For the purposes of this section, the term “eligible entity” means—

For the purposes of this section, the term “eligible entity” means—

(A) a local educational agency; or

(B) a partnership between a nonprofit organization and— (i) one or more local educational agencies; or (ii) a consortium of schools.

(2) Program established From the total amount reserved under section 10001(c) of this title, the Secretary may reserve up to $650,000,000 to establish an Innovation Fund, which shall consist of academic achievement awards that recognize eligible entities that meet the requirements described in subsection (b).

The Secretary shall make awards to eligible entities in order to identify, document, and bring to scale innovative best practices based on demonstrated success, to allow such eligible entities to—

(A) expand their work and serve as models for best practices; and

(B) work in partnership with the private sector and the philanthropic community.

To be eligible for such an award, an eligible entity shall—

have significantly closed the achievement gaps between groups of students described in section 6311(b)(2) [1] of this title; or

(A) have significantly closed the achievement gaps between groups of students described in section 6311(b)(2) [1] of this title; or

(B) have demonstrated success in significantly increasing student academic achievement for all groups of students described in such section;

(2) have made significant improvement in other areas, such as graduation rates or increased recruitment and placement of high-quality teachers and school leaders, as demonstrated with meaningful data; and

(3) demonstrate that it has established one or more partnerships with the private sector, which may include philanthropic organizations, and that the private sector will provide matching funds in order to help bring results to scale.

In the case of an eligible entity that includes a nonprofit organization, the eligible entity shall be considered to have met the eligibility requirements of paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit organization has a record of significantly improving student achievement, attainment, or retention and shall be considered to have met the requirements of subsection (b)(3) if it demonstrates that it will meet the requirement relating to private-sector matching.

In the case of an eligible entity that is a partnership described in subsection (a)(1)(B), the partner serving as the fiscal agent may make subgrants to one or more of the other entities in the partnership.

(Pub. L. 111–5, div. A, title XIV, § 14007, Feb. 17, 2009, 123 Stat. 284; Pub. L. 111–117, div. D, title III, § 307, Dec. 16, 2009, 123 Stat. 3271.)