, Kohlmann said he spent summers in France while growing up, because his father studied there. Kohlmann graduated from Pine Crest School in Fort Lauderdale, Florida.
He attended the Georgetown University Edmund A. Walsh School of Foreign Service, where he studied under Mamoun Fandy.[2] Fandy's mentorship sparked his interest in Middle East politics. "When [Fandy] lived in Egypt, he passed by the number two guy in al-Qaeda there every day. He really knew his subject."
Kohlmann entered the University of Pennsylvania Law School in the fall of 2001, a few weeks before al-Qaeda's attacks on the U.S. on September 11, 2001.[2]
Counter-terrorism career[edit]Kohlmann worked as an intern at The Investigative Project, a Washington, DC, counter-terrorism think-tank.[2][7]
He wrote Al- Qaida's Jihad in Europe: The Afghan-Bosnian Network while he was a law student.[8][citation needed] "I turned to a classmate and said, 'This is Osama Bin Laden, and I have to go do something about it'."[citation needed]
He is a Senior Terrorism Consultant for The NEFA Foundation.[9][10] He is also a contributor to the Counterterrorism Blog,[11] and a terrorism analyst for NBC News.[1]
He has called Anwar al-Awlaki "one of the principal jihadi luminaries for would-be homegrown terrorists. His fluency with English, his unabashed advocacy of jihad and mujahideen organizations, and his Web-savvy approach are a powerful combination." He calls al-Awlaki's lecture "Constants on the Path of Jihad", which he says was based on a similar document written by al-Qaeda in Saudi Arabia's founder, the "virtual bible for lone-wolf Muslim extremists."[12]
The Al Qaida Plan[edit]Kohlmann produced "The Al Qaida Plan" to be used as evidence during the Guantanamo Military Commissions.[13]Carol Rosenberg of the Miami Herald reported that "The Al Qaida Plan" was modeled after a film made for the Nuremberg tribunals called "The Nazi Plan".
Expert witness[edit]Kohlmann has served frequently as an expert witness for the prosecution in terrorism trials.[2][14][15] "There haven't been that many cases yet, so sometimes the prosecutors are doing their first ones. I know how the courts work, so I am pretty valuable right now.'' Despite being considered a terrorism expert, Kohlmann cannot read, write or speak Arabic.[16]
His expertise & neutrality has been disputed by defense attorneys and other experts, while his book '"Al-Qaida's Jihad in Europe: The Afghan-Bosnian Network'" was declined by University of Pennsylvania Press.[17]
He testified as an expert witness in the following cases:
[18][dead link]
CaseDefendantNotesU.S. v. Sabri BenkhalaSabri BenkhalaU.S. v. Ali TimimiAli al-TimimiU.S. v. Uzair ParachaUzair ParachaU.S. v. Ali Asad ChandiaAli Asad ChandiaU.S. v. Yassin ArefYassin ArefKohlmann was a last-minute replacement for the prosecution's original witness, Rohan Gunaratna.[21]U.S. v. Rafiq SabirRafiq Abdus SabirMedical doctor who allegedly agreed to provide clandestine medical treatment to wounded jihadists, and to have sworn bayat to a government agent pretending to be al-Qaeda official.[22]U.S. v. Emadeddine MuntasserEmadeddine MuntasserRegina v. Mohammed Ajmal Khan and Palvinder SinghMohammed Ajmal KhanPalvinder SinghH.M.A. v. LawyersMohammed Atif SidiqueBin Laden's driver's trialRegina v. Samina MalikSamina MalikRegina v. Hassan MutegombwaHassan MutegombwaRegina v. TsouliYounes Tsouli (Irhabi 007)Charged with posting manuals on computer hacking, and posting al-Qaeda jihadist propaganda (often on unsuspecting external web pages).[23][24]Publications[edit]Evan Kohlmann (December 20, 1999). "A Bitter Harvest: The Soviet Intervention in Afghanistan and its Effects on Afghan Political Movements"(PDF). Georgetown University. Retrieved February 18, 2008. [dead link]Evan Kohlmann (April 17, 2001). "The Legacy of the Arab-Afghans: A Case Study"(PDF). Georgetown University. Retrieved February 18, 2008. [dead link]Evan Kohlmann (January 2, 2003). ""Axis of Evil": Indicted Hamas leader linked to al Qaeda activist in Midwest". National Review. Retrieved February 18, 2008. Evan F. Kohlmann (2004). Al-Qaida's Jihad in Europe: The Afghan-Bosnian Network. Berg. ISBN 1-85973-807-9. Evan Kohlmann (May 14, 2004). "Breeding Ground: A home for al Qaeda in Iraq". National Review. Retrieved February 18, 2008. Evan Kohlmann (September''October 2006). "The Real Online Terrorist Threat". Foreign Affairs. Retrieved February 18, 2008. Evan Kohlmann (December 2008). "Inside As-Sahaab: The Story of Ali al-Bahlul and the Evolution of Al-Qaida's Propaganda"(PDF). NEFA Foundation. Retrieved December 3, 2008. mirrorEvan F. Kohlmann (2008). "Homegrown" Terrorists: Theory and Cases in the War on Terror's Newest Front". The ANNALS of the American Academy of Political and Social Science618 (1): 95''109. Retrieved February 8, 2010. See also[edit]References[edit]^ abcCTC Sentinel, January 2008. Vol 1. Issue 2 (p. 9), Combating Terrorism Center, United States Military Academy (West Point)^ abcdeRobert Strauss (Fall 2006). "Terrorists Beware: Kohlmann is on the case". Penn Law Journal. Retrieved February 18, 2008. ^Kevin Berger (March 2, 2007). "The Iraq insurgency for beginners". Salon magazine. Retrieved February 18, 2008. ^Yuki Noguchi, Evan Kohlmann (April 19, 2006). "Tracking Terrorists Online". The Washington Post. Retrieved February 18, 2008. ^Evan Kohlmann (August 8, 2005). "Al Qaeda and the Internet". The Washington Post. Retrieved February 18, 2008. ^''Cyberterrorism: the use of the internet for terrorist purposes'', Council of Europe, 2007, ISBN 92-871-6226-3, accessed February 8, 2010. April 19, 2006. Retrieved March 23, 2010. ^''Terror on the Internet: the new arena, the new challenges'', Gabriel Weimann, US Institute of Peace Press, 2006, ISBN 1-929223-71-4, accessed February 8, 2010. September 11, 2001. Retrieved March 23, 2010. ^Kohlmann, Evan F. (2004). Al-Qaida's Jihad in Europe: The Afghan-Bosnian Network. Berg. ISBN 1-85973-807-9. ^''Inside the asylum: why the UN and Old Europe are worse than you think'', Jed L. Babbin, Regnery Publishing, 2004, ISBN 0-89526-088-3. Retrieved March 23, 2010. ^"The NEFA Foundation '' About Us". .nefafoundation.org. September 11, 2001. Retrieved March 23, 2010. [dead link]^"Counterterrorism Blog". Counterterrorism Blog. Retrieved March 23, 2010. ^Meyer, Josh (November 9, 2009). "Fort Hood shooting suspect's ties to mosque investigated". Los Angeles Times. Retrieved January 24, 2010. ^Carol Rosenberg (July 29, 2008). "Lawyers give expert testimony at bin Laden's driver's trial". McClatchy News Service. Retrieved July 29, 2008. mirror^Smith, George (October 2, 2007). "The War on Terror's professional witness". The Register (Situation Publishing Ltd.). Retrieved October 3, 2007. ^Lettice, John (October 23, 2007). "Jailed terror student 'hid' files in the wrong Windows folder". The Register (Situation Publishing Ltd.). Retrieved November 5, 2007. ^http://www.wnyc.org/articles/wnyc-news/2012/apr/30/high-profile-cases-tapping-terror-experts-testimony-becomes-de-rigueur/^https://firstlook.org/theintercept/2015/07/27/doogie-huckster-terrorism-experts-secret-relationship-fbi/^Evan Kohlmann. "About GlobalTerroristAlert". Global Terrorist Alert. Retrieved February 18, 2008. ^"Teacher jailed for aiding LeT". Times of India. August 26, 2006. Retrieved February 18, 2008. A 29-year-old Maryland man has been sentenced to 15 years in prison for providing support to Pakistan-based terrorist outfit Lashkar-e-Taiba. ^"Ali Asad Trial '' May 30, 2006". Retrieved February 10, 2008. ^"U.S. v. YASSIN MUHIDDIN AREF and MOHAMMED MOSHARREF HOSSAIN"(PDF). talkleft. September 2006. Retrieved February 18, 2008. On September 24, 2006, the government substituted expert Evan Kohlmann in place of Rohan Gunaratna, and he prepared and submitted a report. In the one paragraph that he devotes to JEI, he does not talk about JEI Bangladesh, but rather switches to JEI generally, which is an organization which is markedly different in different countries. ^"Doctors can't treat terrorists: US judge". The Age. January 31, 2007. Retrieved February 18, 2008. ^''Spinning Intelligence: Why Intelligence Needs the Media, Why the Media Needs Intelligence'', Robert Dover, Michael S. Goodman, Columbia University Press, 2009, ISBN 0-231-70114-4. Retrieved March 23, 2010. ^''Muslim minorities in modern states: the challenge of assimilation'', Raphael Israeli, Transaction Publishers, 2008, ISBN 1-4128-0875-8. Retrieved March 23, 2010. External links[edit]
Illuminate the Deep & Dark Web - Advisory Board - Flashpoint
Thu, 10 Dec 2015 03:41
Flashpoint's Advisory Board includes leaders in the private sector and former senior government officials who provide advice and counsel to Flashpoint's management team.
Erik RasmussenErik Rasmussen is the Director of Cyber Intelligence and Investigations for Global Payment System Risk at Visa Inc. Mr. Rasmussen runs external matters as it relates to merchant data breaches, point of sale (POS) attacks and other aspects of threat intelligence designed to protect the payment system.
Mr. Rasmussen served over 9 years in the United States Secret Service and most recently was the head of investigations at Fidelity National Information Services (FIS Global). He has an extensive background investigating global financial crimes and intelligence cases and is extremely well connected with both national and international law enforcement agencies.
Mr. Rasmussen is a native of Los Angeles, attended both Occidental College and Seattle University School of Law and is CISSP certified.
Bob StasioBob Stasio brings nearly 14 years of valuable experience combatting malicious cyber actors, serving in roles within the U.S. intelligence community, the U.S. military, and the private sector. As CEO of Ronin Analytics, Mr. Stasio created a commercial threat intelligence product based on expertise developed with the federal government. Previously, Mr. Stasio acted in managerial positions at the NSA Cyber Center, U.S. Cyber Command, and the U.S. Army Signals Intelligence Corps. He served in Iraq during the 2007 troop surge, receiving the Bronze Star and Global War on Terrorism Expeditionary Medal in prior years with the U.S. Army.
Mr. Stasio, a CISSP and a fellow at the Truman National Security Project, holds an MA in Intelligence Studies from American Military University and a BS in Mathematical Physics from SUNY Buffalo.
Dave MorrowDave Morrow is the President of Plateau Security Advisors, LLC, which provides cyber security and threat consulting to large and small businesses. He has over 30 years experience in cyber security, investigations, and incident response. Mr. Morrow has headed the Air Force Office of Special Investigations cyber investigations division; was CISO for a major IT services firm and a global credit card processor; headed cyber incident response and threat intelligence for a major US bank and held leadership roles in various information security consulting organizations.
Manoj KumarManoj Kumar is Co-Founder and CEO of GraphUS Inc, a cyber security startup that monitors and protects the email channel from being exploited by cyber criminals, hactivists and nation states. Mr. Kumar has over 20 years of industry experience in Internet, cyber security, and cyber intelligence.
Prior to co-founding GraphUS, Manoj was CTO and VP of products at CyberIQ, Inc. where he led the company's cyber intelligence and security product vision, strategy and execution. Before joining CyberIQ, Mr. Kumar was CTO of Cyveillance, Inc. a leading provider of cyber intelligence to fortune 1000 companies. Prior to that, Mr. Kumar was VP of global product engineering at VeriSign.
Mr. Kumar holds an MS in Computer Science from University of Maryland and a Bachelor of Engineering from the Indian Institute of Technology (IIT). Mr. Kumar has authored several patents in the field of Internet and cyber security and co-authored IETF RFC 2832 on Internet domains registration.
Don CodlingDon Codling joined Signature Systems LLC as Chief Information Security Officer in July 2011. He retired from the FBI in 2011 after more than 23 years of service. He served as Supervisory Special Agent, Unit Chief and DHS National Cyber Security Division Liaison from Cyber Division, FBI in Washington, D.C.
Jim PuttJim Putt served in the Central Intelligence Agency's Clandestine Service for nearly 20 years. Mr. Putt is an Arabic speaker and spent some 15 years serving in the Middle East and South Asia, focused on terrorism issues.
Bruce RiedelBruce Riedel is a Senior Fellow in the Saban Center for Middle East Policy at the Brookings Institution. He retired in 2006 after 30 years service at the Central Intelligence Agency including postings overseas. He was a senior advisor on South Asia and the Middle East to the last four Presidents of the United States in the staff of the National Security Council at the White House. In January 2009, President Barack Obama asked him to chair a review of American policy towards Afghanistan and Pakistan, the results of which the President announced in a speech on March 27, 2009.
Illuminate the Deep & Dark Web - Flashpoint
Thu, 10 Dec 2015 03:40
Sanitized Data from Hostile Frontiers
We are pioneers in monitoring threatening communities active in the areas of the internet impenetrable to mainstream search engines'--the Deep & Dark Web. Flashpoint delivers crucial data from these unsafe environments, shouldering the risk for your security team.
Unique IntelligenceHighly differentiated data from exclusive online communities of malicious actors - opaque networks that require substantial op-sec investment, foreign language and subject matter expertise, and proprietary software tools - delivered as rich, actionable intelligence. We use direct access and automation to help our clients discover digital patterns of life of sophisticated adversaries.
Human InvestigationFlashpoint's multilingual subject matter experts have been mapping uncharted areas of the Internet for more than a decade, long before it was referred to as the ''Deep & Dark Web.'' They are intimately familiar with these areas of the Internet and are fluent not only in the relevant languages such as Russian, Mandarin, and Arabic, but also the content and culture of these communities, from malware development to the latest criminal exploits.
Targeted AutomationInnovative engineering working in concert with subject matter expertise guides state-of-the art automated tools to gather immediately relevant data and combat information overload and false positives. The result is a treasure trove of searchable, structured data - an archive of both historical and realtime content that has already separated the wheat from the chaff where every data point is of high value.
What is the Deep & Dark Web?
The Deep Web refers to the broad swath of the Internet that traditional search engines are unable to access, including password-protected web forums, chat services like Internet Relay Chat (IRC), file sharing and P2P technologies like BitTorrent. The Dark Web is a subcomponent of the Deep Web that is not only inaccessible to mainstream search engines but only visible to users who have installed specialized software, such as Tor or I2P, enabling access to these regions of the Internet. Many forums, websites, and marketplaces on the Dark Web offer highly anonymized environments to conduct malicious activities and purchase illicit goods and services.
Definition of Terms | Homeland Security
Wed, 09 Dec 2015 23:04
The Office of Immigration Statistics recognizes the importance of protecting the identity of individuals included in the data used to generate tabulations, reports, and other research. Below is an alphabetical listing of common terms and their definitions.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
AAdoption - See Orphan.
Adjustment to Immigrant Status - Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time.
Agricultural Worker - As a nonimmigrant class of admission, an alien coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor.
Alien - Any person not a citizen or national of the United States.
Amerasian Act - Public Law 97-359 (Act of 10/22/82) provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.
Amerasian (Vietnam) - Immigrant visas are issued to Amerasians under Public Law 100-202 (Act of 12/22/87), which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien.
Apprehension - The arrest of a removable alien by the Department of Homeland Security. Each apprehension of the same alien in a fiscal year is counted separately.
Asylee - An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.
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BBeneficiaries - Aliens on whose behalf a U.S. citizen, lawful permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Department of Homeland Security. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.
Border Crosser - An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours.
Border Patrol Sector - Any one of 21 geographic areas into which the United States is divided for the Department of Homeland Security's Border Patrol activities.
Business Nonimmigrant - An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources.
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CCancellation of Removal - A discretionary benefit adjusting an alien's status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.
Certificate of Citizenship - Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).
Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Country of -
Birth: The country in which a person is born.Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.(Last) Residence: The country in which an alien habitually resided prior to entering the United States.Nationality: The country of a person's citizenship or country in which the person is deemed a national.Crewman - A foreign national serving in a capacity required for normal operations and service on board a vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he arrived.
Criminal Removal - The deportation, exclusion, or removal of an alien who has 1) been charged under a section of the Immigration and Nationality Act that requires a criminal conviction and that charge is the basis for the removal or 2) a criminal conviction noted in the Deportable Alien Control System (DACS) for a crime that renders the alien removable. An alien with an appropriate criminal conviction is considered a criminal alien regardless of the section of law under which the alien was removed.
Cuban/Haitian Entrant - Status accorded 1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to the INS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.
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DDeferred Inspection - See Parolee.
Departure Under Safeguards - The departure of an illegal alien from the United States which is physically observed by a Department of Homeland Security official.
Deportable Alien - An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently lost legal status.
Deportation - The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability.
Derivative Citizenship - Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.
Diversity - A category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program.
Docket Control - The DHS mechanism for tracking the case status of potentially removable aliens.
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EEmployer Sanctions - The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.
Exchange Visitor - An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.
Exclusion - Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.
Expedited Removal - The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the DHS to quickly remove certain inadmissible aliens from the United States. The authority covers aliens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. The authority covers aliens who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled by an immigration officer at a port-of-entry. The DHS has the authority to order the removal, and the alien is not referred to an immigration judge except under certain circumstances after an alien makes a claim to lawful status in the United States or demonstrates a credible fear of persecution if returned to his or her home country.
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FFiance(e)s of U.S. Citizen - A nonimmigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within ninety days after entry.
Fiscal Year - Currently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976.
Foreign Government Official - As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens' spouses and unmarried minor (or dependent) children.
Foreign Information Media Representative - As a nonimmigrant class of admission, an alien coming temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign information media and the alien's spouse and unmarried minor (or dependent) children.
Foreign State of Chargeability - The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States, and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences. Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.
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GGeneral Naturalization Provisions - The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and have established good moral character for at least that period.
Geographic Area of Chargeability - Any one of five regions-Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe-into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.
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HH-1B Beneficiary - 1) the approved petition associated with a specialty worker admitted on the basis of professional education, skills, and/or equivalent experience (the H-1B subsection uses this definition); 2) a specialty worker whose petition to work temporarily in the United States has been approved by the Department of Homeland Security.
H-1B Petition - An application form used by employers seeking permission for an alien to work temporarily in the United States. An H-1B petition must be approved by the Department of Homeland Security before an alien specialty worker is authorized to begin or continue working in the United States. This requirement is true regardless of whether the alien is residing overseas or within the United States at the time of application. After a petition is approved, an H-1B worker is said to be a beneficiary.
Hemispheric Ceilings - Statutory limits on immigration to the United States in effect from 1968 to October 1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.
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IImmediate Relatives - Certain immigrants who because of their close relationship to U.S. citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.
Immigrant - See Permanent Resident Alien.
Immigration Act of 1990 - Public Law 101-649 (Act of November 29, 1990), increased the limits on lawful immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements.
Immigration Judge - An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removal proceedings.
INA - See Immigration and Nationality Act.
Immigration and Nationality Act - The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens.
Immigration Marriage Fraud Amendments of 1986 - Public Law 99-639 (Act of 11/10/86), was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an Department of Homeland Security office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable.
Immigration Reform and Control Act (IRCA) of 1986 - Public Law 99-603 (Act of 11/6/86), was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.
Inadmissible - An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission. Industrial Trainee - See Temporary Worker.
International Representative - As a nonimmigrant class of admission, an alien coming temporarily to the United States as a principal or other accredited representative of a foreign government (whether officially recognized or not recognized by the United States) to an international organization, an international organization officer or employee, and all above aliens' spouses and unmarried minor (or dependent) children.
Intracompany Transferee - An alien, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien's spouse and minor unmarried children.
IRCA - See Immigration Reform and Control Act of 1986.
Irish Peace Process Cultural and Training Program Act of 1998 - Amended the INA to establish new nonimmigrant classes (Q2 and Q3) to allow temporary admission to young people (and their spouses and minor children) of disadvantaged areas in Northern Ireland and certain counties of the Republic of Ireland for the purpose of developing job skills and conflict resolution abilities, so that those young people can return to their homes better able to contribute toward economic regeneration and the Irish peace process. Period of temporary admission not to exceed 36 months; program repealed, effective October 1, 2005.
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LLabor Certification - Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien's employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.
Legal Immigration Family Equity (LIFE) Act of 2000 - Public Law 106-553 (Act of 12/21/2000) temporarily reinstated Section 245(i) of the INA to allow persons who were qualified for permanent resident status but had immigration status violations to pay a penalty fee and apply for adjustment of status at an INS office; these persons were required to have been beneficiaries of an immigrant petition or labor certification filed no later than April 30, 2001. Application for adjustment of status was also allowed for certain persons who had filed for class membership in one of three lawsuits challenging the implementation of IRCA legalization by INS. The Act also created nonimmigrant classes of admission allowing entry of spouses and children (and dependent children of spouses and children) of U.S. citizens and permanent resident aliens who had had petitions for immigrant visas pending for three years or more; adjustment to permanent resident status is afforded when the immigrant visa has been approved.
Legalization Dependents - A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.
Legalized Aliens - Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government's knowledge of their unlawful status before that date. Legalization consists of two stages-temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.
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MMedical and Legal Parolee - See Parolee.
Metropolitan Statistical Areas (MSAs) - MSAs consist of a core area with a large population and adjacent communities having a high degree of social and economic integration with the core. They are defined by the U.S. Office of Management and Budget (OMB). MSAs are generally counties (cities and towns in New England) containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000 (75,000 in New England). MSAs of one million or more population may be recognized as Consolidated Metropolitan Statistical Areas (CMSAs). Primary Metropolitan Statistical Areas (PSMAs) are component areas within MSAs. New England County Metropolitan Areas (NECMAs) are the county based metropolitan alternative of the New England states for the city and town based MSAs and CMSAs.
Migrant - A person who leaves his/her country of origin to seek residence in another country.
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NNACARA - Nicaraguan Adjustment and Central American Relief Act, Public Law 105-100 (Act of 11/19/97). Pertains to certain Central American and other aliens who were long-term illegal residents in the United States when hardship relief rules were made more stringent by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Provisions: 1) allowed approximately 150,000 Nicaraguans and 5,000 Cubans adjustment to permanent resident status without having to make any hardship showing; 2) allowed approximately 200,000 Salvadorans and 50,000 Guatemalans as well as certain aliens from the former Soviet Union to seek hardship relief under more lenient hardship rules than existed prior to IIRIRA amendments.
National - A person owing permanent allegiance to a state.
NATO Official - As a nonimmigrant class of admission, an alien coming temporarily to the United States as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO (North Atlantic Treaty Organization), and the alien's spouse and unmarried minor (or dependent) children.
Naturalization - The conferring, by any means, of citizenship upon a person after birth.
Naturalization Application - The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with the Department of Homeland Security at the Service Center with jurisdiction over the applicant's place of residence.
Nonimmigrant - An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.
Nonpreference Category - Nonpreference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Nonpreference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 nonpreference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Aliens born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special nonpreference visas.
North American Free-Trade Agreement (NAFTA) - Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.
Numerical Limit, Exempt from - Those aliens accorded lawful permanent residence who are exempt from the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt categories include immediate relatives of U.S. citizens, refugees, asylees (limited to 10,000 per year by section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina.
Nursing Relief Act of 1989 - Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.
Nursing Relief for Disadvantaged Areas Act of 1999 - Public Law 106-95 (Act of 11/12/1999), enacted as a short-term solution for nursing shortages in a limited number of medically underserved areas. Established a new nonimmigrant class of admission (H-1C) for temporary admission of 500 nurses annually for 4 years in health professional shortage areas. Sets forth admission requirements, including a maximum 3-year stay. Petitioning hospitals have to be in shortage areas defined by the Department of Health and Human Services, have at least 190 acute care beds, and have specified percentages of Medicare and Medicaid patients. Subject to fewer restrictions than the previous, expired H-1A provisions.
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OOccupation - For an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last lawful residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued.
Orphan - For immigration purposes, a child whose parents have died or disappeared, or who has been abandoned or otherwise separated from both parents. An orphan may also be a child whose sole or surviving parent is incapable of providing that child with proper care and who has, in writing, irrevocably released the child for emigration and adoption. In order to qualify as an immediate relative, the orphan must be under the age of sixteen at the time a petition is filed on his or her behalf. To enter the United States, an orphan must have been adopted abroad by a U.S. citizen (and spouse, if married) or be coming to the United States for adoption by a citizen.
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PPanama Canal Act Immigrants - Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the U.S. Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year.
Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:
Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.Advance parole: authorized at an DHS District office in advance of alien's arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.Humanitarian parole: authorized at DHS headquarters for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.Public interest parole: authorized at DHS headquarters for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings.Overseas parole: authorized at an DHS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens the DHS has processed through overseas parole have arrived under special legislation or international migration agreements.Per-Country Limit - The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.
Permanent Resident Alien - An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by the Department of Homeland Security in the United States.
Port of Entry - Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.
Pre-Inspection - Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant aliens.
Preference System (prior to fiscal year 1992) - The six categories among which 270,000 immigrant visa numbers were distributed each year during the period 1981-91. This preference system was amended by the Immigration Act of 1990, effective fiscal year 1992. (see Preference System-Immigration Act of 1990). The six categories were: 1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20 percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); 4) married sons and daughters of U.S. citizens (10 percent); 5) brothers and sisters of U.S. citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent). A nonpreference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, had no numbers available beginning in September 1978.
Preference System (Immigration Act of 1990) - The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).
Principal Alien - The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).
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RRefugee - Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.
Refugee Approvals - The number of refugees approved for admission to the United States during a fiscal year. Department of Homeland Security officers in overseas offices make refugee approvals.
Refugee Arrivals - The number of refugees the Department of Homeland Security initially admits to the United States through ports of entry during a fiscal year.
Refugee Authorized Admissions - The maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines the annual figure after consultations with Congress.
Refugee-Parolee - A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted the Attorney General.
Registry Date - Aliens who have continuously resided in the United States since January 1, 1972, are of good moral character, and are not inadmissible, are eligible to adjust to lawful permanent resident status under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date, aliens had to have been in the country continuously since June 30, 1948, to qualify.
Removal - The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.
Required Departure - See Voluntary Departure.
Resettlement - Permanent relocation of refugees in a place outside their country of origin to allow them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.
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SSafe Haven - Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.
Service Centers - Five offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits. The applications are mailed to DHS Service Centers-Service Centers are not staffed to receive walk-in applications or questions.
Special Agricultural Workers (SAW) - Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status. Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens who performed labor in perishable agricultural commodities for at least 90 days during the year ending May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1, 1989 and those in Group II were eligible one year later on December 1, 1990.
Special Immigrants - Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children.
Special Naturalization Provisions - Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad.
Stateless - Having no nationality.
Stowaway - An alien coming to the United States surreptitiously on an airplane or vessel without lawful status of admission. Such an alien is subject to denial of formal admission and return to the point of embarkation by the transportation carrier.
Student - As a nonimmigrant class of admission, an alien coming temporarily to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.
Subject to the Numerical Limit - Categories of lawful immigrants subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.
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TTemporary Protected Status (TPS) - Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation. Removal proceedings are suspended against aliens while they are in Temporary Protected Status.
Temporary Resident - See Nonimmigrant.
Temporary Worker - An alien coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised existing classes and created new classes of nonimmigrant admission. Nonimmigrant temporary worker classes of admission are as follows:
H-1A-registered nurses (valid from 10/1/1990 through 9/30/1995);H-1B-workers with "specialty occupations" admitted on the basis of professional education, skills, and/or equivalent experience;H-1C-registered nurses to work in areas with a shortage of health professionals under the Nursing Relief for Disadvantaged Areas Act of 1999;H-2A-temporary agricultural workers coming to the United States to perform agricultural services or labor of a temporary or seasonal nature when authorized workers are unavailable in the United States;H-2B-temporary non-agricultural workers coming to the United States to perform temporary services or labor if unemployed persons capable of performing the service or labor cannot be found in the United States;H-3-aliens coming temporarily to the United States as trainees, other than to receive graduate medical education or training;O-1, O-2, O-3-temporary workers with extraordinary ability or achievement in the sciences, arts, education, business, or athletics; those entering solely for the purpose of accompanying and assisting such workers; and their spouses and children;P-1, P-2, P-3, P-4-athletes and entertainers at an internationally recognized level of performance; artists and entertainers under a reciprocal exchange program; artists and entertainers under a program that is "culturally unique"; and their spouses and children;Q-1, Q-2, Q-3-participants in international cultural exchange programs; participants in the Irish Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process participants;R-1, R-2-temporary workers to perform work in religious occupations and their spouses and children.See other sections of this Glossary for definitions of Exchange Visitor, Intracompany Transferee, and U.S.-Canada or North American Free-Trade Agreement classes of nonimmigrant admission.
Transit Alien - An alien in immediate and continuous transit through the United States, with or without a visa, including, 1) aliens who qualify as persons entitled to pass in transit to and from the United Nations Headquarters District and foreign countries and 2) foreign government officials and their spouses and unmarried minor (or dependent) children in transit.
Transition Quarter - The three-month period-July 1 through September 30, 1976-between fiscal year 1976 and fiscal year 1977. At that time, the fiscal year definition shifted from July 1-June 30 to October 1-September 30.
Transit Without Visa (TWOV) - A transit alien traveling without a nonimmigrant visa under section 233 of the INA. An alien admitted under agreements with a transportation line, which guarantees his immediate and continuous passage to a foreign destination. The TWOV program was suspended on August 2, 2003 based on credible intelligence concerning a specific threat of exploitation of the TWOV program by terrorist organizations. (See Transit Alien.)
Treaty Trader or Investor - As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children.
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UUnderrepresented Countries, Natives of - The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/88) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than 25 percent of the maximum allowed under the country limitations (20,000 for independent countries and 5,000 for dependencies) in fiscal year 1988. (See Diversity.)
United States-Canada Free-Trade Agreement - Public Law 100-449 (Act of 9/28/88) established a special, reciprocal trading relationship between the United States and Canada. It provided two new classes of nonimmigrant admission for temporary visitors to the United States-Canadian citizen business persons and their spouses and unmarried minor children. Entry is facilitated for visitors seeking classification as visitors for business, treaty traders or investors, intracompany transferees, or other business people engaging in activities at a professional level. Such visitors are not required to obtain nonimmigrant visas, prior petitions, labor certifications, or prior approval but must satisfy the inspecting officer they are seeking entry to engage in activities at a professional level and that they are so qualified. The United States-Canada Free-Trade Agreement was superseded by the North American Free-Trade Agreement (NAFTA) as of 1/1/94.
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VVictims of Trafficking and Violence Protection Act of 2000 - Public Law 106-386 (Act of 10/28/2000), enacted to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, and to reauthorize certain Federal programs to prevent violence against immigrant women and children. Created nonimmigrant classes of admission allowing temporary status to individuals (and spouses, children, and parents) in the United States who are or have been victims of a severe form of trafficking or who have suffered substantial physical or mental abuse as victims of criminal activity. Afforded the same immigrant benefits as refugees, with allowance for adjustment to permanent resident status.
Visa Waiver Program - Allows citizens of certain selected countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas. The Visa Waiver Program was made permanent in 2000.
Voluntary Departure - The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.
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WWithdrawal - An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.
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Block Donald J Trump from UK entry - Petitions
Wed, 09 Dec 2015 22:52
Block Donald J Trump from UK entry - PetitionsThe signatories believe Donald J Trump should be banned from UK entry.
More details
The UK has banned entry to many individuals for hate speech. The same principles should apply to everyone who wishes to enter the UK.
If the United Kingdom is to continue applying the 'unacceptable behaviour' criteria to those who wish to enter its borders, it must be fairly applied to the rich as well as poor, and the weak as well as powerful.
Sign this petition
Parliament will consider this for a debateParliament considers all petitions that get more than 100,000 signatures for a debate
Waiting for less than a day for a debate date
Government will respondGovernment responds to all petitions that get more than 10,000 signatures
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Center for Security Policy | Poll of U.S. Muslims Reveals Ominous Levels Of Support For Islamic Supremacists' Doctrine of Shariah, Jihad
Wed, 09 Dec 2015 16:19
Press Releases | June 23, 2015 | The Muslim Brotherhood in America, Understanding the Shariah Threat DoctrineAccording to a new nationwide online survey (Below) of 600 Muslims living in the United States, significant minorities embrace supremacist notions that could pose a threat to America's security and its constitutional form of government.
The numbers of potential jihadists among the majority of Muslims who appear not to be sympathetic to such notions raise a number of public policy choices that warrant careful consideration and urgent debate, including: the necessity for enhanced surveillance of Muslim communities; refugee resettlement, asylum and other immigration programs that are swelling their numbers and density; and the viability of so-called ''countering violent extremism'' initiatives that are supposed to stymie radicalization within those communities.
Overall, the survey, which was conducted by The Polling Company for the Center for Security Policy (CSP), suggests that a substantial number of Muslims living in the United States see the country very differently than does the population overall. The sentiments of the latter were sampled in late May in another CSP-commissioned Polling Company nationwide survey.
According to the just-released survey of Muslims, a majority (51%) agreed that ''Muslims in America should have the choice of being governed according to shariah.'' When that question was put to the broader U.S. population, the overwhelming majority held that shariah should not displace the U.S. Constitution (86% to 2%).
More than half (51%) of U.S. Muslims polled also believe either that they should have the choice of American or shariah courts, or that they should have their own tribunals to apply shariah. Only 39% of those polled said that Muslims in the U.S. should be subject to American courts.
These notions were powerfully rejected by the broader population according to the Center's earlier national survey. It found by a margin of 92%-2% that Muslims should be subject to the same courts as other citizens, rather than have their own courts and tribunals here in the U.S.
Even more troubling, is the fact that nearlya quarter of the Muslims polled believed that, ''It is legitimate to use violence to punish those who give offense to Islam by, for example, portraying the prophet Mohammed.''
By contrast, the broader survey found that a 63% majority of those sampled said that ''the freedom to engage in expression that offends Muslims or anybody else is guaranteed by the U.S. Constitution and cannot be restricted.''
Nearly one-fifth of Muslim respondents said that the use of violence in the United States is justified in order to make shariah the law of the land in this country.
Center for Security Policy President, Frank J. Gaffney, Jr., observed:
The findings of the Center for Security Policy's survey of Muslims in America suggests that we have a serious problem. The Pew Research Center estimates that the number of Muslims in the United States was 2.75 million in 2011, and growing at a rate of 80-90 thousand a year. If those estimates are accurate, the United States would have approximately 3 million Muslims today. That would translate into roughly 300,000 Muslims living in the United States who believe that shariah is ''The Muslim God Allah's law that Muslims must follow and impose worldwide by Jihad.''
It is incumbent on the many American Muslims who want neither to live under the brutal repression of shariah nor to impose it on anybody else to work with the rest of us who revere and uphold the supremacy of the U.S. Constitution in protecting our nation against the Islamic supremacists and their jihad.
150612 CSP Polling Company Nationwide Online Survey of Muslims '' Topline Poll Data
150612 CSP Polling Company Nationwide Online Survey of Muslims '' Crosstabs(1)
Center for Security Policy '' Nationwide Survey '' Topline Results '' 5.21.2015
STATEMENT OF METHODOLOGY
The polling company, inc./WomanTrend conducted a nationwide online study among 600 Muslim adults living in the United States (age 18+) on behalf of The Center for Security Policy on June 1-10, 2015.
The sample was drawn utilizing online opt-in panels of respondents that have previously agreed to participate in survey research. Potential survey participants were recruited using from multiple sources using a dynamic sampling platform for verification, real time profiling, and random selection based on project requirements. This multi-sourcing model increases reach and capacity, improves consistency and minimizes bias.
The methodology used for this online survey instrument is consistent with international industry standards outlined in the ESOMAR Guideline for Online Research (https://www.esomar.org/uploads/public/knowledge-and-standards/codes-and-guidelines/ESOMAR_Guideline-for-online-research.pdf).
The original survey instrument screened respondents for age, religion, gender, and region. An online sample frame was selected for this study due to the difficulty in reaching Muslim-Americans over the telephone on account of their low incidence among the nationwide U.S. population (http://pewrsr.ch/1LsdBs8/; http://bit.ly/1LsdAEA). The final questionnaire was approved by authorized representatives from The Center for Security Policy prior to fielding.
Carter Banned Iranians from Coming to US During Hostage Crisis | Frontpage Mag
Wed, 09 Dec 2015 22:51
Trump is a monster, a madman and a vile racist. He's just like Hitler. Or Jimmy Carter.
During the Iranian hostage crisis, Carter issued a number of orders to put pressure on Iran. Among these, Iranians were banned from entering the United States unless they oppose the Shiite Islamist regime or had a medical emergency.
Here's Jimmy "Hitler" Carter saying it back in 1980.
Fourth, the Secretary of Treasury [State] and the Attorney General will invalidate all visas issued to Iranian citizens for future entry into the United States, effective today. We will not reissue visas, nor will we issue new visas, except for compelling and proven humanitarian reasons or where the national interest of our own country requires. This directive will be interpreted very strictly.
Apparently barring people from a terrorist country is not against "our values" after all. It may even be "who we are". Either that or Carter was a racist monster just like Trump.
Meanwhile here's how the Iranian students in the US were treated.
Carter orders 50,000 Iranian students in US to report to immigration office with view to deporting those in violation of their visas. On 27 December 1979, US appeals court allows deportation of Iranian students found in violation.
In November 1979, the Attorney General had given all Iranian students one month to report to the local immigration office. Around 7,000 were found in violation of their visas. Around 15,000 Iranians were forced to leave the US.
Meanwhile any Iranians entering the US were forced to undergo secondary screening.
Interestingly enough, Carter did this by invoking the Nationality Act of 1952. A law originally opposed by Democrats for its attempt to restrict Communist immigration to the United States.
''If this oasis of the world should be overrun, perverted, contaminated, or destroyed, then the last flickering light of humanity will be extinguished,'' Senator McCarran said of the law. He was a Democrat.
Now unlike Muslims, Iranians were not necessarily supportive of Islamic terrorism. Many were and are opponents of it. Khomeini didn't represent Iran as a country, but his Islamist allies. So Trump's proposal is far more legitimate than Carter's action. Carter targeted people by nationality. Trump's proposal does so by ideology.
Classifying Iranians as a group is closer to racism than classifying people by a racist supremacist ideology that calls for the mass murder and enslavement of non-Muslims, as ISIS is doing today.
One of the neater subsets of the 1952 Act barred the entry of, "(11) Aliens who are polygamists or who practice polygamy or advocate the practice of polygamy."
I wonder which creed this might apply to.
Maybe the professional conservatives running around shrieking their heads off can calm down now long enough to have a rational conversation on the subject.
Magnuson Act - Wikipedia, the free encyclopedia
Wed, 09 Dec 2015 22:35
The Magnuson Act, also known as the Chinese Exclusion Repeal Act of 1943, was immigration legislation proposed by U.S. Representative (later Senator) Warren G. Magnuson of Washington and signed into law on December 17, 1943 in the United States. It allowed Chinese immigration for the first time since the Chinese Exclusion Act of 1882, and permitted some Chinese immigrants already residing in the country to become naturalized citizens. This marked the first time since the Naturalization Act of 1790 that any Asians were permitted to be naturalized. However, the Magnuson Act provided for the continuation of the ban against the ownership of property and businesses by ethnic Chinese. In many states, Chinese Americans (including US citizens) were denied property-ownership rights either by law or de facto until the Magnuson Act itself was fully repealed in 1965.[1]
The Magnuson Act was passed on December 17, 1943, two years after China became an official allied nation to the United States in World War II. Although considered a positive development by many, it was particularly restrictive of Chinese immigrants, limiting them to an annual quota of 105 new entry visas. The quota was supposedly determined by the Immigration Act of 1924, which set immigration from qualifying countries at 2% of the number of people who were already living in the United States in 1890 of that nationality. However, the arrived-at number of 105 per annum granted to the Chinese was disproportionately low. (The quota should have been 2,150 per annum, as official census figures place the population of ethnic Chinese living in the USA in 1890 at 107,488 persons.[2]) Regardless of the method of calculation, the number of Chinese immigrants allowed into the USA was disproportionately low in ratio to the sanctioned immigration of other nationalities and ethnicities.[3] Chinese immigration later increased with the passage of the Immigration and Nationality Services Act of 1965.[4]
Chinese Exclusion Act - Wikipedia, the free encyclopedia
Wed, 09 Dec 2015 22:21
The first significant Chinese immigration to North America began with the California Gold Rush of 1848''1855 and continued with subsequent large labor projects, such as the building of the First Transcontinental Railroad. During the early stages of the gold rush, when surface gold was plentiful, the Chinese were tolerated, if not well received.[1] As gold became harder to find and competition increased, animosity toward the Chinese and other foreigners increased. After being forcibly driven from the mines, most Chinese settled in enclaves in cities, mainly San Francisco, and took up low end wage labor such as restaurant and laundry work.[citation needed] With the post-Civil War economy in decline by the 1870s, anti-Chinese animosity became politicized by labor leader Denis Kearney and his Workingman's Party[2] as well as by California Governor John Bigler, both of whom blamed Chinese "coolies" for depressed wage levels. Another significant anti-Chinese group organized in California during this same era was the Supreme Order of Caucasians, with some 60 chapters statewide.[citation needed]
In the early 1850s, there was resistance to the idea of excluding Chinese migrant workers from immigration, because they provided essential tax revenue which helped fill the fiscal gap of California.[3] But toward the end of the decade, the financial situation improved and subsequently, attempts to legislate Chinese exclusion became successful on the state level.[3] In 1858, the California Legislature passed a law that made it illegal for any person "of the Chinese or Mongolian races" to enter the state; however, this law was struck down by an unpublished opinion of the State Supreme Court in 1862.[4] The Chinese immigrant workers provided cheap labor and did not use any of the government infrastructure (schools, hospitals, etc.) because the Chinese migrant population was predominantly made up of healthy male adults.[3] As time passed and more and more Chinese migrants arrived in California, violence would often break out in cities such as Los Angeles. By 1878 Congress decided to act and passed legislation excluding the Chinese, but this was vetoed by President Rutherford B. Hayes. In 1879, California adopted a new Constitution, which explicitly authorized the state government to determine which individuals were allowed to reside in the state, and banned the Chinese from employment by corporations and state, county or municipal governments.[5] Once the Chinese Exclusion Act was finally passed in 1882, California went further by passing various laws that were later held to be unconstitutional.[6] After the act was passed, most Chinese families were faced with a dilemma: stay in the United States alone or go back to China to reunite with their families.[7] Although there was widespread dislike for the Chinese, some capitalists and entrepreneurs resisted their exclusion because they accepted lower wages.[8]
For the first time, Federal law proscribed entry of an ethnic working group on the premise that it endangered the good order of certain localities. (The earlier Page Act of 1875 had prohibited immigration of Asian forced laborers and prostitutes, and the Naturalization Act of 1790 prohibited naturalization of non-white subjects.) The Act excluded Chinese laborers, meaning "skilled and unskilled laborers and Chinese employed in mining," from entering the country for ten years under penalty of imprisonment and deportation.[9][10]
The Chinese Exclusion Act required the few nonlaborers who sought entry to obtain certification from the Chinese government that they were qualified to immigrate. However, this group found it increasingly difficult to prove that they were not laborers[10] because the 1882 act defined excludables as ''skilled and unskilled laborers and Chinese employed in mining.'' Thus very few Chinese could enter the country under the 1882 law. Diplomatic officials and other officers on business, along with their house servants, for the Chinese government were also allowed entry as long as they had the proper certification verifying their credentials.[11]
The Act also affected the Chinese who had already settled in the United States. Any Chinese who left the United States had to obtain certifications for reentry, and the Act made Chinese immigrants permanent aliens by excluding them from U.S. citizenship.[9][10] After the Act's passage, Chinese men in the U.S. had little chance of ever reuniting with their wives, or of starting families in their new homes.[9]
Amendments made in 1884 tightened the provisions that allowed previous immigrants to leave and return, and clarified that the law applied to ethnic Chinese regardless of their country of origin. The Scott Act (1888) expanded upon the Chinese Exclusion Act, prohibiting reentry after leaving the U.S. Constitutionality of the Chinese Exclusion Act and the Scott Act was upheld by the Supreme Court in Chae Chan Ping v. United States (1889); the Supreme Court declared that "the power of exclusion of foreigners [is] an incident of sovereignty belonging to the government of the United States as a part of those sovereign powers delegated by the constitution." The Act was renewed for ten years by the 1892 Geary Act, and again with no terminal date in 1902.[10] When the act was extended in 1902, it required "each Chinese resident to register and obtain a certificate of residence. Without a certificate, he or she faced deportation."[10]
Between 1882 and 1905, about 10,000 Chinese appealed against negative immigration decisions to federal court, usually via a petition for habeas corpus.[12] In most of these cases, the courts ruled in favor of the petitioner.[12] Except in cases of bias or negligence, these petitions were barred by an act that passed Congress in 1894 and was upheld by the U.S. Supreme Court in U.S. vs Lem Moon Sing (1895). In U.S. vs Ju Toy (1905), the U.S. Supreme Court reaffirmed that the port inspectors and the Secretary of Commerce had final authority on who could be admitted. Ju Toy's petition was thus barred despite the fact that the district court found that he was an American citizen. The Supreme Court determined that refusing entry at a port does not require due process and is legally equivalent to refusing entry at a land crossing. All these developments, along with the extension of the act in 1902, triggered a boycott of U.S. goods in China between 1904 and 1906 that by some estimates cut U.S. exports to China by more than half.[13] There was one 1885 case in San Francisco, however, in which Treasury Department officials in Washington overturned a decision to deny entry to two Chinese Students.[14]
One of the critics of the Chinese Exclusion Act was the anti-slavery/anti-imperialist Republican Senator George Frisbie Hoar of Massachusetts who described the Act as "nothing less than the legalization of racial discrimination."[15]
The laws were driven largely by racial concerns; immigration of persons of other races was unlimited during this period.[16]
On the other hand, many people strongly supported the Chinese Exclusion Act, including the Knights of Labor, a labor union, who supported it because it believed that industrialists were using Chinese workers as a wedge to keep wages low.[17] Among labor and leftist organizations, the Industrial Workers of the World were the sole exception to this pattern. The IWW openly opposed the Chinese Exclusion Act from its inception in 1905.[18]
For all practical purposes, the Exclusion Act, along with the restrictions that followed it, froze the Chinese community in place in 1882. Limited immigration from China continued until the repeal of the Chinese Exclusion Act in 1943. From 1910 to 1940, the Angel Island Immigration Station on what is now Angel Island State Park in San Francisco Bay served as the processing center for most of the 56,113 Chinese immigrants who are recorded as immigrating or returning from China; upwards of 30% more who showed up were returned to China. Furthermore, after the 1906 San Francisco earthquake, which destroyed City Hall and the Hall of Records, many immigrants (known as "paper sons") claimed that they had familial ties to resident Chinese-American citizens. Whether these were true or not cannot be proven.
The Chinese Exclusion Act gave rise to the first great wave of commercial human smuggling, an activity that later spread to include other national and ethnic groups.[19]
The Chinese Exclusion Act also led to an expansion of the power of U.S. immigration law through its influence on Canada's policies on Chinese exclusion during this time because of the need for greater vigilance at the U.S.-Canadian border. Shortly after the U.S. Chinese Exclusion Act, Canada established the Chinese Immigration Act of 1885 which imposed a head tax on Chinese migrants entering Canada. After increasing pressure from the U.S. government, Canada finally established the Chinese Immigration Act, 1923 which banned most forms of immigration by the Chinese to Canada. There was also a need for this kind of border control along the U.S-Mexico border, however, efforts to control the border went along a different path because Mexico was fearful of expanding imperial power of the U.S. and did not want U.S. interference in Mexico. Not only this, but Chinese immigration to Mexico was welcomed because the Chinese immigrants filled Mexico's labor needs. The Chinese Exclusion Act actually led to heightened Chinese immigration to Mexico because of exclusion by the U.S. Therefore, the U.S. resorted to heavily policing the border along Mexico.
Later, the Immigration Act of 1924 restricted immigration even further, excluding all classes of Chinese immigrants and extending restrictions to other Asian immigrant groups.[9] Until these restrictions were relaxed in the middle of the twentieth century, Chinese immigrants were forced to live a life separated from their families from, and to build ethnic enclaves in which they could survive on their own (Chinatown).[9] The Chinese Exclusion Act did not address the problems that whites were facing; in fact, the Chinese were quickly and eagerly replaced by the Japanese, who assumed the role of the Chinese in society. Unlike the Chinese, some Japanese were even able to climb the rungs of society by setting up businesses or becoming truck farmers.[20] However, the Japanese were later targeted in the National Origins Act of 1924, which banned immigration from east Asia entirely.
In 1891 the Government of China refused to accept the U.S. Senator Mr. Henry W. Blair as U.S. Minister to China due to his abusive remarks regarding China during negotiation of the Chinese Exclusion Act.[21]
The American Christian Rev. Dr. George F. Pentecost spoke out against western imperialism in China, saying: I personally feel convinced that it would be a good thing for America if the embargo on Chinese immigration were removed. I think that the annual admission of 100,000 into this country would be a good thing for the country. And if the same thing were done in the Philippines those islands would be a veritable Garden of Eden in twenty-five years. The presence of Chinese workmen in this country would, in my opinion, do a very great deal toward solving our labor problems. There is no comparison between the Chinaman, even of the lowest coolie class, and the man who comes here from Southeastern Europe, form Russia, or from Southern Italy. The Chinese are thoroughly good workers. That is why the laborers here hate them. I think, too, that the emigration to America would help the Chinese. At least he would come into contact with some real Christian people in America. The Chinaman lives in squalor because he is poor. If he had some prosperity his squalor would cease.[22]
The Chinese Exclusion Act was repealed by the 1943 Magnuson Act, during a time when China had become an ally of the U.S. against Japan in World War II. This repeal also occurred in the context of World War 2, during which the U.S. fought against German imperialism and needed to embody an image of fairness and justice, and also during a time when the Japanese were becoming vilified. The Magnuson Act permitted Chinese nationals already residing in the country to become naturalized citizens and stop hiding from the threat of deportation. While the Magnuson Act overturned the discriminatory Chinese Exclusion Act, it only allowed a national quota of 105 Chinese immigrants per year, and did not repeal the restrictions on immigration from the other Asian countries. Large scale Chinese immigration did not occur until the passage of the Immigration and Nationality Act of 1965. The crackdown on Chinese immigrants reached a new level in its last decade, from 1956''1965, with the Chinese Confession Program launched by the Immigration and Naturalization Service, that encouraged Chinese who had committed immigration fraud to confess, so as to be eligible for some leniency in treatment.
Despite the fact that the exclusion act was repealed in 1943, the law in California prohibiting non-whites from marrying whites was not repealed until 1948, in which the California Supreme Court ruled the ban of interracial marriage within the state unconstitutional in Perez v. Sharp.[23][24] Other states had such laws until 1967, when the United States Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws across the nation are unconstitutional.
Even today, although all its constituent sections have long been repealed, Chapter 7 of Title 8 of the United States Code is headed "Exclusion of Chinese."[25] It is the only chapter of the 15 chapters in Title 8 (Aliens and Nationality) that is completely focused on a specific nationality or ethnic group.
On June 18, 2012, the United States House of Representatives passed a resolution introduced by Congresswoman Judy Chu, that formally expresses the regret of the House of Representatives for the Chinese Exclusion Act, which imposed almost total restrictions on Chinese immigration and naturalization and denied Chinese-Americans basic freedoms because of their ethnicity.[26] The resolution had been approved by the U.S. Senate in October 2011.[27]
In 2014, the California Legislature took formal action to pass measures that formally recognize the many proud accomplishments of Chinese-Americans in California and to call upon Congress to formally apologize for the 1882 adoption of the Chinese Exclusion Act. Senate Republican Leader Bob Huff (R-Diamond Bar) and incoming Senate President pro-Tem Kevin de Le"n (D-Los Angeles) served as Joint Authors for Senate Joint Resolution (SJR) 23 and Senate Concurrent Resolution (SCR) 122.[28]
SJR 23 acknowledges and celebrates the history and contributions of Chinese Americans in California. The resolution also formally calls on Congress to apologize for laws which resulted in the persecution of Chinese Americans, such as the Chinese Exclusion Act.[29]
Trump's Anti-Muslim Plan Is Awful. And Constitutional. - NYTimes.com
Wed, 09 Dec 2015 22:18
Philadelphia '-- DONALD J. TRUMP'S reprehensible call to bar Muslim immigrants from entering the United States tracks an exam question I've been giving my immigration law students since Sept. 11. Would such a proposal be constitutional? The answer is not what you might think '-- but it also raises the issue of what, exactly, we mean when we say something is ''constitutional'' in the first place.
In the ordinary, non-immigration world of constitutional law, the Trump scheme would be blatantly unconstitutional, a clear violation of both equal protection and religious freedom (he had originally called for barring American Muslims living abroad from re-entering the country as well; he has since dropped that clearly unconstitutional notion). But under a line of rulings from the Supreme Court dating back more than a century, that's irrelevant. As the court observed in its 1977 decision in Fiallo v. Bell, ''In the exercise of its broad power over immigration and naturalization, Congress regularly makes rules that would be unacceptable if applied to citizens.''
The court has given the political branches the judicial equivalent of a blank check to regulate immigration as they see fit. This posture of extreme deference is known as the ''plenary power'' doctrine. It dates back to the 1889 decision in the Chinese Exclusion case, in which the court upheld the exclusion of Chinese laborers based on their nationality.
Unlike other bygone constitutional curiosities that offend our contemporary sensibilities, the Chinese Exclusion case has never been overturned. More recent decisions have upheld discrimination against immigrants based on gender and illegitimacy that would never have survived equal protection scrutiny in the domestic context. Likewise, courts have rejected the assertion of First Amendment free speech protections by noncitizens.
Saul Loeb / Agence France-Presse '-- Getty Images
Nor has the Supreme Court ever struck down an immigration classification, even ones based on race. As late as 1965, a federal appeals court upheld a measure that counted a Brazilian citizen of Japanese descent as Asian for the purposes of immigration quotas.
In the context of noncitizens seeking initial entry into the United States, due process protections don't apply, either. This past June, the court upheld the denial of a visa for the spouse of an American citizen based on the government's say-so, with no supporting evidence.
The courts have justified this constitutional exceptionalism on the grounds that immigration law implicates foreign relations and national security '-- even in the absence of a specific, plausible foreign policy rationale. The 1977 Fiallo case, for instance, involved a father seeking the admission of his out-of-wedlock son from the French West Indies '-- hardly the stuff of national interest.
Indeed, contrary to the conventional understanding, President Trump could implement the scheme on his own, without Congress's approval. The Immigration and Nationality Act gives the president the authority to suspend the entry of ''any class of aliens'' on his finding that their entry would be ''detrimental to the interests of the United States.'' President Obama has used this to the better end of excluding serious human rights violators.
But here's the interesting thing: Just because Mr. Trump's proposal has a judicial pedigree, that doesn't make it ''constitutional'' in a broader sense. The Constitution and the courts are not synonymous, nor do the courts have a monopoly on constitutional interpretation. Politicians, the legal community, scholars and the public at large are all a part of our continuing constitutional conversation. Clear popular consensus can establish constitutional norms, with or without the courts.
The leading example comes out of the internment of Japanese-Americans during World War II. The Supreme Court upheld the internment in its 1944 Korematsu decision, and that ruling has never been judicially reversed. Technically, it remains good law. But it has been effectively overridden by other actors, and in the court of public opinion. A formal apology and payment of reparations, enacted by Congress and signed into law by Ronald Reagan in 1988, supplies the formal evidence. Korematsu continues to provoke popular shame.
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We may be seeing that same shame at work today. Mr. Trump's plan has triggered an uproar across the partisan divide. Perhaps a religion-based immigration bar may be consistent with court-made doctrine. But it doesn't reflect our deeper, broadly assimilated understandings of the Constitution.
The fact that many Americans seem to assume Mr. Trump's proposal is unconstitutional means that the courts need to catch up with the public on immigration. We don't tolerate discrimination on the basis of national origin in hiring, housing or public accommodation. But discrimination on the basis of nationality, often capricious, even illogical, is a central feature of immigration law.
If you were born in the Philippines and are seeking to join a sibling who has American citizenship, for example, your wait in line is 10 years longer than almost everyone else's. There may be good reasons for some of these different approaches. But the Supreme Court shouldn't be rubber-stamping them.
The court won't get to rule on the Trump scheme. It now needs to take the cue from the rest of us and bring its reading of the Constitution in line with the public's own, more progressive constitutional norms.
Peter J. Spiro is a professor of immigration and constitutional law at Temple University.
Trump's Muslim Ban Is Not 'Fascist,' and Probably Isn't Unconstitutional
Wed, 09 Dec 2015 18:45
Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on. According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population. Most recently, a poll from theCenter for Security Policyreleased data showing ''25% of those polled agreed that violence against Americans here in the United States is justified as a part of the global jihad'' and 51% of those polled, ''agreed that Muslims in America should have the choice of being governed according to Shariah.'' Shariah authorizes such atrocities as murder against non-believers who won't convert, beheadings and more unthinkable acts that pose great harm to Americans, especially women.
Mr. Trump stated, ''Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension. Where this hatred comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life. If I win the election for President, we are going to Make America Great Again.''
It should be possible to disagree with this statement without describing Donald Trump as the new Hitler'... but it seems to be rather difficult.
Mediatehas a roundup of newspapers making Hitler comparisons, complete with photos chosen to make it look as if Trump is giving his audiences the oldSieg Heil. TheHuffington Postdeclared Trump had gone ''full fascist.''
''Is this what Germany looked like in 1933?''askedMSNBC host Joe Scarborough.
That last link comes courtesy of my friend David Harsanyi ofThe Federalist,who lost family members during the Holocaust, and speaks with authority when he replies to Scarborough, ''No. Not at all.''
David says he tries to be a good sport about ''the occasional gratuitous Nazi analogy,'' but feels obliged to throw a flag on this particular play:
Unless political demonstrations have been banned and something comparable to the Reichstag fire is about to go down, Trump is not going to be F¼hrer. Marinus van der Lubbe may not have burned down the German Parliament, but Islamic terrorists actually did gun down a bunch of Americans last week. And yet Stormtroopers didn't smash Muslim businesses in a fury of collective punishment; a concentration camp for political opponents of Trump was not established this year; there's been no decree banning Muslims from practicing law and civil service jobs, and no prohibitions on Islamic dietary laws. Not even Trump has claimed to want to institute any of these things'--and other than a few fringy Nazi types on Twitter, I've never seen anyone claim to want to institute these things. All of them, of course, would be unconstitutional.
He offers an interesting theory that the swift flurry of ''Trump=Hitler'' responses might be due to the Left's effort to portray Muslims as an oppressed class in the Western world. There's a lively genre of European editorials and political speeches that explicitly claim ''Muslim refugees are the new Jews.''
As for whether Trump's proposed Muslim immigration ban would beunconstitutional,Mark Krikorian atNational Reviewjudges it would most likely pass Constitutional muster, with due allowances for varying interpretations (and some confusing responses from Trump campaign spokespeople) of exactly what Trump has in mind:
First of all, it's important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, ''Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.''
What's more, while the president doesn't have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of ''parole''), he does have the statutory authority to keep anyone out, for any reason he thinks best.
We really ought to get past the habit of describing every idea we disagree with as ''fascist,'' ''unconstitutional,'' or ''un-American,'' with the latter term covering the angry denunciations of Trump's Muslim immigration ban as going against everything Americans ''stand for and believe in,'' toquoteformer Vice President Dick Cheney on the matter.
It's fun to watch people who generally portray Cheney as a Dark Lord of the Sith embrace him as a prominent anti-Trump spokesman, but really, there is nothing in the charter or character of the United States that demands unlimited immigration from anywhere, or everywhere. We should have the political language to denounce proposals in very strong terms without saying they run contrary to the basic character of the country '' or, conversely, asserting that agreement with a proposal is mandatory for all good Americans.
I have little hope of winning the war against political hyperbole today, even though it's a day when Donald Trump is a commanding figure on both sides of the hyperbole battlefield. I'm also not looking for a side job as interpreter of What Trump Really Meant. I have to sleep sometime, and the oracles of What Obama Really Meant look absolutelyexhaustedthese days.
But going from his original statement and its title, and sifting through the rubble of the overnight attacks and clarifications, I think we're talking about: (A) A ban on Muslim immigration to the United States, for (B) a limited period of time (''until our country's representatives can figure out what is going on,'' which may be the vaguest deadline ever proposed) because (C) the Muslim population includes an unacceptably high percentage of people prone to commit, support, or indulge terrorist violence (''it is obvious to anybody the hatred is beyond comprehension.'')
This may be a very bad idea, or an unworkable proposal; Trump can be criticized for failing to include extensive specifics for such an enormously controversial idea, or fully briefing his campaign staffers on the bombshell he was about to drop. But it's not fascism or Hitlerism. Among other things, it is a proposal that would leave considerably fewer people under the authority of a prospective President Trump. Hitlerism was not defined by closed borders, but bymovingborders. You didn't have to immigrate to Nazi Germany '' it came to you.
In hisNational Reviewpiece, Krikorian gives Trump a little credit for starting a conversation about immigration and national security, topics which are too often dominated by thoughtless pieties. We might also applaud Trump for dragging liberals out of their seven-year totalitarian stupor under Obama, and making them realize due process matters, legislative responsibility rests with Congress, and untrammeled executive authority is bad. I knew they would instantly embrace all of those truths on the day a Republican President was inaugurated, but Trump woke them up over a year ahead of schedule.
It's true that screening for religious affiliation in the manner Trump described would be logistically difficult and uncomfortable, but somehow Saudi Arabia pulls it off. Good luck immigrating there with big plans to open a church or synagogue. For that matter, good luck getting into the Kingdom as a Syrian refugee.
Most Americans don't want to use Saudi Arabia as an immigration model, but let's not pretend a very sizable portion of the U.S. electorate isn't having doubts about indiscriminate open-door immigration policies. Again, not to be an interpreter of What Trump Really Meant, but what if he proposed a temporary moratorium on immigration from a few particularly troublesome Muslim countries, the proximate example being Pakistan?
In a post meant to dispel the ''tiny minority of violent extremists'' mythology of Islam, David French atNational Reviewnotes that in Pakistan, ''a horrifying 72 percent couldn't bring themselves to express an unfavorable view of ISIS.'' Is it still Hitlerism to say that maybe we ought to pump the brakes on granting visas to especially problematic regions?
The Americans who have qualms about Islam are not mindless bigots. They're looking at what's actually happening across the Muslim world with open eyes. ''All Muslims are terrorists'' is a foolish statement, but Hillary Clinton's statement that ''Islam has nothing whatsoever to do with terrorism'' isequally foolish. The cognitive dissonance of swallowing such officially-mandated pap has grown too great for many Americans to bear. They're nervous about donning the sensitivity blindfolds their political leaders insist they wear.
They're also pushing back against demands that law-abiding citizens give up Constitutional rights and modify their lives in the name of security. If that's the price of mass immigration, it's not xenophobic for citizens to decide it's not worth paying. The more sternly they are informed reasonable discussion of the matter is impossible, the more they will embrace less reasoned modes of discourse.
If the choice is between Attorney General Loretta Lynch declaring an unconstitutional crusade against ''anti-Muslim speech'' after an Islamist massacre, and her boss daydreaming about using a no-fly list to short-circuit the Second Amendment, without the Beltway establishment batting an eye'... and Trump's undeniably extreme Muslim immigration ban'... many people will find those alternatives comparably outrageous, and choose the outrage that injures them less. Who wants their obituary on page A26 of the newspaper that uses its headline to declare they're no better than the Islamist who murdered them?
Personally, I think we can handle these challenges without a total ban on any form of immigration, but we do need to understand that security screening, assimilation, and law enforcement are logistical exercises. Numbers matter. It is also sheer folly to pretend every group of prospective immigrants is exactly the same, or that every nation of origin is equally capable of providing the kind of background information solid vetting requires.
As long as our respectable political elite is willfully blind to those realities, and insists we all share their studied ignorance, outrageous voices can own the reasonable real estate in this debate.
'The New Furor': Philadelphia Daily News front page goes there on Donald Trump - The Washington Post
Tue, 08 Dec 2015 16:11
New York Daily News, you're on notice. There's a new contender for the "most provocative" front page of the 2016 campaign.
The Philadelphia Daily News evoked Nazi imagery on its front page Tuesday with a tight profile shot of Republican presidential front-runner Donald Trump, right arm extended up and out at a 45-degree angle. The photo caption might as well say, "Heil Trump," but the Philly tabloid went with "The New Furor" instead. (See what they did there?)
On the shock-o-meter, this ranks right up there with the two New York Daily News front pages last week.
The Philadelphia Daily News's cover received a round of applause from the paper's New York counterpart, with columnist Shaun King writing that "Donald Trump has gone full-blown Nazi on us."
Just what you'd expect from a couple tabloids, right? But the tabs are far from alone in making the Trump-Hitler analogy. Trump's controversial rhetoric on immigration, religion and race has drawn comparisons to history's most famous fascist since the early days of his campaign.
In July, barely a month into the real estate mogul's candidacy, a Newsweek opinion piece asked in the headline, "Is Donald Trump a Fascist?"
"I've never before witnessed such a brazen display of nativistic jingoism, along with a complete disregard for economic reality," Jeffrey A. Tucker wrote. He continued, sharing his reaction to a Trump stump speech in New Hampshire:
His speech was like an interwar s(C)ance of once-powerful dictators who inspired multitudes, drove countries into the ground and died grim deaths. I kept thinking of books like John T. Flynn's "As We Go Marching," especially Chapter Ten that so brilliantly chronicles a form of statism that swept Europe in the 1930s. It grew up in the firmament of failed economies, cultural upheaval and social instability, and it lives by stoking the fires of bourgeois resentment.
Since World War II, the ideology he represents has usually lived in dark corners, and we don't even have a name for it anymore. The right name, the correct name, the historically accurate name, is fascism. I don't use that word as an insult only. It is accurate.
A week later, the liberal online publication Salon answered Newsweek's question with a headline that asserted: "Donald Trump is an actual fascist."
More recently (last week), New York Times op-ed columnist Ross Douthat raised the fascism question under a headline that was identical to the one Newsweek ran over the summer. Douthat ultimately concluded that Trump is merely "a little fascistic" (an absolute gem of a moniker) and that comparisons to the likes of Hitler are too strong.
That sinister resemblance is just one part of his reality-television meets WWE-heel-turn campaign style. He isn't actually building a fascist mass movement (he hasn't won a primary yet!) or rallying a movement of far-right intellectuals (Ann Coulter notwithstanding). His suggestion that a Black Lives Matter protester at one of his rallies might have deserved to be roughed up was pretty ugly, but still several degrees of ugly away from the actual fascist move, which would require organizing a paramilitary force to take to the streets to brawl with the decadent supporters of our rotten legislative government.
Here at The Washington Post last week, Wonkblogger Max Ehrenfreund made the case for "why you should stop calling Donald Trump a fascist."
Some of Trump's rhetoric does invoke the tyrannical speeches of fascist leaders of the past. Asked about his plans to track American Muslims, Trump ominously told Yahoo News last month, "Certain things will be done that we never thought would happen in this country."
But the key aspects of fascism are at odds with Trump's persona and his message. For all his bluster, a President Trump wouldn't pursue the authoritarian, collectivist agenda that characterized Germany's Nazi Party and Italy's Benito Mussolini, at least not according to what he's said so far about his political views. Calling Trump a fascist risks misleading voters about his agenda, which is not that much different from that of his rivals for the GOP presidential nod.
Douthat put it best. Trump is "a little fascistic"; he's not "The New Furor." Still, it's alarming to think that this is a legitimate question worthy of real debate when it comes to the leading candidate for a major party's presidential nomination. In the year 2016.
Callum Borchers covers the intersection of politics and media.
George Osborne rejects calls for Donald Trump to be banned from the UK | UK Politics | News | The Independent
Wed, 09 Dec 2015 17:45
George Osborne has rejected the growing calls for Donald Trump to be banned from the UK after he announced his plan to ban all Muslims from entering the United States.
The Chancellor dencounced the Republican presidential candidate's controversial remarks as going against the "founding principle of the United States" and said his "nonsense" views must be rejected by making it "very clear that his views are not welcome".
But he said the idea of using anti-extremism legislation to bar him from entering the UK would be wrong.
It comes as a petition calling for him to be banned surpassed the 100,000 signatures threshold needed for the proposal to be debated in Parliament.
Speaking as he deputised for David Cameron at Prime Minister's Questions, Mr Osborne told MPs:
"Frankly, Trump's comments fly in the face of the founding principle of the United States and is one of the reasons why they have provided such an inspiration.
"The best way to defeat nonsense like this is to engage in robust democratic debate and make it very clear that his views are not welcome."
Mr Osborne also praised the "brilliant job" that the Metropolitan police do in the capital after Mr Trump claimed that some areas of London were "no-go-areas" for police because of large Muslim communities.
The Chancellor added that the relationship between the police and Muslims in London was "excellent".
Caliphate!
Clinton Seeks Facebook, YouTube, Twitter Help in Fight Against Islamic State - Bloomberg Politics
Mon, 07 Dec 2015 17:29
Democratic presidential front-runner Hillary Clinton on Sunday called on major technology companies including Facebook and Google to join the fight against the Islamic State as evidence comes to light about the San Bernardino shooters' use of social media.
''We're going to need help from Facebook and from YouTube and from Twitter,'' the former secretary of state said during an interview on ABC's This Week. ''They cannot permit the recruitment and the actual direction of attacks or the celebration of violence by the sophisticated Internet user.''
''They're going to have to help us take down these announcements and these appeals,'' she added.
Later in the day, speaking at the Brookings Institution in Washington, Clinton elaborated on her thinking, telling a forum convened by Saban Capital Group president and CEO Haim Saban, a major fundraiser for her campaign and donor to the pro-Clinton Priorities USA Action super-PAC, that ''what we see right now I think is just the beginning of directed attacks and self-radicalization that leads to attacks like what we think happened in San Bernardino.''
The tech industry can help stem the tide by finding ways to ''deny online space'--just as we have to destroy their would-be caliphate'--we have to deny them online space,'' she said.
Clinton acknowledged that ''this is complicated'--you're gonna hear all the usual complaints: freedom of speech, etcetera.'' Still, she said, ''if we truly are in a war against terrorism and we are truly looking for ways to shut off their funding, shut off the flow of foreign fighters, then we've got to shut off their means of communicating.''
Encrypted communications pose even more complicated challenges for tech and government, Clinton said.
''I have to believe that the best minds in the private sector, in the public sector could come together to help us deal with this evolving threat,'' she said on ABC. She added that she knows ''what the argument is from our friends in the industry'' and also understands ''what the argument is on the other side from law enforcement and security professionals'' and wants to see the two sides ''get together and try to figure out the best way forward.''
Clinton has previously warned about Islamic State's skill in harnessing social media and encryption for recruiting and messaging, and urged that tech and government work together. Last month, during a major speech on the threat delivered at the Council on Foreign Relations in New York, she said that Silicon Valley should not ''view government as its adversary.''
She has not, though, been as aggressive in calling out companies by name, as she did not only during her TV appearance but while speaking at Brookings.
Terrorists ''communicate on very ubiquitous sites'--YouTube, Twitter, Facebook,'' she said at the Saban Forum. ''The woman jihadist in San Bernardino posted her allegiance to [Islamic State leader Abu Bakr al-] Baghdadi and ISIS on Facebook.''
The Global Coalition to Counter ISIL
Mon, 07 Dec 2015 06:04
On September 10, 2014, President Obama announced the formation of a broad international coalition to defeat The Islamic State of Iraq and the Levant (ISIL) emphasizing, ''Our objective is clear: We will degrade, and ultimately destroy, ISIL through a comprehensive and sustained counterterrorism strategy.''
The ISIL Threat: A Global Challenge
The Islamic State of Iraq and the Levant (ISIL) has dramatically undermined stability in Iraq, Syria and the broader Middle East and poses a threat to international peace and security. ISIL continues to commit gross, systematic abuses of human rights and violations of international law, including indiscriminate killing and deliberate targeting of civilians, mass executions and extrajudicial killings, persecution of individuals and entire communities on the basis of their identity, kidnapping of civilians, forced displacement of Shia communities and minority groups, killing and maiming of children, rape and other forms of sexual violence, along with numerous other atrocities. ISIL presents a global terrorist threat which has recruited thousands of foreign fighters to Iraq and Syria from across the globe and leveraged technology to spread its violent extremist ideology and to incite terrorist acts. As noted in UN Security Council Resolution 2170, ''terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States'... which is why our first priority is to encourage others to join in this important endeavor.''
The Global Coalition to Degrade and Defeat ISIL
Secretary Kerry Presides Over the Counter-ISIL Coalition Ministerial in Brussels, December 3, 2014
Sixty-five coalition partners have committed themselves to the goals of eliminating the threat posed by ISIL and have already contributed in various capacities to the effort to combat ISIL in Iraq, the region and beyond.
The breadth and diversity of partners supporting the coalition demonstrate the global and unified nature of this endeavor. Below are some (this list is not exhaustive) of the partners that have joined this effort to date, and we expect the number to grow.
If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.
AlbaniaArab LeagueAustraliaAustriaKingdom of BahrainKingdom of BelgiumBosnia andHerzegovinaBulgariaCanadaCroatiaCyprusCzech RepublicDenmarkArab Republic ofEgyptEstoniaEuropean Union
FinlandFranceGeorgiaGermanyGreeceHungaryIcelandRepublic of IraqIrelandItalyJapanJordanRepublic of KoreaKosovoKuwaitLatvia
LebanonLithuaniaLuxembourgMacedoniaMalaysiaMoldovaMontenegroMoroccoNetherlandsNew ZealandNigeriaNorwayOmanPanamaPolandPortugal
QatarRomaniaSaudi ArabiaSerbiaSingaporeSlovakiaSloveniaSomaliaSpainSwedenTaiwanTunisiaTurkeyUkraineUnited Arab EmiratesUnited KingdomUnited States
Special Presidential Envoy for the Global Coalition to Counter ISIL
Brett McGurk is the Special Presidential Envoy for the Global Coalition to Counter ISIL. The President appointed Brett McGurk as Deputy Envoy on September 13, 2014 and he acceded to the position of Special Presidential Envoy on November 13, 2015.
From September 2014 until November 12, 2015, General John Allen served in the role of Special Presidential Envoy and played a critical and central role in building the 65 member strong Global Coalition that remains committed to degrading and defeating ISIL.
The Five Lines of Effort
Secretary Kerry and Secretary Hagel set forth five mutually reinforcing lines of effort to degrade and defeat ISIL at an early September 2014 meeting with NATO counterparts.
These lines of effort include:
Providing military support to our partners;Impeding the flow of foreign fighters;Stopping ISIL's financing and funding;Addressing humanitarian crises in the region; andExposing ISIL's true nature.As Secretary Kerry has said, ''there is a role for every country to play'' in degrading and defeating ISIL. Some partners are contributing to the military effort, by providing arms, equipment, training, or advice. These partners include countries in Europe and in the Middle East region that are contributing to the air campaign against ISIL targets. International contributions, however, are not solely or even primarily military contributions. The effort to degrade and ultimately defeat ISIL will require reinforcing multiple lines of effort, including preventing the flow of funds and fighters to ISIL, and exposing its true nature.
Humanitarian assistance to those affected by the conflict is equally important to meeting urgent needs and maintaining regional stability, and contributions to humanitarian assistance, including a critical contribution of $500 million by Saudi Arabia to the humanitarian response in Iraq, have been essential. With the needs of vulnerable civilians continuing to grow, additional contributions from the international community are necessary in order to address the greatest needs'--including shelter, food and water, medicine and education.
Migrants
BLANKS WERE STOLEN-Can U.S. border tech detect fake passports? -- FCW
Mon, 07 Dec 2015 17:53
Biometrics
Can U.S. border tech detect fake passports?By Sean LyngaasDec 03, 2015A number of policy issues, including passport security, are being evaluated after the Paris attacks last month.
The Paris terror attacks prompted debate in the United States on a number of policy issues, including passport security.
An apparently fake Syrian passport found near the body of one of the Paris attackers was reportedly used to travel through Europe. And all the Paris attackers who have been identified were citizens of Belgium and France -- countries that are among the 38 that are part of a U.S. visa-waiver program now receiving fresh scrutiny from lawmakers.
In a Nov. 19 Senate Homeland Security Committee hearing, Sen. Claire McCaskill (D-Mo.) argued that lawmakers should use the aftermath of the Paris attacks "as a moment of leverage with our visa waiver partners to insist on the same kind of biometric protections that we have in our passports for those passports."
A bipartisan group of senators did just that on Dec. 1 in introducing a bill that would tighten the biometric process used in the visa-waiver program.
The visa-waiver countries have passports with built-in chips carrying biometric data, but according to a summary of the new bill released by one of its sponsors, Sen. Dianne Feinstein (D-Calif.), some countries are allowed to phase in this requirement, since older passports that lack the chip remain valid. The legislation's remedy for this apparent inconsistency is to require all visa-waiver program travelers to have electronic passports within 90 days of the law's enactment. (Department of Homeland Security Secretary Jeh Johnson announced in August that DHS and the State Department would "begin introducing a number of additional or revised security criteria for all participants in the Visa Waiver Program," including required use of e-passports, but no timeline was publicly declared.)
Efforts to bolster passport security can be broken into two categories: making greater use of biometrics for identity verification, and boosting reporting on lost or stolen passports via organizations such as Interpol.
Facial imagery is the primary biometric used by the International Civil Aviation Organization, a UN agency that works with member countries to set aviation security standards, while fingerprints and iris scans can be supplemental biometrics, according to Michael Holly. He is a senior adviser for international affairs at the State Department's Passport Services Directorate.
The more biometric markers involved in the identification verification process, generally the more accurate it is. And moving beyond that baseline facial biometric is apparently a work in progress for some nations.
"The European Union is still struggling to use the fingerprints that they store on their passports," Holly said in an interview.
Asked if U.S. officials consulted with their European counterparts on how the reportedly fake Syrian passport made its way through Europe, Holly said he was "sure that has occurred," though he was not privy to those discussions. Spokespeople for the Department of Homeland Security and the FBI declined to comment when asked if the agencies had consulted with their European counterparts on passport security after the Paris attacks.
Interpol, which is headquartered in France, runs a database for member countries to report lost or stolen passports.
"The gap is not so much with countries reporting lost and stolen passports," Holly said, but rather "with countries actually checking" the Interpol database..
Not fool-proofAll those applying for visas to travel to the United States must submit full digital fingerprints at consulates abroad. Foreigners traveling to the European Union, however, generally aren't held to that standard.
Roger Mason, former senior adviser to the director of national intelligence and a biometrics expert, called that "a huge difference" in the data that EU and U.S. authorities are working with for identity verification purposes.
Having travelers submit biometrics at ports of entry to the U.S., which are then checked against law enforcement databases, is "not fool-proof, but it's one more barrier of complexity that would-be fraudulent passport holders would have to encounter," Mason told FCW.
European passport inspectors, or those anywhere else, could make more use of biometrics such as iris scans, according to Mason, but implementing that would involve tradeoffs in terms of cost and throughput. "You're moving a lot of people across all these different borders and ports of entry, so that's typically the tradeoff," he said.
As with many IT advances, enhanced biometrics collection can prompt privacy concerns. A German citizen named Michael Schwarz, for example, refused to submit his fingerprints and was denied a passport. He tried to have that denial overturned on privacy grounds, but the European Court of Justice ruled in 2013 that requiring fingerprints for a passport is legal.
Nonetheless, biometrics are no panacea for secure travel. Nor are they universally collected by U.S. authorities. If someone steals a passport from a country in the U.S. visa-waiver program, and the holder of that passport has never traveled to the United States, authorities may not have biometrics to check against upon entry. With no biometric trail to work with, "you're very dependent on the skills of the inspector," Holly said.
About the Author
Sean Lyngaas is an FCW staff writer covering defense, cybersecurity and intelligence issues. Follow him on Twitter: @snlyngaas.
Trump's Muslim Ban Is Not 'Fascist,' and Probably Isn't Unconstitutional
Wed, 09 Dec 2015 18:45
Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on. According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population. Most recently, a poll from theCenter for Security Policyreleased data showing ''25% of those polled agreed that violence against Americans here in the United States is justified as a part of the global jihad'' and 51% of those polled, ''agreed that Muslims in America should have the choice of being governed according to Shariah.'' Shariah authorizes such atrocities as murder against non-believers who won't convert, beheadings and more unthinkable acts that pose great harm to Americans, especially women.
Mr. Trump stated, ''Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension. Where this hatred comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life. If I win the election for President, we are going to Make America Great Again.''
It should be possible to disagree with this statement without describing Donald Trump as the new Hitler'... but it seems to be rather difficult.
Mediatehas a roundup of newspapers making Hitler comparisons, complete with photos chosen to make it look as if Trump is giving his audiences the oldSieg Heil. TheHuffington Postdeclared Trump had gone ''full fascist.''
''Is this what Germany looked like in 1933?''askedMSNBC host Joe Scarborough.
That last link comes courtesy of my friend David Harsanyi ofThe Federalist,who lost family members during the Holocaust, and speaks with authority when he replies to Scarborough, ''No. Not at all.''
David says he tries to be a good sport about ''the occasional gratuitous Nazi analogy,'' but feels obliged to throw a flag on this particular play:
Unless political demonstrations have been banned and something comparable to the Reichstag fire is about to go down, Trump is not going to be F¼hrer. Marinus van der Lubbe may not have burned down the German Parliament, but Islamic terrorists actually did gun down a bunch of Americans last week. And yet Stormtroopers didn't smash Muslim businesses in a fury of collective punishment; a concentration camp for political opponents of Trump was not established this year; there's been no decree banning Muslims from practicing law and civil service jobs, and no prohibitions on Islamic dietary laws. Not even Trump has claimed to want to institute any of these things'--and other than a few fringy Nazi types on Twitter, I've never seen anyone claim to want to institute these things. All of them, of course, would be unconstitutional.
He offers an interesting theory that the swift flurry of ''Trump=Hitler'' responses might be due to the Left's effort to portray Muslims as an oppressed class in the Western world. There's a lively genre of European editorials and political speeches that explicitly claim ''Muslim refugees are the new Jews.''
As for whether Trump's proposed Muslim immigration ban would beunconstitutional,Mark Krikorian atNational Reviewjudges it would most likely pass Constitutional muster, with due allowances for varying interpretations (and some confusing responses from Trump campaign spokespeople) of exactly what Trump has in mind:
First of all, it's important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, ''Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.''
What's more, while the president doesn't have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of ''parole''), he does have the statutory authority to keep anyone out, for any reason he thinks best.
We really ought to get past the habit of describing every idea we disagree with as ''fascist,'' ''unconstitutional,'' or ''un-American,'' with the latter term covering the angry denunciations of Trump's Muslim immigration ban as going against everything Americans ''stand for and believe in,'' toquoteformer Vice President Dick Cheney on the matter.
It's fun to watch people who generally portray Cheney as a Dark Lord of the Sith embrace him as a prominent anti-Trump spokesman, but really, there is nothing in the charter or character of the United States that demands unlimited immigration from anywhere, or everywhere. We should have the political language to denounce proposals in very strong terms without saying they run contrary to the basic character of the country '' or, conversely, asserting that agreement with a proposal is mandatory for all good Americans.
I have little hope of winning the war against political hyperbole today, even though it's a day when Donald Trump is a commanding figure on both sides of the hyperbole battlefield. I'm also not looking for a side job as interpreter of What Trump Really Meant. I have to sleep sometime, and the oracles of What Obama Really Meant look absolutelyexhaustedthese days.
But going from his original statement and its title, and sifting through the rubble of the overnight attacks and clarifications, I think we're talking about: (A) A ban on Muslim immigration to the United States, for (B) a limited period of time (''until our country's representatives can figure out what is going on,'' which may be the vaguest deadline ever proposed) because (C) the Muslim population includes an unacceptably high percentage of people prone to commit, support, or indulge terrorist violence (''it is obvious to anybody the hatred is beyond comprehension.'')
This may be a very bad idea, or an unworkable proposal; Trump can be criticized for failing to include extensive specifics for such an enormously controversial idea, or fully briefing his campaign staffers on the bombshell he was about to drop. But it's not fascism or Hitlerism. Among other things, it is a proposal that would leave considerably fewer people under the authority of a prospective President Trump. Hitlerism was not defined by closed borders, but bymovingborders. You didn't have to immigrate to Nazi Germany '' it came to you.
In hisNational Reviewpiece, Krikorian gives Trump a little credit for starting a conversation about immigration and national security, topics which are too often dominated by thoughtless pieties. We might also applaud Trump for dragging liberals out of their seven-year totalitarian stupor under Obama, and making them realize due process matters, legislative responsibility rests with Congress, and untrammeled executive authority is bad. I knew they would instantly embrace all of those truths on the day a Republican President was inaugurated, but Trump woke them up over a year ahead of schedule.
It's true that screening for religious affiliation in the manner Trump described would be logistically difficult and uncomfortable, but somehow Saudi Arabia pulls it off. Good luck immigrating there with big plans to open a church or synagogue. For that matter, good luck getting into the Kingdom as a Syrian refugee.
Most Americans don't want to use Saudi Arabia as an immigration model, but let's not pretend a very sizable portion of the U.S. electorate isn't having doubts about indiscriminate open-door immigration policies. Again, not to be an interpreter of What Trump Really Meant, but what if he proposed a temporary moratorium on immigration from a few particularly troublesome Muslim countries, the proximate example being Pakistan?
In a post meant to dispel the ''tiny minority of violent extremists'' mythology of Islam, David French atNational Reviewnotes that in Pakistan, ''a horrifying 72 percent couldn't bring themselves to express an unfavorable view of ISIS.'' Is it still Hitlerism to say that maybe we ought to pump the brakes on granting visas to especially problematic regions?
The Americans who have qualms about Islam are not mindless bigots. They're looking at what's actually happening across the Muslim world with open eyes. ''All Muslims are terrorists'' is a foolish statement, but Hillary Clinton's statement that ''Islam has nothing whatsoever to do with terrorism'' isequally foolish. The cognitive dissonance of swallowing such officially-mandated pap has grown too great for many Americans to bear. They're nervous about donning the sensitivity blindfolds their political leaders insist they wear.
They're also pushing back against demands that law-abiding citizens give up Constitutional rights and modify their lives in the name of security. If that's the price of mass immigration, it's not xenophobic for citizens to decide it's not worth paying. The more sternly they are informed reasonable discussion of the matter is impossible, the more they will embrace less reasoned modes of discourse.
If the choice is between Attorney General Loretta Lynch declaring an unconstitutional crusade against ''anti-Muslim speech'' after an Islamist massacre, and her boss daydreaming about using a no-fly list to short-circuit the Second Amendment, without the Beltway establishment batting an eye'... and Trump's undeniably extreme Muslim immigration ban'... many people will find those alternatives comparably outrageous, and choose the outrage that injures them less. Who wants their obituary on page A26 of the newspaper that uses its headline to declare they're no better than the Islamist who murdered them?
Personally, I think we can handle these challenges without a total ban on any form of immigration, but we do need to understand that security screening, assimilation, and law enforcement are logistical exercises. Numbers matter. It is also sheer folly to pretend every group of prospective immigrants is exactly the same, or that every nation of origin is equally capable of providing the kind of background information solid vetting requires.
As long as our respectable political elite is willfully blind to those realities, and insists we all share their studied ignorance, outrageous voices can own the reasonable real estate in this debate.
Big Pharma
ADHD drugs may be a prescription for bullying | Fox News
Mon, 07 Dec 2015 02:39
Kids and teens who take prescription medicines to treat attention-deficit hyperactivity disorder (ADHD) may be twice as likely to be bullied as their peers who don't have this mental health problem, a recent U.S. study suggests.
Adolescents who sold their prescribed drugs to other kids - who might want the stimulants for study or diet aids - had more than four times greater odds of being bullied than their peers without ADHD, the study also found.
"Our findings show that there is some connection between a prescription for stimulant medications and bullying, even after accounting for the fact that adolescents with ADHD may have difficulties with peers or may have other problem behaviors associated with victimization," lead study author Quyen Epstein-Ngo, a researcher at the University of Michigan in Ann Arbor, said by email.
To assess the connection between ADHD medication and bullying, Ngo and colleagues surveyed middle and high school students annually for four years.
Ultimately, the surveys involved nearly 5,000 youngsters. About 15 percent had an ADHD diagnosis and roughly 4 percent had been prescribed stimulants within the past 12 months, the researchers report in the Journal of Pediatric Psychology.
Among those who took ADHD medications, about 20 percent reported being approached to sell or share them, and about half of them did so when asked.
Overall, about 2 percent of the teens reported regularly experiencing both physical and emotional bullying, while 15 percent said they had never been victimized. Slightly more than 1 percent of the youth said they had regularly experienced just physical bullying, while 2.5 percent reported frequent emotional mistreatment.
The odds of frequent bullying of any type were 79 percent higher for adolescents with an ADHD diagnosis who'd been prescribed stimulants during the past 12-months, compared to adolescents never diagnosed with ADHD.
The odds of past-year frequent bullying of any type was roughly three times higher for adolescents diagnosed with ADHD who were approached to divert their prescription stimulants, compared to kids without ADHD.
Among youngsters who did give up their meds to other kids, the odds of past-year frequent bullying was roughly four and a half times higher.
One limitation of the study is that researchers lacked data on drug dosage, the authors acknowledge. The survey also didn't capture situations when teens with ADHD may have given away or sold their stimulant medications without being asked.
Bullying might be more common for children who agree to give away drugs because they have access to a medication that other teens want, potentially making them targets of aggression designed to gain access to the stimulants, Dr. Frances Turcotte Benedict of Brown University in Providence, Rhode Island, said by email.
It's also possible that children who did sell or give away their drugs may have been more deviant or had conduct and behavior problems that might be independently related to bullying, noted Dr. Timothy Wilens, a researcher at Harvard University and chief of child and adolescent psychiatry at Massachusetts General Hospital
"While medications can be very helpful for ADHD symptoms, they may also be associated with some behavioral adverse effects such as irritability," Wilens, who wasn't involved in the study, said by email. "Other children may react to this irritability . . . by bullying the child."
In addition, the teens with ADHD who take medications may have more serious mental health problems that make them more likely targets of bullying than children with ADHD who don't take stimulants, said Dr. Emma Sciberras of Deakin University in Melbourne.
"Children with ADHD are likely to be at increased risk of bullying given the symptoms of ADHD that they experience, as well as broader mental health difficulties that are associated with the condition," Sciberras, who wasn't involved in the study, said by email. "Children with ADHD who take medications represent a more severe and impaired group."
MIC
Russia Is Using Syria as a Training Ground for Its Revamped Military and Shiny New Toys | Foreign Policy
Thu, 10 Dec 2015 07:02
Following the 2008 war in Georgia, Russia projected an air of victory. Georgian forces were crushed, and the breakaway republics of Abkhazia and South Ossetia were bolstered. But the win was clouded by thepoor performanceof Russianground and air forces in what had turned out to be a far messier and bloodier campaign than the Kremlin envisioned. And in the aftermath,Vladimir Putin, then Russia's prime minister,launched a massive program to trim the country's bloated military, beef up training, and replace its outdated hardware.
Two-and-a-half months into Russia's air war in Syria, the fruits of those reforms are on displayas Moscow ups the ante in the Middle East.
Earlier this week, Russia hit targets near Raqqa, the Islamic State's de facto capital, with cruise missiles launched from an advanced stealthsubmarine in the Mediterranean Sea. Combined with increased airstrikes, Russian Defense Minister Sergei Shoigu claimed the military had launched a massive air raid over three days and helped Syrian special operations forces recover the black box of a Russian warplane downed by Turkey last month.
The latest display of force comes as Moscow continues to flex its military muscle after firing missiles from warships in the Caspian Sea in October and November.
Moscow's operation in Syria is still relatively limited in scale, but the Kremlin has been using the military campaign as a testing ground for new weaponry and hardware. In doing so, it is alerting the United States and other Western powers of Russia's newly restored military prowess after decades of decay.
''The missiles launched from the submarine were more of a political weapon aimed at Washington, rather than a military one aimed at ISIS,'' Chris Harmer, a senior naval analyst at the Institute for the Study of War, told Foreign Policy.
The Rostov-on-Don submarine is believed to be one of the quietest in the world, making it an excellent tool for stealth operations. But Harmer said the use of such sophisticated technology, along with cruise missiles, are a curious choice given that Russian air power would be much cheaper and more effective.
''There is no tactical reason for Russia to fire a cruise missile. They are using these to show the world that they can,'' said Harmer.
The bombing campaign in Syria is being conducted openly, is heavily documented on social media by the Ministry of Defense, and is trumpeted on Russian state television. Soon after Russiafired26 sea-based cruise missiles from warships in the Caspian Sea in early October, footage (which can be seen below) was shared across the Ministry of Defense's social media accounts.
The most recent submarine cruise missile launch, on Tuesday, was also widely shared by the Ministry of Defense.
''The propaganda value of these displays at home and abroad can't be discounted,'' Mark Galeotti, a professor at New York University and a Russian military expert, told FP.
In addition to propping up the regime of Syrian President Bashar al-Assad, Galeotti said Russia is ''testing new technologies and new ways of operating with old technologies.''
''It's also about showing potential customers that Russian weapons can do impressive things,'' Galeotti said.
Beyond displays of naval power, Russia has used shock and awe tactics during air missions in Syria. On Nov. 17, the Russian air force launched a massive air raid from southern Russia, mobilizing its previously withered heavy bomber squadrons. Russia has alsodeployedits advanced S-400 surface-to-air defense system in the Syrian campaign.
And in yet another display of Russian military bravado, Putin raised the prospect during a televised address of using nuclear weapons against the Islamic State '-- but then backtracked bysayinghe hoped they ''will never be needed.''
This domineering show of military force is a sharp contrast to Russia's swift and largely bloodless takeover of Crimea in 2014, where Moscow deployed naval infantry and special operations forces to wrest control of facilities before annexing Ukraine's peninsula. Moscow's involvement in eastern Ukraine, while more substantial and bloody than in Crimea, has never officially been acknowledgedby the Kremlin.
The Syrian campaign marks a significant escalation from those in Crimea and Ukraine, but all three missions bear the mark of the reforms borne of the 2008 war in Georgia and the ensuing military modernization project Putin launched in 2010. The program aimed to replace 70 percent of Soviet-era military hardware by 2020, including 50 new warships for the navy,hundreds of new fighter jets, and thousands of new vehicles for ground forces.
But the expensive arms buildup faces major hurdles as Russia's economy sinks under the weight of Western sanctions and tumbling oil prices. The approximately $400 billion modernization program was conceived back when Russia's coffers were brimming with petrodollars. About one-quarter of Russia's military budget remains secret, according to areportby the Russian newspaperVedomosti, but budget cuts remain inevitable in the current economic climate.
Galeotti said Moscow is now facing a race against time before economic pressures impair the pace of military reform.
''Although the Russians aren't willing to admit it, they are already making cuts,'' he said. About one-third of the military has been reformed, and some of the country's top soldiers have been cherry-picked to deploy to brigades in Ukraine and Syria, Galeotti said.
How Moscow will manage to sustain its reforms, as well as its involvement in both Ukraine and Syria, remains to be seen. But in the short term, there's little question that Russia's military mission in Syria has been a boon to the resurgent Kremlin.
''Just by starting their Syrian operation, they essentially derailed large parts of U.S. foreign policy with about 30 aircraft,'' Galeotti said. ''That shouldn't be discounted.''
Photo credit: Russian Ministry of Defense
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Homeland Security chief to revamp terrorism alert system - Yahoo News
Mon, 07 Dec 2015 16:13
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Geen 'negers', 'hottentotten' en 'eskimo's' meer in het Rijksmuseum - CULTUUR - PAROOL
Wed, 09 Dec 2015 20:28
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Latif, et al. v. Holder, et al. - ACLU Challenge to Government No Fly List | American Civil Liberties Union
Mon, 07 Dec 2015 03:56
In June 2010, the ACLU and its affiliates in Oregon, Southern California, Northern California, and New Mexico filed a legal challenge on behalf of 10 U.S. citizens and permanent residents who could not fly to or from the U.S. or over American airspace because they are on the government's secretive No Fly List (an additional three people later joined the suit). The plaintiffs, who include four U.S. military veterans, were never told why they were on the list or given a reasonable opportunity to get off it. Being unable to fly has severely affected their lives, including their ability to be with their families, go to school, and travel for work. In August 2013, the court agreed with the ACLU that constitutional rights are at stake when the government puts Americans on the No Fly List, and in June 2014, the court ruled the government's system for challenging inclusion on the No Fly List is unconstitutional. As a result of our lawsuit, the government announced in April 2015 that it would tell U.S. citizens and lawful permanent residents whether they are on the list and possibly offer some reasons. However, the government's new redress process still falls far short of constitutional requirements because it denies our clients meaningful notice, evidence, and a hearing.
Several of our clients were originally stuck overseas, unable to return to their homes in the United States because they were on the No Fly List. In August 2010, the ACLU petitioned the court for preliminary relief so that the plaintiffs stranded abroad could fly back to the U.S. The government eventually let each of these plaintiffs return home. It also instituted a repatriation procedure by which U.S. citizens or green-card holders stranded outside of the United States due to apparent inclusion on the No Fly List can secure clearance to fly to the United States on an approved flight. Still, the government refused to tell our clients why they hadn't been able to fly back in the first place or whether they would be able to fly in the future.
The lawsuit aims to remedy that failure. It was filed against officials at the Justice Department, the FBI, and the Terrorist Screening Center, which creates and controls the No Fly List. In May 2011, the district court dismissed the case for lack of jurisdiction, ruling that the lawsuit should have been filed against the Transportation Security Administration, and that the relief the plaintiffs sought could only come from a federal appellate court. The ACLU appealed, and the U.S. Court of Appeals for the 9th Circuit unanimously reversed the district court's decision and held that the case should go forward in district court, where it now proceeds.
In a motion for partial summary judgment, the ACLU asked the court to rule that the inadequate redress process for people on the list violates the Constitution's guarantee of due process. The court partially granted that motion in August 2013, holding that the Constitution applies when the government bans Americans from air travel. In June 2014, the court struck down the government's redress process as unconstitutional, and it ordered the government to tell the ACLU's clients why they are on the No Fly List and give them the opportunity to challenge their inclusion on the list before the court. In October 2014, the government finally informed seven of the 13 plaintiffs that they were not on the list, and it then provided the remaining six plaintiffs with unclassified ''summaries'' of the reasons for their placement on the list. However, the government still keeps its full reasons secret. It also withholds evidence and exculpatory information from our clients and refuses to give them a live hearing to establish their credibility or cross-examine witnesses. Because of these and other serious problems, the ACLU has challenged the revised process as unconstitutional.
Until the government fixes its unconstitutional new process, people on the No Fly List are barred from commercial air travel with no meaningful chance to clear their names, resulting in a vast and growing group of individuals whom the government deems too dangerous to fly but too harmless to arrest.
Stranded Outside of the United States Due to Denial of Boarding on a Flight? Follow these instructions to Get Home
Survey: Denial of Boarding Outside the U.S.
ABA Division for Public Education: Students: Debating the "Mighty Constitutional Opposites": Hate Speech Debate
Wed, 09 Dec 2015 18:35
Debating the ''Mighty Constitutional Opposites''
Debating Hate Speech
Hate speech is speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits. Should hate speech be discouraged? The answer is easy'--of course! However, developing such policies runs the risk of limiting an individual's ability to exercise free speech. When a conflict arises about which is more important'--protecting community interests or safeguarding the rights of the individual'--a balance must be found that protects the civil rights of all without limiting the civil liberties of the speaker.
In this country there is no right to speak fighting words'--those words without social value, directed to a specific individual, that would provoke a reasonable member of the group about whom the words are spoken. For example, a person cannot utter a racial or ethnic epithet to another if those words are likely to cause the listener to react violently. However, under the First Amendment, individuals do have a right to speech that the listener disagrees with and to speech that is offensive and hateful.
Think about it. It's always easier to defend someone's right to say something with which you agree. But in a free society, you also have a duty to defend speech to which you may strongly object.
Acts Speak Louder than WordsOne way to deal effectively with hate speech is to create laws and policies that discourage bad behavior but do not punish bad beliefs. Another way of saying this is to create laws and policies that do not attempt to define hate speech as hate crimes, or ''acts.'' In two recent hate crime cases, the U.S. Supreme Court concluded that acts, but not speech, may be regulated by law.
R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), involved the juvenile court proceeding of a white 14-year-old who burned a cross on the front lawn of the only black family in a St. Paul, Minn., neighborhood. Burning a cross is a very hateful thing to do: it is one of the symbols of the Ku Klux Klan, an organization that has spread hatred and harm throughout this country. The burning cross clearly demonstrated to this family that at least this youth did not welcome them in the neighborhood. The family brought charges, and the boy was prosecuted under a Minnesota criminal law that made it illegal to place, on public or private property, a burning cross, swastika, or other symbol likely to arouse ''anger, alarm, or resentment in others on the basis of race, color, creed, religion, or gender.'' The case went all the way to the Supreme Court, which ruled that the Minnesota law was unconstitutional because it violated the youth's First Amendment free speech rights.
Note that the Court did not rule that the act itself'--burning a cross on the family's front lawn'--was legal. In fact, the youth could have been held criminally responsible for damaging property or for threatening or intimidating the family. Instead, the law was defective because it improperly focused on the motivation for'--the thinking that results in'--criminal behavior rather than on criminal behavior itself. It attempted to punish the youth for the content of his message, not for his actions.
In the second case, Wisconsin v. Mitchell, 508 U.S. 476 (1993), Mitchell and several black youth were outside a movie theater after viewing Mississippi Burning, in which several blacks are beaten. A white youth happened to walk by, and Mitchell yelled, ''There goes a white boy; go get him!'' Mitchell and the others attacked and beat the boy.
In criminal law, penalties are usually based on factors such as the seriousness of the act, whether it was accidental or intentional, and the harm it caused to the victim. It is also not unusual to have crimes treated more harshly depending upon who the victim is. For example, in most states battery (beating someone) is punished more harshly if the victim is a senior citizen, a young child, a police officer, or a teacher.
Under Wisconsin law, the penalty for battery is increased if the offender intentionally selects the victim ''because of the race, religion, color, disability, sexual orientation and national origin or ancestry of that person.'' The Supreme Court ruled in Wisconsin v. Mitchell that this increased penalty did not violate the free speech rights of the accused. The Court reasoned that the penalty was increased because the act itself was directed at a particular victim, not because of Mitchell's thoughts.
Libertarian and Communitarian PerspectivesThere is a range of approaches to when hate speech might be regulated. On one end is the libertarian perspective; on the other, the communitarian. In both R.A.V. and Mitchell, the Supreme Court took the libertarian approach.
Libertarians believe that individuals have the right to free speech and that government should be able to limit it only for the most compelling reasons. Most libertarians recognize fighting words as an example of a sufficiently compelling reason to limit free speech. Notwithstanding the libertarian viewpoint, the courts have been careful to interpret this exception narrowly.
Communitarians take a different approach. They believe that the community's well-being is society's most important goal and that an individual's right to free speech may be limited in the interests of community harmony. They believe that treating people with fairness and dignity justifies at least some free-speech restrictions-that eliminating or reducing hate speech is a sufficiently compelling goal to justify government regulation. Communitarians would expand the fighting words doctrine to allow for increased government regulation.
Can a middle ground be found'--a way to accommodate both the communitarian and libertarian perspectives? Perhaps so. Government has the obligation to protect speech by disallowing laws that are too restrictive, yet it can also encourage individuals to respect each other.
Success on CampusHere's how one community recently approached an incidence of hate speech by calling attention to it rather than attempting to suppress it'--by encouraging speech that pointed out how out of place the hate speech was in a community that values the dignity of all.
Matt Hale, a notorious racist, was recently asked to speak at the University of Illinois at Springfield. Hale is the leader of the World of the Creator, a white supremacist group. His presence on campus was controversial. Several students, faculty, and community members thought that the university should cancel his appearance. Instead, he was allowed to speak. Hale's audience was not impressed. He came across as having a confusing set of beliefs that were out of place in a democratic, multicultural society. Several faculty and students spoke out against his message of hatred.
By allowing Hale to speak, the university recognized free speech rights but also provided a means for community members to respond. Communitarian and libertarian goals were both met.
Activities
Activities related to the hate speech debate.
Student Central | Students in Action | Debating the "Mighty Constitutional Opposites"Hate Speech Debate | Gun Debate | Privacy Debate
San Bernardino
Former NSA/CIA Contractor: ''Craft Intl Mercenaries Carried out San Bernardino Shooting'' >> Sons of Liberty Media
Thu, 10 Dec 2015 06:58
Yesterday, I reported on the fact that multiple outlets had reported three shooters in the San Bernardino massacre, including claims that they were white males. While we have been told that Syed Farook and Tashfeen Malik were the ones who were the killers, former National Security Agency/ Central Intelligence Agency contractor Steven D. Kelley says that it was a false flag operation that was carried out by a tactical training company for the US military, known as Craft International.
Kelley, who is a weapons expert, was interviewed on Press TV on Tuesday and said that the shooting ''is just one in a long string of false flag events that I am afraid to say are not over.''
''We'll probably be seeing several more before the end of the year, because of the events that are going on in the world, specifically with the NATO being implicated in the buying of oil from Daesh and other events,'' he added.
''So when these things happen they need to have a rapid response which requires a false flag attack. This was very obvious that this was going to happen,'' Kelley continued.
''The people that were on the scene and saw this happen also reported that three tall white men wearing black shirts, khaki pants and tanned combat boots were actually the shooters,'' Kelley told Press TV. ''The description is almost exactly what the gentlemen from Craft International, the mercenary organization that was involved in so many other false flags, actually look like. This seems to be their standard uniform.''
While Obama took advantage of the crisis to attack the rights of gun owners, Kelley said, ''The people that are being implicated '' the couple '-- first of all if they were planning something, if they were radicalized as this is being said, and clearly the NSA, the FBI will be right on the top of these people all the time, but rather than stopping them from doing something, they were nurtured to be used for this exact purpose.''
Well, if that were the case, where is the FBI when it comes to at least 22 verified Islamic terror training camps on US soil? Why is the FBI not enforcing the laws against totalitarian Islamists consistent with the law?
''I do not suspect that these people have anything to do with the actual shooting,'' he said. ''I suspect that these were patsies, no different than Timothy McVeigh or any of these other people who have historically been used to implement these terrorist acts.''
I have no problem with Kelley's assessment that they were patsies, but that doesn't explain how they were on the scene with the weapons they had and in full body armor and shot down the way they were.
''If you look at the people that were wounded you can see clearly that bullet wounds are not real. The 223 weapon or bullets fired from AR15 '' an extremely powerful weapon '-- would blow someone's arm off, it is not going to make a small hole,'' said Kelley.
''So clearly this is a very, very dirty false flag. Obviously, the United States is getting very, very desperate; the government here is very desperate, they need to do something immediately to disarm the United States prior to a revolution, because the people here are waking up very fast, and they are ready to shut down this evil empire. And this needs to happen very soon,'' Kelley concluded.
Now, the question is this: Since Former CIA Director William Casey said in 1981, ''We'll know our disinformation program is complete when everything the American public believes is false,'' should we believe Mr. Kelley or the media? Or, are we simply doomed to not know exactly what took place in San Bernardino? Personally, I'm not convinced of Mr. Kelley's assertions and I do believe that Muslims were behind the attack, though I still would like to know who the third suspect was and why they were not held.
Don't forget to Like SonsOfLibertyMedia.com on Facebook, Google Plus, & Twitter. The opinions expressed in each article are the opinions of the author alone and do not necessarily reflect those of SonsOfLibertyMedia.com.
Theater shooting defense lawyer represents Planned Parenthood shooting suspect | FOX31 Denver
Thu, 10 Dec 2015 05:59
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COLORADO SPRINGS, Colo. -- Robert Dear, the suspect in Friday's shooting at a Planned Parenthood building in Colorado Springs, appeared in court Monday morning. And for those who followed the Aurora theater shooting trial, a familiar lawyer stood by his side.
Daniel King, a defense attorney with the Colorado Public Defender's Office, appeared alongside Dear as the 57-year-old was arraigned on a charge of first-degree murder and informed he would be held without bond.
Dear's next court appearance was set for Dec. 9, when he will hear the official charges against him.
King also represented James Holmes, the gunman in the July 20, 2012 Aurora theater shooting that left 12 dead and 70 others injured.
While King failed in his pursuit of a not guilty by reason of insanity verdict, his client did avoid the death penalty, which was sought by the Arapahoe County District Attorney's Office.
El Paso County District Attorney Dan May did not indicate Monday whether he would seek the death penalty against Dear, who is accused of shooting 12 people in and around the Planned Parenthood building at 3480 Centennial Blvd. in Colorado Springs.
Three of those victims -- Jennifer Markovsky, a wife and mother, Ke'Arre Stewart, an Army veteran who served in Iraq, and Garrett Swasey, a police officer -- lost their lives.
May also indicated that while he has been in contact with U.S. Attorney John Walsh, a decision about whether to pursue federal charges against Dear had not been reached as of Monday.
38.833882-104.821363
War on Guns
We've had a massive decline in gun violence in the United States. Here's why. - The Washington Post
Mon, 07 Dec 2015 00:06
Premeditated mass shootings in public places are happening more often, some researchers say, plunging towns and cities into grief and riveting the attention of a horrified nation. In general, though, fewer Americans are dying as a result of gun violence '-- a shift that began about two decades ago.
In 1993, there were seven homicides by firearm for every 100,000 Americans, according to a Pew Research Center analysis of data from the Centers for Disease Control and Prevention. By 2013, that figure had fallen by nearly half, to 3.6 '-- a total of 11,208 firearm homicides. The number of victims of crimes involving guns that did not result in death (such as robberies) declined even more precipitously, from 725 per 100,000 people in 1993 to 175 in 2013.
Older data suggests that gun violence might have been even more widespread previously. The rate of murder and manslaughter excluding negligence reached an apex in 1980, according to the FBI. That year, there were 10.8 willful killings per 100,000 people. Although not a perfect measure of the overall rate of gun violence, the decline in the rate of murder and manslaughter is suggestive: Two in three homicides these days are committed with guns.
This decline in gun violence is part of an overall decline in violent crime. According to the FBI's data, the national rate of violent crime has decreased 49 percent since its apex in 1991. Even as a certain type of mass shooting is apparently becoming more frequent, America has become a much less violent place.
Much of the decline in violence is still unexplained, but researchers have identified several reasons for the shift. Here are five.
1. More police officers on the beatAdditional manpower helps police departments respond to and prevent violence. In 1994, President Bill Clinton signed a major crime bill that set aside enough federal funding for law enforcement agencies nationally to add 100,000 officers, though the ranks of the country's police forces had already been expanding as local governments dedicated more resources to their departments to control increasing rates of crime.
In New York City, the recruitment of more officers was a crucial reason that the decline in crime was larger and more sustained than in other cities, according to Franklin Zimring, a criminologist at the University of California at Berkeley. The economist Steven Levitt estimates that larger police forces reduced crime by 5 percent to 6 percent. Gun violence, presumably, declined along with crime in general.
2. Police using computersIt wasn't just that police departments hired more people. They also started using computers to collect data on crime and to direct their officers' efforts more efficiently. When they have accurate, current information on where crime is happening, they can identify the neighborhoods where they are needed most.
As Zimring notes, police in New York were among the first to realize the potential for computers to aid in fighting crime. Departments nationwide are now using versions of New York's CompStat system, short for Comparative Statistics. A recent study by the Brennan Center for Justice suggests that similar systems across the country reduced homicide by about 11 percent.
3. Less boozeA gradual decline in the amount of alcohol that Americans drink is another explanation for the decline in violence. About four in 10 prisoners convicted of murder were using alcohol at the time of the offense, according to a federal report. Americans drank 21 percent less alcohol in 2000 than in 1980, though consumption has increased since then, data from the National Institutes of Health shows. The authors of the report from the Brennan Center believe that this decline can account for 5 percent to 10 percent of the overall decline in crime.
4. Less leadBesides alcohol, lead is another substance that has been shown to make humans more aggressive. Lead is toxic, and it can affect the behavior of children who are exposed to the metal while their brains are still developing. After the passage of the Clean Air Act in 1970, refiners were required to sell unleaded gasoline. Jessica Reyes, an economist at Amherst College, has argued that the children born after that law took effect breathed in less lead from car exhaust and that their brains were healthier as a result. She has estimated that the removal of lead reduced violent crime by no less than 56 percent. Other researchers are skeptical that lead could have caused such a large decline in U.S. violence, but many agree that the Clean Air Act had some effect on crime.
5. A better economyUnemployment declined sharply from the recession under the Reagan administration through the boom under the Clinton administration, and income for the typical household increased. In better economic circumstances, communities and families might have more resources to dedicate to protecting themselves from crime '-- for example, by installing alarms in their homes. People also have more opportunities to earn money legally, removing one reason that some break the law.
The authors of the Brennan Center report conclude that the increase in household income can probably explain about 5 percent to 10 percent of the decline in crime, similar to their estimate for alcohol. Yet economic factors seem more likely to affect rates of property crime than violent crime, and the relationship between the economy and the rate of gun violence in particular isn't clear.
The Dec. 2, San Bernardino, Calif., shooting brought the number of U.S. mass shootings to 355 this year. Here's how the FBI defines a mass shooting and how it's different from a mass killing or a massacre. (Gillian Brockell and Monica Akhtar/The Washington Post)
Correction:An earlier version of this post inaccurately described a statistic from the Pew Research Center. That version stated that there were 725 victims of crimes who survived gunshot wounds per 100,000 people in the population in 1993, and that the statistic declined to 175 over the next 20 years. Those figures refer to the number of victims of crimes involving guns that did not result in death, such as robberies, including those in which no one was shot. This version has been corrected. We regret the error.
More from Wonkblog:
People are getting shot by toddlers on a weekly basis this year
What gun control advocates don't understand about gun owners
One map shows why America's gun violence is so much worse than anywhere else
You promised to ''defend the Constitution'' against ''all enemies, foreign and domestic.'' Now what? - The Washington Post
Thu, 10 Dec 2015 04:47
Article VI of the Constitution requires Officials to take an oath ''to support this Constitution.'' Today, 5 U.S.C. 3331 specifies the language of the oath for federal officials. According to this statute, officials must ''solemnly swear (or affirm)'' that they ''will support and defend the Constitution of the United States against all enemies, foreign and domestic'' and that they ''will bear true faith and allegiance to the same.''
Let's say you're a new federal employee and you take that oath. You take oaths seriously. And yet you might wonder what the oath is supposed to mean. On its face, it's not totally clear what it means to ''defend the Constitution'' and ''bear true faith'' to it. For example, some people support a constitutional amendment to repeal Citizens United, which would cut back on First Amendment protections. If you took the oath, are you obligated to oppose that amendment in order to faithfully defend the Constitution? Or imagine you work in a federal building and there's a Christmas display that you think violates the Establishment Clause. Does your oath obligate you to take steps to stop the violation, and if so, what steps?
I suspect the answer to both of these questions is ''no,'' and that the history of the oath is helpful to explain its meaning. As a very useful Wikipedia entry explains '-- big day for Wikipedia in my posts, it seems '-- the First Congress simply required the oath be a general one to ''support the Constitution.'' The Civil War changed that, though, with oaths during and afterwards mandating or implying an oath of loyalty to the Union and against insurrection.
The oath required by 5 U.S.C. 3331 actually dates back to 1868, when it was required of former Confederate soldiers. Here's the text of the 1868 law:
Congress amended the 1868 statute in 1884 so that it applied to all federal officers, not just ones who had taken part in the late rebellion. And the language has stuck around, presently codified at 5 U.S.C. 3331.
So if you're a federal employee, and you wonder just what your oath actually means, I don't think it obligates you to oppose constitutional amendments or to take down questionable Christmas displays that you come across. Instead, I think the oath is probably best understood in its historical context as a promise to oppose political reforms outside the Constitution. You have to stay loyal to the government that is based on the Constitution, and you can't support a rebellion or overthrow of that government. Or at least that's what I think the historical context suggests, which I tend to think sheds some light on what the oath means.
Orin Kerr is the Fred C. Stevenson Research Professor at The George Washington University Law School, where he has taught since 2001. He teaches and writes in the area of criminal procedure and computer crime law.
War on Men
Civil Rights Group Is Now Criticizing Random Jerks For Not Calling Women Back After Sex
Sun, 06 Dec 2015 23:44
APMorris Dees, co-founder of the Southern Poverty Law Center
A venerated civil-rights group is now going after men who are rude about women and their sex lives, according to Mike Riggs at Reason magazine.
The Southern Poverty Law Center was founded as a civil-rights group, to advocate for legal and social justice for minorities. They release quarterly "Intelligence Reports" monitoring the activities of organizations they deem "hate-groups."
If your name or your group's name gets mentioned on there, it can ruin your reputation. One "Intelligence Report" was even used as the basis for the Justice Department's own report on domestic right-wing terrorism in America.
Well, now the Southern Poverty Law Center isn't just going after organized (and disorganized) racism, they are expanding their mission to fight creepy guys who pick up women.
In their expanded "Misogyny Report," the SPLC lists a number of blogs they deem to have bad attitudes about women. Some of these are by "pick-up-artists."
A few of the quotes they cite in this important report are truly piggish. But they don't look like crimes.
The SPLC held up for ridicule one D.C. blogger for saying of American girls that he "made it a point to f#*k them and never call again.''
Not rape. Just being a jerk.
And the SPLC isn't above humiliating its targets in matters that have nothing to do with reactionary attitudes. Here is how they describe the blog "MarkyMark's Thoughts":
Run by a New Jersey Tea Partier with a financially underwater house and a chronic medical condition, Marky Mark's blog is filled with edifying thoughts like ''Even Nice Girls are Sluts."
Be careful, fellas: If you use your personal blog to rant about women, a civil rights group just might publicize details about your mortgage and medical history.
Here are all the websites that the SPLC trashes (but doesn't link to) in their report. Some of it is gross and retrograde for sure, and a few do have some offensive opinions about race and other topics, but you judge whether it is worth the the energy of an organization devoted to civil rights.
We describe them as they describe themselves:
Alcuin - Promoting the Intellectual Renaissance of the Western Tradition
Boycott American Women - a site that denounces the "generally immature, selfish, extremely arrogant and self-centered, mentally unstable, irresponsible and highly unchaste" women of America.
The Counter-feminist - a blog which exposes the evils of feminism and culturally sanctioned man-hating.
The False Rape Society - an "aggregator of the falsely accused."
In Male Fide - "in bad faith."
MarkyMark's Thoughts - DEVOTED MAINLY, BUT NOT EXCLUSIVELY TO, MEN'S ISSUES
Men's Activism - Men's rights News and Info.
Reddit: Men's Rights - The Men's Rights subreddit is a place for those who wish to discuss men's rights and the ways said rights are infringed upon. As a result, we have been earning ...
RooshV - Dating and travel blog that focuses on girls and how to pick up them in bars, clubs, coffee shops, etc.
SaveServices - ''Protecting Victims, Stopping False Allegations, Ending Abuse."
The Spearhead - Piercing the Shield of Ignorance.
A Voice for Men - to ''expose misandry on all levels in our culture."
Ottomanaia
Turkish government-backed lawsuit filed against cleric in US
Thu, 10 Dec 2015 07:34
ANKARA, Turkey (AP) '-- A Turkish government-backed lawsuit has been filed against a U.S.-based cleric, who has become the chief foe of Turkish President Recep Tayyip Erdogan.
A lawyer hired by the Turkish government, Robert Amsterdam, provided a copy of the filing in the U.S. district court in Pennsylvania. The lawsuit alleges that cleric Fethullah Gulen orchestrated human rights abuses from his residence in Pennsylvania against three men in Turkey. It alleges that Gulen ordered followers among the police and judiciary to plant evidence against the three men and build false criminal cases that led to their imprisonment.
The Turkish government claims Gulen has been running a parallel state by getting his followers into key positions in state institutions, including the police and judiciary. It has labelled Gulen's movement a terrorist organization. Gulen has denied the allegations.
The lawsuit is part of a broad campaign against Gulen's movement in Turkey and abroad. The government has carried out a purge of civil servants suspected of ties to the movement, seized businesses and closed some media organizations. Amsterdam said in an interview that other lawsuits in the US may follow.
The suit dated Dec. 7 alleges that Gulen targeted the three men because they were part of a rival spiritual movement critical of his teachings.
The Alliance for Shared Values, an organization close to Gulen, said in a statement the suit is part of an attempt to smear the moderate Islamic movement, which it says promotes democracy, philanthropy and inter-faith dialogue. It calls the investigation "absurd and outlandish."
___
Butler reported from Washington.
Comments
Common Core
Every Student Succeeds Act A1177
Wed, 09 Dec 2015 22:11
In the House of Representatives, U. S., November 17, 2015. Resolved, That the bill from the Senate (S. 1177) enti-tled ''An Act to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. 1This Act may be cited as the ''Student Success Act''. 2SEC. 2. TABLE OF CONTENTS. 3The table of contents for this Act is as follows: 4Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Authorization of appropriations. Sec. 7. Sense of the Congress. TITLE I'--AID TO LOCAL EDUCATIONAL AGENCIES Subtitle A'--In General Sec. 101. Title heading. Sec. 102. Statement of purpose. Sec. 103. Flexibility to use Federal funds. Sec. 104. School improvement. Sec. 105. Direct student services. Sec. 106. State administration. Subtitle B'--Improving the Academic Achievement of the Disadvantaged Sec. 111. Part A headings. Sec. 112. State plans. Sec. 113. Local educational agency plans. Sec. 114. Eligible school attendance areas.
2 'S 1177 EAH Sec. 115. Schoolwide programs. Sec. 116. Targeted assistance schools. Sec. 117. Academic assessment and local educational agency and school improve-ment; school support and recognition. Sec. 118. Parental involvement. Sec. 119. Qualifications for paraprofessionals. Sec. 120. Participation of children enrolled in private schools. Sec. 121. Fiscal requirements. Sec. 122. Coordination requirements. Sec. 123. Grants for the outlying areas and the Secretary of the Interior. Sec. 124. Allocations to States. Sec. 125. Basic grants to local educational agencies. Sec. 126. Targeted grants to local educational agencies. Sec. 127. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001. Sec. 128. Education finance incentive grant program. Sec. 129. Carryover and waiver. Sec. 130. Title I portability. Subtitle C'--Additional Aid to States and School Districts Sec. 131. Additional aid. Subtitle D'--National Assessment Sec. 141. National assessment of title I. Subtitle E'--Title I General Provisions Sec. 151. General provisions for title I. TITLE II'--TEACHER PREPARATION AND EFFECTIVENESS Sec. 201. Teacher preparation and effectiveness. Sec. 202. Conforming repeals. TITLE III'--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY Sec. 301. Parental engagement and local flexibility. TITLE IV'--IMPACT AID Sec. 401. Purpose. Sec. 402. Payments relating to Federal acquisition of real property. Sec. 403. Payments for eligible federally connected children. Sec. 404. Policies and procedures relating to children residing on Indian lands. Sec. 405. Application for payments under sections 8002 and 8003. Sec. 406. Construction. Sec. 407. Facilities. Sec. 408. State consideration of payments providing State aid. Sec. 409. Federal administration. Sec. 410. Administrative hearings and judicial review. Sec. 411. Definitions. Sec. 412. Authorization of appropriations.
3 'S 1177 EAH Sec. 413. Conforming amendments. TITLE V'--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION Sec. 501. The Federal Government's Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education. TITLE VI'--GENERAL PROVISIONS FOR THE ACT Sec. 601. General provisions for the Act. Sec. 602. Repeal. Sec. 603. Other laws. Sec. 604. Amendment to IDEA. TITLE VII'--HOMELESS EDUCATION Sec. 701. Statement of policy. Sec. 702. Grants for State and local activities for the education of homeless chil-dren and youths. Sec. 703. Local educational agency subgrants for the education of homeless chil-dren and youths. Sec. 704. Secretarial responsibilities. Sec. 705. Definitions. Sec. 706. Authorization of appropriations. TITLE VIII'--MISCELLANEOUS PROVISIONS Sec. 801. Findings; Sense of the Congress. Sec. 802. Preventing improper use of taxpayer funds. Sec. 803. Accountability to taxpayers through monitoring and oversight. Sec. 804. Prohibition of using education funds for excess payments to certain re-tirement or pension systems. Sec. 805. Sense of Congress on the free exercise of religion. TITLE IX'--SCHOOLS OF THE FUTURE ACT Sec. 901. Short title. Sec. 902. Findings. Sec. 903. Program authorized. Sec. 904. Application. Sec. 905. Application review and award basis. Sec. 906. Use of funds. Sec. 907. Data collection and evaluation. Sec. 908. Definitions. SEC. 3. REFERENCES. 1Except as otherwise expressly provided, whenever in 2this Act an amendment or repeal is expressed in terms of 3an amendment to, or repeal of, a section or other provision, 4the reference shall be considered to be made to a section or 5
4 'S 1177 EAH other provision of the Elementary and Secondary Edu- 1cation Act of 1965 (20 U.S.C. 6301 et seq.). 2SEC. 4. TRANSITION. 3Unless otherwise provided in this Act, any person or 4agency that was awarded a grant under the Elementary 5and Secondary Education Act of 1965 (20 U.S.C. 6301 et 6seq.) prior to the date of the enactment of this Act shall 7continue to receive funds in accordance with the terms of 8such award, except that funds for such award may not con- 9tinue more than one year after the date of the enactment 10of this Act. 11SEC. 5. EFFECTIVE DATES. 12(a) INGENERAL.'--Except as otherwise provided in 13this Act, this Act, and the amendments made by this Act, 14shall be effective upon the date of the enactment of this Act. 15(b) NONCOMPETITIVEPROGRAMS.'--With respect to 16noncompetitive programs under which any funds are allot- 17ted by the Secretary of Education to recipients on the basis 18of a formula, this Act, and the amendments made by this 19Act, shall take effect on October 1, 2015. 20(c) COMPETITIVEPROGRAMS.'--With respect to pro- 21grams that are conducted by the Secretary on a competitive 22basis, this Act, and the amendments made by this Act, shall 23take effect with respect to appropriations for use under those 24programs for fiscal year 2016. 25
5 'S 1177 EAH (d) IMPACTAID.'--With respect to title IV of the Act 1(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 2amendments made by this Act, shall take effect with respect 3to appropriations for use under that title for fiscal year 42016. 5SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 6The Act (20 U.S.C. 6301 et seq.) is amended by insert- 7ing after section 2 the following: 8''SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 9''(a) TITLEI.'-- 10''(1) PART A.'--There are authorized to be appro- 11priated to carry out part A of title I $16,245,163,000 12for each of fiscal years 2016 through 2019. 13''(2) PART B.'--There are authorized to be appro- 14priated to carry out part B of title I $710,000 for 15each of fiscal years 2016 through 2019. 16''(b) TITLEII.'--There are authorized to be appro- 17priated to carry out title II $2,788,356,000 for each of fiscal 18years 2016 through 2021. 19''(c) TITLEIII.'-- 20''(1) PART A.'-- 21''(A) SUBPART 1.'--There are authorized to 22be appropriated to carry out subpart 1 of part 23A of title III $300,000,000 for each of fiscal 24years 2016 through 2019. 25
6 'S 1177 EAH ''(B) SUBPART 2.'--There are authorized to 1be appropriated to carry out subpart 2 of part 2A of title III $91,647,000 for each of fiscal years 32016 through 2019. 4''(C) SUBPART 3.'--There are authorized to 5be appropriated to carry out subpart 3 of part 6A of title III $25,000,000 for each of fiscal years 72016 through 2019. 8''(2) PART B.'--There are authorized to be appro- 9priated to carry out part B of title III $2,302,287,000 10for each of fiscal years 2016 through 2019. 11''(d) TITLEIV.'-- 12''(1) PAYMENTS FOR FEDERAL ACQUISITION OF 13REAL PROPERTY.'--For the purpose of making pay- 14ments under section 4002, there are authorized to be 15appropriated $66,813,000 for each of fiscal years 162016 through 2019. 17''(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY 18IMPACTED LOCAL EDUCATIONAL AGENCIES.'--For the 19purpose of making payments under section 4003(b), 20there are authorized to be appropriated 21$1,151,233,000 for each of fiscal years 2016 through 222019. 23''(3) PAYMENTS FOR CHILDREN WITH DISABIL- 24ITIES.'--For the purpose of making payments under 25
7 'S 1177 EAH section 4003(d), there are authorized to be appro- 1priated $48,316,000 for each of fiscal years 2016 2through 2019. 3''(4) CONSTRUCTION.'--For the purpose of car- 4rying out section 4007, there are authorized to be ap- 5propriated $17,406,000 for each of fiscal years 2016 6through 2019. 7''(5) FACILITIES MAINTENANCE.'--For the pur- 8pose of carrying out section 4008, there are author- 9ized to be appropriated $4,835,000 for each of fiscal 10years 2016 through 2019.''. 11SEC. 7. SENSE OF THE CONGRESS. 12(a) FINDINGS.'--The Congress finds as follows: 13(1) The Elementary and Secondary Education 14Act prohibits the Federal Government from man- 15dating, directing, or controlling a State, local edu- 16cational agency, or school's curriculum, program of 17instruction, or allocation of State and local resources, 18and from mandating a State or any subdivision 19thereof to spend any funds or incur any costs not 20paid for under such Act. 21(2) The Elementary and Secondary Education 22Act prohibits the Federal Government from funding 23the development, pilot testing, field testing, implemen- 24tation, administration, or distribution of any feder- 25
8 'S 1177 EAH ally sponsored national test in reading, mathematics, 1or any other subject, unless specifically and explicitly 2authorized by law. 3(3) The Secretary of Education, through 3 sepa- 4rate initiatives, has created a system of waivers and 5grants that influence, incentivize, and coerce State 6educational agencies into implementing common na- 7tional elementary and secondary standards and as- 8sessments endorsed by the Secretary. 9(4) The Race to the Top Fund encouraged and 10incentivized States to adopt Common Core State 11Standards developed by the National Governor's Asso- 12ciation Center for Best Practices and the Council of 13Chief State School Officers. 14(5) The Race to the Top Assessment grants 15awarded to the Partnership for the Assessment of 16Readiness for College and Careers (PARCC) and 17SMARTER Balanced Assessment Consortium 18(SMARTER Balance) initiated the development of 19Common Core State Standards aligned assessments 20that will, in turn, inform and ultimately influence 21kindergarten through 12th-grade curriculum and in- 22structional materials. 23(6) The conditional Elementary and Secondary 24Education Act flexibility waiver authority employed 25
9 'S 1177 EAH by the Department of Education coerced States into 1accepting Common Core State Standards and aligned 2assessments. 3(b) SENSE OF THECONGRESS.'--It is the sense of the 4Congress that States and local educational agencies retain 5the rights and responsibilities of determining educational 6curriculum, programs of instruction, and assessments for 7elementary and secondary education. 8TITLE I'--AID TO LOCAL 9EDUCATIONAL AGENCIES 10Subtitle A'--In General 11SEC. 101. TITLE HEADING. 12The title heading for title I (20 U.S.C. 6301 et seq.) 13is amended to read as follows: 14''TITLE I'--AID TO LOCAL 15EDUCATIONAL AGENCIES''. 16SEC. 102. STATEMENT OF PURPOSE. 17Section 1001 (20 U.S.C. 6301) is amended to read as 18follows: 19''SEC. 1001. STATEMENT OF PURPOSE. 20''The purpose of this title is to provide all children the 21opportunity to graduate high school prepared for postsec- 22ondary education or the workforce. This purpose can be ac- 23complished by'-- 24
10 'S 1177 EAH ''(1) meeting the educational needs of low-achiev- 1ing children in our Nation's highest-poverty schools, 2English learners, migratory children, children with 3disabilities, Indian children, and neglected or delin- 4quent children; 5''(2) closing the achievement gap between high- 6and low-performing children, especially the achieve- 7ment gaps between minority and nonminority stu- 8dents, and between disadvantaged children and their 9more advantaged peers; 10''(3) affording parents substantial and meaning- 11ful opportunities to participate in the education of 12their children; and 13''(4) challenging States and local educational 14agencies to embrace meaningful, evidence-based edu- 15cation reform, while encouraging state and local inno- 16vation.''. 17SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 18Section 1002 (20 U.S.C. 6302) is amended to read as 19follows: 20''SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 21''(a) ALTERNATIVEUSES OFFEDERALFUNDS FOR 22STATEEDUCATIONALAGENCIES.'-- 23''(1) IN GENERAL.'--Subject to subsections (c) 24and (d) and notwithstanding any other provision of 25
11 'S 1177 EAH law, a State educational agency may use the applica- 1ble funding that the agency receives for a fiscal year 2to carry out any State activity authorized or required 3under one or more of the following provisions: 4''(A) Section 1003. 5''(B) Section 1004. 6''(C) Subpart 2 of part A of title I. 7''(D) Subpart 3 of part A of title I. 8''(E) Subpart 4 of part A of title I. 9''(2) NOTIFICATION.'--Not later than June 1 of 10each year, a State educational agency shall notify the 11Secretary of the State educational agency's intention 12to use the applicable funding for any of the alter- 13native uses under paragraph (1). 14''(3) APPLICABLE FUNDING DEFINED.'-- 15''(A) IN GENERAL.'--Except as provided in 16subparagraph (B), in this subsection, the term 17'applicable funding' means funds provided to 18carry out State activities under one or more of 19the following provisions: 20''(i) Section 1003. 21''(ii) Section 1004. 22''(iii) Subpart 2 of part A of title I. 23''(iv) Subpart 3 of part A of title I. 24''(v) Subpart 4 of part A of title I. 25
12 'S 1177 EAH ''(B) LIMITATION.'--In this subsection, the 1term 'applicable funding' does not include funds 2provided under any of the provisions listed in 3subparagraph (A) that State educational agen- 4cies are required by this Act'-- 5''(i) to reserve, allocate, or spend for 6required activities; 7''(ii) to allocate, allot, or award to 8local educational agencies or other entities 9eligible to receive such funds; or 10''(iii) to use for technical assistance or 11monitoring. 12''(4) DISBURSEMENT.'--The Secretary shall dis- 13burse the applicable funding to State educational 14agencies for alternative uses under paragraph (1) for 15a fiscal year at the same time as the Secretary dis- 16burses the applicable funding to State educational 17agencies that do not intend to use the applicable 18funding for such alternative uses for the fiscal year. 19''(b) ALTERNATIVEUSES OFFEDERALFUNDS FOR 20LOCALEDUCATIONALAGENCIES.'-- 21''(1) IN GENERAL.'--Subject to subsections (c) 22and (d) and notwithstanding any other provision of 23law, a local educational agency may use the applica- 24ble funding that the agency receives for a fiscal year 25
13 'S 1177 EAH to carry out any local activity authorized or required 1under one or more of the following provisions: 2''(A) Section 1003. 3''(B) Subpart 1 of part A of title I. 4''(C) Subpart 2 of part A of title I. 5''(D) Subpart 3 of part A of title I. 6''(E) Subpart 4 of part A of title I. 7''(2) NOTIFICATION.'--A local educational agency 8shall notify the State educational agency of the local 9educational agency's intention to use the applicable 10funding for any of the alternative uses under para- 11graph (1) by a date that is established by the State 12educational agency for the notification. 13''(3) APPLICABLE FUNDING DEFINED.'-- 14''(A) IN GENERAL.'--Except as provided in 15subparagraph (B), in this subsection, the term 16'applicable funding' means funds provided to 17carry out local activities under one or more of 18the following provisions: 19''(i) Subpart 2 of part A of title I. 20''(ii) Subpart 3 of part A of title I. 21''(iii) Subpart 4 of part A of title I. 22''(B) LIMITATION.'--In this subsection, the 23term 'applicable funding' does not include funds 24provided under any of the provisions listed in 25
14 'S 1177 EAH subparagraph (A) that local educational agencies 1are required by this Act'-- 2''(i) to reserve, allocate, or spend for 3required activities; 4''(ii) to allocate, allot, or award to en- 5tities eligible to receive such funds; or 6''(iii) to use for technical assistance or 7monitoring. 8''(4) DISBURSEMENT.'--Each State educational 9agency that receives applicable funding for a fiscal 10year shall disburse the applicable funding to local 11educational agencies for alternative uses under para- 12graph (1) for the fiscal year at the same time as the 13State educational agency disburses the applicable 14funding to local educational agencies that do not in- 15tend to use the applicable funding for such alternative 16uses for the fiscal year. 17''(c) RULE FORADMINISTRATIVECOSTS.'--A State 18educational agency or a local educational agency shall only 19use applicable funding (as defined in subsection (a)(3) or 20(b)(3), respectively) for administrative costs incurred in 21carrying out a provision listed in subsection (a)(1) or 22(b)(1), respectively, to the extent that the agency, in the ab- 23sence of this section, could have used funds for administra- 24
15 'S 1177 EAH tive costs with respect to a program listed in subsection 1(a)(3) or (b)(3), respectively. 2''(d) RULE OFCONSTRUCTION.'--Nothing in this sec- 3tion shall be construed to relieve a State educational agency 4or local educational agency of any requirements relating 5to'-- 6''(1) use of Federal funds to supplement, not sup- 7plant, non-Federal funds; 8''(2) comparability of services; 9''(3) equitable participation of private school stu- 10dents and teachers; 11''(4) applicable civil rights requirements; 12''(5) section 1113; or 13''(6) section 1111.''. 14SEC. 104. SCHOOL IMPROVEMENT. 15Section 1003 (20 U.S.C. 6303) is amended'-- 16(1) in subsection (a)'-- 17(A) by striking ''2 percent'' and inserting 18''7 percent''; and 19(B) by striking ''subpart 2 of part A'' and 20all that follows through ''sections 1116 and 211117,'' and inserting ''chapter B of subpart 1 of 22part A for each fiscal year to carry out sub- 23section (b),''; 24(2) in subsection (b)'-- 25
16 'S 1177 EAH (A) in paragraph (1), by striking ''for 1schools identified for school improvement, correc- 2tive action, and restructuring, for activities 3under section 1116(b)'' and inserting ''to carry 4out the State's system of school improvement 5under section 1111(b)(3)(B)(iii)''; and 6(B) in paragraph (2), by striking ''or edu- 7cational service agencies'' and inserting '', edu- 8cational service agencies, or non-profit or for- 9profit external providers with expertise in using 10evidence-based or other effective strategies to im- 11prove student achievement''; 12(3) in subsection (c)'-- 13(A) in paragraph (1), by inserting ''and'' at 14the end; 15(B) in paragraph (2), by striking ''need for 16such funds; and'' and inserting ''commitment to 17using such funds to improve such schools.''; and 18(C) by striking paragraph (3); 19(4) in subsection (d)(1), by striking ''subpart 2 20of part A;'' and inserting ''chapter B of subpart 1 of 21part A;''; 22(5) in subsection (e)'-- 23
17 'S 1177 EAH (A) by striking ''in any fiscal year'' and in- 1serting ''in fiscal year 2016 and each subsequent 2fiscal year''; 3(B) by striking ''subpart 2'' and inserting 4''chapter B of subpart 1 of part A''; and 5(C) by striking ''such subpart'' and insert- 6ing ''such chapter''; 7(6) in subsection (f), by striking ''and the per- 8centage of students from each school from families 9with incomes below the poverty line''; and 10(7) by striking subsection (g). 11SEC. 105. DIRECT STUDENT SERVICES. 12The Act (20 U.S.C. 6301 et seq.) is amended by insert- 13ing after section 1003 the following: 14''SEC. 1003A. DIRECT STUDENT SERVICES. 15''(a) STATERESERVATION.'--Each State shall reserve 163 percent of the amount the State receives under chapter 17B of subpart 1 of part A for each fiscal year to carry out 18this section. Of such reserved funds, the State educational 19agency may use up to 1 percent to administer direct student 20services. 21''(b) DIRECTSTUDENTSERVICES.'--From the amount 22available after the application of subsection (a), each State 23shall award grants in accordance with this section to local 24educational agencies to support direct student services. 25
18 'S 1177 EAH ''(c) AWARDS.'--The State educational agency shall 1award grants to geographically diverse local educational 2agencies including suburban, rural, and urban local edu- 3cational agencies. If there are not enough funds to award 4all applicants in a sufficient size and scope to run an effec- 5tive direct student services program, the State shall 6prioritize awards to local educational agencies with the 7greatest number of students with disabilities, neglected, de- 8linquent, migrant students, English learners, at-risk stu- 9dents, and Native Americans, to increase academic achieve- 10ment of such students. 11''(d) LOCALUSE OFFUNDS.'--A local educational 12agency receiving an award under this section'-- 13''(1) shall use up to 1 percent of each award for 14outreach and communication to parents about their 15options and to register students for direct student 16services; 17''(2) may use not more than 2 percent of each 18award for administrative costs related to direct stu- 19dent services; and 20''(3) shall use the remainder of the award to pay 21the transportation required to provide public school 22choice or the hourly rate for high-quality academic 23tutoring services, as determined by a provider on the 24State-approved list required under subsection (f)(2). 25
19 'S 1177 EAH ''(e) APPLICATION.'--A local educational agency desir- 1ing to receive an award under subsection (b) shall submit 2an application describing how the local educational agency 3will'-- 4''(1) provide adequate outreach to ensure parents 5can exercise a meaningful choice of direct student 6services for their child's education; 7''(2) ensure parents have adequate time and in- 8formation to make a meaningful choice prior to en- 9rolling their child in a direct student service; 10''(3) ensure sufficient availability of seats in the 11public schools the local educational agency will make 12available for public school choice options; 13''(4) determine the requirements or criteria for 14student eligibility for direct student services; 15''(5) select a variety of providers of high-quality 16academic tutoring from the State-approved list re- 17quired under subsection (f)(2) and ensure fair nego- 18tiations in selecting such providers of high-quality 19academic tutoring, including online, on campus, and 20other models of tutoring which provide meaningful 21choices to parents to find the best service for their 22child; and 23''(6) develop an estimated per pupil expenditure 24available for eligible students to use toward high-qual- 25
20 'S 1177 EAH ity academic tutoring which shall allow for an ade- 1quate level of services to increase academic achieve- 2ment from a variety of high-quality academic tutor- 3ing providers. 4''(f) PROVIDERS ANDSCHOOLS.'--The State'-- 5''(1) shall ensure that each local educational 6agency receiving an award to provide public school 7choice can provide a sufficient number of options to 8provide a meaningful choice for parents; 9''(2) shall compile a list of State-approved high- 10quality academic tutoring providers that includes on- 11line, on campus, and other models of tutoring; and 12''(3) shall ensure that each local educational 13agency receiving an award will provide an adequate 14number of high-quality academic tutoring options to 15ensure parents have a meaningful choice of services.''. 16SEC. 106. STATE ADMINISTRATION. 17Section 1004 (20 U.S.C. 6304) is amended to read as 18follows: 19''SEC. 1004. STATE ADMINISTRATION. 20''(a) INGENERAL.'--Except as provided in subsection 21(b), to carry out administrative duties assigned under sub- 22parts 1, 2, and 3 of part A of this title, each State may 23reserve the greater of'-- 24
21 'S 1177 EAH ''(1) 1 percent of the amounts received under 1such subparts; or 2''(2) $400,000 ($50,000 in the case of each out- 3lying area). 4''(b) EXCEPTION.'--If the sum of the amounts reserved 5under subparts 1, 2, and 3 of part A of this title is equal 6to or greater than $14,000,000,000, then the reservation de- 7scribed in subsection (a)(1) shall not exceed 1 percent of 8the amount the State would receive if $14,000,000,000 were 9allocated among the States for subparts 1, 2, and 3 of part 10A of this title.''. 11Subtitle B'--Improving the Aca-12demic Achievement of the Dis-13advantaged 14SEC. 111. PART A HEADINGS. 15(a) PARTHEADING.'--The part heading for part A of 16title I (20 U.S.C. 6311 et seq.) is amended to read as fol- 17lows: 18''PART A'--IMPROVING THE ACADEMIC 19ACHIEVEMENT OF THE DISADVANTAGED''. 20(b) SUBPART1 HEADING.'--The Act is amended by 21striking the subpart heading for subpart 1 of part A of title 22I (20 U.S.C. 6311 et seq.) and inserting the following: 23
22 'S 1177 EAH ''Subpart 1'--Improving Basic Programs Operated by 1Local Educational Agencies 2''CHAPTER A'--BASIC PROGRAM 3REQUIREMENTS''. 4(c) SUBPART2 HEADING.'--The Act is amended by 5striking the subpart heading for subpart 2 of part A of title 6I (20 U.S.C. 6331 et seq.) and inserting the following: 7''CHAPTER B'--ALLOCATIONS''. 8SEC. 112. STATE PLANS. 9Section 1111 (20 U.S.C. 6311) is amended to read as 10follows: 11''SEC. 1111. STATE PLANS. 12''(a) FILING FORGRANTS.'-- 13''(1) IN GENERAL.'--For any State desiring to re- 14ceive a grant under this subpart, the State edu- 15cational agency file with the Secretary a plan, devel- 16oped by the State educational agency, in consultation 17with local educational agencies, teachers, school lead- 18ers, public charter school representatives, specialized 19instructional support personnel, other appropriate 20school personnel, parents, private sector employers, 21entrepreneurs, and representatives of Indian tribes lo- 22cated in the State, that satisfies the requirements of 23this section and that is coordinated with other pro- 24grams under this Act, the Individuals with Disabil- 25ities Education Act, the Carl D. Perkins Career and 26
23 'S 1177 EAH Technical Education Act of 2006, the Head Start Act, 1the Adult Education and Family Literacy Act, and 2the McKinney-Vento Homeless Assistance Act. 3''(2) CONSOLIDATED PLAN.'--A State plan sub- 4mitted under paragraph (1) may be submitted as 5part of a consolidated plan under section 6302. 6''(b) ACADEMICSTANDARDS, ACADEMICASSESS- 7MENTS, ANDSTATEACCOUNTABILITY.'-- 8''(1) ACADEMIC STANDARDS.'-- 9''(A) IN GENERAL.'--Each State plan shall 10demonstrate that the State has adopted academic 11content standards and academic achievement 12standards aligned with such content standards 13that comply with the requirements of this para- 14graph. 15''(B) SUBJECTS.'--The State shall have such 16academic standards for mathematics, reading or 17language arts, and science, and may have such 18standards for any other subject determined by 19the State. 20''(C) REQUIREMENTS.'--The standards de- 21scribed in subparagraph (A) shall'-- 22''(i) apply to all public schools and 23public school students in the State; and 24
24 'S 1177 EAH ''(ii) with respect to academic achieve- 1ment standards, include the same knowl- 2edge, skills, and levels of achievement ex- 3pected of all public school students in the 4State. 5''(D) ALTERNATE ACADEMIC ACHIEVEMENT 6STANDARDS.'--Notwithstanding any other provi- 7sion of this paragraph, a State retains the right, 8through a documented and validated standards- 9setting process, to adopt alternate academic 10achievement standards for students with the most 11significant cognitive disabilities, if'-- 12''(i) the determination about whether 13the achievement of an individual student 14should be measured against such standards 15is made separately for each student; and 16''(ii) such standards'-- 17''(I) are aligned with the State 18academic standards required under 19subparagraph (A); 20''(II) promote access to the general 21curriculum; and 22''(III) reflect professional judg- 23ment as to the highest possible stand- 24ards achievable by such students. 25
25 'S 1177 EAH ''(E) ENGLISH LANGUAGE PROFICIENCY 1STANDARDS.'--Each State plan shall describe 2how the State educational agency will establish 3English language proficiency standards that 4are'-- 5''(i) derived from the four recognized 6domains of speaking, listening, reading, and 7writing; and 8''(ii) aligned with the State's academic 9content standards in reading or language 10arts under subparagraph (A). 11''(2) ACADEMIC ASSESSMENTS.'-- 12''(A) IN GENERAL.'--Each State plan shall 13demonstrate that the State educational agency, 14in consultation with local educational agencies, 15has implemented a set of high-quality student 16academic assessments in mathematics, reading 17or language arts, and science. The State retains 18the right to implement such assessments in any 19other subject chosen by the State. 20''(B) REQUIREMENTS.'--Such assessments 21shall'-- 22''(i) in the case of mathematics and 23reading or language arts, be used in deter- 24mining the performance of each local edu- 25
26 'S 1177 EAH cational agency and public school in the 1State in accordance with the State's ac- 2countability system under paragraph (3); 3''(ii) be the same academic assessments 4used to measure the academic achievement 5of all public school students in the State; 6''(iii) be aligned with the State's aca- 7demic standards and provide coherent and 8timely information about student attain- 9ment of such standards; 10''(iv) be used for purposes for which 11such assessments are valid and reliable, be 12of adequate technical quality for each pur- 13pose required under this Act, and be con- 14sistent with relevant, nationally recognized 15professional and technical standards; 16''(v)(I) in the case of mathematics and 17reading or language arts, be administered 18in each of grades 3 through 8 and at least 19once in grades 9 through 12; 20''(II) in the case of science, be adminis- 21tered not less than one time during'-- 22''(aa) grades 3 through 5; 23''(bb) grades 6 through 9; and 24''(cc) grades 10 through 12; and 25
27 'S 1177 EAH ''(III) in the case of any other subject 1chosen by the State, be administered at the 2discretion of the State; 3''(vi) measure individual student aca- 4demic proficiency and, at the State's discre- 5tion, growth; 6''(vii) at the State's discretion'-- 7''(I) be administered through a 8single annual summative assessment; 9or 10''(II) be administered through 11multiple assessments during the course 12of the academic year that result in a 13single summative score that provides 14valid, reliable, and transparent infor- 15mation on student achievement; 16''(viii) include measures that assess 17higher-order thinking skills and under- 18standing; 19''(ix) provide for'-- 20''(I) the participation in such as- 21sessments of all students; 22''(II) the reasonable adaptations 23and accommodations for students with 24disabilities necessary to measure the 25
28 'S 1177 EAH academic achievement of such students 1relative to the State's academic stand- 2ards; and 3''(III) the inclusion of English 4learners, who shall be assessed in a 5valid and reliable manner and pro- 6vided reasonable accommodations, in- 7cluding, to the extent practicable, as- 8sessments in the language and form 9most likely to yield accurate and reli- 10able information on what such students 11know and can do in academic content 12areas, until such students have 13achieved English language proficiency, 14as assessed by the State under sub- 15paragraph (D); 16''(x) notwithstanding clause (ix)(III), 17provide for the assessment of reading or lan- 18guage arts in English for English learners 19who have attended school in the United 20States (not including Puerto Rico) for 3 or 21more consecutive school years, except that a 22local educational agency may, on a case-by- 23case basis, provide for the assessment of 24reading or language arts for each such stu- 25
29 'S 1177 EAH dent in a language other than English for 1a period not to exceed 2 additional consecu- 2tive years if the assessment would be more 3likely to yield accurate and reliable infor- 4mation on what such student knows and 5can do, provided that such student has not 6yet reached a level of English language pro- 7ficiency sufficient to yield valid and reliable 8information on what such student knows 9and can do on reading or language arts as- 10sessments written in English; 11''(xi) produce individual student inter- 12pretive, descriptive, and diagnostic reports 13regarding achievement on such assessments 14that allow parents, teachers, and school 15leaders to understand and address the spe- 16cific academic needs of students, and that 17are provided to parents, teachers, and school 18leaders, as soon as is practicable after the 19assessment is given, in an understandable 20and uniform format, and to the extent prac- 21ticable, in a language that parents can un- 22derstand; 23''(xii) enable results to be disaggregated 24within each State, local educational agency, 25
30 'S 1177 EAH and school by gender, by each major racial 1and ethnic group, by English language pro- 2ficiency status, by migrant status, by status 3as a student with a disability, by status as 4a student with a parent who is an active 5duty member of the Armed Forces (as de- 6fined in section 101(a)(4) of title 10, United 7States Code), by status as a student in fos- 8ter care, and by economically disadvantaged 9status, except that, in the case of a local 10educational agency or a school, such 11disaggregation shall not be required in a 12case in which the number of students in a 13category is insufficient to yield statistically 14reliable information or the results would re- 15veal personally identifiable information 16about an individual student; 17''(xiii) be administered to not less than 1895 percent of all students, and not less than 1995 percent of each subgroup of students de- 20scribed in paragraph (3)(B)(ii)(II), except 21that States shall allow the parent of a stu- 22dent to opt such student out of the assess- 23ments required under this paragraph for 24any reason and shall not include such stu- 25
31 'S 1177 EAH dents in calculating the participation rate 1under this clause; and 2''(xiv) where practicable, be developed 3using the principles of universal design for 4learning as defined in section 103(24) of the 5Higher Education Act of 1965 (20 U.S.C. 61003(24)). 7''(C) ALTERNATE ASSESSMENTS.'--A State 8may provide for alternate assessments aligned 9with the alternate academic standards adopted 10in accordance with paragraph (1)(D), for stu- 11dents with the most significant cognitive disabil- 12ities, if the State'-- 13''(i) establishes and monitors imple- 14mentation of clear and appropriate guide- 15lines for individualized education program 16teams (as defined in section 614(d)(1)(B) of 17the Individuals with Disabilities Education 18Act) to apply when determining, on an an- 19nual and subject-by-subject basis, when a 20child's significant cognitive disability justi- 21fies assessment based on alternate achieve- 22ment standards; 23''(ii) ensures that the parents of such 24students are clearly informed, as part of the 25
32 'S 1177 EAH process for developing the Individualized 1Education Program (as defined in section 2614(d)(1)(A) of the Individuals with Dis- 3abilities Education Act (20 U.S.C. 41414(d)(1)(A)), that'-- 5''(I) their child's academic 6achievement will be measured against 7such alternate standards; and 8''(II) whether participation in 9such assessments precludes the student 10from completing the requirements for a 11regular high school diploma as defined 12in section 6101(36)(A); 13''(iii) ensures that students with the 14most significant cognitive disabilities who 15take an alternate assessment based on alter- 16nate academic achievement standards are 17not precluded from attempting to complete 18the requirements for a regular secondary 19school diploma, as determined by the State; 20''(iv) demonstrates that such students 21are, to the extent practicable, included in 22the general curriculum and that such alter- 23nate assessments are aligned with such cur- 24riculum; 25
33 'S 1177 EAH ''(v) develops, disseminates information 1about, and promotes the use of appropriate 2accommodations to increase the number of 3students with disabilities who are tested 4against academic achievement standards for 5the grade in which a student is enrolled; 6and 7''(vi) ensures that regular and special 8education teachers and other appropriate 9staff know how to administer the alternate 10assessments, including making appropriate 11use of accommodations for students with 12disabilities. 13''(D) ASSESSMENTS OF ENGLISH LANGUAGE 14PROFICIENCY.'-- 15''(i) IN GENERAL.'--Each State plan 16shall demonstrate that local educational 17agencies in the State will provide for an an- 18nual assessment of English proficiency of 19all English learners in the schools served by 20the State educational agency. 21''(ii) ALIGNMENT.'--The assessments 22described in clause (i) shall be aligned with 23the State's English language proficiency 24standards described in paragraph (1)(E). 25
34 'S 1177 EAH ''(E) LANGUAGE ASSESSMENTS.'--Each 1State plan shall identify the languages other 2than English that are present in the partici- 3pating student population and indicate the lan- 4guages for which yearly student academic assess- 5ments are not available and are needed. The 6State shall make every effort to develop such as- 7sessments and may request assistance from the 8Secretary if linguistically accessible academic as- 9sessment measures are needed. Upon request, the 10Secretary shall assist with the identification of 11appropriate academic assessment measures in 12the needed languages, but shall not mandate a 13specific academic assessment or mode of instruc- 14tion. 15''(F) ADAPTIVE ASSESSMENTS.'--A State re- 16tains the right to develop and administer com- 17puter adaptive assessments as the assessments re- 18quired under subparagraph (A). If a State devel- 19ops and administers a computer adaptive assess- 20ment for such purposes, the assessment shall meet 21the requirements of this paragraph, except as fol- 22lows: 23''(i) Notwithstanding subparagraph 24(B)(iii), the assessment'-- 25
35 'S 1177 EAH ''(I) shall measure, at a min- 1imum, each student's academic pro- 2ficiency against the State's academic 3standards for the student's grade level 4and growth toward such standards; 5and 6''(II) if the State chooses, may be 7used to measure the student's level of 8academic proficiency and growth using 9assessment items above or below the 10student's grade level, including for use 11as part of a State's accountability sys- 12tem under paragraph (3). 13''(ii) Subparagraph (B)(ii) shall not be 14interpreted to require that all students tak- 15ing the computer adaptive assessment be ad- 16ministered the same assessment items. 17''(G) LOCALLY DESIGNED ASSESSMENT SYS- 18TEM.'--Nothing in this paragraph shall be con- 19strued to prohibit a local educational agency 20from administering its own assessments in lieu 21of the State-designed academic assessment system 22under this paragraph, if'-- 23''(i) the local educational agency ob- 24tains approval from the State to administer 25
36 'S 1177 EAH a locally designed academic assessment sys- 1tem; 2''(ii) such assessments provide data 3that is comparable among all local edu- 4cational agencies within the State; and 5''(iii) the locally designed academic as- 6sessment system meets the requirements for 7the assessments under subparagraph (B), 8except the requirement under clause (ii) of 9such subparagraph. 10''(3) STATE ACCOUNTABILITY SYSTEMS.'-- 11''(A) IN GENERAL.'--Each State plan shall 12demonstrate that the State has developed and is 13implementing a single, statewide accountability 14system to ensure that all public school students 15graduate from high school prepared for postsec- 16ondary education or the workforce without the 17need for remediation. 18''(B) ELEMENTS.'--Each State account- 19ability system described in subparagraph (A) 20shall at a minimum'-- 21''(i) annually measure the academic 22achievement of all public school students in 23the State against the State's mathematics 24and reading or language arts academic 25
37 'S 1177 EAH standards adopted under paragraph (1), 1which may include measures of student 2growth toward such standards, using the 3mathematics and reading or language arts 4assessments described in paragraph (2)(B) 5and other valid and reliable academic indi- 6cators related to student achievement as 7identified by the State; 8''(ii) annually evaluate and identify 9the academic performance of each public 10school in the State based on'-- 11''(I) student academic achieve- 12ment as measured in accordance with 13clause (i); 14''(II) the overall performance, and 15achievement gaps as compared to all 16students in the school, for economically 17disadvantaged students, students from 18major racial and ethnic groups, stu- 19dents with disabilities, and English 20learners, except that disaggregation of 21data under this subclause shall not be 22required in a case in which the number 23of students in a category is insufficient 24to yield statistically reliable informa- 25
38 'S 1177 EAH tion or the results would reveal person- 1ally identifiable information about an 2individual student; and 3''(III) other measures of school 4success; and 5''(iii) include a system for school im- 6provement for low-performing public schools 7receiving funds under this subpart that'-- 8''(I) implements interventions in 9such schools that are designed to ad- 10dress such schools' weaknesses; and 11''(II) is implemented by local edu- 12cational agencies serving such schools. 13''(C) PROHIBITION.'--Nothing in this section 14shall be construed to permit the Secretary to es- 15tablish any criteria that specifies, defines, or 16prescribes any aspect of a State's accountability 17system developed and implemented in accordance 18with this paragraph. 19''(D) ACCOUNTABILITY FOR CHARTER 20SCHOOLS.'--The accountability provisions under 21this Act shall be overseen for charter schools in 22accordance with State charter school law. 23''(E) RECENTLY ARRIVED ENGLISH LEARN- 24ERS.'--A State may delay inclusion of the aca- 25
39 'S 1177 EAH demic achievement of English learners for pur- 1poses of the evaluation and identification de- 2scribed in subparagraph (B)(ii) if such students 3have attended schools in the 50 states or the Dis- 4trict of Columbia for less than two years (in the 5case of mathematics) and less than three years 6(in the case of reading or language arts), except 7that if the State uses growth calculations as de- 8scribed in clause (i) of such subparagraph in 9such evaluation and identification, the State 10shall include such students in such calculations. 11''(4) REQUIREMENTS.'--Each State plan shall de- 12scribe'-- 13''(A) how the State educational agency will 14assist each local educational agency and each 15public school affected by the State plan to com- 16ply with the requirements of this subpart, in- 17cluding how the State educational agency will 18work with local educational agencies to provide 19technical assistance; and 20''(B) how the State educational agency will 21ensure that the results of the State assessments 22described in paragraph (2), the other indicators 23selected by the State under paragraph (3)(B)(i), 24and the school evaluations described in para- 25
40 'S 1177 EAH graph (3)(B)(ii), will be promptly provided to 1local educational agencies, schools, teachers, and 2parents in a manner that is clear and easy to 3understand, but not later than before the begin- 4ning of the school year following the school year 5in which such assessments, other indicators, or 6evaluations are taken or completed. 7''(5) TIMELINE FOR IMPLEMENTATION.'--Each 8State plan shall describe the process by which the 9State will adopt and implement the State academic 10standards, assessments, and accountability system re- 11quired under this section within 2 years of enactment 12of the Student Success Act. 13''(6) EXISTING STANDARDS.'--Nothing in this 14subpart shall prohibit a State from revising, con- 15sistent with this section, any standard adopted under 16this section before or after the date of the enactment 17of the Student Success Act. 18''(7) EXISTING STATE LAW.'--Nothing in this sec- 19tion shall be construed to alter any State law or regu- 20lation granting parents authority over schools that re- 21peatedly failed to make adequate yearly progress 22under this section, as in effect on the day before the 23date of the enactment of the Student Success Act. 24
41 'S 1177 EAH ''(c) OTHERPROVISIONSTOSUPPORTTEACHING AND 1LEARNING.'--Each State plan shall contain assurances 2that'-- 3''(1) the State will notify local educational agen- 4cies, schools, teachers, parents, and the public of the 5academic standards, academic assessments, and State 6accountability system developed and implemented 7under this section; 8''(2) the State will participate in biennial State 9academic assessments of 4th and 8th grade reading 10and mathematics under the National Assessment of 11Educational Progress carried out under section 12303(b)(2) of the National Assessment of Educational 13Progress Authorization Act if the Secretary pays the 14costs of administering such assessments; 15''(3) the State educational agency will notify 16local educational agencies and the public of the au- 17thority to operate schoolwide programs; 18''(4) the State educational agency will provide 19the least restrictive and burdensome regulations for 20local educational agencies and individual schools par- 21ticipating in a program assisted under this subpart; 22''(5) the State educational agency will encourage 23schools to consolidate funds from other Federal, State, 24
42 'S 1177 EAH and local sources for schoolwide reform in schoolwide 1programs under section 1114; 2''(6) the State educational agency will modify or 3eliminate State fiscal and accounting barriers so that 4schools can easily consolidate funds from other Fed- 5eral, State, and local sources for schoolwide programs 6under section 1114; and 7''(7) the State educational agency will inform 8local educational agencies in the State of the local 9educational agency's authority to transfer funds 10under section 1002 and to obtain waivers under sec- 11tion 6401. 12''(d) PARENTALINVOLVEMENT.'--Each State plan shall 13describe how the State educational agency will support the 14collection and dissemination to local educational agencies 15and schools of effective parental involvement practices. Such 16practices shall'-- 17''(1) be based on the most current research that 18meets the highest professional and technical standards 19on effective parental involvement that fosters achieve- 20ment to high standards for all children; 21''(2) be geared toward lowering barriers to great- 22er participation by parents in school planning, re- 23view, and improvement; and 24
43 'S 1177 EAH ''(3) be coordinated with programs funded under 1subpart 3 of part A of title III. 2''(e) PEERREVIEW ANDSECRETARIALAPPROVAL.'-- 3''(1) ESTABLISHMENT.'--Notwithstanding section 46543, the Secretary shall'-- 5''(A) establish a peer-review process to assist 6in the review of State plans; and 7''(B) appoint individuals to the peer-review 8process who are representative of parents, teach- 9ers, State educational agencies, local educational 10agencies, and private sector employers (including 11representatives of entrepreneurial ventures), and 12who are familiar with educational standards, as- 13sessments, accountability, the needs of low-per- 14forming schools, and other educational needs of 15students, and ensure that 65 percent of such ap- 16pointees are practitioners and 10 percent are 17representatives of private sector employers. 18''(2) APPROVAL.'--The Secretary shall'-- 19''(A) approve a State plan within 120 days 20of its submission; 21''(B) disapprove of the State plan only if 22the Secretary demonstrates how the State plan 23fails to meet the requirements of this section and 24
44 'S 1177 EAH immediately notifies the State of such determina- 1tion and the reasons for such determination; 2''(C) not decline to approve a State's plan 3before'-- 4''(i) offering the State an opportunity 5to revise its plan; 6''(ii) providing technical assistance in 7order to assist the State to meet the require- 8ments of this section; and 9''(iii) providing a hearing; and 10''(D) have the authority to disapprove a 11State plan for not meeting the requirements of 12this subpart, but shall not have the authority to 13require a State, as a condition of approval of the 14State plan, to include in, or delete from, such 15plan one or more specific elements of the State's 16academic standards or State accountability sys- 17tem, or to use specific academic assessments or 18other indicators. 19''(3) STATE REVISIONS.'--A State plan shall be 20revised by the State educational agency if it is nec- 21essary to satisfy the requirements of this section. 22''(4) PUBLIC REVIEW.'--All communications, 23feedback, and notifications under this subsection shall 24be conducted in a manner that is immediately made 25
45 'S 1177 EAH available to the public through the website of the De- 1partment, including'-- 2''(A) peer review guidance; 3''(B) the names of the peer reviewers; 4''(C) State plans submitted or resubmitted 5by a State, including the current approved 6plans; 7''(D) peer review notes; 8''(E) State plan determinations by the Sec- 9retary, including approvals or disapprovals, and 10any deviations from the peer reviewers' rec- 11ommendations with an explanation of the devi- 12ation; and 13''(F) hearings. 14''(5) PROHIBITION.'--The Secretary, and the Sec- 15retary's staff, may not attempt to participate in, or 16influence, the peer review process. No Federal em- 17ployee may participate in, or attempt to influence the 18peer review process, except to respond to questions of 19a technical nature, which shall be publicly reported. 20''(6) RULE OF CONSTRUCTION.'--A State plan 21shall be presumed approved upon submission unless 22the Secretary finds that the plan does not meet one 23of the required elements, but in no case shall a defi- 24
46 'S 1177 EAH ciency be found due to the content of the material sub- 1mitted. 2''(f) DURATION OF THEPLAN.'-- 3''(1) IN GENERAL.'--Each State plan shall'-- 4''(A) remain in effect for the duration of the 5State's participation under this subpart; and 6''(B) be periodically reviewed and revised as 7necessary by the State educational agency to re- 8flect changes in the State's strategies and pro- 9grams under this subpart. 10''(2) ADDITIONAL INFORMATION.'--If a State 11makes significant changes to its State plan, such as 12the adoption of new State academic standards or new 13academic assessments, or adopts a new State account- 14ability system, such information shall be submitted to 15the Secretary under subsection (e)(2) for approval. 16''(g) FAILURETOMEETREQUIREMENTS.'--If a State 17fails to meet any of the requirements of this section then 18the Secretary shall withhold funds for State administration 19under this subpart until the Secretary determines that the 20State has fulfilled those requirements. 21''(h) REPORTS.'-- 22''(1) ANNUAL STATE REPORT CARD.'-- 23''(A) IN GENERAL.'--A State that receives 24assistance under this subpart shall prepare and 25
47 'S 1177 EAH disseminate an annual State report card. Such 1dissemination shall include, at a minimum, pub- 2licly posting the report card on the home page of 3the State educational agency's website. 4''(B) IMPLEMENTATION.'--The State report 5card shall be'-- 6''(i) concise; and 7''(ii) presented in an understandable 8and uniform format that is developed in 9consultation with parents and, to the extent 10practicable, provided in a language that 11parents can understand. 12''(C) REQUIRED INFORMATION.'--The State 13shall include in its annual State report card in- 14formation on'-- 15''(i) the performance of students, in the 16aggregate and disaggregated by the cat- 17egories of students described in subsection 18(b)(2)(B)(xii) (except that such 19disaggregation shall not be required in a 20case in which the number of students in a 21category is insufficient to yield statistically 22reliable information or the results would re- 23veal personally identifiable information 24about an individual student), on the State 25
48 'S 1177 EAH academic assessments described in sub- 1section (b)(2); 2''(ii) the participation rate on such as- 3sessments, in the aggregate and 4disaggregated in accordance with clause (i); 5''(iii) the performance of students, in 6the aggregate and disaggregated in accord- 7ance with clause (i), on other academic in- 8dicators described in subsection (b)(3)(B)(i); 9''(iv) the number, percentage, and dis- 10ability category of students with significant 11cognitive disabilities participating in the 12alternate assessments described in subsection 13(b)(2)(C) (except that such reporting shall 14not be required in a case in which the re- 15sults would reveal personally identifiable 16information about an individual student); 17''(v) for each public high school in the 18State, in the aggregate and disaggregated in 19accordance with clause (i)'-- 20''(I) the four-year adjusted cohort 21graduation rate, and 22''(II) if applicable, the extended- 23year adjusted cohort graduation rate, 24reported separately for students grad- 25
49 'S 1177 EAH uating in 5 years or less, students 1graduating in 6 years or less, and stu- 2dents graduating in 7 or more years; 3''(vi) each public school's evaluation re- 4sults as determined in accordance with sub- 5section (b)(3)(B)(ii); 6''(vii) the acquisition of English pro- 7ficiency by English learners; 8''(viii) if appropriate, as determined 9by the State, the number and percentage of 10teachers in each category established under 11section 2123(1), except that such informa- 12tion shall not reveal personally identifiable 13information about an individual teacher; 14and 15''(ix) the results of the assessments de- 16scribed in subsection (c)(2). 17''(D) OPTIONAL INFORMATION.'--The State 18may include in its annual State report card 19such other information as the State believes will 20best provide parents, students, and other mem- 21bers of the public with information regarding the 22progress of each of the State's public elementary 23schools and public secondary schools, such as the 24number of students enrolled in each public sec- 25
50 'S 1177 EAH ondary school in the State attaining career and 1technical proficiencies, as defined in section 2113(b)(2)(A) of the Carl D. Perkins Career and 3Technical Education Act of 2006, and reported 4by the State in a manner consistent with section 5113(c) of such Act. 6''(E) DATA.'--All personal, private student 7data shall be prohibited from use beyond assess- 8ing student performance as provided for in sub- 9paragraph (C). The State's annual report shall 10only use such data as sufficient to yield statis- 11tically reliable information, and does not reveal 12personally identifiable information about indi- 13vidual students. 14''(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE- 15PORT CARDS.'-- 16''(A) IN GENERAL.'--A local educational 17agency that receives assistance under this sub- 18part shall prepare and disseminate an annual 19local educational agency report card. 20''(B) MINIMUM REQUIREMENTS.'--The State 21educational agency shall ensure that each local 22educational agency collects appropriate data and 23includes in the local educational agency's annual 24report the information described in paragraph 25
51 'S 1177 EAH (1)(C) as applied to the local educational agency 1and each school served by the local educational 2agency, and'-- 3''(i) in the case of a local educational 4agency, information that shows how stu- 5dents served by the local educational agency 6achieved on the statewide academic assess- 7ment and other academic indicators adopt- 8ed in accordance with subsection 9(b)(3)(B)(i) compared to students in the 10State as a whole; and 11''(ii) in the case of a school, the school's 12evaluation under subsection (b)(3)(B)(ii). 13''(C) OTHER INFORMATION.'--A local edu- 14cational agency may include in its annual local 15educational agency report card any other appro- 16priate information, whether or not such informa- 17tion is included in the annual State report card. 18''(D) DATA.'--A local educational agency or 19school shall only include in its annual local edu- 20cational agency report card data that are suffi- 21cient to yield statistically reliable information, 22as determined by the State, and that do not re- 23veal personally identifiable information about an 24individual student. 25
52 'S 1177 EAH ''(E) PUBLIC DISSEMINATION.'--The local 1educational agency shall publicly disseminate the 2information described in this paragraph to all 3schools served by the local educational agency 4and to all parents of students attending those 5schools in an understandable and uniform for- 6mat, and, to the extent practicable, in a lan- 7guage that parents can understand, and make 8the information widely available through public 9means, such as posting on the Internet, distribu- 10tion to the media, and distribution through pub- 11lic agencies, except that if a local educational 12agency issues a report card for all students, the 13local educational agency may include the infor- 14mation under this section as part of such report. 15''(3) PREEXISTING REPORT CARDS.'--A State 16educational agency or local educational agency may 17use public report cards on the performance of stu- 18dents, schools, local educational agencies, or the State, 19that were in effect prior to the enactment of the Stu- 20dent Success Act for the purpose of this subsection, so 21long as any such report card is modified, as may be 22needed, to contain the information required by this 23subsection, and protects the privacy of individual stu- 24dents. 25
53 'S 1177 EAH ''(4) PARENTS RIGHT-TO-KNOW.'-- 1''(A) ACHIEVEMENT INFORMATION.'--At the 2beginning of each school year, a school that re- 3ceives funds under this subpart shall provide to 4each individual parent information on the level 5of achievement of the parent's child in each of 6the State academic assessments and other aca- 7demic indicators adopted in accordance with this 8subpart. 9''(B) FORMAT.'--The notice and information 10provided to parents under this paragraph shall 11be in an understandable and uniform format 12and, to the extent practicable, provided in a lan- 13guage that the parents can understand. 14''(i) PRIVACY.'--Information collected under this sec- 15tion shall be collected and disseminated in a manner that 16protects the privacy of individuals consistent with section 17444 of the General Education Provisions Act and this Act. 18''(j) VOLUNTARYPARTNERSHIPS.'--A State retains the 19right to enter into a voluntary partnership with another 20State to develop and implement the academic standards 21and assessments required under this section, except that the 22Secretary shall not, either directly or indirectly, attempt 23to influence, incentivize, or coerce State'-- 24
54 'S 1177 EAH ''(1) adoption of the Common Core State Stand- 1ards developed under the Common Core State Stand- 2ards Initiative, any other academic standards com- 3mon to a significant number of States, or assessments 4tied to such standards; or 5''(2) participation in any such partnerships. 6''(k) CONSTRUCTION.'--Nothing in this part shall be 7construed to prescribe the use of the academic assessments 8described in this part for student promotion or graduation 9purposes. 10''(l) SPECIALRULEWITHRESPECTTOBUREAU- 11FUNDEDSCHOOLS.'--In determining the assessments to be 12used by each school operated or funded by the Bureau of 13Indian Education receiving funds under this subpart, the 14following shall apply: 15''(1) Each such school that is accredited by the 16State in which it is operating shall use the assess- 17ments and other academic indicators the State has 18developed and implemented to meet the requirements 19of this section, or such other appropriate assessment 20and academic indicators as approved by the Sec- 21retary of the Interior. 22''(2) Each such school that is accredited by a re- 23gional accrediting organization shall adopt an appro- 24priate assessment and other academic indicators, in 25
55 'S 1177 EAH consultation with and with the approval of, the Sec- 1retary of the Interior and consistent with assessments 2and academic indicators adopted by other schools in 3the same State or region, that meet the requirements 4of this section. 5''(3) Each such school that is accredited by a 6tribal accrediting agency or tribal division of edu- 7cation shall use an assessment and other academic in- 8dicators developed by such agency or division, except 9that the Secretary of the Interior shall ensure that 10such assessment and academic indicators meet the re- 11quirements of this section.''. 12SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 13Section 1112 (20 U.S.C. 6312) is amended to read as 14follows: 15''SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 16''(a) PLANSREQUIRED.'-- 17''(1) SUBGRANTS.'--A local educational agency 18may receive a subgrant under this subpart for any 19fiscal year only if such agency has on file with the 20State educational agency a plan, approved by the 21State educational agency, that is coordinated with 22other programs under this Act, the Individuals with 23Disabilities Education Act, the Carl D. Perkins Ca- 24reer and Technical Education Act of 2006, the 25
56 'S 1177 EAH McKinney-Vento Homeless Assistance Act, and other 1Acts, as appropriate. 2''(2) CONSOLIDATED APPLICATION.'--The plan 3may be submitted as part of a consolidated applica- 4tion under section 6305. 5''(b) PLANPROVISIONS.'--Each local educational agen- 6cy plan shall describe'-- 7''(1) how the local educational agency will mon- 8itor, in addition to the State assessments described in 9section 1111(b)(2), students' progress in meeting the 10State's academic standards; 11''(2) how the local educational agency will iden- 12tify quickly and effectively those students who may be 13at risk of failing to meet the State's academic stand- 14ards; 15''(3) how the local educational agency will pro- 16vide additional educational assistance to individual 17students in need of additional help in meeting the 18State's academic standards; 19''(4) how the local educational agency will im- 20plement the school improvement system described in 21section 1111(b)(3)(B)(iii) for any of the agency's 22schools identified under such section; 23
57 'S 1177 EAH ''(5) how the local educational agency will co- 1ordinate programs under this subpart with other pro- 2grams under this Act and other Acts, as appropriate; 3''(6) the poverty criteria that will be used to se- 4lect school attendance areas under section 1113; 5''(7) how teachers, in consultation with parents, 6administrators, and specialized instructional support 7personnel, in targeted assistance schools under section 81115, will identify the eligible children most in need 9of services under this subpart; 10''(8) in general, the nature of the programs to be 11conducted by the local educational agency's schools 12under sections 1114 and 1115, and, where appro- 13priate, educational services outside such schools for 14children living in local institutions for neglected and 15delinquent children, and for neglected and delinquent 16children in community day school programs; 17''(9) how the local educational agency will ensure 18that migratory children who are eligible to receive 19services under this subpart are selected to receive such 20services on the same basis as other children who are 21selected to receive services under this subpart; 22''(10) the services the local educational agency 23will provide homeless children, including services pro- 24
58 'S 1177 EAH vided with funds reserved under section 11113(c)(3)(A); 2''(11) the strategy the local educational agency 3will use to implement effective parental involvement 4under section 1118; 5''(12) if appropriate, how the local educational 6agency will use funds under this subpart to support 7preschool programs for children, particularly children 8participating in a Head Start program, which serv- 9ices may be provided directly by the local educational 10agency or through a subcontract with the local Head 11Start agency designated by the Secretary of Health 12and Human Services under section 641 of the Head 13Start Act, or another comparable early childhood de- 14velopment program; 15''(13) how the local educational agency, through 16incentives for voluntary transfers, the provision of 17professional development, recruitment programs, in- 18centive pay, performance pay, or other effective strate- 19gies, will address disparities in the rates of low-in- 20come and minority students and other students being 21taught by ineffective teachers; 22''(14) if appropriate, how the local educational 23agency will use funds under this subpart to support 24programs that coordinate and integrate'-- 25
59 'S 1177 EAH ''(A) career and technical education aligned 1with State technical standards that promote 2skills attainment important to in-demand occu- 3pations or industries in the State and the State's 4academic standards under section 1111(b)(1); 5and 6''(B) work-based learning opportunities that 7provide students in-depth interaction with in- 8dustry professionals for the purposes of gaining 9experience and, if appropriate, academic credit; 10''(15) if appropriate, how the local educational 11agency will use funds under this subpart to support 12dual enrollment programs, early college high schools, 13and Advanced Placement or International Bacca- 14laureate programs; 15''(16) if appropriate, how the local educational 16agency will use funds under this subpart to train 17school counselors to effectively provide students rel- 18evant information regarding their individual career 19and postsecondary education goals; and 20''(17) if appropriate, how the local educational 21agency will use funds under this subpart to support 22activities that coordinate and integrate before-school 23and after-school programs, and summer school pro- 24grams. 25
60 'S 1177 EAH ''(c) ASSURANCES.'--Each local educational agency 1plan shall provide assurances that the local educational 2agency will'-- 3''(1) participate, if selected, in biennial State 4academic assessments of 4th and 8th grade reading 5and mathematics under the National Assessment of 6Educational Progress carried out under section 7303(b)(2) of the National Assessment of Educational 8Progress Authorization Act; 9''(2) inform schools of schoolwide program au- 10thority and the ability to consolidate funds from Fed- 11eral, State, and local sources; 12''(3) provide technical assistance to schoolwide 13programs; 14''(4) provide services to eligible children attend- 15ing private elementary and secondary schools in ac- 16cordance with section 1120, and timely and meaning- 17ful consultation with private school officials or rep- 18resentatives regarding such services; 19''(5) in the case of a local educational agency 20that chooses to use funds under this subpart to pro- 21vide early childhood development services to low-in- 22come children below the age of compulsory school at- 23tendance, ensure that such services comply with the 24
61 'S 1177 EAH performance standards established under section 1641A(a) of the Head Start Act; 2''(6) inform eligible schools of the local edu- 3cational agency's authority to request waivers on the 4school's behalf under title VI; and 5''(7) ensure that the results of the academic as- 6sessments required under section 1111(b)(2) will be 7provided to parents and teachers as soon as is prac- 8ticably possible after the test is taken, in an under- 9standable and uniform format and, to the extent 10practicable, provided in a language that the parents 11can understand. 12''(d) SPECIALRULE.'--In carrying out subsection 13(c)(5), the Secretary shall'-- 14''(1) consult with the Secretary of Health and 15Human Services and shall establish procedures (tak- 16ing into consideration existing State and local laws, 17and local teacher contracts) to assist local educational 18agencies to comply with such subparagraph; and 19''(2) disseminate to local educational agencies the 20education performance standards in effect under sec- 21tion 641A(a) of the Head Start Act, and such agen- 22cies affected by such subsection shall plan for the im- 23plementation of such subsection (taking into consider- 24
62 'S 1177 EAH ation existing State and local laws, and local teacher 1contracts). 2''(e) PLANDEVELOPMENT ANDDURATION.'-- 3''(1) CONSULTATION.'--Each local educational 4agency plan shall be developed in consultation with 5teachers, school leaders, public charter school rep- 6resentatives, administrators, and other appropriate 7school personnel, and with parents of children in 8schools served under this subpart. 9''(2) DURATION.'--Each such plan shall be sub- 10mitted for the first year for which this part is in ef- 11fect following the date of the enactment of this Act 12and shall remain in effect for the duration of the 13agency's participation under this subpart. 14''(3) REVIEW.'--Each local educational agency 15shall periodically review and, as necessary, revise its 16plan. 17''(f) STATEAPPROVAL.'-- 18''(1) IN GENERAL.'--Each local educational agen- 19cy plan shall be filed according to a schedule estab- 20lished by the State educational agency. 21''(2) APPROVAL.'--The State educational agency 22shall approve a local educational agency's plan only 23if the State educational agency determines that the 24local educational agency's plan'-- 25
63 'S 1177 EAH ''(A) enables schools served under this sub- 1part to substantially help children served under 2this subpart to meet the State's academic stand- 3ards described in section 1111(b)(1); and 4''(B) meets the requirements of this section. 5''(3) REVIEW.'--The State educational agency 6shall review the local educational agency's plan to de- 7termine if such agency's activities are in accordance 8with section 1118. 9''(g) PARENTALNOTIFICATION.'-- 10''(1) IN GENERAL.'--Each local educational agen- 11cy using funds under this subpart and subpart 4 to 12provide a language instruction educational program 13shall, not later than 30 days after the beginning of 14the school year, inform parents of an English learner 15identified for participation, or participating in, such 16a program of'-- 17''(A) the reasons for the identification of 18their child as an English learner and in need of 19placement in a language instruction educational 20program; 21''(B) the child's level of English proficiency, 22how such level was assessed, and the status of the 23child's academic achievement; 24
64 'S 1177 EAH ''(C) the methods of instruction used in the 1program in which their child is, or will be par- 2ticipating, and the methods of instruction used 3in other available programs, including how such 4programs differ in content, instructional goals, 5and the use of English and a native language in 6instruction; 7''(D) how the program in which their child 8is, or will be participating, will meet the edu- 9cational strengths and needs of their child; 10''(E) how such program will specifically 11help their child learn English, and meet age-ap- 12propriate academic achievement standards for 13grade promotion and graduation; 14''(F) the specific exit requirements for the 15program, including the expected rate of transi- 16tion from such program into classrooms that are 17not tailored for English learners, and the ex- 18pected rate of graduation from high school for 19such program if funds under this subpart are 20used for children in secondary schools; 21''(G) in the case of a child with a disability, 22how such program meets the objectives of the in- 23dividualized education program of the child; and 24
65 'S 1177 EAH ''(H) information pertaining to parental 1rights that includes written guidance'-- 2''(i) detailing'-- 3''(I) the right that parents have to 4have their child immediately removed 5from such program upon their request; 6and 7''(II) the options that parents 8have to decline to enroll their child in 9such program or to choose another pro- 10gram or method of instruction, if 11available; and 12''(ii) assisting parents in selecting 13among various programs and methods of 14instruction, if more than one program or 15method is offered by the eligible entity. 16''(2) NOTICE.'--The notice and information pro- 17vided in paragraph (1) to parents of a child identi- 18fied for participation in a language instruction edu- 19cational program for English learners shall be in an 20understandable and uniform format and, to the extent 21practicable, provided in a language that the parents 22can understand. 23''(3) SPECIAL RULE APPLICABLE DURING THE 24SCHOOL YEAR.'--For those children who have not been 25
66 'S 1177 EAH identified as English learners prior to the beginning 1of the school year the local educational agency shall 2notify parents within the first 2 weeks of the child 3being placed in a language instruction educational 4program consistent with paragraphs (1) and (2). 5''(4) PARENTAL PARTICIPATION.'--Each local 6educational agency receiving funds under this subpart 7shall implement an effective means of outreach to par- 8ents of English learners to inform the parents regard- 9ing how the parents can be involved in the education 10of their children, and be active participants in assist- 11ing their children to attain English proficiency, 12achieve at high levels in core academic subjects, and 13meet the State's academic standards expected of all 14students, including holding, and sending notice of op- 15portunities for, regular meetings for the purpose of 16formulating and responding to recommendations from 17parents of students assisted under this subpart. 18''(5) BASIS FOR ADMISSION OR EXCLUSION.'--A 19student shall not be admitted to, or excluded from, 20any federally assisted education program on the basis 21of a surname or language-minority status.''. 22SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 23Section 1113 (20 U.S.C. 6313) is amended'-- 24
67 'S 1177 EAH (1) by striking ''part'' each place it appears and 1inserting ''subpart''; and 2(2) in subsection (c)(4)'-- 3(A) by striking ''subpart 2'' and inserting 4''chapter B''; and 5(B) by striking ''school improvement, cor- 6rective action, and restructuring under section 71116(b)'' and inserting ''school improvement 8under section 1111(b)(3)(B)(iii)''. 9SEC. 115. SCHOOLWIDE PROGRAMS. 10Section 1114 (20 U.S.C. 6314) is amended'-- 11(1) in subsection (a)'-- 12(A) in paragraph (1)'-- 13(i) by striking ''part'' and inserting 14''subpart''; and 15(ii) by striking ''in which'' through 16''such families''; 17(B) in paragraph (2)'-- 18(i) in subparagraph (A)(i), by striking 19''part'' and inserting ''subpart''; and 20(ii) in subparagraph (B)'-- 21(I) by striking ''children with 22limited English proficiency'' and in- 23serting ''English learners''; and 24
68 'S 1177 EAH (II) by striking ''part'' and in- 1serting ''subpart''; 2(C) in paragraph (3)(B), by striking 3''maintenance of effort,'' after ''private school 4children,''; and 5(D) by striking paragraph (4); 6(2) in subsection (b)'-- 7(A) in paragraph (1)'-- 8(i) in subparagraph (A)'-- 9(I) by striking ''(including'' and 10all that follows through ''1309(2))''; 11and 12(II) by striking ''content stand- 13ards and the State student academic 14achievement standards'' and inserting 15''standards''; 16(ii) in subparagraph (B)'-- 17(I) in clause (i), by striking ''pro- 18ficient'' and all that follows through 19''section 1111(b)(1)(D)'' and inserting 20''academic standards described in sec- 21tion 1111(b)(1)''; 22(II) in clause (ii), in the matter 23preceding subclause (I), by striking 24
69 'S 1177 EAH ''based on scientifically based research'' 1and inserting ''evidence-based''; 2(III) in clause (iii)'-- 3(aa) in subclause (I)'-- 4(AA) by striking ''stu- 5dent academic achievement 6standards'' and inserting 7''academic standards''; and 8(BB) by striking 9''schoolwide program,'' and 10all that follows through 11''technical education pro- 12grams; and'' and inserting 13''schoolwide programs; and''; 14and 15(bb) in subclause (II), by 16striking ''and''; 17(IV) in clause (iv)'-- 18(aa) by striking ''the State 19and local improvement plans'' 20and inserting ''school improve- 21ment strategies''; and 22(bb) by striking the period 23and inserting ''; and''; and 24
70 'S 1177 EAH (V) by adding at the end the fol- 1lowing new clause: 2''(v) may be delivered by nonprofit or 3for-profit external providers with expertise 4in using evidence-based or other effective 5strategies to improve student achievement.''; 6(iii) in subparagraph (C), by striking 7''highly qualified'' and inserting ''effective''; 8(iv) in subparagraph (D)'-- 9(I) by striking ''In accordance 10with section 1119 and subsection 11(a)(4), high-quality'' and inserting 12''High-quality''; 13(II) by striking ''pupil services'' 14and inserting ''specialized instruc- 15tional support services''; and 16(III) by striking ''student aca- 17demic achievement'' and inserting 18''academic''; 19(v) in subparagraph (E), by striking 20''high-quality highly qualified'' and insert- 21ing ''effective''; 22(vi) in subparagraph (G), by striking 23'', such as Head Start, Even Start, Early 24
71 'S 1177 EAH Reading First, or a State-run preschool 1program,''; 2(vii) in subparagraph (H), by striking 3''section 1111(b)(3)'' and inserting ''section 41111(b)(2)''; 5(viii) in subparagraph (I), by striking 6''proficient or advanced levels of academic 7achievement standards'' and inserting 8''State academic standards''; and 9(ix) in subparagraph (J), by striking 10''vocational'' and inserting ''career''; and 11(B) in paragraph (2)'-- 12(i) in subparagraph (A)'-- 13(I) in the matter preceding clause 14(i)'-- 15(aa) by striking ''first de- 16velop'' and all that follows 17through ''2001)'' and inserting 18''have in place''; and 19(bb) by striking ''and its 20school support team or other tech- 21nical assistance provider under 22section 1117''; 23(II) in clause (ii), by striking 24''part'' and inserting ''subpart''; and 25
72 'S 1177 EAH (III) in clause (iv), by striking 1''section 1111(b)(3)'' and inserting 2''section 1111(b)(2)''; and 3(ii) in subparagraph (B)'-- 4(I) in clause (i)'-- 5(aa) in subclause (I), by 6striking '', after considering the 7recommendation of the technical 8assistance providers under section 91117,''; and 10(bb) in subclause (II), by 11striking ''No Child Left Behind 12Act of 2001'' and inserting ''Stu- 13dent Success Act''; 14(II) in clause (ii)'-- 15(aa) by striking ''(including 16administrators of programs de- 17scribed in other parts of this 18title)''; and 19(bb) by striking ''pupil serv- 20ices'' and inserting ''specialized 21instructional support services''; 22(III) in clause (iii), by striking 23''part'' and inserting ''subpart''; and 24
73 'S 1177 EAH (IV) in clause (v), by striking 1''Reading First, Early Reading First, 2Even Start,''; and 3(3) in subsection (c)'-- 4(A) by striking ''part'' and inserting ''sub- 5part''; and 6(B) by striking ''6,'' and all that follows 7through the period at the end and inserting ''6.''. 8SEC. 116. TARGETED ASSISTANCE SCHOOLS. 9Section 1115 (20 U.S.C. 6315) is amended'-- 10(1) in subsection (a)'-- 11(A) by striking ''are ineligible for a 12schoolwide program under section 1114, or that''; 13(B) by striking ''operate such'' and insert- 14ing ''operate''; and 15(C) by striking ''part'' and inserting ''sub- 16part''; 17(2) in subsection (b)'-- 18(A) in paragraph (1)(B), by striking ''chal- 19lenging student academic achievement'' and in- 20serting ''academic''; 21(B) in paragraph (2)'-- 22(i) in subparagraph (A)'-- 23
74 'S 1177 EAH (I) by striking ''limited English 1proficient children'' and inserting 2''English learners''; and 3(II) by striking ''part'' each place 4it appears and inserting ''subpart''; 5(ii) in subparagraph (B)'-- 6(I) in the heading, by striking '', 7EVEN START, OR EARLY READING 8FIRST''; 9(II) by striking '', Even Start, or 10Early Reading First''; and 11(III) by striking ''part'' and in- 12serting ''subpart''; 13(iii) in subparagraph (C)'-- 14(I) by amending the heading to 15read as follows: ''SUBPART 3 CHIL- 16DREN.'--''; 17(II) by striking ''part C'' and in- 18serting ''subpart 3''; and 19(III) by striking ''part'' and in- 20serting ''subpart''; and 21(iv) in subparagraphs (D) and (E), by 22striking ''part'' each place it appears and 23inserting ''subpart''; and 24
75 'S 1177 EAH (C) in paragraph (3), by striking ''part'' 1and inserting ''subpart''; 2(3) in subsection (c)'-- 3(A) in paragraph (1)'-- 4(i) in the matter preceding subpara- 5graph (A)'-- 6(I) by striking ''part'' and insert- 7ing ''subpart''; and 8(II) by striking ''challenging stu- 9dent academic achievement'' and in- 10serting ''academic''; 11(ii) in subparagraph (A)'-- 12(I) by striking ''part'' and insert- 13ing ''subpart''; and 14(II) by striking ''challenging stu- 15dent academic achievement'' and in- 16serting ''academic''; 17(iii) in subparagraph (B), by striking 18''part'' and inserting ''subpart''; 19(iv) in subparagraph (C)'-- 20(I) in the matter preceding clause 21(i), by striking ''based on scientifically 22based research'' and inserting ''evi- 23dence-based''; and 24
76 'S 1177 EAH (II) in clause (iii), by striking 1''part'' and inserting ''subpart''; 2(v) in subparagraph (D), by striking 3''such as Head Start, Even Start, Early 4Reading First or State-run preschool pro- 5grams''; 6(vi) in subparagraph (E), by striking 7''highly qualified'' and inserting ''effective''; 8(vii) in subparagraph (F)'-- 9(I) by striking ''in accordance 10with subsection (e)(3) and section 111119,''; 12(II) by striking ''part'' and in- 13serting ''subpart''; and 14(III) by striking ''pupil services 15personnel'' and inserting ''specialized 16instructional support personnel''; and 17(viii) in subparagraph (H), by striking 18''vocational'' and inserting ''career''; and 19(B) in paragraph (2)'-- 20(i) in the matter preceding subpara- 21graph (A), by striking ''proficient and ad- 22vanced levels of achievement'' and inserting 23''academic standards''; 24
77 'S 1177 EAH (ii) in subparagraph (A), by striking 1''part'' and inserting ''subpart''; and 2(iii) in subparagraph (B), by striking 3''challenging student academic achievement'' 4and inserting ''academic''; 5(4) in subsection (d), in the matter preceding 6paragraph (1), by striking ''part'' each place it ap- 7pears and inserting ''subpart''; 8(5) in subsection (e)'-- 9(A) in paragraph (2)(B)'-- 10(i) in the matter preceding clause (i), 11by striking ''part'' and inserting ''subpart''; 12and 13(ii) in clause (iii), by striking ''pupil 14services'' and inserting ''specialized instruc- 15tional support services''; and 16(B) by striking paragraph (3); and 17(6) by adding at the end the following new sub- 18section: 19''(f) DELIVERY OFSERVICES.'--The elements of a tar- 20geted assistance program under this section may be deliv- 21ered by nonprofit or for-profit external providers with ex- 22pertise in using evidence-based or other effective strategies 23to improve student achievement.''. 24
78 'S 1177 EAH SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU-1CATIONAL AGENCY AND SCHOOL IMPROVE-2MENT; SCHOOL SUPPORT AND RECOGNITION. 3The Act is amended by repealing sections 1116 and 41117 (20 U.S.C. 6316; 6317). 5SEC. 118. PARENTAL INVOLVEMENT. 6Section 1118 (20 U.S.C. 6318) is amended'-- 7(1) by striking ''part'' each place such term ap- 8pears and inserting ''subpart''; 9(2) in subsection (a)'-- 10(A) in paragraph (2)'-- 11(i) in subparagraph (A), by striking '', 12and'' and all that follows through ''1116''; 13and 14(ii) in subparagraph (D), by striking 15'', such as'' and all that follows through 16''preschool programs''; and 17(B) in paragraph (3)(A), by striking ''sub- 18part 2 of this part'' each place it appears and 19inserting ''chapter B of this subpart''; 20(3) by amending subsection (c)(4)(B) to read as 21follows: 22''(B) a description and explanation of the 23curriculum in use at the school and the forms of 24academic assessment used to measure student 25progress; and''; 26
79 'S 1177 EAH (4) in subsection (d)(1), by striking ''student 1academic achievement'' and inserting ''academic''; 2(5) in subsection (e)'-- 3(A) in paragraph (1), by striking ''State's 4academic content standards and State student 5academic achievement standards'' and inserting 6''State's academic standards''; 7(B) in paragraph (3)'-- 8(i) by striking ''pupil services per- 9sonnel,'' and inserting ''specialized instruc- 10tional support personnel,''; and 11(ii) by striking ''principals,'' and in- 12serting ''school leaders,''; and 13(C) in paragraph (4), by striking ''Head 14Start, Reading First, Early Reading First, Even 15Start, the Home Instruction Programs for Pre- 16school Youngsters, the Parents as Teachers Pro- 17gram, and public preschool and other'' and in- 18serting ''other Federal, State, and local''; and 19(6) by amending subsection (g) to read as fol- 20lows: 21''(g) FAMILYENGAGEMENT INEDUCATIONPRO- 22GRAMS.'--In a State operating a program under subpart 233 of part A of title III, each local educational agency or 24school that receives assistance under this subpart shall in- 25
80 'S 1177 EAH form such parents and organizations of the existence of such 1programs.''. 2SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS. 3Section 1119 of the Elementary and Secondary Edu- 4cation Act of 1965 (20 U.S.C. 6319) is amended'-- 5(1) by striking subsections (a), (b), (d), (i), (j), 6(k), and (l); 7(2) by redesignating subsection (c) as subsection 8(a); 9(3) by redesignating subsections (e) through (h) 10as subsections (b) through (e), respectively; 11(4) in subsection (a), as redesignated by para- 12graph (2), by striking ''hired after the date of enact- 13ment of the No Child Left Behind Act of 2001 and''; 14(5) in subsection (b), as redesignated by para- 15graph (3), by striking ''Subsections (c) and (d)'' and 16inserting ''Subsection (a)''; and 17(6) in the section heading, by striking ''TEACH- 18ERS AND''. 19SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-20VATE SCHOOLS. 21Section 1120 (20 U.S.C. 6320) is amended to read as 22follows: 23
81 'S 1177 EAH ''SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 1PRIVATE SCHOOLS. 2''(a) GENERALREQUIREMENT.'-- 3''(1) IN GENERAL.'--To the extent consistent with 4the number of eligible children identified under sec- 5tion 1115(b) in the school district served by a local 6educational agency who are enrolled in private ele- 7mentary schools and secondary schools, a local edu- 8cational agency shall'-- 9''(A) after timely and meaningful consulta- 10tion with appropriate private school officials or 11representatives, provide such service, on an equi- 12table basis and individually or in combination, 13as requested by the officials or representatives to 14best meet the needs of such children, special edu- 15cational services, instructional services (includ- 16ing evaluations to determine students' progress 17in their academic needs), counseling, mentoring, 18one-on-one tutoring, or other benefits under this 19subpart (such as dual enrollment, educational 20radio and television, computer equipment and 21materials, other technology, and mobile edu- 22cational services and equipment) that address 23their needs; and 24''(B) ensure that teachers and families of 25the children participate, on an equitable basis, 26
82 'S 1177 EAH in services and activities developed pursuant to 1this subpart. 2''(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.'-- 3Such educational services or other benefits, including 4materials and equipment, shall be secular, neutral, 5and nonideological. 6''(3) EQUITY.'-- 7''(A) IN GENERAL.'--Educational services 8and other benefits for such private school chil- 9dren shall be equitable in comparison to services 10and other benefits for public school children par- 11ticipating under this subpart, and shall be pro- 12vided in a timely manner. 13''(B) OMBUDSMAN.'--To help ensure such eq- 14uity for such private school children, teachers, 15and other educational personnel, the State edu- 16cational agency involved shall designate an om- 17budsman to monitor and enforce the require- 18ments of this subpart. 19''(4) EXPENDITURES.'-- 20''(A) IN GENERAL.'--Expenditures for edu- 21cational services and other benefits to eligible 22private school children shall be equal to the ex- 23penditures for participating public school chil- 24dren, taking into account the number, and edu- 25
83 'S 1177 EAH cational needs, of the children to be served. The 1share of funds shall be determined based on the 2total allocation received by the local educational 3agency prior to any allowable expenditures au- 4thorized under this title. 5''(B) OBLIGATION OF FUNDS.'--Funds allo- 6cated to a local educational agency for edu- 7cational services and other benefits to eligible 8private school children shall'-- 9''(i) be obligated in the fiscal year for 10which the funds are received by the agency; 11and 12''(ii) with respect to any such funds 13that cannot be so obligated, be used to serve 14such children in the following fiscal year. 15''(C) NOTICE OF ALLOCATION.'--Each State 16educational agency shall'-- 17''(i) determine, in a timely manner, 18the proportion of funds to be allocated to 19each local educational agency in the State 20for educational services and other benefits 21under this subpart to eligible private school 22children; and 23''(ii) provide notice, simultaneously, to 24each such local educational agency and the 25
84 'S 1177 EAH appropriate private school officials or their 1representatives in the State of such alloca- 2tion of funds. 3''(5) PROVISION OF SERVICES.'--The local edu- 4cational agency or, in a case described in subsection 5(b)(6)(C), the State educational agency involved, may 6provide services under this section directly or through 7contracts with public or private agencies, organiza- 8tions, and institutions. 9''(b) CONSULTATION.'-- 10''(1) IN GENERAL.'--To ensure timely and mean- 11ingful consultation, a local educational agency shall 12consult with appropriate private school officials or 13representatives during the design and development of 14such agency's programs under this subpart in order 15to reach an agreement between the agency and the of- 16ficials or representatives about equitable and effective 17programs for eligible private school children, the re- 18sults of which shall be transmitted to the designated 19ombudsmen under section 1120(a)(3)(B). Such proc- 20ess shall include consultation on issues such as'-- 21''(A) how the children's needs will be identi- 22fied; 23''(B) what services will be offered; 24
85 'S 1177 EAH ''(C) how, where, and by whom the services 1will be provided; 2''(D) how the services will be academically 3assessed and how the results of that assessment 4will be used to improve those services; 5''(E) the size and scope of the equitable serv- 6ices to be provided to the eligible private school 7children, and the proportion of funds that is al- 8located under subsection (a)(4)(A) for such serv- 9ices, how that proportion of funds is determined 10under such subsection, and an itemization of the 11costs of the services to be provided; 12''(F) the method or sources of data that are 13used under subsection (c) and section 1113(c)(1) 14to determine the number of children from low-in- 15come families in participating school attendance 16areas who attend private schools; 17''(G) how and when the agency will make 18decisions about the delivery of services to such 19children, including a thorough consideration and 20analysis of the views of the private school offi- 21cials or representatives on the provision of serv- 22ices through a contract with potential third- 23party providers; 24
86 'S 1177 EAH ''(H) how, if the agency disagrees with the 1views of the private school officials or representa- 2tives on the provision of services through a con- 3tract, the local educational agency will provide 4in writing to such private school officials an 5analysis of the reasons why the local educational 6agency has chosen not to use a contractor; 7''(I) whether the agency will provide serv- 8ices under this section directly or through con- 9tracts with public and private agencies, organi- 10zations, and institutions; 11''(J) whether to provide equitable services to 12eligible private school children'-- 13''(i) by creating a pool or pools of 14funds with all of the funds allocated under 15subsection (a)(4) based on all the children 16from low-income families who attend pri- 17vate schools in a participating school at- 18tendance area of the agency from which the 19local educational agency will provide such 20services to all such children; or 21''(ii) by providing such services to eli- 22gible children in each private school in the 23agency's participating school attendance 24area with the proportion of funds allocated 25
87 'S 1177 EAH under subsection (a)(4) based on the number 1of children from low-income families who 2attend such school; 3''(K) at what time and where services will 4be provided; and 5''(L) whether to consolidate and use funds 6under this subpart to provide schoolwide pro- 7grams for a private school. 8''(2) DISAGREEMENT.'--If a local educational 9agency disagrees with the views of private school offi- 10cials or representatives with respect to an issue de- 11scribed in paragraph (1), the local educational agency 12shall provide in writing to such private school offi- 13cials an analysis of the reasons why the local edu- 14cational agency has chosen not to adopt the course of 15action requested by such officials. 16''(3) TIMING.'--Such consultation shall include 17meetings of agency and private school officials or rep- 18resentatives and shall occur before the local edu- 19cational agency makes any decision that affects the 20opportunities of eligible private school children to 21participate in programs under this subpart. Such 22meetings shall continue throughout implementation 23and assessment of services provided under this section. 24
88 'S 1177 EAH ''(4) DISCUSSION.'--Such consultation shall in- 1clude a discussion of service delivery mechanisms a 2local educational agency can use to provide equitable 3services to eligible private school children. 4''(5) DOCUMENTATION.'--Each local educational 5agency shall maintain in the agency's records and 6provide to the State educational agency involved a 7written affirmation signed by officials or representa- 8tives of each participating private school that the 9meaningful consultation required by this section has 10occurred. The written affirmation shall provide the 11option for private school officials or representatives to 12indicate that timely and meaningful consultation has 13not occurred or that the program design is not equi- 14table with respect to eligible private school children. 15If such officials or representatives do not provide such 16affirmation within a reasonable period of time, the 17local educational agency shall forward the documenta- 18tion that such consultation has, or attempts at such 19consultation have, taken place to the State edu- 20cational agency. 21''(6) COMPLIANCE.'-- 22''(A) IN GENERAL.'--A private school official 23shall have the right to file a complaint with the 24State educational agency that the local edu- 25
89 'S 1177 EAH cational agency did not engage in consultation 1that was meaningful and timely, did not give 2due consideration to the views of the private 3school official, or did not treat the private school 4or its students equitably as required by this sec- 5tion. 6''(B) PROCEDURE.'--If the private school of- 7ficial wishes to file a complaint, the official shall 8provide the basis of the noncompliance with this 9section by the local educational agency to the 10State educational agency, and the local edu- 11cational agency shall forward the appropriate 12documentation to the State educational agency. 13''(C) STATE EDUCATIONAL AGENCIES.'--A 14State educational agency shall provide services 15under this section directly or through contracts 16with public or private agencies, organizations, 17and institutions, if'-- 18''(i) the appropriate private school offi- 19cials or their representatives have'-- 20''(I) requested that the State edu- 21cational agency provide such services 22directly; and 23
90 'S 1177 EAH ''(II) demonstrated that the local 1educational agency involved has not 2met the requirements of this section; or 3''(ii) in a case in which'-- 4''(I) a local educational agency 5has more than 10,000 children from 6low-income families who attend private 7elementary schools or secondary schools 8in a participating school attendance 9area of the agency that are not being 10served by the agency's program under 11this section; or 12''(II) 90 percent of the eligible 13private school students in a partici- 14pating school attendance area of the 15agency are not being served by the 16agency's program under this section. 17''(c) ALLOCATION FOREQUITABLESERVICE TOPRI- 18VATESCHOOLSTUDENTS.'-- 19''(1) CALCULATION.'--A local educational agency 20shall have the final authority, consistent with this sec- 21tion, to calculate the number of children, ages 5 22through 17, who are from low-income families and at- 23tend private schools by'-- 24
91 'S 1177 EAH ''(A) using the same measure of low income 1used to count public school children; 2''(B) using the results of a survey that, to 3the extent possible, protects the identity of fami- 4lies of private school students, and allowing such 5survey results to be extrapolated if complete ac- 6tual data are unavailable; 7''(C) applying the low-income percentage of 8each participating public school attendance area, 9determined pursuant to this section, to the num- 10ber of private school children who reside in that 11school attendance area; or 12''(D) using an equated measure of low in- 13come correlated with the measure of low income 14used to count public school children. 15''(2) COMPLAINT PROCESS.'--Any dispute regard- 16ing low-income data for private school students shall 17be subject to the complaint process authorized in sec- 18tion 6503. 19''(d) PUBLICCONTROL OFFUNDS.'-- 20''(1) IN GENERAL.'--The control of funds pro- 21vided under this subpart, and title to materials, 22equipment, and property purchased with such funds, 23shall be in a public agency, and a public agency shall 24
92 'S 1177 EAH administer such funds, materials, equipment, and 1property. 2''(2) PROVISION OF SERVICES.'-- 3''(A) PROVIDER.'--The provision of services 4under this section shall be provided'-- 5''(i) by employees of a public agency; 6or 7''(ii) through a contract by such public 8agency with an individual, association, 9agency, or organization. 10''(B) REQUIREMENT.'--In the provision of 11such services, such employee, individual, associa- 12tion, agency, or organization shall be inde- 13pendent of such private school and of any reli- 14gious organization, and such employment or con- 15tract shall be under the control and supervision 16of such public agency. 17''(e) STANDARDS FOR ABYPASS.'--If a local edu- 18cational agency is prohibited by law from providing for the 19participation in programs on an equitable basis of eligible 20children enrolled in private elementary schools and sec- 21ondary schools, or if the Secretary determines that a local 22educational agency has substantially failed or is unwilling 23to provide for such participation, as required by this sec- 24tion, the Secretary shall'-- 25
93 'S 1177 EAH ''(1) waive the requirements of this section for 1such local educational agency; 2''(2) arrange for the provision of services to such 3children through arrangements that shall be subject to 4the requirements of this section and sections 6503 and 56504; and 6''(3) in making the determination under this 7subsection, consider one or more factors, including the 8quality, size, scope, and location of the program and 9the opportunity of eligible children to participate.''. 10SEC. 121. FISCAL REQUIREMENTS. 11Section 1120A (20 U.S.C. 6321) is amended'-- 12(1) by striking ''part'' each place it appears and 13inserting ''subpart''; and 14(2) by striking subsection (a) and redesignating 15subsections (b), (c), and (d) as subsections (a), (b), 16and (c), respectively. 17SEC. 122. COORDINATION REQUIREMENTS. 18Section 1120B (20 U.S.C. 6322) is amended'-- 19(1) by striking ''part'' each place it appears and 20inserting ''subpart''; 21(2) in subsection (a)'-- 22(A) by striking ''such as the Early Reading 23First program''; and 24
94 'S 1177 EAH (B) by adding at the end the following new 1sentence: ''Each local educational agency shall 2develop agreements with such Head Start agen- 3cies and other entities to carry out such activi- 4ties.''; and 5(3) in subsection (b)'-- 6(A) in the matter preceding paragraph (1), 7by striking '', such as the Early Reading First 8program,''; 9(B) in paragraphs (1) through (3), by strik- 10ing ''such as the Early Reading First program'' 11each place it appears; 12(C) in paragraph (4), by striking ''Early 13Reading First program staff,''; and 14(D) in paragraph (5), by striking ''and en- 15tities carrying out Early Reading First pro- 16grams''. 17SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 18SECRETARY OF THE INTERIOR. 19Section 1121 (20 U.S.C. 6331) is amended'-- 20(1) in subsection (a), by striking ''appropriated 21for payments to States for any fiscal year under sec- 22tion 1002(a) and 1125A(f)'' and inserting ''reserved 23for this chapter under section 1122(a)''; 24(2) in subsection (b)'-- 25
95 'S 1177 EAH (A) in paragraph (2), by striking ''the No 1Child Left Behind Act of 2001'' and inserting 2''the Student Success Act''; and 3(B) in paragraph (3)'-- 4(i) in subparagraph (B), by striking 5''basis,'' and all that follows through the pe- 6riod at the end and inserting ''basis.''; 7(ii) in subparagraph (C)(ii), by strik- 8ing ''challenging State academic content 9standards'' and inserting ''State academic 10standards''; and 11(iii) by striking subparagraph (D); 12and 13(3) in subsection (d)(2), by striking ''part'' and 14inserting ''subpart''. 15SEC. 124. ALLOCATIONS TO STATES. 16Section 1122 (20 U.S.C. 6332) is amended'-- 17(1) by amending subsection (a) to read as fol- 18lows: 19''(a) RESERVATION.'-- 20''(1) IN GENERAL.'--From the amounts appro- 21priated under section 3(a)(1), the Secretary shall re- 22serve 91.44 percent of such amounts to carry out this 23chapter. 24
96 'S 1177 EAH ''(2) ALLOCATION FORMULA.'--Of the amount re- 1served under paragraph (1) for each of fiscal years 22016 to 2019 (referred to in this subsection as the 3current fiscal year)'-- 4''(A) an amount equal to the amount made 5available to carry out section 1124 for fiscal year 62001 shall be used to carry out section 1124; 7''(B) an amount equal to the amount made 8available to carry out section 1124A for fiscal 9year 2001 shall be used to carry out section 101124A; and 11''(C) an amount equal to 100 percent of the 12amount, if any, by which the total amount made 13available to carry out this chapter for the fiscal 14year for which the determination is made exceeds 15the total amount available to carry out sections 161124 and 1124A for fiscal year 2001 shall be 17used to carry out sections 1125 and 1125A and 18such amount shall be divided equally between 19sections 1125 and 1125A.''; 20(2) in subsection (b)(1), by striking ''subpart'' 21and inserting ''chapter''; 22(3) in subsection (c)(3), by striking ''part'' and 23inserting ''subpart''; and 24
97 'S 1177 EAH (4) in subsection (d)(1), by striking ''subpart'' 1and inserting ''chapter''. 2SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-3CIES. 4Section 1124 (20 U.S.C. 6333) is amended'-- 5(1) in subsection (a)'-- 6(A) in paragraph (3)'-- 7(i) in subparagraph (B), by striking 8''subpart'' and inserting ''chapter''; and 9(ii) in subparagraph (C)(i), by strik- 10ing ''subpart'' and inserting ''chapter''; and 11(B) in paragraph (4)(C), by striking ''sub- 12part'' each place it appears and inserting ''chap- 13ter''; and 14(2) in subsection (c)'-- 15(A) in paragraph (1)(B), by striking ''sub- 16part 1 of part D'' and inserting ''chapter A of 17subpart 3''; and 18(B) in paragraph (2), by striking ''part'' 19and inserting ''subpart''. 20SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL 21AGENCIES. 22Section 1125 (20 U.S.C. 6335) is amended'-- 23(1) in subsection (c)(2)'-- 24(A) in subparagraph (B)'-- 25
98 'S 1177 EAH (i) in clause (i), by striking ''15.58'' 1and inserting ''15.59''; 2(ii) in clause (ii)'-- 3(I) by striking ''15.58'' and in- 4serting ''15.59''; and 5(II) by striking ''22.11'' and in- 6serting ''22.12''; 7(iii) in clause (iii)'-- 8(I) by striking ''22.11'' and in- 9serting ''22.12''; and 10(II) by striking ''30.16'' and in- 11serting ''30.17''; 12(iv) in clause (iv)'-- 13(I) by striking ''30.16'' and in- 14serting ''30.17''; and 15(II) by striking ''38.24'' and in- 16serting ''38.25''; and 17(v) in clause (v), by striking ''38.24'' 18and inserting ''38.25''; 19(B) in subparagraph (C)'-- 20(i) in clause (i), by striking ''691'' and 21inserting ''692''; 22(ii) in clause (ii)'-- 23(I) by striking ''692'' and insert- 24ing ''693''; and 25
99 'S 1177 EAH (II) by striking ''2,262'' and in- 1serting ''2,263''; 2(iii) in clause (iii)'-- 3(I) by striking ''2,263'' and in- 4serting ''2,264''; and 5(II) by striking ''7,851'' and in- 6serting ''7,852''; 7(iv) in clause (iv)'-- 8(I) by striking ''7,852'' and in- 9serting ''7,853''; and 10(II) by striking ''35,514'' and in- 11serting ''35,515''; and 12(v) in clause (v), by striking ''35,514'' 13and inserting ''35,515''; and 14(2) by adding at the end the following: 15''(f) APPLICATION.'-- 16''(1) IN GENERAL.'--The percentage and number 17ranges described in subparagraphs (B) and (C) of 18subsection (c)(2) shall be applied with respect to fiscal 19years 2016, 2017, 2018, 2019, 2020, and 2021 as such 20percentages and numbers were in effect on the day be- 21fore the date of the enactment of the Student Success 22Act. 23''(2) SECRETARY'S CERTIFICATION.'--For fiscal 24year 2022 and each subsequent fiscal year, the per- 25
100 'S 1177 EAH centage and number ranges described in subpara- 1graphs (B) and (C) of subsection (c)(2) shall be ap- 2plied as such percentages and numbers were in effect 3on the day before the date of the enactment of the Stu- 4dent Success Act unless the Secretary certifies that 5amendments made to such percentages and numbers 6by the Student Success Act will not result in harm 7to any school district.''. 8SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 9AGENCIES IN FISCAL YEARS AFTER FISCAL 10YEAR 2001. 11Section 1125AA (20 U.S.C. 6336) is amended to read 12as follows: 13''SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDU-14CATIONAL AGENCIES IN FISCAL YEARS AFTER 15FISCAL YEAR 2001. 16''(a) LIMITATION OFALLOCATION.'--Pursuant to sec- 17tion 1122, the total amount allocated in any fiscal year 18after fiscal year 2001 for programs and activities under this 19subpart shall not exceed the amount allocated in fiscal year 202001 for such programs and activities unless the amount 21available for targeted grants to local educational agencies 22under section 1125 in the applicable fiscal year meets the 23requirements of section 1122(a). 24
101 'S 1177 EAH ''(b) FINDINGS.'--Congress makes the following find- 1ings: 2''(1) The formulas for distributing Targeted and 3Education Finance Incentive grants use two 4weighting systems, one based on the percentage of the 5aged 5-17 population in a local educational agency 6that is eligible to receive funds under this title (per- 7centage weighting), and another based on the absolute 8number of such students (number weighting). Which- 9ever of these weighting systems results in the highest 10total weighted formula student count for a local edu- 11cational agency is the weighting system used for that 12agency in the final allocation of Targeted and Edu- 13cation Finance Incentive Grant funds. 14''(2) The Congressional Research Service has 15said the number weighting alternative is generally 16more favorable to large local educational agencies 17with much larger counts of eligible children, but not 18necessarily higher concentrations, weighted at the 19highest point in the scale than smaller local edu- 20cational agencies with smaller counts, but higher con- 21centrations, of eligible children. 22''(3) The current percentage and number 23weighting scales are based on the most current data 24
102 'S 1177 EAH available in 2001 on the distribution of eligible chil- 1dren across local educational agencies. 2''(4) Prior to the date of the enactment of the 3Student Success Act, Congress expects updated data to 4be available, which will provide Congress an oppor- 5tunity to update these scales based on such data. 6''(5) When these scales are updated, Congress has 7a further obligation to evaluate the use of percentage 8and number weighting to ensure the most equitable 9distribution of Targeted and Education Finance In- 10centive Grant funds to local educational agencies.''. 11SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PRO-12GRAM. 13Section 1125A (20 U.S.C. 6337) is amended'-- 14(1) by striking ''part'' each place it appears and 15inserting ''subpart''; 16(2) in subsection (b)(1)'-- 17(A) in subparagraph (A), by striking ''ap- 18propriated pursuant to subsection (f)'' and in- 19serting ''made available for any fiscal year to 20carry out this section''; and 21(B) in subparagraph (B)(i), by striking 22''total appropriations'' and inserting ''the total 23amount reserved under section 1122(a) to carry 24out this section''; 25
103 'S 1177 EAH (3) by striking subsections (a), (e), and (f) and 1redesignating subsections (b), (c), (d), and (g) as sub- 2sections (a), (b), (c), and (d), respectively; 3(4) in subsection (b), as so redesignated, by re- 4designating subparagraphs (A) and (B) as para- 5graphs (1) and (2), respectively; 6(5) in subsection (c), as so redesignated'-- 7(A) in paragraph (1)(B)'-- 8(i) in clause (ii)'-- 9(I) in subclause (I), by striking 10''15.58'' and inserting ''15.59''; 11(II) in subclause (II)'-- 12(aa) by striking ''15.58'' and 13inserting ''15.59''; and 14(bb) by striking ''22.11'' and 15inserting ''22.12''; 16(III) in subclause (III)'-- 17(aa) by striking ''22.11'' and 18inserting ''22.12''; and 19(bb) by striking ''30.16'' and 20inserting ''30.17''; 21(IV) in subclause (IV)'-- 22(aa) by striking ''30.16'' and 23inserting ''30.17''; and 24
104 'S 1177 EAH (bb) by striking ''38.24'' and 1inserting ''38.25''; and 2(V) in subclause (V), by striking 3''38.24'' and inserting ''38.25''; and 4(ii) in clause (iii)'-- 5(I) in subclause (I), by striking 6''691'' and inserting ''692''; 7(II) in subclause (II)'-- 8(aa) by striking ''692'' and 9inserting ''693''; and 10(bb) by striking ''2,262'' and 11inserting ''2,263''; 12(III) in subclause (III)'-- 13(aa) by striking ''2,263'' and 14inserting ''2,264''; and 15(bb) by striking ''7,851'' and 16inserting ''7,852''; 17(IV) in subclause (IV)'-- 18(aa) by striking ''7,852'' and 19inserting ''7,853''; and 20(bb) by striking ''35,514'' 21and inserting ''35,515''; and 22(V) in subclause (V), by striking 23''35,514'' and inserting ''35,515''; 24(B) in paragraph (2)(B)'-- 25
105 'S 1177 EAH (i) in clause (ii)'-- 1(I) in subclause (I), by striking 2''15.58'' and inserting ''15.59''; 3(II) in subclause (II)'-- 4(aa) by striking ''15.58'' and 5inserting ''15.59''; and 6(bb) by striking ''22.11'' and 7inserting ''22.12''; 8(III) in subclause (III)'-- 9(aa) by striking ''22.11'' and 10inserting ''22.12''; and 11(bb) by striking ''30.16'' and 12inserting ''30.17''; 13(IV) in subclause (IV)'-- 14(aa) by striking ''30.16'' and 15inserting ''30.17''; and 16(bb) by striking ''38.24'' and 17inserting ''38.25''; and 18(V) in subclause (V), by striking 19''38.24'' and inserting ''38.25''; and 20(ii) in clause (iii)'-- 21(I) in subclause (I), by striking 22''691'' and inserting ''692''; 23(II) in subclause (II)'-- 24
106 'S 1177 EAH (aa) by striking ''692'' and 1inserting ''693''; and 2(bb) by striking ''2,262'' and 3inserting ''2,263''; 4(III) in subclause (III)'-- 5(aa) by striking ''2,263'' and 6inserting ''2,264''; and 7(bb) by striking ''7,851'' and 8inserting ''7,852''; 9(IV) in subclause (IV)'-- 10(aa) by striking ''7,852'' and 11inserting ''7,853''; and 12(bb) by striking ''35,514'' 13and inserting ''35,515''; and 14(V) in subclause (V), by striking 15''35,514'' and inserting ''35,515''; and 16(C) in paragraph (3)(B)'-- 17(i) in clause (ii)'-- 18(I) in subclause (I), by striking 19''15.58'' and inserting ''15.59''; 20(II) in subclause (II)'-- 21(aa) by striking ''15.58'' and 22inserting ''15.59''; and 23(bb) by striking ''22.11'' and 24inserting ''22.12''; 25
107 'S 1177 EAH (III) in subclause (III)'-- 1(aa) by striking ''22.11'' and 2inserting ''22.12''; and 3(bb) by striking ''30.16'' and 4inserting ''30.17''; 5(IV) in subclause (IV)'-- 6(aa) by striking ''30.16'' and 7inserting ''30.17''; and 8(bb) by striking ''38.24'' and 9inserting ''38.25''; and 10(V) in subclause (V), by striking 11''38.24'' and inserting ''38.25''; and 12(ii) in clause (iii)'-- 13(I) in subclause (I), by striking 14''691'' and inserting ''692''; 15(II) in subclause (II)'-- 16(aa) by striking ''692'' and 17inserting ''693''; and 18(bb) by striking ''2,262'' and 19inserting ''2,263''; 20(III) in subclause (III)'-- 21(aa) by striking ''2,263'' and 22inserting ''2,264''; and 23(bb) by striking ''7,851'' and 24inserting ''7,852''; 25
108 'S 1177 EAH (IV) in subclause (IV)'-- 1(aa) by striking ''7,852'' and 2inserting ''7,853''; and 3(bb) by striking ''35,514'' 4and inserting ''35,515''; and 5(V) in subclause (V), by striking 6''35,514'' and inserting ''35,515''; and 7(6) by adding at the end the following new sub- 8section: 9''(e) APPLICATION.'-- 10''(1) IN GENERAL.'--The percentage and number 11ranges described in clauses (ii) and (iii) of paragraph 12(1)(B), clauses (ii) and (iii) of paragraph (2)(B), and 13clauses (ii) and (iii) of paragraph (3)(B) shall be ap- 14plied with respect to fiscal years 2016, 2017, 2018, 152019, 2020, and 2021 as such percentages and num- 16bers were in effect on the day before the date of the 17enactment of the Student Success Act. 18''(2) SECRETARY'S CERTIFICATION.'--For fiscal 19year 2022 and each subsequent fiscal year, the per- 20centage and number ranges described in clauses (ii) 21and (iii) of paragraph (1)(B), clauses (ii) and (iii) 22of paragraph (2)(B), and clauses (ii) and (iii) of 23paragraph (3)(B) shall be applied as such percentages 24and numbers were in effect on the day before the date 25
109 'S 1177 EAH of the enactment of the Student Success Act unless the 1Secretary certifies that amendments made to such 2percentages and numbers by the Student Success Act 3will not result in harm to any school district.''. 4SEC. 129. CARRYOVER AND WAIVER. 5Section 1127 (20 U.S.C. 6339) is amended by striking 6''subpart'' each place it appears and inserting ''chapter''. 7SEC. 130. TITLE I PORTABILITY. 8Chapter B of subpart 1 of part A of title I (20 U.S.C. 96331 et seq.) is amended by adding at the end the following 10new section: 11''SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 12CHILD STATE OPTION. 13''(a) INGENERAL.'--Notwithstanding any other provi- 14sion of law and to the extent permitted under State law, 15a State educational agency may allocate grant funds under 16this chapter among the local educational agencies in the 17State based on the number of eligible children enrolled in 18the public schools served by each local educational agency. 19''(b) ELIGIBLECHILD.'-- 20''(1) DEFINITION.'--In this section, the term 'eli- 21gible child' means a child aged 5 to 17, inclusive, 22from a family with an income below the poverty level 23on the basis of the most recent satisfactory data pub- 24lished by the Department of Commerce. 25
110 'S 1177 EAH ''(2) CRITERIA OF POVERTY.'--In determining the 1families with incomes below the poverty level for the 2purposes of this section, a State educational agency 3shall use the criteria of poverty used by the Census 4Bureau in compiling the most recent decennial cen- 5sus, as the criteria have been updated by increases in 6the Consumer Price Index for All Urban Consumers, 7published by the Bureau of Labor Statistics. 8''(c) STUDENTENROLLMENT INPUBLICSCHOOLS.'-- 9''(1) IDENTIFICATION OF ELIGIBLE CHILDREN.'-- 10On an annual basis, on a date to be determined by 11the State educational agency, each local educational 12agency that receives grant funding in accordance with 13subsection (a) shall inform the State educational 14agency of the number of eligible children enrolled in 15public schools served by the local educational agency. 16''(2) ALLOCATION TO LOCAL EDUCATIONAL AGEN- 17CIES.'--Based on the identification of eligible children 18in paragraph (1), the State educational agency shall 19provide to a local educational agency an amount 20equal to the sum of the amount available for each eli- 21gible child in the State multiplied by the number of 22eligible children identified by the local educational 23agency under paragraph (1). 24
111 'S 1177 EAH ''(3) DISTRIBUTION TO SCHOOLS.'--Each local 1educational agency that receives funds under para- 2graph (2) shall distribute such funds to the public 3schools served by the local educational agency'-- 4''(A) based on the number of eligible chil- 5dren enrolled in such schools; and 6''(B) in a manner that would, in the ab- 7sence of such Federal funds, supplement the 8funds made available from non-Federal resources 9for the education of pupils participating in pro- 10grams under this subpart, and not to supplant 11such funds.''. 12Subtitle C'--Additional Aid to 13States and School Districts 14SEC. 131. ADDITIONAL AID. 15(a) INGENERAL.'--Title I (20 U.S.C. 6301 et seq.), 16as amended by the preceding provisions of this Act, is fur- 17ther amended'-- 18(1) by striking parts B through D and F through 19H; and 20(2) by inserting after subpart 1 of part A the fol- 21lowing: 22''Subpart 2'--Education of Migratory Children 23''SEC. 1131. PROGRAM PURPOSES. 24''The purposes of this subpart are as follows: 25
112 'S 1177 EAH ''(1) To assist States in supporting high-quality 1and comprehensive educational programs and services 2during the school year, and as applicable, during 3summer or intercession periods, that address the 4unique educational needs of migratory children. 5''(2) To ensure that migratory children who 6move among the States, not be penalized in any man- 7ner by disparities among the States in curriculum, 8graduation requirements, and State academic stand- 9ards. 10''(3) To help such children succeed in school, 11meet the State academic standards that all children 12are expected to meet, and graduate from high school 13prepared for postsecondary education and the work- 14force without the need for remediation. 15''(4) To help such children overcome educational 16disruption, cultural and language barriers, social iso- 17lation, various health-related problems, and other fac- 18tors that inhibit the ability of such children to succeed 19in school. 20''(5) To help such children benefit from State 21and local systemic reforms. 22
113 'S 1177 EAH ''SEC. 1132. PROGRAM AUTHORIZED. 1''(a) INGENERAL.'--From the amounts appropriated 2under section 3(a)(1), the Secretary shall reserve 2.45 per- 3cent to carry out this subpart. 4''(b) GRANTSAWARDED.'--From the amounts reserved 5under subsection (a) and not reserved under section 1138(c), 6the Secretary shall make allotments for the fiscal year to 7State educational agencies, or consortia of such agencies, 8to establish or improve, directly or through local operating 9agencies, programs of education for migratory children in 10accordance with this subpart. 11''SEC. 1133. STATE ALLOCATIONS. 12''(a) STATEALLOCATIONS.'--Except as provided in 13subsection (c), each State (other than the Commonwealth 14of Puerto Rico) is entitled to receive under this subpart an 15amount equal to the product of'-- 16''(1) the sum of'-- 17''(A) the average number of identified eligi- 18ble full-time equivalent migratory children aged 193 through 21 residing in the State, based on data 20for the preceding 3 years; and 21''(B) the number of identified eligible mi- 22gratory children, aged 3 through 21, who re- 23ceived services under this subpart in summer or 24intersession programs provided by the State dur- 25ing the previous year; multiplied by 26
114 'S 1177 EAH ''(2) 40 percent of the average per-pupil expendi- 1ture in the State, except that the amount determined 2under this paragraph shall not be less than 32 per- 3cent, nor more than 48 percent, of the average per- 4pupil expenditure in the United States. 5''(b) HOLDHARMLESS.'--Notwithstanding subsection 6(a), for each of fiscal years 2016 through 2018, no State 7shall receive less than 90 percent of the State's allocation 8under this section for the previous year. 9''(c) ALLOCATION TOPUERTORICO.'--For each fiscal 10year, the grant which the Commonwealth of Puerto Rico 11shall be eligible to receive under this subpart shall be the 12amount determined by multiplying the number of children 13who would be counted under subsection (a)(1) if such sub- 14section applied to the Commonwealth of Puerto Rico by the 15product of'-- 16''(1) the percentage that the average per-pupil 17expenditure in the Commonwealth of Puerto Rico is 18of the lowest average per-pupil expenditure of any of 19the 50 States, except that the percentage calculated 20under this subparagraph shall not be less than 85 21percent; and 22''(2) 32 percent of the average per-pupil expendi- 23ture in the United States. 24''(d) RATABLEREDUCTIONS; REALLOCATIONS.'-- 25
115 'S 1177 EAH ''(1) IN GENERAL.'-- 1''(A) RATABLE REDUCTIONS.'--If, after the 2Secretary reserves funds under section 1138(c), 3the amount appropriated to carry out this sub- 4part for any fiscal year is insufficient to pay in 5full the amounts for which all States are eligible, 6the Secretary shall ratably reduce each such 7amount. 8''(B) REALLOCATION.'--If additional funds 9become available for making such payments for 10any fiscal year, the Secretary shall allocate such 11funds to States in amounts that the Secretary 12determines will best carry out the purpose of this 13subpart. 14''(2) SPECIAL RULE.'-- 15''(A) FURTHER REDUCTIONS.'--The Sec- 16retary shall further reduce the amount of any 17grant to a State under this subpart for any fis- 18cal year if the Secretary determines, based on 19available information on the numbers and needs 20of migratory children in the State and the pro- 21gram proposed by the State to address such 22needs, that such amount exceeds the amount re- 23quired under section 1134. 24
116 'S 1177 EAH ''(B) REALLOCATION.'--The Secretary shall 1reallocate such excess funds to other States whose 2grants under this subpart would otherwise be in- 3sufficient to provide an appropriate level of serv- 4ices to migratory children, in such amounts as 5the Secretary determines are appropriate. 6''(e) CONSORTIUMARRANGEMENTS.'-- 7''(1) IN GENERAL.'--In the case of a State that 8receives a grant of $1,000,000 or less under this sec- 9tion, the Secretary shall consult with the State edu- 10cational agency to determine whether consortium ar- 11rangements with another State or other appropriate 12entity would result in delivery of services in a more 13effective and efficient manner. 14''(2) PROPOSALS.'--Any State, regardless of the 15amount of such State's allocation, may submit a con- 16sortium arrangement to the Secretary for approval. 17''(3) APPROVAL.'--The Secretary shall approve a 18consortium arrangement under paragraph (1) or (2) 19if the proposal demonstrates that the arrangement 20will'-- 21''(A) reduce administrative costs or pro- 22gram function costs for State programs; and 23''(B) make more funds available for direct 24services to add substantially to the educational 25
117 'S 1177 EAH achievement of children to be served under this 1subpart. 2''(f) DETERMININGNUMBERS OFELIGIBLECHIL- 3DREN.'--In order to determine the identified number of mi- 4gratory children residing in each State for purposes of this 5section, the Secretary shall'-- 6''(1) use the most recent information that most 7accurately reflects the actual number of migratory 8children; 9''(2) develop and implement a procedure for 10monitoring the accuracy of such information; 11''(3) develop and implement a procedure for 12more accurately reflecting cost factors for different 13types of summer and intersession program designs; 14''(4) adjust the full-time equivalent number of 15migratory children who reside in each State to take 16into account'-- 17''(A) the unique needs of those children par- 18ticipating in evidence-based or other effective 19special programs provided under this subpart 20that operate during the summer and intersession 21periods; and 22''(B) the additional costs of operating such 23programs; and 24
118 'S 1177 EAH ''(5) conduct an analysis of the options for ad- 1justing the formula so as to better direct services to 2migratory children, including the most at-risk migra- 3tory children. 4''(g) NONPARTICIPATINGSTATES.'--In the case of a 5State desiring to receive an allocation under this subpart 6for a fiscal year that did not receive an allocation for the 7previous fiscal year or that has been participating for less 8than 3 consecutive years, the Secretary shall calculate the 9State's number of identified migratory children aged 3 10through 21 for purposes of subsection (a)(1)(A) by using 11the most recent data available that identifies the migratory 12children residing in the State until data is available to cal- 13culate the 3-year average number of such children in ac- 14cordance with such subsection. 15''SEC. 1134. STATE APPLICATIONS; SERVICES. 16''(a) APPLICATIONREQUIRED.'--Any State desiring to 17receive a grant under this subpart for any fiscal year shall 18submit an application to the Secretary at such time and 19in such manner as the Secretary may require. 20''(b) PROGRAMINFORMATION.'--Each such application 21shall include'-- 22''(1) a description of how, in planning, imple- 23menting, and evaluating programs and projects as- 24sisted under this subpart, the State and its local oper- 25
119 'S 1177 EAH ating agencies will ensure that the unique educational 1needs of migratory children, including preschool mi- 2gratory children, are identified and addressed 3through'-- 4''(A) the full range of services that are 5available for migratory children from appro- 6priate local, State, and Federal educational pro- 7grams; 8''(B) joint planning among local, State, and 9Federal educational programs serving migratory 10children, including language instruction edu- 11cational programs under chapter A of subpart 4; 12and 13''(C) the integration of services available 14under this subpart with services provided by 15those other programs; 16''(2) a description of the steps the State is taking 17to provide all migratory students with the oppor- 18tunity to meet the same State academic standards 19that all children are expected to meet; 20''(3) a description of how the State will use 21funds received under this subpart to promote inter- 22state and intrastate coordination of services for mi- 23gratory children, including how the State will provide 24for educational continuity through the timely transfer 25
120 'S 1177 EAH of pertinent school records, including information on 1health, when children move from one school to an- 2other, whether or not such a move occurs during the 3regular school year; 4''(4) a description of the State's priorities for the 5use of funds received under this subpart, and how 6such priorities relate to the State's assessment of 7needs for services in the State; 8''(5) a description of how the State will deter- 9mine the amount of any subgrants the State will 10award to local operating agencies, taking into ac- 11count the numbers and needs of migratory children, 12the requirements of subsection (d), and the avail- 13ability of funds from other Federal, State, and local 14programs; and 15''(6) a description of how the State will encour- 16age programs and projects assisted under this subpart 17to offer family literacy services if the programs and 18projects serve a substantial number of migratory chil- 19dren whose parents do not have a regular high school 20diploma or its recognized equivalent or who have low 21levels of literacy. 22''(c) ASSURANCES.'--Each such application shall also 23include assurances that'-- 24
121 'S 1177 EAH ''(1) funds received under this subpart will be 1used only'-- 2''(A) for programs and projects, including 3the acquisition of equipment, in accordance with 4section 1136; and 5''(B) to coordinate such programs and 6projects with similar programs and projects 7within the State and in other States, as well as 8with other Federal programs that can benefit mi- 9gratory children and their families; 10''(2) such programs and projects will be carried 11out in a manner consistent with the objectives of sec- 12tion 1114, subsections (b) and (d) of section 1115, 13subsections (b) and (c) of section 1120A, and part C; 14''(3) in the planning and operation of programs 15and projects at both the State and local agency oper- 16ating level, there is consultation with parents of mi- 17gratory children for programs of not less than one 18school year in duration, and that all such programs 19and projects are carried out'-- 20''(A) in a manner that provides for the 21same parental involvement as is required for 22programs and projects under section 1118, unless 23extraordinary circumstances make such provi- 24sion impractical; and 25
122 'S 1177 EAH ''(B) in a format and language understand- 1able to the parents; 2''(4) in planning and carrying out such pro- 3grams and projects, there has been, and will be, ade- 4quate provision for addressing the unmet education 5needs of preschool migratory children; 6''(5) the effectiveness of such programs and 7projects will be determined, where feasible, using the 8same approaches and standards that will be used to 9assess the performance of students, schools, and local 10educational agencies under subpart 1; 11''(6) to the extent feasible, such programs and 12projects will provide for'-- 13''(A) advocacy and outreach activities for 14migratory children and their families, including 15informing such children and families of, or help- 16ing such children and families gain access to, 17other education, health, nutrition, and social 18services; 19''(B) professional development programs, in- 20cluding mentoring, for teachers and other pro- 21gram personnel; 22''(C) high-quality, evidence-based family lit- 23eracy programs; 24
123 'S 1177 EAH ''(D) the integration of information tech- 1nology into educational and related programs; 2and 3''(E) programs to facilitate the transition of 4secondary school students to postsecondary edu- 5cation or employment without the need for reme- 6diation; and 7''(7) the State will assist the Secretary in deter- 8mining the number of migratory children under 9paragraph (1) of section 1133(a). 10''(d) PRIORITY FORSERVICES.'--In providing services 11with funds received under this subpart, each recipient of 12such funds shall give priority to migratory children who 13are failing, or most at risk of failing, to meet the State's 14academic standards under section 1111(b)(1). 15''(e) CONTINUATION OFSERVICES.'--Notwithstanding 16any other provision of this subpart'-- 17''(1) a child who ceases to be a migratory child 18during a school term shall be eligible for services until 19the end of such term; 20''(2) a child who is no longer a migratory child 21may continue to receive services for one additional 22school year, but only if comparable services are not 23available through other programs; and 24
124 'S 1177 EAH ''(3) secondary school students who were eligible 1for services in secondary school may continue to be 2served through credit accrual programs until gradua- 3tion. 4''SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 5''The Secretary shall approve each State application 6that meets the requirements of this subpart, and may review 7any such application using a peer review process. 8''SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 9SERVICE-DELIVERY PLAN; AUTHORIZED AC-10TIVITIES. 11''(a) COMPREHENSIVEPLAN.'-- 12''(1) IN GENERAL.'--Each State that receives as- 13sistance under this subpart shall ensure that the State 14and its local operating agencies identify and address 15the unique educational needs of migratory children in 16accordance with a comprehensive State plan that'-- 17''(A) is integrated with other programs 18under this Act or other Acts, as appropriate; 19''(B) may be submitted as a part of a con- 20solidated application under section 6302, if'-- 21''(i) the unique needs of migratory 22children are specifically addressed in the 23comprehensive State plan; 24
125 'S 1177 EAH ''(ii) the comprehensive State plan is 1developed in collaboration with parents of 2migratory children; and 3''(iii) the comprehensive State plan is 4not used to supplant State efforts regarding, 5or administrative funding for, this subpart; 6''(C) provides that migratory children will 7have an opportunity to meet the same State aca- 8demic standards under section 1111(b)(1) that 9all children are expected to meet; 10''(D) specifies measurable program goals 11and outcomes; 12''(E) encompasses the full range of services 13that are available for migratory children from 14appropriate local, State, and Federal edu- 15cational programs; 16''(F) is the product of joint planning among 17such local, State, and Federal programs, includ- 18ing programs under subpart 1, early childhood 19programs, and language instruction educational 20programs under chapter A of subpart 4; and 21''(G) provides for the integration of services 22available under this subpart with services pro- 23vided by such other programs. 24
126 'S 1177 EAH ''(2) DURATION OF THE PLAN.'--Each such com- 1prehensive State plan shall'-- 2''(A) remain in effect for the duration of the 3State's participation under this subpart; and 4''(B) be periodically reviewed and revised 5by the State, as necessary, to reflect changes in 6the State's strategies and programs under this 7subpart. 8''(b) AUTHORIZEDACTIVITIES.'-- 9''(1) FLEXIBILITY.'--In implementing the com- 10prehensive plan described in subsection (a), each 11State educational agency, where applicable through 12its local educational agencies, retains the flexibility to 13determine the activities to be provided with funds 14made available under this subpart, except that such 15funds first shall be used to meet the identified needs 16of migratory children that result from their migratory 17lifestyle, and to permit these children to participate 18effectively in school. 19''(2) UNADDRESSED NEEDS.'--Funds provided 20under this subpart shall be used to address the needs 21of migratory children that are not addressed by serv- 22ices available from other Federal or non-Federal pro- 23grams, except that migratory children who are eligible 24to receive services under subpart 1 may receive those 25
127 'S 1177 EAH services through funds provided under that subpart, 1or through funds under this subpart that remain after 2the agency addresses the needs described in paragraph 3(1). 4''(3) CONSTRUCTION.'--Nothing in this subpart 5shall be construed to prohibit a local educational 6agency from serving migratory children simulta- 7neously with students with similar educational needs 8in the same educational settings, where appropriate. 9''SEC. 1137. BYPASS. 10''The Secretary may use all or part of any State's allo- 11cation under this subpart to make arrangements with any 12public or private agency to carry out the purpose of this 13subpart in such State if the Secretary determines that'-- 14''(1) the State is unable or unwilling to conduct 15educational programs for migratory children; 16''(2) such arrangements would result in more ef- 17ficient and economic administration of such pro- 18grams; or 19''(3) such arrangements would add substantially 20to the educational achievement of such children. 21''SEC. 1138. COORDINATION OF MIGRATORY EDUCATION AC-22TIVITIES. 23''(a) IMPROVEMENT OFCOORDINATION.'-- 24
128 'S 1177 EAH ''(1) IN GENERAL.'--The Secretary, in consulta- 1tion with the States, may make grants to, or enter 2into contracts with, State educational agencies, local 3educational agencies, institutions of higher education, 4and other public and private entities to improve the 5interstate and intrastate coordination among such 6agencies' educational programs, including through the 7establishment or improvement of programs for credit 8accrual and exchange, available to migratory stu- 9dents. 10''(2) DURATION.'--Grants or contracts under this 11subsection may be awarded for not more than 5 years. 12''(b) STUDENTRECORDS.'-- 13''(1) ASSISTANCE.'--The Secretary shall assist 14States in developing and maintaining an effective 15system for the electronic transfer of student records 16and in determining the number of migratory children 17in each State. 18''(2) INFORMATION SYSTEM.'-- 19''(A) IN GENERAL.'--The Secretary, in con- 20sultation with the States, shall ensure the linkage 21of migratory student record systems for the pur- 22pose of electronically exchanging, among the 23States, health and educational information re- 24garding all migratory students. The Secretary 25
129 'S 1177 EAH shall ensure such linkage occurs in a cost-effec- 1tive manner, utilizing systems used by the States 2prior to, or developed after, the date of the enact- 3ment of this Act. The Secretary shall determine 4the minimum data elements that each State re- 5ceiving funds under this subpart shall collect and 6maintain. Such minimum data elements may 7include'-- 8''(i) immunization records and other 9health information; 10''(ii) elementary and secondary aca- 11demic history (including partial credit), 12credit accrual, and results from State as- 13sessments required under section 1111(b)(2); 14''(iii) other academic information es- 15sential to ensuring that migratory children 16achieve to the States's academic standards; 17and 18''(iv) eligibility for services under the 19Individuals with Disabilities Education 20Act. 21''(B) The Secretary shall consult with 22States before updating the data elements that 23each State receiving funds under this subpart 24shall be required to collect for purposes of elec- 25
130 'S 1177 EAH tronic transfer of migratory student information 1and the requirements that States shall meet for 2immediate electronic access to such information. 3''(3) NO COST FOR CERTAIN TRANSFERS.'--A 4State educational agency or local educational agency 5receiving assistance under this subpart shall make 6student records available to another State educational 7agency or local educational agency that requests the 8records at no cost to the requesting agency, if the re- 9quest is made in order to meet the needs of a migra- 10tory child. 11''(4) REPORT TO CONGRESS.'-- 12''(A) IN GENERAL.'--Not later than April 1330, 2016, the Secretary shall report to the Com- 14mittee on Health, Education, Labor, and Pen- 15sions of the Senate and the Committee on Edu- 16cation and the Workforce of the House of Rep- 17resentatives the Secretary's findings and rec- 18ommendations regarding the maintenance and 19transfer of health and educational information 20for migratory students by the States. 21''(B) REQUIRED CONTENTS.'--The Secretary 22shall include in such report'-- 23
131 'S 1177 EAH ''(i) a review of the progress of States 1in developing and linking electronic records 2transfer systems; 3''(ii) recommendations for maintaining 4such systems; and 5''(iii) recommendations for improving 6the continuity of services provided for mi- 7gratory students. 8''(c) AVAILABILITY OFFUNDS.'--The Secretary shall 9reserve not more than $10,000,000 of the amount reserved 10under section 1132 to carry out this section for each fiscal 11year. 12''(d) DATACOLLECTION.'--The Secretary shall direct 13the National Center for Education Statistics to collect data 14on migratory children. 15''SEC. 1139. DEFINITIONS. 16''As used in this subpart: 17''(1) LOCAL OPERATING AGENCY.'--The term 18'local operating agency' means'-- 19''(A) a local educational agency to which a 20State educational agency makes a subgrant 21under this subpart; 22''(B) a public or private agency with which 23a State educational agency or the Secretary 24
132 'S 1177 EAH makes an arrangement to carry out a project 1under this subpart; or 2''(C) a State educational agency, if the 3State educational agency operates the State's mi- 4gratory education program or projects directly. 5''(2) MIGRATORY CHILD.'--The term 'migratory 6child' means a child who is, or whose parent or 7spouse is, a migratory agricultural worker, including 8a migratory dairy worker, or a migratory fisher, and 9who, in the preceding 36 months, in order to obtain, 10or accompany such parent or spouse, in order to ob- 11tain, temporary or seasonal employment in agricul- 12tural or fishing work'-- 13''(A) has moved from one school district to 14another; 15''(B) in a State that is comprised of a sin- 16gle school district, has moved from one adminis- 17trative area to another within such district; or 18''(C) resides in a school district of more 19than 15,000 square miles, and migrates a dis- 20tance of 20 miles or more to a temporary resi- 21dence to engage in a fishing activity. 22
133 'S 1177 EAH ''Subpart 3'--Prevention and Intervention Programs 1for Children and Youth Who Are Neglected, De-2linquent, or At-Risk 3''SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 4''(a) PURPOSE.'--It is the purpose of this subpart'-- 5''(1) to improve educational services for children 6and youth in local and State institutions for ne- 7glected or delinquent children and youth so that such 8children and youth have the opportunity to meet the 9same State academic standards that all children in 10the State are expected to meet; 11''(2) to provide such children and youth with the 12services needed to make a successful transition from 13institutionalization to further schooling or employ- 14ment; and 15''(3) to prevent at-risk youth from dropping out 16of school, and to provide dropouts, and children and 17youth returning from correctional facilities or institu- 18tions for neglected or delinquent children and youth, 19with a support system to ensure their continued edu- 20cation. 21''(b) PROGRAMAUTHORIZED.'--From amounts appro- 22priated under section 3(a)(1), the Secretary shall reserve 230.31 of one percent to carry out this subpart. 24''(c) GRANTSAWARDED.'--From the amounts reserved 25under subsection (b) and not reserved under section 1004 26
134 'S 1177 EAH and section 1159, the Secretary shall make grants to State 1educational agencies that have plans submitted under sec- 2tion 1154 approved to enable such agencies to award sub- 3grants to State agencies and local educational agencies to 4establish or improve programs of education for neglected, 5delinquent, or at-risk children and youth. 6''SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-7PART. 8''(a) AGENCYSUBGRANTS.'--Based on the allocation 9amount computed under section 1152, the Secretary shall 10allocate to each State educational agency an amount nec- 11essary to make subgrants to State agencies under chapter 12A. 13''(b) LOCALSUBGRANTS.'--Each State shall retain, for 14the purpose of carrying out chapter B, funds generated 15throughout the State under subpart 1 of this part based on 16children and youth residing in local correctional facilities, 17or attending community day programs for delinquent chil- 18dren and youth. 19''CHAPTER A'--STATE AGENCY PROGRAMS 20''SEC. 1151. ELIGIBILITY. 21''A State agency is eligible for assistance under this 22chapter if such State agency is responsible for providing 23free public education for children and youth'-- 24
135 'S 1177 EAH ''(1) in institutions for neglected or delinquent 1children and youth; 2''(2) attending community day programs for ne- 3glected or delinquent children and youth; or 4''(3) in adult correctional institutions. 5''SEC. 1152. ALLOCATION OF FUNDS. 6''(a) SUBGRANTS TOSTATEAGENCIES.'-- 7''(1) IN GENERAL.'--Each State agency described 8in section 1151 (other than an agency in the Com- 9monwealth of Puerto Rico) is eligible to receive a 10subgrant under this chapter, for each fiscal year, in 11an amount equal to the product of'-- 12''(A) the number of neglected or delinquent 13children and youth described in section 1151 14who'-- 15''(i) are enrolled for at least 15 hours 16per week in education programs in adult 17correctional institutions; and 18''(ii) are enrolled for at least 20 hours 19per week'-- 20''(I) in education programs in in- 21stitutions for neglected or delinquent 22children and youth; or 23
136 'S 1177 EAH ''(II) in community day programs 1for neglected or delinquent children 2and youth; and 3''(B) 40 percent of the average per-pupil ex- 4penditure in the State, except that the amount 5determined under this subparagraph shall not be 6less than 32 percent, nor more than 48 percent, 7of the average per-pupil expenditure in the 8United States. 9''(2) SPECIAL RULE.'--The number of neglected 10or delinquent children and youth determined under 11paragraph (1) shall'-- 12''(A) be determined by the State agency by 13a deadline set by the Secretary, except that no 14State agency shall be required to determine the 15number of such children and youth on a specific 16date set by the Secretary; and 17''(B) be adjusted, as the Secretary deter- 18mines is appropriate, to reflect the relative 19length of such agency's annual programs. 20''(b) SUBGRANTS TOSTATEAGENCIES INPUERTO 21RICO.'-- 22''(1) IN GENERAL.'--For each fiscal year, the 23amount of the subgrant which a State agency in the 24Commonwealth of Puerto Rico shall be eligible to re- 25
137 'S 1177 EAH ceive under this chapter shall be the amount deter- 1mined by multiplying the number of children counted 2under subsection (a)(1)(A) for the Commonwealth of 3Puerto Rico by the product of'-- 4''(A) the percentage which the average per- 5pupil expenditure in the Commonwealth of Puer- 6to Rico is of the lowest average per-pupil expend- 7iture of any of the 50 States; and 8''(B) 32 percent of the average per-pupil ex- 9penditure in the United States. 10''(2) MINIMUM PERCENTAGE.'--The percentage in 11paragraph (1)(A) shall not be less than 85 percent. 12''(c) RATABLEREDUCTIONS INCASE OFINSUFFICIENT 13APPROPRIATIONS.'--If the amount reserved for any fiscal 14year for subgrants under subsections (a) and (b) is insuffi- 15cient to pay the full amount for which all State agencies 16are eligible under such subsections, the Secretary shall rat- 17ably reduce each such amount. 18''SEC. 1153. STATE REALLOCATION OF FUNDS. 19''If a State educational agency determines that a State 20agency does not need the full amount of the subgrant for 21which such State agency is eligible under this chapter for 22any fiscal year, the State educational agency may reallocate 23the amount that will not be needed to other eligible State 24agencies that need additional funds to carry out the purpose 25
138 'S 1177 EAH of this chapter, in such amounts as the State educational 1agency shall determine. 2''SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-3TIONS. 4''(a) STATEPLAN.'-- 5''(1) IN GENERAL.'--Each State educational 6agency that desires to receive a grant under this 7chapter shall submit, for approval by the Secretary, 8a plan'-- 9''(A) for meeting the educational needs of 10neglected, delinquent, and at-risk children and 11youth; 12''(B) for assisting in the transition of chil- 13dren and youth from correctional facilities to lo- 14cally operated programs; and 15''(C) that is integrated with other programs 16under this Act or other Acts, as appropriate. 17''(2) CONTENTS.'--Each such State plan shall'-- 18''(A) describe how the State will assess the 19effectiveness of the program in improving the 20academic, career, and technical skills of children 21in the program; 22''(B) provide that, to the extent feasible, 23such children will have the same opportunities to 24achieve as such children would have if such chil- 25
139 'S 1177 EAH dren were in the schools of local educational 1agencies in the State; 2''(C) describe how the State will place a 3priority for such children to obtain a regular 4high school diploma, to the extent feasible; and 5''(D) contain an assurance that the State 6educational agency will'-- 7''(i) ensure that programs assisted 8under this chapter will be carried out in ac- 9cordance with the State plan described in 10this subsection; 11''(ii) carry out the evaluation require- 12ments of section 1171; and 13''(iii) ensure that the State agencies re- 14ceiving subgrants under this chapter comply 15with all applicable statutory and regulatory 16requirements. 17''(3) DURATION OF THE PLAN.'--Each such State 18plan shall'-- 19''(A) remain in effect for the duration of the 20State's participation under this chapter; and 21''(B) be periodically reviewed and revised 22by the State, as necessary, to reflect changes in 23the State's strategies and programs under this 24chapter. 25
140 'S 1177 EAH ''(b) SECRETARIALAPPROVAL ANDPEERREVIEW.'-- 1''(1) SECRETARIAL APPROVAL.'--The Secretary 2shall approve each State plan that meets the require- 3ments of this chapter. 4''(2) PEER REVIEW.'--The Secretary may review 5any State plan with the assistance and advice of in- 6dividuals with relevant expertise. 7''(c) STATEAGENCYAPPLICATIONS.'--Any State agen- 8cy that desires to receive funds to carry out a program 9under this chapter shall submit an application to the State 10educational agency that'-- 11''(1) describes the procedures to be used, con- 12sistent with the State plan under section 1111, to as- 13sess the educational needs of the children to be served 14under this chapter; 15''(2) provide an assurance that in making serv- 16ices available to children and youth in adult correc- 17tional institutions, priority will be given to such chil- 18dren and youth who are likely to complete incarcer- 19ation within a 2-year period; 20''(3) describes the program, including a budget 21for the first year of the program, with annual updates 22to be provided to the State educational agency; 23''(4) describes how the program will meet the 24goals and objectives of the State plan; 25
141 'S 1177 EAH ''(5) describes how the State agency will consult 1with experts and provide the necessary training for 2appropriate staff, to ensure that the planning and op- 3eration of institution-wide projects under section 1156 4are of high quality; 5''(6) describes how the programs will be coordi- 6nated with other appropriate State and Federal pro- 7grams, such as programs under title I of Public Law 8105''220, career and technical education programs, 9State and local dropout prevention programs, and 10special education programs; 11''(7) describes how the State agency will encour- 12age correctional facilities receiving funds under this 13chapter to coordinate with local educational agencies 14or alternative education programs attended by incar- 15cerated children and youth prior to and after their 16incarceration to ensure that student assessments and 17appropriate academic records are shared jointly be- 18tween the correctional facility and the local edu- 19cational agency or alternative education program; 20''(8) describes how appropriate professional de- 21velopment will be provided to teachers and other staff; 22''(9) designates an individual in each affected 23correctional facility or institution for neglected or de- 24linquent children and youth to be responsible for 25
142 'S 1177 EAH issues relating to the transition of such children and 1youth from such facility or institution to locally oper- 2ated programs; 3''(10) describes how the State agency will en- 4deavor to coordinate with businesses for training and 5mentoring for participating children and youth; 6''(11) provides an assurance that the State agen- 7cy will assist in locating alternative programs 8through which students can continue their education 9if the students are not returning to school after leav- 10ing the correctional facility or institution for ne- 11glected or delinquent children and youth; 12''(12) provides assurances that the State agency 13will work with parents to secure parents' assistance 14in improving the educational achievement of their 15children and youth, and preventing their children's 16and youth's further involvement in delinquent activi- 17ties; 18''(13) provides an assurance that the State agen- 19cy will work with children and youth with disabilities 20in order to meet an existing individualized education 21program and an assurance that the agency will notify 22the child's or youth's local school if the child or 23youth'-- 24
143 'S 1177 EAH ''(A) is identified as in need of special edu- 1cation services while the child or youth is in the 2correctional facility or institution for neglected 3or delinquent children and youth; and 4''(B) intends to return to the local school; 5''(14) provides an assurance that the State agen- 6cy will work with children and youth who dropped 7out of school before entering the correctional facility 8or institution for neglected or delinquent children and 9youth to encourage the children and youth to reenter 10school and obtain a regular high school diploma once 11the term of the incarceration is completed, or provide 12the child or youth with the skills necessary to gain 13employment, continue the education of the child or 14youth, or obtain a regular high school diploma or its 15recognized equivalent if the child or youth does not 16intend to return to school; 17''(15) provides an assurance that effective teach- 18ers and other qualified staff are trained to work with 19children and youth with disabilities and other stu- 20dents with special needs taking into consideration the 21unique needs of such students; 22''(16) describes any additional services to be pro- 23vided to children and youth, such as career coun- 24
144 'S 1177 EAH seling, distance education, and assistance in securing 1student loans and grants; and 2''(17) provides an assurance that the program 3under this chapter will be coordinated with any pro- 4grams operated under the Juvenile Justice and Delin- 5quency Prevention Act of 1974 (42 U.S.C. 5601 et 6seq.) or other comparable programs, if applicable. 7''SEC. 1155. USE OF FUNDS. 8''(a) USES.'-- 9''(1) IN GENERAL.'--A State agency shall use 10funds received under this chapter only for programs 11and projects that'-- 12''(A) are consistent with the State plan 13under section 1154(a); and 14''(B) concentrate on providing participants 15with the knowledge and skills needed to make a 16successful transition to secondary school comple- 17tion, career and technical education, further edu- 18cation, or employment without the need for re- 19mediation. 20''(2) PROGRAMS AND PROJECTS.'--Such programs 21and projects'-- 22''(A) may include the acquisition of equip- 23ment; 24
145 'S 1177 EAH ''(B) shall be designed to support edu- 1cational services that'-- 2''(i) except for institution-wide projects 3under section 1156, are provided to children 4and youth identified by the State agency as 5failing, or most at-risk of failing, to meet 6the State's academic standards; 7''(ii) supplement and improve the 8quality of the educational services provided 9to such children and youth by the State 10agency; and 11''(iii) afford such children and youth 12an opportunity to meet State academic 13standards; and 14''(C) shall be carried out in a manner con- 15sistent with section 1120A and part C (as ap- 16plied to programs and projects under this chap- 17ter). 18''(b) SUPPLEMENT, NOTSUPPLANT.'--A program 19under this chapter that supplements the number of hours 20of instruction students receive from State and local sources 21shall be considered to comply with the supplement, not sup- 22plant requirement of section 1120A (as applied to this chap- 23ter) without regard to the subject areas in which instruction 24is given during those hours. 25
146 'S 1177 EAH ''SEC. 1156. INSTITUTION-WIDE PROJECTS. 1''A State agency that provides free public education 2for children and youth in an institution for neglected or 3delinquent children and youth (other than an adult correc- 4tional institution) or attending a community day program 5for such children and youth may use funds received under 6this chapter to serve all children in, and upgrade the entire 7educational effort of, that institution or program if the 8State agency has developed, and the State educational agen- 9cy has approved, a comprehensive plan for that institution 10or program that'-- 11''(1) provides for a comprehensive assessment of 12the educational needs of all children and youth in the 13institution or program serving juveniles; 14''(2) provides for a comprehensive assessment of 15the educational needs of youth aged 20 and younger 16in adult facilities who are expected to complete incar- 17ceration within a 2-year period; 18''(3) describes the steps the State agency has 19taken, or will take, to provide all children and youth 20under age 21 with the opportunity to meet State aca- 21demic standards in order to improve the likelihood 22that the children and youth will complete secondary 23school, obtain a regular high school diploma or its 24recognized equivalent, or find employment after leav- 25ing the institution; 26
147 'S 1177 EAH ''(4) describes the instructional program, special- 1ized instructional support services, and procedures 2that will be used to meet the needs described in para- 3graph (1), including, to the extent feasible, the provi- 4sion of mentors for the children and youth described 5in paragraph (1); 6''(5) specifically describes how such funds will be 7used; 8''(6) describes the measures and procedures that 9will be used to assess and improve student achieve- 10ment; 11''(7) describes how the agency has planned, and 12will implement and evaluate, the institution-wide or 13program-wide project in consultation with personnel 14providing direct instructional services and support 15services in institutions or community day programs 16for neglected or delinquent children and youth, and 17with personnel from the State educational agency; 18and 19''(8) includes an assurance that the State agency 20has provided for appropriate training for teachers 21and other instructional and administrative personnel 22to enable such teachers and personnel to carry out the 23project effectively. 24
148 'S 1177 EAH ''SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 1''If a State agency operates a program or project under 2this chapter in which individual children or youth are like- 3ly to participate for more than one year, the State edu- 4cational agency may approve the State agency's applica- 5tion for a subgrant under this chapter for a period of not 6more than 3 years. 7''SEC. 1158. TRANSITION SERVICES. 8''(a) TRANSITIONSERVICES.'--Each State agency shall 9reserve not less than 15 percent and not more than 30 per- 10cent of the amount such agency receives under this chapter 11for any fiscal year to support'-- 12''(1) projects that facilitate the transition of chil- 13dren and youth from State-operated institutions to 14schools served by local educational agencies; or 15''(2) the successful re-entry of youth offenders, 16who are age 20 or younger and have received a reg- 17ular high school diploma or its recognized equivalent, 18into postsecondary education, or career and technical 19training programs, through strategies designed to ex- 20pose the youth to, and prepare the youth for, postsec- 21ondary education, or career and technical training 22programs, such as'-- 23''(A) preplacement programs that allow ad- 24judicated or incarcerated youth to audit or at- 25tend courses on college, university, or community 26
149 'S 1177 EAH college campuses, or through programs provided 1in institutional settings; 2''(B) worksite schools, in which institutions 3of higher education and private or public em- 4ployers partner to create programs to help stu- 5dents make a successful transition to postsec- 6ondary education and employment; and 7''(C) essential support services to ensure the 8success of the youth, such as'-- 9''(i) personal, career and technical, 10and academic counseling; 11''(ii) placement services designed to 12place the youth in a university, college, or 13junior college program; 14''(iii) information concerning, and as- 15sistance in obtaining, available student fi- 16nancial aid; 17''(iv) counseling services; and 18''(v) job placement services. 19''(b) CONDUCT OFPROJECTS.'--A project supported 20under this section may be conducted directly by the State 21agency, or through a contract or other arrangement with 22one or more local educational agencies, other public agen- 23cies, or private organizations. 24
150 'S 1177 EAH ''(c) RULE OFCONSTRUCTION.'--Nothing in this sec- 1tion shall be construed to prohibit a school that receives 2funds under subsection (a) from serving neglected and de- 3linquent children and youth simultaneously with students 4with similar educational needs, in the same educational set- 5tings where appropriate. 6''SEC. 1159. TECHNICAL ASSISTANCE. 7''The Secretary shall reserve not more than 1 percent 8of the amount reserved under section 1141 to provide tech- 9nical assistance to and support State agency programs as- 10sisted under this chapter. 11''CHAPTER B'--LOCAL AGENCY PROGRAMS 12''SEC. 1161. PURPOSE. 13''The purpose of this chapter is to support the oper- 14ation of local educational agency programs that involve col- 15laboration with locally operated correctional facilities'-- 16''(1) to carry out high quality education pro- 17grams to prepare children and youth for secondary 18school completion, training, employment, or further 19education; 20''(2) to provide activities to facilitate the transi- 21tion of such children and youth from the correctional 22program to further education or employment; and 23''(3) to operate programs in local schools for chil- 24dren and youth returning from correctional facilities, 25
151 'S 1177 EAH and programs which may serve at-risk children and 1youth. 2''SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 3AGENCIES. 4''(a) LOCALSUBGRANTS.'--With funds made available 5under section 1142(b), the State educational agency shall 6award subgrants to local educational agencies with high 7numbers or percentages of children and youth residing in 8locally operated (including county operated) correctional 9facilities for children and youth (including facilities in- 10volved in community day programs). 11''(b) SPECIALRULE.'--A local educational agency that 12serves a school operated by a correctional facility is not re- 13quired to operate a program of support for children and 14youth returning from such school to a school that is not 15operated by a correctional agency but served by such local 16educational agency, if more than 30 percent of the children 17and youth attending the school operated by the correctional 18facility will reside outside the boundaries served by the local 19educational agency after leaving such facility. 20''(c) NOTIFICATION.'--A State educational agency shall 21notify local educational agencies within the State of the eli- 22gibility of such agencies to receive a subgrant under this 23chapter. 24
152 'S 1177 EAH ''(d) TRANSITIONAL ANDACADEMICSERVICES.'--Tran- 1sitional and supportive programs operated in local edu- 2cational agencies under this chapter shall be designed pri- 3marily to meet the transitional and academic needs of stu- 4dents returning to local educational agencies or alternative 5education programs from correctional facilities. Services to 6students at-risk of dropping out of school shall not have a 7negative impact on meeting the transitional and academic 8needs of the students returning from correctional facilities. 9''SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 10''Each local educational agency desiring assistance 11under this chapter shall submit an application to the State 12educational agency that contains such information as the 13State educational agency may require. Each such applica- 14tion shall include'-- 15''(1) a description of the program to be assisted; 16''(2) a description of formal agreements, regard- 17ing the program to be assisted, between'-- 18''(A) the local educational agency; and 19''(B) correctional facilities and alternative 20school programs serving children and youth in- 21volved with the juvenile justice system; 22''(3) as appropriate, a description of how par- 23ticipating schools will coordinate with facilities work- 24ing with delinquent children and youth to ensure that 25
153 'S 1177 EAH such children and youth are participating in an edu- 1cation program comparable to one operating in the 2local school such youth would attend; 3''(4) a description of the program operated by 4participating schools for children and youth return- 5ing from correctional facilities and, as appropriate, 6the types of services that such schools will provide 7such children and youth and other at-risk children 8and youth; 9''(5) a description of the characteristics (includ- 10ing learning difficulties, substance abuse problems, 11and other needs) of the children and youth who will 12be returning from correctional facilities and, as ap- 13propriate, other at-risk children and youth expected 14to be served by the program, and a description of how 15the school will coordinate existing educational pro- 16grams to meet the unique educational needs of such 17children and youth; 18''(6) as appropriate, a description of how schools 19will coordinate with existing social, health, and other 20services to meet the needs of students returning from 21correctional facilities and at-risk children or youth, 22including prenatal health care and nutrition services 23related to the health of the parent and the child or 24youth, parenting and child development classes, child 25
154 'S 1177 EAH care, targeted reentry and outreach programs, refer- 1rals to community resources, and scheduling flexi- 2bility; 3''(7) as appropriate, a description of any part- 4nerships with local businesses to develop training, 5curriculum-based youth entrepreneurship education, 6and mentoring services for participating students; 7''(8) as appropriate, a description of how the 8program will involve parents in efforts to improve the 9educational achievement of their children, assist in 10dropout prevention activities, and prevent the involve- 11ment of their children in delinquent activities; 12''(9) a description of how the program under this 13chapter will be coordinated with other Federal, State, 14and local programs, such as programs under title I 15of Public Law 105''220 and career and technical edu- 16cation programs serving at-risk children and youth; 17''(10) a description of how the program will be 18coordinated with programs operated under the Juve- 19nile Justice and Delinquency Prevention Act of 1974 20and other comparable programs, if applicable; 21''(11) as appropriate, a description of how 22schools will work with probation officers to assist in 23meeting the needs of children and youth returning 24from correctional facilities; 25
155 'S 1177 EAH ''(12) a description of the efforts participating 1schools will make to ensure correctional facilities 2working with children and youth are aware of a 3child's or youth's existing individualized education 4program; and 5''(13) as appropriate, a description of the steps 6participating schools will take to find alternative 7placements for children and youth interested in con- 8tinuing their education but unable to participate in 9a traditional public school program. 10''SEC. 1164. USES OF FUNDS. 11''(a) INGENERAL.'--Funds provided to local edu- 12cational agencies under this chapter may be used, as appro- 13priate, for'-- 14''(1) programs that serve children and youth re- 15turning to local schools from correctional facilities, to 16assist in the transition of such children and youth to 17the school environment and help them remain in 18school in order to complete their education; 19''(2) dropout prevention programs which serve 20at-risk children and youth; 21''(3) the coordination of health and social serv- 22ices for such individuals if there is a likelihood that 23the provision of such services, including day care, 24drug and alcohol counseling, and mental health serv- 25
156 'S 1177 EAH ices, will improve the likelihood such individuals will 1complete their education; 2''(4) special programs to meet the unique aca- 3demic needs of participating children and youth, in- 4cluding career and technical education, special edu- 5cation, career counseling, curriculum-based youth en- 6trepreneurship education, and assistance in securing 7student loans or grants for postsecondary education; 8and 9''(5) programs providing mentoring and peer 10mediation. 11''(b) CONTRACTS ANDGRANTS.'--A local educational 12agency may use a grant received under this chapter to carry 13out the activities described under paragraphs (1) through 14(5) of subsection (a) directly or through grants, contracts, 15or cooperative agreements. 16''SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL 17FACILITIES RECEIVING FUNDS UNDER THIS 18SECTION. 19''Each correctional facility entering into an agreement 20with a local educational agency under section 1163(2) to 21provide services to children and youth under this chapter 22shall'-- 23''(1) where feasible, ensure that educational pro- 24grams in the correctional facility are coordinated 25
157 'S 1177 EAH with the student's home school, particularly with re- 1spect to a student with an individualized education 2program under part B of the Individuals with Dis- 3abilities Education Act; 4''(2) if the child or youth is identified as in need 5of special education services while in the correctional 6facility, notify the local school of the child or youth 7of such need; 8''(3) where feasible, provide transition assistance 9to help the child or youth stay in school, including co- 10ordination of services for the family, counseling, as- 11sistance in accessing drug and alcohol abuse preven- 12tion programs, tutoring, and family counseling; 13''(4) provide support programs that encourage 14children and youth who have dropped out of school to 15re-enter school and obtain a regular high school di- 16ploma once their term at the correctional facility has 17been completed, or provide such children and youth 18with the skills necessary to gain employment or seek 19a regular high school diploma or its recognized equiv- 20alent; 21''(5) work to ensure that the correctional facility 22is staffed with effective teachers and other qualified 23staff who are trained to work with children and youth 24
158 'S 1177 EAH with disabilities taking into consideration the unique 1needs of such children and youth; 2''(6) ensure that educational programs in the 3correctional facility are related to assisting students 4to meet the States's academic standards; 5''(7) to the extent possible, use technology to as- 6sist in coordinating educational programs between the 7correctional facility and the community school; 8''(8) where feasible, involve parents in efforts to 9improve the educational achievement of their children 10and prevent the further involvement of such children 11in delinquent activities; 12''(9) coordinate funds received under this chapter 13with other local, State, and Federal funds available to 14provide services to participating children and youth, 15such as funds made available under title I of Public 16Law 105''220, and career and technical education 17funds; 18''(10) coordinate programs operated under this 19chapter with activities funded under the Juvenile Jus- 20tice and Delinquency Prevention Act of 1974 and 21other comparable programs, if applicable; 22''(11) if appropriate, work with local businesses 23to develop training, curriculum-based youth entrepre- 24
159 'S 1177 EAH neurship education, and mentoring programs for chil- 1dren and youth; and 2''(12) consult with the local educational agency 3for a period jointly determined necessary by the cor- 4rectional facility and local educational agency upon 5discharge from that facility to coordinate educational 6services so as to minimize disruption to the child's or 7youth's achievement. 8''SEC. 1166. ACCOUNTABILITY. 9''The State educational agency'-- 10''(1) may require correctional facilities or insti- 11tutions for neglected or delinquent children and youth 12to demonstrate, after receiving assistance under this 13chapter for 3 years, that there has been an increase 14in the number of children and youth returning to 15school, obtaining a regular high school diploma or its 16recognized equivalent, or obtaining employment after 17such children and youth are released; and 18''(2) may reduce or terminate funding for 19projects under this chapter if a local educational 20agency does not show progress in the number of chil- 21dren and youth obtaining a regular high school di- 22ploma or its recognized equivalent. 23
160 'S 1177 EAH ''CHAPTER C'--GENERAL PROVISIONS 1''SEC. 1171. PROGRAM EVALUATIONS. 2''(a) SCOPE OFEVALUATION.'--Each State agency or 3local educational agency that conducts a program under 4chapter A or B shall evaluate the program, disaggregating 5data on participation by gender, race, ethnicity, and age, 6while protecting individual student privacy, not less than 7once every 3 years, to determine the program's impact on 8the ability of participants'-- 9''(1) to maintain and improve educational 10achievement; 11''(2) to accrue school credits that meet State re- 12quirements for grade promotion and high school grad- 13uation; 14''(3) to make the transition to a regular program 15or other education program operated by a local edu- 16cational agency; 17''(4) to complete high school (or high school 18equivalency requirements) and obtain employment 19after leaving the correctional facility or institution 20for neglected or delinquent children and youth; and 21''(5) as appropriate, to participate in postsec- 22ondary education and job training programs. 23''(b) EXCEPTION.'--The disaggregation required under 24subsection (a) shall not be required in a case in which the 25
161 'S 1177 EAH number of students in a category is insufficient to yield 1statistically reliable information or the results would reveal 2personally identifiable information about an individual 3student. 4''(c) EVALUATIONMEASURES.'--In conducting each 5evaluation under subsection (a), a State agency or local 6educational agency shall use multiple and appropriate 7measures of student progress. 8''(d) EVALUATIONRESULTS.'--Each State agency and 9local educational agency shall'-- 10''(1) submit evaluation results to the State edu- 11cational agency and the Secretary; and 12''(2) use the results of evaluations under this sec- 13tion to plan and improve subsequent programs for 14participating children and youth. 15''SEC. 1172. DEFINITIONS. 16''In this subpart: 17''(1) ADULT CORRECTIONAL INSTITUTION.'--The 18term 'adult correctional institution' means a facility 19in which persons (including persons under 21 years 20of age) are confined as a result of a conviction for a 21criminal offense. 22''(2) AT-RISK.'--The term 'at-risk', when used 23with respect to a child, youth, or student, means a 24school-aged individual who'-- 25
162 'S 1177 EAH ''(A) is at-risk of academic failure; and 1''(B) has a drug or alcohol problem, is preg- 2nant or is a parent, has come into contact with 3the juvenile justice system in the past, is at least 41 year behind the expected grade level for the age 5of the individual, is an English learner, is a 6gang member, has dropped out of school in the 7past, or has a high absenteeism rate at school. 8''(3) COMMUNITY DAY PROGRAM.'--The term 9'community day program' means a regular program 10of instruction provided by a State agency at a com- 11munity day school operated specifically for neglected 12or delinquent children and youth. 13''(4) INSTITUTION FOR NEGLECTED OR DELIN- 14QUENT CHILDREN AND YOUTH.'--The term 'institution 15for neglected or delinquent children and youth' 16means'-- 17''(A) a public or private residential facility, 18other than a foster home, that is operated for the 19care of children who have been committed to the 20institution or voluntarily placed in the institu- 21tion under applicable State law, due to abandon- 22ment, neglect, or death of their parents or guard- 23ians; or 24
163 'S 1177 EAH ''(B) a public or private residential facility 1for the care of children who have been adju- 2dicated to be delinquent or in need of super- 3vision. 4''Subpart 4'--English Language Acquisition, 5Language Enhancement, and Academic Achievement 6''SEC. 1181. PURPOSES. 7''The purposes of this subpart are'-- 8''(1) to help ensure that English learners, includ- 9ing immigrant children and youth, attain English 10proficiency and develop high levels of academic 11achievement in English; 12''(2) to assist all English learners, including im- 13migrant children and youth, to achieve at high levels 14so that those children can meet the same State aca- 15demic standards that all children are expected to 16meet, consistent with section 1111(b)(1); 17''(3) to assist State educational agencies, local 18educational agencies, and schools in establishing, im- 19plementing, and sustaining high-quality, flexible, evi- 20dence-based language instruction educational pro- 21grams designed to assist in teaching English learners, 22including immigrant children and youth; 23''(4) to assist State educational agencies and 24local educational agencies to develop and enhance 25
164 'S 1177 EAH their capacity to provide high-quality, evidence-based 1instructional programs designed to prepare English 2learners, including immigrant children and youth, to 3enter all-English instruction settings; and 4''(5) to promote parental and community par- 5ticipation in language instruction educational pro- 6grams for the parents and communities of English 7learners. 8''CHAPTER A'--GRANTS AND SUBGRANTS 9FOR ENGLISH LANGUAGE ACQUISI- 10TION AND LANGUAGE ENHANCEMENT 11''SEC. 1191. FORMULA GRANTS TO STATES. 12''(a) INGENERAL.'--In the case of each State edu- 13cational agency having a plan approved by the Secretary 14for a fiscal year under section 1192, the Secretary shall re- 15serve 4.6 percent of funds appropriated under section 163(a)(1) to make a grant for the year to the agency for the 17purposes specified in subsection (b). The grant shall consist 18of the allotment determined for the State educational agency 19under subsection (c). 20''(b) USE OFFUNDS.'-- 21''(1) SUBGRANTS TO ELIGIBLE ENTITIES.'--The 22Secretary may make a grant under subsection (a) 23only if the State educational agency involved agrees 24to expend at least 95 percent of the State educational 25
165 'S 1177 EAH agency's allotment under subsection (c) for a fiscal 1year'-- 2''(A) to award subgrants, from allocations 3under section 1193, to eligible entities to carry 4out the activities described in section 1194 (other 5than subsection (e)); and 6''(B) to award subgrants under section 71193(d)(1) to eligible entities that are described 8in that section to carry out the activities de- 9scribed in section 1194(e). 10''(2) STATE ACTIVITIES.'--Subject to paragraph 11(3), each State educational agency receiving a grant 12under subsection (a) may reserve not more than 5 13percent of the agency's allotment under subsection (c) 14to carry out the following activities: 15''(A) Professional development activities, 16and other activities, which may include assisting 17personnel in'-- 18''(i) meeting State and local certifi- 19cation and licensing requirements for teach- 20ing English learners; and 21''(ii) improving teacher skills in meet- 22ing the diverse needs of English learners, 23including in how to implement evidence- 24
166 'S 1177 EAH based programs and curricula on teaching 1English learners. 2''(B) Planning, evaluation, administration, 3and interagency coordination related to the sub- 4grants referred to in paragraph (1). 5''(C) Providing technical assistance and 6other forms of assistance to eligible entities that 7are receiving subgrants from a State educational 8agency under this chapter, including assistance 9in'-- 10''(i) identifying and implementing evi- 11dence-based language instruction edu- 12cational programs and curricula for teach- 13ing English learners; 14''(ii) helping English learners meet the 15same State academic standards that all 16children are expected to meet; 17''(iii) identifying or developing, and 18implementing, measures of English pro- 19ficiency; and 20''(iv) strengthening and increasing 21parent, family, and community engage- 22ment. 23''(D) Providing recognition, which may in- 24clude providing financial awards, to subgrantees 25
167 'S 1177 EAH that have significantly improved the achievement 1and progress of English learners in'-- 2''(i) reaching English language pro- 3ficiency, based on the State's English lan- 4guage proficiency assessment under section 51111(b)(2)(D); and 6''(ii) meeting the State academic 7standards under section 1111(b)(1). 8''(3) ADMINISTRATIVE EXPENSES.'--From the 9amount reserved under paragraph (2), a State edu- 10cational agency may use not more than 40 percent of 11such amount or $175,000, whichever is greater, for the 12planning and administrative costs of carrying out 13paragraphs (1) and (2). 14''(c) RESERVATIONS ANDALLOTMENTS.'-- 15''(1) RESERVATIONS.'--From the amount reserved 16under section 1191(a) for each fiscal year, the Sec- 17retary shall reserve'-- 18''(A) 0.5 percent of such amount for pay- 19ments to outlying areas, to be allotted in accord- 20ance with their respective needs for assistance 21under this chapter, as determined by the Sec- 22retary, for activities, approved by the Secretary, 23consistent with this chapter; and 24
168 'S 1177 EAH ''(B) 6.5 percent of such amount for na- 1tional activities under sections 1211 and 1222, 2except that not more than $2,000,000 of such 3amount may be reserved for the National Clear- 4inghouse for English Language Acquisition and 5Language Instruction Educational Programs de- 6scribed in section 1222. 7''(2) STATE ALLOTMENTS.'-- 8''(A) IN GENERAL.'--Except as provided in 9subparagraph (B), from the amount reserved 10under section 1191(a) for each fiscal year that 11remains after making the reservations under 12paragraph (1), the Secretary shall allot to each 13State educational agency having a plan ap- 14proved under section 1192(c)'-- 15''(i) an amount that bears the same re- 16lationship to 80 percent of the remainder as 17the number of English learners in the State 18bears to the number of such children in all 19States, as determined by data available 20from the American Community Survey con- 21ducted by the Department of Commerce or 22State-reported data; and 23''(ii) an amount that bears the same 24relationship to 20 percent of the remainder 25
169 'S 1177 EAH as the number of immigrant children and 1youth in the State bears to the number of 2such children and youth in all States, as 3determined based only on data available 4from the American Community Survey con- 5ducted by the Department of Commerce. 6''(B) MINIMUM ALLOTMENTS.'--No State 7educational agency shall receive an allotment 8under this paragraph that is less than $500,000. 9''(C) REALLOTMENT.'--If any State edu- 10cational agency described in subparagraph (A) 11does not submit a plan to the Secretary for a fis- 12cal year, or submits a plan (or any amendment 13to a plan) that the Secretary, after reasonable 14notice and opportunity for a hearing, determines 15does not satisfy the requirements of this chapter, 16the Secretary shall reallot any portion of such 17allotment to the remaining State educational 18agencies in accordance with subparagraph (A). 19''(D) SPECIAL RULE FOR PUERTO RICO.'-- 20The total amount allotted to Puerto Rico for any 21fiscal year under subparagraph (A) shall not ex- 22ceed 0.5 percent of the total amount allotted to 23all States for that fiscal year. 24
170 'S 1177 EAH ''(3) USE OF DATA FOR DETERMINATIONS.'--In 1making State allotments under paragraph (2) for 2each fiscal year, the Secretary shall determine the 3number of English learners in a State and in all 4States, using the most accurate, up-to-date data, 5which shall be'-- 6''(A) data from the American Community 7Survey conducted by the Department of Com- 8merce, which may be multiyear estimates; 9''(B) the number of students being assessed 10for English language proficiency, based on the 11State's English language proficiency assessment 12under section 1111(b)(2)(D), which may be 13multiyear estimates; or 14''(C) a combination of data available under 15subparagraphs (A) and (B). 16''SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 17''(a) FILING FORSUBGRANTS.'--Each State edu- 18cational agency desiring a grant under this chapter shall 19submit a plan to the Secretary at such time and in such 20manner as the Secretary may require. 21''(b) CONTENTS.'--Each plan submitted under sub- 22section (a) shall'-- 23
171 'S 1177 EAH ''(1) describe the process that the agency will use 1in awarding subgrants to eligible entities under sec- 2tion 1193(d)(1); 3''(2) provide an assurance that'-- 4''(A) the agency will ensure that eligible en- 5tities receiving a subgrant under this chapter 6comply with the requirement in section 71111(b)(2)(B)(x) to annually assess in English 8learners who have been in the United States for 93 or more consecutive years; 10''(B) the agency will ensure that eligible en- 11tities receiving a subgrant under this chapter an- 12nually assess the English proficiency of all 13English learners participating in a program 14funded under this chapter, consistent with sec- 15tion 1111(b)(2)(D); 16''(C) in awarding subgrants under section 171193, the agency will address the needs of school 18systems of all sizes and in all geographic areas, 19including school systems with rural and urban 20schools; 21''(D) subgrants to eligible entities under sec- 22tion 1193(d)(1) will be of sufficient size and 23scope to allow such entities to carry out high- 24
172 'S 1177 EAH quality, evidence-based language instruction edu- 1cational programs for English learners; 2''(E) the agency will require an eligible en- 3tity receiving a subgrant under this chapter to 4use the subgrant in ways that will build such re- 5cipient's capacity to continue to offer high-qual- 6ity evidence-based language instruction edu- 7cational programs that assist English learners in 8meeting State academic standards; 9''(F) the agency will monitor the eligible en- 10tity receiving a subgrant under this chapter for 11compliance with applicable Federal fiscal re- 12quirements; and 13''(G) the plan has been developed in con- 14sultation with local educational agencies, teach- 15ers, administrators of programs implemented 16under this chapter, parents, and other relevant 17stakeholders; 18''(3) describe how the agency will coordinate its 19programs and activities under this chapter with other 20programs and activities under this Act and other 21Acts, as appropriate; 22''(4) describe how eligible entities in the State 23will be given the flexibility to teach English learn- 24ers'-- 25
173 'S 1177 EAH ''(A) using a high-quality, evidence-based 1language instruction curriculum for teaching 2English learners; and 3''(B) in the manner the eligible entities de- 4termine to be the most effective; and 5''(5) describe how the agency will assist eligible 6entities in increasing the number of English learners 7who acquire English proficiency. 8''(c) APPROVAL.'--The Secretary, after using a peer re- 9view process, shall approve a plan submitted under sub- 10section (a) if the plan meets the requirements of this section. 11''(d) DURATION OFPLAN.'-- 12''(1) IN GENERAL.'--Each plan submitted by a 13State educational agency and approved under sub- 14section (c) shall'-- 15''(A) remain in effect for the duration of the 16agency's participation under this chapter; and 17''(B) be periodically reviewed and revised 18by the agency, as necessary, to reflect changes to 19the agency's strategies and programs carried out 20under this subpart. 21''(2) ADDITIONAL INFORMATION.'-- 22''(A) AMENDMENTS.'--If the State edu- 23cational agency amends the plan, the agency 24shall submit such amendment to the Secretary. 25
174 'S 1177 EAH ''(B) APPROVAL.'--The Secretary shall ap- 1prove such amendment to an approved plan, un- 2less the Secretary determines that the amend- 3ment will result in the agency not meeting the 4requirements, or fulfilling the purposes, of this 5subpart. 6''(e) CONSOLIDATEDPLAN.'--A plan submitted under 7subsection (a) may be submitted as part of a consolidated 8plan under section 6302. 9''(f) SECRETARYASSISTANCE.'--The Secretary shall 10provide technical assistance, if requested by the State, in 11the development of English proficiency standards and as- 12sessments. 13''SEC. 1193. WITHIN-STATE ALLOCATIONS. 14''(a) INGENERAL.'--After making the reservation re- 15quired under subsection (d)(1), each State educational 16agency receiving a grant under section 1191(c)(2) shall 17award subgrants for a fiscal year by allocating in a timely 18manner to each eligible entity in the State having a plan 19approved under section 1195 an amount that bears the same 20relationship to the amount received under the grant and 21remaining after making such reservation as the population 22of English learners in schools served by the eligible entity 23bears to the population of English learners in schools served 24by all eligible entities in the State. 25
175 'S 1177 EAH ''(b) LIMITATION.'--A State educational agency shall 1not award a subgrant from an allocation made under sub- 2section (a) if the amount of such subgrant would be less 3than $10,000. 4''(c) REALLOCATION.'--Whenever a State educational 5agency determines that an amount from an allocation made 6to an eligible entity under subsection (a) for a fiscal year 7will not be used by the entity for the purpose for which 8the allocation was made, the agency shall, in accordance 9with such rules as it determines to be appropriate, reallo- 10cate such amount, consistent with such subsection, to other 11eligible entities in the State that the agency determines will 12use the amount to carry out that purpose. 13''(d) REQUIREDRESERVATION.'--A State educational 14agency receiving a grant under this chapter for a fiscal 15year'-- 16''(1) shall reserve not more than 15 percent of the 17agency's allotment under section 1191(c)(2) to award 18subgrants to eligible entities in the State that have ex- 19perienced a significant increase, as compared to the 20average of the 2 preceding fiscal years, in the percent- 21age or number of immigrant children and youth, who 22have enrolled, during the fiscal year preceding the fis- 23cal year for which the subgrant is made, in public 24and nonpublic elementary schools and secondary 25
176 'S 1177 EAH schools in the geographic areas under the jurisdiction 1of, or served by, such entities; and 2''(2) in awarding subgrants under paragraph 3(1)'-- 4''(A) shall equally consider eligible entities 5that satisfy the requirement of such paragraph 6but have limited or no experience in serving im- 7migrant children and youth; and 8''(B) shall consider the quality of each local 9plan under section 1195 and ensure that each 10subgrant is of sufficient size and scope to meet 11the purposes of this subpart. 12''SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 13''(a) PURPOSES OFSUBGRANTS.'--A State educational 14agency may make a subgrant to an eligible entity from 15funds received by the agency under this chapter only if the 16entity agrees to expend the funds to improve the education 17of English learners, by assisting the children to learn 18English and meet State academic standards. In carrying 19out activities with such funds, the eligible entity shall use 20evidence-based approaches and methodologies for teaching 21English learners and immigrant children and youth for the 22following purposes: 23''(1) Developing and implementing new language 24instruction educational programs and academic con- 25
177 'S 1177 EAH tent instruction programs for English learners and 1immigrant children and youth, including programs of 2early childhood education, elementary school pro- 3grams, and secondary school programs. 4''(2) Carrying out highly focused, innovative, lo- 5cally designed, evidence-based activities to expand or 6enhance existing language instruction educational 7programs and academic content instruction programs 8for English learners and immigrant children and 9youth. 10''(3) Implementing, within an individual school, 11schoolwide programs for restructuring, reforming, and 12upgrading all relevant programs, activities, and oper- 13ations relating to language instruction educational 14programs and academic content instruction for 15English learners and immigrant children and youth. 16''(4) Implementing, within the entire jurisdiction 17of a local educational agency, agencywide programs 18for restructuring, reforming, and upgrading all rel- 19evant programs, activities, and operations relating to 20language instruction educational programs and aca- 21demic content instruction for English learners and 22immigrant children and youth. 23''(b) ADMINISTRATIVEEXPENSES.'--Each eligible enti- 24ty receiving funds under section 1193(a) for a fiscal year 25
178 'S 1177 EAH shall use not more than 2 percent of such funds for the cost 1of administering this chapter. 2''(c) REQUIREDSUBGRANTEEACTIVITIES.'--An eligi- 3ble entity receiving funds under section 1193(a) shall use 4the funds'-- 5''(1) to increase the English language proficiency 6of English learners by providing high-quality, evi- 7dence-based language instruction educational pro- 8grams that meet the needs of English learners and 9have demonstrated success in increasing'-- 10''(A) English language proficiency; and 11''(B) student academic achievement; 12''(2) to provide high-quality, evidence-based pro- 13fessional development to classroom teachers (including 14teachers in classroom settings that are not the settings 15of language instruction educational programs), school 16leaders, administrators, and other school or commu- 17nity-based organization personnel, that is'-- 18''(A) designed to improve the instruction 19and assessment of English learners; 20''(B) designed to enhance the ability of 21teachers and school leaders to understand and 22implement curricula, assessment practices and 23measures, and instruction strategies for English 24learners; 25
179 'S 1177 EAH ''(C) evidence-based in increasing children's 1English language proficiency or substantially in- 2creasing the subject matter knowledge, teaching 3knowledge, and teaching skills of teachers; and 4''(D) of sufficient intensity and duration 5(which shall not include activities such as one- 6day or short-term workshops and conferences) to 7have a positive and lasting impact on the teach- 8ers' performance in the classroom, except that 9this subparagraph shall not apply to an activity 10that is one component of a long-term, com- 11prehensive professional development plan estab- 12lished by a teacher and the teacher's supervisor 13based on an assessment of the needs of the teach- 14er, the supervisor, the students of the teacher, 15and any local educational agency employing the 16teacher, as appropriate; and 17''(3) to provide and implement other evidence- 18based activities and strategies that enhance or supple- 19ment language instruction educational programs for 20English learners, including parental and community 21engagement activities and strategies that serve to co- 22ordinate and align related programs. 23''(d) AUTHORIZEDSUBGRANTEEACTIVITIES.'--Subject 24to subsection (c), an eligible entity receiving funds under 25
180 'S 1177 EAH section 1193(a) may use the funds to achieve one of the pur- 1poses described in subsection (a) by undertaking one or 2more of the following activities: 3''(1) Upgrading program objectives and effective 4instruction strategies. 5''(2) Improving the instruction program for 6English learners by identifying, acquiring, and up- 7grading curricula, instruction materials, educational 8software, and assessment procedures. 9''(3) Providing to English learners'-- 10''(A) tutorials and academic or career edu- 11cation for English learners; and 12''(B) intensified instruction. 13''(4) Developing and implementing elementary 14school or secondary school language instruction edu- 15cational programs that are coordinated with other 16relevant programs and services. 17''(5) Improving the English language proficiency 18and academic achievement of English learners. 19''(6) Providing community participation pro- 20grams, family literacy services, and parent outreach 21and training activities to English learners and their 22families'-- 23''(A) to improve the English language skills 24of English learners; and 25
181 'S 1177 EAH ''(B) to assist parents in helping their chil- 1dren to improve their academic achievement and 2becoming active participants in the education of 3their children. 4''(7) Improving the instruction of English learn- 5ers by providing for'-- 6''(A) the acquisition or development of edu- 7cational technology or instructional materials; 8''(B) access to, and participation in, elec- 9tronic networks for materials, training, and 10communication; and 11''(C) incorporation of the resources described 12in subparagraphs (A) and (B) into curricula 13and programs, such as those funded under this 14chapter. 15''(8) Carrying out other activities that are con- 16sistent with the purposes of this section. 17''(e) ACTIVITIES BYAGENCIESEXPERIENCINGSUB- 18STANTIALINCREASES INIMMIGRANTCHILDREN AND 19YOUTH.'-- 20''(1) IN GENERAL.'--An eligible entity receiving 21funds under section 1193(d)(1) shall use the funds to 22pay for activities that provide enhanced instructional 23opportunities for immigrant children and youth, 24which may include'-- 25
182 'S 1177 EAH ''(A) family literacy, parent outreach, and 1training activities designed to assist parents to 2become active participants in the education of 3their children; 4''(B) support for personnel, including para- 5professionals who have been specifically trained, 6or are being trained, to provide services to immi- 7grant children and youth; 8''(C) provision of tutorials, mentoring, and 9academic or career counseling for immigrant 10children and youth; 11''(D) identification, development, and ac- 12quisition of curricular materials, educational 13software, and technologies to be used in the pro- 14gram carried out with awarded funds; 15''(E) basic instruction services that are di- 16rectly attributable to the presence in the local 17educational agency involved of immigrant chil- 18dren and youth, including the payment of costs 19of providing additional classroom supplies, costs 20of transportation, or such other costs as are di- 21rectly attributable to such additional basic in- 22struction services; 23''(F) other instruction services that are de- 24signed to assist immigrant children and youth to 25
183 'S 1177 EAH achieve in elementary schools and secondary 1schools in the United States, such as programs of 2introduction to the educational system and civics 3education; and 4''(G) activities, coordinated with commu- 5nity-based organizations, institutions of higher 6education, private sector entities, or other enti- 7ties with expertise in working with immigrants, 8to assist parents of immigrant children and 9youth by offering comprehensive community 10services. 11''(2) DURATION OF SUBGRANTS.'--The duration 12of a subgrant made by a State educational agency 13under section 1193(d)(1) shall be determined by the 14agency in its discretion. 15''(f) SELECTION OFMETHOD OFINSTRUCTION.'-- 16''(1) IN GENERAL.'--To receive a subgrant from 17a State educational agency under this chapter, an eli- 18gible entity shall select one or more methods or forms 19of instruction to be used in the programs and activi- 20ties undertaken by the entity to assist English learn- 21ers to attain English language proficiency and meet 22State academic standards. 23''(2) CONSISTENCY.'--Such selection shall be con- 24sistent with sections 1204 through 1206. 25
184 'S 1177 EAH ''(g) SUPPLEMENT, NOTSUPPLANT.'--Federal funds 1made available under this chapter shall be used so as to 2supplement the level of Federal, State, and local public 3funds that, in the absence of such availability, would have 4been expended for programs for English learners and immi- 5grant children and youth and in no case to supplant such 6Federal, State, and local public funds. 7''SEC. 1195. LOCAL PLANS. 8''(a) FILING FORSUBGRANTS.'--Each eligible entity 9desiring a subgrant from the State educational agency 10under section 1193 shall submit a plan to the State edu- 11cational agency at such time, in such manner, and con- 12taining such information as the State educational agency 13may require. 14''(b) CONTENTS.'--Each plan submitted under sub- 15section (a) shall'-- 16''(1) describe the evidence-based programs and 17activities proposed to be developed, implemented, and 18administered under the subgrant that will help 19English learners increase their English language pro- 20ficiency and meet the State academic standards; 21''(2) describe how the eligible entity will hold ele- 22mentary schools and secondary schools receiving funds 23under this chapter accountable for annually assessing 24the English language proficiency of all children par- 25
185 'S 1177 EAH ticipating under this subpart, consistent with section 11111(b); 2''(3) describe how the eligible entity will promote 3parent and community engagement in the education 4of English learners; 5''(4) contain an assurance that the eligible entity 6consulted with teachers, researchers, school adminis- 7trators, parents and community members, public or 8private organizations, and institutions of higher edu- 9cation, in developing and implementing such plan; 10''(5) describe how language instruction edu- 11cational programs carried out under the subgrant will 12ensure that English learners being served by the pro- 13grams develop English language proficiency; and 14''(6) contain assurances that'-- 15''(A) each local educational agency that is 16included in the eligible entity is complying with 17section 1112(g) prior to, and throughout, each 18school year; and 19''(B) the eligible entity is not in violation 20of any State law, including State constitutional 21law, regarding the education of English learners, 22consistent with sections 1205 and 1206. 23''(c) TEACHERENGLISHFLUENCY.'--Each eligible en- 24tity receiving a subgrant under section 1193 shall include 25
186 'S 1177 EAH in its plan a certification that all teachers in any language 1instruction educational program for English learners that 2is, or will be, funded under this subpart are fluent in 3English and any other language used for instruction, in- 4cluding having written and oral communications skills. 5''CHAPTER B'--ADMINISTRATION 6''SEC. 1201. REPORTING. 7''(a) INGENERAL.'--Each eligible entity that receives 8a subgrant from a State educational agency under chapter 9A shall provide such agency, at the conclusion of every sec- 10ond fiscal year during which the subgrant is received, with 11a report, in a form prescribed by the agency, on the activi- 12ties conducted and students served under this subpart that 13includes'-- 14''(1) a description of the programs and activities 15conducted by the entity with funds received under 16chapter A during the two immediately preceding fis- 17cal years, including how such programs and activities 18supplemented programs funded primarily with State 19or local funds; 20''(2) a description of the progress made by 21English learners in learning the English language 22and in meeting State academic standards; 23''(3) the number and percentage of English 24learners in the programs and activities attaining 25
187 'S 1177 EAH English language proficiency based on the State 1English language proficiency standards established 2under section 1111(b)(1)(E) by the end of each school 3year, as determined by the State's English language 4proficiency assessment under section 1111(b)(2)(D); 5''(4) the number of English learners who exit the 6language instruction educational programs based on 7their attainment of English language proficiency and 8transitioned to classrooms not tailored for English 9learners; 10''(5) a description of the progress made by 11English learners in meeting the State academic 12standards for each of the 2 years after such children 13are no longer receiving services under this subpart; 14''(6) the number and percentage of English 15learners who have not attained English language pro- 16ficiency within five years of initial classification as 17an English learner and first enrollment in the local 18educational agency; and 19''(7) any such other information as the State 20educational agency may require. 21''(b) USE OFREPORT.'--A report provided by an eligi- 22ble entity under subsection (a) shall be used by the entity 23and the State educational agency'-- 24
188 'S 1177 EAH ''(1) to determine the effectiveness of programs 1and activities in assisting children who are English 2learners'-- 3''(A) to attain English language pro- 4ficiency; and 5''(B) to make progress in meeting State aca- 6demic standards under section 1111(b)(1); and 7''(2) upon determining the effectiveness of pro- 8grams and activities based on the criteria in para- 9graph (1), to decide how to improve programs. 10''SEC. 1202. ANNUAL REPORT. 11''(a) STATES.'--Based upon the reports provided to a 12State educational agency under section 1201, each such 13agency that receives a grant under this subpart shall pre- 14pare and submit annually to the Secretary a report on pro- 15grams and activities carried out by the State educational 16agency under this subpart and the effectiveness of such pro- 17grams and activities in improving the education provided 18to English learners. 19''(b) SECRETARY.'--Annually, the Secretary shall pre- 20pare and submit to the Committee on Education and the 21Workforce of the House of Representatives and the Com- 22mittee on Health, Education, Labor, and Pensions of the 23Senate a report'-- 24
189 'S 1177 EAH ''(1) on programs and activities carried out to 1serve English learners under this subpart, and the ef- 2fectiveness of such programs and activities in improv- 3ing the academic achievement and English language 4proficiency of English learners; 5''(2) on the types of language instruction edu- 6cational programs used by local educational agencies 7or eligible entities receiving funding under this sub- 8part to teach English learners; 9''(3) containing a critical synthesis of data re- 10ported by eligible entities to States under section 111201(a); 12''(4) containing a description of technical assist- 13ance and other assistance provided by State edu- 14cational agencies under section 1191(b)(2)(C); 15''(5) containing an estimate of the number of ef- 16fective teachers working in language instruction edu- 17cational programs and educating English learners, 18and an estimate of the number of such teachers that 19will be needed for the succeeding 5 fiscal years; 20''(6) containing the number of programs or ac- 21tivities, if any, that were terminated because the enti- 22ties carrying out the programs or activities were not 23able to reach program goals; 24
190 'S 1177 EAH ''(7) containing the number of English learners 1served by eligible entities receiving funding under this 2subpart who were transitioned out of language in- 3struction educational programs funded under this 4subpart into classrooms where instruction is not tai- 5lored for English learners; and 6''(8) containing other information gathered from 7other reports submitted to the Secretary under this 8subpart when applicable. 9''SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 10''In order to maximize Federal efforts aimed at serving 11the educational needs of English learners, the Secretary 12shall coordinate and ensure close cooperation with other en- 13tities carrying out programs serving language-minority 14and English learners that are administered by the Depart- 15ment and other agencies. The Secretary shall report to the 16Congress on parallel Federal programs in other agencies 17and departments. 18''SEC. 1204. RULES OF CONSTRUCTION. 19''Nothing in this subpart shall be construed'-- 20''(1) to prohibit a local educational agency from 21serving English learners simultaneously with children 22with similar educational needs, in the same edu- 23cational settings where appropriate; 24
191 'S 1177 EAH ''(2) to require a State or a local educational 1agency to establish, continue, or eliminate any par- 2ticular type of instructional program for English 3learners; or 4''(3) to limit the preservation or use of Native 5American languages. 6''SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 7''Nothing in this subpart shall be construed to negate 8or supersede State law, or the legal authority under State 9law of any State agency, State entity, or State public offi- 10cial, over programs that are under the jurisdiction of the 11State agency, entity, or official. 12''SEC. 1206. CIVIL RIGHTS. 13''Nothing in this subpart shall be construed in a man- 14ner inconsistent with any Federal law guaranteeing a civil 15right. 16''SEC. 1207. PROHIBITION. 17''In carrying out this subpart, the Secretary shall nei- 18ther mandate nor preclude the use of a particular cur- 19ricular or pedagogical approach to educating English 20learners. 21''SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER-22TO RICO. 23''Notwithstanding any other provision of this subpart, 24programs authorized under this subpart that serve Native 25
192 'S 1177 EAH American (including Native American Pacific Islander) 1children and children in the Commonwealth of Puerto Rico 2may include programs of instruction, teacher training, cur- 3riculum development, evaluation, and assessment designed 4for Native American children learning and studying Native 5American languages and children of limited Spanish pro- 6ficiency, except that an outcome of programs serving such 7children shall be increased English proficiency among such 8children. 9''CHAPTER C'--NATIONAL ACTIVITIES 10''SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 11PROJECT. 12''The Secretary shall use funds made available under 13section 1191(c)(1)(B) to award grants on a competitive 14basis, for a period of not more than 5 years, to institutions 15of higher education or public or private organizations with 16relevant experience and capacity (in consortia with State 17educational agencies or local educational agencies) to pro- 18vide for professional development activities that will im- 19prove classroom instruction for English learners and assist 20educational personnel working with such children to meet 21high professional standards, including standards for certifi- 22cation and licensure as teachers who work in language in- 23struction educational programs or serve English learners. 24Grants awarded under this subsection may be used'-- 25
193 'S 1177 EAH ''(1) for preservice, evidence-based professional 1development programs that will assist local schools 2and institutions of higher education to upgrade the 3qualifications and skills of educational personnel who 4are not certified or licensed, especially educational 5paraprofessionals; 6''(2) for the development of curricula or other in- 7structional strategies appropriate to the needs of the 8consortia participants involved; 9''(3) to support strategies that strengthen and in- 10crease parent and community member engagement in 11the education of English learners; and 12''(4) to share and disseminate evidence-based 13practices in the instruction of English learners and in 14increasing their student achievement. 15''CHAPTER D'--GENERAL PROVISIONS 16''SEC. 1221. DEFINITIONS. 17''Except as otherwise provided, in this subpart: 18''(1) CHILD.'--The term 'child' means any indi- 19vidual aged 3 through 21. 20''(2) COMMUNITY-BASED ORGANIZATION.'--The 21term 'community-based organization' means a private 22nonprofit organization of demonstrated effectiveness, 23Indian tribe, or tribally sanctioned educational au- 24thority, that is representative of a community or sig- 25
194 'S 1177 EAH nificant segments of a community and that provides 1educational or related services to individuals in the 2community. Such term includes a Native Hawaiian 3or Native American Pacific Islander native language 4educational organization. 5''(3) ELIGIBLE ENTITY.'--The term 'eligible enti- 6ty' means'-- 7''(A) one or more local educational agencies; 8or 9''(B) one or more local educational agencies, 10in consortia (or collaboration) with an institu- 11tion of higher education, community-based orga- 12nization, or State educational agency. 13''(4) IMMIGRANT CHILDREN AND YOUTH.'--The 14term 'immigrant children and youth' means individ- 15uals who'-- 16''(A) are age 3 through 21; 17''(B) were not born in any State; and 18''(C) have not been attending one or more 19schools in any one or more States for more than 203 full academic years. 21''(5) INDIAN TRIBE.'--The term 'Indian tribe' 22means any Indian tribe, band, nation, or other orga- 23nized group or community, including any Native vil- 24lage or Regional Corporation or Village Corporation 25
195 'S 1177 EAH as defined in or established pursuant to the Alaska 1Native Claims Settlement Act, that is recognized as 2eligible for the special programs and services provided 3by the United States to Indians because of their sta- 4tus as Indians. 5''(6) LANGUAGE INSTRUCTION EDUCATIONAL 6PROGRAM.'--The term 'language instruction edu- 7cational program' means an instruction course'-- 8''(A) in which an English learner is placed 9for the purpose of developing and attaining 10English language proficiency, while meeting 11State academic standards, as required by section 121111(b)(1); and 13''(B) that may make instructional use of 14both English and a child's native language to en- 15able the child to develop and attain English lan- 16guage proficiency, and may include the partici- 17pation of English language proficient children if 18such course is designed to enable all partici- 19pating children to become proficient in English 20and a second language. 21''(7) NATIVE LANGUAGE.'--The term 'native lan- 22guage', when used with reference to English learner, 23means'-- 24
196 'S 1177 EAH ''(A) the language normally used by such 1individual; or 2''(B) in the case of a child or youth, the lan- 3guage normally used by the parents of the child 4or youth. 5''(8) PARAPROFESSIONAL.'--The term 'para- 6professional' means an individual who is employed in 7a preschool, elementary school, or secondary school 8under the supervision of a certified or licensed teach- 9er, including individuals employed in language in- 10struction educational programs, special education, 11and migratory education. 12''(9) STATE.'--The term 'State' means each of the 1350 States, the District of Columbia, and the Common- 14wealth of Puerto Rico. 15''SEC. 1222. NATIONAL CLEARINGHOUSE. 16''(a) INGENERAL.'--The Secretary shall establish and 17support the operation of a National Clearinghouse for 18English Language Acquisition and Language Instruction 19Educational Programs, which shall collect, analyze, syn- 20thesize, and disseminate information about language in- 21struction educational programs for English learners, and 22related programs. The National Clearinghouse shall'-- 23''(1) be administered as an adjunct clearinghouse 24of the Educational Resources Information Center 25
197 'S 1177 EAH Clearinghouses system supported by the Institute of 1Education Sciences; 2''(2) coordinate activities with Federal data and 3information clearinghouses and entities operating 4Federal dissemination networks and systems; 5''(3) develop a system for improving the oper- 6ation and effectiveness of federally funded language 7instruction educational programs; 8''(4) collect and disseminate information on'-- 9''(A) educational research and processes re- 10lated to the education of English learners; and 11''(B) accountability systems that monitor 12the academic progress of English learners in lan- 13guage instruction educational programs, includ- 14ing information on academic content and 15English language proficiency assessments for 16language instruction educational programs; and 17''(5) publish, on an annual basis, a list of grant 18recipients under this subpart. 19''(b) CONSTRUCTION.'--Nothing in this section shall 20authorize the Secretary to hire new personnel to execute sub- 21section (a). 22''SEC. 1223. REGULATIONS. 23''In developing regulations under this subpart, the Sec- 24retary shall consult with State educational agencies and 25
198 'S 1177 EAH local educational agencies, organizations representing 1English learners, and organizations representing teachers 2and other personnel involved in the education of English 3learners. 4''Subpart 5'--Rural Education Achievement Program 5''SEC. 1230. PURPOSE. 6''It is the purpose of this subpart to address the unique 7needs of rural school districts that frequently'-- 8''(1) lack the personnel and resources needed to 9compete effectively for Federal competitive grants; 10and 11''(2) receive formula grant allocations in 12amounts too small to be effective in meeting their in- 13tended purposes. 14''CHAPTER A'--SMALL, RURAL SCHOOL 15ACHIEVEMENT PROGRAM 16''SEC. 1231. GRANT PROGRAM AUTHORIZED. 17''(a) INGENERAL.'--From amounts appropriated 18under section 3(a)(1) for a fiscal year, the Secretary shall 19reserve 0.6 of one percent to award grants to eligible local 20educational agencies to enable the local educational agencies 21to carry out activities authorized under any of the following 22provisions: 23''(1) Part A of title I. 24''(2) Title II. 25
199 'S 1177 EAH ''(3) Title III. 1''(b) ALLOCATION.'-- 2''(1) IN GENERAL.'--Except as provided in para- 3graph (3), the Secretary shall award a grant under 4subsection (a) to a local educational agency eligible 5under subsection (d) for a fiscal year in an amount 6equal to the initial amount determined under para- 7graph (2) for the fiscal year minus the total amount 8received by the agency in subpart 2 of part A of title 9II for the preceding fiscal year. 10''(2) DETERMINATION OF INITIAL AMOUNT.'--The 11initial amount referred to in paragraph (1) is equal 12to $100 multiplied by the total number of students in 13excess of 50 students, in average daily attendance at 14the schools served by the local educational agency, 15plus $20,000, except that the initial amount may not 16exceed $60,000. 17''(3) RATABLE ADJUSTMENT.'-- 18''(A) IN GENERAL.'--If the amount made 19available to carry out this section for any fiscal 20year is not sufficient to pay in full the amounts 21that local educational agencies are eligible to re- 22ceive under paragraph (1) for such year, the Sec- 23retary shall ratably reduce such amounts for 24such year. 25
200 'S 1177 EAH ''(B) ADDITIONAL AMOUNTS.'--If additional 1funds become available for making payments 2under paragraph (1) for such fiscal year, pay- 3ments that were reduced under subparagraph (A) 4shall be increased on the same basis as such pay- 5ments were reduced. 6''(c) DISBURSEMENT.'--The Secretary shall disburse 7the funds awarded to a local educational agency under this 8section for a fiscal year not later than July 1 of that fiscal 9year. 10''(d) ELIGIBILITY.'-- 11''(1) IN GENERAL.'--A local educational agency 12shall be eligible to use the applicable funding in ac- 13cordance with subsection (a) if'-- 14''(A)(i)(I) the total number of students in 15average daily attendance at all of the schools 16served by the local educational agency is fewer 17than 600; or 18''(II) each county in which a school served 19by the local educational agency is located has a 20total population density of fewer than 10 persons 21per square mile; and 22''(ii) all of the schools served by the local 23educational agency are designated with a school 24
201 'S 1177 EAH locale code of 41, 42, or 43, as determined by the 1Secretary; or 2''(B) the agency meets the criteria estab- 3lished in subparagraph (A)(i) and the Secretary, 4in accordance with paragraph (2), grants the 5local educational agency's request to waive the 6criteria described in subparagraph (A)(ii). 7''(2) CERTIFICATION.'--The Secretary shall deter- 8mine whether to waive the criteria described in para- 9graph (1)(A)(ii) based on a demonstration by the 10local educational agency, and concurrence by the 11State educational agency, that the local educational 12agency is located in an area defined as rural by a 13governmental agency of the State. 14''(3) HOLD HARMLESS.'--For a local educational 15agency that is not eligible under this chapter but met 16the eligibility requirements under this subsection as it 17was in effect prior to the date of the enactment of the 18Student Success Act, the agency shall receive'-- 19''(A) for fiscal year 2016, 75 percent of the 20amount such agency received for fiscal year 212013; 22''(B) for fiscal year 2017, 50 percent of the 23amount such agency received for fiscal year 242013; and 25
202 'S 1177 EAH ''(C) for fiscal year 2018, 25 percent of the 1amount such agency received for fiscal year 22013. 3''(e) SPECIALELIGIBILITYRULE.'--A local educational 4agency that receives a grant under this chapter for a fiscal 5year is not eligible to receive funds for such fiscal year 6under chapter B. 7''CHAPTER B'--RURAL AND LOW-INCOME 8SCHOOL PROGRAM 9''SEC. 1235. PROGRAM AUTHORIZED. 10''(a) GRANTS TOSTATES.'-- 11''(1) IN GENERAL.'--From amounts appropriated 12under section 3(a)(1) for a fiscal year, the Secretary 13shall reserve 0.6 of one percent for this chapter for a 14fiscal year that are not reserved under subsection (c) 15to award grants (from allotments made under para- 16graph (2)) for the fiscal year to State educational 17agencies that have applications submitted under sec- 18tion 1237 approved to enable the State educational 19agencies to award grants to eligible local educational 20agencies for local authorized activities described in 21section 1236(a). 22''(2) ALLOTMENT.'--From amounts described in 23paragraph (1) for a fiscal year, the Secretary shall 24allot to each State educational agency for that fiscal 25
203 'S 1177 EAH year an amount that bears the same ratio to those 1amounts as the number of students in average daily 2attendance served by eligible local educational agen- 3cies in the State for that fiscal year bears to the num- 4ber of all such students served by eligible local edu- 5cational agencies in all States for that fiscal year. 6''(3) SPECIALLY QUALIFIED AGENCIES.'-- 7''(A) ELIGIBILITY AND APPLICATION.'--If a 8State educational agency elects not to participate 9in the program under this subpart or does not 10have an application submitted under section 111237 approved, a specially qualified agency in 12such State desiring a grant under this subpart 13may submit an application under such section 14directly to the Secretary to receive an award 15under this subpart. 16''(B) DIRECT AWARDS.'--The Secretary may 17award, on a competitive basis or by formula, the 18amount the State educational agency is eligible 19to receive under paragraph (2) directly to a spe- 20cially qualified agency in the State that has sub- 21mitted an application in accordance with sub- 22paragraph (A) and obtained approval of the ap- 23plication. 24
204 'S 1177 EAH ''(C) SPECIALLY QUALIFIED AGENCY DE- 1FINED.'--In this subpart, the term 'specially 2qualified agency' means an eligible local edu- 3cational agency served by a State educational 4agency that does not participate in a program 5under this subpart in a fiscal year, that may 6apply directly to the Secretary for a grant in 7such year under this subsection. 8''(b) LOCALAWARDS.'-- 9''(1) ELIGIBILITY.'--A local educational agency 10shall be eligible to receive a grant under this subpart 11if'-- 12''(A) 20 percent or more of the children ages 135 through 17 years served by the local edu- 14cational agency are from families with incomes 15below the poverty line; and 16''(B) all of the schools served by the agency 17are designated with a school locale code of 32, 1833, 41, 42, 43, as determined by the Secretary. 19''(2) AWARD BASIS.'--A State educational agency 20shall award grants to eligible local educational agen- 21cies'-- 22''(A) on a competitive basis; 23''(B) according to a formula based on the 24number of students in average daily attendance 25
205 'S 1177 EAH served by the eligible local educational agencies 1or schools in the State; or 2''(C) according to an alternative formula, if, 3prior to awarding the grants, the State edu- 4cational agency demonstrates, to the satisfaction 5of the Secretary, that the alternative formula en- 6ables the State educational agency to allot the 7grant funds in a manner that serves equal or 8greater concentrations of children from families 9with incomes below the poverty line, relative to 10the concentrations that would be served if the 11State educational agency used the formula de- 12scribed in subparagraph (B). 13''(c) RESERVATIONS.'--From amounts reserved under 14section 1235(a)(1) for this chapter for a fiscal year, the Sec- 15retary shall reserve'-- 16''(1) one-half of 1 percent to make awards to ele- 17mentary schools or secondary schools operated or sup- 18ported by the Bureau of Indian Education, to carry 19out the activities authorized under this chapter; and 20''(2) one-half of 1 percent to make awards to the 21outlying areas in accordance with their respective 22needs, to carry out the activities authorized under this 23chapter. 24
206 'S 1177 EAH ''SEC. 1236. USES OF FUNDS. 1''(a) LOCALAWARDS.'--Grant funds awarded to local 2educational agencies under this chapter shall be used for 3activities authorized under any of the following: 4''(1) Part A of title I. 5''(2) Title II. 6''(3) Title III. 7''(b) ADMINISTRATIVECOSTS.'--A State educational 8agency receiving a grant under this chapter may not use 9more than 5 percent of the amount of the grant for State 10administrative costs and to provide technical assistance to 11eligible local educational agencies. 12''SEC. 1237. APPLICATIONS. 13''(a) INGENERAL.'--Each State educational agency or 14specially qualified agency desiring to receive a grant under 15this chapter shall submit an application to the Secretary 16at such time and in such manner as the Secretary may 17require. 18''(b) CONTENTS.'--Each application submitted under 19subsection (a) shall include'-- 20''(1) a description of how the State educational 21agency or specially qualified agency will ensure eligi- 22ble local educational agencies receiving a grant under 23this chapter will use such funds to help students meet 24the State academic standards under section 251111(b)(1); 26
207 'S 1177 EAH ''(2) if the State educational agency or specially 1qualified agency will competitively award grants to 2eligible local educational agencies, as described in sec- 3tion 1235(b)(2)(A), the application under the section 4shall include'-- 5''(A) the methods and criteria the State edu- 6cational agency or specially qualified agency 7will use for reviewing applications and award- 8ing funds to local educational agencies on a com- 9petitive basis; and 10''(B) how the State educational agency or 11specially qualified agency will notify eligible 12local educational agencies of the grant competi- 13tion; and 14''(3) a description of how the State educational 15agency or specially qualified agency will provide tech- 16nical assistance to eligible local educational agencies 17to help such agencies implement the activities de- 18scribed in section 1236(a). 19''SEC. 1238. ACCOUNTABILITY. 20''Each State educational agency or specially qualified 21agency that receives a grant under this chapter shall pre- 22pare and submit an annual report to the Secretary. The 23report shall describe'-- 24
208 'S 1177 EAH ''(1) the methods and criteria the State edu- 1cational agency or specially qualified agency used to 2award grants to eligible local educational agencies, 3and to provide assistance to schools, under this chap- 4ter; 5''(2) how local educational agencies and schools 6used funds provided under this chapter; and 7''(3) the degree to which progress has been made 8toward having all students meet the State academic 9standards under section 1111(b)(1). 10''SEC. 1239. CHOICE OF PARTICIPATION. 11''(a) INGENERAL.'--If a local educational agency is 12eligible for funding under chapters A and B of this subpart, 13such local educational agency may receive funds under ei- 14ther chapter A or chapter B for a fiscal year, but may not 15receive funds under both chapters. 16''(b) NOTIFICATION.'--A local educational agency eligi- 17ble for both chapters A and B of this subpart shall notify 18the Secretary and the State educational agency under which 19of such chapters such local educational agency intends to 20receive funds for a fiscal year by a date that is established 21by the Secretary for the notification. 22
209 'S 1177 EAH ''CHAPTER C'--GENERAL PROVISIONS 1''SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-2MINATION. 3''(a) CENSUSDETERMINATION.'--Each local edu- 4cational agency desiring a grant under section 1231 and 5each local educational agency or specially qualified agency 6desiring a grant under chapter B shall'-- 7''(1) not later than December 1 of each year, con- 8duct a census to determine the number of students in 9average daily attendance in kindergarten through 10grade 12 at the schools served by the agency; and 11''(2) not later than March 1 of each year, submit 12the number described in paragraph (1) to the Sec- 13retary (and to the State educational agency, in the 14case of a local educational agency seeking a grant 15under subpart 2). 16''(b) PENALTY.'--If the Secretary determines that a 17local educational agency or specially qualified agency has 18knowingly submitted false information under subsection (a) 19for the purpose of gaining additional funds under section 201231 or chapter B, then the agency shall be fined an amount 21equal to twice the difference between the amount the agency 22received under this section and the correct amount the agen- 23cy would have received under section 1231 or chapter B 24
210 'S 1177 EAH if the agency had submitted accurate information under 1subsection (a). 2''SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 3''Funds made available under chapter A or chapter B 4shall be used to supplement, and not supplant, any other 5Federal, State, or local education funds. 6''SEC. 1243. RULE OF CONSTRUCTION. 7''Nothing in this subpart shall be construed to prohibit 8a local educational agency that enters into cooperative ar- 9rangements with other local educational agencies for the 10provision of special, compensatory, or other education serv- 11ices, pursuant to State law or a written agreement, from 12entering into similar arrangements for the use, or the co- 13ordination of the use, of the funds made available under 14this subpart.''. 15(b) STRIKE.'--The Act is amended by striking title VII 16(20 U.S.C. 7401 et seq.). 17Subtitle D'--National Assessment 18SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 19(a) INGENERAL.'--Part E of title I (20 U.S.C. 6491 20et seq.) is redesignated as part B of title I. 21(b) REPEALS.'--Sections 1502 and 1504 (20 U.S.C. 226492; 6494) are repealed. 23
211 'S 1177 EAH (c) REDESIGNATIONS.'--Sections 1501 and 1503 (20 1U.S.C. 6491; 6493) are redesignated as sections 1301 and 21302, respectively. 3(d) AMENDMENTS TOSECTION1301.'--Section 1301 4(20 U.S.C. 6491), as so redesignated, is amended'-- 5(1) in subsection (a)'-- 6(A) in paragraph (1), by inserting '', acting 7through the Director of the Institute of Edu- 8cation Sciences (in this section and section 1302 9referred to as the 'Director'),'' after ''The Sec- 10retary''; 11(B) in paragraph (2)'-- 12(i) by striking ''Secretary'' and insert- 13ing ''Director''; 14(ii) in subparagraph (A), by striking 15''reaching the proficient level'' and all that 16follows and inserting ''graduating high 17school prepared for postsecondary education 18or the workforce.''; 19(iii) in subparagraph (B), by striking 20''reach the proficient'' and all that follows 21and inserting ''meet State academic stand- 22ards.''; 23(iv) by striking subparagraphs (D) 24and (G) and redesignating subparagraphs 25
212 'S 1177 EAH (E), (F), and (H) through (O) as subpara- 1graphs (D) through (M), respectively; 2(v) in subparagraph (D)(v) (as so re- 3designated), by striking ''help schools in 4which'' and all that follows and inserting 5''address disparities in the percentages of ef- 6fective teachers teaching in low-income 7schools.''; 8(vi) in subparagraph (G) (as so redes- 9ignated)'-- 10(I) by striking ''section 1116'' and 11inserting ''section 1111(b)(3)(B)(iii)''; 12and 13(II) by striking '', including the 14following'' and all that follows and in- 15serting a period; 16(vii) in subparagraph (I) (as so redes- 17ignated), by striking ''qualifications'' and 18inserting ''effectiveness''; 19(viii) in subparagraph (J) (as so redes- 20ignated), by striking '', including funds 21under section 1002,''; 22(ix) in subparagraph (L) (as so redes- 23ignated), by striking ''section 24
213 'S 1177 EAH 1111(b)(2)(C)(v)(II)'' and inserting ''section 11111(b)(3)(B)(ii)(II)''; and 2(x) in subparagraph (M) (as so redes- 3ignated), by striking ''Secretary'' and in- 4serting ''Director''; 5(C) in paragraph (3), by striking ''Sec- 6retary'' and inserting ''Director''; 7(D) in paragraph (4), by striking ''Sec- 8retary'' and inserting ''Director''; 9(E) in paragraph (5), by striking ''Sec- 10retary'' and inserting ''Director''; and 11(F) in paragraph (6)'-- 12(i) by striking ''No Child Left Behind 13Act of 2001'' each place it appears and in- 14serting ''Student Success Act''; and 15(ii) by striking ''Secretary'' each place 16it appears and inserting ''Director''; 17(2) in subsection (b), by striking ''Secretary'' 18each place it appears and inserting ''Director''; 19(3) in subsection (c)'-- 20(A) in paragraph (1)'-- 21(i) by striking ''Secretary'' and insert- 22ing ''Director''; and 23(ii) by striking ''part A'' and inserting 24''subpart 1 of part A''; 25
214 'S 1177 EAH (B) in paragraph (2)'-- 1(i) by striking ''Secretary'' and insert- 2ing ''Director''; 3(ii) in subparagraph (B), by striking 4''challenging academic achievement stand- 5ards'' and inserting ''State academic stand- 6ards''; 7(iii) in subparagraph (E), by striking 8''effects of the availability'' and all that fol- 9lows and inserting ''extent to which actions 10authorized under section 1111(b)(3)(B)(iii) 11improve the academic achievement of dis- 12advantaged students and low-performing 13schools.''; and 14(iv) in subparagraph (F), by striking 15''Secretary'' and inserting ''Director''; and 16(C) in paragraph (3)'-- 17(i) by striking ''Secretary'' and insert- 18ing ''Director''; and 19(ii) by striking subparagraph (C) and 20inserting the following: 21''(C) analyzes varying models or strategies 22for delivering school services, including 23schoolwide and targeted services.''; and 24
215 'S 1177 EAH (4) in subsection (d), by striking ''Secretary'' 1each place it appears and inserting ''Director''. 2(e) AMENDMENTS TOSECTION1302.'--Section 1302 3(20 U.S.C. 6493), as so redesignated, is amended'-- 4(1) in subsection (a)'-- 5(A) by striking ''Secretary'' and inserting 6''Director''; and 7(B) by striking ''and for making decisions 8about the promotion and graduation of stu- 9dents''; 10(2) in subsection (b)'-- 11(A) by striking ''Secretary'' the first place 12it appears and inserting ''Director''; 13(B) by striking ''process,'' and inserting 14''process consistent with section 1111(e)(1),''; and 15(C) by striking ''Assistant Secretary of 16Educational Research and Improvement'' and 17inserting ''Director''; 18(3) in subsection (d)'-- 19(A) in paragraph (1)'-- 20(i) in subparagraph (A), by striking 21''to the State-defined level of proficiency'' 22and inserting ''toward meeting the State 23academic standards''; and 24
216 'S 1177 EAH (ii) in subparagraph (C), by striking 1''pupil-services'' and inserting ''specialized 2instructional support services''; 3(B) in paragraph (3), by striking ''limited 4and nonlimited English proficient students'' and 5inserting ''English learners and non-English 6learners''; and 7(C) in paragraph (6), by striking ''Sec- 8retary'' and inserting ''Director''; and 9(4) in subsection (f)'-- 10(A) by striking ''Secretary'' and inserting 11''Director''; and 12(B) by striking ''authorized to be appro- 13priated for this part'' and inserting ''appro- 14priated under section 3(a)(2)''. 15Subtitle E'--Title I General 16Provisions 17SEC. 151. GENERAL PROVISIONS FOR TITLE I. 18Part I of title I (20 U.S.C. 6571 et seq.)'-- 19(1) is transferred to appear after part B (as re- 20designated); and 21(2) is amended to read as follows: 22
217 'S 1177 EAH ''PART C'--GENERAL PROVISIONS 1''SEC. 1401. FEDERAL REGULATIONS. 2''(a) INGENERAL.'--The Secretary may, in accordance 3with subsections (b) through (d), issue such regulations as 4are necessary to reasonably ensure there is compliance with 5this title. 6''(b) NEGOTIATEDRULEMAKINGPROCESS.'-- 7''(1) IN GENERAL.'--Before publishing in the 8Federal Register proposed regulations to carry out 9this title, the Secretary shall obtain the advice and 10recommendations of representatives of Federal, State, 11and local administrators, parents, teachers, and mem- 12bers of local school boards and other organizations in- 13volved with the implementation and operation of pro- 14grams under this title, including those representatives 15and members nominated by local and national stake- 16holder representatives. 17''(2) MEETINGS AND ELECTRONIC EXCHANGE.'-- 18Such advice and recommendations may be obtained 19through such mechanisms as regional meetings and 20electronic exchanges of information. Such regional 21meetings and electronic exchanges of information 22shall be public and notice of such meetings and ex- 23changes shall be provided to interested stakeholders. 24
218 'S 1177 EAH ''(3) PROPOSED REGULATIONS.'--After obtaining 1such advice and recommendations, and before pub- 2lishing proposed regulations, the Secretary shall'-- 3''(A) establish a negotiated rulemaking 4process; 5''(B) select individuals to participate in 6such process from among individuals or groups 7that provided advice and recommendations, in- 8cluding representation from all geographic re- 9gions of the United States, in such numbers as 10will provide an equitable balance between rep- 11resentatives of parents and students and rep- 12resentatives of educators and education officials; 13and 14''(C) prepare a draft of proposed policy op- 15tions that shall be provided to the individuals se- 16lected by the Secretary under subparagraph (B) 17not less than 15 days before the first meeting 18under such process. 19''(c) PROPOSEDRULEMAKING.'--If the Secretary deter- 20mines that a negotiated rulemaking process is unnecessary 21or the individuals selected to participate in the process 22under paragraph (3)(B) fail to reach unanimous agree- 23ment, the Secretary may propose regulations under the fol- 24lowing procedure: 25
219 'S 1177 EAH ''(1) Not less than 30 days prior to beginning a 1rulemaking process, the Secretary shall provide to 2Congress, including the Committee on Education and 3the Workforce of the House of Representatives and the 4Committee on Health, Education, Labor, and Pen- 5sions of the Senate, notice that shall include'-- 6''(A) a copy of the proposed regulations; 7''(B) the need to issue regulations; 8''(C) the anticipated burden, including the 9time, cost, and paperwork burden, the regula- 10tions will have on State educational agencies, 11local educational agencies, schools, and other en- 12tities that may be impacted by the regulations; 13and 14''(D) any regulations that will be repealed 15when the new regulations are issued. 16''(2) 30 days after giving notice of the proposed 17rule to Congress, the Secretary may proceed with the 18rulemaking process after all comments received from 19the Congress have been addressed and publishing how 20such comments are addressed with the proposed rule. 21''(3) The comment and review period for any 22proposed regulation shall be 90 days unless an emer- 23gency requires a shorter period, in which case such 24
220 'S 1177 EAH period shall be not less than 45 days and the Sec- 1retary shall'-- 2''(A) designate the proposed regulation as 3an emergency with an explanation of the emer- 4gency in the notice and report to Congress under 5paragraph (1); and 6''(B) publish the length of the comment and 7review period in such notice and in the Federal 8Register. 9''(4) No regulation shall be made final after the 10comment and review period until the Secretary has 11published in the Federal Register an independent as- 12sessment (which shall include a representative sam- 13pling of local educational agencies based on local edu- 14cational agency enrollment, urban, suburban, or rural 15character, and other factors impacted by the proposed 16regulation) of'-- 17''(A) the burden, including the time, cost, 18and paperwork burden, the regulation will im- 19pose on State educational agencies, local edu- 20cational agencies, schools and other entities that 21may be impacted by the regulation; 22''(B) an explanation of how the entities de- 23scribed in subparagraph (A) may cover the cost 24
221 'S 1177 EAH of the burden assessed under subparagraph (A); 1and 2''(C) the proposed regulation, which thor- 3oughly addresses, based on the comments received 4during the comment and review period under 5paragraph (3), whether the rule is financially, 6operationally, and educationally viable at the 7local level. 8''(d) LIMITATION.'--Regulations to carry out this title 9may not require local programs to follow a particular in- 10structional model, such as the provision of services outside 11the regular classroom or school program. 12''SEC. 1402. AGREEMENTS AND RECORDS. 13''(a) AGREEMENTS.'--In the case in which a negotiated 14rule making process is established under subsection (b) of 15section 1401, all published proposed regulations shall con- 16form to agreements that result from the rulemaking de- 17scribed in section 1401 unless the Secretary reopens the ne- 18gotiated rulemaking process. 19''(b) RECORDS.'--The Secretary shall ensure that an 20accurate and reliable record of agreements reached during 21the negotiations process is maintained. 22''SEC. 1403. STATE ADMINISTRATION. 23''(a) RULEMAKING.'-- 24
222 'S 1177 EAH ''(1) IN GENERAL.'--Each State that receives 1funds under this title shall'-- 2''(A) ensure that any State rules, regula- 3tions, and policies relating to this title conform 4to the purposes of this title and provide any such 5proposed rules, regulations, and policies to the 6committee of practitioners created under sub- 7section (b) for review and comment; 8''(B) minimize such rules, regulations, and 9policies to which the State's local educational 10agencies and schools are subject; 11''(C) eliminate or modify State and local 12fiscal accounting requirements in order to facili- 13tate the ability of schools to consolidate funds 14under schoolwide programs; 15''(D) identify any such rule, regulation, or 16policy as a State-imposed requirement; and 17''(E)(i) identify any duplicative or con- 18trasting requirements between the State and Fed- 19eral rules or regulations; 20''(ii) eliminate the rules and regulations 21that are duplicative of Federal requirements; and 22''(iii) report any conflicting requirements to 23the Secretary and determine which Federal or 24State rule or regulation shall be followed. 25
223 'S 1177 EAH ''(2) SUPPORT AND FACILITATION.'--State rules, 1regulations, and policies under this title shall support 2and facilitate local educational agency and school- 3level systemic reform designed to enable all children 4to meet the State academic standards. 5''(b) COMMITTEE OFPRACTITIONERS.'-- 6''(1) IN GENERAL.'--Each State educational 7agency that receives funds under this title shall create 8a State committee of practitioners to advise the State 9in carrying out its responsibilities under this title. 10''(2) MEMBERSHIP.'--Each such committee shall 11include'-- 12''(A) as a majority of its members, rep- 13resentatives from local educational agencies; 14''(B) administrators, including the admin- 15istrators of programs described in other parts of 16this title; 17''(C) teachers from public charter schools, 18traditional public schools, and career and tech- 19nical educators; 20''(D) parents; 21''(E) members of local school boards; 22''(F) representatives of public charter school 23authorizers; 24''(G) public charter school leaders; 25
224 'S 1177 EAH ''(H) representatives of private school chil- 1dren; and 2''(I) specialized instructional support per- 3sonnel. 4''(3) DUTIES.'--The duties of such committee 5shall include a review, before publication, of any pro- 6posed or final State rule or regulation pursuant to 7this title. In an emergency situation where such rule 8or regulation must be issued within a very limited 9time to assist local educational agencies with the op- 10eration of the program under this title, the State edu- 11cational agency may issue a regulation without prior 12consultation, but shall immediately thereafter convene 13the State committee of practitioners to review the 14emergency regulation before issuance in final form. 15''SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 16SPENDING. 17''Nothing in this title shall be construed to mandate 18or prohibit equalized spending per pupil for a State, local 19educational agency, or school. 20''SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE 21BARGAINING. 22''Nothing in this title shall be construed to alter or oth- 23erwise affect the rights, remedies, and procedures afforded 24to school or local educational agency employees under Fed- 25
225 'S 1177 EAH eral, State, or local laws (including applicable regulations 1or court orders) or under the terms of collective bargaining 2agreements, memoranda of understanding, or other agree- 3ments between such employers and their employees.''. 4TITLE II'--TEACHER PREPARA-5TION AND EFFECTIVENESS 6SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 7(a) HEADING.'--The title heading for title II (20 8U.S.C. 6601 et seq.) is amended to read as follows: 9''TITLE II'--TEACHER PREPARA-10TION AND EFFECTIVENESS''. 11(b) PARTA.'--Part A of title II (20 U.S.C. 6601 et 12seq.) is amended to read as follows: 13''PART A'--SUPPORTING EFFECTIVE INSTRUCTION 14''SEC. 2101. PURPOSE. 15''The purpose of this part is to provide grants to State 16educational agencies and subgrants to local educational 17agencies to'-- 18''(1) increase student achievement consistent with 19State academic standards under section 1111(b)(1); 20''(2) improve teacher and school leader effective- 21ness in classrooms and schools, respectively; 22''(3) provide evidence-based, job-embedded, con- 23tinuous professional development; and 24
226 'S 1177 EAH ''(4) if a State educational agency or local edu- 1cational agency so chooses, develop and implement 2teacher evaluation systems that use, in part, student 3achievement data to determine teacher effectiveness. 4''Subpart 1'--Grants to States 5''SEC. 2111. ALLOTMENTS TO STATES. 6''(a) INGENERAL.'--Of the amounts appropriated 7under section 3(b), the Secretary shall reserve 75 percent 8to make grants to States with applications approved under 9section 2112 to pay for the Federal share of the cost of car- 10rying out the activities specified in section 2113. Each 11grant shall consist of the allotment determined for a State 12under subsection (b). 13''(b) DETERMINATION OFALLOTMENTS.'-- 14''(1) RESERVATION OF FUNDS.'--Of the amount 15reserved under subsection (a) for a fiscal year, the 16Secretary shall reserve'-- 17''(A) not more than 1 percent to carry out 18national activities under section 2132; 19''(B) one-half of 1 percent for allotments to 20outlying areas on the basis of their relative need, 21as determined by the Secretary, in accordance 22with the purpose of this part; and 23''(C) one-half of 1 percent for the Secretary 24of the Interior for programs under this part in 25
227 'S 1177 EAH schools operated or funded by the Bureau of In- 1dian Education. 2''(2) STATE ALLOTMENTS.'-- 3''(A) IN GENERAL.'--Subject to subpara- 4graph (B), from the funds reserved under sub- 5section (a) for any fiscal year and not reserved 6under paragraph (1), the Secretary shall allot to 7each State the sum of'-- 8''(i) an amount that bears the same re- 9lationship to 50 percent of the funds as the 10number of individuals age 5 through 17 in 11the State, as determined by the Secretary on 12the basis of the most recent satisfactory 13data, bears to the number of those individ- 14uals in all such States, as so determined; 15and 16''(ii) an amount that bears the same 17relationship to 50 percent of the funds as 18the number of individuals age 5 through 17 19from families with incomes below the pov- 20erty line in the State, as determined by the 21Secretary on the basis of the most recent 22satisfactory data, bears to the number of 23those individuals in all such States, as so 24determined. 25
228 'S 1177 EAH ''(B) SMALL STATE MINIMUM.'--No State re- 1ceiving an allotment under subparagraph (A) 2may receive less than one-half of 1 percent of the 3total amount of funds allotted under such sub- 4paragraph for a fiscal year. 5''(C) APPLICABILITY.'-- 6''(i) IN GENERAL.'--Subparagraph (A) 7shall not apply with respect to a fiscal year 8unless the Secretary certifies in writing to 9Congress for that fiscal year that the 10amount of funds allotted under subpara- 11graph (A) to local educational agencies that 12serve a high percentage of students from 13families with incomes below the poverty line 14is not less than the amount allotted to such 15local educational agencies for fiscal year 162015. 17''(ii) SPECIAL RULE.'--For a fiscal 18year for which subparagraph (A) does not 19apply, the Secretary shall allocate to each 20State the funds described in subparagraph 21(A) according to the formula set forth in 22subsection (b)(2)(B)(i) of this section as in 23effect on the day before the date of the enact- 24ment of the Student Success Act. 25
229 'S 1177 EAH ''(c) REALLOTMENT.'--If a State does not apply for an 1allotment under this section for any fiscal year or only a 2portion of the State's allotment is allotted under subsection 3(b)(2), the Secretary shall reallot the State's entire allot- 4ment or the remaining portion of its allotment, as the case 5may be, to the remaining States in accordance with sub- 6section (b). 7''SEC. 2112. STATE APPLICATION. 8''(a) INGENERAL.'--For a State to be eligible to receive 9a grant under this subpart, the State educational agency 10shall submit an application to the Secretary at such time 11and in such a manner as the Secretary may reasonably 12require, which shall include the following: 13''(1) A description of how the State educational 14agency will meet the requirements of this subpart. 15''(2) A description of how the State educational 16agency will use a grant received under section 2111, 17including the grant funds the State will reserve for 18State-level activities under section 2113(a)(2). 19''(3) A description of how the State educational 20agency will facilitate the sharing of evidence-based 21and other effective strategies among local educational 22agencies. 23''(4) A description of how, and under what 24timeline, the State educational agency will allocate 25
230 'S 1177 EAH subgrants under subpart 2 to local educational agen- 1cies. 2''(5) If applicable, a description of how the State 3educational agency will work with local educational 4agencies in the State to develop or implement a teach- 5er or school leader evaluation system. 6''(6) An assurance that the State educational 7agency will comply with section 6501 (regarding par- 8ticipation by private school children and teachers). 9''(7) A description of how the State will estab- 10lish, implement, or improve policies and procedures 11on background checks for school employees and con- 12tractors who have direct unsupervised access to stu- 13dents, which may be conducted and administered by 14the State or local educational agencies, including 15by'-- 16''(A) expanding the registries or repositories 17searched when conducting background checks, in- 18cluding'-- 19''(i) the State criminal registry or re- 20pository of the State in which the school em- 21ployee resides; 22''(ii) the State-based child abuse and 23neglect registries and databases of the State 24in which the school employee resides; 25
231 'S 1177 EAH ''(iii) the Federal Bureau of Investiga- 1tion fingerprint check using the Integrated 2Automated Fingerprint Identification Sys- 3tem; 4''(iv) the National Sex Offender Reg- 5istry established under the Adam Walsh 6Child Protection and Safety Act of 2006 (42 7U.S.C. 16901 et seq.); and 8''(v) the National Crime Information 9Center; 10''(B) establishing, implementing, or improv- 11ing policies and procedures that prohibit em- 12ploying as a school employee an individual 13who'-- 14''(i) refuses to consent to a background 15check; 16''(ii) makes false statements in connec- 17tion with a background check; 18''(iii) has been convicted of a felony, 19consisting of'-- 20''(I) homicide; 21''(II) child abuse or neglect; 22''(III) a crime against children, 23including child pornography; 24''(IV) domestic violence; 25
232 'S 1177 EAH ''(V) a crime involving rape or 1sexual assault; 2''(VI) kidnaping; 3''(VII) arson; or 4''(VIII) physical assault, battery, 5or a drug-related offense, committed on 6or after the date that is 5 years before 7the date of the individual's criminal 8background check; 9''(iv) has been convicted of any other 10crimes, as determined by the State; or 11''(v) is registered or required to be reg- 12istered on a State sex offender registry or 13the National Sex Offender Registry estab- 14lished under the Adam Walsh Child Protec- 15tion and Safety Act of 2006 (42 U.S.C. 1616901 et seq.); 17''(C) establishing, implementing, or improv- 18ing policies and procedures for States, local edu- 19cational agencies, or schools to provide the re- 20sults of background checks to'-- 21''(i) individuals subject to the back- 22ground checks in a statement that indicates 23whether the individual is ineligible for such 24employment due to the background check 25
233 'S 1177 EAH and includes information related to each 1disqualifying crime; 2''(ii) the employer in a statement that 3indicates whether a school employee is eligi- 4ble or ineligible for employment, without re- 5vealing any disqualifying crime or other re- 6lated information regarding the individual; 7''(iii) another employer in the same 8State or another State, as permitted under 9State law, without revealing any disquali- 10fying crime or other related information re- 11garding the individual; and 12''(iv) another local educational agency 13in the same State or another State that is 14considering such school employee for em- 15ployment, as permitted under State law, 16without revealing any disqualifying crime 17or other related information regarding the 18individual; and 19''(D) developing, implementing, or improv- 20ing mechanisms to assist local educational agen- 21cies and schools in effectively recognizing and 22quickly responding to incidents of child abuse by 23school employees. 24
234 'S 1177 EAH ''(8) A description of any subjects the State has 1identified as being workforce critical subjects pursu- 2ant to section 2234(6). 3''(b) DEEMEDAPPROVAL.'--An application submitted 4by a State educational agency under subsection (a) shall 5be deemed to be approved by the Secretary unless the Sec- 6retary makes a written determination, prior to the expira- 7tion of the 120-day period beginning on the date on which 8the Secretary received the application, that the application 9is not in compliance with this subpart. 10''(c) DISAPPROVAL.'--The Secretary shall not finally 11disapprove an application, except after giving the State 12educational agency notice and an opportunity for a hear- 13ing. 14''(d) NOTIFICATION.'--If the Secretary finds that an 15application is not in compliance, in whole or in part, with 16this subpart, the Secretary shall'-- 17''(1) give the State educational agency notice 18and an opportunity for a hearing; and 19''(2) notify the State educational agency of the 20finding of noncompliance and, in such notification, 21shall'-- 22''(A) cite the specific provisions in the ap- 23plication that are not in compliance; and 24
235 'S 1177 EAH ''(B) request additional information, only 1as to the noncompliant provisions, needed to 2make the application compliant. 3''(e) RESPONSE.'--If a State educational agency re- 4sponds to a notification from the Secretary under subsection 5(d)(2) during the 45-day period beginning on the date on 6which the agency received the notification, and resubmits 7the application with the requested information described in 8subsection (d)(2)(B), the Secretary shall approve or dis- 9approve such application prior to the later of'-- 10''(1) the expiration of the 45-day period begin- 11ning on the date on which the application is resub- 12mitted; or 13''(2) the expiration of the 120-day period de- 14scribed in subsection (b). 15''(f) FAILURETORESPOND.'--If a State educational 16agency does not respond to a notification from the Secretary 17under subsection (d)(2) during the 45-day period beginning 18on the date on which the agency received the notification, 19such application shall be deemed to be disapproved. 20''SEC. 2113. STATE USE OF FUNDS. 21''(a) INGENERAL.'--A State educational agency that 22receives a grant under section 2111 shall'-- 23
236 'S 1177 EAH ''(1) reserve 95 percent of the grant funds to 1make subgrants to local educational agencies under 2subpart 2; and 3''(2) use the remainder of the funds, after reserv- 4ing funds under paragraph (1), for the State activi- 5ties described in subsection (b), except that the State 6may reserve not more than 1 percent of the grant 7funds for planning and administration related to car- 8rying out activities described in subsection (b). 9''(b) STATE-LEVELACTIVITIES.'--A State educational 10agency that receives a grant under section 2111'-- 11''(1) shall use the amount described in subsection 12(a)(2) to fulfill the State educational agency's respon- 13sibilities with respect to the proper and efficient ad- 14ministration of the subgrant program carried out 15under this part; and 16''(2) may use the amount described in subsection 17(a)(2) to'-- 18''(A) provide training and technical assist- 19ance to local educational agencies on'-- 20''(i) in the case of a State educational 21agency not implementing a statewide teach- 22er evaluation system'-- 23
237 'S 1177 EAH ''(I) the development and imple- 1mentation of a teacher evaluation sys- 2tem; and 3''(II) training school leaders in 4using such evaluation system; or 5''(ii) in the case of a State educational 6agency implementing a statewide teacher 7evaluation system, implementing such eval- 8uation system; 9''(B) disseminate and share evidence-based 10and other effective practices, including practices 11consistent with the principles of effectiveness de- 12scribed in section 2222(b), related to teacher and 13school leader effectiveness and professional devel- 14opment; 15''(C) provide professional development for 16teachers, school leaders, and if appropriate, spe- 17cialized instructional support personnel in the 18State consistent with section 2123(6); 19''(D) provide training and technical assist- 20ance to local educational agencies on'-- 21''(i) in the case of a State educational 22agency not implementing a statewide school 23leader evaluation system, the development 24
238 'S 1177 EAH and implementation of a school leader eval- 1uation system; and 2''(ii) in the case of a State educational 3agency implementing a statewide school 4leader evaluation system, implementing 5such evaluation system; 6''(E) develop and implement policies in the 7State to address any teacher workforce shortages 8in high-need subjects, including in science, tech- 9nology, engineering, math, computer science, and 10foreign languages; and 11''(F) support State or local pay for success 12initiatives that meet the purposes of this part. 13''Subpart 2'--Subgrants to Local Educational 14Agencies 15''SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-16CIES. 17''(a) INGENERAL.'--Each State receiving a grant 18under section 2111 shall use the funds reserved under sec- 19tion 2113(a)(1) to award subgrants to local educational 20agencies under this section. 21''(b) ALLOCATION OFFUNDS.'--From the funds re- 22served by a State under section 2113(a)(1), the State edu- 23cational agency shall allocate to each local educational 24agency in the State the sum of'-- 25
239 'S 1177 EAH ''(1) an amount that bears the same relationship 1to 50 percent of the funds as the number of individ- 2uals age 5 through 17 in the geographic area served 3by the local educational agency, as determined by the 4State on the basis of the most recent satisfactory data, 5bears to the number of those individuals in the geo- 6graphic areas served by all the local educational agen- 7cies in the State, as so determined; and 8''(2) an amount that bears the same relationship 9to 50 percent of the funds as the number of individ- 10uals age 5 through 17 from families with incomes 11below the poverty line in the geographic area served 12by the local educational agency, as determined by the 13State on the basis of the most recent satisfactory data, 14bears to the number of those individuals in the geo- 15graphic areas served by all the local educational agen- 16cies in the State, as so determined. 17''SEC. 2122. LOCAL APPLICATIONS. 18''To be eligible to receive a subgrant under this sub- 19part, a local educational agency shall submit an applica- 20tion to the State educational agency involved at such time, 21in such a manner, and containing such information as the 22State educational agency may reasonably require that, at 23a minimum, shall include the following: 24''(1) A description of'-- 25
240 'S 1177 EAH ''(A) how the local educational agency will 1meet the requirements of this subpart; 2''(B) how the activities to be carried out by 3the local educational agency under this subpart 4will be evidence-based, improve student academic 5achievement, and improve teacher and school 6leader effectiveness; and 7''(C) if applicable, how, the local edu- 8cational agency will work with parents, teachers, 9school leaders, and other staff of the schools 10served by the local educational agency in devel- 11oping and implementing a teacher evaluation 12system. 13''(2) If applicable, a description of how the local 14educational agency will develop and implement a 15teacher or school leader evaluation system. 16''(3) An assurance that the local educational 17agency will comply with section 6501 (regarding par- 18ticipation by private school children and teachers). 19''SEC. 2123. LOCAL USE OF FUNDS. 20''A local educational agency receiving a subgrant 21under this subpart may use such funds for'-- 22''(1) the development and implementation of a 23teacher evaluation system, administered through 24
241 'S 1177 EAH school leaders based on input from stakeholders listed 1in subparagraph (E), that may'-- 2''(A) use student achievement data derived 3from a variety of sources as a significant factor 4in determining a teacher's evaluation, with the 5weight given to such data defined by the local 6educational agency; 7''(B) use multiple measures of evaluation 8for evaluating teachers; 9''(C) have more than 2 categories for rating 10the performance of teachers; 11''(D) be used to make personnel decisions, as 12determined by the local educational agency; and 13''(E) be based on input from parents, school 14leaders, teachers, and other staff of schools served 15by the local educational agency; 16''(2) in the case of a local educational agency lo- 17cated in a State implementing a statewide teacher 18evaluation system, implementing such evaluation sys- 19tem; 20''(3) the training of school leaders or other indi- 21viduals for the purpose of evaluating teachers or 22school leaders under a teacher or school leader evalua- 23tion system, as appropriate; 24
242 'S 1177 EAH ''(4) in the case of a local educational agency lo- 1cated in a State implementing a statewide school 2leader evaluation system, to implement such evalua- 3tion system; 4''(5) in the case of a local educational agency lo- 5cated in a State not implementing a statewide school 6leader evaluation system, the development and imple- 7mentation of a school leader evaluation system; 8''(6) professional development for teachers, school 9leaders, and if appropriate, specialized instructional 10support personnel that is evidence-based, job-embed- 11ded, and continuous, such as'-- 12''(A) subject-based professional development 13for teachers, including for teachers of civic edu- 14cation, arts education, and computer science and 15other science, technology, engineering, and math- 16ematics subjects; 17''(B) professional development aligned with 18the State's academic standards; 19''(C) professional development to assist 20teachers in meeting the needs of students with 21different learning styles, particularly students 22with disabilities, English learners, and gifted 23and talented students; 24
243 'S 1177 EAH ''(D) professional development for teachers 1or school leaders identified as in need of addi- 2tional support through data provided by a teach- 3er or school leader evaluation system, as appro- 4priate; 5''(E) professional development based on the 6current science of learning, which includes re- 7search on positive brain change and cognitive 8skill development; 9''(F) professional development for school 10leaders, including evidence-based mentorship 11programs for such leaders; 12''(G) professional development on inte- 13grated, interdisciplinary, and project-based 14teaching strategies, including for career and 15technical education teachers and teachers of com- 16puter science and other science, technology (in- 17cluding education about the harms of copyright 18piracy), engineering, and mathematics subjects; 19''(H) professional development on teaching 20dual credit, dual enrollment, Advanced Place- 21ment, or International Baccalaureate postsec- 22ondary-level courses to secondary school students; 23''(I) professional development for teachers, 24principals and other school administrators in 25
244 'S 1177 EAH early elementary grades that includes specialized 1knowledge about child development and learning, 2developmentally-appropriate curricula and 3teaching practices, meaningful family engage- 4ment and collaboration with early care and edu- 5cation programs; 6''(J) professional development, including 7through joint professional development opportu- 8nities, for early childhood educators, teachers, 9principals, specialized instructional support per- 10sonnel, and other school leaders; 11''(K) training on child development, im- 12proving instruction, and closing achievement 13gaps; or 14''(L) professional development on restorative 15justice and conflict resolution; 16''(7) partnering with a public or private organi- 17zation or a consortium of such organizations to de- 18velop and implement a teacher evaluation system de- 19scribed in subparagraph (A) or (B) of paragraph (1), 20or to administer professional development, as appro- 21priate; 22''(8) any activities authorized under section 232222(a); 24
245 'S 1177 EAH ''(9) class size reduction, except that the local 1educational agency may use not more than 10 percent 2of such funds for this purpose; or 3''(10) carrying out activities related to pay for 4success initiatives that meet the purposes of this part. 5''Subpart 3'--General Provisions 6''SEC. 2131. REPORTING REQUIREMENTS. 7''(a) LOCALEDUCATIONALAGENCIES.'--Each local 8educational agency receiving a subgrant under subpart 2 9shall submit to the State educational agency involved, on 10an annual basis until the last year in which the local edu- 11cational agency receives such subgrant funds, a report on'-- 12''(1) how the local educational agency is meeting 13the purposes of this part described in section 2101; 14''(2) how the local educational agency is using 15such subgrant funds; 16''(3) in the case of a local educational agency 17implementing a teacher or school leader evaluation 18system, the results of such evaluation system, except 19that such report shall not reveal personally identifi- 20able information about an individual teacher or 21school leader; and 22''(4) any such other information as the State 23educational agency may require, as long as student 24and teacher privacy is maintained. 25
246 'S 1177 EAH ''(b) STATEEDUCATIONALAGENCIES.'--Each State 1educational agency receiving a grant under subpart 1 shall 2submit to the Secretary a report, on an annual basis until 3the last year in which the State educational agency receives 4such grant funds, on'-- 5''(1) how the State educational agency is meeting 6the purposes of this part described in section 2101; 7and 8''(2) how the State educational agency is using 9such grant funds. 10''SEC. 2132. NATIONAL ACTIVITIES. 11''From the funds reserved by the Secretary under sec- 12tion 2111(b)(1)(A), the Secretary shall, directly or through 13grants and contracts'-- 14''(1) provide technical assistance to States and 15local educational agencies in carrying out activities 16under this part; and 17''(2) acting through the Institute of Education 18Sciences, conduct national evaluations of activities 19carried out by State educational agencies and local 20educational agencies under this part. 21''SEC. 2133. STATE DEFINED. 22''In this part, the term 'State' means each of the 50 23States, the District of Columbia, and the Commonwealth 24of Puerto Rico. 25
247 'S 1177 EAH ''SEC. 2134. EMPLOYEE TRANSFERS. 1''A local educational agency or State educational agen- 2cy shall be ineligible for funds under this Act if such agency 3knowingly facilitates the transfer of any employee if the 4agency knows, or has probable cause to believe, that the em- 5ployee engaged in sexual misconduct with a student.''. 6(c) PARTB.'--Part B of title II (20 U.S.C. 6661 et 7seq.) is amended to read as follows: 8''PART B'--TEACHER AND SCHOOL LEADER 9FLEXIBLE GRANT 10''SEC. 2201. PURPOSE. 11''The purpose of this part is to improve student aca- 12demic achievement by'-- 13''(1) supporting all State educational agencies, 14local educational agencies, schools, teachers, and 15school leaders to pursue innovative and evidence-based 16practices to help all students meet the State's aca- 17demic standards; and 18''(2) increasing the number of teachers and 19school leaders who are effective in increasing student 20academic achievement. 21''Subpart 1'--Formula Grants to States 22''SEC. 2211. STATE ALLOTMENTS. 23''(a) RESERVATIONS.'--From the amount appropriated 24under section 3(b) for any fiscal year, the Secretary'-- 25
248 'S 1177 EAH ''(1) shall reserve 25 percent to award grants to 1States under this subpart; and 2''(2) of the amount reserved under paragraph 3(1), shall reserve'-- 4''(A) not more than 1 percent for national 5activities described in section 2233; 6''(B) one-half of 1 percent for allotments to 7outlying areas on the basis of their relative need, 8as determined by the Secretary, in accordance 9with the purpose of this part; and 10''(C) one-half of 1 percent for the Secretary 11of the Interior for programs under this part in 12schools operated or funded by the Bureau of In- 13dian Education. 14''(b) STATEALLOTMENTS.'-- 15''(1) IN GENERAL.'--From the total amount re- 16served under subsection (a)(1) for each fiscal year and 17not reserved under subparagraphs (A) through (C) of 18subsection (a)(2), the Secretary shall allot, and make 19available in accordance with this section, to each 20State an amount that bears the same ratio to such 21sums as the school-age population of the State bears 22to the school-age population of all States. 23''(2) SMALL STATE MINIMUM.'--No State receiv- 24ing an allotment under paragraph (1) may receive 25
249 'S 1177 EAH less than one-half of 1 percent of the total amount al- 1lotted under such paragraph. 2''(3) REALLOTMENT.'--If a State does not receive 3an allotment under this subpart for a fiscal year, the 4Secretary shall reallot the amount of the State's allot- 5ment to the remaining States in accordance with this 6section. 7''(c) STATEAPPLICATION.'--In order to receive an al- 8lotment under this section for any fiscal year, a State shall 9submit an application to the Secretary, at such time and 10in such manner as the Secretary may reasonably require. 11Such application shall'-- 12''(1) designate the State educational agency as 13the agency responsible for the administration and su- 14pervision of programs assisted under this part; 15''(2) describe how the State educational agency 16will use funds received under this section for State 17level activities described in subsection (d)(3); 18''(3) describe the procedures and criteria the 19State educational agency will use for reviewing appli- 20cations and awarding subgrants in a timely manner 21to eligible entities under section 2221 on a competi- 22tive basis; 23''(4) describe how the State educational agency 24will ensure that subgrants made under section 2221 25
250 'S 1177 EAH are of sufficient size and scope to support effective 1programs that will help increase academic achieve- 2ment in the classroom and are consistent with the 3purposes of this part; 4''(5) describe the steps the State educational 5agency will take to ensure that eligible entities use 6subgrants received under section 2221 to carry out 7programs that implement effective strategies, includ- 8ing by providing ongoing technical assistance and 9training, and disseminating evidence-based and other 10effective strategies to such eligible entities; 11''(6) describe how programs under this part will 12be coordinated with other programs under this Act; 13and 14''(7) include an assurance that, other than pro- 15viding technical and advisory assistance and moni- 16toring compliance with this part, the State edu- 17cational agency has not exercised, and will not exer- 18cise, any influence in the decisionmaking processes of 19eligible entities as to the expenditure of funds made 20pursuant to an application submitted under section 212221(b). 22''(d) STATEUSE OFFUNDS.'-- 23''(1) IN GENERAL.'--Each State that receives an 24allotment under this section shall reserve not less than 25
251 'S 1177 EAH 92 percent of the amount allotted to such State under 1subsection (b), for each fiscal year, for subgrants to el- 2igible entities under subpart 2. 3''(2) STATE ADMINISTRATION.'--A State edu- 4cational agency may reserve not more than 1 percent 5of the amount made available to the State under sub- 6section (b) for the administrative costs of carrying out 7such State educational agency's responsibilities under 8this subpart. 9''(3) STATE-LEVEL ACTIVITIES.'-- 10''(A) INNOVATIVE TEACHER AND SCHOOL 11LEADER ACTIVITIES.'--A State educational agen- 12cy shall reserve not more than 4 percent of the 13amount made available to the State under sub- 14section (b) to carry out, solely, or in partnership 15with State agencies of higher education, 1 or 16more of the following activities: 17''(i) Reforming teacher and school lead- 18er certification, recertification, licensing, 19and tenure systems to ensure that such sys- 20tems are rigorous and that'-- 21''(I) each teacher has the subject 22matter knowledge and teaching skills 23necessary to help students meet the 24State's academic standards; and 25
252 'S 1177 EAH ''(II) school leaders have the in- 1structional leadership skills to help 2teachers instruct and students learn. 3''(ii) Improving the quality of teacher 4preparation programs within the State, in- 5cluding through the use of appropriate stu- 6dent achievement data and other factors to 7evaluate the quality of teacher preparation 8programs within the State. 9''(iii) Carrying out programs that es- 10tablish, expand, or improve alternative 11routes for State certification or licensure of 12teachers and school leaders, including such 13programs for'-- 14''(I) mid-career professionals from 15other occupations, including computer 16science and other science, technology, 17engineering, and math fields; 18''(II) former military personnel; 19and 20''(III) recent graduates of an in- 21stitution of higher education, with a 22record of academic distinction, who 23demonstrate the potential to become ef- 24fective teachers or school leaders. 25
253 'S 1177 EAH ''(iv) Developing, or assisting eligible 1entities in developing'-- 2''(I) performance-based pay sys- 3tems for teachers and school leaders; 4''(II) strategies that provide dif- 5ferential, incentive, or bonus pay for 6teachers and school leaders; or 7''(III) teacher and school leader 8advancement initiatives that promote 9professional growth and emphasize 10multiple career paths and pay differen- 11tiation. 12''(v) Developing, or assisting eligible 13entities in developing, new, evidence-based 14teacher and school leader induction and 15mentoring programs that are designed to'-- 16''(I) improve instruction and stu- 17dent academic achievement; and 18''(II) increase the retention of ef- 19fective teachers and school leaders. 20''(vi) Providing professional develop- 21ment for teachers and school leaders that is 22focused on improving teaching and student 23academic achievement, including for stu- 24dents with different learning styles, particu- 25
254 'S 1177 EAH larly students with disabilities, English 1learners, gifted and talented students, and 2other special populations. 3''(vii) Providing training and tech- 4nical assistance to eligible entities that re- 5ceive a subgrant under section 2221. 6''(viii) Other activities identified by 7the State educational agency that meet the 8purposes of this part, including those activi- 9ties authorized under subparagraph (B). 10''(ix) Supporting State or local pay for 11success initiatives that meet the purposes of 12this part. 13''(B) TEACHER OR SCHOOL LEADER PREPA- 14RATION ACADEMIES.'-- 15''(i) IN GENERAL.'--In the case of a 16State in which teacher or school leader 17preparation academies are allowable under 18State law, a State educational agency may 19reserve not more than 3 percent of the 20amount made available to the State under 21subsection (b) to support the establishment 22or expansion of one or more teacher or 23school leader preparation academies and, 24subject to the limitation under clause (iii), 25
255 'S 1177 EAH to support State authorizers for such acad- 1emies. 2''(ii) MATCHING REQUIREMENT.'--A 3State educational agency shall not provide 4funds under this subparagraph to support 5the establishment or expansion of a teacher 6or school leader preparation academy unless 7the academy agrees to provide, either di- 8rectly or through private contributions, non- 9Federal matching funds equal to not less 10than 10 percent of the amount of the funds 11the academy will receive under this sub- 12paragraph. 13''(iii) FUNDING FOR STATE AUTHOR- 14IZERS.'--Not more than 5 percent of funds 15provided to a teacher or school leader prepa- 16ration academy under this subparagraph 17may be used to support activities of State 18authorizers for such academy. 19''SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI-20CATIONS. 21''(a) DEEMEDAPPROVAL.'--An application submitted 22by a State pursuant to section 2211(c) shall be deemed to 23be approved by the Secretary unless the Secretary makes 24a written determination, prior to the expiration of the 120- 25
256 'S 1177 EAH day period beginning on the date on which the Secretary 1received the application, that the application is not in com- 2pliance with section 2211(c). 3''(b) DISAPPROVALPROCESS.'-- 4''(1) IN GENERAL.'--The Secretary shall not fi- 5nally disapprove an application submitted under sec- 6tion 2211(c), except after giving the State educational 7agency notice and an opportunity for a hearing. 8''(2) NOTIFICATION.'--If the Secretary finds that 9an application is not in compliance, in whole or in 10part, with section 2211(c) the Secretary shall'-- 11''(A) give the State educational agency no- 12tice and an opportunity for a hearing; and 13''(B) notify the State educational agency of 14the finding of noncompliance and, in such notifi- 15cation, shall'-- 16''(i) cite the specific provisions in the 17application that are not in compliance; and 18''(ii) request additional information, 19only as to the noncompliant provisions, 20needed to make the application compliant. 21''(3) RESPONSE.'--If a State educational agency 22responds to a notification from the Secretary under 23paragraph (2)(B) during the 45-day period beginning 24on the date on which the State educational agency re- 25
257 'S 1177 EAH ceived the notification, and resubmits the application 1with the requested information described in para- 2graph (2)(B)(ii), the Secretary shall approve or dis- 3approve such application prior to the later of'-- 4''(A) the expiration of the 45-day period be- 5ginning on the date on which the application is 6resubmitted; or 7''(B) the expiration of the 120-day period 8described in subsection (a). 9''(4) FAILURE TO RESPOND.'--If the State edu- 10cational agency does not respond to a notification 11from the Secretary under paragraph (2)(B) during 12the 45-day period beginning on the date on which the 13State educational agency received the notification, 14such application shall be deemed to be disapproved. 15''Subpart 2'--Local Competitive Grant Program 16''SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 17''(a) INGENERAL.'--A State that receives an allotment 18under section 2211(b) for a fiscal year shall use the amount 19reserved under section 2211(d)(1) to award subgrants, on 20a competitive basis, to eligible entities in accordance with 21this section to enable such entities to carry out the programs 22and activities described in section 2222. 23''(b) APPLICATION.'-- 24
258 'S 1177 EAH ''(1) IN GENERAL.'--To be eligible to receive a 1subgrant under this section, an eligible entity shall 2submit an application to the State educational agen- 3cy at such time, in such manner, and including such 4information as the State educational agency may rea- 5sonably require. 6''(2) CONTENTS.'--Each application submitted 7under paragraph (1) shall include'-- 8''(A) a description of the programs and ac- 9tivities to be funded and how they are consistent 10with the purposes of this part; and 11''(B) an assurance that the eligible entity 12will comply with section 6501 (regarding par- 13ticipation by private school children and teach- 14ers). 15''(c) PEERREVIEW.'--In reviewing applications under 16this section, a State educational agency shall use a peer 17review process or other methods of assuring the quality of 18such applications but the review shall only judge the likeli- 19hood of the activity to increase student academic achieve- 20ment. The reviewers shall not make a determination based 21on the policy of the proposed activity. 22''(d) GEOGRAPHICDIVERSITY.'--A State educational 23agency shall distribute funds under this section equitably 24
259 'S 1177 EAH among geographic areas within the State, including rural, 1suburban, and urban communities. 2''(e) DURATION OFAWARDS.'--A State educational 3agency may award subgrants under this section for a period 4of not more than 5 years. 5''(f) MATCHING.'--An eligible entity receiving a 6subgrant under this section shall provide, either directly or 7through private contributions, non-Federal matching funds 8equal to not less than 10 percent of the amount of the 9subgrant. 10''SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 11''(a) INGENERAL.'--Each eligible entity receiving a 12subgrant under section 2221 shall use such subgrant funds 13to develop, implement, and evaluate comprehensive pro- 14grams and activities, that are in accordance with the pur- 15pose of this part and'-- 16''(1) are consistent with the principles of effec- 17tiveness described in subsection (b); and 18''(2) may include, among other programs and 19activities'-- 20''(A) developing and implementing initia- 21tives to assist in recruiting, hiring, and retain- 22ing highly effective teachers and school leaders, 23including initiatives that provide'-- 24
260 'S 1177 EAH ''(i) differential, incentive, or bonus 1pay for teachers and school leaders; 2''(ii) performance-based pay systems 3for teachers and school leaders; 4''(iii) teacher and school leader ad- 5vancement initiatives that promote profes- 6sional growth and emphasize multiple ca- 7reer paths and pay differentiation; 8''(iv) new teacher and school leader in- 9duction and mentoring programs that are 10designed to improve instruction, student 11academic achievement, and to increase 12teacher and school leader retention; and 13''(v) teacher residency programs, and 14school leader residency programs, designed 15to develop and support new teachers or new 16school leaders, respectively; 17''(B) supporting the establishment or expan- 18sion of teacher or school leader preparation acad- 19emies under section 2211(d)(3)(B); 20''(C) recruiting qualified individuals from 21other fields, including individuals from computer 22science and other science, technology, engineer- 23ing, and math fields, mid-career professionals 24
261 'S 1177 EAH from other occupations, and former military per- 1sonnel; 2''(D) establishing, improving, or expanding 3model instructional programs to ensure that all 4children meet the State's academic standards; 5''(E) providing evidence-based, job embed- 6ded, continuous professional development for 7teachers and school leaders focused on improving 8teaching and student academic achievement; 9''(F) implementing programs based on the 10current science of learning, which includes re- 11search on positive brain change and cognitive 12skill development; 13''(G) recruiting and training teachers to 14teach dual credit, dual enrollment, Advanced 15Placement, or International Baccalaureate post- 16secondary-level courses to secondary school stu- 17dents; 18''(H) other activities and programs identi- 19fied as necessary by the local educational agency 20that meet the purpose of this part; and 21''(I) carrying out activities related to pay 22for success initiatives that meet the purposes of 23this part. 24
262 'S 1177 EAH ''(b) PRINCIPLES OFEFFECTIVENESS.'--For a pro- 1gram or activity developed pursuant to this section to meet 2the principles of effectiveness, such program or activity 3shall'-- 4''(1) be based upon an assessment of objective 5data regarding the need for programs and activities 6in the elementary schools and secondary schools served 7to increase the number of teachers and school leaders 8who are effective in improving student academic 9achievement; 10''(2) reflect evidence-based research, or in the ab- 11sence of a strong research base, reflect effective strate- 12gies in the field, that provide evidence that the pro- 13gram or activity will improve student academic 14achievement; and 15''(3) include meaningful and ongoing consulta- 16tion with, and input from, teachers, school leaders, 17and parents, in the development of the application 18and administration of the program or activity. 19''Subpart 3'--General Provisions 20''SEC. 2231. PERIODIC EVALUATION. 21''(a) INGENERAL.'--Each eligible entity and each 22teacher or school leader preparation academy that receives 23funds under this part shall undergo a periodic evaluation 24by the State educational agency involved to assess such enti- 25
263 'S 1177 EAH ty's or such academy's progress toward achieving the pur- 1poses of this part. 2''(b) USE OFRESULTS.'--The results of an evaluation 3described in subsection (a) of an eligible entity or academy 4shall be'-- 5''(1) used to refine, improve, and strengthen such 6eligible entity or such academy, respectively; and 7''(2) made available to the public upon request, 8with public notice of such availability provided. 9''SEC. 2232. REPORTING REQUIREMENTS. 10''(a) ELIGIBLEENTITIES ANDACADEMIES.'--Each eli- 11gible entity and each teacher or school leader preparation 12academy that receives funds from a State educational agen- 13cy under this part shall prepare and submit annually to 14such State educational agency a report that includes'-- 15''(1) a description of the progress of the eligible 16entity or teacher or school leader preparation acad- 17emy, respectively, in meeting the purposes of this 18part; 19''(2) a description of the programs and activities 20conducted by the eligible entity or teacher or school 21leader preparation academy, respectively, with funds 22received under this part; 23
264 'S 1177 EAH ''(3) how the eligible entity or teacher or school 1leader preparation academy, respectively, is using 2such funds; and 3''(4) any such other information as the State 4educational agency may reasonably require. 5''(b) STATEEDUCATIONALAGENCIES.'--Each State 6educational agency that receives a grant under this part 7shall prepare and submit, annually, to the Secretary a re- 8port that includes'-- 9''(1) a description of the programs and activities 10conducted by the State educational agency with grant 11funds received under this part; 12''(2) a description of the progress of the State 13educational agency in meeting the purposes of this 14part described in section 2201; 15''(3) how the State educational agency is using 16grant funds received under this part; 17''(4) the methods and criteria the State edu- 18cational agency used to award subgrants in a timely 19manner to eligible entities under section 2221 and, if 20applicable, funds in a timely manner to teacher or 21school leader academies under section 2211(d)(3)(B); 22and 23''(5) the results of the periodic evaluations con- 24ducted under section 2231. 25
265 'S 1177 EAH ''SEC. 2233. NATIONAL ACTIVITIES. 1''From the funds reserved by the Secretary under sec- 2tion 2211(a)(2)(A), the Secretary shall, directly or through 3grants and contracts'-- 4''(1) provide technical assistance to States and 5eligible entities in carrying out activities under this 6part; and 7''(2) acting through the Institute of Education 8Sciences, conduct national evaluations of activities 9carried out by States and eligible entities under this 10part. 11''SEC. 2234. DEFINITIONS. 12''In this part: 13''(1) ELIGIBLE ENTITY.'--The term 'eligible enti- 14ty' means'-- 15''(A) a local educational agency or consor- 16tium of local educational agencies; 17''(B) an institution of higher education or 18consortium of such institutions in partnership 19with a local educational agency or consortium of 20local educational agencies; 21''(C) a for-profit organization, a nonprofit 22organization, or a consortium of for-profit or 23nonprofit organizations in partnership with a 24local educational agency or consortium of local 25educational agencies; or 26
266 'S 1177 EAH ''(D) a consortium of the entities described 1in subparagraphs (B) and (C). 2''(2) STATE.'--The term 'State' means each of the 350 States, the District of Columbia, and the Common- 4wealth of Puerto Rico. 5''(3) STATE AUTHORIZER.'--The term 'State au- 6thorizer' means an entity designated by the Governor 7of a State to authorize teacher or school leader prepa- 8ration academies within the State that'-- 9''(A) enters into an agreement with a teach- 10er or school leader preparation academy that'-- 11''(i) specifies the goals expected of the 12academy, which, at a minimum, include the 13goals described in paragraph (4); and 14''(ii) does not reauthorize the academy 15if such goals are not met; 16''(B) may be a nonprofit organization, a 17State educational agency, or other public entity, 18or consortium of such entities (including a con- 19sortium of State educational agencies); and 20''(C) has a timely and efficient approval 21process to approve or disapprove a teacher or 22school leader preparation academy. 23''(4) TEACHER OR SCHOOL LEADER PREPARA- 24TION ACADEMY.'--The term 'teacher or school leader 25
267 'S 1177 EAH preparation academy' means a public or private enti- 1ty, or a nonprofit or for-profit organization, which 2may be an institution of higher education or an orga- 3nization affiliated with an institution of higher edu- 4cation, that will prepare teachers or school leaders to 5serve in schools, and that'-- 6''(A) enters into an agreement with a State 7authorizer that specifies the goals expected of the 8academy, including'-- 9''(i) a requirement that prospective 10teachers or school leaders who are enrolled 11in a teacher or school leader preparation 12academy receive a significant part of their 13training through clinical preparation that 14partners the prospective candidate with an 15effective teacher or school leader, respec- 16tively, with a demonstrated record of in- 17creasing or producing high student achieve- 18ment, while also receiving concurrent in- 19struction from the academy in the content 20area (or areas) in which the prospective 21teacher or school leader will become certified 22or licensed; 23''(ii) the number of effective teachers or 24school leaders, respectively, who will dem- 25
268 'S 1177 EAH onstrate success in increasing or producing 1high student achievement that the academy 2will produce; and 3''(iii) a requirement that a teacher or 4school leader preparation academy will only 5award a certificate of completion after the 6graduate demonstrates that the graduate is 7an effective teacher or school leader, respec- 8tively, with a demonstrated record of in- 9creasing or producing high student achieve- 10ment, except that an academy may award 11a provisional certificate for the period nec- 12essary to allow the graduate to demonstrate 13such effectiveness; 14''(B) does not have restrictions on the meth- 15ods the academy will use to train prospective 16teacher or school leader candidates, including'-- 17''(i) obligating (or prohibiting) the 18academy's faculty to hold advanced degrees 19or conduct academic research; 20''(ii) restrictions related to the acad- 21emy's physical infrastructure; 22''(iii) restrictions related to the number 23of course credits required as part of the pro- 24gram of study; 25
269 'S 1177 EAH ''(iv) restrictions related to the under- 1graduate coursework completed by teachers 2teaching or working on alternative certifi- 3cates, licenses, or credentials, as long as 4such teachers have successfully passed all 5relevant State-approved content area exami- 6nations; or 7''(v) restrictions related to obtaining 8accreditation from an accrediting body for 9purposes of becoming an academy; 10''(C) limits admission to its program to 11prospective teacher or school leader candidates 12who demonstrate strong potential to improve stu- 13dent achievement, based on a rigorous selection 14process that reviews a candidate's prior aca- 15demic achievement or record of professional ac- 16complishment; and 17''(D) results in a certificate of completion 18that the State may recognize as at least the 19equivalent of a master's degree in education for 20the purposes of hiring, retention, compensation, 21and promotion in the State. 22''(5) TEACHER RESIDENCY PROGRAM.'--The term 23'teacher residency program' means a school-based 24
270 'S 1177 EAH teacher preparation program in which a prospective 1teacher'-- 2''(A) for one academic year, teaches along- 3side an effective teacher, as determined by a 4teacher evaluation system implemented under 5part A, who is the teacher of record; 6''(B) receives concurrent instruction during 7the year described in subparagraph (A) from the 8partner institution (as defined in section 200 of 9the Higher Education Act of 1965 (20 U.S.C. 101021)), which courses may be taught by local 11educational agency personnel or residency pro- 12gram faculty, in the teaching of the content area 13in which the teacher will become certified or li- 14censed; and 15''(C) acquires effective teaching skills. 16''(6) WORKFORCE CRITICAL SUBJECT.'--The term 17'workforce critical subject' means an academic subject 18of urgent importance to the current and future work- 19force needs of the State, including science, technology, 20engineering, math, and any other subject that has 21been identified by the State, in consultation with em- 22ployer, workforce, community, educator, parent and 23professional stakeholders.''. 24
271 'S 1177 EAH (d) PARTC.'--Part C of title II (20 U.S.C. 6671 et 1seq.) is amended'-- 2(1) by striking subparts 1 through 4; 3(2) by striking the heading relating to subpart 5; 4(3) by striking sections 2361 and 2368; 5(4) in section 2362, by striking ''principals'' and 6inserting ''school leaders''; 7(5) in section 2363(6)(A), by striking ''prin- 8cipal'' and inserting ''school leader''; 9(6) in section 2366(b), by striking ''ate law'' and 10inserting ''(3) A State law''; 11(7) by redesignating section 2362 as section 122361; 13(8) by redesignating sections 2364 through 2367 14as sections 2362 through 2365, respectively; and 15(9) by redesignating section 2363 as section 2366 16and transferring such section to appear after section 172365 (as so redesignated). 18(e) PARTD.'--Part D of title II (20 U.S.C. 6751 et 19seq.) is amended to read as follows: 20''PART D'--GENERAL PROVISIONS 21''SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 22''In this title, the term 'local educational agency' in- 23cludes a charter school (as defined in section 6101) that, 24
272 'S 1177 EAH in the absence of this section, would not have received funds 1under this title. 2''SEC. 2402. PARENTS' RIGHT TO KNOW. 3''At the beginning of each school year, a local edu- 4cational agency that receives funds under this title shall no- 5tify the parents of each student attending any school receiv- 6ing funds under this title that the parents may request, and 7the agency will provide the parents on request (and in a 8timely manner), information regarding the professional 9qualifications of the student's classroom teachers any assess- 10ments mandated by the State educational agency or local 11educational agency for the student for that school year, and 12any local educational agency policy regarding student par- 13ticipation in such assessments. 14''SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 15''Funds received under this title shall be used to sup- 16plement, and not supplant, non-Federal funds that would 17otherwise be used for activities authorized under this title.''. 18SEC. 202. CONFORMING REPEALS. 19(a) CONFORMINGREPEALS.'--Title II of the Higher 20Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 21by repealing sections 201 through 204. 22(b) EFFECTIVEDATE.'--The repeals made by sub- 23section (a) shall take effect October 1, 2015. 24
273 'S 1177 EAH TITLE III'--PARENTAL ENGAGE-1MENT AND LOCAL FLEXI-2BILITY 3SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI-4BILITY. 5Title III (20 U.S.C. 6801 et seq.) is amended to read 6as follows: 7''TITLE III'--PARENTAL ENGAGE-8MENT AND LOCAL FLEXI-9BILITY 10''PART A'--PARENTAL ENGAGEMENT 11''Subpart 1'--Charter School Program 12''SEC. 3101. SENSE OF CONGRESS; PURPOSE. 13''(a) SENSE OFCONGRESS.'-- 14''(1) FINDINGS.'--The Congress finds the fol- 15lowing: 16''(A) The number of public charter schools 17has dramatically increased in recent years. Be- 18tween the 2008''2009 school year and the 2013'' 192014 school year, there was a 77 percent increase 20in the number of students attending public char- 21ter schools and a 39 percent increase in the 22number of schools. 23''(B) Charter schools serve a very diverse 24population of students. Nationally, 57 percent of 25
274 'S 1177 EAH students enrolled in charter schools are minority 1students, while only 39 percent of students in 2non-charter public schools are minority students. 3''(C) For the 2014''2015 school year, there 4are more than 6700 public charter schools serv- 5ing about 2.9 million students. This represents a 64 percent growth in the number of open charter 7schools, and a 14 percent increase in student en- 8rollment from the 2013''2014 school year. 9''(D) There are more than one million stu- 10dent names on charter school waiting lists. 11''(E) Charter schools are open in areas 12where students need better education options, in- 13cluding areas that serve economically disadvan- 14taged kids. Almost 50 percent of the students at- 15tending charter schools qualify for free or re- 16duced priced lunch, a slightly larger percentage 17than non-charter public schools. 18''(F) Charter schools serve students in all 19areas, from urban cities to rural towns through 20traditional brick and mortar schools, blended 21learning models, and online programs, giving 22parents across the Nation options to find the best 23learning environment for their children. 24
275 'S 1177 EAH ''(G) Charter schools give parents the oppor- 1tunity to find the right place for their child to 2learn. Whether they are looking for digital learn- 3ing, Montessori, or a more structured environ- 4ment, charter schools provide a variety of edu- 5cation options for families. 6''(H) Charter schools have strong account- 7ability to parents and the community because 8they have to meet the same State academic ac- 9countability requirements as all other public 10schools, satisfy the terms of their charter with 11their authorizing authority, and satisfy parents 12who have selected the school for their children. 13''(2) SENSE OF CONGRESS.'--It is the sense of the 14Congress that charter schools are a critical part of 15our education system in this Nation and the Congress 16believes we must support opening more quality char- 17ter schools to help students succeed in their future. 18''(b) PURPOSE.'--It is the purpose of this subpart to'-- 19''(1) improve the United States education system 20and education opportunities for all Americans by 21supporting innovation in public education in public 22school settings that prepare students to compete and 23contribute to the global economy and a stronger 24America; 25
276 'S 1177 EAH ''(2) provide financial assistance for the plan- 1ning, program design, and initial implementation of 2charter schools; 3''(3) expand the number of high-quality charter 4schools available to students across the Nation; 5''(4) evaluate the impact of such schools on stu- 6dent achievement, families, and communities, and 7share best practices between charter schools and other 8public schools; 9''(5) encourage States to provide support to char- 10ter schools for facilities financing in an amount more 11nearly commensurate to the amount the States have 12typically provided for traditional public schools; 13''(6) improve student services to increase oppor- 14tunities for students with disabilities, English learn- 15ers, and other traditionally underserved students to 16attend charter schools and meet challenging State 17academic achievement standards; 18''(7) support efforts to strengthen the charter 19school authorizing process to improve performance 20management, including transparency, oversight, mon- 21itoring, and evaluation of such schools; and 22''(8) support quality accountability and trans- 23parency in the operational performance of all author- 24ized public chartering agencies, which include State 25
277 'S 1177 EAH educational agencies, local educational agencies, and 1other authorizing entities. 2''SEC. 3102. PROGRAM AUTHORIZED. 3''(a) INGENERAL.'--This subpart authorizes the Sec- 4retary to carry out a charter school program that supports 5charter schools that serve elementary school and secondary 6school students by'-- 7''(1) supporting the startup of charter schools, 8and the replication and expansion of high-quality 9charter schools; 10''(2) assisting charter schools in accessing credit 11to acquire and renovate facilities for school use; and 12''(3) carrying out national activities to sup- 13port'-- 14''(A) charter school development; 15''(B) the dissemination of best practices of 16charter schools for all schools; 17''(C) the evaluation of the impact of the pro- 18gram on schools participating in the program; 19and 20''(D) stronger charter school authorizing. 21''(b) FUNDINGALLOTMENT.'--From the amount made 22available under section 3(c)(1)(A) for a fiscal year, the Sec- 23retary shall'-- 24
278 'S 1177 EAH ''(1) reserve 12.5 percent to support charter 1school facilities assistance under section 3104; 2''(2) reserve not more than 10 percent to carry 3out national activities under section 3105; and 4''(3) use the remaining amount after the Sec- 5retary reserves funds under paragraphs (1) and (2) to 6carry out section 3103. 7''(c) PRIORGRANTS ANDSUBGRANTS.'--The recipient 8of a grant or subgrant under this subpart or subpart 2, 9as such subpart was in effect on the day before the date 10of the enactment of the Student Success Act, shall continue 11to receive funds in accordance with the terms and condi- 12tions of such grant or subgrant. 13''(d) GAO REPORT.'--Not later than 3 years after the 14date of the enactment of the Student Success Act, the Comp- 15troller General of the United States shall submit a report 16to the Secretary and Congress that'-- 17''(1) examines whether the funds authorized to be 18reserved by State entities for administrative costs 19under section 3103(b)(1)(C) is appropriate; and 20''(2) if such reservation of funds is determined 21not to be appropriate, makes recommendations on the 22appropriate reservation of funding for such adminis- 23trative costs. 24
279 'S 1177 EAH ''SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 1SCHOOLS. 2''(a) INGENERAL.'--From the amount reserved under 3section 3102(b)(3), the Secretary shall award grants to 4State entities having applications approved pursuant to 5subsection (f) to enable such entities to'-- 6''(1) award subgrants to eligible applicants for 7opening and preparing to operate'-- 8''(A) new charter schools; 9''(B) replicated, high-quality charter school 10models; or 11''(C) expanded, high-quality charter schools; 12and 13''(2) provide technical assistance to eligible ap- 14plicants and authorized public chartering agencies in 15carrying out the activities described in paragraph (1) 16and work with authorized public chartering agencies 17in the State to improve authorizing quality. 18''(b) STATEUSES OFFUNDS.'-- 19''(1) IN GENERAL.'--A State entity receiving a 20grant under this section shall'-- 21''(A) use not less than 90 percent of the 22grant funds to award subgrants to eligible appli- 23cants, in accordance with the quality charter 24school program described in the State entity's 25application approved pursuant to subsection (f), 26
280 'S 1177 EAH for the purposes described in subparagraphs (A) 1through (C) of subsection (a)(1); 2''(B) reserve not less than 7 percent of such 3funds to carry out the activities described in sub- 4section (a)(2); and 5''(C) reserve not more than 3 percent of such 6funds for administrative costs which may in- 7clude technical assistance. 8''(2) CONTRACTS AND GRANTS.'--A State entity 9may use a grant received under this section to carry 10out the activities described in subparagraphs (A) and 11(B) of paragraph (1) directly or through grants, con- 12tracts, or cooperative agreements. 13''(3) RULE OF CONSTRUCTION.'--Nothing in this 14Act shall prohibit the Secretary from awarding grants 15to States that use a weighted lottery to give slightly 16better chances for admission to all, or a subset of, edu- 17cationally disadvantaged students if'-- 18''(A) the use of weighted lotteries in favor of 19such students is not prohibited by State law, and 20such State law is consistent with laws described 21in section 6101(3)(G); and 22''(B) such weighted lotteries are not used for 23the purpose of creating schools exclusively to 24serve a particular subset of students. 25
281 'S 1177 EAH ''(c) PROGRAMPERIODS; PEERREVIEW; GRANTNUM- 1BER ANDAMOUNT; DIVERSITY OFPROJECTS; WAIVERS.'-- 2''(1) PROGRAM PERIODS.'-- 3''(A) GRANTS.'--A grant awarded by the 4Secretary to a State entity under this section 5shall be for a period of not more than 5 years. 6''(B) SUBGRANTS.'--A subgrant awarded by 7a State entity under this section shall be for a 8period of not more than 5 years, of which an eli- 9gible applicant may use not more than 18 10months for planning and program design. 11''(2) PEER REVIEW.'--The Secretary, and each 12State entity receiving a grant under this section, shall 13use a peer review process to review applications for 14assistance under this section. 15''(3) GRANT AWARDS.'--The Secretary shall'-- 16''(A) for each fiscal year for which funds are 17appropriated under section 3(c)(1)(A)'-- 18''(i) award not less than 3 grants 19under this section; 20''(ii) wholly fund each grant awarded 21under this section, without making continu- 22ation awards; and 23''(iii) fully obligate the funds appro- 24priated for the purpose of awarding grants 25
282 'S 1177 EAH under this section in the fiscal year for 1which such grants are awarded; and 2''(B) prior to the start of the final year of 3the grant period of each grant awarded under 4this section to a State entity, review whether the 5State entity is using the grant funds for the 6agreed upon uses of funds and whether the full 7amount of the grant will be needed for the re- 8mainder of the grant period and may, as deter- 9mined necessary based on that review, terminate 10or reduce the amount of the grant and reallocate 11the remaining grant funds to other State entities 12during the succeeding grant competition under 13this section. 14''(4) DIVERSITY OF PROJECTS.'--Each State enti- 15ty receiving a grant under this section shall award 16subgrants under this section in a manner that, to the 17extent possible, ensures that such subgrants'-- 18''(A) are distributed throughout different 19areas, including urban, suburban, and rural 20areas; and 21''(B) will assist charter schools representing 22a variety of educational approaches. 23''(5) WAIVERS.'--The Secretary may waive any 24statutory or regulatory requirement over which the 25
283 'S 1177 EAH Secretary exercises administrative authority, except 1for any such requirement relating to the elements of 2a charter school described in section 6101(3), if'-- 3''(A) the waiver is requested in an approved 4application under this section; and 5''(B) the Secretary determines that granting 6such a waiver will promote the purposes of this 7subpart. 8''(d) LIMITATIONS.'-- 9''(1) GRANTS.'--The Secretary shall not award a 10grant to a State entity under this section in a case 11in which such award would result in more than 1 12grant awarded under this section being carried out in 13a State at the same time. 14''(2) SUBGRANTS.'--An eligible applicant may 15not receive more than 1 subgrant under this section 16per individual charter school for a 5-year period, un- 17less the eligible applicant demonstrates to the State 18entity not less than 3 years of improved educational 19results in the areas described in subparagraphs (A) 20and (D) of section 3110(7) for students enrolled in 21such charter school. 22''(e) APPLICATIONS.'--A State entity desiring to receive 23a grant under this section shall submit an application to 24the Secretary at such time and in such manner as the Sec- 25
284 'S 1177 EAH retary may require. The application shall include the fol- 1lowing: 2''(1) DESCRIPTION OF PROGRAM.'--A description 3of the State entity's objectives under this section and 4how the objectives of the State entity's quality charter 5school program will be carried out, including a de- 6scription'-- 7''(A) of how the State entity'-- 8''(i) will support the opening of new 9charter schools, replicated, high-quality 10charter school models, or expanded, high- 11quality charter schools, and a description of 12the proposed number of each type of charter 13school or model, if applicable, to be opened 14under the State entity's program; 15''(ii) will inform eligible charter 16schools, developers, and authorized public 17chartering agencies of the availability of 18funds under the program; 19''(iii) will work with eligible appli- 20cants to ensure that the eligible applicants 21access all Federal funds that they are eligi- 22ble to receive, and help the charter schools 23supported by the applicants and the stu- 24dents attending the charter schools'-- 25
285 'S 1177 EAH ''(I) participate in the Federal 1programs in which the schools and stu- 2dents are eligible to participate; 3''(II) receive the commensurate 4share of Federal funds the schools and 5students are eligible to receive under 6such programs; and 7''(III) meet the needs of students 8served under such programs, including 9students with disabilities and English 10learners; 11''(iv) will have clear plans and proce- 12dures to assist students enrolled in a charter 13school that closes or loses its charter to at- 14tend other high-quality schools; 15''(v) in the case in which the State en- 16tity is not a State educational agency'-- 17''(I) will work with the State edu- 18cational agency and the charter schools 19in the State to maximize charter school 20participation in Federal and State 21programs for charter schools; and 22''(II) will work with the State 23educational agency to adequately oper- 24
286 'S 1177 EAH ate the State entity's program under 1this section, where applicable; 2''(vi) will ensure each eligible appli- 3cant that receives a subgrant under the 4State entity's program to open and prepare 5to operate a new charter school, a rep- 6licated, high-quality charter school model, 7or an expanded, high-quality charter 8school'-- 9''(I) will ensure such school or 10model meets the requirements under 11section 6101(3); and 12''(II) is prepared to continue to 13operate such school or model, in a 14manner consistent with the eligible ap- 15plicant's application, after the 16subgrant funds have expired; 17''(vii) will support charter schools in 18local educational agencies with large num- 19bers of schools identified by the State for 20improvement, including supporting the use 21of charter schools to improve, or in turning 22around, struggling schools; 23''(viii) will work with charter schools 24to promote inclusion of all students, includ- 25
287 'S 1177 EAH ing eliminating any barriers to enrollment 1for foster youth or unaccompanied homeless 2youth, and support all students once they 3are enrolled to promote retention including 4through the use of fair disciplinary practice; 5''(ix) will work with charter schools on 6recruitment practices, including efforts to 7engage groups that may otherwise have lim- 8ited opportunities to participate in charter 9schools, and to ensure such schools do not 10have in effect policies or procedures that 11may create barriers to enrollment of stu- 12dents, including educationally disadvan- 13taged students, and are in compliance with 14all Federal and State laws on enrollment 15practices; 16''(x) will share best and promising 17practices between charter schools and other 18public schools, including, where appro- 19priate, instruction and professional develop- 20ment in science, technology, engineering, 21and math education, including computer 22science, and other subjects; 23''(xi) will ensure the charter schools re- 24ceiving funds under the State entity's pro- 25
288 'S 1177 EAH gram meet the educational needs of their 1students, including students with disabil- 2ities and English learners; 3''(xii) will support efforts to increase 4quality initiatives, including meeting the 5quality authorizing elements described in 6paragraph (2)(E); 7''(xiii) in the case of a State entity not 8described in clause (xiv), will provide over- 9sight of authorizing activity, including how 10the State will help ensure better author- 11izing, such as by establishing authorizing 12standards that may include approving, ac- 13tively monitoring, and re-approving or re- 14voking the authority of an authorized public 15chartering agency based on the performance 16of the charter schools authorized by such 17agency in the areas of student achievement, 18student safety, financial and operational 19management, and compliance with all ap- 20plicable statutes and regulations; 21''(xiv) in the case of a State entity de- 22fined in subsection (i)(4), will work with 23the State to support the State's system of 24assistance and oversight of authorized pub- 25
289 'S 1177 EAH lic chartering agencies for authorizing ac- 1tivity described in clause (xiii); and 2''(xv) will work with eligible appli- 3cants receiving a subgrant under the State 4entity's program to support the opening of 5charter schools or charter school models de- 6scribed in clause (i) that are secondary 7schools; 8''(B) of the extent to which the State enti- 9ty'-- 10''(i) is able to meet and carry out the 11priorities listed in subsection (f)(2); 12''(ii) is working to develop or strength- 13en a cohesive statewide system to support 14the opening of new charter schools, rep- 15licated, high-quality charter school models, 16or expanded, high-quality charter schools; 17and 18''(iii) is working to develop or 19strengthen a cohesive strategy to encourage 20collaboration between charter schools and 21local educational agencies on the sharing of 22best practices; 23''(C) of how the State entity will carry out 24the subgrant competition, including'-- 25
290 'S 1177 EAH ''(i) a description of the application 1each eligible applicant desiring to receive a 2subgrant will submit, including'-- 3''(I) a description of the roles and 4responsibilities of the eligible appli- 5cant, partner organizations, and man- 6agement organizations, including the 7administrative and contractual roles 8and responsibilities; 9''(II) a description of the quality 10controls agreed to between the eligible 11applicant and the authorized public 12chartering agency involved, such as a 13contract or performance agreement, 14how a school's performance in the 15State's academic accountability system 16will be one of the most important fac- 17tors for renewal or revocation of the 18school's charter, and how the State en- 19tity and the authorized public char- 20tering agency involved will reserve the 21right to revoke or not renew a school's 22charter based on financial, structural, 23or operational factors involving the 24management of the school; 25
291 'S 1177 EAH ''(III) a description of how the eli- 1gible applicant will solicit and con- 2sider input from parents and other 3members of the community on the im- 4plementation and operation of each 5charter school that will receive funds 6under the State entity's program; and 7''(IV) a description of the planned 8activities and expenditures for the 9subgrant funds for purposes of opening 10and preparing to operate a new char- 11ter school, a replicated, high-quality 12charter school model, or an expanded, 13high-quality charter school, and how 14the school or model will maintain fi- 15nancial sustainability after the end of 16the subgrant period; and 17''(ii) a description of how the State en- 18tity will review applications; 19''(D) in the case of a State entity that part- 20ners with an outside organization to carry out 21the State entity's quality charter school program, 22in whole or in part, of the roles and responsibil- 23ities of this partner; 24
292 'S 1177 EAH ''(E) of how the State entity will help the 1charter schools receiving funds under the State 2entity's program consider the transportation 3needs of the schools' students; and 4''(F) of how the State entity will support 5diverse charter school models, including models 6that serve rural communities. 7''(2) ASSURANCES.'--Assurances, including a de- 8scription of how the assurances will be met, that'-- 9''(A) each charter school receiving funds 10under the State entity's program will have a 11high degree of autonomy over budget and oper- 12ations; 13''(B) the State entity will support charter 14schools in meeting the educational needs of their 15students as described in paragraph (1)(A)(xi); 16''(C) the State entity will ensure that the 17authorized public chartering agency of any char- 18ter school that receives funds under the State en- 19tity's program'-- 20''(i) adequately monitors each such 21charter school in recruiting, enrolling, and 22meeting the needs of all students, including 23students with disabilities and English 24learners; and 25
293 'S 1177 EAH ''(ii) ensures that each such charter 1school solicits and considers input from 2parents and other members of the commu- 3nity on the implementation and operation 4of the school; 5''(D) the State entity will provide adequate 6technical assistance to eligible applicants to'-- 7''(i) meet the objectives described in 8clauses (viii) and (ix) of paragraph (1)(A) 9and subparagraph (B) of this paragraph; 10and 11''(ii) recruit, enroll, and retain tradi- 12tionally underserved students, including 13students with disabilities and English 14learners, at rates similar to traditional 15public schools; 16''(E) the State entity will promote quality 17authorizing, such as through providing technical 18assistance and supporting all authorized public 19chartering agencies in the State to improve the 20oversight of their charter schools, including by'-- 21''(i) assessing annual performance data 22of the schools, including, as appropriate, 23graduation rates, student academic growth, 24and rates of student attrition; 25
294 'S 1177 EAH ''(ii) reviewing the schools' inde- 1pendent, annual audits of financial state- 2ments conducted in accordance with gen- 3erally accepted accounting principles, and 4ensuring any such audits are publically re- 5ported; and 6''(iii) holding charter schools account- 7able to the academic, financial, and oper- 8ational quality controls agreed to between 9the charter school and the authorized public 10chartering agency involved, such as through 11renewal, non-renewal, or revocation of the 12school's charter; 13''(F) the State entity will work to ensure 14that charter schools are included with the tradi- 15tional public schools in decisionmaking about the 16public school system in the State; and 17''(G) The State entity will ensure that each 18charter school receiving funds under the State 19entity's program makes publicly available, con- 20sistent with the dissemination requirements of 21the annual State report card, information to 22help parents make informed decisions about the 23education options available to their children, in- 24cluding information for each school on'-- 25
295 'S 1177 EAH ''(i) the educational program; 1''(ii) student support services; 2''(iii) annual performance and enroll- 3ment data, disaggregated by the groups of 4students described in section 51111(b)(3)(B)(ii)(II), except that such 6disaggregation shall not be required in a 7case in which the number of students in a 8group is insufficient to yield statistically re- 9liable information or the results would re- 10veal personally identifiable information 11about an individual student; and 12''(iv) any other information the State 13requires all other public schools to report for 14purposes of section 1111(h)(1)(D). 15''(3) REQUESTS FOR WAIVERS.'--A request and 16justification for waivers of any Federal statutory or 17regulatory provisions that the State entity believes are 18necessary for the successful operation of the charter 19schools that will receive funds under the State entity's 20program under this section or, in the case of a State 21entity defined in subsection (i)(4), a description of 22how the State entity will work with the State to re- 23quest such necessary waivers, where applicable, and a 24description of any State or local rules, generally ap- 25
296 'S 1177 EAH plicable to public schools, that will be waived, or oth- 1erwise not apply to such schools. 2''(f) SELECTIONCRITERIA; PRIORITY.'-- 3''(1) SELECTION CRITERIA.'--The Secretary shall 4award grants to State entities under this section on 5the basis of the quality of the applications submitted 6under subsection (e), after taking into consider- 7ation'-- 8''(A) the degree of flexibility afforded by the 9State's public charter school law and how the 10State entity will work to maximize the flexibility 11provided to charter schools under the law; 12''(B) the ambitiousness of the State entity's 13objectives for the quality charter school program 14carried out under this section; 15''(C) the quality of the strategy for assessing 16achievement of those objectives; 17''(D) the likelihood that the eligible appli- 18cants receiving subgrants under the program will 19meet those objectives and improve educational re- 20sults for students; 21''(E) the State entity's plan to'-- 22''(i) adequately monitor the eligible ap- 23plicants receiving subgrants under the State 24entity's program; 25
297 'S 1177 EAH ''(ii) work with the authorized public 1chartering agencies involved to avoid dupli- 2cation of work for the charter schools and 3authorized public chartering agencies; and 4''(iii) provide adequate technical as- 5sistance and support for'-- 6''(I) the charter schools receiving 7funds under the State entity's pro- 8gram; and 9''(II) quality authorizing efforts 10in the State; and 11''(F) the State entity's plan to solicit and 12consider input from parents and other members 13of the community on the implementation and op- 14eration of the charter schools in the State. 15''(2) PRIORITY.'--In awarding grants under this 16section, the Secretary shall give priority to State enti- 17ties to the extent that they meet the following criteria: 18''(A) The State entity is located in a 19State'-- 20''(i) that allows at least one entity that 21is not a local educational agency to be an 22authorized public chartering agency for de- 23velopers seeking to open a charter school in 24the State; or 25
298 'S 1177 EAH ''(ii) in which local educational agen- 1cies are the only authorized public char- 2tering agencies and that has an appeals 3process for the denial of an application for 4a charter school; 5''(B) The State entity is located in a State 6that does not impose any limitation on the num- 7ber or percentage of charter schools that may 8exist or the number or percentage of students 9that may attend charter schools in the State. 10''(C) The State entity is located in a State 11that ensures equitable financing, as compared to 12traditional public schools, for charter schools and 13students in a prompt manner. 14''(D) The State entity is located in a State 15that uses best practices from charter schools to 16help improve struggling schools and local edu- 17cational agencies. 18''(E) The State entity partners with an or- 19ganization that has a demonstrated record of 20success in developing management organizations 21to support the development of charter schools in 22the State. 23''(F) The State entity supports charter 24schools that support at-risk students through ac- 25
299 'S 1177 EAH tivities such as dropout prevention, dropout re- 1covery, or comprehensive career counseling prac- 2tices. 3''(G) The State entity authorizes all charter 4schools in the State to serve as school food au- 5thorities. 6''(H) The State entity has taken steps to en- 7sure that all authorizing public chartering agen- 8cies implement best practices for charter school 9authorizing. 10''(I) The State entity is able to demonstrate 11that its State provides charter schools one or 12more of the following: 13''(i) Funding for facilities. 14''(ii) Assistance with the acquisition of 15facilities. 16''(iii) Access to public facilities. 17''(iv) The right of first refusal to pur- 18chase public school buildings. 19''(v) Low or no cost leasing privileges. 20''(g) LOCALUSES OFFUNDS.'--An eligible applicant 21receiving a subgrant under this section shall use such funds 22to carry out activities related to opening and preparing to 23operate a new charter school, a replicated, high-quality 24
300 'S 1177 EAH charter school model, or an expanded, high-quality charter 1school, such as'-- 2''(1) preparing teachers and school leaders, in- 3cluding through professional development; 4''(2) acquiring equipment, educational materials, 5and supplies; and 6''(3) carrying out necessary renovations and 7minor facilities repairs (excluding construction). 8''(h) REPORTINGREQUIREMENTS.'--Each State entity 9receiving a grant under this section shall submit to the Sec- 10retary, at the end of the third year of the 5-year grant pe- 11riod and at the end of such grant period, a report on'-- 12''(1) the number of students served by each 13subgrant awarded under this section and, if applica- 14ble, how many new students were served during each 15year of the subgrant period; 16''(2) the progress the State entity made toward 17meeting the priorities described in subsection (f)(2), 18as applicable; 19''(3) how the State entity met the objectives of the 20quality charter school program described in the State 21entity's application under subsection (e), including 22how the State entity met the objective of sharing best 23and promising practices described in subsection 24(e)(1)(A)(x) in areas such as instruction, professional 25
301 'S 1177 EAH development, curricula development, and operations 1between charter schools and other public schools, and 2the extent to which, if known, such practices were 3adopted and implemented by such other public 4schools; 5''(4) how the State entity complied with, and en- 6sured that eligible applicants complied with, the as- 7surances described in the State entity's application; 8''(5) how the State entity worked with authorized 9public chartering agencies, including how the agencies 10worked with the management company or leadership 11of the schools that received subgrants under this sec- 12tion; 13''(6) the number of subgrants awarded under this 14section to carry out each of the following: 15''(A) the opening of new charter schools; 16''(B) the opening of replicated, high-quality 17charter school models; and 18''(C) the opening of expanded, high-quality 19charter schools; and 20''(7) how the State entity has worked with char- 21ter schools receiving funds under the State entity's 22program to foster community involvement in the 23planning for and opening of such schools. 24
302 'S 1177 EAH ''(i) STATEENTITYDEFINED.'--For purposes of this 1section, the term 'State entity' means'-- 2''(1) a State educational agency; 3''(2) a State charter school board; 4''(3) a Governor of a State; or 5''(4) a charter school support organization. 6''SEC. 3104. FACILITIES FINANCING ASSISTANCE. 7''(a) GRANTS TOELIGIBLEENTITIES.'-- 8''(1) IN GENERAL.'--From the amount reserved 9under section 3102(b)(1), the Secretary shall not use 10less than 50 percent to award grants to eligible enti- 11ties that have the highest-quality applications ap- 12proved under subsection (d), after considering the di- 13versity of such applications, to demonstrate innova- 14tive methods of assisting charter schools to address the 15cost of acquiring, constructing, and renovating facili- 16ties by enhancing the availability of loans or bond fi- 17nancing. 18''(2) ELIGIBLE ENTITY DEFINED.'--For purposes 19of this section, the term 'eligible entity' means'-- 20''(A) a public entity, such as a State or 21local governmental entity; 22''(B) a private nonprofit entity; or 23''(C) a consortium of entities described in 24subparagraphs (A) and (B). 25
303 'S 1177 EAH ''(b) GRANTEESELECTION.'--The Secretary shall 1evaluate each application submitted under subsection (d), 2and shall determine whether the application is sufficient 3to merit approval. 4''(c) GRANTCHARACTERISTICS.'--Grants under sub- 5section (a) shall be of a sufficient size, scope, and quality 6so as to ensure an effective demonstration of an innovative 7means of enhancing credit for the financing of charter 8school acquisition, construction, or renovation. 9''(d) APPLICATIONS.'-- 10''(1) IN GENERAL.'--To receive a grant under 11subsection (a), an eligible entity shall submit to the 12Secretary an application in such form as the Sec- 13retary may reasonably require. 14''(2) CONTENTS.'--An application submitted 15under paragraph (1) shall contain'-- 16''(A) a statement identifying the activities 17proposed to be undertaken with funds received 18under subsection (a), including how the eligible 19entity will determine which charter schools will 20receive assistance, and how much and what types 21of assistance charter schools will receive; 22''(B) a description of the involvement of 23charter schools in the application's development 24and the design of the proposed activities; 25
304 'S 1177 EAH ''(C) a description of the eligible entity's ex- 1pertise in capital market financing; 2''(D) a description of how the proposed ac- 3tivities will leverage the maximum amount of 4private-sector financing capital relative to the 5amount of public funding used and otherwise en- 6hance credit available to charter schools, includ- 7ing how the eligible entity will offer a combina- 8tion of rates and terms more favorable than the 9rates and terms that a charter school could re- 10ceive without assistance from the eligible entity 11under subsection (a); 12''(E) a description of how the eligible entity 13possesses sufficient expertise in education to 14evaluate the likelihood of success of a charter 15school program for which facilities financing is 16sought; and 17''(F) in the case of an application submitted 18by a State governmental entity, a description of 19the actions that the entity has taken, or will 20take, to ensure that charter schools within the 21State receive the funding the charter schools need 22to have adequate facilities. 23''(e) CHARTERSCHOOLOBJECTIVES.'--An eligible en- 24tity receiving a grant under subsection (a) shall use the 25
305 'S 1177 EAH funds deposited in the reserve account established under 1subsection (f) to assist one or more charter schools to access 2private sector capital to accomplish one or more of the fol- 3lowing objectives: 4''(1) The acquisition (by purchase, lease, dona- 5tion, or otherwise) of an interest (including an inter- 6est held by a third party for the benefit of a charter 7school) in improved or unimproved real property that 8is necessary to commence or continue the operation of 9a charter school. 10''(2) The construction of new facilities, or the 11renovation, repair, or alteration of existing facilities, 12necessary to commence or continue the operation of a 13charter school. 14''(3) The predevelopment costs required to assess 15sites for purposes of paragraph (1) or (2) and which 16are necessary to commence or continue the operation 17of a charter school. 18''(f) RESERVEACCOUNT.'-- 19''(1) USE OF FUNDS.'--To assist charter schools 20to accomplish the objectives described in subsection 21(e), an eligible entity receiving a grant under sub- 22section (a) shall, in accordance with State and local 23law, directly or indirectly, alone or in collaboration 24with others, deposit the funds received under sub- 25
306 'S 1177 EAH section (a) (other than funds used for administrative 1costs in accordance with subsection (g)) in a reserve 2account established and maintained by the eligible en- 3tity for this purpose. Amounts deposited in such ac- 4count shall be used by the eligible entity for one or 5more of the following purposes: 6''(A) Guaranteeing, insuring, and rein- 7suring bonds, notes, evidences of debt, loans, and 8interests therein, the proceeds of which are used 9for an objective described in subsection (e). 10''(B) Guaranteeing and insuring leases of 11personal and real property for an objective de- 12scribed in subsection (e). 13''(C) Facilitating financing by identifying 14potential lending sources, encouraging private 15lending, and other similar activities that directly 16promote lending to, or for the benefit of, charter 17schools. 18''(D) Facilitating the issuance of bonds by 19charter schools, or by other public entities for the 20benefit of charter schools, by providing technical, 21administrative, and other appropriate assistance 22(including the recruitment of bond counsel, un- 23derwriters, and potential investors and the con- 24
307 'S 1177 EAH solidation of multiple charter school projects 1within a single bond issue). 2''(2) INVESTMENT.'--Funds received under sub- 3section (a) and deposited in the reserve account estab- 4lished under paragraph (1) shall be invested in obli- 5gations issued or guaranteed by the United States or 6a State, or in other similarly low-risk securities. 7''(3) REINVESTMENT OF EARNINGS.'--Any earn- 8ings on funds received under subsection (a) shall be 9deposited in the reserve account established under 10paragraph (1) and used in accordance with such 11paragraph. 12''(g) LIMITATION ONADMINISTRATIVECOSTS.'--An eli- 13gible entity may use not more than 2.5 percent of the funds 14received under subsection (a) for the administrative costs 15of carrying out its responsibilities under this section (ex- 16cluding subsection (k)). 17''(h) AUDITS ANDREPORTS.'-- 18''(1) FINANCIAL RECORD MAINTENANCE AND 19AUDIT.'--The financial records of each eligible entity 20receiving a grant under subsection (a) shall be main- 21tained in accordance with generally accepted account- 22ing principles and shall be subject to an annual audit 23by an independent public accountant. 24''(2) REPORTS.'-- 25
308 'S 1177 EAH ''(A) GRANTEE ANNUAL REPORTS.'--Each el- 1igible entity receiving a grant under subsection 2(a) annually shall submit to the Secretary a re- 3port of its operations and activities under this 4section (excluding subsection (k)). 5''(B) CONTENTS.'--Each annual report sub- 6mitted under subparagraph (A) shall include'-- 7''(i) a copy of the most recent financial 8statements, and any accompanying opinion 9on such statements, prepared by the inde- 10pendent public accountant reviewing the fi- 11nancial records of the eligible entity; 12''(ii) a copy of any report made on an 13audit of the financial records of the eligible 14entity that was conducted under paragraph 15(1) during the reporting period; 16''(iii) an evaluation by the eligible en- 17tity of the effectiveness of its use of the Fed- 18eral funds provided under subsection (a) in 19leveraging private funds; 20''(iv) a listing and description of the 21charter schools served during the reporting 22period, including the amount of funds used 23by each school, the type of project facilitated 24
309 'S 1177 EAH by the grant, and the type of assistance pro- 1vided to the charter schools; 2''(v) a description of the activities car- 3ried out by the eligible entity to assist char- 4ter schools in meeting the objectives set forth 5in subsection (e); and 6''(vi) a description of the characteris- 7tics of lenders and other financial institu- 8tions participating in the activities under- 9taken by the eligible entity under this sec- 10tion (excluding subsection (k)) during the 11reporting period. 12''(C) SECRETARIAL REPORT.'--The Sec- 13retary shall review the reports submitted under 14subparagraph (A) and shall provide a com- 15prehensive annual report to Congress on the ac- 16tivities conducted under this section (excluding 17subsection (k)). 18''(i) NOFULLFAITH ANDCREDIT FORGRANTEEOB- 19LIGATION.'--No financial obligation of an eligible entity en- 20tered into pursuant to this section (such as an obligation 21under a guarantee, bond, note, evidence of debt, or loan) 22shall be an obligation of, or guaranteed in any respect by, 23the United States. The full faith and credit of the United 24States is not pledged to the payment of funds which may 25
310 'S 1177 EAH be required to be paid under any obligation made by an 1eligible entity pursuant to any provision of this section. 2''(j) RECOVERY OFFUNDS.'-- 3''(1) IN GENERAL.'--The Secretary, in accordance 4with chapter 37 of title 31, United States Code, shall 5collect'-- 6''(A) all of the funds in a reserve account es- 7tablished by an eligible entity under subsection 8(f)(1) if the Secretary determines, not earlier 9than 2 years after the date on which the eligible 10entity first received funds under subsection (a), 11that the eligible entity has failed to make sub- 12stantial progress in carrying out the purposes 13described in subsection (f)(1); or 14''(B) all or a portion of the funds in a re- 15serve account established by an eligible entity 16under subsection (f)(1) if the Secretary deter- 17mines that the eligible entity has permanently 18ceased to use all or a portion of the funds in 19such account to accomplish any purpose de- 20scribed in subsection (f)(1). 21''(2) EXERCISE OF AUTHORITY.'--The Secretary 22shall not exercise the authority provided in paragraph 23(1) to collect from any eligible entity any funds that 24
311 'S 1177 EAH are being properly used to achieve one or more of the 1purposes described in subsection (f)(1). 2''(3) PROCEDURES.'--The provisions of sections 3451, 452, and 458 of the General Education Provi- 4sions Act (20 U.S.C. 124, 1234a, 1234g) shall apply 5to the recovery of funds under paragraph (1). 6''(4) CONSTRUCTION.'--This subsection shall not 7be construed to impair or affect the authority of the 8Secretary to recover funds under part D of the Gen- 9eral Education Provisions Act (20 U.S.C. 1234 et 10seq.). 11''(k) PER-PUPILFACILITIESAIDPROGRAM.'-- 12''(1) DEFINITION OF PER-PUPIL FACILITIES AID 13PROGRAM.'--In this subsection, the term 'per-pupil fa- 14cilities aid program' means a program in which a 15State makes payments, on a per-pupil basis, to char- 16ter schools to provide the schools with financing'-- 17''(A) that is dedicated solely for funding 18charter school facilities; or 19''(B) a portion of which is dedicated for 20funding charter school facilities. 21''(2) GRANTS.'-- 22''(A) IN GENERAL.'--From the amount 23under section 3102(b)(1) remaining after the 24Secretary makes grants under subsection (a), the 25
312 'S 1177 EAH Secretary shall make grants, on a competitive 1basis, to States to pay for the Federal share of 2the cost of establishing or enhancing, and admin- 3istering per-pupil facilities aid programs. 4''(B) PERIOD.'--The Secretary shall award 5grants under this subsection for periods of not 6more than 5 years. 7''(C) FEDERAL SHARE.'--The Federal share 8of the cost described in subparagraph (A) for a 9per-pupil facilities aid program shall be not 10more than'-- 11''(i) 90 percent of the cost, for the first 12fiscal year for which the program receives 13assistance under this subsection; 14''(ii) 80 percent in the second such 15year; 16''(iii) 60 percent in the third such 17year; 18''(iv) 40 percent in the fourth such 19year; and 20''(v) 20 percent in the fifth such year. 21''(D) STATE SHARE.'--A State receiving a 22grant under this subsection may partner with 1 23or more organizations to provide up to 50 per- 24cent of the State share of the cost of establishing 25
313 'S 1177 EAH or enhancing, and administering the per-pupil 1facilities aid program. 2''(E) MULTIPLE GRANTS.'--A State may re- 3ceive more than 1 grant under this subsection, so 4long as the amount of such funds provided to 5charter schools increases with each successive 6grant. 7''(3) USE OF FUNDS.'-- 8''(A) IN GENERAL.'--A State that receives a 9grant under this subsection shall use the funds 10made available through the grant to establish or 11enhance, and administer, a per-pupil facilities 12aid program for charter schools in the State of 13the applicant. 14''(B) EVALUATIONS; TECHNICAL ASSIST- 15ANCE; DISSEMINATION.'--From the amount made 16available to a State through a grant under this 17subsection for a fiscal year, the State may re- 18serve not more than 5 percent to carry out eval- 19uations, to provide technical assistance, and to 20disseminate information. 21''(C) SUPPLEMENT, NOT SUPPLANT.'--Funds 22made available under this subsection shall be 23used to supplement, and not supplant, State and 24local public funds expended to provide per pupil 25
314 'S 1177 EAH facilities aid programs, operations financing 1programs, or other programs, for charter schools. 2''(4) REQUIREMENTS.'-- 3''(A) VOLUNTARY PARTICIPATION.'--No State 4may be required to participate in a program 5carried out under this subsection. 6''(B) STATE LAW.'-- 7''(i) IN GENERAL.'--Except as provided 8in clause (ii), to be eligible to receive a 9grant under this subsection, a State shall 10establish or enhance, and administer, a per- 11pupil facilities aid program for charter 12schools in the State, that'-- 13''(I) is specified in State law; and 14''(II) provides annual financing, 15on a per-pupil basis, for charter school 16facilities. 17''(ii) SPECIAL RULE.'--Notwith- 18standing clause (i), a State that is required 19under State law to provide its charter 20schools with access to adequate facility 21space, but which does not have a per-pupil 22facilities aid program for charter schools 23specified in State law, may be eligible to re- 24ceive a grant under this subsection if the 25
315 'S 1177 EAH State agrees to use the funds to develop a 1per-pupil facilities aid program consistent 2with the requirements of this subsection. 3''(5) APPLICATIONS.'--To be eligible to receive a 4grant under this subsection, a State shall submit an 5application to the Secretary at such time, in such 6manner, and containing such information as the Sec- 7retary may require. 8''SEC. 3105. NATIONAL ACTIVITIES. 9''(a) INGENERAL.'--Of the amount reserved under sec- 10tion 3102(b)(2), the Secretary shall'-- 11''(1) use not less than 75 percent of such amount 12to award grants in accordance with subsection (b); 13and 14''(2) use not more than 25 percent of such 15amount to'-- 16''(A) provide technical assistance to State 17entities in awarding subgrants under section 183103, and eligible entities and States receiving 19grants under section 3104; 20''(B) disseminate best practices; and 21''(C) evaluate the impact of the charter 22school program, including the impact on student 23achievement, carried out under this subpart. 24''(b) GRANTS.'-- 25
316 'S 1177 EAH ''(1) IN GENERAL.'--The Secretary shall make 1grants, on a competitive basis, to eligible applicants 2for the purpose of carrying out the activities described 3in section 3102(a)(1), subparagraphs (A) through (C) 4of section 3103(a)(1), and section 3103(g). 5''(2) TERMS AND CONDITIONS.'--Except as other- 6wise provided in this subsection, grants awarded 7under this subsection shall have the same terms and 8conditions as grants awarded to State entities under 9section 3103. 10''(3) CHARTER MANAGEMENT ORGANIZATIONS.'-- 11The Secretary shall'-- 12''(A) of the amount described in subsection 13(a)(1), use not less than 75 percent to make 14grants, on a competitive basis, to eligible appli- 15cants described in paragraph (4)(B); and 16''(B) notwithstanding paragraphs (1)(A) 17and (2) of section 3103(f)'-- 18''(i) award grants to eligible appli- 19cants on the basis of the quality of the ap- 20plications submitted under this subsection; 21and 22''(ii) in awarding grants to eligible ap- 23plicants described in paragraph (4)(B) of 24
317 'S 1177 EAH this subsection, take into consideration 1whether such an eligible applicant'-- 2''(I) demonstrates a high propor- 3tion of high-quality charter schools 4within the network of the eligible ap- 5plicant; 6''(II) demonstrates success in serv- 7ing students who are educationally dis- 8advantaged; 9''(III) does not have a significant 10proportion of charter schools that have 11been closed, had their charter revoked 12for compliance issues, or had their af- 13filiation with such eligible applicant 14revoked; 15''(IV) has sufficient procedures in 16effect to ensure timely closure of low- 17performing or financially mismanaged 18charter schools and clear plans and 19procedures in effect for the students in 20such schools to attend other high-qual- 21ity schools; and 22''(V) demonstrates success in 23working with schools identified for im- 24provement by the State. 25
318 'S 1177 EAH ''(4) ELIGIBLE APPLICANT DEFINED.'--For pur- 1poses of this subsection, the term 'eligible applicant' 2means an eligible applicant (as defined in section 33110) that'-- 4''(A) desires to open a charter school in'-- 5''(i) a State that did not apply for a 6grant under section 3103; or 7''(ii) a State that did not receive a 8grant under section 3103; or 9''(B) is a charter management organization. 10''(c) CONTRACTS ANDGRANTS.'--The Secretary may 11carry out any of the activities described in this section di- 12rectly or through grants, contracts, or cooperative agree- 13ments. 14''SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 15FIRST YEAR AND FOR SUCCESSIVE ENROLL-16MENT EXPANSIONS. 17''(a) INGENERAL.'--For purposes of the allocation to 18schools by the States or their agencies of funds under part 19A of title I, and any other Federal funds which the Sec- 20retary allocates to States on a formula basis, the Secretary 21and each State educational agency shall take such measures 22as are necessary to ensure that every charter school receives 23the Federal funding for which the charter school is eligible 24not later than 5 months after the charter school first opens, 25
319 'S 1177 EAH notwithstanding the fact that the identity and characteris- 1tics of the students enrolling in that charter school are not 2fully and completely determined until that charter school 3actually opens. The measures similarly shall ensure that 4every charter school expanding its enrollment in any subse- 5quent year of operation receives the Federal funding for 6which the charter school is eligible not later than 5 months 7after such expansion. 8''(b) ADJUSTMENT ANDLATEOPENINGS.'-- 9''(1) IN GENERAL.'--The measures described in 10subsection (a) shall include provision for appropriate 11adjustments, through recovery of funds or reduction of 12payments for the succeeding year, in cases where pay- 13ments made to a charter school on the basis of esti- 14mated or projected enrollment data exceed the 15amounts that the school is eligible to receive on the 16basis of actual or final enrollment data. 17''(2) RULE.'--For charter schools that first open 18after November 1 of any academic year, the State, in 19accordance with guidance provided by the Secretary 20and applicable Federal statutes and regulations, shall 21ensure that such charter schools that are eligible for 22the funds described in subsection (a) for such aca- 23demic year have a full and fair opportunity to receive 24
320 'S 1177 EAH those funds during the charter schools' first year of 1operation. 2''SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 3SCHOOL OPERATORS. 4''To the extent practicable, the Secretary shall ensure 5that administrators, teachers, and other individuals di- 6rectly involved in the operation of charter schools are con- 7sulted in the development of any rules or regulations re- 8quired to implement this subpart, as well as in the develop- 9ment of any rules or regulations relevant to charter schools 10that are required to implement part A of title I, the Individ- 11uals with Disabilities Education Act, or any other program 12administered by the Secretary that provides education 13funds to charter schools or regulates the activities of charter 14schools. 15''SEC. 3108. RECORDS TRANSFER. 16''State educational agencies and local educational 17agencies, as quickly as possible and to the extent prac- 18ticable, shall ensure that a student's records and, if applica- 19ble, a student's individualized education program as de- 20fined in section 602(14) of the Individuals with Disabilities 21Education Act, are transferred to a charter school upon the 22transfer of the student to the charter school, and to another 23public school upon the transfer of the student from a charter 24
321 'S 1177 EAH school to another public school, in accordance with applica- 1ble State law. 2''SEC. 3109. PAPERWORK REDUCTION. 3''To the extent practicable, the Secretary and each au- 4thorized public chartering agency shall ensure that imple- 5mentation of this subpart results in a minimum of paper- 6work for any eligible applicant or charter school. 7''SEC. 3110. DEFINITIONS. 8''In this subpart: 9''(1) CHARTER MANAGEMENT ORGANIZATION.'-- 10The term 'charter management organization' means a 11nonprofit organization that manages a network of 12charter schools linked by centralized support, oper- 13ations, and oversight. 14''(2) CHARTER SCHOOL SUPPORT ORGANIZA- 15TION.'--The term 'charter school support organization' 16means a nonprofit, nongovernmental entity that is 17not an authorized public chartering agency, which 18provides on a statewide basis'-- 19''(A) assistance to developers during the 20planning, program design, and initial imple- 21mentation of a charter school; and 22''(B) technical assistance to charter schools 23to operate such schools. 24
322 'S 1177 EAH ''(3) DEVELOPER.'--The term 'developer' means 1an individual or group of individuals (including a 2public or private nonprofit organization), which may 3include teachers, administrators and other school 4staff, parents, or other members of the local commu- 5nity in which a charter school project will be carried 6out. 7''(4) ELIGIBLE APPLICANT.'--The term 'eligible 8applicant' means a developer that has'-- 9''(A) applied to an authorized public char- 10tering authority to operate a charter school; and 11''(B) provided adequate and timely notice to 12that authority. 13''(5) AUTHORIZED PUBLIC CHARTERING AGEN- 14CY.'--The term 'authorized public chartering agency' 15means a State educational agency, local educational 16agency, or other public entity that has the authority 17pursuant to State law and approved by the Secretary 18to authorize or approve a charter school. 19''(6) EXPANDED, HIGH-QUALITY CHARTER 20SCHOOL.'--The term 'expanded, high-quality charter 21school' means a high-quality charter school that has 22either significantly increased its enrollment or added 23one or more grades to its school. 24
323 'S 1177 EAH ''(7) HIGH-QUALITY CHARTER SCHOOL.'--The 1term 'high-quality charter school' means a charter 2school that'-- 3''(A) shows evidence of strong academic re- 4sults, which may include strong academic growth 5as determined by a State; 6''(B) has no significant issues in the areas 7of student safety, operational and financial man- 8agement, or statutory or regulatory compliance; 9''(C) has demonstrated success in signifi- 10cantly increasing student academic achievement, 11including graduation rates where applicable, 12consistent with the requirements under title I, for 13all students served by the charter school; and 14''(D) has demonstrated success in increasing 15student academic achievement, including grad- 16uation rates where applicable, for the groups of 17students described in section 181111(b)(3)(B)(ii)(II), except that such dem- 19onstration is not required in a case in which the 20number of students in a group is insufficient to 21yield statistically reliable information or the re- 22sults would reveal personally identifiable infor- 23mation about an individual student. 24
324 'S 1177 EAH ''(8) REPLICATED, HIGH-QUALITY CHARTER 1SCHOOL MODEL.'--The term 'replicated, high-quality 2charter school model' means a high-quality charter 3school that has opened a new campus under an exist- 4ing charter or an additional charter if required or 5permitted by State law. 6''Subpart 2'--Magnet School Assistance 7''SEC. 3121. PURPOSE. 8''The purpose of this subpart is to assist in the desegre- 9gation of schools served by local educational agencies by 10providing financial assistance to eligible local educational 11agencies for'-- 12''(1) the elimination, reduction, or prevention of 13minority group isolation in elementary schools and 14secondary schools with substantial proportions of mi- 15nority students, which shall include assisting in the 16efforts of the United States to achieve voluntary deseg- 17regation in public schools; 18''(2) the development and implementation of 19magnet school programs that will assist local edu- 20cational agencies in achieving systemic reforms and 21providing all students the opportunity to meet State 22academic standards; 23''(3) the development and design of innovative 24educational methods and practices that promote di- 25
325 'S 1177 EAH versity and increase choices in public elementary 1schools and public secondary schools and public edu- 2cational programs; 3''(4) courses of instruction within magnet schools 4that will substantially strengthen the knowledge of 5academic subjects and the attainment of tangible and 6marketable career, technical, and professional skills of 7students attending such schools; 8''(5) improving the ability of local educational 9agencies, including through professional development, 10to continue operating magnet schools at a high per- 11formance level after Federal funding for the magnet 12schools is terminated; and 13''(6) ensuring that students enrolled in the mag- 14net school programs have equitable access to a quality 15education that will enable the students to succeed aca- 16demically and continue with postsecondary education 17or employment. 18''SEC. 3122. DEFINITION. 19''For the purpose of this subpart, the term 'magnet 20school' means a public elementary school, public secondary 21school, public elementary education center, or public sec- 22ondary education center that offers a special curriculum ca- 23pable of attracting substantial numbers of students of dif- 24ferent racial backgrounds. 25
326 'S 1177 EAH ''SEC. 3123. PROGRAM AUTHORIZED. 1''From the amount appropriated under section 23(c)(1)(B), the Secretary, in accordance with this subpart, 3is authorized to award grants to eligible local educational 4agencies, and consortia of such agencies where appropriate, 5to carry out the purpose of this subpart for magnet schools 6that are'-- 7''(1) part of an approved desegregation plan; 8and 9''(2) designed to bring students from different so- 10cial, economic, ethnic, and racial backgrounds to- 11gether. 12''SEC. 3124. ELIGIBILITY. 13''A local educational agency, or consortium of such 14agencies where appropriate, is eligible to receive a grant 15under this subpart to carry out the purpose of this subpart 16if such agency or consortium'-- 17''(1) is implementing a plan undertaken pursu- 18ant to a final order issued by a court of the United 19States, or a court of any State, or any other State 20agency or official of competent jurisdiction, that re- 21quires the desegregation of minority-group-segregated 22children or faculty in the elementary schools and sec- 23ondary schools of such agency; or 24''(2) without having been required to do so, has 25adopted and is implementing, or will, if a grant is 26
327 'S 1177 EAH awarded to such local educational agency, or consor- 1tium of such agencies, under this subpart, adopt and 2implement a plan that has been approved by the Sec- 3retary as adequate under title VI of the Civil Rights 4Act of 1964 for the desegregation of minority-group- 5segregated children or faculty in such schools. 6''SEC. 3125. APPLICATIONS AND REQUIREMENTS. 7''(a) APPLICATIONS.'--An eligible local educational 8agency, or consortium of such agencies, desiring to receive 9a grant under this subpart shall submit an application to 10the Secretary at such time and in such manner as the Sec- 11retary may reasonably require. 12''(b) INFORMATION ANDASSURANCES.'--Each applica- 13tion submitted under subsection (a) shall include'-- 14''(1) a description of'-- 15''(A) how a grant awarded under this sub- 16part will be used to promote desegregation, in- 17cluding how the proposed magnet school pro- 18grams will increase interaction among students 19of different social, economic, ethnic, and racial 20backgrounds; 21''(B) the manner and extent to which the 22magnet school program will increase student 23academic achievement in the instructional area 24or areas offered by the school; 25
328 'S 1177 EAH ''(C) how the applicant will continue the 1magnet school program after assistance under 2this subpart is no longer available, and, if appli- 3cable, an explanation of why magnet schools es- 4tablished or supported by the applicant with 5grant funds under this subpart cannot be contin- 6ued without the use of grant funds under this 7subpart; 8''(D) how grant funds under this subpart 9will be used'-- 10''(i) to improve student academic 11achievement for all students attending the 12magnet school programs; and 13''(ii) to implement services and activi- 14ties that are consistent with other programs 15under this Act, and other Acts, as appro- 16priate; and 17''(E) the criteria to be used in selecting stu- 18dents to attend the proposed magnet school pro- 19gram; and 20''(2) assurances that the applicant will'-- 21''(A) use grant funds under this subpart for 22the purposes specified in section 3121; 23''(B) employ effective teachers in the courses 24of instruction assisted under this subpart; 25
329 'S 1177 EAH ''(C) not engage in discrimination based on 1race, religion, color, national origin, sex, or dis- 2ability in'-- 3''(i) the hiring, promotion, or assign- 4ment of employees of the applicant or other 5personnel for whom the applicant has any 6administrative responsibility; 7''(ii) the assignment of students to 8schools, or to courses of instruction within 9the schools, of such applicant, except to 10carry out the approved plan; and 11''(iii) designing or operating extra- 12curricular activities for students; 13''(D) carry out a quality education program 14that will encourage greater parental decision- 15making and involvement; and 16''(E) give students residing in the local at- 17tendance area of the proposed magnet school pro- 18gram equitable consideration for placement in 19the program, consistent with desegregation guide- 20lines and the capacity of the applicant to accom- 21modate the students. 22''(c) SPECIALRULE.'--No grant shall be awarded 23under this subpart unless the Assistant Secretary of Edu- 24
330 'S 1177 EAH cation for Civil Rights determines that the assurances de- 1scribed in subsection (b)(2)(C) will be met. 2''SEC. 3126. PRIORITY. 3''In awarding grants under this subpart, the Secretary 4shall give priority to applicants that'-- 5''(1) demonstrate the greatest need for assistance, 6based on the expense or difficulty of effectively car- 7rying out approved desegregation plans and the mag- 8net school program for which the grant is sought; 9''(2) propose to carry out new magnet school pro- 10grams, or significantly revise existing magnet school 11programs; 12''(3) propose to select students to attend magnet 13school programs by methods such as lottery, rather 14than through academic examination; and 15''(4) propose to serve the entire student popu- 16lation of a school. 17''SEC. 3127. USE OF FUNDS. 18''(a) INGENERAL.'--Grant funds made available under 19this subpart may be used by an eligible local educational 20agency, or consortium of such agencies'-- 21''(1) for planning and promotional activities di- 22rectly related to the development, expansion, continu- 23ation, or enhancement of academic programs and 24services offered at magnet schools; 25
331 'S 1177 EAH ''(2) for the acquisition of books, materials, and 1equipment, including computers and the maintenance 2and operation of materials, equipment, and com- 3puters, necessary to conduct programs in magnet 4schools; 5''(3) for the compensation, or subsidization of the 6compensation, of elementary school and secondary 7school teachers, and instructional staff where applica- 8ble, who are necessary to conduct programs in magnet 9schools; 10''(4) with respect to a magnet school program of- 11fered to less than the entire student population of a 12school, for instructional activities that'-- 13''(A) are designed to make available the spe- 14cial curriculum that is offered by the magnet 15school program to students who are enrolled in 16the school but who are not enrolled in the magnet 17school program; and 18''(B) further the purpose of this subpart; 19''(5) for activities, which may include profes- 20sional development, that will build the recipient's ca- 21pacity to operate magnet school programs once the 22grant period has ended; 23''(6) to enable the local educational agency, or 24consortium of such agencies, to have more flexibility 25
332 'S 1177 EAH in the administration of a magnet school program in 1order to serve students attending a school who are not 2enrolled in a magnet school program; and 3''(7) to enable the local educational agency, or 4consortium of such agencies, to have flexibility in de- 5signing magnet schools for students in all grades. 6''(b) SPECIALRULE.'--Grant funds under this subpart 7may be used for activities described in paragraphs (2) and 8(3) of subsection (a) only if the activities are directly related 9to improving student academic achievement based on the 10State's academic standards or directly related to improving 11student reading skills or knowledge of mathematics, science, 12history, geography, English, foreign languages, art, or 13music, or to improving career, technical, and professional 14skills. 15''SEC. 3128. LIMITATIONS. 16''(a) DURATION OFAWARDS.'--A grant under this sub- 17part shall be awarded for a period that shall not exceed 183 fiscal years. 19''(b) LIMITATION ONPLANNINGFUNDS.'--A local edu- 20cational agency, or consortium of such agencies, may ex- 21pend for planning (professional development shall not be 22considered to be planning for purposes of this subsection) 23not more than 50 percent of the grant funds received under 24this subpart for the first year of the program and not more 25
333 'S 1177 EAH than 15 percent of such funds for each of the second and 1third such years. 2''(c) AMOUNT.'--No local educational agency, or con- 3sortium of such agencies, awarded a grant under this sub- 4part shall receive more than $4,000,000 under this subpart 5for any 1 fiscal year. 6''(d) TIMING.'--To the extent practicable, the Secretary 7shall award grants for any fiscal year under this subpart 8not later than July 1 of the applicable fiscal year. 9''SEC. 3129. EVALUATIONS. 10''(a) RESERVATION.'--The Secretary may reserve not 11more than 2 percent of the funds appropriated under section 123(c)(1)(B) for any fiscal year to carry out evaluations, pro- 13vide technical assistance, and carry out dissemination 14projects with respect to magnet school programs assisted 15under this subpart. 16''(b) CONTENTS.'--Each evaluation described in sub- 17section (a), at a minimum, shall address'-- 18''(1) how and the extent to which magnet school 19programs lead to educational quality and academic 20improvement; 21''(2) the extent to which magnet school programs 22enhance student access to a quality education; 23''(3) the extent to which magnet school programs 24lead to the elimination, reduction, or prevention of 25
334 'S 1177 EAH minority group isolation in elementary schools and 1secondary schools with substantial proportions of mi- 2nority students; and 3''(4) the extent to which magnet school programs 4differ from other school programs in terms of the or- 5ganizational characteristics and resource allocations 6of such magnet school programs. 7''(c) DISSEMINATION.'--The Secretary shall collect and 8disseminate to the general public information on successful 9magnet school programs. 10''SEC. 3130. RESERVATION. 11''In any fiscal year for which the amount appropriated 12under section 3(c)(1)(B) exceeds $75,000,000, the Secretary 13shall give priority in using such amounts in excess of 14$75,000,000 to awarding grants to local educational agen- 15cies or consortia of such agencies that did not receive a 16grant under this subpart in the preceding fiscal year. 17''Subpart 3'--Family Engagement in Education 18Programs 19''SEC. 3141. PURPOSES. 20''The purposes of this subpart are the following: 21''(1) To provide financial support to organiza- 22tions to provide technical assistance and training to 23State and local educational agencies in the implemen- 24tation and enhancement of systemic and effective fam- 25
335 'S 1177 EAH ily engagement policies, programs, and activities that 1lead to improvements in student development and 2academic achievement. 3''(2) To assist State educational agencies, local 4educational agencies, community-based organizations, 5schools, and educators in strengthening partnerships 6among parents, teachers, school leaders, administra- 7tors, and other school personnel in meeting the edu- 8cational needs of children and fostering greater paren- 9tal engagement. 10''(3) To support State educational agencies, local 11educational agencies, schools, educators, and parents 12in developing and strengthening the relationship be- 13tween parents and their children's school in order to 14further the developmental progress of children. 15''(4) To coordinate activities funded under this 16subpart with parent involvement initiatives funded 17under section 1118 and other provisions of this Act. 18''(5) To assist the Secretary, State educational 19agencies, and local educational agencies in the coordi- 20nation and integration of Federal, State, and local 21services and programs to engage families in edu- 22cation. 23
336 'S 1177 EAH ''SEC. 3142. GRANTS AUTHORIZED. 1''(a) STATEWIDEFAMILYENGAGEMENTCENTERS.'-- 2From the amount appropriated under section 3(c)(1)(C), 3the Secretary is authorized to award grants for each fiscal 4year to statewide organizations (or consortia of such orga- 5nizations), to establish Statewide Family Engagement Cen- 6ters that provide comprehensive training and technical as- 7sistance to State educational agencies, local educational 8agencies, schools identified by State educational agencies 9and local educational agencies, organizations that support 10family-school partnerships, and other organizations that 11carry out, or carry out directly, parent education and fam- 12ily engagement in education programs. 13''(b) MINIMUMAWARD.'--In awarding grants under 14this section, the Secretary shall, to the extent practicable, 15ensure that a grant is awarded for a Statewide Family En- 16gagement Center in an amount not less than $500,000. 17''SEC. 3143. APPLICATIONS. 18''(a) SUBMISSIONS.'--Each statewide organization, or 19a consortium of such organizations, that desires a grant 20under this subpart shall submit an application to the Sec- 21retary at such time, in such manner, and including the in- 22formation described in subsection (b). 23''(b) CONTENTS.'--Each application submitted under 24subsection (a) shall include, at a minimum, the following: 25
337 'S 1177 EAH ''(1) A description of the applicant's approach to 1family engagement in education. 2''(2) A description of the support that the State- 3wide Family Engagement Center that will be oper- 4ated by the applicant will have from the State edu- 5cational agency and any partner organization out- 6lining the commitment to work with the center. 7''(3) A description of the applicant's plan for 8building a statewide infrastructure for family engage- 9ment in education, that includes'-- 10''(A) management and governance; 11''(B) statewide leadership; or 12''(C) systemic services for family engage- 13ment in education. 14''(4) A description of the applicant's dem- 15onstrated experience in providing training, informa- 16tion, and support to State educational agencies, local 17educational agencies, schools, educators, parents, and 18organizations on family engagement in education 19policies and practices that are effective for parents 20(including low-income parents) and families, English 21learners, minorities, parents of students with disabil- 22ities, parents of homeless students, foster parents and 23students, and parents of migratory students, includ- 24
338 'S 1177 EAH ing evaluation results, reporting, or other data exhib- 1iting such demonstrated experience. 2''(5) A description of the steps the applicant will 3take to target services to low-income students and 4parents. 5''(6) An assurance that the applicant will'-- 6''(A) establish a special advisory committee, 7the membership of which includes'-- 8''(i) parents, who shall constitute a 9majority of the members of the special advi- 10sory committee; 11''(ii) representatives of education pro- 12fessionals with expertise in improving serv- 13ices for disadvantaged children; 14''(iii) representatives of local elemen- 15tary schools and secondary schools, includ- 16ing students; 17''(iv) representatives of the business 18community; and 19''(v) representatives of State edu- 20cational agencies and local educational 21agencies; 22''(B) use not less than 65 percent of the 23funds received under this subpart in each fiscal 24year to serve local educational agencies, schools, 25
339 'S 1177 EAH and community-based organizations that serve 1high concentrations of disadvantaged students, 2including English learners, minorities, parents 3of students with disabilities, parents of homeless 4students, foster parents and students, and par- 5ents of migratory students; 6''(C) operate a Statewide Family Engage- 7ment Center of sufficient size, scope, and quality 8to ensure that the Center is adequate to serve the 9State educational agency, local educational agen- 10cies, and community-based organizations; 11''(D) ensure that the Center will retain staff 12with the requisite training and experience to 13serve parents in the State; 14''(E) serve urban, suburban, and rural local 15educational agencies and schools; 16''(F) work with'-- 17''(i) other Statewide Family Engage- 18ment Centers assisted under this subpart; 19and 20''(ii) parent training and information 21centers and community parent resource cen- 22ters assisted under sections 671 and 672 of 23the Individuals with Disabilities Education 24Act; 25
340 'S 1177 EAH ''(G) use not less than 30 percent of the 1funds received under this subpart for each fiscal 2year to establish or expand technical assistance 3for evidence-based parent education programs; 4''(H) provide assistance to State edu- 5cational agencies and local educational agencies 6and community-based organizations that support 7family members in supporting student academic 8achievement; 9''(I) work with State educational agencies, 10local educational agencies, schools, educators, 11and parents to determine parental needs and the 12best means for delivery of services to address 13such needs; 14''(J) conduct sufficient outreach to assist 15parents, including parents who the applicant 16may have a difficult time engaging with a school 17or local educational agency; and 18''(K) conduct outreach to low-income stu- 19dents and parents, including low-income stu- 20dents and parents who are not proficient in 21English. 22''(7) An assurance that the applicant will con- 23duct training programs in the community to improve 24adult literacy, including financial literacy. 25
341 'S 1177 EAH ''SEC. 3144. USES OF FUNDS. 1''(a) INGENERAL.'--Grantees shall use grant funds re- 2ceived under this subpart, based on the needs determined 3under section 3143(b)(6)(I), to provide training and tech- 4nical assistance to State educational agencies, local edu- 5cational agencies, and organizations that support family- 6school partnerships, and activities, services, and training 7for local educational agencies, school leaders, educators, and 8parents'-- 9''(1) to assist parents in participating effectively 10in their children's education and to help their chil- 11dren meet State standards, such as assisting par- 12ents'-- 13''(A) to engage in activities that will im- 14prove student academic achievement, including 15understanding how they can support learning in 16the classroom with activities at home and in 17afterschool and extracurricular programs; 18''(B) to communicate effectively with their 19children, teachers, school leaders, counselors, ad- 20ministrators, and other school personnel; 21''(C) to become active participants in the 22development, implementation, and review of 23school-parent compacts, family engagement in 24education policies, and school planning and im- 25provement; 26
342 'S 1177 EAH ''(D) to participate in the design and provi- 1sion of assistance to students who are not mak- 2ing academic progress; 3''(E) to participate in State and local deci- 4sionmaking; 5''(F) to train other parents; and 6''(G) to help the parents learn and use tech- 7nology (including education about the harms of 8copyright piracy), applied in their children's 9education; 10''(2) to develop and implement, in partnership 11with the State educational agency, statewide family 12engagement in education policy and systemic initia- 13tives that will provide for a continuum of services to 14remove barriers for family engagement in education 15and support school reform efforts; and 16''(3) to develop and implement parental involve- 17ment policies under this Act. 18''(b) MATCHINGFUNDS FORGRANTRENEWAL.'--For 19each fiscal year after the first fiscal year for which an orga- 20nization or consortium receives assistance under this sec- 21tion, the organization or consortium shall demonstrate in 22the application that a portion of the services provided by 23the organization or consortium is supported through non- 24Federal contributions, which may be in cash or in-kind. 25
343 'S 1177 EAH ''(c) TECHNICALASSISTANCE.'--The Secretary shall re- 1serve not more than 2 percent of the funds appropriated 2under section 3(c)(1)(C) to carry out this subpart to provide 3technical assistance, by competitive grant or contract, for 4the establishment, development, and coordination of State- 5wide Family Engagement Centers. 6''(d) RULE OFCONSTRUCTION.'--Nothing in this sec- 7tion shall be construed to prohibit a Statewide Family En- 8gagement Center from'-- 9''(1) having its employees or agents meet with a 10parent at a site that is not on school grounds; or 11''(2) working with another agency that serves 12children. 13''(e) PARENTALRIGHTS.'--Notwithstanding any other 14provision of this section'-- 15''(1) no person (including a parent who educates 16a child at home, a public school parent, or a private 17school parent) shall be required to participate in any 18program of parent education or developmental screen- 19ing under this section; and 20''(2) no program or center assisted under this 21section shall take any action that infringes in any 22manner on the right of a parent to direct the edu- 23cation of their children. 24
344 'S 1177 EAH ''SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 1''The Secretary of the Interior, in consultation with 2the Secretary of Education, shall establish, or enter into 3contracts and cooperative agreements with local Indian 4nonprofit parent organizations to establish and operate 5Family Engagement Centers. 6''PART B'--LOCAL ACADEMIC FLEXIBLE GRANT 7''SEC. 3201. PURPOSE. 8''The purpose of this part is to'-- 9''(1) provide local educational agencies with the 10opportunity to access funds to support the initiatives 11important to their schools and students to improve 12academic achievement and student engagement, in- 13cluding protecting student safety; and 14''(2) provide nonprofit and for-profit entities the 15opportunity to work with students to improve aca- 16demic achievement and student engagement, including 17student safety. 18''SEC. 3202. ALLOTMENTS TO STATES. 19''(a) RESERVATIONS.'--From the funds appropriated 20under section 3(c)(2) for any fiscal year, the Secretary shall 21reserve'-- 22''(1) not more than one-half of 1 percent for na- 23tional activities to provide technical assistance to eli- 24gible entities in carrying out programs under this 25part; and 26
345 'S 1177 EAH ''(2) not more than one-half of 1 percent for pay- 1ments to the outlying areas and the Bureau of Indian 2Education, to be allotted in accordance with their re- 3spective needs for assistance under this part, as deter- 4mined by the Secretary, to enable the outlying areas 5and the Bureau to carry out the purpose of this part. 6''(b) STATEALLOTMENTS.'-- 7''(1) DETERMINATION.'--From the funds appro- 8priated under section 3(c)(2) for any fiscal year and 9remaining after the Secretary makes reservations 10under subsection (a), the Secretary shall allot to each 11State for the fiscal year an amount that bears the 12same relationship to the remainder as the amount the 13State received under chapter B of subpart 1 of part 14A of title I for the preceding fiscal year bears to the 15amount all States received under that chapter for the 16preceding fiscal year, except that no State shall re- 17ceive less than an amount equal to one-half of 1 per- 18cent of the total amount made available to all States 19under this subsection. 20''(2) REALLOTMENT OF UNUSED FUNDS.'--If a 21State does not receive an allotment under this part 22for a fiscal year, the Secretary shall reallot the 23amount of the State's allotment to the remaining 24States in accordance with this section. 25
346 'S 1177 EAH ''(c) STATEUSE OFFUNDS.'-- 1''(1) IN GENERAL.'--Each State that receives an 2allotment under this part shall reserve not less than 375 percent of the amount allotted to the State under 4subsection (b) for each fiscal year for awards to eligi- 5ble entities under section 3204. 6''(2) AWARDS TO NONGOVERNMENTAL ENTITIES 7TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT.'-- 8Each State that receives an allotment under sub- 9section (b) for each fiscal year shall reserve not less 10than 8 percent of the amount allotted to the State for 11awards to nongovernmental entities under section 123205. 13''(3) STATE ACTIVITIES AND STATE ADMINISTRA- 14TION.'--A State educational agency may reserve not 15more than 17 percent of the amount allotted to the 16State under subsection (b) for each fiscal year for the 17following: 18''(A) Not more than 5 percent of such 19amount for each fiscal year for'-- 20''(i) the administrative costs of car- 21rying out its responsibilities under this 22part; 23
347 'S 1177 EAH ''(ii) monitoring and evaluation of 1programs and activities assisted under this 2part; 3''(iii) providing training and technical 4assistance under this part; 5''(iv) statewide academic focused pro- 6grams; or 7''(v) sharing evidence-based and other 8effective strategies with eligible entities. 9''(B) To do one or more of the following: 10''(i) To pay the costs of developing the 11State assessments and standards required 12under section 1111(b), which may include 13the costs of working, at the sole discretion of 14the State, in voluntary partnerships with 15other States to develop such assessments and 16standards. 17''(ii) If the State has developed the as- 18sessments and standards required under sec- 19tion 1111(b), to administer those assess- 20ments or carry out other activities related 21to ensuring that the State's schools and 22local educational agencies are helping stu- 23dents meet the State's academic standards 24under such section. 25
348 'S 1177 EAH ''(iii) To conduct an audit of State as- 1sessments and report, in a publicly avail- 2able format, the findings of such audit, 3which may include assessment purposes, 4costs, schedule of administration and dis- 5semination of results, description of align- 6ment with the State's academic standards, 7and description of policies for inclusion of 8all students. 9''(iv) To develop and implement a plan 10to improve the State assessment system, 11which may include efforts, if appropriate as 12determined by the State'-- 13''(I) to reduce the number of as- 14sessments administered; 15''(II) to provide professional devel- 16opment on assessment and data lit- 17eracy; 18''(III) to ensure the quality, valid- 19ity, and reliability of assessments; or 20''(IV) to improve the use of assess- 21ments by decreasing the time between 22administering assessments and releas- 23ing assessment data. 24
349 'S 1177 EAH ''(C) Not more than 5 percent of such 1amount for each fiscal year for awarding blended 2learning projects under paragraph (4). 3''(D) Awarding grants for the creation and 4distribution of open access textbooks and open 5educational resources. 6''(4) BLENDED LEARNING PROJECTS.'-- 7''(A) IN GENERAL.'--From the amount of 8funds a State educational agency reserves under 9subsection (c)(3) for each fiscal year to carry out 10this paragraph, the State educational agency 11shall award grants on a competitive basis to eli- 12gible entities in the State to carry out blended 13learning projects described in this paragraph. 14''(B) GEOGRAPHIC DIVERSITY.'-- In award- 15ing grants under this paragraph, a State edu- 16cational agency shall distribute funds equitably 17among geographic areas of the State, including 18rural and urban communities. 19''(C) APPLICATION.'--An eligible entity de- 20siring to receive a grant under this paragraph 21shall submit an application to the State edu- 22cational agency at such time and in such man- 23ner as the agency may require, and which de- 24scribes'-- 25
350 'S 1177 EAH ''(i) the blended learning project to be 1carried out by the eligible entity, including 2the design of the instructional model to be 3carried out by the eligible entity and how 4such eligible entity will use funds provided 5under this paragraph to carry out the 6project; 7''(ii) in the case of an eligible entity 8described in subclause (I), (II), or (IV) of 9subparagraph (F)(ii), the schools that will 10participate in the project; 11''(iii) the expected impact on student 12academic achievement; 13''(iv) how the eligible entity will ensure 14sufficient information technology is avail- 15able to carry out the project; 16''(v) how the eligible entity will ensure 17sufficient digital instructional resources are 18available to students participating in the 19project; 20''(vi) the ongoing professional develop- 21ment to be provided for teachers, school 22leaders, and other personnel carrying out 23the project; 24
351 'S 1177 EAH ''(vii) the State policies and procedures 1for which the eligible entity requests waivers 2from the State to carry out the project, 3which may include requests for the waivers 4described in section 3203(a)(11)(B); 5''(viii) as appropriate, how the eligible 6entity will use the blended learning project 7to improve instruction and access to the 8curriculum for diverse groups of students, 9including students with disabilities and stu- 10dents who are limited English proficient; 11''(ix) how the eligible entity will evalu- 12ate the project in terms of student academic 13achievement and publicly report the results 14of such evaluation; and 15''(x) how the eligible entity will sustain 16the project beyond the grant period. 17''(D) USES OF FUNDS.'--An eligible entity 18receiving a grant under this paragraph shall use 19such grant to carry out a blended learning 20project, which shall include at least 1 of the fol- 21lowing activities: 22''(i) Planning activities, which may 23include development of new instructional 24models (including blended learning tech- 25
352 'S 1177 EAH nology software and platforms), the pur- 1chase of digital instructional resources, ini- 2tial professional development activities, and 3one-time information technology purchases, 4except that such expenditures may not in- 5clude expenditures related to significant 6construction or renovation of facilities. 7''(ii) Ongoing professional development 8for teachers, school leaders, or other per- 9sonnel involved in the project that is de- 10signed to support the implementation and 11academic success of the project. 12''(E) NON-FEDERAL MATCH.'--A State edu- 13cational agency that carries out a grant program 14under this paragraph shall provide non-Federal 15matching funds equal to not less than 10 percent 16of the grant funds awarded by the State edu- 17cational agency to eligible entities under this 18paragraph. 19''(F) DEFINITIONS.'--In this paragraph: 20''(i) BLENDED LEARNING PROJECT.'-- 21The term 'blended learning project' means a 22formal education program'-- 23''(I) that includes an element of 24online learning, and instructional time 25
353 'S 1177 EAH in a supervised location away from 1home; 2''(II) that includes an element of 3student control over time, path, or 4pace; and 5''(III) in which the elements are 6connected to provide an integrated 7learning experience. 8''(ii) ELIGIBLE ENTITY.'--The term 'eli- 9gible entity' means a'-- 10''(I) local educational agency; 11''(II) educational service agency; 12''(III) charter school; or 13''(IV) consortium of the entities 14described in subclause (I), (II), or 15(III), which may be in partnership 16with a for-profit or nonprofit entity. 17''SEC. 3203. STATE APPLICATION. 18''(a) INGENERAL.'--In order to receive an allotment 19under section 3202 for any fiscal year, a State educational 20agency shall submit to the Secretary, at such time as the 21Secretary may require, an application that'-- 22''(1) describes how the State educational agency 23will use funds reserved for State-level activities, in- 24
354 'S 1177 EAH cluding how, if any, of the funds will be used to sup- 1port student safety; 2''(2) describes the procedures and criteria the 3State educational agency will use for reviewing appli- 4cations and awarding funds to eligible entities on a 5competitive basis, which shall include reviewing how 6the proposed project will help increase student aca- 7demic achievement and student engagement; 8''(3) describes how the State educational agency 9will ensure that awards made under this part are'-- 10''(A) of sufficient size and scope to support 11high-quality, effective programs that are con- 12sistent with the purpose of this part; and 13''(B) in amounts that are consistent with 14section 3204(f); 15''(4) describes the steps the State educational 16agency will take to ensure that programs implement 17effective strategies, including providing ongoing tech- 18nical assistance and training, and dissemination of 19evidence-based and other effective strategies; 20''(5) describes how the State educational agency 21will consider students across all grades when making 22these awards; 23''(6) an assurance that, other than providing 24technical and advisory assistance and monitoring 25
355 'S 1177 EAH compliance with this part, the State educational 1agency has not exercised and will not exercise any in- 2fluence in the decisionmaking process of eligible enti- 3ties as to the expenditure of funds received by the eli- 4gible entities under this part; 5''(7) describes how programs under this part will 6be coordinated with programs under this Act, and 7other programs as appropriate; 8''(8) contains an assurance that the State edu- 9cational agency'-- 10''(A) will make awards for programs for a 11period of not more than 5 years; and 12''(B) will require each eligible entity seeking 13such an award to submit a plan describing how 14the project to be funded through the award will 15continue after funding under this part ends, if 16applicable; 17''(9) contains an assurance that funds appro- 18priated to carry out this part will be used to supple- 19ment, and not supplant, State and local public funds 20expended to provide programs and activities author- 21ized under this part and other similar programs; 22''(10) an assurance that the State will support 23projects from each of the categories listed in section 24
356 'S 1177 EAH 3204(b)(1)(D) in awarding subgrants to local edu- 1cational agencies; and 2''(11) in the case of a State that will carry out 3a program to award grants under section 3202(c)(4), 4a description of the program, which shall include'-- 5''(A) the criteria the State will use to award 6grants under such section to eligible entities to 7carry out blended learning projects; 8''(B) the State policies and procedures to be 9waived by the State, consistent with Federal law, 10for such eligible entities to carry out such 11projects, which may include waivers with respect 12to'-- 13''(i) restrictions on class sizes; 14''(ii) restrictions on licensing or 15credentialing of personnel supervising stu- 16dent work in such projects; 17''(iii) restrictions on the use of State 18funding for instructional materials for the 19purchase of digital instructional resources; 20''(iv) restrictions on advancing stu- 21dents based on demonstrated mastery of 22learning outcomes, rather than seat-time re- 23quirements; and 24
357 'S 1177 EAH ''(v) restrictions on secondary school 1students in the State enrolling in online 2coursework; 3''(C) how the State will inform eligible enti- 4ties of the availability of the waivers described in 5subparagraph (B); and 6''(D) how the State will provide the non- 7Federal match required under section 83202(c)(4)(E). 9''(b) DEEMEDAPPROVAL.'--An application submitted 10by a State educational agency pursuant to subsection (a) 11shall be deemed to be approved by the Secretary unless the 12Secretary makes a written determination, prior to the expi- 13ration of the 120-day period beginning on the date on which 14the Secretary received the application, that the application 15is not in compliance with this part. 16''(c) DISAPPROVAL.'--The Secretary shall not finally 17disapprove the application, except after giving the State 18educational agency notice and an opportunity for a hear- 19ing. 20''(d) NOTIFICATION.'--If the Secretary finds that the 21application is not in compliance, in whole or in part, with 22this part, the Secretary shall'-- 23''(1) give the State educational agency notice 24and an opportunity for a hearing; and 25
358 'S 1177 EAH ''(2) notify the State educational agency of the 1finding of noncompliance, and, in such notification, 2shall'-- 3''(A) cite the specific provisions in the ap- 4plication that are not in compliance; and 5''(B) request additional information, only 6as to the noncompliant provisions, needed to 7make the application compliant. 8''(e) RESPONSE.'--If the State educational agency re- 9sponds to the Secretary's notification described in sub- 10section (d)(2) during the 45-day period beginning on the 11date on which the agency received the notification, and re- 12submits the application with the requested information de- 13scribed in subsection (d)(2)(B), the Secretary shall approve 14or disapprove such application prior to the later of'-- 15''(1) the expiration of the 45-day period begin- 16ning on the date on which the application is resub- 17mitted; or 18''(2) the expiration of the 120-day period de- 19scribed in subsection (b). 20''(f) FAILURETORESPOND.'--If the State educational 21agency does not respond to the Secretary's notification de- 22scribed in subsection (d)(2) during the 45-day period begin- 23ning on the date on which the agency received the notifica- 24tion, such application shall be deemed to be disapproved. 25
359 'S 1177 EAH ''(g) RULE OFCONSTRUCTION.'--An application sub- 1mitted by a State educational agency pursuant to sub- 2section (a) shall not be approved or disapproved based upon 3the activities for which the agency may make funds avail- 4able to eligible entities under section 3204 if the agency's 5use of funds is consistent with section 3204(b). 6''SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 7''(a) INGENERAL.'--A State that receives funds under 8this part for a fiscal year shall provide the amount made 9available under section 3202(c)(1) to eligible entities in ac- 10cordance with this section. 11''(b) USE OFFUNDS.'-- 12''(1) IN GENERAL.'--An eligible entity that re- 13ceives an award under this part shall use the funds 14for activities that'-- 15''(A) are evidence-based; 16''(B) will improve student academic 17achievement and student engagement; 18''(C) are allowable under State law; and 19''(D) focus on one or more projects from the 20following three categories: 21''(i) Supplemental student support ac- 22tivities such as before, after, or summer 23school activities, tutoring, and expanded 24
360 'S 1177 EAH learning time, but not including athletics or 1in-school learning activities. 2''(ii) Activities designed to support stu- 3dents, such as academic subject specific pro- 4grams including computer science and other 5science, technology (including education 6about the harms of copyright piracy), engi- 7neering, and mathematics programs, arts 8education, civic education, and adjunct 9teacher, extended-learning-time, and dual 10enrollment programs, and parent engage- 11ment, but not including activities to'-- 12''(I) support smaller class sizes or 13construction; or 14''(II) provide compensation or 15benefits to teachers, school leaders, 16other school officials, or local edu- 17cational agency staff. 18''(iii) Accountability-based programs 19and activities that are designed to enhance 20school safety, which may include research- 21based bullying prevention, cyberbullying 22prevention, disruption of recruitment activ- 23ity by groups or individuals involved in 24violent extremism, and gang prevention 25
361 'S 1177 EAH programs, as well as intervention programs 1regarding bullying. 2''(2) STREAMLINING ASSESSMENT SYSTEMS.'--An 3eligible entity that receives an award under this part 4may use such funds'-- 5''(A) to conduct an audit of the local assess- 6ments administered by the local educational 7agency and report, in a publicly available for- 8mat, the findings of such audit, which may in- 9clude such findings as described under section 103202(c)(3)(B)(iii); and 11''(B) to develop and implement a plan, in 12collaboration with local stakeholders, which may 13include efforts, if appropriate as determined by 14the eligible entity, as described under section 153202(c)(3)(B)(iv). 16''(3) PARTICIPATION OF CHILDREN ENROLLED IN 17PRIVATE SCHOOLS.'--An eligible entity that receives 18an award under this part shall ensure compliance 19with section 6501 (relating to participation of chil- 20dren enrolled in private schools). 21''(c) APPLICATION.'-- 22''(1) IN GENERAL.'--To be eligible to receive an 23award under this part, an eligible entity shall submit 24an application to the State educational agency at 25
362 'S 1177 EAH such time, in such manner, and including such infor- 1mation as the State educational agency may reason- 2ably require, including the contents required by para- 3graph (2). 4''(2) CONTENTS.'--Each application submitted 5under paragraph (1) shall include'-- 6''(A) a description of the activities to be 7funded and how they are consistent with sub- 8section (b), including any activities that will in- 9crease student safety; 10''(B) an assurance that funds under this 11part will be used to increase the level of State, 12local, and other non-Federal funds that would, 13in the absence of funds under this part, be made 14available for programs and activities authorized 15under this part, and in no case supplant State, 16local, or non-Federal funds; 17''(C) an assurance that the community will 18be given notice of an intent to submit an appli- 19cation with an opportunity for comment, and 20that the application will be available for public 21review after submission of the application; and 22''(D) an assurance that students who benefit 23from any activity funded under this part shall 24
363 'S 1177 EAH continue to maintain enrollment in a public ele- 1mentary or secondary school. 2''(d) REVIEW.'--In reviewing local applications under 3this section, a State educational agency shall use a peer 4review process or other methods of assuring the quality of 5such applications but the review shall be limited to the like- 6lihood that the project will increase student academic 7achievement and student engagement. 8''(e) GEOGRAPHICDIVERSITY.'--A State educational 9agency shall distribute funds under this part equitably 10among geographic areas within the State, including rural, 11suburban, and urban communities. 12''(f) AWARD.'--A grant shall be awarded to all eligible 13entities that submit an application that meets the require- 14ments of this section in an amount that is not less than 15$10,000, but there shall be only one annual award granted 16to any one local educational agency, but such award may 17be for multiple projects or programs with the local edu- 18cational agency. 19''(g) DURATION OFAWARDS.'--Grants under this part 20may be awarded for a period of not more than 5 years. 21''(h) ELIGIBLEENTITYDEFINED.'--In this section, the 22term 'eligible entity' means'-- 23''(1) a local educational agency in partnership 24with a community-based organization, institution of 25
364 'S 1177 EAH higher education, business entity, or nongovernmental 1entity; 2''(2) a consortium of local educational agencies 3working in partnership with a community-based or- 4ganization, institution of higher education, business 5entity, or nongovernmental entity; 6''(3) a community-based organization or institu- 7tion of higher education in partnership with a local 8educational agency and, if applicable, a business enti- 9ty or nongovernmental entity; or 10''(4) a business entity in partnership with a 11local educational agency and, if applicable, a commu- 12nity-based organization, institution of higher edu- 13cation, or nongovernmental entity. 14''SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 15IMPROVE ACADEMIC ACHIEVEMENT. 16''(a) INGENERAL.'--From the amount reserved under 17section 3202(c)(2), a State educational agency shall award 18grants to nongovernmental entities, including public or pri- 19vate organizations, community-based or faith-based organi- 20zations, institutions of higher education, and business enti- 21ties for a program or project to increase the academic 22achievement and student engagement of public school stu- 23dents attending public elementary or secondary schools (or 24both) in compliance with the requirements in this section. 25
365 'S 1177 EAH Subject to the availability of funds, the State educational 1agency shall award a grant to each eligible applicant that 2meets the requirements in a sufficient size and scope to sup- 3port the program. 4''(b) APPLICATION.'--The State educational agency 5shall require an application that includes the following in- 6formation: 7''(1) A description of the program or project the 8applicant will use the funds to support. 9''(2) A description of how the applicant is using 10or will use other State, local, or private funding to 11support the program or project. 12''(3) A description of how the program or project 13will help increase student academic achievement and 14student engagement, including the evidence to support 15this claim. 16''(4) A description of the student population the 17program or project is targeting to impact, and if the 18program will prioritize students in high-need local 19educational agencies. 20''(5) A description of how the applicant will con- 21duct sufficient outreach to ensure students can par- 22ticipate in the program or project. 23''(6) A description of any partnerships the appli- 24cant has entered into with local educational agencies 25
366 'S 1177 EAH or other entities the applicant will work with, if ap- 1plicable. 2''(7) A description of how the applicant will 3work to share evidence-based and other effective strat- 4egies from the program or project with local edu- 5cational agencies and other entities working with stu- 6dents to increase academic achievement. 7''(8) An assurance that students who benefit from 8any program or project funded under this section 9shall continue to maintain enrollment in a public ele- 10mentary or secondary school. 11''(c) MATCHINGCONTRIBUTION.'--An eligible appli- 12cant receiving a grant under this section shall provide, ei- 13ther directly or through private contributions, non-Federal 14matching funds equal to not less than 50 percent of the 15amount of the grant. 16''(d) REVIEW.'--The State educational agency shall re- 17view the application to ensure that'-- 18''(1) the applicant is an eligible applicant; 19''(2) the application clearly describes the re- 20quired elements in subsection (b); 21''(3) the entity meets the matching requirement 22described in subsection (c); and 23''(4) the program is allowable and complies with 24Federal, State, and local laws. 25
367 'S 1177 EAH ''(e) DISTRIBUTION OFFUNDS.'--If the application re- 1quests exceed the funds available, the State educational 2agency shall prioritize projects that support students in 3high-need local educational agencies and ensure geographic 4diversity, including serving rural, suburban, and urban 5areas. 6''(f) ADMINISTRATIVECOSTS.'--Not more than 1 per- 7cent of a grant awarded under this section may be used 8for administrative costs. 9''SEC. 3206. REPORT. 10''Each recipient of a grant under section 3204 or 3205 11shall report to the State educational agency on'-- 12''(1) the success of the program in reaching the 13goals of the program; 14''(2) a description of the students served by the 15program and how the students' academic achievement 16improved; and 17''(3) the results of any evaluation conducted on 18the success of the program.''. 19TITLE IV'--IMPACT AID 20SEC. 401. PURPOSE. 21Section 8001 (20 U.S.C. 7701) is amended by striking 22''challenging State standards'' and inserting ''State aca- 23demic standards''. 24
368 'S 1177 EAH SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 1OF REAL PROPERTY. 2Section 8002 (20 U.S.C. 7702) is amended'-- 3(1) in subsection (a)(1)(C), by amending the 4matter preceding clause (i) to read as follows: 5''(C) had an assessed value according to 6original records (including facsimiles or other re- 7productions of those records) documenting the as- 8sessed value of such property (determined as of 9the time or times when so acquired) prepared by 10the local officials referred to in subsection (b)(3) 11or, when such original records are not available 12due to unintentional destruction (such as nat- 13ural disaster, fire, flooding, pest infestation, or 14deterioration due to age), other records, includ- 15ing Federal agency records, local historical 16records, or other records that the Secretary deter- 17mines to be appropriate and reliable, aggre- 18gating 10 percent or more of the assessed value 19of'--''; 20(2) in subsection (b)(1)(B), by striking ''section 218014(a)'' and inserting ''section 3(d)(1)''; 22(3) by amending subsection (f) to read as follows: 23''(f) SPECIALRULE.'--Beginning with fiscal year 242014, a local educational agency shall be deemed to meet 25the requirements of subsection (a)(1)(C) if records to deter- 26
369 'S 1177 EAH mine eligibility under such subsection were destroyed prior 1to fiscal year 2000 and the agency received funds under 2subsection (b) in the previous year.''; 3(4) by amending subsection (g) to read as fol- 4lows: 5''(g) FORMERDISTRICTS.'-- 6''(1) CONSOLIDATIONS.'--For fiscal year 2006 7and each succeeding fiscal year, if a local educational 8agency described in subsection (b) is formed at any 9time after 1938 by the consolidation of 2 or more 10former school districts, the local educational agency 11may elect to have the Secretary determine its eligi- 12bility for any fiscal year on the basis of 1 or more 13of those former districts, as designated by the local 14educational agency. 15''(2) ELIGIBLE LOCAL EDUCATIONAL AGEN- 16CIES.'--A local educational agency referred to in sub- 17section (a) is'-- 18''(A) any local educational agency that, for 19fiscal year 1994 or any preceding fiscal year, 20applied, and was determined to be eligible under, 21section 2(c) of the Act of September 30, 1950 22(Public Law 874, 81st Congress) as that section 23was in effect for that fiscal year; or 24
370 'S 1177 EAH ''(B) a local educational agency formed by 1the consolidation of 2 or more districts, at least 21 of which was eligible for assistance under this 3section for the fiscal year preceding the year of 4the consolidation, if'-- 5''(i) for fiscal years 2006 through 2015 6the local educational agency notified the 7Secretary not later than 30 days after the 8date of the enactment of this Act; and 9''(ii) for fiscal year 2016 the local edu- 10cational agency includes the designation in 11its application under section 8005 or any 12timely amendment to such application. 13''(3) AMOUNT.'--A local educational agency eligi- 14ble under subsection (b) shall receive a foundation 15payment as provided for under subparagraphs (A) 16and (B) of subsection (h)(1), except that the founda- 17tion payment shall be calculated based on the most re- 18cent payment received by the local educational based 19on its former common status.''; 20(5) in subsection (h)'-- 21(A) in paragraph (2)'-- 22(i) in subparagraph (C)(ii), by strik- 23ing ''section 8014(a)'' and inserting ''sec- 24tion 3(d)(1)''; and 25
371 'S 1177 EAH (ii) in subparagraph (D), by striking 1''section 8014(a)'' and inserting ''section 23(d)(1)''; and 3(B) in paragraph (4), by striking ''Impact 4Aid Improvement Act of 2012'' and inserting 5''Student Success Act''; 6(6) by repealing subsections (k) and (m); 7(7) by redesignating subsection (l) as subsection 8(j); 9(8) by amending subsection (j) (as so redesig- 10nated) by striking ''(h)(4)(B)'' and inserting ''(h)(2)''; 11and 12(9) by redesignating subsection (n) as subsection 13(k). 14SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-15NECTED CHILDREN. 16(a) COMPUTATION OFPAYMENT.'--Section 8003(a) (20 17U.S.C. 7703(a)) is amended'-- 18(1) in the matter preceding subparagraph (A) of 19paragraph (1), by inserting after ''schools of such 20agency'' the following: ''(including those children en- 21rolled in such agency as a result of the open enroll- 22ment policy of the State in which the agency is lo- 23cated, but not including children who are enrolled in 24a distance education program at such agency and 25
372 'S 1177 EAH who are not residing within the geographic bound- 1aries of such agency)''; and 2(2) in paragraph (5)(A), by striking ''1984'' and 3all that follows through ''situated'' and inserting 4''1984, or under lease of off-base property under sub- 5chapter IV of chapter 169 of title 10, United States 6Code, to be children described under paragraph (1)(B) 7if the property described is within the fenced security 8perimeter of the military facility or attached to and 9under any type of force protection agreement with the 10military installation upon which such housing is sit- 11uated''. 12(b) BASICSUPPORTPAYMENTS FORHEAVILYIM- 13PACTEDLOCALEDUCATIONALAGENCIES.'--Section 8003(b) 14(20 U.S.C. 7703(b)) is amended'-- 15(1) by striking ''section 8014(b)'' each place it 16appears and inserting ''section 3(d)(2)''; 17(2) in paragraph (1), by repealing subparagraph 18(E); 19(3) in paragraph (2)'-- 20(A) in subparagraph (B)'-- 21(i) by striking ''CONTINUING'' in the 22heading; 23(ii) by amending clause (i) to read as 24follows: 25
373 'S 1177 EAH ''(i) IN GENERAL.'--A heavily impacted 1local educational agency is eligible to re- 2ceive a basic support payment under sub- 3paragraph (A) with respect to a number of 4children determined under subsection (a)(1) 5if the agency'-- 6''(I) is a local educational agen- 7cy'-- 8''(aa) whose boundaries are 9the same as a Federal military 10installation or an island property 11designated by the Secretary of the 12Interior to be property that is 13held in trust by the Federal Gov- 14ernment; and 15''(bb) that has no taxing au- 16thority; 17''(II) is a local educational agency 18that'-- 19''(aa) has an enrollment of 20children described in subsection 21(a)(1) that constitutes a percent- 22age of the total student enrollment 23of the agency that is not less than 2445 percent; 25
374 'S 1177 EAH ''(bb) has a per-pupil ex- 1penditure that is less than'-- 2''(AA) for an agency 3that has a total student en- 4rollment of 500 or more stu- 5dents, 125 percent of the av- 6erage per-pupil expenditure 7of the State in which the 8agency is located; or 9''(BB) for any agency 10that has a total student en- 11rollment less than 500, 150 12percent of the average per- 13pupil expenditure of the 14State in which the agency is 15located or the average per- 16pupil expenditure of 3 or 17more comparable local edu- 18cational agencies in the State 19in which the agency is lo- 20cated; and 21''(cc) is an agency that has a 22tax rate for general fund purposes 23that is not less than 95 percent of 24the average tax rate for general 25
375 'S 1177 EAH fund purposes of comparable local 1educational agencies in the State; 2''(III) is a local educational agen- 3cy that'-- 4''(aa) has an enrollment of 5children described in subsection 6(a)(1) that constitutes a percent- 7age of the total student enrollment 8of the agency that is not less than 920 percent; 10''(bb) for the 3 fiscal years 11preceding the fiscal year for which 12the determination is made, the av- 13erage enrollment of children who 14are not described in subsection 15(a)(1) and who are eligible for a 16free or reduced price lunch under 17the Richard B. Russell National 18School Lunch Act constitutes a 19percentage of the total student en- 20rollment of the agency that is not 21less than 65 percent; and 22''(cc) has a tax rate for gen- 23eral fund purposes which is not 24less than 125 percent of the aver- 25
376 'S 1177 EAH age tax rate for general fund pur- 1poses for comparable local edu- 2cational agencies in the State; 3''(IV) is a local educational agen- 4cy that has a total student enrollment 5of not less than 25,000 students, of 6which'-- 7''(aa) not less than 50 per- 8cent are children described in sub- 9section (a)(1); and 10''(bb) not less than 5,500 of 11such children are children de- 12scribed in subparagraphs (A) and 13(B) of subsection (a)(1); or 14''(V) is a local educational agency 15that'-- 16''(aa) has an enrollment of 17children described in subsection 18(a)(1) including, for purposes of 19determining eligibility, those chil- 20dren described in subparagraphs 21(F) and (G) of such subsection, 22that is not less than 35 percent of 23the total student enrollment of the 24agency; and 25
377 'S 1177 EAH ''(bb) was eligible to receive 1assistance under subparagraph 2(A) for fiscal year 2001.''; and 3(iii) in clause (ii)'-- 4(I) by striking ''A heavily'' and 5inserting the following: 6''(I) IN GENERAL.'--Subject to 7subclause (II), a heavily''; and 8(II) by adding at the end the fol- 9lowing: 10''(II) LOSS OF ELIGIBILITY DUE 11TO FALLING BELOW 95 PERCENT OF 12THE AVERAGE TAX RATE FOR GENERAL 13FUND PURPOSES.'--In a case of a heav- 14ily impacted local educational agency 15that is eligible to receive a basic sup- 16port payment under subparagraph (A), 17but that has had, for 2 consecutive fis- 18cal years, a tax rate for general fund 19purposes that falls below 95 percent of 20the average tax rate for general fund 21purposes of comparable local edu- 22cational agencies in the State, such 23agency shall be determined to be ineli- 24gible under clause (i) and ineligible to 25
378 'S 1177 EAH receive a basic support payment under 1subparagraph (A) for each fiscal year 2succeeding such 2 consecutive fiscal 3years for which the agency has such a 4tax rate for general fund purposes, and 5until the fiscal year for which the 6agency resumes such eligibility in ac- 7cordance with clause (iii).''; 8(B) by striking subparagraph (C); 9(C) by redesignating subparagraphs (D) 10through (H) as subparagraphs (C) through (G), 11respectively; 12(D) in subparagraph (C) (as so redesig- 13nated)'-- 14(i) in the heading, by striking ''REG- 15ULAR''; 16(ii) by striking ''Except as provided in 17subparagraph (E)'' and inserting ''Except 18as provided in subparagraph (D)''; 19(iii) by amending subclause (I) of 20clause (ii) to read as follows: '' (I)(aa) For 21a local educational agency with respect to 22which 35 percent or more of the total stu- 23dent enrollment of the schools of the agency 24are children described in subparagraph (D) 25
379 'S 1177 EAH or (E) (or a combination thereof) of sub- 1section (a)(1), and that has an enrollment 2of children described in subparagraph (A), 3(B), or (C) of such subsection equal to at 4least 10 percent of the agency's total enroll- 5ment, the Secretary shall calculate the 6weighted student units of those children de- 7scribed in subparagraph (D) or (E) of such 8subsection by multiplying the number of 9such children by a factor of 0.55. 10''(bb) Notwithstanding subitem (aa), a 11local educational agency that received a 12payment under this paragraph for fiscal 13year 2013 shall not be required to have an 14enrollment of children described in subpara- 15graph (A), (B), or (C) of subsection (a)(1) 16equal to at least 10 percent of the agency's 17total enrollment.''; and 18(iv) by amending subclause (III) of 19clause (ii) by striking ''(B)(i)(II)(aa)'' and 20inserting ''subparagraph (B)(i)(I)''; 21(E) in subparagraph (D)(i)(II) (as so redes- 22ignated), by striking ''6,000'' and inserting 23''5,500''; 24
380 'S 1177 EAH (F) in subparagraph (E) (as so redesig- 1nated)'-- 2(i) by striking ''Secretary'' and all 3that follows through ''shall use'' and insert- 4ing ''Secretary shall use''; 5(ii) by striking ''; and'' and inserting 6a period; and 7(iii) by striking clause (ii); 8(G) in subparagraph (F) (as so redesig- 9nated), by striking ''subparagraph 10(C)(i)(II)(bb)'' and inserting ''subparagraph 11(B)(i)(II)(bb)(BB)''; and 12(H) in subparagraph (G) (as so redesig- 13nated)'-- 14(i) in clause (i)'-- 15(I) by striking ''subparagraph 16(B), (C), (D), or (E)'' and inserting 17''subparagraph (B), (C), or (D)''; 18(II) by striking ''by reason of'' 19and inserting ''due to''; 20(III) by inserting after ''clause 21(iii)'' the following '', or as the direct 22result of base realignment and closure 23or modularization as determined by 24the Secretary of Defense and force 25
381 'S 1177 EAH structure change or force relocation''; 1and 2(IV) by inserting before the pe- 3riod, the following: ''or during such 4time as activities associated with base 5closure and realignment, 6modularization, force structure change, 7or force relocation are ongoing''; and 8(ii) in clause (ii), by striking ''(D) or 9(E)'' each place it appears and inserting 10''(C) or (D)''; 11(4) in paragraph (3)'-- 12(A) in subparagraph (B)'-- 13(i) by amending clause (iii) to read as 14follows: 15''(iii) In the case of a local educational 16agency providing a free public education to stu- 17dents enrolled in kindergarten through grade 12, 18but which enrolls students described in subpara- 19graphs (A), (B), and (D) of subsection (a)(1) 20only in grades 9 through 12, and which received 21a final payment in fiscal year 2009 calculated 22under this paragraph (as this paragraph was in 23effect on the day before the date of the enactment 24of the Student Success Act) for students in 25
382 'S 1177 EAH grades 9 through 12, the Secretary shall, in cal- 1culating the agency's payment, consider only 2that portion of such agency's total enrollment of 3students in grades 9 through 12 when calculating 4the percentage under clause (i)(I) and only that 5portion of the total current expenditures attrib- 6uted to the operation of grades 9 through 12 in 7such agency when calculating the percentage 8under clause (i)(II).''; and 9(ii) by adding at the end the following: 10''(v) In the case of a local educational agen- 11cy that is providing a program of distance edu- 12cation to children not residing within the geo- 13graphic boundaries of the agency, the Secretary 14shall'-- 15''(I) for purposes of the calculation 16under clause (i)(I), disregard such children 17from the total number of children in aver- 18age daily attendance at the schools served 19by such agency; and 20''(II) for purposes of the calculation 21under clause (i)(II), disregard any funds re- 22ceived for such children from the total cur- 23rent expenditures for such agency.''; 24
383 'S 1177 EAH (B) in subparagraph (C), by striking ''sub- 1paragraph (D) or (E) of paragraph (2), as the 2case may be'' and inserting ''paragraph (2)(D)''; 3(C) by amending subparagraph (D) to read 4as follows: 5''(D) RATABLE DISTRIBUTION.'--For any 6fiscal year described in subparagraph (A) for 7which the sums available exceed the amount re- 8quired to pay each local educational agency 100 9percent of its threshold payment, the Secretary 10shall distribute the excess sums to each eligible 11local educational agency that has not received its 12full amount computed under paragraph (1) or 13(2) (as the case may be) by multiplying'-- 14''(i) a percentage, the denominator of 15which is the difference between the full 16amount computed under paragraph (1) or 17(2) (as the case may be) for all local edu- 18cational agencies and the amount of the 19threshold payment (as calculated under sub- 20paragraphs (B) and (C)) of all local edu- 21cational agencies, and the numerator of 22which is the aggregate of the excess sums, by 23''(ii) the difference between the full 24amount computed under paragraph (1) or 25
384 'S 1177 EAH (2) (as the case may be) for the agency and 1the amount of the threshold payment as cal- 2culated under subparagraphs (B) and (C) of 3the agency.''; and 4(D) by inserting at the end the following 5new subparagraphs: 6''(E) INSUFFICIENT PAYMENTS.'--For each 7fiscal year described in subparagraph (A) for 8which the sums appropriated under section 93(d)(2) are insufficient to pay each local edu- 10cational agency all of the local educational agen- 11cy's threshold payment described in subpara- 12graph (D), the Secretary shall ratably reduce the 13payment to each local educational agency under 14this paragraph. 15''(F) INCREASES.'--If the sums appropriated 16under section 3(d)(2) are sufficient to increase 17the threshold payment above the 100 percent 18threshold payment described in subparagraph 19(D), then the Secretary shall increase payments 20on the same basis as such payments were re- 21duced, except no local educational agency may 22receive a payment amount greater than 100 per- 23cent of the maximum payment calculated under 24this subsection.''; and 25
385 'S 1177 EAH (5) in paragraph (4)'-- 1(A) in subparagraph (A), by striking 2''through (D)'' and inserting ''and (C)''; and 3(B) in subparagraph (B), by striking ''sub- 4paragraph (D) or (E)'' and inserting ''subpara- 5graph (C) or (D)''. 6(c) PRIORYEARDATA.'--Paragraph (2) of section 78003(c) (20 U.S.C. 7703(c)) is amended to read as follows: 8''(2) EXCEPTION.'--Calculation of payments for a 9local educational agency shall be based on data from 10the fiscal year for which the agency is making an ap- 11plication for payment if such agency'-- 12''(A) is newly established by a State, for the 13first year of operation of such agency only; 14''(B) was eligible to receive a payment 15under this section for the previous fiscal year 16and has had an overall increase in enrollment 17(as determined by the Secretary in consultation 18with the Secretary of Defense, the Secretary of 19the Interior, or the heads of other Federal agen- 20cies)'-- 21''(i) of not less than 10 percent, or 100 22students, of children described in'-- 23''(I) subparagraph (A), (B), (C), 24or (D) of subsection (a)(1); or 25
386 'S 1177 EAH ''(II) subparagraphs (F) and (G) 1of subsection (a)(1), but only to the ex- 2tent such children are civilian depend- 3ents of employees of the Department of 4Defense or the Department of the Inte- 5rior; and 6''(ii) that is the direct result of closure 7or realignment of military installations 8under the base closure process or the reloca- 9tion of members of the Armed Forces and 10civilian employees of the Department of De- 11fense as part of the force structure changes 12or movements of units or personnel between 13military installations or because of actions 14initiated by the Secretary of the Interior or 15the head of another Federal agency; or 16''(C) was eligible to receive a payment 17under this section for the previous fiscal year 18and has had an increase in enrollment (as deter- 19mined by the Secretary)'-- 20''(i) of not less than 10 percent of chil- 21dren described in subsection (a)(1) or not 22less than 100 of such children; and 23''(ii) that is the direct result of the clo- 24sure of a local educational agency that re- 25
387 'S 1177 EAH ceived a payment under subsection (b)(1) or 1(b)(2) in the previous fiscal year.''. 2(d) CHILDRENWITHDISABILITIES.'--Section 38003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 4''section 8014(c)'' and inserting ''section 3(d)(3)''. 5(e) HOLDHARMLESS.'--Section 8003(e) (20 U.S.C. 67703(e)) is amended to read as follows: 7''(e) HOLDHARMLESS.'--The maximum amount that 8a local educational agency is eligible to receive, as cal- 9culated under paragraph (1)(C), (2)(C), or (2)(D) of sub- 10section (b), shall not be less than 90 percent of the calculated 11maximum amount that was used to determine the local edu- 12cational agency's payment for subsection (b)(1) or (b)(2) 13in the previous fiscal year for a period not to exceed 3 con- 14secutive fiscal years, if such agency meets the eligibility re- 15quirements of paragraph (1)(B) or (2)(B) of subsection 16(b).''. 17(f) MAINTENANCE OFEFFORT.'--Section 8003 (20 18U.S.C. 7703) is amended by striking subsection (g). 19SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL-20DREN RESIDING ON INDIAN LANDS. 21Section 8004(e)(9) is amended by striking ''Bureau of 22Indian Affairs'' both places such term appears and insert- 23ing ''Bureau of Indian Education''. 24
388 'S 1177 EAH SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 18002 AND 8003. 2Section 8005(b) (20 U.S.C. 7705(b)) is amended in the 3matter preceding paragraph (1) by striking ''and shall con- 4tain such information,''. 5SEC. 406. CONSTRUCTION. 6Section 8007 (20 U.S.C. 7707) is amended'-- 7(1) in subsection (a)'-- 8(A) in paragraph (1), by striking ''section 98014(e)'' and inserting ''section 3(d)(4)''; 10(B) in paragraph (2), by adding at the end 11the following: 12''(C) The agency is eligible under section 134003(b)(2) or is receiving basic support pay- 14ments under circumstances described in section 154003(b)(2)(B)(ii).''; and 16(C) in paragraph (3), by striking ''section 178014(e)'' each place it appears and inserting 18''section 3(d)(4)''; and 19(2) in subsection (b)'-- 20(A) in paragraph (1), by striking ''section 218014(e)'' and inserting ''section 3(d)(4)''; 22(B) in paragraph (3)'-- 23(i) in subparagraph (C)(i)(I), by add- 24ing at the end the following: 25
389 'S 1177 EAH ''(cc) At least 10 percent of the 1property in the agency is exempt from 2State and local taxation under Federal 3law.''; and 4(ii) by adding at the end the following: 5''(F) LIMITATIONS ON ELIGIBILITY RE- 6QUIREMENTS.'--The Secretary shall not limit eli- 7gibility'-- 8''(i) under subparagraph (C)(i)(I)(aa), 9to those local educational agencies in which 10the number of children determined under 11section 4003(a)(1)(C) for each such agency 12for the preceding school year constituted 13more than 40 percent of the total student 14enrollment in the schools of each such agen- 15cy during the preceding school year; and 16''(ii) under subparagraph (C)(i)(I)(cc), 17to those local educational agencies in which 18more than 10 percent of the property in 19each such agency is exempt from State and 20local taxation under Federal law.''; and 21(C) in paragraph (6)'-- 22(i) in the matter preceding subpara- 23graph (A), by striking ''in such manner, 24
390 'S 1177 EAH and accompanied by such information'' and 1inserting ''and in such manner''; and 2(ii) by striking subparagraph (F). 3SEC. 407. FACILITIES. 4Section 8008 (20 U.S.C. 7708) is amended in sub- 5section (a), by striking ''section 8014(f)'' and inserting ''sec- 6tion 3(d)(5)''. 7SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO-8VIDING STATE AID. 9Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 10amended by striking ''and contain the information''. 11SEC. 409. FEDERAL ADMINISTRATION. 12Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, 13by striking ''section 8014'' and inserting ''section 3(d)''. 14SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-15VIEW. 16Section 8011(a) (20 U.S.C. 7711(a)) is amended by 17striking ''or under the Act'' and all that follows through 18''1994)''. 19SEC. 411. DEFINITIONS. 20Section 8013 (20 U.S.C. 7713) is amended'-- 21(1) in paragraph (1), by striking ''and Marine 22Corps'' and inserting ''Marine Corps, and Coast 23Guard''; 24(2) in paragraph (4), by striking ''and title VI''; 25
391 'S 1177 EAH (3) in paragraph (5)(A)(iii)'-- 1(A) in subclause (II), by striking ''Stewart 2B. McKinney Homeless Assistance Act'' and in- 3serting ''McKinney-Vento Homeless Assistance 4Act (42 U.S.C. 11411)''; and 5(B) in subclause (III), by inserting before 6the semicolon ''(25 U.S.C. 4101 et seq.)''; and 7(4) in paragraph (8)(A), by striking ''and 8verified by'' and inserting '', and verified by,''. 9SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 10Section 8014 (20 U.S.C. 7801) is repealed. 11SEC. 413. CONFORMING AMENDMENTS. 12(a) IMPACTAIDIMPROVEMENTACT OF2012.'--Section 13563(c) of National Defense Authorization Act for Fiscal 14Year 2013 (Public Law 112''239; 126 Stat. 1748; 20 U.S.C. 156301 note) (also known as the ''Impact Aid Improvement 16Act of 2012''), as amended by section 563 of division A of 17Public Law 113''291, is amended'-- 18(1) by striking paragraphs (1) and (4); and 19(2) by redesignating paragraphs (2) and (3), as 20paragraphs (1) and (2), respectively. 21(b) REPEALS.'-- 22(1) TITLE IV.'--Title IV (20 U.S.C. 7101 et seq.), 23as amended by section 601(b)(2) of this Act, is re- 24pealed. 25
392 'S 1177 EAH (2) PL 113''76.'--Section 309 of division H of the 1Consolidated Appropriations Act, 2014 (Public Law 2113''76; 20 U.S.C. 7702 note) is repealed. 3(c) TRANSFER ANDREDESIGNATION.'--Title VIII (20 4U.S.C. 7701 et seq.), as amended by this title, is redesig- 5nated as title IV (20 U.S.C. 7101 et seq.), and transferred 6and inserted after title III (as amended by this Act). 7(d) TITLEVIII REFERENCES.'--The Act (20 U.S.C. 86301 et seq.), as amended by this Act, is amended'-- 9(1) by redesignating sections 8001 through 8005 10as sections 4001 through 4005, respectively; 11(2) by redesignating sections 8007 through 8013 12as sections 4007 through 4013, respectively; 13(3) by striking ''section 8002'' each place it ap- 14pears and inserting ''section 4002''; 15(4) by striking ''section 8002(b)'' each place it 16appears and inserting ''section 4002(b)''; 17(5) by striking ''section 8003'' each place it ap- 18pears and inserting ''section 4003'', respectively; 19(6) by striking ''section 8003(a)'' each place it 20appears and inserting ''section 4003(a)''; 21(7) by striking ''section 8003(a)(1)'' each place it 22appears and inserting ''section 4003(a)(1)''; 23
393 'S 1177 EAH (8) by striking ''section 8003(a)(1)(C)'' each 1place it appears and inserting ''section 24003(a)(1)(C)''; 3(9) by striking ''section 8002(a)(2)'' each place it 4appears and inserting ''section 4002(a)(2)''; 5(10) by striking ''section 8003(b)'' each place it 6appears and inserting ''section 4003(b)''; 7(11) by striking ''section 8003(b)(1)'' each place 8it appears and inserting ''section 4003(b)(1)''; 9(12) in section 4002(b)(1)(C) (as so redesig- 10nated), by striking ''section 8003(b)(1)(C)'' and in- 11serting ''section 4003(b)(1)(C)''; 12(13) in section 4002(k)(1) (as so redesignated), 13by striking ''section 8013(5)(C)(iii)'' and inserting 14''section 4013(5)(C)(iii)''; 15(14) in section 4005 (as so redesignated)'-- 16(A) in the section heading, by striking 17''8002 AND 8003'' and inserting ''4002 AND 184003''; 19(B) by striking ''or 8003'' each place it ap- 20pears and inserting ''or 4003''; 21(C) in subsection (b)(2), by striking ''section 228004'' and inserting ''section 4004''; and 23(D) in subsection (d)(2), by striking ''sec- 24tion 8003(e)'' and inserting ''section 4003(e)''; 25
394 'S 1177 EAH (15) in the second subclause (II) of section 14007(a)(3)(A)(i) (as so redesignated), by striking 2''section 8008(a)'' and inserting ''section 4008(a)''; 3(16) in section 4007(a)(4) (as so redesignated), 4by striking ''section 8013(3)'' and inserting ''section 54013(3)''; 6(17) in section 4009 (as so redesignated)'-- 7(A) in subsection (b)(1)'-- 8(i) by striking ''or 8003(b)'' and in- 9serting ''or 4003(b)''; 10(ii) by striking ''section 118003(a)(2)(B)'' and inserting ''section 124003(a)(2)(B)''; and 13(iii) by striking ''section 8003(b)(2)'' 14each place it appears and inserting ''section 154003(b)(2)''; and 16(B) by striking ''section 8011(a)'' each place 17it appears and inserting ''section 4011(a)''; and 18(18) in section 4010(c)(2)(D) (as so redesig- 19nated) by striking ''section 8009(b)'' and inserting 20''section 4009(b)''. 21
395 'S 1177 EAH TITLE V'--THE FEDERAL GOV-1ERNMENT'S TRUST RESPON-2SIBILITY TO AMERICAN IN-3DIAN, ALASKA NATIVE, AND 4NATIVE HAWAIIAN EDU-5CATION 6SEC. 501. THE FEDERAL GOVERNMENT'S TRUST RESPONSI-7BILITY TO AMERICAN INDIAN, ALASKA NA-8TIVE, AND NATIVE HAWAIIAN EDUCATION. 9Title V of the Act (20 U.S.C. 7201 et seq.) is amended 10to read as follows: 11''TITLE V'--THE FEDERAL GOV-12ERNMENT'S TRUST RESPON-13SIBILITY TO AMERICAN IN-14DIAN, ALASKA NATIVE, AND 15NATIVE HAWAIIAN EDU-16CATION 17''PART A'--INDIAN EDUCATION 18''SEC. 5101. STATEMENT OF POLICY. 19''It is the policy of the United States to fulfill the Fed- 20eral Government's unique and continuing trust relationship 21with, and responsibility to, the Indian people for the edu- 22cation of Indian children. The Federal Government will 23continue to work with local educational agencies, Indian 24tribes and organizations, postsecondary institutions, and 25
396 'S 1177 EAH other entities toward the goal of ensuring that programs 1that serve Indian children are of the highest quality and 2provide for not only the basic elementary and secondary 3educational needs, but also the unique educational and cul- 4turally related academic needs of these children. It is fur- 5ther the policy of the United States to ensure that Indian 6children do not attend school in buildings that are dilapi- 7dated or deteriorating, which may negatively affect the aca- 8demic success of such children. 9''SEC. 5102. PURPOSE. 10''It is the purpose of this part to support the efforts 11of local educational agencies, Indian tribes and organiza- 12tions, postsecondary institutions, and other entities'-- 13''(1) to meet the unique educational and cul- 14turally related academic needs of American Indian 15and Alaska Native students, so that such students can 16meet State student academic achievement standards; 17''(2) to ensure that Indian and Alaskan Native 18students gain knowledge and understanding of Native 19communities, languages, tribal histories, traditions, 20and cultures; and 21''(3) to ensure that school leaders, teachers, and 22other staff who serve Indian and Alaska Native stu- 23dents have the ability to provide culturally appro- 24priate and effective instruction to such students. 25
397 'S 1177 EAH ''Subpart 1'--Formula Grants to Local Educational 1Agencies 2''SEC. 5111. PURPOSE. 3''It is the purpose of this subpart to support the efforts 4of local educational agencies, Indian tribes and organiza- 5tions, and other entities to improve the academic achieve- 6ment of American Indian and Alaska Native students by 7providing for their unique cultural, language, and edu- 8cational needs and ensuring that they are prepared to meet 9State academic standards. 10''SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 11AND TRIBES. 12''(a) INGENERAL.'--In accordance with this section 13and section 5113, the Secretary may make grants from allo- 14cations made under section 5113, to'-- 15''(1) local educational agencies; 16''(2) Indian tribes; 17''(3) Indian organizations; and 18''(4) Alaska Native Organizations. 19''(b) LOCALEDUCATIONALAGENCIES.'-- 20''(1) ENROLLMENT REQUIREMENTS.'--A local 21educational agency shall be eligible for a grant under 22this subpart for any fiscal year if the number of In- 23dian children eligible under section 5117 who were 24enrolled in the schools of the agency, and to whom the 25
398 'S 1177 EAH agency provided free public education, during the pre- 1ceding fiscal year'-- 2''(A) was at least 10; or 3''(B) constituted not less than 25 percent of 4the total number of individuals enrolled in the 5schools of such agency. 6''(2) EXCLUSION.'--The requirement of para- 7graph (1) shall not apply in Alaska, California, or 8Oklahoma, or with respect to any local educational 9agency located on, or in proximity to, an Indian res- 10ervation. 11''(c) INDIANTRIBES, INDIANORGANIZATIONS, ALASKA 12NATIVEORGANIZATIONS, ANDCONSORTIA.'-- 13''(1) IN GENERAL.'--If a local educational agency 14that is otherwise eligible for a grant under this sub- 15part does not establish a committee under section 165114(c)(5) for such grant, an Indian tribe, Indian or- 17ganization, Alaska Native Organization, or consor- 18tium of such entities that represents not less than one- 19third of the eligible Indian or Alaska Native children 20who are served by such local educational agency may 21apply for such grant. 22''(2) SPECIAL RULE.'-- 23''(A) IN GENERAL.'--The Secretary shall 24treat each Indian tribe, Indian organization, 25
399 'S 1177 EAH Alaska Native Organization, or consortium of 1such entities applying for a grant pursuant to 2paragraph (1) as if such applicant were a local 3educational agency for purposes of this subpart. 4''(B) EXCEPTIONS.'--Notwithstanding sub- 5paragraph (A), such Indian tribe, Indian orga- 6nization, Alaska Native Organization, or consor- 7tium of such entities shall not be subject to the 8requirements of section 5114(c)(5) or 5119. 9''(3) ELIGIBILITY.'--If more than 1 applicant 10qualifies to apply for a grant under paragraph (1), 11the entity that represents the most eligible Indian and 12Alaska Native children who are served by the local 13educational agency shall be eligible to receive the 14grant or the applicants may apply in consortium and 15jointly operate a program. 16''(d) INDIAN ANDALASKANATIVECOMMUNITY-BASED 17ORGANIZATIONS.'-- 18''(1) IN GENERAL.'--If no local educational agen- 19cy pursuant to subsection (b), and no Indian tribe, 20tribal organization, Alaska Native Organization, or 21consortium pursuant to subsection (c), applies for a 22grant under this subpart, Indian and Alaska Native 23community-based organizations serving the commu- 24
400 'S 1177 EAH nity of the local educational agency may apply for 1the grant. 2''(2) APPLICABILITY OF SPECIAL RULE.'--The 3Secretary shall apply the special rule in subsection 4(c)(2) to a community-based organization applying 5or receiving a grant under paragraph (1) in the same 6manner as such rule applies to an Indian tribe, In- 7dian organization, Alaska Native Organization, or 8consortium. 9''(3) DEFINITION OF INDIAN AND ALASKA NATIVE 10COMMUNITY-BASED ORGANIZATIONS.'--In this sub- 11section, the term 'Indian and Alaska Native commu- 12nity-based organizations' means any organizations 13that'-- 14''(A) are composed primarily of the family 15members of Indian or Alaska Native students, 16Indian or Alaska Native community members, 17tribal government education officials, and tribal 18members from a specific community; 19''(B) assist in the social, cultural, and edu- 20cational development of Indians or Alaska Na- 21tives in such community; 22''(C) meet the unique cultural, language, 23and academic needs of Indian or Alaska Native 24students; and 25
401 'S 1177 EAH ''(D) demonstrate organizational and ad- 1ministrative capacity to effectively manage the 2grant. 3''SEC. 5113. AMOUNT OF GRANTS. 4''(a) AMOUNT OFGRANTAWARDS.'-- 5''(1) IN GENERAL.'--Except as provided in sub- 6section (b) and paragraph (2), the Secretary shall al- 7locate to each local educational agency that has an 8approved application under this subpart an amount 9equal to the product of'-- 10''(A) the number of Indian children who are 11eligible under section 5117 and served by such 12agency; and 13''(B) the greater of'-- 14''(i) the average per pupil expenditure 15of the State in which such agency is located; 16or 17''(ii) 80 percent of the average per 18pupil expenditure of all the States. 19''(2) REDUCTION.'--The Secretary shall reduce 20the amount of each allocation otherwise determined 21under this section in accordance with subsection (e). 22''(b) MINIMUMGRANT.'-- 23''(1) IN GENERAL.'--Notwithstanding subsection 24(e), an entity that is eligible for a grant under section 25
402 'S 1177 EAH 5112, and a school that is operated or supported by 1the Bureau of Indian Education that is eligible for a 2grant under subsection (d), that submits an applica- 3tion that is approved by the Secretary, shall, subject 4to appropriations, receive a grant under this subpart 5in an amount that is not less than $3,000. 6''(2) CONSORTIA.'--Local educational agencies 7may form a consortium for the purpose of obtaining 8grants under this subpart. 9''(3) INCREASE.'--The Secretary may increase 10the minimum grant under paragraph (1) to not more 11than $4,000 for all grantees if the Secretary deter- 12mines such increase is necessary to ensure the quality 13of the programs provided. 14''(c) DEFINITION.'--For the purpose of this section, the 15term 'average per pupil expenditure', used with respect to 16a State, means an amount equal to'-- 17''(1) the sum of the aggregate current expendi- 18tures of all the local educational agencies in the State, 19plus any direct current expenditures by the State for 20the operation of such agencies, without regard to the 21sources of funds from which such local or State ex- 22penditures were made, during the second fiscal year 23preceding the fiscal year for which the computation is 24made; divided by 25
403 'S 1177 EAH ''(2) the aggregate number of children who were 1included in average daily attendance for whom such 2agencies provided free public education during such 3preceding fiscal year. 4''(d) SCHOOLSOPERATED ORSUPPORTED BY THEBU- 5REAU OFINDIANEDUCATION.'-- 6''(1) IN GENERAL.'--Subject to subsection (e), in 7addition to the grants awarded under subsection (a), 8the Secretary shall allocate to the Secretary of the In- 9terior an amount equal to the product of'-- 10''(A) the total number of Indian children 11enrolled in schools that are operated by'-- 12''(i) the Bureau of Indian Education; 13or 14''(ii) an Indian tribe, or an organiza- 15tion controlled or sanctioned by an Indian 16tribal government, for the children of that 17tribe under a contract with, or grant from, 18the Department of the Interior under the 19Indian Self-Determination Act or the Trib- 20ally Controlled Schools Act of 1988; and 21''(B) the greater of'-- 22''(i) the average per pupil expenditure 23of the State in which the school is located; 24or 25
404 'S 1177 EAH ''(ii) 80 percent of the average per 1pupil expenditure of all the States. 2''(2) SPECIAL RULE.'--Any school described in 3paragraph (1)(A) that wishes to receive an allocation 4under this subpart shall submit an application in ac- 5cordance with section 5114, and shall otherwise be 6treated as a local educational agency for the purpose 7of this subpart, except that such school shall not be 8subject to section 5114(c)(5) or section 5119. 9''(e) RATABLEREDUCTIONS.'--If the sums appro- 10priated for any fiscal year to carry out this subpart are 11insufficient to pay in full the amounts determined for local 12educational agencies under subsection (a)(1) and for the 13Secretary of the Interior under subsection (d), each of those 14amounts shall be ratably reduced. 15''SEC. 5114. APPLICATIONS. 16''(a) APPLICATIONREQUIRED.'--Each local edu- 17cational agency that desires to receive a grant under this 18subpart shall submit an application to the Secretary at 19such time, in such manner, and containing such informa- 20tion as the Secretary may reasonably require. 21''(b) COMPREHENSIVEPROGRAMREQUIRED.'--Each 22application submitted under subsection (a) shall include a 23description of a comprehensive program for meeting the 24needs of Indian and Alaska Native children served by the 25
405 'S 1177 EAH local educational agency, including the language and cul- 1tural needs of the children, that'-- 2''(1) describes how the comprehensive program 3will offer programs and activities to meet the cul- 4turally related academic needs of American Indian 5and Alaska Native students; 6''(2)(A) is consistent with the State, tribal, and 7local plans submitted under other provisions of this 8Act; and 9''(B) includes academic content and student aca- 10demic achievement goals for such children, and bench- 11marks for attaining such goals, that are based on 12State academic content and student academic achieve- 13ment standards adopted under title I for all children; 14''(3) explains how the local educational agency 15will use the funds made available under this subpart 16to supplement other Federal, State, and local pro- 17grams that serve such students; 18''(4) demonstrates how funds made available 19under this subpart will be used for activities described 20in section 5115; 21''(5) describes the professional development op- 22portunities that will be provided, as needed, to ensure 23that'-- 24
406 'S 1177 EAH ''(A) teachers and other school professionals 1who are new to the Indian or Alaska Native 2community are prepared to work with Indian 3and Alaska Native children; 4''(B) all teachers who will be involved in 5programs assisted under this subpart have been 6properly trained to carry out such programs; 7and 8''(C) those family members of Indian and 9Alaska Native children and representatives of 10tribes who are on the committee described in 11(c)(5) will participate in the planning of profes- 12sional development materials; 13''(6) describes how the local educational agen- 14cy'-- 15''(A) will periodically assess the progress of 16all Indian children enrolled in the schools of the 17local educational agency, including Indian chil- 18dren who do not participate in programs as- 19sisted under this subpart, in meeting the goals 20described in paragraph (2); 21''(B) will provide the results of each assess- 22ment referred to in subparagraph (A) to'-- 23''(i) the committee described in sub- 24section (c)(5); 25
407 'S 1177 EAH ''(ii) the community served by the local 1educational agency; and 2''(iii) the tribes whose children are 3served by the local educational agency; and 4''(C) is responding to findings of any pre- 5vious assessments that are similar to the assess- 6ments described in subparagraph (A); and 7''(7) explicitly delineates'-- 8''(A) a formal, collaborative process that the 9local educational agency used to directly involve 10tribes, Indian organizations, or Alaska Native 11Organizations in the development of the com- 12prehensive programs and the results of such 13process; and 14''(B) how the local educational agency plans 15to ensure that tribes, Indian organizations, or 16Alaska Native Organizations will play an active, 17meaningful, and ongoing role in the functioning 18of the comprehensive programs. 19''(c) ASSURANCES.'--Each application submitted 20under subsection (a) shall include assurances that'-- 21''(1) the local educational agency will use funds 22received under this subpart only to supplement the 23funds that, in the absence of the Federal funds made 24available under this subpart, such agency would make 25
408 'S 1177 EAH available for services described in this subsection, and 1not to supplant such funds; 2''(2) the local educational agency will use funds 3received under this subpart only for activities de- 4scribed and authorized under this subpart; 5''(3) the local educational agency will prepare 6and submit to the Secretary such reports, in such 7form and containing such information, as the Sec- 8retary may require to'-- 9''(A) carry out the functions of the Sec- 10retary under this subpart; 11''(B) determine the extent to which activi- 12ties carried out with funds provided to the local 13educational agency under this subpart are effec- 14tive in improving the educational achievement of 15Indian and Alaska Native students served by 16such agency; and 17''(C) determine the extent to which such ac- 18tivities address the unique cultural, language, 19and educational needs of Indian students; 20''(4) the program for which assistance is 21sought'-- 22''(A) is based on a comprehensive local as- 23sessment and prioritization of the unique edu- 24cational and culturally related academic needs of 25
409 'S 1177 EAH the American Indian and Alaska Native students 1for whom the local educational agency is pro- 2viding an education; 3''(B) will use the best available talents and 4resources, including individuals from the Indian 5or Alaska Native community; and 6''(C) was developed by such agency in open 7consultation with the families of Indian or Alas- 8ka Native children, Indian or Alaska Native 9teachers, Indian or Alaska Native students from 10secondary schools, and representatives of tribes, 11Indian organizations, or Alaska Native Organi- 12zations in the community including through 13public hearings held by such agency to provide 14to the individuals described in this subparagraph 15a full opportunity to understand the program 16and to offer recommendations regarding the pro- 17gram; 18''(5) the local educational agency developed the 19program with the participation and written approval 20of a committee'-- 21''(A) that is composed of, and selected by'-- 22''(i) family members of Indian and 23Alaska Native children that are attending 24the local educational agency's schools; 25
410 'S 1177 EAH ''(ii) teachers in the schools; and 1''(iii) Indian and Alaska Native stu- 2dents attending secondary schools of the 3agency; 4''(B) a majority of whose members are fam- 5ily members of Indian and Alaska Native chil- 6dren that are attending the local educational 7agency's schools; 8''(C) that has set forth such policies and 9procedures, including policies and procedures re- 10lating to the hiring of personnel, as will ensure 11that the program for which assistance is sought 12will be operated and evaluated in consultation 13with, and with the involvement of, parents of the 14children, and representatives of the area, to be 15served; 16''(D) with respect to an application describ- 17ing a schoolwide program in accordance with 18section 5115(c), that has'-- 19''(i) reviewed in a timely fashion the 20program; 21''(ii) determined that the program will 22not diminish the availability of culturally 23related activities for American Indian and 24Alaska Native students; and 25
411 'S 1177 EAH ''(iii) will directly enhance the edu- 1cational experience of American Indian and 2Alaska Native students; and 3''(E) that has adopted reasonable bylaws for 4the conduct of the activities of the committee and 5abides by such bylaws; and 6''(6) the local educational agency conducted ade- 7quate outreach to family members to meet the require- 8ments under subsection (c)(5). 9''SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES. 10''(a) GENERALREQUIREMENTS.'--Each local edu- 11cational agency that receives a grant under this subpart 12shall use the grant funds, in a manner consistent with the 13purpose specified in section 5111, for services and activities 14that'-- 15''(1) are designed to carry out the comprehensive 16program of the local educational agency for Indian 17students, and described in the application of the local 18educational agency submitted to the Secretary under 19section 5114(a) solely for the services and activities 20described in such application; 21''(2) are designed with special regard for the lan- 22guage and cultural needs of the Indian students; and 23''(3) supplement and enrich the regular school 24program of such agency. 25
412 'S 1177 EAH ''(b) PARTICULARACTIVITIES.'--The services and ac- 1tivities referred to in subsection (a) may include'-- 2''(1) activities that support Native American 3language immersion programs and Native American 4language restoration programs, which may be taught 5by traditional leaders; 6''(2) culturally related activities that support the 7program described in the application submitted by 8the local educational agency; 9''(3) early childhood and family programs that 10emphasize school readiness; 11''(4) enrichment programs that focus on problem 12solving and cognitive skills development and directly 13support the attainment of challenging State academic 14content and student academic achievement standards; 15''(5) integrated educational services in combina- 16tion with other programs including programs that en- 17hance student achievement by promoting increased in- 18volvement of parents and families in school activities; 19''(6) career preparation activities to enable In- 20dian students to participate in programs such as the 21programs supported by the Carl D. Perkins Career 22and Technical Education Improvement Act of 2006, 23including programs for tech-prep education, men- 24toring, and apprenticeship; 25
413 'S 1177 EAH ''(7) activities to educate individuals so as to 1prevent violence, suicide, and substance abuse; 2''(8) the acquisition of equipment, but only if the 3acquisition of the equipment is essential to achieve the 4purpose described in section 5111; 5''(9) activities that promote the incorporation of 6culturally responsive teaching and learning strategies 7into the educational program of the local educational 8agency; 9''(10) activities that incorporate culturally and 10linguistically relevant curriculum content into class- 11room instruction that is responsive to the unique 12learning styles of Indian and Alaska Native children 13and ensures that children are better able to meet State 14standards; 15''(11) family literacy services; 16''(12) activities that recognize and support the 17unique cultural and educational needs of Indian chil- 18dren, and incorporate appropriately qualified tribal 19elders and seniors; 20''(13) dropout prevention strategies for Indian 21and Alaska Native students; and 22''(14) strategies to meet the educational needs of 23at-risk Indian students in correctional facilities, in- 24cluding such strategies that support Indian and Alas- 25
414 'S 1177 EAH ka Native students who are transitioning from such 1facilities to schools served by local educational agen- 2cies. 3''(c) SCHOOLWIDEPROGRAMS.'--Notwithstanding any 4other provision of law, a local educational agency may use 5funds made available to such agency under this subpart to 6support a schoolwide program under section 1114 if'-- 7''(1) the committee established pursuant to sec- 8tion 5114(c)(5) approves the use of the funds for the 9schoolwide program; 10''(2) the schoolwide program is consistent with 11the purpose described in section 5111; and 12''(3) the local educational agency identifies in its 13application how the use of such funds in a schoolwide 14program will produce benefits to the American Indian 15and Alaska Native students that would not be 16achieved if the funds were not used in a schoolwide 17program. 18''(d) LIMITATION ONADMINISTRATIVECOSTS.'--Not 19more than 5 percent of the funds provided to a grantee 20under this subpart for any fiscal year may be used for ad- 21ministrative purposes. 22''(e) LIMITATION ON THEUSE OFFUNDS.'--Funds pro- 23vided to a grantee under this subpart may not be used for 24
415 'S 1177 EAH long-distance travel expenses for training activities avail- 1able locally or regionally. 2''SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED. 3''(a) PLAN.'--An entity receiving funds under this sub- 4part may submit a plan to the Secretary for the integration 5of education and related services provided to Indian stu- 6dents. 7''(b) CONSOLIDATION OFPROGRAMS.'--Upon the re- 8ceipt of an acceptable plan under subsection (a), the Sec- 9retary, in cooperation with each Federal agency providing 10grants for the provision of education and related services 11to the entity, shall authorize the entity to consolidate, in 12accordance with such plan, the federally funded education 13and related services programs of the entity and the Federal 14programs, or portions of the programs, serving Indian stu- 15dents in a manner that integrates the program services in- 16volved into a single, coordinated, comprehensive program 17and reduces administrative costs by consolidating adminis- 18trative functions. 19''(c) PROGRAMSAFFECTED.'--The funds that may be 20consolidated in a demonstration project under any such 21plan referred to in subsection (a) shall include funds for 22any Federal program exclusively serving Indian children, 23or the funds reserved under any Federal program to exclu- 24sively serve Indian children, under which the entity is eligi- 25
416 'S 1177 EAH ble for receipt of funds under a statutory or administrative 1formula for the purposes of providing education and related 2services that would be used to serve Indian students. 3''(d) PLANREQUIREMENTS.'--For a plan to be accept- 4able pursuant to subsection (b), the plan shall'-- 5''(1) identify the programs or funding sources to 6be consolidated; 7''(2) be consistent with the objectives of this sec- 8tion concerning authorizing the services to be inte- 9grated in a demonstration project; 10''(3) describe a comprehensive strategy that iden- 11tifies the full range of potential educational opportu- 12nities and related services to be provided to assist In- 13dian students to achieve the objectives set forth in this 14subpart; 15''(4) describe the way in which services are to be 16integrated and delivered and the results expected from 17the plan; 18''(5) identify the projected expenditures under 19the plan in a single budget; 20''(6) identify the State, tribal, or local agency or 21agencies to be involved in the delivery of the services 22integrated under the plan; 23
417 'S 1177 EAH ''(7) identify any statutory provisions, regula- 1tions, policies, or procedures that the entity believes 2need to be waived in order to implement the plan; 3''(8) set forth measures for academic content and 4student academic achievement goals designed to be 5met within a specific period of time; and 6''(9) be approved by a committee formed in ac- 7cordance with section 5114(c)(5), if such a committee 8exists. 9''(e) PLANREVIEW.'--Upon receipt of the plan from 10an eligible entity, the Secretary shall consult with the Sec- 11retary of each Federal department providing funds to be 12used to implement the plan, and with the entity submitting 13the plan. The parties so consulting shall identify any waiv- 14ers of statutory requirements or of Federal departmental 15regulations, policies, or procedures necessary to enable the 16entity to implement the plan. Notwithstanding any other 17provision of law, the Secretary of the affected department 18shall have the authority to waive any regulation, policy, 19or procedure promulgated by that department that has been 20so identified by the entity or department, unless the Sec- 21retary of the affected department determines that such a 22waiver is inconsistent with the objectives of this subpart or 23those provisions of the statute from which the program in- 24
418 'S 1177 EAH volved derives authority that are specifically applicable to 1Indian students. 2''(f) PLANAPPROVAL.'--Within 90 days after the re- 3ceipt of an entity's plan by the Secretary, the Secretary 4shall inform the entity, in writing, of the Secretary's ap- 5proval or disapproval of the plan. If the plan is dis- 6approved, the entity shall be informed, in writing, of the 7reasons for the disapproval and shall be given an oppor- 8tunity to amend the plan or to petition the Secretary to 9reconsider such disapproval. 10''(g) RESPONSIBILITIES OFDEPARTMENT OFEDU- 11CATION.'--Not later than 180 days after the date of the en- 12actment of the Student Success Act, the Secretary of Edu- 13cation, the Secretary of the Interior, the Secretary of the 14Department of Health and Human Services, and the head 15of any other Federal department or agency identified by 16the Secretary of Education, shall enter into an interdepart- 17mental memorandum of agreement providing for the imple- 18mentation and coordination of the demonstration projects 19authorized under this section. The lead agency head for a 20demonstration project under this section shall be'-- 21''(1) the Secretary of the Interior, in the case of 22an entity meeting the definition of a contract or 23grant school under title XI of the Education Amend- 24ments of 1978; or 25
419 'S 1177 EAH ''(2) the Secretary of Education, in the case of 1any other entity. 2''(h) RESPONSIBILITIES OFLEADAGENCY.'--The re- 3sponsibilities of the lead agency shall include'-- 4''(1) the use of a single report format related to 5the plan for the individual project, which shall be 6used by an eligible entity to report on the activities 7undertaken under the project; 8''(2) the use of a single report format related to 9the projected expenditures for the individual project 10which shall be used by an eligible entity to report on 11all project expenditures; 12''(3) the development of a single system of Fed- 13eral oversight for the project, which shall be imple- 14mented by the lead agency; and 15''(4) the provision of technical assistance to an 16eligible entity appropriate to the project, except that 17an eligible entity shall have the authority to accept or 18reject the plan for providing such technical assistance 19and the technical assistance provider. 20''(i) REPORTREQUIREMENTS.'--A single report format 21shall be developed by the Secretary, consistent with the re- 22quirements of this section. Such report format shall require 23that reports described in subsection (h), together with 24records maintained on the consolidated program at the local 25
420 'S 1177 EAH level, shall contain such information as will allow a deter- 1mination that the eligible entity has complied with the re- 2quirements incorporated in its approved plan, including 3making a demonstration of student academic achievement, 4and will provide assurances to each Secretary that the eligi- 5ble entity has complied with all directly applicable statu- 6tory requirements and with those directly applicable regu- 7latory requirements that have not been waived. 8''(j) NOREDUCTION INAMOUNTS.'--In no case shall 9the amount of Federal funds available to an eligible entity 10involved in any demonstration project be reduced as a re- 11sult of the enactment of this section. 12''(k) INTERAGENCYFUNDTRANSFERSAUTHORIZED.'-- 13The Secretary is authorized to take such action as may be 14necessary to provide for an interagency transfer of funds 15otherwise available to an eligible entity in order to further 16the objectives of this section. 17''(l) ADMINISTRATION OFFUNDS.'-- 18''(1) IN GENERAL.'--Program funds for the con- 19solidated programs shall be administered in such a 20manner as to allow for a determination that funds 21from a specific program are spent on allowable activi- 22ties authorized under such program, except that the 23eligible entity shall determine the proportion of the 24funds granted that shall be allocated to such program. 25
421 'S 1177 EAH ''(2) SEPARATE RECORDS NOT REQUIRED.'-- 1Nothing in this section shall be construed as requiring 2the eligible entity to maintain separate records trac- 3ing any services or activities conducted under the ap- 4proved plan to the individual programs under which 5funds were authorized for the services or activities, 6nor shall the eligible entity be required to allocate ex- 7penditures among such individual programs. 8''(m) OVERAGE.'--The eligible entity may commingle 9all administrative funds from the consolidated programs 10and shall be entitled to the full amount of such funds (under 11each program's or agency's regulations). The overage (de- 12fined as the difference between the amount of the commin- 13gled funds and the actual administrative cost of the pro- 14grams) shall be considered to be properly spent for Federal 15audit purposes, if the overage is used for the purposes pro- 16vided for under this section. 17''(n) FISCALACCOUNTABILITY.'--Nothing in this part 18shall be construed so as to interfere with the ability of the 19Secretary or the lead agency to fulfill the responsibilities 20for the safeguarding of Federal funds pursuant to chapter 2175 of title 31, United States Code. 22''(o) REPORT ONSTATUTORYOBSTACLES TOPROGRAM 23INTEGRATION.'-- 24
422 'S 1177 EAH ''(1) PRELIMINARY REPORT.'--Not later than 2 1years after the date of the enactment of the Student 2Success Act, the Secretary of Education shall submit 3a preliminary report to the Committee on Education 4and the Workforce and the Committee on Natural Re- 5sources of the House of Representatives and the Com- 6mittee on Health, Education, Labor, and Pensions 7and the Committee on Indian Affairs of the Senate on 8the status of the implementation of the demonstration 9projects authorized under this section. 10''(2) FINAL REPORT.'--Not later than 5 years 11after the date of the enactment of the Student Success 12Act, the Secretary of Education shall submit a report 13to the Committee on Education and the Workforce 14and the Committee on Natural Resources of the House 15of Representatives and the Committee on Health, 16Education, Labor, and Pensions and the Committee 17on Indian Affairs of the Senate on the results of the 18implementation of the demonstration projects author- 19ized under this section. Such report shall identify 20statutory barriers to the ability of participants to in- 21tegrate more effectively their education and related 22services to Indian students in a manner consistent 23with the objectives of this section. 24
423 'S 1177 EAH ''(p) DEFINITIONS.'--For the purposes of this section, 1the term 'Secretary' means'-- 2''(1) the Secretary of the Interior, in the case of 3an entity meeting the definition of a contract or 4grant school under title XI of the Education Amend- 5ments of 1978; or 6''(2) the Secretary of Education, in the case of 7any other entity. 8''SEC. 5117. STUDENT ELIGIBILITY FORMS. 9''(a) INGENERAL.'--The Secretary shall require that, 10as part of an application for a grant under this subpart, 11each applicant shall maintain a file, with respect to each 12Indian child for whom the local educational agency pro- 13vides a free public education, that contains a form that sets 14forth information establishing the status of the child as an 15Indian child eligible for assistance under this subpart, and 16that otherwise meets the requirements of subsection (b). 17''(b) FORMS.'--The form described in subsection (a) 18shall include'-- 19''(1) either'-- 20''(A)(i) the name of the tribe or band of In- 21dians (as defined in section 5151) with respect 22to which the child claims membership; 23
424 'S 1177 EAH ''(ii) the enrollment or membership number 1establishing the membership of the child (if read- 2ily available); and 3''(iii) the name and address of the organiza- 4tion that maintains updated and accurate mem- 5bership data for such tribe or band of Indians; 6or 7''(B) the name, the enrollment or member- 8ship number (if readily available), and the name 9and address of the organization responsible for 10maintaining updated and accurate membership 11data, of any parent or grandparent of the child 12from whom the child claims eligibility under this 13subpart, if the child is not a member of the tribe 14or band of Indians (as so defined); 15''(2) a statement of whether the tribe or band of 16Indians (as so defined), with respect to which the 17child, or parent or grandparent of the child, claims 18membership, is federally recognized; 19''(3) the name and address of the parent or legal 20guardian of the child; 21''(4) a signature of the parent or legal guardian 22of the child that verifies the accuracy of the informa- 23tion supplied; 24
425 'S 1177 EAH ''(5) any other information that the Secretary 1considers necessary to provide an accurate program 2profile; and 3''(6) all individual data collected will be pro- 4tected by the local educational agencies and only ag- 5gregated data will be reported to the Secretary. 6''(c) STATUTORYCONSTRUCTION.'--Nothing in this sec- 7tion shall be construed to affect a definition contained in 8section 5151. 9''(d) DOCUMENTATION ANDTYPES OFPROOF.'-- 10''(1) TYPES OF PROOF.'--For purposes of deter- 11mining whether a child is eligible to be counted for 12the purpose of computing the amount of a grant 13award under section 5113, the membership of the 14child, or any parent or grandparent of the child, in 15a tribe or band of Indians (as so defined) may be es- 16tablished by proof other than an enrollment number, 17notwithstanding the availability of an enrollment 18number for a member of such tribe or band. Nothing 19in subsection (b) shall be construed to require the fur- 20nishing of an enrollment number. 21''(2) NO NEW OR DUPLICATIVE DETERMINA- 22TIONS.'--Once a child is determined to be an Indian 23eligible to be counted for such grant award, the local 24education agency shall maintain a record of such de- 25
426 'S 1177 EAH termination and shall not require a new or duplicate 1determination to be made for such child for a subse- 2quent application for a grant under this subpart. 3''(3) PREVIOUSLY FILED FORMS.'--An Indian 4student eligibility form that was on file as required 5by this section on the day before the date of the enact- 6ment of the Student Success Act and that met the re- 7quirements of this section, as this section was in effect 8on the day before the date of the enactment of such 9Act, shall remain valid for such Indian student. 10''(e) MONITORING ANDEVALUATIONREVIEW.'-- 11''(1) IN GENERAL.'-- 12''(A) REVIEW.'--For each fiscal year, in 13order to provide such information as is necessary 14to carry out the responsibility of the Secretary to 15provide technical assistance under this subpart, 16the Secretary shall conduct a monitoring and 17evaluation review of a sampling of the recipients 18of grants under this subpart. The sampling con- 19ducted under this subparagraph shall take into 20account the size of and the geographic location of 21each local educational agency. 22''(B) EXCEPTION.'--A local educational 23agency may not be held liable to the United 24States or be subject to any penalty, by reason of 25
427 'S 1177 EAH the findings of an audit that relates to the date 1of completion, or the date of submission, of any 2forms used to establish, before April 28, 1988, the 3eligibility of a child for an entitlement under the 4Indian Elementary and Secondary School As- 5sistance Act. 6''(2) FALSE INFORMATION.'--Any local edu- 7cational agency that provides false information in an 8application for a grant under this subpart shall'-- 9''(A) be ineligible to apply for any other 10grant under this subpart; and 11''(B) be liable to the United States for any 12funds from the grant that have not been ex- 13pended. 14''(3) EXCLUDED CHILDREN.'--A student who pro- 15vides false information for the form required under 16subsection (a) shall not be counted for the purpose of 17computing the amount of a grant under section 5113. 18''(f) TRIBALGRANT ANDCONTRACTSCHOOLS.'--Not- 19withstanding any other provision of this section, in calcu- 20lating the amount of a grant under this subpart to a tribal 21school that receives a grant or contract from the Bureau 22of Indian Education, the Secretary shall use only one of 23the following, as selected by the school: 24
428 'S 1177 EAH ''(1) A count of the number of students in the 1schools certified by the Bureau. 2''(2) A count of the number of students for whom 3the school has eligibility forms that comply with this 4section. 5''(g) TIMING OFCHILDCOUNTS.'--For purposes of de- 6termining the number of children to be counted in calcu- 7lating the amount of a local educational agency's grant 8under this subpart (other than in the case described in sub- 9section (f)(1)), the local educational agency shall'-- 10''(1) establish a date on, or a period not longer 11than 31 consecutive days during, which the agency 12counts those children, if that date or period occurs be- 13fore the deadline established by the Secretary for sub- 14mitting an application under section 5114; and 15''(2) determine that each such child was enrolled, 16and receiving a free public education, in a school of 17the agency on that date or during that period, as the 18case may be. 19''SEC. 5118. PAYMENTS. 20''(a) INGENERAL.'--Subject to subsection (b), the Sec- 21retary shall pay to each local educational agency that sub- 22mits an application that is approved by the Secretary 23under this subpart the amount determined under section 245113. The Secretary shall notify the local educational agen- 25
429 'S 1177 EAH cy of the amount of the payment not later than June 1 1of the year for which the Secretary makes the payment. 2''(b) PAYMENTSTAKENINTOACCOUNT BY THE 3STATE.'--The Secretary may not make a grant under this 4subpart to a local educational agency for a fiscal year if, 5for such fiscal year, the State in which the local educational 6agency is located takes into consideration payments made 7under this chapter in determining the eligibility of the local 8educational agency for State aid, or the amount of the State 9aid, with respect to the free public education of children 10during such fiscal year or the preceding fiscal year. 11''(c) REALLOCATIONS.'--The Secretary may reallocate, 12in a manner that the Secretary determines will best carry 13out the purpose of this subpart, any amounts that'-- 14''(1) based on estimates made by local edu- 15cational agencies or other information, the Secretary 16determines will not be needed by such agencies to 17carry out approved programs under this subpart; or 18''(2) otherwise become available for reallocation 19under this subpart. 20''SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW. 21''Before submitting an application to the Secretary 22under section 5114, a local educational agency shall submit 23the application to the State educational agency, which may 24comment on such application. If the State educational 25
430 'S 1177 EAH agency comments on the application, the agency shall com- 1ment on all applications submitted by local educational 2agencies in the State and shall provide those comments to 3the respective local educational agencies, with an oppor- 4tunity to respond. 5''Subpart 2'--Special Programs and Projects To Im-6prove Educational Opportunities for Indian Chil-7dren and Youth 8''SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IM-9PROVE EDUCATIONAL OPPORTUNITIES FOR 10INDIAN CHILDREN AND YOUTH. 11''(a) PURPOSE.'-- 12''(1) IN GENERAL.'--It is the purpose of this sec- 13tion to support projects to develop, test, and dem- 14onstrate the effectiveness of services and programs to 15improve educational opportunities and achievement of 16Indian children and youth. 17''(2) COORDINATION.'--The Secretary shall take 18the necessary actions to achieve the coordination of 19activities assisted under this subpart with'-- 20''(A) other programs funded under this Act; 21and 22''(B) other Federal programs operated for 23the benefit of American Indian and Alaska Na- 24tive children and youth. 25
431 'S 1177 EAH ''(b) ELIGIBLEENTITIES.'--In this section, the term 1'eligible entity' means a State educational agency, local 2educational agency, Indian tribe, Indian organization, fed- 3erally supported elementary school or secondary school for 4Indian students, Indian institution (including an Indian 5institution of higher education), Alaska Native Organiza- 6tion, or a consortium of such entities. 7''(c) GRANTSAUTHORIZED.'-- 8''(1) IN GENERAL.'--The Secretary shall award 9grants to eligible entities to enable such entities to 10carry out activities that meet the purpose of this sec- 11tion, including'-- 12''(A) innovative programs related to the 13educational needs of educationally disadvantaged 14children and youth; 15''(B) educational services that are not avail- 16able to such children and youth in sufficient 17quantity or quality, including remedial instruc- 18tion, to raise the achievement of Indian and 19Alaska Native children in one or more of the sub- 20jects of English, mathematics, science, foreign 21languages, art, history, and geography; 22''(C) bilingual and bicultural programs and 23projects; 24
432 'S 1177 EAH ''(D) special health and nutrition services, 1and other related activities, that address the spe- 2cial health, social, emotional, and psychological 3problems of Indian children; 4''(E) special compensatory and other pro- 5grams and projects designed to assist and en- 6courage Indian children to enter, remain in, or 7reenter school, and to increase the rate of high 8school graduation for Indian children; 9''(F) comprehensive guidance, counseling, 10and testing services; 11''(G) high quality early childhood education 12programs that are effective in preparing young 13children to make sufficient academic growth by 14the end of grade 3, including kindergarten and 15pre-kindergarten programs, family-based pre- 16school programs that emphasize school readiness, 17screening and referral, and the provision of serv- 18ices to Indian children and youth with disabil- 19ities; 20''(H) partnership projects between local edu- 21cational agencies and institutions of higher edu- 22cation that allow secondary school students to 23enroll in courses at the postsecondary level to aid 24
433 'S 1177 EAH such students in the transition from secondary to 1postsecondary education; 2''(I) partnership projects between schools 3and local businesses for career preparation pro- 4grams designed to provide Indian youth with the 5knowledge and skills such youth need to make an 6effective transition from school to a high-skill, 7high-wage career; 8''(J) programs designed to encourage and 9assist Indian students to work toward, and gain 10entrance into, an institution of higher education; 11''(K) family literacy services; 12''(L) activities that recognize and support 13the unique cultural and educational needs of In- 14dian children, and incorporate appropriately 15qualified tribal elders and seniors; 16''(M) high quality professional development 17of teaching professionals and paraprofessionals; 18or 19''(N) other services that meet the purpose 20described in this section. 21''(d) GRANTREQUIREMENTS ANDAPPLICATIONS.'-- 22''(1) GRANT REQUIREMENTS.'-- 23''(A) IN GENERAL.'--The Secretary may 24make multiyear grants under subsection (c) for 25
434 'S 1177 EAH the planning, development, pilot operation, or 1demonstration of any activity described in sub- 2section (c) for a period not to exceed 5 years. 3''(B) PRIORITY.'--In making multiyear 4grants described in this paragraph, the Secretary 5shall give priority to entities submitting applica- 6tions that present a plan for combining two or 7more of the activities described in subsection (c) 8over a period of more than 1 year. 9''(C) PROGRESS.'--The Secretary shall make 10a grant payment for a grant described in this 11paragraph to an eligible entity after the initial 12year of the multiyear grant only if the Secretary 13determines that the eligible entity has made sub- 14stantial progress in carrying out the activities 15assisted under the grant in accordance with the 16application submitted under paragraph (3) and 17any subsequent modifications to such applica- 18tion. 19''(2) DISSEMINATION GRANTS.'-- 20''(A) IN GENERAL.'--In addition to award- 21ing the multiyear grants described in paragraph 22(1), the Secretary may award grants under sub- 23section (c) to eligible entities for the dissemina- 24
435 'S 1177 EAH tion of exemplary materials or programs assisted 1under this section. 2''(B) DETERMINATION.'--The Secretary may 3award a dissemination grant described in this 4paragraph if, prior to awarding the grant, the 5Secretary determines that the material or pro- 6gram to be disseminated'-- 7''(i) has been adequately reviewed; 8''(ii) has demonstrated educational 9merit; and 10''(iii) can be replicated. 11''(3) APPLICATION.'-- 12''(A) IN GENERAL.'--Any eligible entity that 13desires to receive a grant under this section shall 14submit an application to the Secretary at such 15time and in such manner as the Secretary may 16reasonably require. 17''(B) CONTENTS.'--Each application sub- 18mitted to the Secretary under subparagraph (A), 19other than an application for a dissemination 20grant under paragraph (2), shall contain'-- 21''(i) a description of how parents of In- 22dian children and representatives of Indian 23tribes have been, and will be, involved in 24
436 'S 1177 EAH developing and implementing the activities 1for which assistance is sought; 2''(ii) assurances that the applicant will 3participate, at the request of the Secretary, 4in any national evaluation of activities as- 5sisted under this section; 6''(iii) information demonstrating that 7the proposed program for the activities is a 8scientifically based research program, where 9applicable, which may include a program 10that has been modified to be culturally ap- 11propriate for students who will be served; 12''(iv) a description of how the appli- 13cant will incorporate the proposed activities 14into the ongoing school program involved 15once the grant period is over; and 16''(v) such other assurances and infor- 17mation as the Secretary may reasonably re- 18quire. 19''(e) ADMINISTRATIVECOSTS.'--Not more than 5 per- 20cent of the funds provided to a grantee under this subpart 21for any fiscal year may be used for administrative pur- 22poses. 23
437 'S 1177 EAH ''SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 1AND EDUCATION PROFESSIONALS. 2''(a) PURPOSES.'--The purposes of this section are'-- 3''(1) to increase the number of qualified Indian 4and Alaska Native teachers and administrators serv- 5ing Indian and Alaska Native students; 6''(2) to provide training to qualified Indian and 7Alaska Native individuals to become educators and 8education support service professionals; and 9''(3) to improve the skills of qualified Indian in- 10dividuals who serve in the capacities described in 11paragraph (2). 12''(b) ELIGIBLEENTITIES.'--For the purpose of this sec- 13tion, the term 'eligible entity' means'-- 14''(1) an institution of higher education, includ- 15ing an Indian institution of higher education; 16''(2) a State educational agency or local edu- 17cational agency, in consortium with an institution of 18higher education; 19''(3) an Indian tribe or organization, in consor- 20tium with an institution of higher education; and 21''(4) a Bureau-funded school (as defined in sec- 22tion 1146 of the Education Amendments of 1978). 23''(c) PROGRAMAUTHORIZED.'--The Secretary is au- 24thorized to award grants to eligible entities having applica- 25
438 'S 1177 EAH tions approved under this section to enable those entities 1to carry out the activities described in subsection (d). 2''(d) AUTHORIZEDACTIVITIES.'-- 3''(1) IN GENERAL.'--Grant funds under this sec- 4tion shall be used for activities to provide support 5and training for Indian individuals in a manner 6consistent with the purposes of this section. Such ac- 7tivities may include continuing programs, symposia, 8workshops, conferences, and direct financial support, 9and may include programs designed to train tribal 10elders and seniors. 11''(2) SPECIAL RULES.'-- 12''(A) TYPE OF TRAINING.'--For education 13personnel, the training received pursuant to a 14grant under this section may be inservice or 15preservice training. 16''(B) PROGRAM.'--For individuals who are 17being trained to enter any field other than teach- 18ing, the training received pursuant to a grant 19under this section shall be in a program that re- 20sults in a graduate degree. 21''(e) APPLICATION.'--Each eligible entity desiring a 22grant under this section shall submit an application to the 23Secretary at such time, in such manner, and accompanied 24
439 'S 1177 EAH by such information, as the Secretary may reasonably re- 1quire. 2''(f) SPECIALRULE.'--In awarding grants under this 3section, the Secretary'-- 4''(1) shall consider the prior performance of the 5eligible entity; and 6''(2) may not limit eligibility to receive a grant 7under this section on the basis of'-- 8''(A) the number of previous grants the Sec- 9retary has awarded such entity; or 10''(B) the length of any period during which 11such entity received such grants. 12''(g) GRANTPERIOD.'--Each grant under this section 13shall be awarded for a period of not more than 5 years. 14''(h) SERVICEOBLIGATION.'-- 15''(1) IN GENERAL.'--The Secretary shall require, 16by regulation, that an individual who receives train- 17ing pursuant to a grant made under this section'-- 18''(A) perform work'-- 19''(i) related to the training received 20under this section; and 21''(ii) that benefits Indian people; or 22''(B) repay all or a prorated part of the as- 23sistance received. 24
440 'S 1177 EAH ''(2) REPORTING.'--The Secretary shall establish, 1by regulation, a reporting procedure under which a 2grant recipient under this section shall, not later than 312 months after the date of completion of the train- 4ing, and periodically thereafter, provide information 5concerning compliance with the work requirement 6under paragraph (1). 7''SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE 8AGREEMENTS. 9''(a) PURPOSE.'--Tribes may enter into written cooper- 10ative agreements with the State educational agency and the 11local educational agencies operating a school or schools 12within Indian lands. For purposes of this section, the term 13'Indian land' has the meaning given that term in section 148013. 15''(b) COOPERATIVEAGREEMENT.'--If requested by the 16Indian tribe, the State educational agency or the local edu- 17cational agency may enter into a cooperative agreement 18with the Indian tribe. Such cooperative agreement'-- 19''(1) may authorize the tribe or such tribe's re- 20spective tribal education agency to plan, conduct, con- 21solidate, and administer programs, services, func- 22tions, and activities, or portions thereof, administered 23by the State educational agency or the local edu- 24cational agency; 25
441 'S 1177 EAH ''(2) may authorize the tribe or such tribe's re- 1spective tribal education agency to reallocate funds 2for such programs, services, functions, and activities, 3or portions thereof as necessary; and 4''(3) shall'-- 5''(A) only confer the tribe or such tribe's re- 6spective tribal education agency with responsibil- 7ities to conduct activities described in paragraph 8(1) such that the burden assumed by the tribe or 9the tribal education agency for conducting such 10is commensurate with the benefit that doing so 11conveys to all parties of the agreement; and 12''(B) be based solely on terms of the written 13agreement decided upon by the Indian tribe and 14the State educational agency or local education 15agency. 16''(c) DISAGREEMENT.'--Agreements shall only be valid 17if the Indian tribe and State educational agency or local 18educational agency agree fully in writing to all of the terms 19of the written cooperative agreement. 20''(d) COMPLIANCEWITHAPPLICABLELAW.'--Nothing 21in this section shall be construed to relieve any party to 22a cooperative agreement from complying with all applicable 23Federal, State, local laws. State and local educational agen- 24cies are still the ultimate responsible, liable parties for com- 25
442 'S 1177 EAH plying with all laws and funding requirements for any 1functions that are conveyed to tribes and tribal education 2agencies through the cooperative agreements. 3''(e) DEFINITION.'--For the purposes of this subpart, 4the term 'Indian Tribe' means any tribe or band that is 5officially recognized by the Secretary of the Interior. 6''Subpart 3'--National Activities 7''SEC. 5131. NATIONAL RESEARCH ACTIVITIES. 8''(a) AUTHORIZEDACTIVITIES.'--The Secretary may 9use funds made available to carry out this subpart for each 10fiscal year to'-- 11''(1) conduct research related to effective ap- 12proaches for improving the academic achievement and 13development of Indian and Alaska Native children 14and adults; 15''(2) collect and analyze data on the educational 16status and needs of Indian and Alaska Native stu- 17dents; and 18''(3) carry out other activities that are consistent 19with the purpose of this part. 20''(b) ELIGIBILITY.'--The Secretary may carry out any 21of the activities described in subsection (a) directly or 22through grants to, or contracts or cooperative agreements 23with, Indian tribes, Indian organizations, State edu- 24cational agencies, local educational agencies, institutions of 25
443 'S 1177 EAH higher education, including Indian institutions of higher 1education, and other public and private agencies and insti- 2tutions. 3''(c) COORDINATION.'--Research activities supported 4under this section'-- 5''(1) shall be coordinated with appropriate offices 6within the Department; and 7''(2) may include collaborative research activities 8that are jointly funded and carried out by the Office 9of Indian Education Programs, the Office of Edu- 10cational Research and Improvement, the Bureau of 11Indian Education, and the Institute of Education 12Sciences. 13''SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 14STUDENTS THROUGH NATIVE AMERICAN 15LANGUAGE. 16''(a) PURPOSE.'--It is the purpose of this section to im- 17prove educational opportunities and academic achievement 18of Indian and Alaska Native students through Native Amer- 19ican language programs and to foster the acquisition of Na- 20tive American language. 21''(b) DEFINITION OFELIGIBLEENTITY.'--In this sec- 22tion, the term 'eligible entity' means a State educational 23agency, local educational agency, Indian tribe, Indian or- 24ganization, federally supported elementary school or sec- 25
444 'S 1177 EAH ondary school for Indian students, Indian institution (in- 1cluding an Indian institution of higher education), or a 2consortium of such entities. 3''(c) GRANTSAUTHORIZED.'--The Secretary shall 4award grants to eligible entities to enable such entities to 5carry out the following activities: 6''(1) Native American language programs that'-- 7''(A) provide instruction through the use of 8a Native American language for not less than 10 9children for an average of not less than 500 10hours per year per student; 11''(B) provide for the involvement of parents, 12caregivers, and families of students enrolled in 13the program; 14''(C) utilize, and may include the develop- 15ment of, instructional courses and materials for 16learning Native American languages and for in- 17struction through the use of Native American 18languages; 19''(D) provide support for professional devel- 20opment activities; and 21''(E) include a goal of all students achiev- 22ing'-- 23''(i) fluency in a Native American lan- 24guage; and 25
445 'S 1177 EAH ''(ii) academic proficiency in mathe- 1matics, English, reading or language arts, 2and science. 3''(2) Native American language restoration pro- 4grams that'-- 5''(A) provide instruction in not less than 1 6Native American language; 7''(B) provide support for professional devel- 8opment activities for teachers of Native Amer- 9ican languages; 10''(C) develop instructional materials for the 11programs; and 12''(D) include the goal of increasing pro- 13ficiency and fluency in not less than 1 Native 14American language. 15''(d) APPLICATION.'-- 16''(1) IN GENERAL.'--An eligible entity that de- 17sires to receive a grant under this section shall submit 18an application to the Secretary at such time, in such 19manner, and accompanied by such information as the 20Secretary may require. 21''(2) CERTIFICATION.'--An eligible entity that 22submits an application for a grant to carry out the 23activity specified in subsection (c)(1), shall include in 24such application a certification that assures that such 25
446 'S 1177 EAH entity has experience and a demonstrated record of ef- 1fectiveness in operating and administering a Native 2American language program or any other educational 3program in which instruction is conducted in a Na- 4tive American language. 5''(e) GRANTDURATION.'--The Secretary shall make 6grants under this section only on a multi-year basis. Each 7such grant shall be for a period not to exceed 5 years. 8''(f) DEFINITION.'--In this section, the term 'average' 9means the aggregate number of hours of instruction through 10the use of a Native American language to all students en- 11rolled in a Native American language program during a 12school year divided by the total number of students enrolled 13in the program. 14''(g) ADMINISTRATIVECOSTS.'-- 15''(1) IN GENERAL.'--Except as provided in para- 16graph (2), not more than 5 percent of the funds pro- 17vided to a grantee under this section for any fiscal 18year may be used for administrative purposes. 19''(2) EXCEPTION.'--An elementary school or sec- 20ondary school for Indian students that receives funds 21from a recipient of a grant under subsection (c) for 22any fiscal year may use not more than 10 percent of 23the funds for administrative purposes. 24
447 'S 1177 EAH ''SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINIS-1TRATIVE PLANNING AND DEVELOPMENT. 2''(a) INGENERAL.'--The Secretary may make grants 3to Indian tribes, and tribal organizations approved by In- 4dian tribes, to plan and develop a centralized tribal admin- 5istrative entity to'-- 6''(1) coordinate all education programs operated 7by the tribe or within the territorial jurisdiction of 8the tribe; 9''(2) develop education codes for schools within 10the territorial jurisdiction of the tribe; 11''(3) provide support services and technical as- 12sistance to schools serving children of the tribe; and 13''(4) perform child-find screening services for the 14preschool-aged children of the tribe to'-- 15''(A) ensure placement in appropriate edu- 16cational facilities; and 17''(B) coordinate the provision of any needed 18special services for conditions such as disabilities 19and English language skill deficiencies. 20''(b) PERIOD OFGRANT.'--Each grant awarded under 21this section may be awarded for a period of not more than 223 years. Such grant may be renewed upon the termination 23of the initial period of the grant if the grant recipient dem- 24onstrates to the satisfaction of the Secretary that renewing 25the grant for an additional 3-year period is necessary to 26
448 'S 1177 EAH carry out the objectives of the grant described in subsection 1(c)(2)(A). 2''(c) APPLICATION FORGRANT.'-- 3''(1) IN GENERAL.'--Each Indian tribe and tribal 4organization desiring a grant under this section shall 5submit an application to the Secretary at such time, 6in such manner, containing such information, and 7consistent with such criteria, as the Secretary may 8prescribe in regulations. 9''(2) CONTENTS.'--Each application described in 10paragraph (1) shall contain'-- 11''(A) a statement describing the activities to 12be conducted, and the objectives to be achieved, 13under the grant; and 14''(B) a description of the method to be used 15for evaluating the effectiveness of the activities 16for which assistance is sought and for deter- 17mining whether such objectives are achieved. 18''(3) APPROVAL.'--The Secretary may approve an 19application submitted by a tribe or tribal organiza- 20tion pursuant to this section only if the Secretary is 21satisfied that such application, including any docu- 22mentation submitted with the application'-- 23''(A) demonstrates that the applicant has 24consulted with other education entities, if any, 25
449 'S 1177 EAH within the territorial jurisdiction of the appli- 1cant who will be affected by the activities to be 2conducted under the grant; 3''(B) provides for consultation with such 4other education entities in the operation and 5evaluation of the activities conducted under the 6grant; and 7''(C) demonstrates that there will be ade- 8quate resources provided under this section or 9from other sources to complete the activities for 10which assistance is sought, except that the avail- 11ability of such other resources shall not be a 12basis for disapproval of such application. 13''(d) RESTRICTION.'--A tribe may not receive funds 14under this section if such tribe receives funds under section 151144 of the Education Amendments of 1978. 16''Subpart 4'--Federal Administration 17''SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-18CATION. 19''(a) MEMBERSHIP.'--There is established a National 20Advisory Council on Indian Education (hereafter in this 21section referred to as the 'Council'), which shall'-- 22''(1) consist of 15 Indian members, who shall be 23appointed by the President from lists of nominees fur- 24
450 'S 1177 EAH nished, from time to time, by Indian tribes and orga- 1nizations; and 2''(2) represent different geographic areas of the 3United States. 4''(b) DUTIES.'--The Council shall'-- 5''(1) advise the Secretary concerning the funding 6and administration (including the development of 7regulations and administrative policies and practices) 8of any program, including any program established 9under this part'-- 10''(A) with respect to which the Secretary has 11jurisdiction; and 12''(B)(i) that includes Indian children or 13adults as participants; or 14''(ii) that may benefit Indian children or 15adults; 16''(2) make recommendations to the Secretary for 17filling the position of Director of Indian Education 18whenever a vacancy occurs; and 19''(3) submit to Congress, not later than June 30 20of each year, a report on the activities of the Council, 21including'-- 22''(A) any recommendations that the Council 23considers appropriate for the improvement of 24Federal education programs that include Indian 25
451 'S 1177 EAH children or adults as participants, or that may 1benefit Indian children or adults; and 2''(B) recommendations concerning the fund- 3ing of any program described in subparagraph 4(A). 5''SEC. 5142. PEER REVIEW. 6''The Secretary may use a peer review process to re- 7view applications submitted to the Secretary under subpart 82 or subpart 3. 9''SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS. 10''In making grants and entering into contracts or co- 11operative agreements under subpart 2 or subpart 3, the Sec- 12retary shall give a preference to Indian tribes, organiza- 13tions, and institutions of higher education under any pro- 14gram with respect to which Indian tribes, organizations, 15and institutions are eligible to apply for grants, contracts, 16or cooperative agreements. 17''SEC. 5144. MINIMUM GRANT CRITERIA. 18''The Secretary may not approve an application for 19a grant, contract, or cooperative agreement under subpart 202 or subpart 3 unless the application is for a grant, con- 21tract, or cooperative agreement that is'-- 22''(1) of sufficient size, scope, and quality to 23achieve the purpose or objectives of such grant, con- 24tract, or cooperative agreement; and 25
452 'S 1177 EAH ''(2) based on relevant research findings. 1''Subpart 5'--Definitions; Authorizations of 2Appropriations 3''SEC. 5151. DEFINITIONS. 4''For the purposes of this part: 5''(1) ADULT.'--The term 'adult' means an indi- 6vidual who'-- 7''(A) has attained the age of 16 years; or 8''(B) has attained an age that is greater 9than the age of compulsory school attendance 10under an applicable State law. 11''(2) FREE PUBLIC EDUCATION.'--The term 'free 12public education' means education that is'-- 13''(A) provided at public expense, under pub- 14lic supervision and direction, and without tui- 15tion charge; and 16''(B) provided as elementary or secondary 17education in the applicable State or to preschool 18children. 19''(3) INDIAN.'--The term 'Indian' means an indi- 20vidual who is'-- 21''(A) a member of an Indian tribe or band, 22as membership is defined by the tribe or band, 23including'-- 24
453 'S 1177 EAH ''(i) any tribe or band terminated since 11940; and 2''(ii) any tribe or band recognized by 3the State in which the tribe or band resides; 4''(B) a descendant, in the first or second de- 5gree, of an individual described in subparagraph 6(A); 7''(C) considered by the Secretary of the Inte- 8rior to be an Indian for any purpose; 9''(D) an Alaska Native, as defined in sec- 10tion 5206(1); or 11''(E) a member of an organized Indian 12group that received a grant under the Indian 13Education Act of 1988 as in effect the day pre- 14ceding the date of the enactment of the Improv- 15ing America's Schools Act of 1994. 16''(4) ALASKA NATIVE ORGANIZATION.'--The term 17'Alaska Native Organization' has the same meaning 18as defined in section 5206(2). 19''SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS. 20''(a) SUBPART1.'--For the purpose of carrying out 21subpart 1, there are authorized to be appropriated 22$105,921,000 for each of fiscal years 2016 through 2019. 23''(b) SUBPARTS2 AND3.'--For the purpose of carrying 24out subparts 2 and 3, there are authorized to be appro- 25
454 'S 1177 EAH priated $24,858,000 for each of fiscal years 2016 through 12019. 2''PART B'--ALASKA NATIVE EDUCATION 3''SEC. 5201. SHORT TITLE. 4''This part may be cited as the 'Alaska Native Edu- 5cational Equity, Support, and Assistance Act'. 6''SEC. 5202. FINDINGS. 7''Congress finds and declares the following: 8''(1) It is the policy of the Federal Government 9to maximize the leadership of and participation by 10Alaska Natives in the planning and the management 11of Alaska Native education programs and to support 12efforts developed by and undertaken within the Alaska 13Native community to improve educational oppor- 14tunity for all students. 15''(2) Many Alaska Native children enter and exit 16school with serious educational disadvantages. 17''(3) Overcoming the magnitude of the geographic 18challenges, historical inequities, and other barriers to 19successfully improving educational outcomes for Alas- 20ka Native students in rural, village, and urban set- 21tings is challenging. Significant disparities between 22academic achievement of Alaska Native students and 23non-Native students continues, including lower grad- 24
455 'S 1177 EAH uation rates, increased school dropout rates, and 1lower achievement scores on standardized tests. 2''(4) The preservation of Alaska Native cultures 3and languages and the integration of Alaska Native 4cultures and languages into education, positive iden- 5tity development for Alaska Native students, and 6local, place-based, and culture-based programming 7are critical to the attainment of educational success 8and the long-term well-being of Alaska Native stu- 9dents. 10''(5) Improving educational outcomes for Alaska 11Native students increases access to employment oppor- 12tunities. 13''(6) The programs and activities authorized 14under this part give priority to Alaska Native organi- 15zations as a means of increasing Alaska Native par- 16ents' and community involvement in the promotion of 17academic success of Alaska Native students. 18''(7) The Federal Government should lend sup- 19port to efforts developed by and undertaken within the 20Alaska Native community to improve educational op- 21portunity for Alaska Native students. In 1983, pursu- 22ant to Public Law 98''63, Alaska ceased to receive 23educational funding from the Bureau of Indian Af- 24fairs. The Bureau of Indian Education does not oper- 25
456 'S 1177 EAH ate any schools in Alaska, nor operate or fund Alaska 1Native education programs. The program under this 2part supports the Federal trust responsibility of the 3United States to Alaska Natives. 4''SEC. 5203. PURPOSES. 5''The purposes of this part are as follows: 6''(1) To recognize and address the unique edu- 7cational needs of Alaska Natives. 8''(2) To recognize the role of Alaska Native lan- 9guages and cultures in the educational success and 10long-term well-being of Alaska Native students. 11''(3) To integrate Alaska Native cultures and 12languages into education, develop Alaska Native stu- 13dents' positive identity, and support local place-based 14and culture-based curriculum and programming. 15''(4) To authorize the development, management, 16and expansion of effective supplemental educational 17programs to benefit Alaska Natives. 18''(5) To provide direction and guidance to ap- 19propriate Federal, State, and local agencies to focus 20resources, including resources made available under 21this part, on meeting the educational needs of Alaska 22Natives. 23''(6) To ensure the maximum participation by 24Alaska Native educators and leaders in the planning, 25
457 'S 1177 EAH development, management, and evaluation of pro- 1grams designed to serve Alaska Natives students, and 2to ensure Alaska Native organizations play a mean- 3ingful role in supplemental educational services pro- 4vided to Alaska Native students. 5''SEC. 5204. PROGRAM AUTHORIZED. 6''(a) GENERALAUTHORITY.'-- 7''(1) GRANTS AND CONTRACTS.'--The Secretary is 8authorized to make grants to, or enter into contracts 9with, Alaska Native organizations, State educational 10agencies, local educational agencies, educational enti- 11ties with experience in developing or operating Alaska 12Native educational programs or programs of instruc- 13tion conducted in Alaska Native languages, cultural 14and community-based organizations with experience 15in developing or operating programs to benefit the 16educational needs of Alaska Natives, and consortia of 17organizations and entities described in this para- 18graph, to carry out programs that meet the purposes 19of this part. 20''(2) ADDITIONAL REQUIREMENT.'--A State edu- 21cational agency, local educational agency, educational 22entity with experience in developing or operating 23Alaska Native educational programs or programs of 24instruction conducted in Alaska Native languages, 25
458 'S 1177 EAH cultural and community-based organization with ex- 1perience in developing or operating programs to ben- 2efit the educational needs of Alaska Natives, or con- 3sortium of such organizations and entities is eligible 4for an award under this part only as part of a part- 5nership involving an Alaska Native organization. 6''(3) MANDATORY ACTIVITIES.'--Activities pro- 7vided through the programs carried out under this 8part shall include the following which shall only be 9provided specifically in the context of elementary and 10secondary education: 11''(A) The development and implementation 12of plans, methods, and strategies to improve the 13educational outcomes of Alaska Native people. 14''(B) The collection of data to assist in the 15evaluation of the programs carried out under 16this part. 17''(4) PERMISSIBLE ACTIVITIES.'--Activities pro- 18vided through programs carried out under this part 19may include the following which shall only be pro- 20vided specifically in the context of elementary and 21secondary education: 22''(A) The development of curricula and pro- 23grams that address the educational needs of Alas- 24ka Native students, including the following: 25
459 'S 1177 EAH ''(i) Curriculum materials that reflect 1the cultural diversity, languages, history, or 2the contributions of Alaska Native people. 3''(ii) Instructional programs that make 4use of Alaska Native languages and cul- 5tures. 6''(iii) Networks that develop, test, and 7disseminate best practices and introduce 8successful programs, materials, and tech- 9niques to meet the educational needs of 10Alaska Native students in urban and rural 11schools. 12''(B) Training and professional development 13activities for educators, including the following: 14''(i) Pre-service and in-service training 15and professional development programs to 16prepare teachers to develop appreciation for, 17and understanding of, Alaska Native his- 18tory, cultures, values, ways of knowing and 19learning in order to effectively address the 20cultural diversity and unique needs of Alas- 21ka Native students. 22''(ii) Recruitment and preparation of 23teachers who are Alaska Native. 24
460 'S 1177 EAH ''(iii) Programs that will lead to the 1certification and licensing of Alaska Native 2teachers, principals, and superintendents. 3''(C) The development and operation of stu- 4dent enrichment programs, including those in 5science, technology, engineering, and mathe- 6matics that'-- 7''(i) are designed to prepare Alaska 8Native students to excel in such subjects; 9''(ii) provide appropriate support serv- 10ices to enable such students to benefit from 11the programs; and 12''(iii) include activities that recognize 13and support the unique cultural and edu- 14cational needs of Alaska Native children, 15and incorporate appropriately qualified 16Alaska Native elders and other tradition 17bearers. 18''(D) Research and data collection activities 19to determine the educational status and needs of 20Alaska Native children and other research and 21evaluation activities related to programs carried 22out under this part. 23''(E) Activities designed to increase the 24graduation rates of Alaska Native students and 25
461 'S 1177 EAH prepare Alaska Native students to be college and 1career ready upon graduation from secondary 2school, such as'-- 3''(i) remedial and enrichment pro- 4grams; and 5''(ii) culturally based education pro- 6grams, such as'-- 7''(I) programs of study and other 8instruction in Alaska Native history 9and way of living, to share the rich 10and diverse cultures of Alaska Native 11peoples among Alaska Native youth 12and elders, non-Native students, teach- 13ers, and the larger community; 14''(II) instruction in leadership, 15communication, Native culture, arts, 16and languages to Alaska Native youth; 17''(III) instruction in Alaska Na- 18tive history and ways of living to stu- 19dents and teachers in the local school 20district; 21''(IV) intergenerational learning 22and internship opportunities to Alaska 23Native youth and young adults; and 24
462 'S 1177 EAH ''(V) providing cultural immer- 1sion activities aimed at Alaska Native 2cultural preservation. 3''(F) Statewide on-site exchange programs, 4for both students and teachers, that work to fa- 5cilitate cultural relationships between urban and 6rural Alaskans to build mutual respect and un- 7derstanding, and foster a statewide sense of com- 8mon identity through host family, school, and 9community cross-cultural immersion. 10''(G) Education programs for at-risk urban 11Alaska Native students in kindergarten through 12grade 12 that are designed to improve academic 13proficiency and graduation rates, utilize strate- 14gies otherwise permissible under this part, and 15incorporate a strong data collection and contin- 16uous evaluation component. 17''(H) Statewide programs that provide tech- 18nical assistance and support to schools and com- 19munities to engage adults in promoting the aca- 20demic progress and overall well-being of Alaska 21Native people through child and youth develop- 22ment, positive youth-adult relationships, im- 23proved conditions for learning (school climate, 24student connection to school and community), 25
463 'S 1177 EAH and increased connections between schools and 1families. 2''(I) Career preparation activities to enable 3Alaska Native children and adults to prepare for 4meaningful employment, including programs 5providing tech-prep, mentoring, training, and 6apprenticeship activities. 7''(J) Support for the development and oper- 8ational activities of regional vocational schools 9in rural areas of Alaska to provide students with 10necessary resources to prepare for skilled employ- 11ment opportunities. 12''(K) Regional leadership academies that 13demonstrate effectiveness in building respect, un- 14derstanding, and fostering a sense of Alaska Na- 15tive identity to promote their pursuit of and suc- 16cess in completing higher education or career 17training. 18''(L) Strategies designed to increase the in- 19volvement of parents in their children's edu- 20cation. 21''(b) LIMITATION ONADMINISTRATIVECOSTS.'--Not 22more than 5 percent of funds provided to an award recipi- 23ent under this part for any fiscal year may be used for 24administrative purposes. 25
464 'S 1177 EAH ''(c) PRIORITIES.'--In awarding grants or contracts to 1carry out activities described in this subpart, the Secretary 2shall give priority to applications from Alaska Native Or- 3ganizations. Such priority shall be explicitly delineated in 4the Secretary's process for evaluating applications and ap- 5plied consistently and transparently to all applications 6from Alaska Native Organizations. 7''(d) AUTHORIZATION OFAPPROPRIATIONS.'--There 8are authorized to be appropriated to carry out this part 9$33,185,000 for each of fiscal years 2016 through 2019. 10''SEC. 5205. ADMINISTRATIVE PROVISIONS. 11''(a) APPLICATIONREQUIRED.'-- 12''(1) IN GENERAL.'--No grant may be made 13under this part, and no contract may be entered into 14under this part, unless the Alaska Native organiza- 15tion or entity seeking the grant or contract submits 16an application to the Secretary in such form, in such 17manner, and containing such information as the Sec- 18retary may determine necessary to carry out the pro- 19visions of this part. 20''(2) REQUIREMENT FOR CERTAIN APPLICANTS.'-- 21An applicant described in section 5204(a)(2) shall, in 22the application submitted under this paragraph'-- 23''(A) demonstrate that an Alaska Native or- 24ganization was directly involved in the develop- 25
465 'S 1177 EAH ment of the program for which the application 1seeks funds and explicitly delineate the meaning- 2ful role that the Alaska Native organization will 3play in the implementation and evaluation of 4the program for which funding is sought; and 5''(B) provide a copy of the Alaska Native 6organization's governing document. 7''(b) CONSULTATIONREQUIRED.'--Each applicant for 8an award under this part shall provide for ongoing advice 9from and consultation with representatives of the Alaska 10Native community. 11''(c) LOCALEDUCATIONALAGENCYCOORDINATION.'-- 12Each applicant for an award under this part shall inform 13each local educational agency serving students who would 14participate in the program to be carried out under the 15grant or contract about the application. 16''(d) CONTINUATIONAWARDS.'--An applicant de- 17scribed in section 5204(a)(2) that receives funding under 18this part shall periodically demonstrate to the Secretary, 19during the term of the award, that the applicant is con- 20tinuing to meet the requirements of subsection (a)(2)(A). 21''SEC. 5206. DEFINITIONS. 22''In this part: 23''(1) ALASKA NATIVE.'--The term 'Alaska Native' 24has the same meaning as the term 'Native' has in sec- 25
466 'S 1177 EAH tion 3(b) of the Alaska Native Claims Settlement Act 1and their descendants. 2''(2) ALASKA NATIVE ORGANIZATION.'--The term 3'Alaska Native organization' means a federally recog- 4nized tribe, consortium of tribes, regional nonprofit 5Native association, and an organization, that'-- 6''(A) has or commits to acquire expertise in 7the education of Alaska Natives; and 8''(B) has Alaska Native people in sub- 9stantive and policymaking positions within the 10organization. 11''PART C'--NATIVE HAWAIIAN EDUCATION 12''SEC. 5301. FINDINGS. 13''Congress finds the following: 14''(1) Native Hawaiians are a distinct and 15unique indigenous people with a historical continuity 16to the original inhabitants of the Hawaiian archi- 17pelago, whose society was organized as a nation and 18internationally recognized as a nation by the United 19States, and many other countries. 20''(2) Native Hawaiians have a cultural, historic, 21and land-based link to the indigenous people who ex- 22ercised sovereignty over the Hawaiian Islands. 23
467 'S 1177 EAH ''(3) The political status of Native Hawaiians is 1comparable to that of American Indians and Alaska 2Natives. 3''(4) The political relationship between the 4United States and the Native Hawaiian people has 5been recognized and reaffirmed by the United States, 6as evidenced by the inclusion of Native Hawaiians in 7many Federal statutes, including'-- 8''(A) the Native American Programs Act of 91974 (42 U.S.C. 2991 et seq.); 10''(B) Public Law 95''341 (commonly known 11as the 'American Indian Religious Freedom Act' 12(42 U.S.C. 1996)); 13''(C) the National Museum of the American 14Indian Act (20 U.S.C. 80q et seq.); 15''(D) the Native American Graves Protec- 16tion and Repatriation Act (25 U.S.C. 3001 et 17seq.); 18''(E) the National Historic Preservation Act 19(16 U.S.C. 470 et seq.); 20''(F) the Native American Languages Act 21(25 U.S.C. 2901 et seq.); 22''(G) the American Indian, Alaska Native, 23and Native Hawaiian Culture and Art Develop- 24ment Act (20 U.S.C. 4401 et seq.); 25
468 'S 1177 EAH ''(H) the Workforce Investment Act of 1998 1(29 U.S.C. 2801 et seq.); and 2''(I) the Older Americans Act of 1965 (42 3U.S.C. 3001 et seq.). 4''(5) Many Native Hawaiian students lag behind 5other students in terms of'-- 6''(A) school readiness factors; 7''(B) scoring below national norms on edu- 8cation achievement tests at all grade levels; 9''(C) underrepresentation in the uppermost 10achievement levels and in gifted and talented 11programs; 12''(D) overrepresentation among students 13qualifying for special education programs; 14''(E) underrepresentation in institutions of 15higher education and among adults who have 16completed 4 or more years of college. 17''(6) The percentage of Native Hawaiian stu- 18dents served by the State of Hawaii Department of 19Education rose 30 percent from 1980 to 2008, and 20there are and will continue to be geographically rural, 21isolated areas with a high Native Hawaiian popu- 22lation density. 23''(7) The Native Hawaiian people are deter- 24mined to preserve, develop, and transmit to future 25
469 'S 1177 EAH generations their ancestral territory and their cul- 1tural identity in accordance with their own spiritual 2and traditional beliefs, customs, practices, language, 3and social institutions. 4''SEC. 5302. PURPOSES. 5''The purposes of this part are'-- 6''(1) to authorize, develop, implement, assess, and 7evaluate innovative educational programs, Native 8Hawaiian language medium programs, Native Ha- 9waiian culture-based education programs, and other 10education programs to improve the academic achieve- 11ment of Native Hawaiian students by meeting their 12unique cultural and language needs in order to help 13such students meet challenging State student aca- 14demic achievement standards; 15''(2) to provide guidance to appropriate Federal, 16State, and local agencies to more effectively and effi- 17ciently focus resources, including resources made 18available under this part, on the development and im- 19plementation of'-- 20''(A) innovative educational programs for 21Native Hawaiians; 22''(B) rigorous and substantive Native Ha- 23waiian language programs; and 24
470 'S 1177 EAH ''(C) Native Hawaiian culture-based edu- 1cational programs; and 2''(3) to create a system by which information 3from programs funded under this part will be col- 4lected, analyzed, evaluated, reported, and used in de- 5cisionmaking activities regarding the types of grants 6awarded under this part. 7''SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL 8GRANT. 9''(a) GRANTAUTHORIZED.'--In order to better effec- 10tuate the purposes of this part through the coordination of 11educational and related services and programs available to 12Native Hawaiians, including those programs that receive 13funding under this part, the Secretary shall award a grant 14to an education council, as described under subsection (b). 15''(b) EDUCATIONCOUNCIL.'-- 16''(1) ELIGIBILITY.'--To be eligible to receive the 17grant under subsection (a), the council shall be an 18education council (referred to in this section as the 19'Education Council') that meets the requirements of 20this subsection. 21''(2) COMPOSITION.'--The Education Council 22shall consist of 15 members of whom'-- 23''(A) one shall be the President of the Uni- 24versity of Hawaii (or a designee); 25
471 'S 1177 EAH ''(B) one shall be the Governor of the State 1of Hawaii (or a designee); 2''(C) one shall be the Superintendent of the 3State of Hawaii Department of Education (or a 4designee); 5''(D) one shall be the chairperson of the Of- 6fice of Hawaiian Affairs (or a designee); 7''(E) one shall be the executive director of 8Hawaii's Charter School Network (or a des- 9ignee); 10''(F) one shall be the chief executive officer 11of the Kamehameha Schools (or a designee); 12''(G) one shall be the Chief Executive Officer 13of the Queen Liliuokalani Trust (or a designee); 14''(H) one shall be a member, selected by the 15other members of the Education Council, who 16represents a private grant-making entity; 17''(I) one shall be the Mayor of the County 18of Hawaii (or a designee); 19''(J) one shall be the Mayor of Maui County 20(or a designee from the Island of Maui); 21''(K) one shall be the Mayor of the County 22of Kauai (or a designee); 23
472 'S 1177 EAH ''(L) one shall be appointed by the Mayor of 1Maui County from the Island of either Molokai 2or Lanai; 3''(M) one shall be the Mayor of the City and 4County of Honolulu (or a designee); 5''(N) one shall be the chairperson of the Ha- 6waiian Homes Commission (or a designee); and 7''(O) one shall be the chairperson of the Ha- 8waii Workforce Development Council (or a des- 9ignee representing the private sector). 10''(3) REQUIREMENTS.'--Any designee serving on 11the Education Council shall demonstrate, as deter- 12mined by the individual who appointed such designee 13with input from the Native Hawaiian community, 14not less than 5 years of experience as a consumer or 15provider of Native Hawaiian education or cultural 16activities, with traditional cultural experience given 17due consideration. 18''(4) LIMITATION.'--A member (including a des- 19ignee), while serving on the Education Council, shall 20not be a recipient of grant funds that are awarded 21under this part. 22''(5) TERM OF MEMBERS.'--A member who is a 23designee shall serve for a term of not more than 4 24years. 25
473 'S 1177 EAH ''(6) CHAIR, VICE CHAIR.'-- 1''(A) SELECTION.'--The Education Council 2shall select a Chair and a Vice Chair from 3among the members of the Education Council. 4''(B) TERM LIMITS.'--The Chair and Vice 5Chair shall each serve for a 2-year term. 6''(7) ADMINISTRATIVE PROVISIONS RELATING TO 7EDUCATION COUNCIL.'--The Education Council shall 8meet at the call of the Chair of the Council, or upon 9request by a majority of the members of the Edu- 10cation Council, but in any event not less often than 11every 120 days. 12''(8) NO COMPENSATION.'--None of the funds 13made available through the grant may be used to pro- 14vide compensation to any member of the Education 15Council or member of a working group established by 16the Education Council, for functions described in this 17section. 18''(c) USE OFFUNDS FORCOORDINATIONACTIVI- 19TIES.'--The Education Council shall use funds made avail- 20able through the grant to carry out each of the following 21activities: 22''(1) Providing advice about the coordination, 23and serving as a clearinghouse for, the educational 24and related services and programs available to Native 25
474 'S 1177 EAH Hawaiians, including the programs assisted under 1this part. 2''(2) Assessing the extent to which such services 3and programs meet the needs of Native Hawaiians, 4and collecting data on the status of Native Hawaiian 5education. 6''(3) Providing direction and guidance, through 7the issuance of reports and recommendations, to ap- 8propriate Federal, State, and local agencies in order 9to focus and improve the use of resources, including 10resources made available under this part, relating to 11Native Hawaiian education, and serving, where ap- 12propriate, in an advisory capacity. 13''(4) Awarding grants, if such grants enable the 14Education Council to carry out the activities de- 15scribed in paragraphs (1) through (3). 16''(5) Hiring an executive director who shall as- 17sist in executing the duties and powers of the Edu- 18cation Council, as described in subsection (d). 19''(d) USE OFFUNDS FORTECHNICALASSISTANCE.'-- 20The Education Council shall use funds made available 21through the grant to'-- 22''(1) provide technical assistance to Native Ha- 23waiian organizations that are grantees or potential 24grantees under this part; 25
475 'S 1177 EAH ''(2) obtain from such grantees information and 1data regarding grants awarded under this part, in- 2cluding information and data about'-- 3''(A) the effectiveness of such grantees in 4meeting the educational priorities established by 5the Education Council, as described in para- 6graph (6)(D), using metrics related to these pri- 7orities; and 8''(B) the effectiveness of such grantees in 9carrying out any of the activities described in 10section 5304(c) that are related to the specific 11goals and purposes of each grantee's grant 12project, using metrics related to these priorities; 13''(3) assess and define the educational needs of 14Native Hawaiians; 15''(4) assess the programs and services available 16to address the educational needs of Native Hawaiians; 17''(5) assess and evaluate the individual and ag- 18gregate impact achieved by grantees under this part 19in improving Native Hawaiian educational perform- 20ance and meeting the goals of this part, using metrics 21related to these goals; and 22''(6) prepare and submit to the Secretary, at the 23end of each calendar year, an annual report that con- 24tains'-- 25
476 'S 1177 EAH ''(A) a description of the activities of the 1Education Council during the calendar year; 2''(B) a description of significant barriers to 3achieving the goals of this part; 4''(C) a summary of each community con- 5sultation session described in subsection (e); and 6''(D) recommendations to establish prior- 7ities for funding under this part, based on an as- 8sessment of'-- 9''(i) the educational needs of Native 10Hawaiians; 11''(ii) programs and services available 12to address such needs; 13''(iii) the effectiveness of programs in 14improving the educational performance of 15Native Hawaiian students to help such stu- 16dents meet challenging State student aca- 17demic achievement standards; and 18''(iv) priorities for funding in specific 19geographic communities. 20''(e) USE OFFUNDS FORCOMMUNITYCONSULTA- 21TIONS.'--The Education Council shall use funds made avail- 22able through the grant under subsection (a) to hold not less 23than one community consultation each year on each of the 24
477 'S 1177 EAH islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 1Kauai, at which'-- 2''(1) not less than three members of the Edu- 3cation Council shall be in attendance; 4''(2) the Education Council shall gather commu- 5nity input regarding'-- 6''(A) current grantees under this part, as of 7the date of the consultation; 8''(B) priorities and needs of Native Hawai- 9ians; and 10''(C) other Native Hawaiian education 11issues; and 12''(3) the Education Council shall report to the 13community on the outcomes of the activities supported 14by grants awarded under this part. 15''(f) FUNDING.'--For each fiscal year, the Secretary 16shall use the amount described in section 5305(d)(2), to 17make a payment under the grant. Funds made available 18through the grant shall remain available until expended. 19''(g) REPORT.'--Beginning not later than 2 years after 20the date of the enactment of the Student Success Act, and 21for each subsequent year, the Secretary shall prepare and 22submit to the Committee on Education and the Workforce 23of the House of Representatives, and the Committee on In- 24
478 'S 1177 EAH dian Affairs and the Committee on Health, Education, 1Labor, and Pensions of the Senate, a report that'-- 2''(1) summarizes the annual reports of the Edu- 3cation Council; 4''(2) describes the allocation and use of funds 5under this part and the information gathered since 6the first annual report submitted by the Education 7Council to the Secretary under this section; and 8''(3) contains recommendations for changes in 9Federal, State, and local policy to advance the pur- 10poses of this part. 11''SEC. 5304. GRANT PROGRAM AUTHORIZED. 12''(a) GRANTS ANDCONTRACTS.'--In order to carry out 13programs that meet the purposes of this part, the Secretary 14is authorized to award grants to, or enter into contracts 15with'-- 16''(1) Native Hawaiian educational organiza- 17tions; 18''(2) Native Hawaiian community-based organi- 19zations; 20''(3) public and private nonprofit organizations, 21agencies, and institutions with experience in devel- 22oping or operating Native Hawaiian education and 23workforce development programs or programs of in- 24struction in the Native Hawaiian language; 25
479 'S 1177 EAH ''(4) charter schools; and 1''(5) consortia of the organizations, agencies, and 2institutions described in paragraphs (1) through (4). 3''(b) PRIORITY.'--In awarding grants and entering 4into contracts under this part, the Secretary shall give pri- 5ority to'-- 6''(1) programs that meet the educational priority 7recommendations of the Education Council, as de- 8scribed under section 5303(d)(6)(D); 9''(2) the repair and renovation of public schools 10that serve high concentrations of Native Hawaiian 11students; 12''(3) programs designed to improve the academic 13achievement of Native Hawaiian students by meeting 14their unique cultural and language needs in order to 15help such students meet challenging State student 16academic achievement standards, including activities 17relating to'-- 18''(A) achieving competence in reading, lit- 19eracy, mathematics, and science for students in 20preschool through grade 3; 21''(B) the educational needs of at-risk chil- 22dren and youth; 23''(C) professional development for teachers 24and administrators; 25
480 'S 1177 EAH ''(D) the use of Native Hawaiian language 1and preservation or reclamation of Native Ha- 2waiian culture-based educational practices; and 3''(E) other programs relating to the activi- 4ties described in this part; and 5''(4) programs in which a local educational 6agency, institution of higher education, or a State 7educational agency in partnership with a nonprofit 8entity serving underserved communities within the 9Native Hawaiian population apply for a grant or 10contract under this part as part of a partnership or 11consortium. 12''(c) AUTHORIZEDACTIVITIES.'--Activities provided 13through programs carried out under this part may in- 14clude'-- 15''(1) the development and maintenance of a 16statewide Native Hawaiian early education and care 17system to provide a continuum of high-quality early 18learning services for Native Hawaiian children from 19the prenatal period through the age of kindergarten 20entry; 21''(2) the operation of family-based education cen- 22ters that provide such services as'-- 23''(A) early care and education programs for 24Native Hawaiians; and 25
481 'S 1177 EAH ''(B) research on, and development and as- 1sessment of, family-based, early childhood, and 2preschool programs for Native Hawaiians; 3''(3) activities that enhance beginning reading 4and literacy in either the Hawaiian or the English 5language among Native Hawaiian students in kinder- 6garten through grade 3 and assistance in addressing 7the distinct features of combined English and Hawai- 8ian literacy for Hawaiian speakers in grades 5 and 96; 10''(4) activities to meet the special needs of Native 11Hawaiian students with disabilities, including'-- 12''(A) the identification of such students and 13their needs; 14''(B) the provision of support services to the 15families of such students; and 16''(C) other activities consistent with the re- 17quirements of the Individuals with Disabilities 18Education Act; 19''(5) activities that address the special needs of 20Native Hawaiian students who are gifted and tal- 21ented, including'-- 22''(A) educational, psychological, and devel- 23opmental activities designed to assist in the edu- 24cational progress of such students; and 25
482 'S 1177 EAH ''(B) activities that involve the parents of 1such students in a manner designed to assist in 2the educational progress of such students; 3''(6) the development of academic and vocational 4curricula to address the needs of Native Hawaiian 5students, including curricula materials in the Hawai- 6ian language and mathematics and science curricula 7that incorporate Native Hawaiian tradition and cul- 8ture; 9''(7) professional development activities for edu- 10cators, including'-- 11''(A) the development of programs to pre- 12pare prospective teachers to address the unique 13needs of Native Hawaiian students within the 14context of Native Hawaiian culture, language, 15and traditions; 16''(B) in-service programs to improve the 17ability of teachers who teach in schools with high 18concentrations of Native Hawaiian students to 19meet the unique needs of such students; and 20''(C) the recruitment and preparation of 21Native Hawaiians, and other individuals who 22live in communities with a high concentration of 23Native Hawaiians, to become teachers; 24
483 'S 1177 EAH ''(8) the operation of community-based learning 1centers that address the needs of Native Hawaiian 2students, parents, families, and communities through 3the coordination of public and private programs and 4services, including'-- 5''(A) early education programs; 6''(B) before, after, and Summer school pro- 7grams, expanded learning time, or weekend 8academies; 9''(C) career and technical education pro- 10grams; and 11''(D) programs that recognize and support 12the unique cultural and educational needs of Na- 13tive Hawaiian children, and incorporate appro- 14priately qualified Native Hawaiian elders and 15seniors; 16''(9) activities, including program co-location, 17that ensure Native Hawaiian students graduate col- 18lege and career ready including'-- 19''(A) family literacy services; 20''(B) counseling, guidance, and support 21services for students; and 22''(C) professional development activities de- 23signed to help educators improve the college and 24career readiness of Native Hawaiian students; 25
484 'S 1177 EAH ''(10) research and data collection activities to 1determine the educational status and needs of Native 2Hawaiian children and adults; 3''(11) other research and evaluation activities re- 4lated to programs carried out under this part; and 5''(12) other activities, consistent with the pur- 6poses of this part, to meet the educational needs of 7Native Hawaiian children and adults. 8''(d) ADDITIONALACTIVITIES.'--Notwithstanding any 9other provision of this part, funds made available to carry 10out this section as of the day before the date of the enact- 11ment of the Student Success Act shall remain available 12until expended. The Secretary shall use such funds to sup- 13port the following: 14''(1) The repair and renovation of public schools 15that serve high concentrations of Native Hawaiian 16students. 17''(2) The perpetuation of, and expansion of ac- 18cess to, Hawaiian culture and history through digital 19archives. 20''(3) Informal education programs that connect 21traditional Hawaiian knowledge, science, astronomy, 22and the environment through State museums or 23learning centers. 24
485 'S 1177 EAH ''(4) Public charter schools serving high con- 1centrations of Native Hawaiian students. 2''(e) ADMINISTRATIVECOSTS.'-- 3''(1) IN GENERAL.'--Except as provided in para- 4graph (2), not more than 5 percent of funds provided 5to a recipient of a grant or contract under this sec- 6tion for any fiscal year may be used for administra- 7tive purposes. 8''(2) EXCEPTION.'--The Secretary may waive the 9requirement of paragraph (1) for a nonprofit entity 10that receives funding under this section and allow not 11more than 10 percent of funds provided to such non- 12profit entity under this section for any fiscal year to 13be used for administrative purposes. 14''SEC. 5305. ADMINISTRATIVE PROVISIONS. 15''(a) APPLICATIONREQUIRED.'--No grant may be 16made under this part, and no contract may be entered into 17under this part, unless the entity seeking the grant or con- 18tract submits an application to the Secretary at such time, 19in such manner, and containing such information as the 20Secretary may determine to be necessary to carry out the 21provisions of this part. 22''(b) DIRECTGRANTAPPLICATIONS.'--The Secretary 23shall provide a copy of all direct grant applications to the 24Education Council. 25
486 'S 1177 EAH ''(c) SUPPLEMENTNOTSUPPLANT.'-- 1''(1) IN GENERAL.'--Except as provided in para- 2graph (2), funds made available under this part shall 3be used to supplement, and not supplant, any State 4or local funds used to achieve the purposes of this 5part. 6''(2) EXCEPTION.'--Paragraph (1) shall not 7apply to any nonprofit entity or Native Hawaiian 8community-based organization that receives a grant 9or other funds under this part. 10''(d) AUTHORIZATION OFAPPROPRIATIONS.'-- 11''(1) IN GENERAL.'--There are authorized to be 12appropriated to carry out this part $34,181,000 for 13each of fiscal years 2016 through 2019. 14''(2) RESERVATION.'--Of the funds appropriated 15under this subsection, the Secretary shall reserve, for 16each fiscal year after the date of the enactment of the 17Student Success Act not less than $500,000 for the 18grant to the Education Council under section 5303. 19''(3) AVAILABILITY.'--Funds appropriated under 20this subsection shall remain available until ex- 21pended.''. 22
487 'S 1177 EAH TITLE VI'--GENERAL PROVISIONS 1FOR THE ACT 2SEC. 601. GENERAL PROVISIONS FOR THE ACT. 3(a) AMENDINGTITLEVI.'--Title VI (20 U.S.C. 7301 4et seq.) is amended to read as follows: 5''TITLE VI'--GENERAL 6PROVISIONS 7''PART A'--DEFINITIONS 8''SEC. 6101. DEFINITIONS. 9''Except as otherwise provided, in this Act: 10''(1) AVERAGE DAILY ATTENDANCE.'-- 11''(A) IN GENERAL.'--Except as provided oth- 12erwise by State law or this paragraph, the term 13'average daily attendance' means'-- 14''(i) the aggregate number of days of 15attendance of all students during a school 16year; divided by 17''(ii) the number of days school is in 18session during that year. 19''(B) CONVERSION.'--The Secretary shall 20permit the conversion of average daily member- 21ship (or other similar data) to average daily at- 22tendance for local educational agencies in States 23that provide State aid to local educational agen- 24
488 'S 1177 EAH cies on the basis of average daily membership (or 1other similar data). 2''(C) SPECIAL RULE.'--If the local edu- 3cational agency in which a child resides makes 4a tuition or other payment for the free public 5education of the child in a school located in an- 6other school district, the Secretary shall, for the 7purpose of this Act'-- 8''(i) consider the child to be in attend- 9ance at a school of the agency making the 10payment; and 11''(ii) not consider the child to be in at- 12tendance at a school of the agency receiving 13the payment. 14''(D) CHILDREN WITH DISABILITIES.'--If a 15local educational agency makes a tuition pay- 16ment to a private school or to a public school of 17another local educational agency for a child with 18a disability, as defined in section 602 of the In- 19dividuals with Disabilities Education Act, the 20Secretary shall, for the purpose of this Act, con- 21sider the child to be in attendance at a school of 22the agency making the payment. 23
489 'S 1177 EAH ''(2) AVERAGE PER-PUPIL EXPENDITURE.'--The 1term 'average per-pupil expenditure' means, in the 2case of a State or of the United States'-- 3''(A) without regard to the source of 4funds'-- 5''(i) the aggregate current expenditures, 6during the third fiscal year preceding the 7fiscal year for which the determination is 8made (or, if satisfactory data for that year 9are not available, during the most recent 10preceding fiscal year for which satisfactory 11data are available) of all local educational 12agencies in the State or, in the case of the 13United States, for all States (which, for the 14purpose of this paragraph, means the 50 15States and the District of Columbia); plus 16''(ii) any direct current expenditures 17by the State for the operation of those agen- 18cies; divided by 19''(B) the aggregate number of children in 20average daily attendance to whom those agencies 21provided free public education during that pre- 22ceding year. 23''(3) CHARTER SCHOOL.'--The term 'charter 24school' means a public school that'-- 25
490 'S 1177 EAH ''(A) in accordance with a specific State 1statute authorizing the granting of charters to 2schools, is exempt from significant State or local 3rules that inhibit the flexible operation and man- 4agement of public schools, but not from any rules 5relating to the other requirements of this para- 6graph; 7''(B) is created by a developer as a public 8school, or is adapted by a developer from an ex- 9isting public school, and is operated under pub- 10lic supervision and direction; 11''(C) operates in pursuit of a specific set of 12educational objectives determined by the school's 13developer and agreed to by the authorized public 14chartering agency; 15''(D) provides a program of elementary or 16secondary education, or both; 17''(E) is nonsectarian in its programs, ad- 18missions policies, employment practices, and all 19other operations, and is not affiliated with a sec- 20tarian school or religious institution; 21''(F) does not charge tuition; 22''(G) complies with the Age Discrimination 23Act of 1975, title VI of the Civil Rights Act of 241964, title IX of the Education Amendments of 25
491 'S 1177 EAH 1972, section 504 of the Rehabilitation Act of 11973, part B of the Individuals with Disabilities 2Education Act, the Americans with Disabilities 3Act of 1990 (42 U.S.C. 12101 et seq.), and sec- 4tion 444 of the General Education Provisions 5Act (20 U.S.C. 1232(g)) (commonly known as 6the 'Family Education Rights and Privacy Act 7of 1974'); 8''(H) is a school to which parents choose to 9send their children, and admits students on the 10basis of a lottery if more students apply for ad- 11mission than can be accommodated, except that 12in cases in which students who are enrolled in 13a charter school affiliated (such as by sharing a 14network) with another charter school, those stu- 15dents may be automatically enrolled in the next 16grade level at such other charter school, so long 17as a lottery is used to fill seats created through 18regular attrition in student enrollment; 19''(I) agrees to comply with the same Federal 20and State audit requirements as do other elemen- 21tary schools and secondary schools in the State, 22unless such State audit requirements are waived 23by the State; 24
492 'S 1177 EAH ''(J) meets all applicable Federal, State, 1and local health and safety requirements; 2''(K) operates in accordance with State law; 3''(L) has a written performance contract 4with the authorized public chartering agency in 5the State that includes a description of how stu- 6dent performance will be measured in charter 7schools pursuant to State assessments that are 8required of other schools and pursuant to any 9other assessments mutually agreeable to the au- 10thorized public chartering agency and the char- 11ter school; and 12''(M) may serve prekindergarten or postsec- 13ondary students. 14''(4) CHILD.'--The term 'child' means any person 15within the age limits for which the State provides free 16public education. 17''(5) CHILD WITH A DISABILITY.'--The term 18'child with a disability' has the same meaning given 19that term in section 602 of the Individuals with Dis- 20abilities Education Act. 21''(6) COMMUNITY-BASED ORGANIZATION.'--The 22term 'community-based organization' means a public 23or private nonprofit organization of demonstrated ef- 24fectiveness that'-- 25
493 'S 1177 EAH ''(A) is representative of a community or 1significant segments of a community; and 2''(B) provides educational or related services 3to individuals in the community. 4''(7) CONSOLIDATED LOCAL APPLICATION.'--The 5term 'consolidated local application' means an appli- 6cation submitted by a local educational agency pursu- 7ant to section 6305. 8''(8) CONSOLIDATED LOCAL PLAN.'--The term 9'consolidated local plan' means a plan submitted by 10a local educational agency pursuant to section 6305. 11''(9) CONSOLIDATED STATE APPLICATION.'--The 12term 'consolidated State application' means an appli- 13cation submitted by a State educational agency pur- 14suant to section 6302. 15''(10) CONSOLIDATED STATE PLAN.'--The term 16'consolidated State plan' means a plan submitted by 17a State educational agency pursuant to section 6302. 18''(11) COUNTY.'--The term 'county' means one of 19the divisions of a State used by the Secretary of Com- 20merce in compiling and reporting data regarding 21counties. 22''(12) COVERED PROGRAM.'--The term 'covered 23program' means each of the programs authorized 24by'-- 25
494 'S 1177 EAH ''(A) part A of title I; 1''(B) title II; and 2''(C) part B of title III. 3''(13) CURRENT EXPENDITURES.'--The term 'cur- 4rent expenditures' means expenditures for free public 5education'-- 6''(A) including expenditures for administra- 7tion, instruction, attendance and health services, 8pupil transportation services, operation and 9maintenance of plant, fixed charges, and net ex- 10penditures to cover deficits for food services and 11student body activities; but 12''(B) not including expenditures for commu- 13nity services, capital outlay, and debt service, or 14any expenditures made from funds received 15under title I. 16''(14) DEPARTMENT.'--The term 'Department' 17means the Department of Education. 18''(15) DIRECT STUDENT SERVICES.'--The term 19'direct student services' means public school choice or 20high-quality academic tutoring that are designed to 21help increase academic achievement for students. 22''(16) DISTANCE EDUCATION.'--The term 'dis- 23tance education' means the use of one or more tech- 24nologies to deliver instruction to students who are 25
495 'S 1177 EAH separated from the instructor and to support regular 1and substantive interaction between the students and 2the instructor synchronously or nonsynchronously. 3''(17) EDUCATIONAL SERVICE AGENCY.'--The 4term 'educational service agency' means a regional 5public multiservice agency authorized by State statute 6to develop, manage, and provide services or programs 7to local educational agencies. 8''(18) ELEMENTARY SCHOOL.'--The term 'elemen- 9tary school' means a nonprofit institutional day or 10residential school, including a public elementary 11charter school, that provides elementary education, as 12determined under State law. 13''(19) ENGLISH LEARNER.'--The term 'English 14learner', when used with respect to an individual, 15means an individual'-- 16''(A) who is aged 3 through 21; 17''(B) who is enrolled or preparing to enroll 18in an elementary school or secondary school; 19''(C)(i) who was not born in the United 20States or whose native language is a language 21other than English; 22''(ii)(I) who is a Native American or Alaska 23Native, or a native resident of the outlying 24areas; and 25
496 'S 1177 EAH ''(II) who comes from an environment 1where a language other than English has had a 2significant impact on the individual's level of 3English language proficiency; or 4''(iii) who is migratory, whose native lan- 5guage is a language other than English, and who 6comes from an environment where a language 7other than English is dominant; and 8''(D) whose difficulties in speaking, reading, 9writing, or understanding the English language 10may be sufficient to deny the individual'-- 11''(i) the ability to meet the State's aca- 12demic standards described in section 1111; 13''(ii) the ability to successfully achieve 14in classrooms where the language of instruc- 15tion is English; or 16''(iii) the opportunity to participate 17fully in society. 18''(20) EXTENDED-YEAR ADJUSTED COHORT 19GRADUATION RATE.'-- 20''(A) IN GENERAL.'--The term 'extended- 21year adjusted cohort graduation rate' means the 22ratio where'-- 23''(i) the denominator consists of the 24number of students who form the original 25
497 'S 1177 EAH cohort of entering first-time 9th grade stu- 1dents enrolled in the high school no later 2than the effective date for student member- 3ship data submitted annually by State edu- 4cational agencies to the National Center for 5Education Statistics under section 153 of 6the Education Sciences Reform Act, ad- 7justed by'-- 8''(I) adding the students who 9joined that cohort, after the time of the 10determination of the original cohort; 11and 12''(II) subtracting only those stu- 13dents who left that cohort, after the 14time of the determination of the origi- 15nal cohort, as described in subpara- 16graph (B); and 17''(ii) the numerator consists of the 18number of students in the cohort, as ad- 19justed under clause (i), who earned a reg- 20ular high school diploma before, during, or 21at the conclusion of'-- 22''(I) one or more additional years 23beyond the fourth year of high school; 24or 25
498 'S 1177 EAH ''(II) a summer session imme- 1diately following the additional year of 2high school. 3''(B) COHORT REMOVAL.'--To remove a stu- 4dent from a cohort, a school or local educational 5agency shall require documentation to confirm 6that the student has transferred out, emigrated to 7another country, transferred to a prison or juve- 8nile facility, or is deceased. 9''(C) TRANSFERRED OUT.'-- 10''(i) IN GENERAL.'--For purposes of 11this paragraph, the term 'transferred out' 12means a student who the high school or 13local educational agency has confirmed, ac- 14cording to clause (ii), has transferred'-- 15''(I) to another school from which 16the student is expected to receive a reg- 17ular high school diploma; or 18''(II) to another educational pro- 19gram from which the student is ex- 20pected to receive a regular high school 21diploma. 22''(ii) CONFIRMATION REQUIRE- 23MENTS.'-- 24
499 'S 1177 EAH ''(I) DOCUMENTATION RE- 1QUIRED.'--The confirmation of a stu- 2dent's transfer to another school or 3educational program described in 4clause (i) requires documentation from 5the receiving school or program that 6the student enrolled in the receiving 7school or program. 8''(II) LACK OF CONFIRMATION.'--A 9student who was enrolled, but for 10whom there is no confirmation of the 11student having transferred out, shall 12remain in the denominator of the ex- 13tended-year adjusted cohort. 14''(iii) PROGRAMS NOT PROVIDING 15CREDIT.'--A student who is retained in 16grade or who is enrolled in a GED or other 17alternative educational program that does 18not issue or provide credit toward the 19issuance of a regular high school diploma 20shall not be considered transferred out and 21shall remain in the extended-year adjusted 22cohort. 23''(D) SPECIAL RULE.'--For those high 24schools that start after grade 9, the original co- 25
500 'S 1177 EAH hort shall be calculated for the earliest high 1school grade students attend no later than the ef- 2fective date for student membership data sub- 3mitted annually by State educational agencies to 4the National Center for Education Statistics 5pursuant to section 153 of the Education 6Sciences Reform Act. 7''(21) FAMILY LITERACY SERVICES.'--The term 8'family literacy services' means services provided to 9participants on a voluntary basis that are of suffi- 10cient intensity in terms of hours, and of sufficient du- 11ration, to make sustainable changes in a family, and 12that integrate all of the following activities: 13''(A) Interactive literacy activities between 14parents and their children. 15''(B) Training for parents regarding how to 16be the primary teacher for their children and full 17partners in the education of their children. 18''(C) Parent literacy training that leads to 19economic self-sufficiency. 20''(D) An age-appropriate education to pre- 21pare children for success in school and life expe- 22riences. 23''(22) FOUR-YEAR ADJUSTED COHORT GRADUA- 24TION RATE.'-- 25
501 'S 1177 EAH ''(A) IN GENERAL.'--The term 'four-year ad- 1justed cohort graduation rate' means the ratio 2where'-- 3''(i) the denominator consists of the 4number of students who form the original 5cohort of entering first-time 9th grade stu- 6dents enrolled in the high school no later 7than the effective date for student member- 8ship data submitted annually by State edu- 9cational agencies to the National Center for 10Education Statistics pursuant to section 11153 of the Education Sciences Reform Act, 12adjusted by'-- 13''(I) adding the students who 14joined that cohort, after the time of the 15determination of the original cohort; 16and 17''(II) subtracting only those stu- 18dents who left that cohort, after the 19time of the determination of the origi- 20nal cohort, as described in subpara- 21graph (B); and 22''(ii) the numerator consists of the 23number of students in the cohort, as ad- 24justed under clause (i), who earned a reg- 25
502 'S 1177 EAH ular high school diploma before, during, or 1at the conclusion of'-- 2''(I) the fourth year of high school; 3or 4''(II) a summer session imme- 5diately following the fourth year of 6high school. 7''(B) COHORT REMOVAL.'--To remove a stu- 8dent from a cohort, a school or local educational 9agency shall require documentation to confirm 10that the student has transferred out, emigrated to 11another country, transferred to a prison or juve- 12nile facility, or is deceased. 13''(C) TRANSFERRED OUT.'-- 14''(i) IN GENERAL.'--For purposes of 15this paragraph, the term 'transferred out' 16means a student who the high school or 17local educational agency has confirmed, ac- 18cording to clause (ii), has transferred'-- 19''(I) to another school from which 20the student is expected to receive a reg- 21ular high school diploma; or 22''(II) to another educational pro- 23gram from which the student is ex- 24
503 'S 1177 EAH pected to receive a regular high school 1diploma. 2''(ii) CONFIRMATION REQUIRE- 3MENTS.'-- 4''(I) DOCUMENTATION RE- 5QUIRED.'--The confirmation of a stu- 6dent's transfer to another school or 7educational program described in 8clause (i) requires documentation from 9the receiving school or program that 10the student enrolled in the receiving 11school or program. 12''(II) LACK OF CONFIRMATION.'--A 13student who was enrolled, but for 14whom there is no confirmation of the 15student having transferred out, shall 16remain in the adjusted cohort. 17''(iii) PROGRAMS NOT PROVIDING 18CREDIT.'--A student who is retained in 19grade or who is enrolled in a GED or other 20alternative educational program that does 21not issue or provide credit toward the 22issuance of a regular high school diploma 23shall not be considered transferred out and 24shall remain in the adjusted cohort. 25
504 'S 1177 EAH ''(D) SPECIAL RULE.'--For those high 1schools that start after grade 9, the original co- 2hort shall be calculated for the earliest high 3school grade students attend no later than the ef- 4fective date for student membership data sub- 5mitted annually by State educational agencies to 6the National Center for Education Statistics 7pursuant to section 153 of the Education 8Sciences Reform Act. 9''(23) FREE PUBLIC EDUCATION.'--The term 'free 10public education' means education that is provided'-- 11''(A) at public expense, under public super- 12vision and direction, and without tuition charge; 13and 14''(B) as elementary school or secondary 15school education as determined under applicable 16State law, except that the term does not include 17any education provided beyond grade 12. 18''(24) GIFTED AND TALENTED.'--The term 'gifted 19and talented', when used with respect to students, 20children, or youth, means students, children, or youth 21who give evidence of high achievement capability in 22areas such as intellectual, creative, artistic, or leader- 23ship capacity, or in specific academic fields, and who 24
505 'S 1177 EAH need services or activities not ordinarily provided by 1the school in order to fully develop those capabilities. 2''(25) HIGH-QUALITY ACADEMIC TUTORING.'--The 3term 'high-quality academic tutoring' means supple- 4mental academic services that'-- 5''(A) are in addition to instruction provided 6during the school day; 7''(B) are provided by a non-governmental 8entity or local educational agency that'-- 9''(i) is included on a State educational 10agency approved provider list after dem- 11onstrating to the State educational agency 12that its program consistently improves the 13academic achievement of students; and 14''(ii) agrees to provide parents of chil- 15dren receiving high-quality academic tutor- 16ing, the appropriate local educational agen- 17cy, and school with information on partici- 18pating students increases in academic 19achievement, in a format, and to the extent 20practicable, a language that such parent 21can understand, and in a manner that pro- 22tects the privacy of individuals consistent 23with section 444 of the General Education 24Provisions Act (20 U.S.C. 1232g); 25
506 'S 1177 EAH ''(C) are selected by the parents of students 1who are identified by the local educational agen- 2cy as being eligible for such services from among 3providers on the approved provider list described 4in subparagraph (B)(i); 5''(D) meet all applicable Federal, State, and 6local health, safety, and civil rights laws; and 7''(E) ensure that all instruction and content 8are secular, neutral, and non-ideological. 9''(26) HIGH SCHOOL.'--The term 'high school' 10means a secondary school that'-- 11''(A) grants a diploma, as defined by the 12State; and 13''(B) includes, at least, grade 12. 14''(27) INSTITUTION OF HIGHER EDUCATION.'-- 15The term 'institution of higher education' has the 16meaning given that term in section 101(a) of the 17Higher Education Act of 1965. 18''(28) LOCAL EDUCATIONAL AGENCY.'-- 19''(A) IN GENERAL.'--The term 'local edu- 20cational agency' means a public board of edu- 21cation or other public authority legally con- 22stituted within a State for either administrative 23control or direction of, or to perform a service 24function for, public elementary schools or sec- 25
507 'S 1177 EAH ondary schools in a city, county, township, 1school district, or other political subdivision of a 2State, or of or for a combination of school dis- 3tricts or counties that is recognized in a State as 4an administrative agency for its public elemen- 5tary schools or secondary schools. 6''(B) ADMINISTRATIVE CONTROL AND DI- 7RECTION.'--The term includes any other public 8institution or agency having administrative con- 9trol and direction of a public elementary school 10or secondary school. 11''(C) BIE SCHOOLS.'--The term includes an 12elementary school or secondary school funded by 13the Bureau of Indian Education but only to the 14extent that including the school makes the school 15eligible for programs for which specific eligibility 16is not provided to the school in another provision 17of law and the school does not have a student 18population that is smaller than the student pop- 19ulation of the local educational agency receiving 20assistance under this Act with the smallest stu- 21dent population, except that the school shall not 22be subject to the jurisdiction of any State edu- 23cational agency other than the Bureau of Indian 24Education. 25
508 'S 1177 EAH ''(D) EDUCATIONAL SERVICE AGENCIES.'-- 1The term includes educational service agencies 2and consortia of those agencies. 3''(E) STATE EDUCATIONAL AGENCY.'--The 4term includes the State educational agency in a 5State in which the State educational agency is 6the sole educational agency for all public schools. 7''(29) NATIVE AMERICAN AND NATIVE AMERICAN 8LANGUAGE.'--The terms 'Native American' and 'Na- 9tive American language' have the same meaning given 10those terms in section 103 of the Native American 11Languages Act of 1990. 12''(30) OTHER STAFF.'--The term 'other staff' 13means specialized instructional support personnel, li- 14brarians, career guidance and counseling personnel, 15education aides, and other instructional and adminis- 16trative personnel. 17''(31) OUTLYING AREA.'--The term 'outlying 18area''-- 19''(A) means American Samoa, the Common- 20wealth of the Northern Mariana Islands, Guam, 21and the United States Virgin Islands; 22''(B) means the Republic of Palau, to the 23extent permitted under section 105(f)(1)(B)(ix) 24of the Compact of Free Association Amendments 25
509 'S 1177 EAH Act of 2003 (Public Law 99''658; 117 Stat. 12751) and until an agreement for the extension 2of United States education assistance under the 3Compact of Free Association becomes effective for 4the Republic of Palau; and 5''(C) for the purpose of any discretionary 6grant program under this Act, includes the Re- 7public of the Marshall Islands and the Federated 8States of Micronesia, to the extent permitted 9under section 105(f)(1)(B)(viii) of the Compact 10of Free Association Amendments Act of 2003 11(Public Law 108''188; 117 Stat. 2751). 12''(32) PARENT.'--The term 'parent' includes a 13legal guardian or other person standing in loco 14parentis (such as a grandparent, stepparent, or foster 15parent with whom the child lives, or a person who is 16legally responsible for the child's welfare). 17''(33) PARENTAL INVOLVEMENT.'--The term 'pa- 18rental involvement' means the participation of par- 19ents in regular, two-way, and meaningful commu- 20nication involving student academic learning and 21other school activities, including ensuring'-- 22''(A) that parents play an integral role in 23assisting in their child's learning; 24
510 'S 1177 EAH ''(B) that parents are encouraged to be ac- 1tively involved in their child's education at 2school; 3''(C) that parents are full partners in their 4child's education and are included, as appro- 5priate, in decisionmaking and on advisory com- 6mittees to assist in the education of their child; 7and 8''(D) the carrying out of other activities, 9such as those described in section 1118. 10''(34) PAY FOR SUCCESS INITIATIVES.'--The term 11'pay for success initiatives' means initiatives'-- 12''(A) that produce a measurable, clearly de- 13fined outcome that results in social benefit and 14direct cost savings to the local, State, or Federal 15Government; 16''(B) except as provided in subparagraph 17(D)(i), that make payments only when agreed- 18upon outcomes are achieved; 19''(C) for which a feasibility study is con- 20ducted on the initiative describing how the pro- 21posed intervention is based on strong or mod- 22erate evidence of effectiveness and how the initia- 23tive will meet the requirements of subparagraph 24(A); and 25
511 'S 1177 EAH ''(D) for which'-- 1''(i) an evaluation, which may be paid 2for out of funding for the pay for success 3initiative without respect to a successful 4outcome, is included that uses experimental 5designs using random assignment or other 6research methodologies that allow for the 7strongest possible causal inferences when 8random assignment is not feasible by an 9independent evaluator to determine whether 10the initiative has met the outcomes de- 11scribed in subparagraph (A); and 12''(ii) the State or local educational 13agency produces an annual, publicly avail- 14able report on the progress of the initiative 15in meeting the requirements of subpara- 16graph (A), as appropriate. 17''(35) POVERTY LINE.'--The term 'poverty line' 18means the poverty line (as defined by the Office of 19Management and Budget and revised annually in ac- 20cordance with section 673(2) of the Community Serv- 21ices Block Grant Act) applicable to a family of the 22size involved. 23''(36) PROFESSIONAL DEVELOPMENT.'--The term 24'professional development''-- 25
512 'S 1177 EAH ''(A) includes evidence-based, job-embedded, 1continuous activities that'-- 2''(i) improve and increase teachers' 3knowledge of the academic subjects the 4teachers teach, and enable teachers to be- 5come effective educators; 6''(ii) are an integral part of broad 7schoolwide and districtwide educational im- 8provement plans; 9''(iii) give teachers, school leaders, 10other staff, and administrators the knowl- 11edge and skills to provide students with the 12opportunity to meet State academic stand- 13ards; 14''(iv) improve classroom management 15skills; 16''(v)(I) have a positive and lasting im- 17pact on classroom instruction and the 18teacher's performance in the classroom; and 19''(II) are not 1-day or short-term work- 20shops or conferences; 21''(vi) support the recruiting, hiring, 22and training of effective teachers, including 23teachers who became certified or licensed 24
513 'S 1177 EAH through State and local alternative routes to 1certification; 2''(vii) advance teacher understanding 3of effective instructional strategies that are 4strategies for improving student academic 5achievement or substantially increasing the 6knowledge and teaching skills of teachers, 7including through addressing the social and 8emotional development needs of students; 9''(viii) are aligned with and directly 10related to'-- 11''(I) State academic standards 12and assessments; and 13''(II) the curricula and programs 14tied to the standards described in sub- 15clause (I); 16''(ix) are developed with extensive par- 17ticipation of teachers, school leaders, par- 18ents, and administrators of schools to be 19served under this Act; 20''(x) are designed to give teachers of 21English learners and other teachers and in- 22structional staff, the knowledge and skills to 23provide instruction and appropriate lan- 24guage and academic support services to 25
514 'S 1177 EAH those children, including the appropriate 1use of curricula and assessments; 2''(xi) to the extent appropriate, provide 3training for teachers, other staff, and school 4leaders in the use of technology (including 5education about the harms of copyright pi- 6racy), so that technology and technology ap- 7plications are effectively used to improve 8teaching and learning in the curricula and 9core academic subjects in which the students 10receive instruction; 11''(xii) as a whole, are regularly evalu- 12ated for their impact on increased teacher 13effectiveness and improved student academic 14achievement, with the findings of the eval- 15uations used to improve the quality of the 16professional development; 17''(xiii) provide instruction in methods 18of teaching children with special needs; 19''(xiv) include instruction in the use of 20data and assessments to inform and in- 21struct classroom practice; and 22''(xv) include instruction in ways that 23teachers, school leaders, specialized instruc- 24tional support personnel, other staff, and 25
515 'S 1177 EAH school administrators may work more effec- 1tively with parents; and 2''(B) may include evidence-based, job-em- 3bedded, continuous activities that'-- 4''(i) involve the forming of partner- 5ships with institutions of higher education 6to establish school-based teacher training 7programs that provide prospective teachers 8and new teachers with an opportunity to 9work under the guidance of experienced 10teachers and college faculty; 11''(ii) create programs to enable para- 12professionals (assisting teachers employed 13by a local educational agency receiving as- 14sistance under subpart 1 of part A of title 15I) to obtain the education necessary for 16those paraprofessionals to become certified 17and licensed teachers; and 18''(iii) provide follow-up training to in- 19dividuals who have participated in activi- 20ties described in subparagraph (A) or an- 21other clause of this subparagraph that are 22designed to ensure that the knowledge and 23skills learned by the teachers are imple- 24mented in the classroom. 25
516 'S 1177 EAH ''(37) REGULAR HIGH SCHOOL DIPLOMA.'-- 1''(A) IN GENERAL.'--The term 'regular high 2school diploma' means the standard high school 3diploma awarded to the preponderance of stu- 4dents in the State that is fully aligned with 5State standards, or a higher diploma. Such term 6shall not include a GED or other recognized 7equivalent of a diploma, a certificate of attend- 8ance, or any lesser diploma award. 9''(B) EXCEPTION FOR STUDENTS WITH SIG- 10NIFICANT COGNITIVE DISABILITIES.'--For a stu- 11dent who is assessed using an alternate assess- 12ment aligned to alternate academic standards 13under section 1111(b)(1)(D), receipt of a regular 14high school diploma as defined under subpara- 15graph (A) or a State-defined alternate diploma 16obtained within the time period for which the 17State ensures the availability of a free appro- 18priate public education and in accordance with 19section 612(a)(1) of the Individuals with Dis- 20abilities Education Act shall be counted as grad- 21uating with a regular high school diploma for 22the purposes of this Act. 23
517 'S 1177 EAH ''(38) SCHOOL LEADER.'--The term 'school lead- 1er' means a principal, assistant principal, or other 2individual who is'-- 3''(A) an employee or officer of a school, local 4educational agency, or other entity operating the 5school; and 6''(B) responsible for'-- 7''(i) the daily instructional leadership 8and managerial operations in the school 9building; and 10''(ii) creating the optimum conditions 11for student learning. 12''(39) SECONDARY SCHOOL.'--The term 'sec- 13ondary school' means a nonprofit institutional day or 14residential school, including a public secondary char- 15ter school, that provides secondary education, as de- 16termined under State law, except that the term does 17not include any education beyond grade 12. 18''(40) SECRETARY.'--The term 'Secretary' means 19the Secretary of Education. 20''(41) SPECIALIZED INSTRUCTIONAL SUPPORT 21PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 22SERVICES.'-- 23''(A) SPECIALIZED INSTRUCTIONAL SUP- 24PORT PERSONNEL.'--The term 'specialized in- 25
518 'S 1177 EAH structional support personnel' means school 1counselors, school social workers, school psycholo- 2gists, and other qualified professional personnel 3involved in providing assessment, diagnosis, 4counseling, educational, therapeutic, and other 5necessary services (including related services as 6that term is defined in section 602 of the Indi- 7viduals with Disabilities Education Act) as part 8of a comprehensive program to meet student 9needs. 10''(B) SPECIALIZED INSTRUCTIONAL SUP- 11PORT SERVICES.'--The term 'specialized instruc- 12tional support services' means the services pro- 13vided by specialized instructional support per- 14sonnel. 15''(42) STATE.'--The term 'State' means each of 16the 50 States, the District of Columbia, the Common- 17wealth of Puerto Rico, and each of the outlying areas. 18''(43) STATE EDUCATIONAL AGENCY.'--The term 19'State educational agency' means the agency pri- 20marily responsible for the State supervision of public 21elementary schools and secondary schools. 22''(44) TECHNOLOGY.'--The term 'technology' 23means modern information, computer and commu- 24nication technology products, services, or tools, in- 25
519 'S 1177 EAH cluding, but not limited to, the Internet and other 1communications networks, computer devices and other 2computer and communications hardware, software 3applications, data systems, and other electronic con- 4tent and data storage. 5''SEC. 6102. APPLICABILITY OF TITLE. 6''Parts B, C, D, and E of this title do not apply to 7title IV of this Act. 8''SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDU-9CATION OPERATED SCHOOLS. 10''For the purpose of any competitive program under 11this Act'-- 12''(1) a consortium of schools operated by the Bu- 13reau of Indian Education; 14''(2) a school operated under a contract or grant 15with the Bureau of Indian Education in consortium 16with another contract or grant school or a tribal or 17community organization; or 18''(3) a Bureau of Indian Education school in 19consortium with an institution of higher education, a 20contract or grant school, or a tribal or community or- 21ganization, 22shall be given the same consideration as a local educational 23agency. 24
520 'S 1177 EAH ''PART B'--FLEXIBILITY IN THE USE OF 1ADMINISTRATIVE AND OTHER FUNDS 2''SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE 3FUNDS FOR ELEMENTARY AND SECONDARY 4EDUCATION PROGRAMS. 5''(a) CONSOLIDATION OFADMINISTRATIVEFUNDS.'-- 6''(1) IN GENERAL.'--A State educational agency 7may consolidate the amounts specifically made avail- 8able to it for State administration under one or more 9of the programs under paragraph (2). 10''(2) APPLICABILITY.'--This section applies to 11any program under this Act under which funds are 12authorized to be used for administration, and such 13other programs as the Secretary may designate. 14''(b) USE OFFUNDS.'-- 15''(1) IN GENERAL.'--A State educational agency 16shall use the amount available under this section for 17the administration of the programs included in the 18consolidation under subsection (a). 19''(2) ADDITIONAL USES.'--A State educational 20agency may also use funds available under this sec- 21tion for administrative activities designed to enhance 22the effective and coordinated use of funds under pro- 23grams included in the consolidation under subsection 24(a), such as'-- 25
521 'S 1177 EAH ''(A) the coordination of those programs 1with other Federal and non-Federal programs; 2''(B) the establishment and operation of 3peer-review mechanisms under this Act; 4''(C) the administration of this title; 5''(D) the dissemination of information re- 6garding model programs and practices; 7''(E) technical assistance under any pro- 8gram under this Act; 9''(F) State-level activities designed to carry 10out this title; 11''(G) training personnel engaged in audit 12and other monitoring activities; and 13''(H) implementation of the Cooperative 14Audit Resolution and Oversight Initiative of the 15Department. 16''(c) RECORDS.'--A State educational agency that con- 17solidates administrative funds under this section shall not 18be required to keep separate records, by individual program, 19to account for costs relating to the administration of pro- 20grams included in the consolidation under subsection (a). 21''(d) REVIEW.'--To determine the effectiveness of State 22administration under this section, the Secretary may peri- 23odically review the performance of State educational agen- 24cies in using consolidated administrative funds under this 25
522 'S 1177 EAH section and take such steps as the Secretary finds appro- 1priate to ensure the effectiveness of that administration. 2''(e) UNUSEDADMINISTRATIVEFUNDS.'--If a State 3educational agency does not use all of the funds available 4to the agency under this section for administration, the 5agency may use those funds during the applicable period 6of availability as funds available under one or more pro- 7grams included in the consolidation under subsection (a). 8''(f) CONSOLIDATION OFFUNDS FORSTANDARDS AND 9ASSESSMENTDEVELOPMENT.'--In order to develop State 10academic standards and assessments, a State educational 11agency may consolidate the amounts described in subsection 12(a) for those purposes under title I. 13''SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 14''A State educational agency that also serves as a local 15educational agency shall, in its applications or plans under 16this Act, describe how the agency will eliminate duplication 17in conducting administrative functions. 18''SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-19ISTRATION. 20''(a) GENERALAUTHORITY.'--In accordance with regu- 21lations of the Secretary and for any fiscal year, a local edu- 22cational agency, with the approval of its State educational 23agency, may consolidate and use for the administration of 24one or more programs under this Act (or such other pro- 25
523 'S 1177 EAH grams as the Secretary shall designate) not more than the 1percentage, established in each program, of the total avail- 2able for the local educational agency under those programs. 3''(b) STATEPROCEDURES.'--A State educational agen- 4cy shall, in collaboration with local educational agencies 5in the State, establish procedures for responding to requests 6from local educational agencies to consolidate administra- 7tive funds under subsection (a) and for establishing limita- 8tions on the amount of funds under those programs that 9may be used for administration on a consolidated basis. 10''(c) CONDITIONS.'--A local educational agency that 11consolidates administrative funds under this section for any 12fiscal year shall not use any other funds under the programs 13included in the consolidation for administration for that 14fiscal year. 15''(d) USES OFADMINISTRATIVEFUNDS.'--A local edu- 16cational agency that consolidates administrative funds 17under this section may use the consolidated funds for the 18administration of the programs and for uses, at the school 19district and school levels, comparable to those described in 20section 6201(b)(2). 21''(e) RECORDS.'--A local educational agency that con- 22solidates administrative funds under this section shall not 23be required to keep separate records, by individual program, 24
524 'S 1177 EAH to account for costs relating to the administration of the 1programs included in the consolidation. 2''SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 3OF THE INTERIOR FUNDS. 4''(a) GENERALAUTHORITY.'-- 5''(1) TRANSFER.'--The Secretary shall transfer to 6the Department of the Interior, as a consolidated 7amount for covered programs, the Indian education 8programs under part A of title V, and the education 9for homeless children and youth program under sub- 10title B of title VII of the McKinney-Vento Homeless 11Assistance Act, the amounts allotted to the Depart- 12ment of the Interior under those programs. 13''(2) AGREEMENT.'-- 14''(A) IN GENERAL.'--The Secretary and the 15Secretary of the Interior shall enter into an 16agreement, consistent with the requirements of 17the programs specified in paragraph (1), for the 18distribution and use of those program funds 19under terms that the Secretary determines best 20meet the purposes of those programs. 21''(B) CONTENTS.'--The agreement shall'-- 22''(i) set forth the plans of the Secretary 23of the Interior for the use of the amount 24
525 'S 1177 EAH transferred and the achievement measures to 1assess program effectiveness; and 2''(ii) be developed in consultation with 3Indian tribes. 4''(b) ADMINISTRATION.'--The Department of the Inte- 5rior may use not more than 1.5 percent of the funds consoli- 6dated under this section for its costs related to the adminis- 7tration of the funds transferred under this section. 8''PART C'--COORDINATION OF PROGRAMS; CON-9SOLIDATED STATE AND LOCAL PLANS AND 10APPLICATIONS 11''SEC. 6301. PURPOSES. 12''The purposes of this part are'-- 13''(1) to improve teaching and learning by en- 14couraging greater cross-program coordination, plan- 15ning, and service delivery; 16''(2) to provide greater flexibility to State and 17local authorities through consolidated plans, applica- 18tions, and reporting; and 19''(3) to enhance the integration of programs 20under this Act with State and local programs. 21''SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR AP-22PLICATIONS. 23''(a) GENERALAUTHORITY.'-- 24
526 'S 1177 EAH ''(1) SIMPLIFICATION.'--In order to simplify ap- 1plication requirements and reduce the burden for 2State educational agencies under this Act, the Sec- 3retary, in accordance with subsection (b), shall estab- 4lish procedures and criteria under which, after con- 5sultation with the Governor, a State educational 6agency may submit a consolidated State plan or a 7consolidated State application meeting the require- 8ments of this section for'-- 9''(A) each of the covered programs in which 10the State participates; and 11''(B) such other programs as the Secretary 12may designate. 13''(2) CONSOLIDATED APPLICATIONS AND 14PLANS.'--After consultation with the Governor, a 15State educational agency that submits a consolidated 16State plan or a consolidated State application under 17this section shall not be required to submit separate 18State plans or applications under any of the pro- 19grams to which the consolidated State plan or consoli- 20dated State application under this section applies. 21''(b) COLLABORATION.'-- 22''(1) IN GENERAL.'--In establishing criteria and 23procedures under this section, the Secretary shall col- 24laborate with State educational agencies and, as ap- 25
527 'S 1177 EAH propriate, with other State agencies, local educational 1agencies, public and private agencies, organizations, 2and institutions, private schools, and parents, stu- 3dents, and teachers. 4''(2) CONTENTS.'--Through the collaborative 5process described in paragraph (1), the Secretary 6shall establish, for each program under this Act to 7which this section applies, the descriptions, informa- 8tion, assurances, and other material required to be in- 9cluded in a consolidated State plan or consolidated 10State application. 11''(3) NECESSARY MATERIALS.'--The Secretary 12shall require only descriptions, information, assur- 13ances (including assurances of compliance with appli- 14cable provisions regarding participation by private 15school children and teachers), and other materials 16that are absolutely necessary for the consideration of 17the consolidated State plan or consolidated State ap- 18plication. 19''SEC. 6303. CONSOLIDATED REPORTING. 20''(a) INGENERAL.'--In order to simplify reporting re- 21quirements and reduce reporting burdens, the Secretary 22shall establish procedures and criteria under which a State 23educational agency, in consultation with the Governor of 24the State, may submit a consolidated State annual report. 25
528 'S 1177 EAH ''(b) CONTENTS.'--The report shall contain informa- 1tion about the programs included in the report, including 2the performance of the State under those programs, and 3other matters as the Secretary determines are necessary, 4such as monitoring activities. 5''(c) REPLACEMENT.'--The report shall replace sepa- 6rate individual annual reports for the programs included 7in the consolidated State annual report. 8''SEC. 6304. GENERAL APPLICABILITY OF STATE EDU-9CATIONAL AGENCY ASSURANCES. 10''(a) ASSURANCES.'--A State educational agency, in 11consultation with the Governor of the State, that submits 12a consolidated State plan or consolidated State application 13under this Act, whether separately or under section 6302, 14shall have on file with the Secretary a single set of assur- 15ances, applicable to each program for which the plan or 16application is submitted, that provides that'-- 17''(1) each such program will be administered in 18accordance with all applicable statutes, regulations, 19program plans, and applications; 20''(2)(A) the control of funds provided under each 21such program and title to property acquired with 22program funds will be in a public agency, an eligible 23private agency, institution, or organization, or an In- 24
529 'S 1177 EAH dian tribe, if the law authorizing the program pro- 1vides for assistance to those entities; and 2''(B) the public agency, eligible private agency, 3institution, or organization, or Indian tribe will ad- 4minister those funds and property to the extent re- 5quired by the authorizing law; 6''(3) the State will adopt and use proper methods 7of administering each such program, including'-- 8''(A) the enforcement of any obligations im- 9posed by law on agencies, institutions, organiza- 10tions, and other recipients responsible for car- 11rying out each program; 12''(B) the correction of deficiencies in pro- 13gram operations that are identified through au- 14dits, monitoring, or evaluation; and 15''(C) the adoption of written procedures for 16the receipt and resolution of complaints alleging 17violations of law in the administration of the 18programs; 19''(4) the State will cooperate in carrying out any 20evaluation of each such program conducted by or for 21the Secretary or other Federal officials; 22''(5) the State will use such fiscal control and 23fund accounting procedures that will ensure proper 24
530 'S 1177 EAH disbursement of, and accounting for, Federal funds 1paid to the State under each such program; 2''(6) the State will'-- 3''(A) make reports to the Secretary as may 4be necessary to enable the Secretary to perform 5the Secretary's duties under each such program; 6and 7''(B) maintain such records, provide such 8information to the Secretary, and afford such ac- 9cess to the records as the Secretary may find nec- 10essary to carry out the Secretary's duties; and 11''(7) before the plan or application was sub- 12mitted to the Secretary, the State afforded a reason- 13able opportunity for public comment on the plan or 14application and considered such comment. 15''(b) GEPA PROVISION.'--Section 441 of the General 16Education Provisions Act shall not apply to programs 17under this Act. 18''SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICA-19TIONS. 20''(a) GENERALAUTHORITY.'-- 21''(1) CONSOLIDATED PLAN.'--A local educational 22agency receiving funds under more than one covered 23program may submit plans or applications to the 24
531 'S 1177 EAH State educational agency under those programs on a 1consolidated basis. 2''(2) AVAILABILITY TO GOVERNOR.'--The State 3educational agency shall make any consolidated local 4plans and applications available to the Governor. 5''(b) REQUIREDCONSOLIDATEDPLANS ORAPPLICA- 6TIONS.'--A State educational agency that has an approved 7consolidated State plan or application under section 6302 8may require local educational agencies in the State receiv- 9ing funds under more than one program included in the 10consolidated State plan or consolidated State application 11to submit consolidated local plans or applications under 12those programs, but may not require those agencies to sub- 13mit separate plans. 14''(c) COLLABORATION.'--A State educational agency, in 15consultation with the Governor, shall collaborate with local 16educational agencies in the State in establishing procedures 17for the submission of the consolidated State plans or consoli- 18dated State applications under this section. 19''(d) NECESSARYMATERIALS.'--The State educational 20agency shall require only descriptions, information, assur- 21ances, and other material that are absolutely necessary for 22the consideration of the local educational agency plan or 23application. 24
532 'S 1177 EAH ''SEC. 6306. OTHER GENERAL ASSURANCES. 1''(a) ASSURANCES.'--Any applicant, other than a State 2educational agency that submits a plan or application 3under this Act, shall have on file with the State educational 4agency a single set of assurances, applicable to each pro- 5gram for which a plan or application is submitted, that 6provides that'-- 7''(1) each such program will be administered in 8accordance with all applicable statutes, regulations, 9program plans, and applications; 10''(2)(A) the control of funds provided under each 11such program and title to property acquired with 12program funds will be in a public agency or in an 13eligible private agency, institution, organization, or 14Indian tribe, if the law authorizing the program pro- 15vides for assistance to those entities; and 16''(B) the public agency, eligible private agency, 17institution, or organization, or Indian tribe will ad- 18minister the funds and property to the extent required 19by the authorizing statutes; 20''(3) the applicant will adopt and use proper 21methods of administering each such program, includ- 22ing'-- 23''(A) the enforcement of any obligations im- 24posed by law on agencies, institutions, organiza- 25
533 'S 1177 EAH tions, and other recipients responsible for car- 1rying out each program; and 2''(B) the correction of deficiencies in pro- 3gram operations that are identified through au- 4dits, monitoring, or evaluation; 5''(4) the applicant will cooperate in carrying out 6any evaluation of each such program conducted by or 7for the State educational agency, the Secretary, or 8other Federal officials; 9''(5) the applicant will use such fiscal control 10and fund accounting procedures as will ensure proper 11disbursement of, and accounting for, Federal funds 12paid to the applicant under each such program; 13''(6) the applicant will'-- 14''(A) submit such reports to the State edu- 15cational agency (which shall make the reports 16available to the Governor) and the Secretary as 17the State educational agency and Secretary may 18require to enable the State educational agency 19and the Secretary to perform their duties under 20each such program; and 21''(B) maintain such records, provide such 22information, and afford such access to the 23records as the State educational agency (after 24consultation with the Governor) or the Secretary 25
534 'S 1177 EAH may reasonably require to carry out the State 1educational agency's or the Secretary's duties; 2and 3''(7) before the application was submitted, the 4applicant afforded a reasonable opportunity for pub- 5lic comment on the application and considered such 6comment. 7''(b) GEPA PROVISION.'--Section 442 of the General 8Education Provisions Act shall not apply to programs 9under this Act. 10''PART D'--WAIVERS 11''SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY RE-12QUIREMENTS. 13''(a) INGENERAL.'-- 14''(1) REQUEST FOR WAIVER.'--A State edu- 15cational agency, local educational agency, or Indian 16tribe that receives funds under a program authorized 17under this Act may submit a request to the Secretary 18to waive any statutory or regulatory requirement of 19this Act. 20''(2) RECEIPT OF WAIVER.'--Except as provided 21in subsection (c) and subject to the limits in sub- 22section (b)(5)(A), the Secretary shall waive any statu- 23tory or regulatory requirement of this Act for a State 24educational agency, local educational agency, Indian 25
535 'S 1177 EAH tribe, or school (through a local educational agency), 1that submits a waiver request pursuant to this sub- 2section. 3''(b) PLAN.'-- 4''(1) IN GENERAL.'--A State educational agency, 5local educational agency, or Indian tribe that desires 6a waiver under this section shall submit a waiver re- 7quest to the Secretary, which shall include a plan 8that'-- 9''(A) identifies the Federal programs af- 10fected by the requested waiver; 11''(B) describes which Federal statutory or 12regulatory requirements are to be waived; 13''(C) reasonably demonstrates that the waiv- 14er will improve instruction for students and ad- 15vance student academic achievement; 16''(D) describes the methods the State edu- 17cational agency, local educational agency, or In- 18dian tribe will use to monitor the effectiveness of 19the implementation of the plan; and 20''(E) describes how schools will continue to 21provide assistance to the same populations served 22by programs for which the waiver is requested. 23''(2) ADDITIONAL INFORMATION.'--A waiver re- 24quest under this section'-- 25
536 'S 1177 EAH ''(A) may provide for waivers of require- 1ments applicable to State educational agencies, 2local educational agencies, Indian tribes, and 3schools; and 4''(B) shall be developed and submitted'-- 5''(i)(I) by local educational agencies 6(on behalf of those agencies and schools) to 7State educational agencies; and 8''(II) by State educational agencies (on 9their own behalf, or on behalf of, and based 10on the requests of, local educational agencies 11in the State) to the Secretary; or 12''(ii) by Indian tribes (on behalf of 13schools operated by the tribes) to the Sec- 14retary. 15''(3) GENERAL REQUIREMENTS.'-- 16''(A) STATE EDUCATIONAL AGENCIES.'--In 17the case of a waiver request submitted by a State 18educational agency acting on its own behalf, or 19on behalf of local educational agencies in the 20State, the State educational agency shall'-- 21''(i) provide the public and local edu- 22cational agencies in the State with notice 23and a reasonable opportunity to comment 24and provide input on the request; 25
537 'S 1177 EAH ''(ii) submit the comments and input 1to the Secretary, with a description of how 2the State addressed the comments and 3input; and 4''(iii) provide notice and a reasonable 5time to comment to the public and local 6educational agencies in the manner in 7which the applying agency customarily pro- 8vides similar notice and opportunity to 9comment to the public. 10''(B) LOCAL EDUCATIONAL AGENCIES.'--In 11the case of a waiver request submitted by a local 12educational agency that receives funds under this 13Act'-- 14''(i) the request shall be reviewed by the 15State educational agency and be accom- 16panied by the comments, if any, of the State 17educational agency and the public; and 18''(ii) notice and a reasonable oppor- 19tunity to comment regarding the waiver re- 20quest shall be provided to the State edu- 21cational agency and the public by the agen- 22cy requesting the waiver in the manner in 23which that agency customarily provides 24
538 'S 1177 EAH similar notice and opportunity to comment 1to the public. 2''(4) PEER REVIEW.'-- 3''(A) ESTABLISHMENT.'--The Secretary shall 4establish a multi-disciplinary peer review team, 5which shall meet the requirements of section 66543, to review waiver requests under this sec- 7tion. 8''(B) APPLICABILITY.'--The Secretary may 9approve a waiver request under this section 10without conducting a peer review of the request, 11but shall use the peer review process under this 12paragraph before disapproving such a request. 13''(C) STANDARD AND NATURE OF REVIEW.'-- 14Peer reviewers shall conduct a good faith review 15of waiver requests submitted to them under this 16section. Peer reviewers shall review such waiver 17requests'-- 18''(i) in their totality; 19''(ii) in deference to State and local 20judgment; and 21''(iii) with the goal of promoting State- 22and local-led innovation. 23''(5) WAIVER DETERMINATION, DEMONSTRATION, 24AND REVISION.'-- 25
539 'S 1177 EAH ''(A) IN GENERAL.'--The Secretary shall ap- 1prove a waiver request not more than 60 days 2after the date on which such request is submitted, 3unless the Secretary determines and dem- 4onstrates that'-- 5''(i) the waiver request does not meet 6the requirements of this section; 7''(ii) the waiver is not permitted under 8subsection (c); 9''(iii) the plan that is required under 10paragraph (1)(C), and reviewed with def- 11erence to State and local judgment, provides 12no reasonable evidence to determine that a 13waiver will enhance student academic 14achievement; or 15''(iv) the waiver request does not pro- 16vide for adequate evaluation to ensure re- 17view and continuous improvement of the 18plan. 19''(B) WAIVER DETERMINATION AND REVI- 20SION.'--If the Secretary determines and dem- 21onstrates that the waiver request does not meet 22the requirements of this section, the Secretary 23shall'-- 24''(i) immediately'-- 25
540 'S 1177 EAH ''(I) notify the State educational 1agency, local educational agency, or 2Indian tribe of such determination; 3and 4''(II) at the request of the State 5educational agency, local educational 6agency, or Indian tribe, provide de- 7tailed reasons for such determination 8in writing; 9''(ii) offer the State educational agen- 10cy, local educational agency, or Indian tribe 11an opportunity to revise and resubmit the 12waiver request not more than 60 days after 13the date of such determination; and 14''(iii) if the Secretary determines that 15the resubmission does not meet the require- 16ments of this section, at the request of the 17State educational agency, local educational 18agency, or Indian tribe, conduct a public 19hearing not more than 30 days after the 20date of such resubmission. 21''(C) WAIVER DISAPPROVAL.'--The Secretary 22may disapprove a waiver request if'-- 23''(i) the State educational agency, local 24educational agency, or Indian tribe has 25
541 'S 1177 EAH been notified and offered an opportunity to 1revise and resubmit the waiver request, as 2described under clauses (i) and (ii) of sub- 3paragraph (B); and 4''(ii) the State educational agency, 5local educational agency, or Indian tribe'-- 6''(I) does not revise and resubmit 7the waiver request; or 8''(II) revises and resubmits the 9waiver request, and the Secretary de- 10termines that such waiver request does 11not meet the requirements of this sec- 12tion after a hearing conducted under 13subparagraph (B)(iii), if requested. 14''(D) EXTERNAL CONDITIONS.'--The Sec- 15retary shall not, directly or indirectly, require or 16impose new or additional requirements in ex- 17change for receipt of a waiver if such require- 18ments are not specified in this Act. 19''(c) RESTRICTIONS.'--The Secretary shall not waive 20under this section any statutory or regulatory requirements 21relating to'-- 22''(1) the allocation or distribution of funds to 23States, local educational agencies, Indian tribes, or 24other recipients of funds under this Act; 25
542 'S 1177 EAH ''(2) comparability of services; 1''(3) use of Federal funds to supplement, not sup- 2plant, non-Federal funds; 3''(4) equitable participation of private school stu- 4dents and teachers; 5''(5) parental participation and involvement; 6''(6) applicable civil rights requirements; 7''(7) the prohibitions'-- 8''(A) in subpart 2 of part E; 9''(B) regarding use of funds for religious 10worship or instruction in section 6505; and 11''(C) regarding activities in section 6524; or 12''(8) the selection of a school attendance area or 13school under subsections (a) and (b) of section 1113, 14except that the Secretary may grant a waiver to allow 15a school attendance area or school to participate in 16activities under subpart 1 of part A of title I if the 17percentage of children from low-income families in 18the school attendance area or who attend the school is 19not more than 10 percentage points below the lowest 20percentage of those children for any school attendance 21area or school of the local educational agency that 22meets the requirements of subsections (a) and (b) of 23section 1113. 24
543 'S 1177 EAH ''(d) DURATION ANDEXTENSION OFWAIVER; LIMITA- 1TIONS.'-- 2''(1) IN GENERAL.'--Except as provided in para- 3graph (2), a waiver approved by the Secretary under 4this section may be for a period not to exceed 3 years. 5''(2) EXTENSION.'--The Secretary may extend the 6period described in paragraph (1) if the State dem- 7onstrates that'-- 8''(A) the waiver has been effective in ena- 9bling the State or affected recipient to carry out 10the activities for which the waiver was requested 11and the waiver has contributed to improved stu- 12dent achievement; and 13''(B) the extension is in the public interest. 14''(3) SPECIFIC LIMITATIONS.'--The Secretary 15shall not require a State educational agency, local 16educational agency, or Indian tribe, as a condition of 17approval of a waiver request, to'-- 18''(A) include in, or delete from, such request, 19specific academic standards, such as the Com- 20mon Core State Standards developed under the 21Common Core State Standards Initiative or any 22other standards common to a significant number 23of States; 24
544 'S 1177 EAH ''(B) use specific academic assessment in- 1struments or items, including assessments 2aligned to the standards described in subpara- 3graph (A); or 4''(C) include in, or delete from, such waiver 5request any criterion that specifies, defines, de- 6scribes, or prescribes the standards or measures 7that a State or local educational agency or In- 8dian tribe uses to establish, implement, or im- 9prove'-- 10''(i) State academic standards; 11''(ii) academic assessments; 12''(iii) State accountability systems; or 13''(iv) teacher and school leader evalua- 14tion systems. 15''(e) REPORTS.'-- 16''(1) WAIVER REPORTS.'--A State educational 17agency, local educational agency, or Indian tribe that 18receives a waiver under this section shall, at the end 19of the second year for which a waiver is received 20under this section and each subsequent year, submit 21a report to the Secretary that'-- 22''(A) describes the uses of the waiver by the 23agency or by schools; 24
545 'S 1177 EAH ''(B) describes how schools continued to pro- 1vide assistance to the same populations served by 2the programs for which waivers were granted; 3and 4''(C) evaluates the progress of the agency 5and schools, or Indian tribe, in improving the 6quality of instruction or the academic achieve- 7ment of students. 8''(2) REPORT TO CONGRESS.'--The Secretary 9shall annually submit to the Committee on Education 10and the Workforce of the House of Representatives 11and the Committee on Health, Education, Labor, and 12Pensions of the Senate a report'-- 13''(A) summarizing the uses of waivers by 14State educational agencies, local educational 15agencies, Indian tribes, and schools; and 16''(B) describing the status of the waivers in 17improving academic achievement. 18''(f) TERMINATION OFWAIVERS.'--The Secretary shall 19terminate a waiver under this section if the Secretary deter- 20mines, after notice and an opportunity for a hearing, that 21the performance of the State or other recipient affected by 22the waiver has been inadequate to justify a continuation 23of the waiver and the recipient of the waiver has failed to 24make revisions needed to carry out the purpose of the waiv- 25
546 'S 1177 EAH er, or if the waiver is no longer necessary to achieve its 1original purpose. 2''(g) PUBLICATION.'--A notice of the Secretary's deci- 3sion to grant each waiver under subsection (a) shall be pub- 4lished in the Federal Register and the Secretary shall pro- 5vide for the dissemination of the notice to State educational 6agencies, interested parties, including educators, parents, 7students, advocacy and civil rights organizations, and the 8public. 9''PART E'--UNIFORM PROVISIONS 10''Subpart 1'--Private Schools 11''SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHIL-12DREN AND TEACHERS. 13''(a) PRIVATESCHOOLPARTICIPATION.'-- 14''(1) IN GENERAL.'--Except as otherwise provided 15in this Act, to the extent consistent with the number 16of eligible children in areas served by a State edu- 17cational agency, local educational agency, educational 18service agency, consortium of those agencies, or an- 19other entity receiving financial assistance under a 20program specified in subsection (b), who are enrolled 21in private elementary schools and secondary schools 22in areas served by such agency, consortium, or entity, 23the agency, consortium, or entity shall, after timely 24and meaningful consultation with appropriate pri- 25