(A) consist of structured guidance and regular and ongoing support for teachers, especially beginning teachers, that (i) are designed to help the teachers continue to improve their practice of teaching and to develop their instructional skills; and part of an ongoing developmental induction process (I) involve the assistance of an exemplary teacher and other appropriate individuals from a school, local educational agency, or institution of higher education; and (II) may include coaching, classroom observation, team teaching, and reduced teaching loads; and (B) may include the establishment of a partnership by a local educational agency with an institution of higher education, another local educational agency, a teacher organization, or another organization. (43) TECHNOLOGY.-The term "technology" means state-ofthe-art technology products and services. SEC. 9102. [20 U.S.C. 7802] APPLICABILITY OF TITLE. Parts B, C, D, and E of this title do not apply to title VIII of this Act. SEC. 9103. [20 U.S.C. 7803] APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS. For the purpose of any competitive program under this Act— (1) a consortium of schools operated by the Bureau of Indian Affairs; (2) a school operated under a contract or grant with the Bureau of Indian Affairs in consortium with another contract or grant school or a tribal or community organization; or (3) a Bureau of Indian Affairs school in consortium with an institution of higher education, a contract or grant school, or a tribal or community organization, shall be given the same consideration as a local educational agency. PART B-FLEXIBILITY IN THE USE OF SEC. 9201. [20 U.S.C. 7821] CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. (a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— (1) IN GENERAL.-A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate that the majority of its resources are derived from non-Federal sources. (2) APPLICABILITY.-This section applies to any program under this Act under which funds are authorized to be used for 1 So in law. The matter following subparagraph (A)(i), as amended by section 901 of Public Law 107-110 (115 Stat. 1965), should probably read "(ii) are part...”. administration, and such other programs as the Secretary may designate. (b) USE OF FUNDS.— (1) IN GENERAL.-A State educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection (a). (2) ADDITIONAL USES.-A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection (a), such as— (A) the coordination of those programs with other Federal and non-Federal programs; (B) the establishment and operation of peer-review mechanisms under this Act; (C) the administration of this title; (D) the dissemination of information regarding model programs and practices; (E) technical assistance under any program under this Act; (F) State-level activities designed to carry out this title; (G) training personnel engaged in audit and other monitoring activities; and (H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department. (c) RECORDS.-A State educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation under subsection (a). (d) REVIEW.-To determine the effectiveness of State administration under this section, the Secretary may periodically review the performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the Secretary finds appropriate to ensure the effectiveness of that administration. (e) UNUSED ADMINISTRATIVE FUNDS.-If a State educational agency does not use all of the funds available to the agency under this section for administration, the agency may use those funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection (a). (f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT DEVELOPMENT.-In order to develop challenging State academic standards and assessments, a State educational agency may consolidate the amounts described in subsection (a) for those purposes under title I. SEC. 9202. [20 U.S.C. 7822] SINGLE LOCAL EDUCATIONAL AGENCY STATES. A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, describe how the agency will eliminate duplication in conducting administrative functions. SEC. 9203. [20 U.S.C. 7823] CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. (a) GENERAL AUTHORITY.—In accordance with regulations of the Secretary and for any fiscal year, a local educational agency, with the approval of its State educational agency, may consolidate and use for the administration of one or more programs under this Act (or such other programs as the Secretary shall designate) not more than the percentage, established in each program, of the total available for the local educational agency under those programs. (b) STATE PROCEDURES.-Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational agency shall, in collaboration with local educational agencies in the State, establish procedures for responding to requests from local educational agencies to consolidate administrative funds under subsection (a) and for establishing limitations on the amount of funds under those programs that may be used for administration on a consolidated basis. (c) CONDITIONS.-A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolidation for administration for that fiscal year. (d) USES OF ADMINISTRATIVE FUNDS.-A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 9201(b)(2). (e) RECORDS.-A local educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation. SEC. 9204. [20 U.S.C. 7824] CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. (a) GENERAL AUTHORITY. (1) TRANSFER.-The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title VII, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. (2) AGREEMENT.— (A) IN GENERAL.-The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs. (B) CONTENTS.-The agreement shall (i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including measurable goals and objectives; and (ii) be developed in consultation with Indian tribes. (b) ADMINISTRATION.-The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. PART C-COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS SEC. 9301. [20 U.S.C. 7841] PURPOSES. (1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery; (2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and (3) to enhance the integration of programs under this Act with State and local programs. SEC. 9302. [20 U.S.C. 7842] OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. (a) GENERAL AUTHORITY.— (1) SIMPLIFICATION.-In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for (A) each of the covered programs in which the State participates; and (B) such other programs as the Secretary may designate. (2) CONSOLIDATED APPLICATIONS AND PLANS.-After consultation with the Governor, a State educational agency that submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which the consolidated State plan or consolidated State application under this section applies. (b) COLLABORATION. (1) IN GENERAL.-In establishing criteria and procedures under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers. (2) CONTENTS.-Through the collaborative process described in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application. (3) NECESSARY MATERIALS.-The Secretary shall require only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application. SEC. 9303. [20 U.S.C. 7843] CONSOLIDATED REPORTING. (a) IN GENERAL.-In order to simplify reporting requirements and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report. (b) CONTENTS.-The report shall contain information about the programs included in the report, including the performance of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities. (c) REPLACEMENT.-The report shall replace separate individual annual reports for the programs included in the consolidated State annual report. SEC. 9304. [20 U.S.C. 7844] GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. (a) ASSURANCES.-A State educational agency, in consultation with the Governor of the State, that submits a consolidated State plan or consolidated State application under this Act, whether separately or under section 9302, shall have on file with the Secretary a single set of assurances, applicable to each program for which the plan or application is submitted, that provides that (1) each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications; (2)(A) the control of funds provided under each such program and title to property acquired with program funds will be in a public agency, a nonprofit private agency, institution, or organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and (B) the public agency, nonprofit private agency, institution, or organization, or Indian tribe will administer those funds and property to the extent required by the authorizing law; (3) the State will adopt and use proper methods of administering each such program, including (A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; (B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and (C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs; (4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials; (5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and ac |