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PUBLIC LAW 114–95—DEC. 10, 2015 ‘‘(A) STATES.—Each State educational agency, after meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section. ‘‘(B) CONSULTATION.—A State educational agency shall consult under subparagraph (A) with local educational agencies that include— ‘‘(i) suburban, rural, and urban local educational agencies; ‘‘(ii) local educational agencies serving a high percentage of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and ‘‘(iii) local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2). ‘‘(2) PROGRAM ADMINISTRATION.—Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section. ‘‘(b) AWARDS.— ‘‘(1) IN GENERAL.—From the amount reserved under subsection (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i). ‘‘(2) PRIORITY.—In making such awards, the State educational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as compared to other local educational agencies in the State— ‘‘(A) identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); or ‘‘(B) implementing targeted support and improvement plans under section 1111(d)(2). ‘‘(c) LOCAL USE OF FUNDS.—A local educational agency receiving an award under this section— ‘‘(1) may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local educational agency and State; ‘‘(2) may use not more than 2 percent of its award for administrative costs related to such direct student services; ‘‘(3) shall use the remainder of the award to pay the costs associated with one or more of the following direct student services— ‘‘(A) enrollment and participation in academic courses not otherwise available at a student’s school, including— ‘‘(i) advanced courses; and ‘‘(ii) career and technical education coursework that— ‘‘(I) is aligned with the challenging State academic standards; and ‘‘(II) leads to industry-recognized credentials that meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); VerDate Sep 11 2014 07:20 Mar 11, 2016 Jkt 059139 PO 00095 Frm 00018 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL095.114 PUBL095 dkrause on DSKHT7XVN1PROD with PUBLAWS PUBLIC LAW 114–95—DEC. 10, 2015 129 STAT. 1819 ‘‘(B) credit recovery and academic acceleration courses that lead to a regular high school diploma; ‘‘(C) activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations; ‘‘(D) components of a personalized learning approach, which may include high-quality academic tutoring; and ‘‘(E) in the case of a local educational agency that does not reserve funds under section 1111(d)(1)(D)(v), transportation to allow a student enrolled in a school identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and ‘‘(4) in paying the costs associated with the direct student services described in paragraph (3), shall— ‘‘(A) first, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); ‘‘(B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 1111(d)(2); and ‘‘(C) with any remaining funds, pay such costs for other low-achieving students served by the local educational agency. ‘‘(d) APPLICATION.—A local educational agency desiring to receive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will— ‘‘(1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education; ‘‘(2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service; ‘‘(3) in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options; ‘‘(4) prioritize services to students who are lowest-achieving; ‘‘(5) select providers of direct student services, which may include one or more of— ‘‘(A) the local educational agency or other local educational agencies; ‘‘(B) community colleges or other institutions of higher education; ‘‘(C) non-public entities; ‘‘(D) community-based organizations; or ‘‘(E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and VerDate Sep 11 2014 07:20 Mar 11, 2016 Jkt 059139 PO 00095 Frm 00019 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL095.114 PUBL095 dkrause on DSKHT7XVN1PROD with PUBLAWS 129 STAT. 1820 PUBLIC LAW 114–95—DEC. 10, 2015 approved by the State and appear on the State’s list of such providers required under subsection (e)(2); ‘‘(6) monitor the provision of direct student services; and ‘‘(7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents. ‘‘(e) PROVIDERS AND SCHOOLS.—A State educational agency that reserves an amount under subsection (a) shall— ‘‘(1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents; ‘‘(2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that— ‘‘(A) is developed using a fair negotiation and rigorous selection and approval process; ‘‘(B) provides parents with meaningful choices; ‘‘(C) offers a range of tutoring models, including online and on campus; and ‘‘(D) includes only providers that— ‘‘(i) have a demonstrated record of success in increasing students’ academic achievement; ‘‘(ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and ‘‘(iii) provide instruction and content that is secular, neutral, and non-ideological; ‘‘(3) ensure that each local educational agency receiving an award is able to provide an adequate number of highquality academic tutoring options to ensure parents have a meaningful choice of services; ‘‘(4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and ‘‘(5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).’’. SEC. 1005. STATE PLANS. Section 1111 (20 U.S.C. 6311) is amended to read as follows: ‘‘SEC. 1111. 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 VerDate Sep 11 2014 07:20 Mar 11, 2016 Jkt 059139 PO 00095 Frm 00020 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL095.114 PUBL095 dkrause on DSKHT7XVN1PROD with PUBLAWS Sec. 1004 ESEA OF 1965 14 (B) community colleges or other institutions of higher education; (C) non-public entities; (D) community-based organizations; or (E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2); (6) monitor the provision of direct student services; and (7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents. (e) PROVIDERS AND SCHOOLS.—A State educational agency that reserves an amount under subsection (a) shall— (1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents; (2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that— (A) is developed using a fair negotiation and rigorous selection and approval process; (B) provides parents with meaningful choices; (C) offers a range of tutoring models, including online and on campus; and (D) includes only providers that— (i) have a demonstrated record of success in increasing students’ academic achievement; (ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and (iii) provide instruction and content that is secular, neutral, and non-ideological; (3) ensure that each local educational agency receiving an award is able to provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services; (4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and (5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2). SEC. 1004. ø20 U.S.C. 6304¿ STATE ADMINISTRATION. (a) IN GENERAL.—Except as provided in subsection (b), to carry out administrative duties assigned under parts A, C, and D of this title, each State may reserve the greater of— (1) 1 percent of the amounts received under such parts; or (2) $400,000 ($50,000 in the case of each outlying area). (b) EXCEPTION.—If the sum of the amounts appropriated for parts A, C, and D of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) VerDate Nov 24 2008 09:30 May 17, 2016 Jkt 000000 PO 00000 Frm 00014 Fmt 9001 Sfmt 9001 F:\COMP\EDII\EASEAO1.BEL HOLCPC May 17, 2016 F:\COMP\EDII\ELEMENTARY AND SECONDARY EDUCATION ACT OF 196....XML As Amended Through P.L. 114-95, Enacted December 10, 2015 15 Sec. 1111 ESEA OF 1965 shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the States for parts A, C, and D of this title. PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES Subpart 1—Basic Program Requirements SEC. 1111. ø20 U.S.C. 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 Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.). (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 section 8302. (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— VerDate Nov 24 2008 09:30 May 17, 2016 Jkt 000000 PO 00000 Frm 00015 Fmt 9001 Sfmt 9001 F:\COMP\EDII\EASEAO1.BEL HOLCPC May 17, 2016 F:\COMP\EDII\ELEMENTARY AND SECONDARY EDUCATION ACT OF 196....XML As Amended Through P.L. 114-95, Enacted December 10, 2015 129 STAT. 1820 PUBLIC LAW 114–95—DEC. 10, 2015 approved by the State and appear on the State’s list of such providers required under subsection (e)(2); ‘‘(6) monitor the provision of direct student services; and ‘‘(7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents. ‘‘(e) PROVIDERS AND SCHOOLS.—A State educational agency that reserves an amount under subsection (a) shall— ‘‘(1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents; ‘‘(2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that— ‘‘(A) is developed using a fair negotiation and rigorous selection and approval process; ‘‘(B) provides parents with meaningful choices; ‘‘(C) offers a range of tutoring models, including online and on campus; and ‘‘(D) includes only providers that— ‘‘(i) have a demonstrated record of success in increasing students’ academic achievement; ‘‘(ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and ‘‘(iii) provide instruction and content that is secular, neutral, and non-ideological; ‘‘(3) ensure that each local educational agency receiving an award is able to provide an adequate number of highquality academic tutoring options to ensure parents have a meaningful choice of services; ‘‘(4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and ‘‘(5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).’’. SEC. 1005. STATE PLANS. Section 1111 (20 U.S.C. 6311) is amended to read as follows: ‘‘SEC. 1111. 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 


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