HR-5 : Still Just a Bill

Student Success Act

Authorizes FY2016-FY2021 appropriations for the programs under titles I, II, III, IV, and V of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by this Act.

Expresses the sense of Congress that states and local educational agencies (LEAs) should maintain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments.

TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

Replaces title I (Improving the Academic Achievement of the Disadvantaged) of the ESEA with a new title I (Aid to Local Educational Agencies).

Amends the education accountability requirements under part A of title I of the ESEA and places them in a new subpart 1 (Improving Basic Programs Operated by Local Educational Agencies) under part A (Improving the Academic Achievement of the Disadvantaged) of the ESEA.

Eliminates the requirement that LEAs and schools make adequate yearly progress toward state academic performance standards or be subject to specified improvements, corrective action, or restructuring.

Requires states to adopt academic content and achievement standards for mathematics, reading or language arts, and science that ensure that all their public school students graduate from high school fully prepared for postsecondary education or the workforce.

Requires states to implement a set of high-quality assessments of student progress toward those standards that measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and English learner subgroups. Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities.

Allows states to measure student growth toward those standards and to develop and administer computer adaptive assessments that measure student proficiency against, and growth toward, the standards for the student's grade level.

Requires education accountability efforts to include school improvement systems that require LEAs to implement interventions that address weaknesses in low-performing schools.

Prohibits the Secretary of Education from attempting to influence or coerce: (1) state adoption of the Common Core State Standards, any other standards common to a significant number of states, or assessments tied to such standards; or (2) state participation in any voluntary partnership with another state to develop and implement academic assessments and standards.

Amends school-wide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools in order to eliminate the requirement that such schools serve a high proportion of low-income families.

Allows nonprofit and for-profit external providers to deliver school wide reform strategies and elements of Targeted Assistance programs, which direct school improvement funds toward the children in a school that are failing or most at risk of failing.

Repeals provisions that established deadlines by which teachers in basic programs operated by LEAs must be highly qualified.

Requires states to designate an ombudsman to ensure that private school children receive educational services and benefits that are equitable to those received by public school children under subpart 1.

Authorizes states, to the extent permitted by state law, to allocate title I grant funds among their LEAs on the basis of the number of impoverished children enrolled in the public schools served by each LEA.

Strikes parts B (Student Reading Skills Improvement Grants), F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I of the ESEA.

Amends part C of the current title I and transfers it to a new subpart 2 (Education of Migratory Children) under part A of the ESEA.

Amends part D of the current title I and transfers it to a new subpart 3 (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk) under part A.

Amends part A of title III (Language Instruction for Limited English Proficient and Immigrant Students) and transfers it to a new subpart 4 (English Language Acquisition, Language Enhancement, and Academic Achievement) under part A.

Changes the current references to "limited English proficient students" to "English learners."

Amends requirements for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs under part C of title III and transfers them to subpart 4 under part A.

Amends part B (Rural Education Initiative) of title VI (Flexibility and Accountability) and transfers it to a new subpart 5 (Rural Education Achievement Program) under part A.

Gives states and LEAs flexibility in transferring funds among the programs under part A of title I.

Removes maintenance of effort requirements that require states and LEAs to maintain their education funding at certain levels in order to be eligible for federal education funds.

Amends part E (National Assessment) of title I and transfers it to a new part B of title I of the ESEA. Repeals the Demonstrations of Innovative Practices grant program and the Close Up Fellowship program.

Amends part I (General Provisions) of title I and transfers it to a new part C of title I of the ESEA.

TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

Replaces title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA with a new title II (Teacher Preparation and Effectiveness).

Directs the Secretary, under part A (Supporting Effective Instruction) of title II, to make formula grants to states and, through them, subgrants to LEAs that LEAs may use to:

• develop and implement a teacher evaluation system;
• implement a statewide teacher evaluation system their state is implementing;
• train school leaders or other individuals to evaluate teachers or school leaders;
• implement a statewide school leader evaluation system their state is implementing;
• develop and implement a school leader evaluation system if a statewide system is not being implemented;
• provide training to teachers and school leaders that is evidence-based, job-embedded, and continuous;
• partner with public or private organizations to develop and implement the teacher evaluation system or administer professional development;
• carry out activities under part B of title II; or
• reduce class size.

Directs the Secretary, under part B (Teacher and School Leader Flexible Grant) of title II, to make formula grants to states and, through them, competitive matching subgrants to LEAs, institutions of higher education, and business or nonprofit entities to develop, implement, and evaluate comprehensive programs and activities that may include:

• initiatives to assist in recruiting, hiring, and retaining highly effective teachers and school leaders;
• support for the establishment or expansion of teacher or school leader preparation academies;
• the recruitment of qualified individuals from other fields;
• model instructional programs;
• evidence-based, job embedded, continuous professional development for teachers and school leaders;
• programs that are based on the current science of learning; and
• recruiting and training teachers to teach dual credit, dual enrollment, Advanced Placement, or International Baccalaureate postsecondary-level courses to secondary school students.

Preserves the teacher liability protection provisions under part C (Innovation for Teacher Quality) of title II, but eliminates the other programs under part C.

Replaces part D (Enhancing Education through Technology) of title II with a new part D (General Provisions).

Requires LEAs receiving grants under title II to notify parents of the availability of the results of the evaluations of their children's teachers.

Treats charter schools as LEAs under title II.

TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Replaces title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA with a new title III (Parental Engagement and Local Flexibility).

Amends subparts 1 (Charter School Programs) and 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) of part B of title V (Promoting Informed Parental Choice and Innovative Programs) and moves them to a new subpart 1 (Charter School Program) under part A (Parental Engagement) of title III.

Replaces the current charter school grant program with a program awarding grants to state entities and, through them, subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools.

Allows charter schools to serve prekindergarten or postsecondary school students.

Amends part C of title V of the ESEA and transfers it to a new subpart 2 (Magnet Schools Assistance) of part A of title III.

Establishes a subpart 3 (Family Engagement in Education Programs) of part A of title III. Authorizes the Secretary to award grants to statewide organizations to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to states, LEA, schools, and organizations that support family engagement in education.

Establishes a part B (Local Academic Flexible Grant) of title III under which the Secretary shall allot funds to states for: (1) state activities that include developing state educational assessments and standards; (2) competitive grants to LEAs, community-based organizations, and businesses to improve student academic achievement through student support programs; and (3) competitive matching grants to nongovernmental entities to improve academic achievement.

TITLE IV--IMPACT AID

Replaces title IV (21st Century Schools) with the Impact Aid program currently under title VIII of the ESEA. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their areas.)

Amends the Impact Aid program to alter methods used and considerations made in determining whether LEAs are eligible for Impact Aid payments, as well as formulae used in determining the amounts they are owed.

Amends the Impact Aid Improvement Act of 2012 to make amendments that Act made to the Impact Aid program permanent, including the requirement that the Secretary complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation.

TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

Revises the programs currently under title VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA and places them under parts A (Indian Education), B (Alaska Native Education), and C (Native Hawaiian Education) of a new title V.

Establishes a new program under subpart 3 (National Activities) of part A requiring the Secretary to award grants to states, LEAs, and Indian entities for: (1) Native American language programs, and (2) Native American language restoration programs.

Omits from that subpart programs: (1) funding in-service training for teachers of Indian children, (2) awarding fellowships to Indian students, (3) establishing two centers for gifted and talented Indian students and demonstration projects addressing the needs of such students, and (4) supporting the improvement of educational opportunities for adult Indians.

Amends the Alaska Native Educational Equity, Support, and Assistance Act under part B to limit Alaska Native education grant activities to those provided specifically in the context of elementary and secondary education.

Amends the Native Hawaiian Education Act under part C to revise the duties and composition of the Native Hawaiian Education Council.

Includes charter schools as eligible recipients of Native Hawaiian Education program grants.

Removes the provision of scholarships for undergraduate or graduate studies from the list of authorized grant activities.

TITLE VI--GENERAL PROVISIONS FOR THE ACT

Replaces title VI (Flexibility and Accountability) of the ESEA with a new title VI (General Provisions). Amends title IX (General Provisions) and transfers it to the new title VI.

Requires the Secretary to establish a multi-disciplinary peer review team to review requests for waivers of statutory or regulatory requirements under the ESEA. Prohibits the Secretary from imposing new or additional requirements that are not specified in the ESEA on states, LEAs, or Indian tribes in exchange for the receipt of a waiver.

Prohibits states from considering payments under the ESEA, other than under title IV, in determining an LEA's eligibility for state aid or the amount of that aid.

Prohibits the federal government from mandating, directing, incentivizing, or controlling a state's, LEA's, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction.

Prohibits any state that opts out of receiving funds, or that has not been awarded funds, under one or more of the ESEA's programs from being required to carry out program requirements.

Prohibits the Secretary from: (1) imposing any requirements or exercising any authority over school administration not explicitly authorized under the ESEA, (2) issuing any regulations or non-regulatory guidance without first consulting with local stakeholders and fairly addressing their concerns, or (3) denying any LEA the right to object to any administrative requirement.

Establishes requirements regarding the peer review panels used under the ESEA to review program applications. Prohibits federal employees from participating in, or working to influence, the peer review process.

Makes a state or LEA ineligible for ESEA funds if it: (1) employs an individual who refuses to consent to, or makes a false statement in, a criminal background check, who is required to register as a sex offender, or who has been convicted of one of specified felonies; or (2) knowingly facilitates the transfer of an employee it knows or has probable cause to believe has engaged in sexual misconduct with a student.

Prohibits the Secretary from: (1) forcing a state to satisfy any requirement imposed as a condition of receiving assistance under an ESEA grant program, or (2) releasing assistance to a state under an ESEA grant program unless the state's legislature has expressly approved the program.

Prohibits ESEA funds that are not allocated to a state due to the state's failure to affirmatively agree to their receipt from being reallocated among the other states.

Expresses the intent of the Congress regarding the authority of states to control public education and the authority of parents to control their children's education.

Places the gun-free school requirements in part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA in the new title VI.

TITLE VII--HOMELESS EDUCATION

Amends the McKinney-Vento Homeless Assistance Act's program of grants to states and, through them, subgrants to LEAs for the education of homeless youth. Includes amendments that: (1) require student-centered factors to be considered before an LEA places a homeless youth in a school, (2) require schools to enroll homeless youth immediately despite missed application or enrollment deadlines, (3) protect the privacy of information about a homeless youth's living situation, and (4) focus on the identification of homeless youth. Authorizes appropriations for that program for FY2016-FY2021.

TITLE VIII--MISCELLANEOUS PROVISIONS

Expresses the sense of Congress that: (1) confidentiality agreements between LEAs or schools and suspected child sex abusers should be prohibited, (2) the practice of transferring employees after suspected or proven sexual misconduct should stop, (3) states should require LEAs and schools to report sexual conduct between an employee and a minor to law enforcement, and (4) Congress should work to protect children and stop these unacceptable practices in our schools.