Title Vlll - SEC. 8002. DEFINITIONS — Every Student Succeeds Act (ESSA)

Section Summary

ESSA

SEC. 8002. DEFINITIONS.

Section 8101, as redesignated and amended by section 8001 of this

Act, <<NOTE: 20 USC 7801.>> is further amended--

(1) by striking paragraphs (3), (11), (19), (23), (35),

(36), (37), and (42);

(2) by redesignating paragraphs (4), (5), (6), (7), (8),

(9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21),

(22), (24), (25), (26), (27), (28), (29), (30), (31), (32),

(33), (34), (38), (39), (41), and (43) as paragraphs (3), (4),

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18),

(19), (24), (26), (27), (29), (20), (30), (31), (34), (35),

(36), (38), (39), (41), (42), (45), (46), (49), and (50),

respectively, and by transferring such paragraph (20) (as so

redesignated) so as to follow such paragraph (19) (as so

redesignated);

(3) by striking paragraphs (11) and (12) (as so redesignated

by paragraph (2)) and inserting the following:

``(11) Covered program.--The term `covered program' means

each of the programs authorized by--

``(A) part A of title I;

``(B) part C of title I;

``(C) part D of title I;

``(D) part A of title II;

``(E) part A of title III;

``(F) part A of title IV;

``(G) part B of title IV; and

``(H) subpart 2 of part B of title V.

``(12) Current expenditures.--The term `current

expenditures' means expenditures for free public education--

[[Page 129 STAT. 2090]]

``(A) including expenditures for administration,

instruction, attendance and health services, pupil

transportation services, operation and maintenance of

plant, fixed charges, and net expenditures to cover

deficits for food services and student body activities;

but

``(B) not including expenditures for community

services, capital outlay, and debt service, or any

expenditures made from funds received under title I.'';

(4) by inserting after paragraph (14) (as so redesignated by

paragraph (2)) the following:

``(15) Dual or concurrent enrollment program.--The term

`dual or concurrent enrollment program' means a program offered

by a partnership between at least one institution of higher

education and at least one local educational agency through

which a secondary school student who has not graduated from high

school with a regular high school diploma is able to enroll in

one or more postsecondary courses and earn postsecondary credit

that--

``(A) is transferable to the institutions of higher

education in the partnership; and

``(B) applies toward completion of a degree or

recognized educational credential as described in the

Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

``(16) Early childhood education program.--The term `early

childhood education program' has the meaning given the term in

section 103 of the Higher Education Act of 1965 (20 U.S.C.

1003).

``(17) Early college high school.--The term `early college

high school' means a partnership between at least one local

educational agency and at least one institution of higher

education that allows participants to simultaneously complete

requirements toward earning a regular high school diploma and

earn not less than 12 credits that are transferable to the

institutions of higher education in the partnership as part of

an organized course of study toward a postsecondary degree or

credential at no cost to the participant or participant's

family.'';

(5) in paragraph (20) (as so redesignated and transferred by

paragraph (2))--

(A) in the paragraph heading, by striking ``Limited

english proficient'' and inserting ``English learner'';

(B) in the matter preceding subparagraph (A), by

striking ``limited English proficient'' and inserting

``English learner''; and

(C) in subparagraph (D)(i), by striking ``State's

proficient level of achievement on State assessments

described in section 1111(b)(3)'' and inserting

``challenging State academic standards'';

(6) by inserting after paragraph (20) (as so redesignated

and transferred by paragraph (2)), the following:

``(21) Evidence-based.--

``(A) In general.--Except as provided in

subparagraph (B), the term `evidence-based', when used

with respect to a State, local educational agency, or

school activity, means an activity, strategy, or

intervention that--

[[Page 129 STAT. 2091]]

``(i) demonstrates a statistically significant

effect on improving student outcomes or other

relevant outcomes based on--

``(I) strong evidence from at least

1 well-designed and well-implemented

experimental study;

``(II) moderate evidence from at

least 1 well-designed and well-

implemented quasi-experimental study; or

``(III) promising evidence from at

least 1 well-designed and well-

implemented correlational study with

statistical controls for selection bias;

or

``(ii)(I) demonstrates a rationale based on

high-quality research findings or positive

evaluation that such activity, strategy, or

intervention is likely to improve student outcomes

or other relevant outcomes; and

``(II) includes ongoing efforts to

examine the effects of such activity,

strategy, or intervention.

``(B) Definition for specific activities funded

under this act.--When used with respect to interventions

or improvement activities or strategies funded under

section 1003, the term `evidence-based' means a State,

local educational agency, or school activity, strategy,

or intervention that meets the requirements of subclause

(I), (II), or (III) of subparagraph (A)(i).

``(22) Expanded learning time.--The term `expanded learning

time' means using a longer school day, week, or year schedule to

significantly increase the total number of school hours, in

order to include additional time for--

``(A) activities and instruction for enrichment as

part of a well-rounded education; and

``(B) instructional and support staff to

collaborate, plan, and engage in professional

development (including professional development on

family and community engagement) within and across

grades and subjects.

``(23) Extended-year adjusted cohort graduation rate.--

``(A) In general.--The term `extended-year adjusted

cohort graduation rate' means the fraction--

``(i) the denominator of which consists of the

number of students who form the original cohort of

entering first-time students in grade 9 enrolled

in the high school no later than the date by which

student membership data must be collected annually

by State educational agencies for submission to

the National Center for Education Statistics under

section 153 of the Education Sciences Reform Act

of 2002 (20 U.S.C. 9543), adjusted by--

``(I) adding the students who joined

that cohort, after the date of the

determination of the original cohort;

and

``(II) subtracting only those

students who left that cohort, after the

date of the determination of the

original cohort, as described in

subparagraph (B); and

``(ii) the numerator of which--

[[Page 129 STAT. 2092]]

``(I) consists of the sum of--

``(aa) the number of

students in the cohort, as

adjusted under clause (i), who

earned a regular high school

diploma before, during, or at

the conclusion of--

``(AA) one or more

additional years beyond the

fourth year of high school;

or

``(BB) a summer session

immediately following the

additional year of high

school; and

``(bb) all students with the

most significant cognitive

disabilities in the cohort, as

adjusted under clause (i),

assessed using the alternate

assessment aligned to alternate

academic achievement standards

under section 1111(b)(2)(D) and

awarded a State-defined

alternate diploma that is--

``(AA) standards-based;

``(BB) aligned with the

State requirements for the

regular high school diploma;

and

``(CC) obtained within

the time period for which

the State ensures the

availability of a free

appropriate public education

under section 612(a)(1) of

the Individuals with

Disabilities Education Act

(20 U.S.C. 1412(a)(1)); and

``(II) shall not include any student

awarded a recognized equivalent of a

diploma, such as a general equivalency

diploma, certificate of completion,

certificate of attendance, or similar

lesser credential.

``(B) Cohort removal.--To remove a student from a

cohort, a school or local educational agency shall

require documentation, or obtain documentation from the

State educational agency, to confirm that the student

has transferred out, emigrated to another country, or

transferred to a prison or juvenile facility, or is

deceased.

``(C) Transferred out.--For purposes of this

paragraph, the term `transferred out' has the meaning

given the term in clauses (i), (ii), and (iii) of

paragraph (25)(C).

``(D) Special rules.--

``(i) Schools starting after grade 9.--For

those high schools that start after grade 9, the

original cohort shall be calculated for the

earliest high school grade students attend no

later than the date by which student membership

data is collected annually by State educational

agencies for submission to the National Center for

Education Statistics pursuant to section 153 of

the Education Sciences Reform Act of 2002 (20

U.S.C. 9543).

``(ii) Very small schools.--A State

educational agency may calculate the extended year

adjusted cohort graduation rate described under

this paragraph for a high school with an average

enrollment over a 4-year period of less than 100

students for the purposes of section 1111(c)(4)

by--

[[Page 129 STAT. 2093]]

``(I) averaging the extended-year

adjusted cohort graduation rate of the

school over a period of three years; or

``(II) establishing a minimum number

of students that must be included in the

cohort described in clause (i) of

subparagraph (A) that will provide a

valid graduation rate calculation as

determined by the Secretary, below which

the school shall be exempt from

differentiation and identification under

such section.'';

(7) by inserting after paragraph (24) (as so redesignated by

paragraph (2)) the following:

``(25) Four-year adjusted cohort graduation rate.--

``(A) In general.--The term `four-year adjusted

cohort graduation rate' means the fraction--

``(i) the denominator of which consists of the

number of students who form the original cohort of

entering first-time students in grade 9 enrolled

in the high school no later than the date by which

student membership data is collected annually by

State educational agencies for submission to the

National Center for Education Statistics pursuant

to section 153 of the Education Sciences Reform

Act of 2002 (20 U.S.C. 9543), adjusted by--

``(I) adding the students who joined

that cohort, after the date of the

determination of the original cohort;

and

``(II) subtracting only those

students who left that cohort, after the

date of the determination of the

original cohort, as described in

subparagraph (B); and

``(ii) the numerator of which--

``(I) consists of the sum of--

``(aa) the number of

students in the cohort, as

adjusted under clause (i), who

earned a regular high school

diploma before, during, or at

the conclusion of--

``(AA) the fourth year

of high school; or

``(BB) a summer session

immediately following the

fourth year of high school;

and

``(bb) all students with the

most significant cognitive

disabilities in the cohort, as

adjusted under clause (i),

assessed using the alternate

assessment aligned to alternate

academic achievement standards

under section 1111(b)(2)(D) and

awarded a State-defined

alternate diploma that is--

``(AA) standards-based;

``(BB) aligned with the

State requirements for the

regular high school diploma;

and

``(CC) obtained within

the time period for which

the State ensures the

availability of a free

appropriate public education

under section 612(a)(1) of

the

[[Page 129 STAT. 2094]]

Individuals with

Disabilities Education Act

(20 U.S.C. 1412(a)(1); and

``(II) shall not include any student

awarded a recognized equivalent of a

diploma, such as a general equivalency

diploma, certificate of completion,

certificate of attendance, or similar

lesser credential.

``(B) Cohort removal.--To remove a student from a

cohort, a school or local educational agency shall

require documentation, or obtain documentation from the

State educational agency, to confirm that the student

has transferred out, emigrated to another country, or

transferred to a prison or juvenile facility, or is

deceased.

``(C) Transferred out.--

``(i) In general.--For purposes of this

paragraph, the term `transferred out' means that a

student, as confirmed by the high school or local

educational agency in accordance with clause (ii),

has transferred to--

``(I) another school from which the

student is expected to receive a regular

high school diploma; or

``(II) another educational program

from which the student is expected to

receive a regular high school diploma or

an alternate diploma that meets the

requirements of subparagraph

(A)(ii)(I)(bb).

``(ii) Confirmation requirements.--

``(I) Documentation required.--The

confirmation of a student's transfer to

another school or educational program

described in clause (i) requires

documentation of such transfer from the

receiving school or program in which the

student enrolled.

``(II) Lack of confirmation.--A

student who was enrolled in a high

school, but for whom there is no

confirmation of the student having

transferred out, shall remain in the

adjusted cohort.

``(iii) Programs not providing credit.--Except

as provided in subparagraph (A)(ii)(I)(bb), a

student who is retained in grade or who is

enrolled in a program leading to a general

equivalency diploma, or other alternative

educational program that does not issue or provide

credit toward the issuance of a regular high

school diploma, shall not be considered

transferred out and shall remain in the adjusted

cohort.

``(D) Special rules.--

``(i) Schools starting after grade 9.--For

those high schools that start after grade 9, the

original cohort shall be calculated for the

earliest high school grade students attend no

later than the date by which student membership

data must be collected annually by State

educational agencies for submission to the

National Center for Education Statistics pursuant

to section 153 of the Education Sciences Reform

Act of 2002 (20 U.S.C. 9543).

``(ii) Very small schools.--A State

educational agency may calculate the four-year

adjusted cohort

[[Page 129 STAT. 2095]]

graduation rate described under this paragraph for

a high school with an average enrollment over a 4-

year period of less than 100 students for the

purposes of section 1111(c)(4) by--

``(I) averaging the four-year

adjusted cohort graduation rate of the

school over a period of three years; or

``(II) establishing a minimum number

of students that must be included in the

cohort described in clause (i) of

subparagraph (A) that will provide a

valid graduation rate calculation as

determined by the Secretary, below which

the school shall be exempt from

differentiation and identification under

such section.'';

(8) by inserting after paragraph (27) (as so redesignated by

paragraph (2)) the following:

``(28) High school.--The term `high school' means a

secondary school that--

``(A) grants a diploma, as defined by the State; and

``(B) includes, at least, grade 12.'';

(9) in paragraph (30) (as so redesignated by paragraph (2)),

in subparagraph (C)--

(A) by striking the subparagraph designation and

heading and inserting ``(C) bureau of indian education

schools.--''; and

(B) by striking ``Affairs'' both places the term

appears and inserting ``Education'';

(10) by inserting after paragraph (31) (as redesignated by

paragraph (2)) the following:

``(32) Middle grades.--The term middle grades means any of

grades 5 through 8.

``(33) Multi-tier system of supports.--The term `multi-tier

system of supports' means a comprehensive continuum of evidence-

based, systemic practices to support a rapid response to

students' needs, with regular observation to facilitate data-

based instructional decisionmaking.'';

(11) in paragraph (35) (as so redesignated by paragraph

(2)), by striking ``pupil services'' and inserting ``specialized

instructional support'';

(12) by striking paragraph (36) (as so redesignated by

paragraph (2)) and inserting the following:

``(36) Outlying area.--The term `outlying area'--

``(A) means American Samoa, the Commonwealth of the

Northern Mariana Islands, Guam, and the United States

Virgin Islands;

``(B) means the Republic of Palau, to the extent

permitted under section 105(f)(1)(B)(ix) of the Compact

of Free Association Amendments Act of 2003 (Public Law

108-188; 117 Stat. 2751) and until an agreement for the

extension of United States education assistance under

the Compact of Free Association becomes effective for

the Republic of Palau; and

``(C) for the purpose of any discretionary grant

program under this Act, includes the Republic of the

Marshall Islands and the Federated States of Micronesia,

to the

[[Page 129 STAT. 2096]]

extent permitted under section 105(f)(1)(B)(viii) of the

Compact of Free Association Amendments Act of 2003

(Public Law 108-188; 117 Stat. 2751).'';

(13) by inserting after paragraph (36) (as so redesignated

by paragraph (2)), the following:

``(37) Paraprofessional.--The term `paraprofessional', also

known as a `paraeducator', includes an education assistant and

instructional assistant.'';

(14) in paragraph (39) (as so redesignated by paragraph

(2))--

(A) in subparagraph (C), by inserting ``and'' after

the semicolon; and

(B) in subparagraph (D), by striking ``section

1118'' and inserting ``section 1116'';

(15) by inserting after paragraph (39) (as so redesignated

by paragraph (2)) the following:

``(40) Pay for success initiative.--The term `pay for

success initiative' means a performance-based grant, contract,

or cooperative agreement awarded by a public entity in which a

commitment is made to pay for improved outcomes that result in

social benefit and direct cost savings or cost avoidance to the

public sector. Such an initiative shall include--

``(A) a feasibility study on the initiative

describing how the proposed intervention is based on

evidence of effectiveness;

``(B) a rigorous, third-party evaluation that uses

experimental or quasi-experimental design or other

research methodologies that allow for the strongest

possible causal inferences to determine whether the

initiative has met its proposed outcomes;

``(C) an annual, publicly available report on the

progress of the initiative; and

``(D) a requirement that payments are made to the

recipient of a grant, contract, or cooperative agreement

only when agreed upon outcomes are achieved, except that

the entity may make payments to the third party

conducting the evaluation described in subparagraph

(B).'';

(16) by striking paragraph (42) (as so redesignated by

paragraph (2)) and inserting the following:

``(42) Professional development.--The term `professional

development' means activities that--

``(A) are an integral part of school and local

educational agency strategies for providing educators

(including teachers, principals, other school leaders,

specialized instructional support personnel,

paraprofessionals, and, as applicable, early childhood

educators) with the knowledge and skills necessary to

enable students to succeed in a well-rounded education

and to meet the challenging State academic standards;

and

``(B) are sustained (not stand-alone, 1-day, or

short term workshops), intensive, collaborative, job-

embedded, data-driven, and classroom-focused, and may

include activities that--

``(i) improve and increase teachers'--

``(I) knowledge of the academic

subjects the teachers teach;

``(II) understanding of how students

learn; and

[[Page 129 STAT. 2097]]

``(III) ability to analyze student

work and achievement from multiple

sources, including how to adjust

instructional strategies, assessments,

and materials based on such analysis;

``(ii) are an integral part of broad

schoolwide and districtwide educational

improvement plans;

``(iii) allow personalized plans for each

educator to address the educator's specific needs

identified in observation or other feedback;

``(iv) improve classroom management skills;

``(v) support the recruitment, hiring, and

training of effective teachers, including teachers

who became certified through State and local

alternative routes to certification;

``(vi) advance teacher understanding of--

``(I) effective instructional

strategies that are evidence-based; and

``(II) strategies for improving

student academic achievement or

substantially increasing the knowledge

and teaching skills of teachers;

``(vii) are aligned with, and directly related

to, academic goals of the school or local

educational agency;

``(viii) are developed with extensive

participation of teachers, principals, other

school leaders, parents, representatives of Indian

tribes (as applicable), and administrators of

schools to be served under this Act;

``(ix) are designed to give teachers of

English learners, and other teachers and

instructional staff, the knowledge and skills to

provide instruction and appropriate language and

academic support services to those children,

including the appropriate use of curricula and

assessments;

``(x) to the extent appropriate, provide

training for teachers, principals, and other

school leaders in the use of technology (including

education about the harms of copyright piracy), so

that technology and technology applications are

effectively used in the classroom to improve

teaching and learning in the curricula and

academic subjects in which the teachers teach;

``(xi) as a whole, are regularly evaluated for

their impact on increased teacher effectiveness

and improved student academic achievement, with

the findings of the evaluations used to improve

the quality of professional development;

``(xii) are designed to give teachers of

children with disabilities or children with

developmental delays, and other teachers and

instructional staff, the knowledge and skills to

provide instruction and academic support services,

to those children, including positive behavioral

interventions and supports, multi-tier system of

supports, and use of accommodations;

``(xiii) include instruction in the use of

data and assessments to inform and instruct

classroom practice;

[[Page 129 STAT. 2098]]

``(xiv) include instruction in ways that

teachers, principals, other school leaders,

specialized instructional support personnel, and

school administrators may work more effectively

with parents and families;

``(xv) involve the forming of partnerships

with institutions of higher education, including,

as applicable, Tribal Colleges and Universities as

defined in section 316(b) of the Higher Education

Act of 1965 (20 U.S.C. 1059c(b)), to establish

school-based teacher, principal, and other school

leader training programs that provide prospective

teachers, novice teachers, principals, and other

school leaders with an opportunity to work under

the guidance of experienced teachers, principals,

other school leaders, and faculty of such

institutions;

``(xvi) create programs to enable

paraprofessionals (assisting teachers employed by

a local educational agency receiving assistance

under part A of title I) to obtain the education

necessary for those paraprofessionals to become

certified and licensed teachers;

``(xvii) provide follow-up training to

teachers who have participated in activities

described in this paragraph that are designed to

ensure that the knowledge and skills learned by

the teachers are implemented in the classroom; and

``(xviii) where practicable, provide jointly

for school staff and other early childhood

education program providers, to address the

transition to elementary school, including issues

NCLB Text

Previously not included in NCLB.

Title Vlll - SEC. 8002. DEFINITIONS

SEC. 8002.

DEFINITIONS

Section Summary

ESSA

NCLB Text

Every Student Succeeds Act (ESSA)

ESSA Highlights

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