Public Law 114–95: To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and

that allotments are of sufficient size to enable a local educational agency to effectively implement selected strategies;

suburban, rural, and urban local educational agencies;

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

local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2).

advanced courses; and

career and technical education coursework that—

have a demonstrated record of success in increasing students’ academic achievement;

comply with all applicable Federal, State, and local health, safety, and civil rights laws; and

provide instruction and content that is secular, neutral, and non-ideological;

establish a peer-review process to assist in the review of State plans;

establish multidisciplinary peer-review teams and appoint members of such teams—

“(I)

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;129 STAT. 1822

ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans;

approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi);

have the authority to disapprove a State plan only if—

“(I)

“(II)

maximize collaboration with each State;

promote effective implementation of the challenging State academic standards through State and local innovation; and

provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans.

remain in effect for the duration of the State’s participation under this part; and

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.

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.

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.

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.

apply to all public schools and public school students in the State; and

with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State.

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.

Nothing in this Act shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this paragraph.

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—

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).

are derived from the 4 recognized domains of speaking, listening, reading, and writing;

address the different proficiency levels of English learners; and

are aligned with the challenging State academic standards.

A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval.

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.

except as provided in subparagraph (D), be—

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;

be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing 129 STAT. 1826 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;

be of adequate technical quality for each purpose required under this Act 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;

(I)

“(II)

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;

provide for—

at the State’s discretion—129 STAT. 1827

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;

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;

enable results to be disaggregated within each State, local educational agency, and school by—

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;

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 129 STAT. 1828 students as indicated by the students’ achievement on assessment items; and

be developed, to the extent practicable, using the principles of universal design for learning.

such student takes the end-of-course assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics;

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); and

in high school, such student takes a mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that—

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—

“(II)

“(V)

“(VI)

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

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—

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.

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.

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.129 STAT. 1831

The assessments described in clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph (1)(F).

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.

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).

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—

To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall—

A local educational agency shall notify the parents of high school students served by the local educational agency—

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—

“(II)

In developing and administering computer adaptive assessments—

“(I)

“(II)

exclude—129 STAT. 1834

“(II)

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;129 STAT. 1835

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

how the State ensures that such minimum number is sufficient to not reveal any personally identifiable information.

for all students and separately for each subgroup of students in the State—

“(I)

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.

For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—

For public elementary schools and secondary schools that are not high schools in the State—

For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)—

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)

be based on all indicators in the State’s accountability system under subparagraph (B), for all students and for each of subgroup of students, consistent with the requirements of such subparagraph;

with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford—

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.

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—

at the discretion of the State, additional statewide categories of schools.

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).

For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—

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.129 STAT. 1838

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)—

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—

is informed by all indicators described in subsection (c)(4)(B), including student performance against State-determined long-term goals;

includes evidence-based interventions;

is based on a school-level needs assessment;

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;

is approved by the school, local educational agency, and State educational agency; and129 STAT. 1839

upon approval and implementation, is monitored and periodically reviewed by the State educational agency.

permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students—

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.

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.

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 section 1113(a)(3).

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.

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.

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.

notify each local educational agency in the State of any school served by the local educational 129 STAT. 1840 agency in which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); and

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).

is informed by all indicators described in subsection (c)(4)(B), including student performance against long-term goals;

includes evidence-based interventions;

is approved by the local educational agency prior to implementation of such plan;

is monitored, upon submission and implementation, by the local educational agency; and

results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency.

establish statewide exit criteria for—129 STAT. 1841

periodically review resource allocation to support school improvement in each local educational agency in the State serving—

provide technical assistance to each local educational agency in the State serving a significant number of—

take action to initiate additional improvement in any local educational agency with—

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).

add new requirements that are inconsistent with or outside the scope of this part;

add new criteria that are inconsistent with or outside the scope of this part; or

be in excess of statutory authority granted to the Secretary;

require a State to add any requirements that are inconsistent with or outside the scope of this part;

require a State to add or delete one or more specific elements of the challenging State academic standards; or

prescribe—

“(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

purports to be legally binding; or

incidences of bullying and harassment;129 STAT. 1844

the overuse of discipline practices that remove students from the classroom; and

the use of aversive behavioral interventions that compromise student health and safety;

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;

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;

the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and

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 (42 U.S.C. 11432(d)(3));

may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and

shall be presented in a manner that—

concise;

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

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).

A clear and concise description of the State’s accountability system under subsection (c), including—

“(IV)

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 section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).

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—

Information on the number and percentage of English learners achieving English language proficiency.

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.

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.

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.

Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), on—

“(II)

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—

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.

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.

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 (20 U.S.C. 9622(b)(3)), compared to the national average of such results.

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—

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 attaining career 129 STAT. 1850 and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c)).

reporting of any data that are not collected in accordance with section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1); or

disaggregation of any data other than as required under subsection (b)(2)(B)(xi).

concise;

presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and

accessible to the public, which shall include—

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;

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

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, 129 STAT. 1851 whether or not such information is included in the annual State report card.

identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and

implementing targeted support and improvement plans under subsection (d)(2); and

Inexperienced teachers.

Teachers teaching with emergency or provisional credentials.

Teachers who are not teaching in the subject or field for which the teacher is certified or licensed.

provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and

meets the requirements of this section.

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 section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)); and

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—

Whether the student’s teacher—

Whether the child is provided services by paraprofessionals and, if so, their qualifications.

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

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.

the subject matter assessed;129 STAT. 1858

the purpose for which the assessment is designed and used;

the source of the requirement for the assessment; and

where such information is available—

the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;

the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;

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;

how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;

how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;

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;

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 (20 U.S.C. 1414(d)); and129 STAT. 1859

information pertaining to parental rights that includes written guidance—

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—

“(II)

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 title III.

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

serve such eligible school attendance areas in rank order.

to identify eligible school attendance areas;

to determine the ranking of each area; and

to determine allocations under subsection (c).

the measure described under subparagraph (A); or

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.

conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and

a majority of such schools have approved the use of such measure.”

homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;

children in local institutions for neglected children; and

if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.

based on the total allocation received by the local educational agency; and

prior to any allowable expenditures or transfers by the local educational agency.

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 section 723(b)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433(b)(1)); and

used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—

particular children under this part as eligible to participate in a schoolwide program; or

individual services as supplementary.

provide opportunities for all children, including each of the subgroups of students (as defined in section 1111(c)(2)) to meet the challenging State academic standards;

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

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—

expanded learning time, before- and after-school programs, and summer programs and opportunities; and

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 (20 U.S.C. 1400 et seq.);

help provide an accelerated, high-quality curriculum;

minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and129 STAT. 1867

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.”

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);129 STAT. 1869

the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and

strategies to support successful school and family interactions;

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.129 STAT. 1870

Supporting programs that reach parents and family members at home, in the community, and at school.

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.

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.

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.”

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.

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.

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

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;

requested that the State educational agency provide such services directly; and

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.”

Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.

Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).129 STAT. 1880

Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to meet the State’s obligations under section 1111(b)(2)(F).

Ensuring the continued validity and reliability of State assessments.

Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.

Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.

At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments.

Developing or improving models to measure and assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of universal design for learning.

Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2).

Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.

Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned competencies in a competency-based education model.

Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation—

audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);

execute the State plan under subsection (e)(3)(D); and

award subgrants under subsection (f); and

execute the State plan under subsection (e)(3)(D); and

award subgrants under subsection (f).

the audit the State will carry out under subsection (e)(1); and

the stakeholder feedback the State will seek in designing such audit;

conduct a State assessment system audit as described in paragraph (3);

ensure that each local educational agency receiving funds under this section—129 STAT. 1882

report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.

the schedule for the administration of all State assessments;

for each State assessment—

feedback on such system from stakeholders, which shall include information such as—

a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as—

conduct an audit of local assessments under subsection (e)(1)(B)(i);

carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;

improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate;

hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;

provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and

improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners.

local assessment

State

$3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and

with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2).

A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).

In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of 129 STAT. 1885 the most recent satisfactory data) bears to the total number of such students in all States.

a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under subsection (e); and

consortia that include not more than 4 State educational agencies.129 STAT. 1886

with respect to each innovative assessment system—

each State with demonstration authority has demonstrated that—

to support State educational agencies with demonstration authority through technical assistance; and

to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subsection (d).

A demonstration that the innovative assessment system will—

“(v)

“(xi)

A description of how the State educational agency will—

“(x)

A description of the State educational agency’s plan to—

If the innovative assessment system will initially be administered in a subset of local educational agencies—129 STAT. 1890

“(iii)

the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and

determinations about whether an innovative assessment system—

individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and

individuals with experience implementing innovative assessment and accountability systems;

revise and resubmit such application within 60 days of the disapproval determination; and

submit additional evidence that the State’s application meets the requirements of subsection (c); and

If, after a State’s approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111.

Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that—

“(v)

the State has met all of the requirements of this section, except transition to full statewide use of the innovative assessment system; and

the State continues to comply with the other requirements of this section, and demonstrates a high-129 STAT. 1893 quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time.

summative assessments that—

effective supports for local educational agencies and school staff to implement innovative assessment systems;

effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development;

effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment system; and

standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State.

the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and

the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by

the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and

32 percent of the average per-pupil expenditure in the United States.

If, after”

The Secretary”

The Secretary”

measurable program objectives and outcomes;”

advocacy and other outreach activities for migratory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services;

professional development programs, including mentoring, for teachers and other program personnel;

family literacy programs;

the integration of information technology into educational and related programs; and

programs to facilitate the transition of secondary school students to postsecondary education or employment; and”

The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—129 STAT. 1899

in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or

in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.”

describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;”

provide assurances that the State educational agency has established—

note when a youth has come into contact with both the child welfare and juvenile justice systems; and

deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably available).”

may include—

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