SEC. 1011
PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
Section Summary
ESSA Update
SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1117, as redesignated by section 1000(3), <<NOTE: 20 USC
6320.>> is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
[[Page 129 STAT. 1872]]
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(c) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a
local educational agency shall--
``(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 section 1116.'';
(B) by striking paragraph (3) and inserting the
following:
``(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.'';
(C) by striking paragraph (4) and inserting the
following:
``(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
[[Page 129 STAT. 1873]]
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.''; and
(D) in paragraph (5), by striking ``agency'' and
inserting ``agency, or, in a case described in
subsection (b)(6)(C), the State educational agency
involved,'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``part,'' and inserting ``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'';
(ii) in subparagraph (E)--
(I) by striking ``and'' before ``the
proportion of funds'';
(II) by striking ``(a)(4)'' and
inserting ``(a)(4)(A)'' ; and
(III) by inserting ``, and how that
proportion of funds is determined''
after ``such services'';
(iii) in subparagraph (G), by striking ``and''
after the semicolon;
(iv) in subparagraph (H), by striking the
period at the end and inserting a semicolon; and
(v) by adding at the end the following:
``(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 section
8501(b)(1)to provide services to eligible private school
children participating in programs.'';
(B) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
[[Page 129 STAT. 1874]]
(C) by inserting after paragraph (1) the following:
``(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.'';
(D) in paragraph (5) (as redesignated by
subparagraph (B))--
(i) by inserting ``meaningful'' before
``consultation'' in the first sentence;
(ii) by inserting ``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.'' after ``occurred.''; and
(iii) by striking ``has taken place'' and
inserting ``has, or attempts at such consultation
have, taken place''; and
(E) in paragraph (6) (as redesignated by
subparagraph (B))--
(i) in subparagraph (A)--
(I) by striking ``right to complain
to'' and inserting ``right to file a
complaint with'';
(II) by inserting ``asserting''
after ``State educational agency'';
(III) by striking ``or'' before
``did not give due consideration''; and
(IV) by inserting ``, or did not
make a decision that treats the private
school students equitably as required by
this section'' before the period at the
end;
(ii) in subparagraph (B), by striking ``to
complain,'' and inserting ``to file a
complaint,''; and
(iii) by adding at the end the following:
``(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.'';
(3) in subsection (c)(2), by striking ``section 9505'' and
inserting ``section 8503''; and
(4) in subsection (e)(2), by striking ``sections 9503 and
9504'' and inserting ``sections 8503 and 8504''.
NCLB Text
`
``SEC. 1117. <<NOTE: 20 USC 6317.>> SCHOOL SUPPORT AND RECOGNITION.
``(a) System for Support.--
``(1) In general.--Each State shall establish a statewide
system of intensive and sustained support and improvement for
local educational agencies and schools receiving funds under
this part, in order to increase the opportunity for all students
served by those agencies and schools to meet the State's
academic content standards and student academic achievement
standards.
``(2) Priorities.--In carrying out this subsection, a State
shall--
``(A) first, provide support and assistance to local
educational agencies with schools subject to corrective
action under section 1116 and assist those schools, in
accordance with section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8) of section
1116(b);
``(B) second, provide support and assistance to
other local educational agencies with schools identified
as in need of improvement under section 1116(b); and
``(C) third, provide support and assistance to other
local educational agencies and schools participating
under this part that need that support and assistance in
order to achieve the purpose of this part.
``(3) Regional centers.--Such a statewide system shall, to
the extent practicable, work with and receive support and
assistance from the comprehensive regional technical assistance
centers and the regional educational laboratories under section
941(h) of the Educational Research, Development, Dissemination,
and Improvement Act of 1994, or other providers of technical
assistance.
``(4) Statewide system.--
``(A) In order to achieve the purpose described in
paragraph (1), the statewide system shall include, at a
minimum, the following approaches:
``(i) Establishing school support teams in
accordance with subparagraph (C) for assignment
to, and working in, schools in the State that are
described in paragraph (2).
``(ii) Providing such support as the State
educational agency determines necessary and
available in order to ensure the effectiveness of
such teams.
``(iii) Designating and using distinguished
teachers and principals who are chosen from
schools served under this part that have been
especially successful in improving academic
achievement.
``(iv) Devising additional approaches to
providing the assistance described in paragraph
(1), such as providing assistance through
institutions of higher education and educational
service agencies or other local consortia, and
private providers of scientifically based
technical assistance.
[[Page 115 STAT. 1499]]
``(B) Priority.--The State educational agency shall
give priority to the approach described in clause (i) of
subparagraph (A).
``(5) School support teams.--
``(A) Composition.--Each school support team
established under this section shall be composed of
persons knowledgeable about scientifically based
research and practice on teaching and learning and about
successful schoolwide projects, school reform, and
improving educational opportunities for low-achieving
students, including--
``(i) highly qualified or distinguished
teachers and principals;
``(ii) pupil services personnel;
``(iii) parents;
``(iv) representatives of institutions of
higher education;
``(v) representatives of regional educational
laboratories or comprehensive regional technical
assistance centers;
``(vi) representatives of outside consultant
groups; or
``(vii) other individuals as the State
educational agency, in consultation with the local
educational agency, may determine appropriate.
``(B) Functions.--Each school support team assigned
to a school under this section shall--
``(i) review and analyze all facets of the
school's operation, including the design and
operation of the instructional program, and assist
the school in developing recommendations for
improving student performance in that school;
``(ii) collaborate with parents and school
staff and the local educational agency serving the
school in the design, implementation, and
monitoring of a plan that, if fully implemented,
can reasonably be expected to improve student
performance and help the school meet its goals for
improvement, including adequate yearly progress
under section 1111(b)(2)(B);
``(iii) evaluate, at least semiannually, the
effectiveness of school personnel assigned to the
school, including identifying outstanding teachers
and principals, and make findings and
recommendations to the school, the local
educational agency, and, where appropriate, the
State educational agency; and
``(iv) make additional recommendations as the
school implements the plan described in clause
(ii) to the local educational agency and the State
educational agency concerning additional
assistance that is needed by the school or the
school support team.
``(C) Continuation of assistance.--After one school
year, from the beginning of the activities, such school
support team, in consultation with the local educational
agency, may recommend that the school support team
continue to provide assistance to the school, or that
the local educational agency or the State educational
agency, as
[[Page 115 STAT. 1500]]
appropriate, take alternative actions with regard to the
school.
``(b) State Recognition.--
``(1) Academic achievement awards program.--
``(A) In general.--Each State receiving a grant
under this part--
``(i) shall establish a program for making
academic achievement awards to recognize schools
that meet the criteria described in subparagraph
(B); and
``(ii) as appropriate and as funds are
available under subsection (c)(2)(A), may
financially reward schools served under this part
that meet the criteria described in clause (ii).
``(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
``(i) significantly closed the achievement gap
between the groups of students described in
section 1111(b)(2); or
``(ii) exceeded their adequate yearly
progress, consistent with section 1111(b)(2), for
2 or more consecutive years.
``(2) Distinguished schools.--Of those schools meeting the
criteria described in paragraph (2), each State shall designate
as distinguished schools those schools that have made the
greatest gains in closing the achievement gap as described in
subparagraph (B)(i) or exceeding adequate yearly progress as
described in subparagraph (B)(ii). Such distinguished schools
may serve as models for and provide support to other schools,
especially schools identified for improvement under section
1116, to assist such schools in meeting the State's academic
content standards and student academic achievement standards.
``(3) Awards to teachers.--A State program under paragraph
(1) may also recognize and provide financial awards to teachers
teaching in a school described in such paragraph that
consistently makes significant gains in academic achievement in
the areas in which the teacher provides instruction, or to
teachers or principals designated as distinguished under
subsection (a)(4)(A)(iii).
``(c) Funding.--
``(1) In general.--Each State--
``(A) shall use funds reserved under section 1003(a)
and may use funds made available under section 1003(g)
for the approaches described under subsection (a)(4)(A);
and
``(B) shall use State administrative funds
authorized under section 1004(a) to establish the
statewide system of support described under subsection
(a).
``(2) Reservations of funds by state.--
``(A) Awards program.--For the purpose of carrying
out subsection (b)(1), each State receiving a grant
under this part may reserve, from the amount (if any) by
which the funds received by the State under subpart 2
for a fiscal year exceed the amount received by the
State under that subpart for the preceding fiscal year,
not more than 5 percent of such excess amount.
[[Page 115 STAT. 1501]]
``(B) Teacher awards.--For the purpose of carrying
out subsection (b)(3), a State educational agency may
reserve such funds as necessary from funds made
available under section 2113.
``(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under subparagraph (A) by
a State for each fiscal year shall remain available to the State
until expended for a period not exceeding 3 years receipt of
funds.
``(4) Special allocation rule for schools in high-poverty
areas.--
``(A) In general.--Each State shall distribute not
less than 75 percent of any amount reserved under
paragraph (2)(A) for each fiscal year to schools
described in subparagraph (B), or to teachers in those
schools consistent with subsection (b)(3).
``(B) School described.--A school described in
subparagraph (A) is a school whose student population is
in the highest quartile of schools statewide in terms of
the percentage of children from low income families.
