subpart 1—basic program requirements
§6311. State plans
(a) Filing for grants
(1) In general
For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—
(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and
(B) is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act (
(2) Limitation
Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.
(3) Consolidated plan
A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under
(4) Peer review and Secretarial approval
(A) In general
The Secretary shall—
(i) establish a peer-review process to assist in the review of State plans;
(ii) establish multidisciplinary peer-review teams and appoint members of such teams—
(I) who are representative of—
(aa) parents, teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and the community (including the business community); and
(bb) researchers who are familiar with—
(AA) the implementation of academic standards, assessments, or accountability systems; and
(BB) how to meet the needs of disadvantaged students, children with disabilities, and English learners, the needs of low-performing schools, and other educational needs of students;
(II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State educational agency); and
(III) who represent a regionally diverse cross-section of States;
(iii) make available to the public, including by such means as posting to the Department's website, the list of peer reviewers who have reviewed State plans under this section;
(iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans;
(v) approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi);
(vi) have the authority to disapprove a State plan only if—
(I) the Secretary—
(aa) determines how the State plan fails to meet the requirements of this section;
(bb) immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to substantiate such determination;
(cc) offers the State an opportunity to revise and resubmit its State plan, and provides the State—
(AA) technical assistance to assist the State in meeting the requirements of this section;
(BB) in writing, all peer-review comments, suggestions, recommendations, or concerns relating to its State plan; and
(CC) a hearing, unless the State declines the opportunity for such hearing; and
(II) the State—
(aa) does not revise and resubmit its State plan; or
(bb) in a case in which a State revises and resubmits its State plan after a hearing is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section.
(B) Purpose of peer review
The peer-review process shall be designed to—
(i) maximize collaboration with each State;
(ii) promote effective implementation of the challenging State academic standards through State and local innovation; and
(iii) provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans.
(C) Standard and nature of review
Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan.
(D) Prohibition
Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process.
(5) Public review
All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public on the Department's website, including—
(A) plans submitted or resubmitted by a State;
(B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work);
(C) State plan determinations by the Secretary, including approvals or disapprovals; and
(D) notices and transcripts of hearings under this section.
(6) Duration of the plan
(A) In general
Each State plan shall—
(i) remain in effect for the duration of the State's participation under this part; and
(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part.
(B) Additional information
(i) In general
If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.
(ii) Review of revised plans
The Secretary shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph.
(iii) Special rule for standards
If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply.
(7) Failure to meet requirements
If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.
(8) Public comment
Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the State plan.
(b) Challenging academic standards and academic assessments
(1) Challenging State academic standards
(A) In general
Each State, in the plan it files under subsection (a), shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this chapter as "challenging State academic standards"), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary.
(B) Same standards
Except as provided in subparagraph (E), the standards required by subparagraph (A) shall—
(i) apply to all public schools and public school students in the State; and
(ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State.
(C) Subjects
The State shall have such academic standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the State.
(D) Alignment
(i) In general
Each State shall demonstrate that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards.
(ii) Rule of construction
Nothing in this chapter shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this paragraph.
(E) Alternate academic achievement standards for students with the most significant cognitive disabilities
(i) In general
The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards—
(I) are aligned with the challenging State academic content standards under subparagraph (A);
(II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act (
(III) reflect professional judgment as to the highest possible standards achievable by such students;
(IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act (
(V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of
(ii) Prohibition on any other alternate or modified academic achievement standards
A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i).
(F) English language proficiency standards
Each State plan shall demonstrate that the State has adopted English language proficiency standards that—
(i) are derived from the 4 recognized domains of speaking, listening, reading, and writing;
(ii) address the different proficiency levels of English learners; and
(iii) are aligned with the challenging State academic standards.
(G) Prohibitions
(i) Standards review or approval
A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval.
(ii) Federal control
The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State.
(H) Existing standards
Nothing in this part shall prohibit a State from revising, consistent with this section, any standards adopted under this part before or after December 10, 2015.
(2) Academic assessments
(A) In general
Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the State.
(B) Requirements
The assessments under subparagraph (A) shall—
(i) except as provided in subparagraph (D), be—
(I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and
(II) administered to all public elementary school and secondary school students in the State;
(ii) be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level;
(iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information;
(iv) be of adequate technical quality for each purpose required under this chapter and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the State educational agency;
(v)(I) in the case of mathematics and reading or language arts, be administered—
(aa) in each of grades 3 through 8; and
(bb) at least once in grades 9 through 12;
(II) in the case of science, be administered not less than one time during—
(aa) grades 3 through 5;
(bb) grades 6 through 9; and
(cc) grades 10 through 12; and
(III) in the case of any other subject chosen by the State, be administered at the discretion of the State;
(vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks;
(vii) provide for—
(I) the participation in such assessments of all students;
(II) the appropriate accommodations, such as interoperability with, and ability to use, assistive technology, for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (
(III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under subparagraph (G);
(viii) at the State's discretion—
(I) be administered through a single summative assessment; or
(II) be administered through multiple statewide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth;
(ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts;
(x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), regarding achievement on such assessments that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand;
(xi) enable results to be disaggregated within each State, local educational agency, and school by—
(I) each major racial and ethnic group;
(II) economically disadvantaged students as compared to students who are not economically disadvantaged;
(III) children with disabilities as compared to children without disabilities;
(IV) English proficiency status;
(V) gender; and
(VI) migrant status,
except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student;
(xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items; and
(xiii) be developed, to the extent practicable, using the principles of universal design for learning.
(C) Exception for advanced mathematics in middle school
A State may exempt any 8th grade student from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if—
(i) such student takes the end-of-course assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics;
(ii) such student's achievement on such end-of-course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student's achievement on the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of subsection (c)(4)(B)(vi); 4 and
(iii) in high school, such student takes a mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that—
(I) is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this subparagraph; and
(II) shall be used to measure such student's academic achievement for purposes of subsection (c)(4)(B)(i).
(D) Alternate assessments for students with the most significant cognitive disabilities
(i) Alternate assessments aligned with alternate academic achievement standards
A State may provide for alternate assessments aligned with the challenging State academic standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State—
(I) consistent with clause (ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject;
(II) ensures that the parents of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (
(aa) that their child's academic achievement will be measured based on such alternate standards; and
(bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;
(III) promotes, consistent with the Individuals with Disabilities Education Act (
(IV) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments;
(V) describes in the State plan that general and special education teachers, and other appropriate staff—
(aa) know how to administer the alternate assessments; and
(bb) make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph;
(VI) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities—
(aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and
(bb) who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and
(VII) does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma.
(ii) Special rules
(I) Responsibility under IDEA
Subject to the authority and requirements for the individualized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (
(II) Prohibition on local cap
Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to impose on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I) shall submit information to the State educational agency justifying the need to exceed such cap.
(III) State support
A State shall provide appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II).
(IV) Waiver authority
This subparagraph shall be subject to the waiver authority under
(E) State authority
If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State's public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by—
(i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or
(ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which—
(I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and
(II) are applicable to all students served by each such local educational agency.
(F) Language assessments
(i) In general
Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed.
(ii) Secretarial assistance
The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction.
(G) Assessments of English language proficiency
(i) In general
Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency of all English learners in the schools served by the State educational agency.
(ii) Alignment
The assessments described in clause (i) shall be aligned with the State's English language proficiency standards described in paragraph (1)(F).
(H) Locally-selected assessment
(i) In general
Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph.
(ii) State technical criteria
To allow for State approval of nationally-recognized high school academic assessments that are available for local selection under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v).
(iii) State approval
If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not already been approved under this clause, such State educational agency shall—
(I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State educational agency under clause (ii);
(II) submit evidence in accordance with subsection (a)(4) that demonstrates such assessment meets the requirements of clause (v); and
(III) after fulfilling the requirements of subclauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i).
(iv) Local educational agency option
(I) Local educational agency
If a local educational agency chooses to submit a nationally-recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i).
(II) State educational agency
Upon such approval, the State educational agency shall approve the use of such assessment in any other local educational agency in the State that subsequently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii).
(v) Requirements
To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall—
(I) be aligned to the State's academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this paragraph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments);
(II) provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in subsection (c)(2), with results expressed in terms consistent with the State's academic achievement standards under paragraph (1), among all local educational agencies within the State;
(III) meet the requirements for the assessments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under clause (i) of such subparagraph; and
(IV) provide unbiased, rational, and consistent differentiation between schools within the State to meet the requirements of subsection (c).
(vi) Parental notification
A local educational agency shall notify the parents of high school students served by the local educational agency—
(I) of its request to the State educational agency for approval to administer a locally-selected assessment; and
(II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local educational agency will be administering a different assessment than the State-designed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v).
(I) Deferral
A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000.
(J) Adaptive assessments
(i) In general
Subject to clause (ii), a State retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except that—
(I) subparagraph (B)(i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items; and
(II) such assessment—
(aa) shall measure, at a minimum, each student's academic proficiency based on the challenging State academic standards for the student's grade level and growth toward such standards; and
(bb) may measure the student's level of academic proficiency and growth using items above or below the student's grade level, including for use as part of a State's accountability system under subsection (c).
(ii) Students with the most significant cognitive disabilities and English learners
In developing and administering computer adaptive assessments—
(I) as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments—
(aa) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student's academic achievement to measure, in the subject being assessed, whether the student is performing at the student's grade level; and
(II) as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments—
(aa) meet the requirements of this paragraph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student's language proficiency, which may include growth towards such proficiency, in order to measure the student's acquisition of English.
(K) Rule of construction on parent rights
Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent's child participate in the academic assessments under this paragraph.
(L) Limitation on assessment time
Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual instructional hours.
(3) Exception for recently arrived English learners
(A) Assessments
With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to—
(i) exclude—
(I) such an English learner from one administration of the reading or language arts assessment required under paragraph (2); and
(II) such an English learner's results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner's enrollment in such a school for the purposes of the State-determined accountability system under subsection (c); or
(ii)(I) assess, and report the performance of, such an English learner on the reading or language arts and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student's enrollment in such a school; and
(II) for the purposes of the State-determined accountability system—
(aa) for the first year of the student's enrollment in such a school, exclude the results on the assessments described in subclause (I);
(bb) include a measure of student growth on the assessments described in subclause (I) in the second year of the student's enrollment in such a school; and
(cc) include proficiency on the assessments described in subclause (I) in the third year of the student's enrollment in such a school, and each succeeding year of such enrollment.
(B) English learner subgroup
With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student's assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability system.
(c) Statewide accountability system
(1) In general
Each State plan shall describe a statewide accountability system that complies with the requirements of this subsection and subsection (d).
(2) Subgroup of students
In this subsection and subsection (d), the term "subgroup of students" means—
(A) economically disadvantaged students;
(B) students from major racial and ethnic groups;
(C) children with disabilities; and
(D) English learners.
(3) Minimum number of students
Each State shall describe—
(A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students—
(i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup of students in the State;
(ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining such minimum number; and
(iii) how the State ensures that such minimum number is sufficient to not reveal any personally identifiable information.
(4) Description of system
The statewide accountability system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following:
(A) Establishment of long-term goals
Establish ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting such goals—
(i) for all students and separately for each subgroup of students in the State—
(I) for, at a minimum, improved—
(aa) academic achievement, as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and
(bb) high school graduation rates, including—
(AA) the four-year adjusted cohort graduation rate; and
(BB) at the State's discretion, the extended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long-term goal set for the four-year adjusted cohort graduation rate;
(II) for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and
(III) that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and
(ii) for English learners, for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline.
(B) Indicators
Except for the indicator described in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators:
(i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—
(I) as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and
(II) at the State's discretion, for each public high school in the State, student growth, as measured by such annual assessments.
(ii) For public elementary schools and secondary schools that are not high schools in the State—
(I) a measure of student growth, if determined appropriate by the State; or
(II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance.
(iii) For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)—
(I) the four-year adjusted cohort graduation rate; and
(II) at the State's discretion, the extended-year adjusted cohort graduation rate.
(iv) For public schools in the State, progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners—
(I) in each of the grades 3 through 8; and
(II) in the grade for which such English learners are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in subsection (b)(2)(G) taken in the previous grade.
(v)(I) For all public schools in the State, not less than one indicator of school quality or student success that—
(aa) allows for meaningful differentiation in school performance;
(bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and
(cc) may include one or more of the measures described in subclause (II).
(II) For purposes of subclause (I), the State may include measures of—
(III) 6 student engagement;
(IV) 6 educator engagement;
(V) 6 student access to and completion of advanced coursework;
(VI) 6 postsecondary readiness;
(VII) 6 school climate and safety; and
(VIII) 6 any other indicator the State chooses that meets the requirements of this clause.
(C) Annual meaningful differentiation
Establish a system of meaningfully differentiating, on an annual basis, all public schools in the State, which shall—
(i) be based on all indicators in the State's accountability system under subparagraph (B), for all students and for each of 7 subgroup of students, consistent with the requirements of such subparagraph;
(ii) with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford—
(I) substantial weight to each such indicator; and
(II) in the aggregate, much greater weight than is afforded to the indicator or indicators utilized by the State and described in subparagraph (B)(v), in the aggregate; and
(iii) include differentiation of any such school in which any subgroup of students is consistently underperforming, as determined by the State, based on all indicators under subparagraph (B) and the system established under this subparagraph.
(D) Identification of schools
Based on the system of meaningful differentiation described in subparagraph (C), establish a State-determined methodology to identify—
(i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive support and improvement, as described in subsection (d)(1), which shall include—
(I) not less than the lowest-performing 5 percent of all schools receiving funds under this part in the State;
(II) all public high schools in the State failing to graduate one third or more of their students; and
(III) public schools in the State described under subsection (d)(3)(A)(i)(II); and
(ii) at the discretion of the State, additional statewide categories of schools.
(E) Annual measurement of achievement
(i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).
(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—
(I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or
(II) the number of students participating in the assessments.
(iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system.
(F) Partial attendance
(i) In the case of a student who has not attended the same school within a local educational agency for at least half of a school year, the performance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)—
(I) may not be used in the system of meaningful differentiation of all public schools as described in subparagraph (C) for such school year; and
(II) shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year.
(ii) In the case of a high school student who has not attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without transferring to another high school that grants a regular high school diploma during such school year, the local educational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school—
(I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or
(II) in which the student was most recently enrolled.
(5) Accountability for charter schools
The accountability provisions under this chapter shall be overseen for charter schools in accordance with State charter school law.
(d) School support and improvement activities
(1) Comprehensive support and improvement
(A) In general
Each State educational agency receiving funds under this part shall notify each local educational agency in the State of any school served by the local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i).
(B) Local educational agency action
Upon receiving such information from the State, the local educational agency shall, for each school identified by the State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that—
(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against State-determined long-term goals;
(ii) includes evidence-based interventions;
(iii) is based on a school-level needs assessment;
(iv) identifies resource inequities, which may include a review of local educational agency and school-level budgeting, to be addressed through implementation of such comprehensive support and improvement plan;
(v) is approved by the school, local educational agency, and State educational agency; and
(vi) upon approval and implementation, is monitored and periodically reviewed by the State educational agency.
(C) State educational agency discretion
With respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may—
(i) permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students—
(I) returning to education after having exited secondary school without a regular high school diploma; or
(II) who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State; and
(ii) in the case of such a school that has a total enrollment of less than 100 students, permit the local educational agency to forego implementation of improvement activities required under this paragraph.
(D) Public school choice
(i) In general
A local educational agency may provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law.
(ii) Priority
In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under
(iii) Treatment
A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school.
(iv) Special rule
A local educational agency shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school.
(v) Funding for transportation
A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer.
(2) Targeted support and improvement
(A) In general
Each State educational agency receiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)—
(i) notify each local educational agency in the State of any school served by the local educational agency in which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); and
(ii) ensure such local educational agency provides notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in subsection (c)(4)(C)(iii).
(B) Targeted support and improvement plan
Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system established under subsection (c)(4), for each subgroup of students that was the subject of notification that—
(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against long-term goals;
(ii) includes evidence-based interventions;
(iii) is approved by the local educational agency prior to implementation of such plan;
(iv) is monitored, upon submission and implementation, by the local educational agency; and
(v) results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency.
(C) Additional targeted support
A plan described in subparagraph (B) that is developed and implemented in any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State's methodology under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan.
(D) Special rule
The State educational agency, based on the State's differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State's methodology under subsection (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii).
(3) Continued support for school and local educational agency improvement
To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency—
(A) shall—
(i) establish statewide exit criteria for—
(I) schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State-determined action, such as the implementation of interventions (which may include addressing school-level operations); and
(II) schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for comprehensive support and improvement under subsection (c)(4)(D)(i)(III);
(ii) periodically review resource allocation to support school improvement in each local educational agency in the State serving—
(I) a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and
(II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and
(iii) provide technical assistance to each local educational agency in the State serving a significant number of—
(I) schools implementing comprehensive support and improvement plans under paragraph (1); or
(II) schools implementing targeted support and improvement plans under paragraph (2); and
(B) may—
(i) take action to initiate additional improvement in any local educational agency with—
(I) a significant number of schools that are consistently identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria established by the State under subparagraph (A)(i)(I); or
(II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and
(ii) consistent with State law, establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i).
(4) Rule of construction for collective bargaining
Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees.
(e) Prohibition
(1) In general
Nothing in this chapter shall be construed to authorize or permit the Secretary—
(A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would—
(i) add new requirements that are inconsistent with or outside the scope of this part;
(ii) add new criteria that are inconsistent with or outside the scope of this part; or
(iii) be in excess of statutory authority granted to the Secretary;
(B) as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of a waiver request submitted under
(i) require a State to add any requirements that are inconsistent with or outside the scope of this part;
(ii) require a State to add or delete one or more specific elements of the challenging State academic standards; or
(iii) prescribe—
(I) numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including—
(aa) the length of terms set by States in designing such goals; or
(bb) the progress expected from any subgroups of students in meeting such goals;
(II) specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection (b)(2) or otherwise use to measure student academic achievement or student growth under this part;
(III) indicators that States use within the State accountability system under this section, including any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part;
(IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part;
(V) the specific methodology used by States to meaningfully differentiate or identify schools under this part;
(VI) any specific school support and improvement strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part;
(VII) exit criteria established by States under subsection (d)(3)(A)(i);
(VIII) provided that the State meets the requirements in subsection (c)(3), a minimum number of students established by a State under such subsection;
(IX) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency;
(X) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or
(XI) the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the statewide accountability system under this section; or
(C) to issue new non-regulatory guidance that—
(i) in seeking to provide explanation of requirements under this section for State or local educational agencies, either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or
(ii) purports to be legally binding; or
(D) to require data collection under this part beyond data derived from existing Federal, State, and local reporting requirements.
(2) Defining terms
In carrying out this part, the Secretary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1).
(f) Existing State law
Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before December 10, 2015.
(g) Other plan provisions
(1) Descriptions
Each State plan shall describe—
(A) how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood education programs;
(B) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system);
(C) how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing—
(i) incidences of bullying and harassment;
(ii) the overuse of discipline practices that remove students from the classroom; and
(iii) the use of aversive behavioral interventions that compromise student health and safety;
(D) how the State will support local educational agencies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agencies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out;
(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (
(i) any such child enrolls or remains in such child's school of origin, unless a determination is made that it is not in such child's best interest to attend the school of origin, which decision shall be based on all factors relating to the child's best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;
(ii) when a determination is made that it is not in such child's best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;
(iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and
(iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (
(F) how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and
(G) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging State academic standards.
(2) Assurances
Each State plan shall contain assurances that—
(A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);
(B) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section;
(C) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;
(D) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (
(E) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;
(F) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under
(G) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;
(H) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;
(I) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process;
(J) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification;
(K) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate;
(L) the State educational agency has involved the committee of practitioners established under
(M) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before December 10, 2015; and
(N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—
(i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and
(ii) shall be presented in a manner that—
(I) is first anonymized and does not reveal personally identifiable information about an individual student;
(II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and
(III) is consistent with the requirements of
(3) Rules of construction
Nothing in paragraph (2)(N) shall be construed to—
(A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or
(B) require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N).
(4) Technical assistance
Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency to—
(A) meet the requirements of paragraph (2)(N); or
(B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students.
(h) Reports
(1) Annual State report card
(A) In general
A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph.
(B) Implementation
The State report card required under this paragraph shall be—
(i) concise;
(ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that parents can understand; and
(iii) widely accessible to the public, which shall include making available on a single webpage of the State educational agency's website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5).
(C) Minimum requirements
Each State report card required under this subsection shall include the following information:
(i) A clear and concise description of the State's accountability system under subsection (c), including—
(I) the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability system;
(II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in subsection (c)(2);
(III) the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State;
(IV) the State's system for meaningfully differentiating all public schools in the State, including—
(aa) the specific weight of the indicators described in subsection (c)(4)(B) in such differentiation;
(bb) the methodology by which the State differentiates all such schools;
(cc) the methodology by which the State differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and
(dd) the methodology by which the State identifies a school for comprehensive support and improvement as required under subsection (c)(4)(D)(i);
(V) the number and names of all public schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and
(VI) the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection.
(ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in
(iii) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care—
(I) information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used by the State in the State accountability system; and
(II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State's discretion, extended-year adjusted cohort graduation rates.
(iv) Information on the number and percentage of English learners achieving English language proficiency.
(v) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State in the State accountability system.
(vi) Information on the progress of all students and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection.
(vii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed.
(viii) Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to
(I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and
(II) the number and percentage of students enrolled in—
(aa) preschool programs; and
(bb) accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs.
(ix) The professional qualifications of teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of—
(I) inexperienced teachers, principals, and other school leaders;
(II) teachers teaching with emergency or provisional credentials; and
(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed.
(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.
(xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under subsection (b)(2)(D), by grade and subject.
(xii) Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (
(xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students' graduation—
(I) in programs of public postsecondary education in the State; and
(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State.
(xiv) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary schools and secondary schools, which may include the number and percentage of students meeting State determined levels of performance for core indicators, as defined by section 113(b)(3)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(D) Rules of construction
Nothing in subparagraph (C)(viii) shall be construed as requiring—
(i) reporting of any data that are not collected in accordance with
(ii) disaggregation of any data other than as required under subsection (b)(2)(B)(xi).
(2) Annual local educational agency report cards
(A) Preparation and dissemination
A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency.
(B) Implementation
Each local educational agency report card shall be—
(i) concise;
(ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and
(iii) accessible to the public, which shall include—
(I) placing such report card on the website of the local educational agency; and
(II) in any case in which a local educational agency does not operate a website, providing the information to the public in another manner determined by the local educational agency.
(C) Minimum requirements
The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency's annual report the information described in paragraph (1)(C), disaggregated in the same manner as required under such paragraph, except for clause (xii) of such paragraph, as applied to the local educational agency and each school served by the local educational agency, including—
(i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole;
(ii) in the case of a school, information that shows how the school's students' achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; and
(iii) any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card.
(D) Additional information
In the case of a local educational agency that issues a report card for all students, the local educational agency may include the information under this section as part of such report.
(3) Preexisting report cards
A State educational agency or local educational agency may use public report cards on the performance of students, schools, local educational agencies, or the State, that were in effect prior to December 10, 2015, for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students.
(4) Cost reduction
Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts.
(5) Annual State report to the Secretary
Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—
(A) information on the achievement of students on the academic assessments required by subsection (b)(2), including the disaggregated results for the subgroups of students as defined in subsection (c)(2);
(B) information on the acquisition of English proficiency by English learners;
(C) the number and names of each public school in the State—
(i) identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and
(ii) implementing targeted support and improvement plans under subsection (d)(2); and
(D) information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers:
(i) Inexperienced teachers.
(ii) Teachers teaching with emergency or provisional credentials.
(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed.
(6) Report to Congress
The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only.
(i) Privacy
(1) In general
Information collected or disseminated under this section (including any information collected for or included in the reports described in subsection (h)) shall be collected and disseminated in a manner that protects the privacy of individuals consistent with
(2) Sufficiency
The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information.
(3) Disaggregation
Disaggregation under this section shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are insufficient to yield statistically reliable information.
(j) Voluntary partnerships
A State retains the right to enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and assessments required under this section, except that the Secretary shall not attempt to influence, incentivize, or coerce State—
(1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or
(2) participation in such partnerships.
(k) Special rule with respect to Bureau-funded schools
In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education receiving funds under this part, the following shall apply until the requirements of
(1) Each such school that is accredited by the State in which it is operating shall use the assessments and other academic indicators the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the Secretary of the Interior.
(2) Each such school that is accredited by a regional accrediting organization (in consultation with and with the approval of the Secretary of the Interior, and consistent with assessments and academic indicators adopted by other schools in the same State or region) shall adopt an appropriate assessment and other academic indicators that meet the requirements of this section.
(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section.
(l) Construction
Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(1)(B) and (b)(1)(E)(i)(II), (2)(B)(vii)(II), (D)(i)(III), is title VI of
The Rehabilitation Act of 1973, referred to in subsec. (a)(1)(B), is
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(B), is
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is
The Head Start Act, referred to in subsec. (a)(1)(B), is subchapter B (§635 et seq.) of
The Child Care and Development Block Grant Act of 1990, referred to in subsec. (a)(1)(B), is subchapter C (§658A et seq.) of
The Education Sciences Reform Act of 2002, referred to in subsec. (a)(1)(B), is title I of
The Educational Technical Assistance Act of 2002, referred to in subsec. (a)(1)(B), is title II of
The National Assessment of Educational Progress Authorization Act, referred to in subsec. (a)(1)(B), is title III of
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1)(B), is
The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of
The Social Security Act, referred to in subsec. (g)(1)(E), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 6311,
A prior section 1111 of
Amendments
2019—Subsec. (h)(1)(C)(ii).
2018—Subsec. (h)(1)(C)(xiv).
2015—
2006—Subsec. (a)(1).
2004—Subsec. (b)(2)(I)(ii).
2002—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2015 Amendment
Amendment by
1 So in original. Probably should be "(
2 So in original. Probably should be "9857 et seq.),".
3 So in original. Probably should be "Educational".
4 So in original. No subsec. (c)(4)(B)(vi) has been enacted.
5 So in original. Probably should be "(
6 So in original. Designations (III) to (VIII) probably should be (aa) to (ff), respectively.
7 So in original. The word "of" probably should not appear.
§6312. Local educational agency plans
(a) Plans required
(1) Subgrants
A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—
(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administrators of programs described in other parts of this subchapter), other appropriate school personnel, and with parents of children in schools served under this part; and
(B) as appropriate, is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act (
(2) Consolidated application
The plan may be submitted as part of a consolidated application under
(3) State approval
(A) In general
Each local educational agency plan shall be filed according to a schedule established by the State educational agency.
(B) Approval
The State educational agency shall approve a local educational agency's plan only if the State educational agency determines that the local educational agency's plan—
(i) provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and
(ii) meets the requirements of this section.
(4) Duration
Each local educational agency plan shall be submitted for the first year for which this part is in effect following December 10, 2015, and shall remain in effect for the duration of the agency's participation under this part.
(5) Review
Each local educational agency shall periodically review and, as necessary, revise its plan.
(6) Rule of construction
Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.
(b) Plan provisions
To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe—
(1) how the local educational agency will monitor students' progress in meeting the challenging State academic standards by—
(A) developing and implementing a well-rounded program of instruction to meet the academic needs of all students;
(B) identifying students who may be at risk for academic failure;
(C) providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic standards; and
(D) identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning;
(2) how the local educational agency will identify and address, as required under State plans as described in
(3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of
(4) the poverty criteria that will be used to select school attendance areas under
(5) in general, the nature of the programs to be conducted by such agency's schools under
(6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under
(7) the strategy the local educational agency will use to implement effective parent and family engagement under
(8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs;
(9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under
(10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education including, if applicable—
(A) through coordination with institutions of higher education, employers, and other local partners; and
(B) through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills;
(11) how the local educational agency will support efforts to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in
(12) if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate—
(A) academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State; and
(B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and
(13) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—
(A) assist schools in identifying and serving gifted and talented students; and
(B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement.
(c) Assurances
Each local educational agency plan shall provide assurances that the local educational agency will—
(1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;
(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with
(3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under
(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
(5) collaborate with the State or local child welfare agency to—
(A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and
(B) by not later than 1 year after December 10, 2015, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—
(i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with
(ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—
(I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;
(II) the local educational agency agrees to pay for the cost of such transportation; or
(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and 2
(6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and
(7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act (
(d) Special rule
For local educational agencies using funds under this part for the purposes described in subsection (c)(7), the Secretary shall—
(1) consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and
(2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act (
(e) Parents right-to-know
(1) Information for parents
(A) In general
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including at a minimum, the following:
(i) Whether the student's teacher—
(I) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
(II) is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and
(III) is teaching in the field of discipline of the certification of the teacher.
(ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications.
(B) Additional information
In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—
(i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and
(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
(2) Testing transparency
(A) In general
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by
(B) Additional information
Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency's website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with
(i) the subject matter assessed;
(ii) the purpose for which the assessment is designed and used;
(iii) the source of the requirement for the assessment; and
(iv) where such information is available—
(I) the amount of time students will spend taking the assessment, and the schedule for the assessment; and
(II) the time and format for disseminating results.
(C) Local educational agency that does not operate a website
In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.
(3) Language instruction
(A) Notice
Each local educational agency using funds under this part or subchapter III to provide a language instruction educational program as determined under subchapter III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of—
(i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;
(ii) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement;
(iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
(iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
(v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;
(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (
(viii) information pertaining to parental rights that includes written guidance—
(I) detailing the right that parents have to have their child immediately removed from such program upon their request;
(II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and
(III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.
(B) Special rule applicable during the school year
For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children's parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).
(C) Parental participation
(i) In general
Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can—
(I) be involved in the education of their children; and
(II) be active participants in assisting their children to—
(aa) attain English proficiency;
(bb) achieve at high levels within a well-rounded education; and
(cc) meet the challenging State academic standards expected of all students.
(ii) Regular meetings
Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or subchapter III.
(D) Basis for admission or exclusion
A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.
(4) Notice and format
The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (a)(1)(B), is title VI of
The Rehabilitation Act of 1973, referred to in subsec. (a)(1)(B), is
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(B), is
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is
The Head Start Act, referred to in subsec. (a)(1)(B), is subchapter B (§635 et seq.) of
The McKinney-Vento Homeless Assistance Act, referred to in subsecs. (a)(1)(B) and (b)(6), is
The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of
Prior Provisions
A prior section 6312,
Amendments
2015—
2007—Subsec. (c)(1)(G).
Subsec. (c)(2)(B).
2006—Subsec. (a)(1).
2002—Subsec. (b)(1)(F).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
1 So in original. Probably should be "(
2 So in original. The word "and" probably should not appear.
§6313. Eligible school attendance areas
(a) Determination
(1) In general
A local educational agency shall use funds received under this part only in eligible school attendance areas.
(2) Eligible school attendance areas
For the purposes of this part—
(A) the term "school attendance area" means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and
(B) the term "eligible school attendance area" means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.
(3) Ranking order
(A) Ranking
Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—
(i) annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and
(ii) serve such eligible school attendance areas in rank order.
(B) Exception
A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.
(4) Remaining funds
If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall—
(A) annually rank such agency's remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and
(B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.
(5) Measures
(A) In general
Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (
(i) to identify eligible school attendance areas;
(ii) to determine the ranking of each area; and
(iii) to determine allocations under subsection (c).
(B) Secondary schools
For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—
(i) the measure described under subparagraph (A); or
(ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school.
(C) Measure of poverty
The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after—
(i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and
(ii) a majority of such schools have approved the use of such measure.
(6) Exception
This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.
(7) Waiver for desegregation plans
The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—
(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school's total enrollment; and
(B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.
(b) Local educational agency discretion
(1) In general
Notwithstanding subsection (a)(2), a local educational agency may—
(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;
(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;
(C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and
(D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—
(i) the school meets the comparability requirements of
(ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of
(iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part.
(2) Special rule
Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).
(c) Allocations
(1) In general
A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school.
(2) Special rule
(A) In general
Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under
(B) Exception
A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of
(3) Reservation of funds
(A) In general
A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—
(i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;
(ii) children in local institutions for neglected children; and
(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
(B) Method of determination
The share of funds determined under subparagraph (A) shall be determined—
(i) based on the total allocation received by the local educational agency; and
(ii) prior to any allowable expenditures or transfers by the local educational agency.
(C) Homeless children and youths
Funds reserved under subparagraph (A)(i) may be—
(i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under
(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—
(I) funding for the liaison designated pursuant to
(II) transportation pursuant to section 11432(g)(1)(J)(iii) of such title.
(4) Financial incentives and rewards reservation
A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under subchapter II, and not more than 5 percent of those funds received by the local educational agency under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for comprehensive support and improvement activities or targeted support and improvement activities under
(5) Early childhood education
A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.
(
Editorial Notes
References in Text
The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(5)(A), is act June 4, 1946, ch. 281,
The Social Security Act, referred to in subsec. (a)(5)(A), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 6313,
Amendments
2015—Subsec. (a)(3).
"(A) annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and
"(B) serve such eligible school attendance areas in rank order."
Subsec. (a)(5).
"(A) to identify eligible school attendance areas;
"(B) to determine the ranking of each area; and
"(C) to determine allocations under subsection (c) of this section."
Subsec. (b)(1)(D)(i).
Subsec. (c)(3).
"(A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live;
"(B) children in local institutions for neglected children; and
"(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs."
Subsec. (c)(4).
Subsec. (c)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
§6314. Schoolwide programs
(a) In general
(1) Use of funds for schoolwide programs
(A) Eligibility
A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.
(B) Exception
A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors.
(2) Identification of students not required
(A) In general
No school participating in a schoolwide program shall be required to identify—
(i) particular children under this part as eligible to participate in a schoolwide program; or
(ii) individual services as supplementary.
(B) Supplemental funds
In accordance with the method of determination described in
(3) Exemption from statutory and regulatory requirements
(A) Exemption
Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act (
(B) Requirements
A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in
(C) Records
A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.
(b) Schoolwide program plan
An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before December 10, 2015) that—
(1) is developed during a 1-year period, unless—
(A) the local educational agency determines, in consultation with the school, that less time is needed to develop and implement the schoolwide program; or
(B) the school is operating a schoolwide program on the day before December 10, 2015, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section;
(2) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in other parts of this subchapter), the local educational agency, to the extent feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school;
(3) remains in effect for the duration of the school's participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards;
(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and
(5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this chapter, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under
(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and
(7) includes a description of—
(A) the strategies that the school will be implementing to address school needs, including a description of how such strategies will—
(i) provide opportunities for all children, including each of the subgroups of students (as defined in
(ii) use methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and
(iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include—
(I) counseling, school-based mental health programs, specialized instructional support services, mentoring services, and other strategies to improve students' skills outside the academic subject areas;
(II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students' access to coursework to earn postsecondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools);
(III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (
(IV) professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high-need subjects; and
(V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and
(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.
(c) Preschool programs
A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for children who are under 6 years of age.
(d) Delivery of services
The services of a schoolwide program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
(e) Use of funds for dual or concurrent enrollment programs
(1) In general
A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school students and those at risk of not meeting the challenging State academic standards.
(2) Flexibility of funds
A secondary school using funds received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of—
(A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education, where appropriate, for the purpose of integrating rigorous academics in such program;
(B) tuition and fees, books, required instructional materials for such program, and innovative delivery methods; and
(C) transportation to and from such program.
(3) Rule of construction
Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(A) and (b)(7)(A)(iii)(III), is title VI of
Prior Provisions
A prior section 6314,
Amendments
2015—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
2006—Subsec. (b)(2)(B)(v).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
§6315. Targeted assistance schools
(a) In general
In all schools selected to receive funds under
(b) Targeted assistance school program
To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section shall—
(1) determine which students will be served;
(2) serve participating students identified as eligible children under subsection (c), including by—
(A) using resources under this part to help eligible children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education;
(B) using methods and instructional strategies to strengthen the academic program of the school through activities, which may include—
(i) expanded learning time, before- and after-school programs, and summer programs and opportunities; and
(ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (
(C) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under subpart 2 of part B of subchapter II, or State-run preschool programs to elementary school programs;
(D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with eligible children in programs under this section or in the regular education program;
(E) implementing strategies to increase the involvement of parents of eligible children in accordance with
(F) if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this chapter, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and comprehensive support and improvement activities or targeted support and improvement activities under
(G) provide 2 to the local educational agency assurances that the school will—
(i) help provide an accelerated, high-quality curriculum;
(ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and
(iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards.
(c) Eligible children
(1) Eligible population
(A) In general
The eligible population for services under this section is—
(i) children not older than age 21 who are entitled to a free public education through grade 12; and
(ii) children who are not yet at a grade level at which the local educational agency provides a free public education.
(B) Eligible children from eligible population
From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school.
(2) Children included
(A) In general
Children who are economically disadvantaged, children with disabilities, migrant children or English learners, are eligible for services under this part on the same basis as other children selected to receive services under this part.
(B) Head Start and preschool children
A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under subpart 2 of part B of subchapter II, or in preschool services under this subchapter, is eligible for services under this part.
(C) Migrant children
A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part.
(D) Neglected or delinquent children
A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part.
(E) Homeless children
A child who is homeless and attending any school served by the local educational agency is eligible for services under this part.
(3) Special rule
Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services.
(d) Integration of professional development
To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may—
(1) participate in general professional development and school planning activities; and
(2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.
(e) Special rules
(1) Simultaneous service
Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate.
(2) Comprehensive services
If—
(A) health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and
(B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including—
(i) the provision of basic medical equipment, such as eyeglasses and hearing aids;
(ii) compensation of a coordinator;
(iii) family support and engagement services;
(iv) integrated student supports; and
(v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.
(f) Use of funds for dual or concurrent enrollment programs
A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services described under
(g) Prohibition
Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under
(h) Delivery of services
The services of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(B)(ii), is title VI of
Prior Provisions
A prior section 6315,
Amendments
2015—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1)(B).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (e)(2)(B)(iii) to (v).
Subsec. (e)(3).
Subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
1 So in original. The word "and" probably should not appear.
2 So in original. Probably should be "providing".
§§6316, 6317. Repealed. Pub. L. 114–95, title I, §1000(1), Dec. 10, 2015, 129 Stat. 1814
Section 6316,
A prior section 6316,
Section 6317,
A prior section 6317,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of
§6318. Parent and family engagement
(a) Local educational agency policy
(1) In general
A local educational agency may receive funds under this part only if such agency conducts outreach to all parents and family members and implements programs, activities, and procedures for the involvement of parents and family members in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children.
(2) Written policy
Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents and family members of participating children a written parent and family engagement policy. The policy shall be incorporated into the local educational agency's plan developed under
(A) involve parents and family members in jointly developing the local educational agency plan under
(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;
(C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs;
(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying—
(i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background);
(ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and
(iii) strategies to support successful school and family interactions;
(E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and
(F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.
(3) Reservation
(A) In general
Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency's allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.
(B) Parent and family member input
Parents and family members of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities.
(C) Distribution of funds
Not less than 90 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part, with priority given to high-need schools.
(D) Use of funds
Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency's parent and family engagement policy, including not less than 1 of the following:
(i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members.
(ii) Supporting programs that reach parents and family members at home, in the community, and at school.
(iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members.
(iv) Collaborating, or providing subgrants to schools to enable such schools to collaborate, with community-based or other organizations or employers with a record of success in improving and increasing parent and family engagement.
(v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency's parent and family engagement policy.
(b) School parent and family engagement policy
(1) In general
Each school served under this part shall jointly develop with, and distribute to, parents and family members of participating children a written parent and family engagement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school.
(2) Special rule
If the school has a parent and family engagement policy that applies to all parents and family members, such school may amend that policy, if necessary, to meet the requirements of this subsection.
(3) Amendment
If the local educational agency involved has a school district-level parent and family engagement policy that applies to all parents and family members in all schools served by the local educational agency, such agency may amend that policy, if necessary, to meet the requirements of this subsection.
(4) Parental comments
If the plan under
(c) Policy involvement
Each school served under this part shall—
(1) convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, to inform parents of their school's participation under this part and to explain the requirements of this part, and the right of the parents to be involved;
(2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement;
(3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improvement of the school parent and family engagement policy and the joint development of the schoolwide program plan under
(4) provide parents of participating children—
(A) timely information about programs under this part;
(B) a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the achievement levels of the challenging State academic standards; and
(C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and respond to any such suggestions as soon as practicably possible; and
(5) if the schoolwide program plan under
(d) Shared responsibilities for high student academic achievement
As a component of the school-level parent and family engagement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State's high standards. Such compact shall—
(1) describe the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the challenging State academic standards, and the ways in which each parent will be responsible for supporting their children's learning; volunteering in their child's classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and
(2) address the importance of communication between teachers and parents on an ongoing basis through, at a minimum—
(A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child's achievement;
(B) frequent reports to parents on their children's progress;
(C) reasonable access to staff, opportunities to volunteer and participate in their child's class, and observation of classroom activities; and
(D) ensuring regular two-way, meaningful communication between family members and school staff, and, to the extent practicable, in a language that family members can understand.
(e) Building capacity for involvement
To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency assisted under this part—
(1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the challenging State academic standards, State and local academic assessments, the requirements of this part, and how to monitor a child's progress and work with educators to improve the achievement of their children;
(2) shall provide materials and training to help parents to work with their children to improve their children's achievement, such as literacy training and using technology (including education about the harms of copyright piracy), as appropriate, to foster parental involvement;
(3) shall educate teachers, specialized instructional support personnel, principals, and other school leaders, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school;
(4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with other Federal, State, and local programs, including public preschool programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children;
(5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand;
(6) may involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training;
(7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training;
(8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions;
(9) may train parents to enhance the involvement of other parents;
(10) may arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation;
(11) may adopt and implement model approaches to improving parental involvement;
(12) may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section;
(13) may develop appropriate roles for community-based organizations and businesses in parent involvement activities; and
(14) shall provide such other reasonable support for parental involvement activities under this section as parents may request.
(f) Accessibility
In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under
(g) Family engagement in education programs
In a State operating a program under part E of subchapter IV, each local educational agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program.
(h) Review
The State educational agency shall review the local educational agency's parent and family engagement policies and practices to determine if the policies and practices meet the requirements of this section.
(
Editorial Notes
Prior Provisions
A prior section 6318,
A prior section 1116 of
Another prior section 1116 of
Amendments
2015—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c)(3).
Subsec. (c)(4)(B).
Subsec. (c)(5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2)(D).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (e)(4).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
§6319. Repealed. Pub. L. 114–95, title I, §1000(1), Dec. 10, 2015, 129 Stat. 1814
Section,
A prior section 6319,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of
§6320. Participation of children enrolled in private schools
(a) General requirement
(1) In general
To the extent consistent with the number of eligible children identified under
(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students' academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and
(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to
(2) Secular, neutral, nonideological
Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.
(3) Equity
(A) In general
Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner.
(B) Ombudsman
To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.
(4) Expenditures
(A) Determination
(i) In general
Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.
(ii) Proportional share
The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.
(B) Obligation of funds
Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
(C) Notice of allocation
Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.
(D) Term of determination
The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.
(5) Provision of services
The local educational agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public and private agencies, organizations, and institutions.
(b) Consultation
(1) In general
To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency's programs under this part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as—
(A) how the children's needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be provided;
(D) how the services will be academically assessed and how the results of that assessment will be used to improve those services;
(E) the size and scope of the equitable services to be provided to the eligible private school children, the proportion of funds that is allocated under subsection (a)(4)(A) for such services, and how that proportion of funds is determined;
(F) the method or sources of data that are used under subsection (c) and
(G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers;
(H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor;
(I) whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor;
(J) whether to provide equitable services to eligible private school children—
(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend private schools; or
(ii) in the agency's participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools;
(K) when, including the approximate time of day, services will be provided; and
(L) whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in
(2) Disagreement
If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.
(3) Timing
Such consultation shall include meetings of agency and private school officials and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this part. Such meetings shall continue throughout implementation and assessment of services provided under this section.
(4) Discussion
Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children.
(5) Documentation
Each local educational agency shall maintain in the agency's records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials' belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.
(6) Compliance
(A) In general
A private school official shall have the right to file a complaint with the State educational agency asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school students equitably as required by this section.
(B) Procedure
If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency.
(C) State educational agencies
A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have—
(i) requested that the State educational agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.
(c) Allocation for equitable service to private school students
(1) Calculation
A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by—
(A) using the same measure of low income used to count public school children;
(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable;
(C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or
(D) using an equated measure of low income correlated with the measure of low income used to count public school children.
(2) Complaint process
Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in
(d) Public control of funds
(1) In general
The control of funds provided under this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property.
(2) Provision of services
(A) Provider
The provision of services under this section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public agency with an individual, association, agency, or organization.
(B) Requirement
In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency.
(e) Standards for a bypass
If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling, to provide for such participation, as required by this section, the Secretary shall—
(1) waive the requirements of this section for such local educational agency;
(2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and
(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate.
(
Editorial Notes
Prior Provisions
A prior section 6320,
A prior section 1117 of
Another prior section 1117 of
Amendments
2015—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b)(1).
Subsec. (b)(1)(E).
Subsec. (b)(1)(I) to (L).
Subsec. (b)(2) to (4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(6)(A).
Subsec. (b)(6)(B).
Subsec. (b)(6)(C).
Subsec. (c)(2).
Subsec. (e)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
1 So in original. A comma probably should appear.
§6321. Fiscal requirements
(a) Maintenance of effort
A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency's fiscal effort in accordance with
(b) Federal funds to supplement, not supplant, non-Federal funds
(1) In general
A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2) Compliance
To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
(3) Special rule
No local educational agency shall be required to—
(A) identify that an individual cost or service supported under this part is supplemental; or
(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency's compliance with paragraph (1).
(4) Prohibition
Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.
(5) Timeline
A local educational agency—
(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after December 10, 2015; and
(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before December 10, 2015.
(c) Comparability of services
(1) In general
(A) Comparable services
Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part.
(B) Substantially comparable services
If the local educational agency is serving all of such agency's schools under this part, such agency may receive funds under this part only if such agency will use State and local funds to provide services that, taken as a whole, are substantially comparable in each school.
(C) Basis
A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span basis or a school-by-school basis.
(2) Written assurance
(A) Equivalence
A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i) a local educational agency-wide salary schedule;
(ii) a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
(B) Determinations
For the purpose of this subsection, in the determination of expenditures per pupil from State and local funds, or instructional salaries per pupil from State and local funds, staff salary differentials for years of employment shall not be included in such determinations.
(C) Exclusions
A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining comparability of services under this subsection.
(3) Procedures and records
Each local educational agency assisted under this part shall—
(A) develop procedures for compliance with this subsection; and
(B) maintain records that are updated biennially documenting such agency's compliance with this subsection.
(4) Inapplicability
This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.
(5) Compliance
For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—
(A) language instruction educational programs; and
(B) the excess costs of providing services to children with disabilities as determined by the local educational agency.
(d) Exclusion of funds
For the purpose of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.
(
Editorial Notes
Prior Provisions
A prior section 6321,
A prior section 1118 of
Another prior section 1118 of
Amendments
2015—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
§6322. Coordination requirements
(a) In general
Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs. Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.
(b) Activities
The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other entities carrying out early childhood education programs serving children who will attend the schools of the local educational agency, including—
(1) developing and implementing a systematic procedure for receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood education program;
(2) establishing channels of communication between school staff and their counterparts (including teachers, social workers, and health staff) in such Head Start agencies or other entities carrying out early childhood education programs, as appropriate, to facilitate coordination of programs;
(3) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs, to discuss the developmental and other needs of individual children;
(4) organizing and participating in joint transition-related training of school staff, Head Start program staff, and, where appropriate, other early childhood education program staff; and
(5) linking the educational services provided by such local educational agency with the services provided by local Head Start agencies.
(c) Coordination of regulations
The Secretary shall work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act [
(
Editorial Notes
References in Text
The Head Start Act, referred to in subsec. (c), is subchapter B (§§635–657) of
Prior Provisions
A prior section 6322,
A prior section 1119 of
Another prior section 1119 of
A prior section 6323,
Amendments
2015—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2), (3).
Subsec. (b)(4).
Subsec. (b)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by