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SUPPORTING STATEMENT

FOR PAPERWORK REDUCTION ACT SUBMISSION

A. Justification 

1. Explain the circumstances that make the collection of information necessary. Identify any

legal or administrative requirements that necessitate the collection. Attach a hard copy of the 

appropriate section of each statute and regulation mandating or authorizing the collection of 

information, or you may provide a valid URL link or paste the applicable section1. Specify the 

review type of the collection (new, revision, extension, reinstatement with change, reinstatement 

without change). If revised, briefly specify the changes. If a rulemaking is involved, make note 

of the sections or changed sections, if applicable.

Equality of opportunity is a core American value. Equal educational opportunity means 

ensuring that schools have the resources they need to provide meaningful opportunities 

for all students to succeed, regardless of family income or race. To accomplish this goal, 

all students must have equitable access to a safe and healthy place to learn, high-quality 

instructional materials and supports, rigorous expectations and course work, and, most 

critically, excellent educators to guide learning. Yet, too often, students from lowincome families and students of color are less likely than their peers to attend a school 

staffed by excellent educators, and are more likely than their peers to attend a school 

staffed by inexperienced educators or educators rated as ineffective. These inequities are 

unacceptable, and it is essential that a priority be placed on working collaboratively to 

ensure that all children have access to the high-quality education they deserve, and that 

all educators have the resources and support they need to provide that education for all 

children.

In order to move America toward the goal of ensuring that every student in every public 

school has equitable access to excellent educators, Secretary Duncan announced in July

2014 that the U.S. Department of Education (Department) would ask each State 

educational agency (SEA) to submit a plan describing the steps it will take to ensure that 

“poor and minority children are not taught at higher rates than other children by

inexperienced, unqualified, or out-of-field teachers,” as required by section 1111(b)(8)(C) 

of the Elementary and Secondary Education Act of 1965 (ESEA) (hereinafter we use the 

term State Plan to mean only State Plans to Ensure Equitable Access to Excellent 

Educators.) . Title I, Part A of the ESEA also requires a State educational agency (SEA) 

that receives a Title I, Part A grant to submit to the Secretary a plan, developed by the 

 

1

Please limit pasted text to no longer than 3 paragraphs.
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SEA, in consultation with local educational agencies (LEAs), teachers, principals, pupil 

services personnel, administrators, other staff, and parents (ESEA section 1111(a)(1)). 

This is not the first time that SEAs, local educational agencies (LEAs), and the Federal 

government have grappled with this complex challenge. In response to the Department’s 

request, SEAs last submitted their State Plans under ESEA section 1111(b)(8)(C) in 

2006, and some SEAs have updated their State Plans since that time. Moreover, many 

SEAs and LEAs have significant work underway that goes beyond the scope of those 

previously submitted plans to address the problem of inequitable access. However, our 

continued collective failure to ensure that all students have access to excellent educators 

is squarely at odds with the commitment we all share to provide an equal educational 

opportunity. The time is right for a renewed commitment to address this challenge.

ED has developed the document titled State Plans to Ensure Equitable Access to 

Excellent Educators - Frequently Asked Questions to assist SEAs with submitting their 

State Plans, which includes information collection activities covered by the Paperwork 

Reduction Act (PRA). The information collection activities consist of the information an 

SEA must develop and submit to ED in their State Plans. 

This is a new, one time collection, and no rulemaking is involved.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new 

collection, indicate the actual use the agency has made of the information received from the 

current collection.

ED staff will evaluate each SEA’s State Plan to determine whether ED will approve the 

plan. ED staff will review the information in the State Plan to determine whether an SEA 

is meeting the ESEA requirement that a State have a plan “to ensure that poor and 

minority children are not taught at higher rates than other children by inexperienced, 

unqualified, or out-of-field teachers, and the measures that the [SEA] will use to evaluate 

and publicly report the progress of the [SEA] with respect to such steps” (ESEA section 

1111(b)(8)(C)).

3. Describe whether, and to what extent, the collection of information involves the use of 

automated, electronic, mechanical, or other technological collection techniques or forms of 

information technology, e.g. permitting electronic submission of responses, and the basis for the 

decision of adopting this means of collection. Also describe any consideration given to using 

technology to reduce burden.

State Plans may be submitted to ED by e-mail or in hard copy. In an effort to reduce 

administrative burdens, ED encourages submission by e-mail.
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4. Describe efforts to identify duplication. Show specifically why any similar information 

already available cannot be used or modified for use for the purposes described in Item 2 above.

There is no duplication in the collection. Currently there is no information collected that 

can be modified or used for the purposes described.

5. If the collection of information impacts small businesses or other small entities, describe any 

methods used to minimize burden. A small entity may be (1) a small business which is deemed 

to be one that is independently owned and operated and that is not dominant in its field of 

operation; (2) a small organization that is any not-for-profit enterprise that is independently

owned and operated and is not dominant in its field; or (3) a small government jurisdiction, 

which is a government of a city, county, town, township, school district, or special district with a 

population of less than 50,000.

This collection will not affect small entities.

6. Describe the consequences to Federal program or policy activities if the collection is not 

conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing 

burden.

The Department has not collected State Plans to ensure equitable access to excellent 

educators since 2006. These plans are outdated, and inequities remain. It is essential 

that a priority be placed on working collaboratively to ensure that all children have access 

to the high-quality education they deserve, and that all educators have the resources and 

support they need to provide that education for all children. Not collecting the plans 

would miss this opportunity to pursue an important Federal policy priority. 

7. Explain any special circumstances that would cause an information collection to be conducted 

in a manner:

 requiring respondents to report information to the agency more often than quarterly;

 requiring respondents to prepare a written response to a collection of information in 

fewer than 30 days after receipt of it;

 requiring respondents to submit more than an original and two copies of any document;
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 requiring respondents to retain records, other than health, medical, government contract, 

grant-in-aid, or tax records for more than three years;

 in connection with a statistical survey, that is not designed to produce valid and reliable 

results than can be generalized to the universe of study;

 requiring the use of a statistical data classification that has not been reviewed and 

approved by OMB;

 that includes a pledge of confidentiality that is not supported by authority established in 

statute or regulation, that is not supported by disclosure and data security policies that are 

consistent with the pledge, or that unnecessarily impedes sharing of data with other 

agencies for compatible confidential use; or

 requiring respondents to submit proprietary trade secrets, or other confidential

information unless the agency can demonstrate that it has instituted procedures to protect 

the information’s confidentiality to the extent permitted by law.

None of these special circumstances apply to this collection.

8. As applicable, state that the Department has published the 60 and 30 Federal Register notices 

as required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to 

submission to OMB. Summarize public comments received in response to that notice and 

describe actions taken by the agency in response to these comments. Specifically address 

comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the 

availability of data, frequency of collection, the clarity of instruction and record keeping, 

disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or 

reported.

Consultation with representatives of those from whom information is to be obtained or those 

who must compile records should occur at least once every 3 years – even if the collection of 

information activity is the same as in prior periods. There may be circumstances that may

preclude consultation in a specific situation. These circumstances should be explained.

Because this is a collection on an existing requirement under section 1111(8)(c) of the 

ESEA, the Department does not have to provide an opportunity for public comment 

period through the Federal Register. However, through this information collection, the 

Department seeks regular approval of the information collection activities associated with

State Plans to Ensure Equitable Access to Excellent Educators. Therefore, the public 

will have the opportunity to comment during the 60-day period for the regular approval. 

This information collection is consistent with the statutory requirements under Title I, 

Part A of the ESEA. 
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9. Explain any decision to provide any payment or gift to respondents, other than remuneration 

of contractors or grantees with meaningful justification.

No payments or gifts to respondents have been made.

10. Describe any assurance of confidentiality provided to respondents and the basis for the 

assurance in statute, regulation, or agency policy. If personally identifiable information (PII) is 

being collected, a Privacy Act statement should be included on the instrument. Please provide a 

citation for the Systems of Record Notice and the date a Privacy Impact Assessment was 

completed as indicated on the IC Data Form. A confidentiality statement with a legal citation that 

authorizes the pledge of confidentiality should be provided.2If the collection is subject to the 

Privacy Act, the Privacy Act statement is deemed sufficient with respect to confidentiality. If 

there is no expectation of confidentiality, simply state that the Department makes no pledge 

about the confidentially of the data.

There is no assurance of confidentiality.

11. Provide additional justification for any questions of a sensitive nature, such as sexual 

behavior and attitudes, religious beliefs, and other matters that are commonly considered private. 

The justification should include the reasons why the agency considers the questions necessary, 

the specific uses to be made of the information, the explanation to be given to persons from 

whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

 Indicate the number of respondents by affected public type (federal government, 

individuals or households, private sector – businesses or other for-profit, private 

sector – not-for-profit institutions, farms, state, local or tribal governments), 

frequency of response, annual hour burden, and an explanation of how the burden was 

estimated, including identification of burden type: recordkeeping, reporting or third 

party disclosure. All narrative should be included in item 12. Unless directed to do 

so, agencies should not conduct special surveys to obtain information on which to 

 

2

Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974, 

OMB Circular A-108 – Privacy Act Implementation – Guidelines and Responsibilities, OMB Circular A-130 

Appendix I – Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M-03-22 – OMB 

Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, OMB M-06-15 –

Safeguarding Personally Identifiable Information, OM:6-104 – Privacy Act of 1974 (Collection, Use and Protection 

of Personally Identifiable Information)
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base hour burden estimates. Consultation with a sample (fewer than 10) of potential 

respondents is desirable. If the hour burden on respondents is expected to vary widely 

because of differences in activity, size, or complexity, show the range of estimated 

hour burden, and explain the reasons for the variance. Generally, estimates should 

not include burden hours for customary and usual business practices.

 If this request for approval covers more than one form, provide separate hour burden 

estimates for each form and aggregate the hour burdens in the ROCIS IC Burden 

Analysis Table. (The table should at minimum include Respondent types, IC activity, 

Respondent and Responses, Hours/Response, and Total Hours)

 Provide estimates of annualized cost to respondents of the hour burdens for 

collections of information, identifying and using appropriate wage rate categories. 

The cost of contracting out or paying outside parties for information collection 

activities should not be included here. Instead, this cost should be included in Item 

14.

The table below shows the average estimated SEA burden for the information collection 

activities identified in Q1. ED anticipates that many SEAs will be able to modify plans 

that their States developed in 2006 and that this existing information available to SEAs 

will help make the burden lower than it otherwise would have been. Under this collection 

of State Plans, SEAs will need ensure that the State Plans meet the requirements detailed 

in question A-1 of the guidance titled, State Plans to Ensure Equitable Access to 

Excellent Educators - Frequently Asked Questions.

State Educational Agency Estimate

Activity

Number of 

SEA 

Requests Hours/Activity Hours Cost/Hour Cost

Develop and 

submit State 

Plan 52 116 6,032 $30 $180,960

13. Provide an estimate of the total annual cost burden to respondents or record keepers 

resulting from the collection of information. (Do not include the cost of any hour burden shown 

in Items 12 and 14.)

 The cost estimate should be split into two components: (a) a total capital and start-up cost 

component (annualized over its expected useful life); and (b) a total operation and 
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maintenance and purchase of services component. The estimates should take into account 

costs associated with generating, maintaining, and disclosing or providing the 

information. Include descriptions of methods used to estimate major cost factors 

including system and technology acquisition, expected useful life of capital equipment, 

the discount rate(s), and the time period over which costs will be incurred. Capital and 

start-up costs include, among other items, preparations for collecting information such as 

purchasing computers and software; monitoring, sampling, drilling and testing 

equipment; and acquiring and maintaining record storage facilities.

 If cost estimates are expected to vary widely, agencies should present ranges of cost 

burdens and explain the reasons for the variance. The cost of contracting out information 

collection services should be a part of this cost burden estimate. In developing cost 

burden estimates, agencies may consult with a sample of respondents (fewer than 10), 

utilize the 60-day pre-OMB submission public comment process and use existing 

economic or regulatory impact analysis associated with the rulemaking containing the 

information collection, as appropriate.

 Generally, estimates should not include purchases of equipment or services, or portions 

thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with 

requirements not associated with the information collection, (3) for reasons other than to 

provide information or keep records for the government or (4) as part of customary and 

usual business or private practices. Also, these estimates should not include the hourly

costs (i.e., the monetization of the hours) captured above in Item 12

Total Annualized Capital/Startup Cost : 

Total Annual Costs (O&M) : 

____________________

Total Annualized Costs Requested : 

There are no costs that (a) meet the criteria for inclusion under this item and (b) have not 

been addressed in either item #12 or #14.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description 

of the method used to estimate cost, which should include quantification of hours, operational 

expenses (such as equipment, overhead, printing, and support staff), and any other expense that 

would not have been incurred without this collection of information. Agencies also may

aggregate cost estimates from Items 12, 13, and 14 in a single table.

The Federal costs will involve reviewing State Plans. We estimate a cost of $24,913 to 

review and respond to the State Plans based on past experience with similar activities. 

15. Explain the reasons for any program changes or adjustments. Generally, adjustments in 

burden result from re-estimating burden and/or from economic phenomenon outside of an 

agency’s control (e.g., correcting a burden estimate or an organic increase in the size of the 
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reporting universe). Program changes result from a deliberate action that materially changes a 

collection of information and generally are result of new statute or an agency action (e.g., 

changing a form, revising regulations, redefining the respondent universe, etc.). Burden changes 

should be disaggregated by type of change (i.e., adjustment, program change due to new statute, 

and/or program change due to agency discretion), type of collection (new, revision, extension, 

reinstatement with change, reinstatement without change) and include totals for changes in 

burden hours, responses and costs (if applicable).

This request is for a new collection. No changes or adjustments are requested.

16. For collections of information whose results will be published, outline plans for tabulation 

and publication. Address any complex analytical techniques that will be used. Provide the time 

schedule for the entire project, including beginning and ending dates of the collection of 

information, completion of report, publication dates, and other actions.

The plans will be published online but there are no plans to publish aggregate results of 

this data collection. 

17. If seeking approval to not display the expiration date for OMB approval of the information 

collection, explain the reasons that display would be inappropriate.

No request is being made to not display the expiration date for OMB approval of the 

information collection.

18. Explain each exception to the certification statement identified in the Certification of 

Paperwork Reduction Act.

There are no exceptions to the referenced certification statement.
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APPENDIX: Applicable Statutes

Title I, Part A, Elementary and Secondary Education Act of 1965 

SEC. 1111(a). STATE PLANS.

(a) PLANS REQUIRED-

(1) IN GENERAL- For any State desiring to receive a grant under this part, the State 

educational agency shall submit to the Secretary a plan, developed by the State educational 

agency, in consultation with local educational agencies, teachers, principals, pupil services 

personnel, administrators (including administrators of programs described in other parts of 

this title), other staff, and parents, that satisfies the requirements of this section and that is 

coordinated with other programs under this Act, the Individuals with Disabilities Education

Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, the Head Start Act, 

the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance 

Act.

(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may be submitted 

as part of a consolidated plan under section 9302.

(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY-

(1) CHALLENGING ACADEMIC STANDARDS-

(A) IN GENERAL- Each State plan shall demonstrate that the State has adopted 

challenging academic content standards and challenging student academic 

achievement standards that will be used by the State, its local educational agencies, 

and its schools to carry out this part, except that a State shall not be required to 

submit such standards to the Secretary.

(B) SAME STANDARDS- The academic standards required by subparagraph (A) 

shall be the same academic standards that the State applies to all schools and children 

in the State.

(C) SUBJECTS- The State shall have such academic standards for all public 

elementary school and secondary school children, including children served under 

this part, in subjects determined by the State, but including at least mathematics, 

reading or language arts, and (beginning in the 2005-2006 school year) science, 

which shall include the same knowledge, skills, and levels of achievement expected 

of all children.

(D) CHALLENGING ACADEMIC STANDARDS- Standards under this paragraph 

shall include —

(i) challenging academic content standards in academic subjects that —

(I) specify what children are expected to know and be able to do;

(II) contain coherent and rigorous content; and

(III) encourage the teaching of advanced skills; and

(ii) challenging student academic achievement standards that —

(I) are aligned with the State's academic content standards;
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(II) describe two levels of high achievement (proficient and 

advanced) that determine how well children are mastering the 

material in the State academic content standards; and

(III) describe a third level of achievement (basic) to provide 

complete information about the progress of the lower-achieving 

children toward mastering the proficient and advanced levels of 

achievement.

(E) INFORMATION- For the subjects in which students will be served under this 

part, but for which a State is not required by subparagraphs (A), (B), and (C) to 

develop, and has not otherwise developed, such academic standards, the State plan 

shall describe a strategy for ensuring that students are taught the same knowledge 

and skills in such subjects and held to the same expectations as are all children.

(F) EXISTING STANDARDS- Nothing in this part shall prohibit a State from 

revising, consistent with this section, any standard adopted under this part before or 

after the date of enactment of the No Child Left Behind Act of 2001.

(2) ACCOUNTABILITY-

(A) IN GENERAL- Each State plan shall demonstrate that the State has developed 

and is implementing a single, statewide State accountability system that will be 

effective in ensuring that all local educational agencies, public elementary schools, 

and public secondary schools make adequate yearly progress as defined under this 

paragraph. Each State accountability system shall--

(i) be based on the academic standards and academic assessments adopted 

under paragraphs (1) and (3), and other academic indicators consistent with 

subparagraph (C)(vi) and (vii), and shall take into account the achievement 

of all public elementary school and secondary school students;

(ii) be the same accountability system the State uses for all public 

elementary schools and secondary schools or all local educational agencies 

in the State, except that public elementary schools, secondary schools, and 

local educational agencies not participating under this part are not subject to 

the requirements of section 1116; and

(iii) include sanctions and rewards, such as bonuses and recognition, the 

State will use to hold local educational agencies and public elementary 

schools and secondary schools accountable for student achievement and for 

ensuring that they make adequate yearly progress in accordance with the 

State's definition under subparagraphs (B) and (C).

(B) ADEQUATE YEARLY PROGRESS- Each State plan shall demonstrate, based 

on academic assessments described in paragraph (3), and in accordance with this 

paragraph, what constitutes adequate yearly progress of the State, and of all public 

elementary schools, secondary schools, and local educational agencies in the State, 

toward enabling all public elementary school and secondary school students to meet 

the State's student academic achievement standards, while working toward the goal 

of narrowing the achievement gaps in the State, local educational agencies, and 

schools.
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(C) DEFINITION- Adequate yearly progress' shall be defined by the State in a 

manner that--

(i) applies the same high standards of academic achievement to all public 

elementary school and secondary school students in the State;

(ii) is statistically valid and reliable;

(iii) results in continuous and substantial academic improvement for all 

students;

(iv) measures the progress of public elementary schools, secondary schools 

and local educational agencies and the State based primarily on the academic 

assessments described in paragraph (3);

(v) includes separate measurable annual objectives for continuous and 

substantial improvement for each of the following:

(I) The achievement of all public elementary school and secondary 

school students.

(II) The achievement of--

(aa) economically disadvantaged students;

(bb) students from major racial and ethnic groups;

(cc) students with disabilities; and

(dd) students with limited English proficiency;

except that disaggregation of data under subclause

(II) shall not be required in a case in which the number of students 

in a category is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable information about 

an individual student;

(vi) in accordance with subparagraph (D), includes graduation rates for 

public secondary school students (defined as the percentage of students who 

graduate from secondary school with a regular diploma in the standard 

number of years) and at least one other academic indicator, as determined by 

the State for all public elementary school students; and

(vii) in accordance with subparagraph (D), at the State's discretion, may also 

include other academic indicators, as determined by the State for all public 

school students, measured separately for each group described in clause (v), 

such as achievement on additional State or locally administered assessments, 

decreases in grade-to-grade retention rates, attendance rates, and changes in 

the percentages of students completing gifted and talented, advanced 

placement, and college preparatory courses.

(D) REQUIREMENTS FOR OTHER INDICATORS- In carrying out subparagraph 

(C)(vi) and (vii), the State--

(i) shall ensure that the indicators described in those provisions are valid and 

reliable, and are consistent with relevant, nationally recognized professional 

and technical standards, if any; and

(ii) except as provided in subparagraph (I)(i), may not use those indicators to 

reduce the number of, or change, the schools that would otherwise be subject 
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to school improvement, corrective action, or restructuring under section 

1116 if those additional indicators were not used, but may use them to 

identify additional schools for school improvement or in need of corrective 

action or restructuring.

(E) STARTING POINT- Each State, using data for the 2001-2002 school year, shall 

establish the starting point for measuring, under subparagraphs (G) and (H), the 

percentage of students meeting or exceeding the State's proficient level of academic 

achievement on the State assessments under paragraph (3) and pursuant to the 

timeline described in subparagraph (F). The starting point shall be, at a minimum, 

based on the higher of the percentage of students at the proficient level who are in--

(i) the State's lowest achieving group of students described in subparagraph 

(C)(v)(II); or

(ii) the school at the 20th percentile in the State, based on enrollment, among 

all schools ranked by the percentage of students at the proficient level.

(F) TIMELINE- Each State shall establish a timeline for adequate yearly progress. 

The timeline shall ensure that not later than 12 years after the end of the 2001-2002 

school year, all students in each group described in subparagraph (C)(v) will meet or 

exceed the State's proficient level of academic achievement on the State assessments 

under paragraph (3).

(G) MEASURABLE OBJECTIVES- Each State shall establish statewide annual 

measurable objectives, pursuant to subparagraph (C)(v), for meeting the 

requirements of this paragraph, and which--

(i) shall be set separately for the assessments of mathematics and reading or 

language arts under subsection (a)(3);

(ii) shall be the same for all schools and local educational agencies in the 

State;

(iii) shall identify a single minimum percentage of students who are required 

to meet or exceed the proficient level on the academic assessments that 

applies separately to each group of students described in subparagraph 

(C)(v);

(iv) shall ensure that all students will meet or exceed the State's proficient 

level of academic achievement on the State assessments within the State's 

timeline under subparagraph (F); and

(v) may be the same for more than 1 year, subject to the requirements of 

subparagraph (H).

(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY PROGRESS- Each State 

shall establish intermediate goals for meeting the requirements, including the 

measurable objectives in subparagraph (G), of this paragraph and that shall--

(i) increase in equal increments over the period covered by the State's 

timeline under subparagraph (F);

(ii) provide for the first increase to occur in not more than 2 years; and

(iii) provide for each following increase to occur in not more than 3 years.
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(I) ANNUAL IMPROVEMENT FOR SCHOOLS- Each year, for a school to make 

adequate yearly progress under this paragraph--

(i) each group of students described in subparagraph (C)(v) must meet or 

exceed the objectives set by the State under subparagraph (G), except that if 

any group described in subparagraph (C)(v) does not meet those objectives 

in any particular year, the school shall be considered to have made adequate 

yearly progress if the percentage of students in that group who did not meet 

or exceed the proficient level of academic achievement on the State 

assessments under paragraph (3) for that year decreased by 10 percent of 

that percentage from the preceding school year and that group made progress 

on one or more of the academic indicators described in subparagraph (C)(vi) 

or (vii); and

(ii) not less than 95 percent of each group of students described in 

subparagraph (C)(v) who are enrolled in the school are required to take the 

assessments, consistent with paragraph (3)(C)(xi) and with accommodations, 

guidelines, and alternative assessments provided in the same manner as 

those provided under section 612(a)(17)(A) of the Individuals with 

Disabilities Education Act and paragraph (3), on which adequate yearly 

progress is based (except that the 95 percent requirement described in this 

clause shall not apply in a case in which the number of students in a category 

is insufficient to yield statistically reliable information or the results would 

reveal personally identifiable information about an individual student).

(J) UNIFORM AVERAGING PROCEDURE- For the purpose of determining 

whether schools are making adequate yearly progress, the State may establish a 

uniform procedure for averaging data which includes one or more of the following:

(i) The State may average data from the school year for which the 

determination is made with data from one or two school years immediately 

preceding that school year.

(ii) Until the assessments described in paragraph (3) are administered in such 

manner and time to allow for the implementation of the uniform procedure 

for averaging data described in clause (i), the State may use the academic 

assessments that were required under paragraph (3) as that paragraph was in 

effect on the day preceding the date of enactment of the No Child Left 

Behind Act of 2001, provided that nothing in this clause shall be construed 

to undermine or delay the determination of adequate yearly progress, the 

requirements of section 1116, or the implementation of assessments under 

this section.

(iii) The State may use data across grades in a school.

(K) ACCOUNTABILITY FOR CHARTER SCHOOLS- The accountability 

provisions under this Act shall be overseen for charter schools in accordance with 

State charter school law.

(3) ACADEMIC ASSESSMENTS-
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(A) IN GENERAL- Each State plan shall demonstrate that the State educational 

agency, in consultation with local educational agencies, has implemented a set of 

high-quality, yearly student academic assessments that include, at a minimum, 

academic assessments in mathematics, reading or language arts, and science that will 

be used as the primary means of determining the yearly performance of the State and 

of each local educational agency and school in the State in enabling all children to 

meet the State's challenging student academic achievement standards, except that no 

State shall be required to meet the requirements of this part relating to science 

assessments until the beginning of the 2007-2008 school year.

(B) USE OF ASSESSMENTS- Each State educational agency may incorporate the 

data from the assessments under this paragraph into a State-developed longitudinal 

data system that links student test scores, length of enrollment, and graduation 

records over time.

(C) REQUIREMENTS- Such assessments shall--

(i) be the same academic assessments used to measure the achievement of all 

children;

(ii) be aligned with the State's challenging academic content and student 

academic achievement standards, and provide coherent information about 

student attainment of such standards;

(iii) be used for purposes for which such assessments are valid and reliable, 

and be consistent with relevant, nationally recognized professional and 

technical standards;

(iv) be used only if the State educational agency provides to the Secretary 

evidence from the test publisher or other relevant sources that the 

assessments used are of adequate technical quality for each purpose required 

under this Act and are consistent with the requirements of this section, and 

such evidence is made public by the Secretary upon request;

(v)(I) except as otherwise provided for grades 3 through 8 under clause vii, 

measure the proficiency of students in, at a minimum, mathematics and 

reading or language arts, and be administered not less than once during--

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(II) beginning not later than school year 2007-2008, measure the proficiency 

of all students in science and be administered not less than one time during--

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(vi) involve multiple up-to-date measures of student academic achievement, 

including measures that assess higher-order thinking skills and 

understanding;

(vii) beginning not later than school year 2005-2006, measure the 

achievement of students against the challenging State academic content and 
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student academic achievement standards in each of grades 3 through 8 in, at 

a minimum, mathematics, and reading or language arts, except that the 

Secretary may provide the State 1 additional year if the State demonstrates 

that exceptional or uncontrollable circumstances, such as a natural disaster 

or a precipitous and unforeseen decline in the financial resources of the 

State, prevented full implementation of the academic assessments by that 

deadline and that the State will complete implementation within the 

additional 1-year period;

(viii) at the discretion of the State, measure the proficiency of students in 

academic subjects not described in clauses (v), (vi), (vii) in which the State 

has adopted challenging academic content and academic achievement

standards;

(ix) provide for—

(I) the participation in such assessments of all students;

(II) the reasonable adaptations and accommodations for students 

with disabilities (as defined under section 602(3) of the Individuals 

with Disabilities Education Act) necessary to measure the academic 

achievement of such students relative to State academic content and 

State student academic achievement standards; and

(III) the inclusion of limited English proficient students, who shall 

be assessed in a valid and reliable manner and provided reasonable 

accommodations on assessments administered to such students 

under this paragraph, including, to the extent practicable, 

assessments in the language and form most likely to yield accurate 

data on what such students know and can do in academic content 

areas, until such students have achieved English language 

proficiency as determined under paragraph (7);

(x) notwithstanding subclause (III), the academic assessment (using tests 

written in English) of reading or language arts of any student who has 

attended school in the United States (not including Puerto Rico) for three or 

more consecutive school years, except that if the local educational agency 

determines, on a case-by-case individual basis, that academic assessments in 

another language or form would likely yield more accurate and reliable 

information on what such student knows and can do, the local educational 

agency may make a determination to assess such student in the appropriate 

language other than English for a period that does not exceed two additional 

consecutive years, provided that such student has not yet reached a level of 

English language proficiency sufficient to yield valid and reliable 

information on what such student knows and can do on tests (written in 

English) of reading or language arts;

(xi) include students who have attended schools in a local educational 

agency for a full academic year but have not attended a single school for a 

full academic year, except that the performance of students who have 
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attended more than 1 school in the local educational agency in any academic 

year shall be used only in determining the progress of the local educational 

agency;

(xii) produce individual student interpretive, descriptive, and diagnostic 

reports, consistent with clause (iii) that allow parents, teachers, and 

principals to understand and address the specific academic needs of students, 

and include information regarding achievement on academic assessments 

aligned with State academic achievement standards, and that are provided to 

parents, teachers, and principals, as soon as is practicably possible after the 

assessment is given, in an understandable and uniform format, and to the 

extent practicable, in a language that parents can understand;

(xiii) enable results to be disaggregated within each State, local educational 

agency, and school by gender, by each major racial and ethnic group, by 

English proficiency status, by migrant status, by students with disabilities as 

compared to nondisabled students, and by economically disadvantaged 

students as compared to students who are not economically disadvantaged, 

except that, in the case of a local educational agency or a school, such 

disaggregation shall not be required in a case in which the number of 

students in a category is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable information about an 

individual student;

(xiv) be consistent with widely accepted professional testing standards, 

objectively measure academic achievement, knowledge, and skills, and be 

tests that do not evaluate or assess personal or family beliefs and attitudes, or 

publicly disclose personally identifiable information; and

(xv) enable itemized score analyses to be produced and reported, consistent

with clause (iii), to local educational agencies and schools, so that parents, 

teachers, principals, and administrators can interpret and address the specific 

academic needs of students as indicated by the students' achievement on 

assessment items.

(D) DEFERRAL- A State may defer the commencement, or suspend the 

administration, but not cease the development, of the assessments described in this 

paragraph, that were not required prior to the date of enactment of the No Child Left 

Behind Act of 2001, for 1 year for each year for which the amount appropriated for 

grants under section 6113(a)(2) is less than—

(i) $370,000,000 for fiscal year 2002;

(ii) $380,000,000 for fiscal year 2003;

(iii) $390,000,000 for fiscal year 2004; and

(iv) $400,000,000 for fiscal years 2005 through 2007.

(4) SPECIAL RULE- Academic assessment measures in addition to those in paragraph (3) 

that do not meet the requirements of such paragraph may be included in the assessment under 

paragraph (3) as additional measures, but may not be used in lieu of the academic assessments 

required under paragraph (3). Such additional assessment measures may not be used to reduce 
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the number of or change, the schools that would otherwise be subject to school improvement, 

corrective action, or restructuring under section 1116 if such additional indicators were not 

used, but may be used to identify additional schools for school improvement or in need of 

corrective action or restructuring except as provided in paragraph (2)(I)(i).

(5) STATE AUTHORITY- If a State educational agency provides evidence, which is 

satisfactory to the Secretary, that neither the State educational agency nor any other State 

government official, agency, or entity has sufficient authority, under State law, to adopt 

curriculum content and student academic achievement standards, and academic assessments 

aligned with such academic standards, which will be applicable to all students enrolled in the 

State's public elementary schools and secondary schools, then the State educational agency 

may meet the requirements of this subsection by—

(A) adopting academic standards and academic assessments that meet the 

requirements of this subsection, on a statewide basis, and limiting their applicability 

to students served under this part; or

(B) adopting and implementing policies that ensure that each local educational 

agency in the State that receives grants under this part will adopt curriculum content 

and student academic achievement standards, and academic assessments aligned with 

such standards, which—

(i) meet all of the criteria in this subsection and any regulations regarding 

such standards and assessments that the Secretary may publish; and

(ii) are applicable to all students served by each such local educational 

agency.

(6) LANGUAGE ASSESSMENTS- Each State plan shall identify the languages other than 

English that are present in the participating student population and indicate the languages for 

which yearly student academic assessments are not available and are needed. The State shall 

make every effort to develop such assessments and may request assistance from the Secretary 

if linguistically accessible academic assessment measures are needed. Upon request, the 

Secretary shall assist with the identification of appropriate academic assessment measures in 

the needed languages, but shall not mandate a specific academic assessment or mode of 

instruction.

(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY- Each State 

plan shall demonstrate that local educational agencies in the State will, beginning not later 

than school year 2002-2003, provide for an annual assessment of English proficiency 

(measuring students' oral language, reading, and writing skills in English) of all students with 

limited English proficiency in the schools served by the State educational agency, except that 

the Secretary may provide the State 1 additional year if the State demonstrates that 

exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and 

unforeseen decline in the financial resources of the State, prevented full implementation of 

this paragraph by that deadline and that the State will complete implementation within the 

additional 1-year period.

(8) REQUIREMENT- Each State plan shall describe—

(A) how the State educational agency will assist each local educational agency and 

school affected by the State plan to develop the capacity to comply with each of the 
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requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is applicable to 

such agency or school;

(B) how the State educational agency will assist each local educational agency and 

school affected by the State plan to provide additional educational assistance to 

individual students assessed as needing help to achieve the State's challenging 

academic achievement standards;

(C) the specific steps the State educational agency will take to ensure that both 

schoolwide programs and targeted assistance schools provide instruction by highly 

qualified instructional staff as required by sections 1114(b)(1)(C) and 1115(c)(1)(E), 

including steps that the State educational agency will take to ensure that poor and 

minority children are not taught at higher rates than other children by inexperienced, 

unqualified, or out-of-field teachers, and the measures that the State educational 

agency will use to evaluate and publicly report the progress of the State educational 

agency with respect to such steps;

(D) an assurance that the State educational agency will assist local educational 

agencies in developing or identifying high-quality effective curricula aligned with 

State academic achievement standards and how the State educational agency will 

disseminate such curricula to each local educational agency and school within the 

State; and

(E) such other factors the State educational agency determines appropriate to provide 

students an opportunity to achieve the knowledge and skills described in the 

challenging academic content standards adopted by the State.

(9) FACTORS AFFECTING STUDENT ACHIEVEMENT- Each State plan shall include an 

assurance that the State educational agency will coordinate and collaborate, to the extent 

feasible and necessary as determined by the State educational agency, with agencies 

providing services to children, youth, and families, with respect to local educational agencies 

within the State that are identified under section 1116 and that request assistance with 

addressing major factors that have significantly affected the academic achievement of 

students in the local educational agency or schools served by such agency.

(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE STUDENT 

ACADEMIC ACHIEVEMENT- Each State plan shall describe how the State educational 

agency will ensure that the results of the State assessments described in paragraph (3)—

(A) will be promptly provided to local educational agencies, schools, and teachers in 

a manner that is clear and easy to understand, but not later than before the beginning 

of the next school year; and

(B) be used by those local educational agencies, schools, and teachers to improve the 

educational achievement of individual students.

(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING- Each State plan shall 

contain assurances that—

(1) the State educational agency will meet the requirements of subsection (h)(1) and, 

beginning with the 2002-2003 school year, will produce the annual State report cards 

described in such subsection, except that the Secretary may provide the State educational 
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agency 1 additional year if the State educational agency demonstrates that exceptional or 

uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen 

decline in the financial resources of the State, prevented full implementation of this paragraph 

by that deadline and that the State will complete implementation within the additional 1-year 

period;

(2) the State will, beginning in school year 2002-2003, participate in biennial State academic 

assessments of 4th and 8th grade reading and mathematics under the National Assessment of 

Educational Progress carried out under section 411(b)(2) of the National Education Statistics 

Act of 1994 if the Secretary pays the costs of administering such assessments;

(3) the State educational agency, in consultation with the Governor, will include, as a 

component of the State plan, a plan to carry out the responsibilities of the State under sections 

1116 and 1117, including carrying out the State educational agency's statewide system of 

technical assistance and support for local educational agencies;

(4) the State educational agency will work with other agencies, including educational service 

agencies or other local consortia, and institutions to provide technical assistance to local 

educational agencies and schools, including technical assistance in providing professional 

development under section 1119, technical assistance under section 1117, and technical 

assistance relating to parental involvement under section 1118;

(5)(A) where educational service agencies exist, the State educational agency will consider 

providing professional development and technical assistance through such agencies; and

(B) where educational service agencies do not exist, the State educational agency will 

consider providing professional development and technical assistance through other 

cooperative agreements such as through a consortium of local educational agencies;

(6) the State educational agency will notify local educational agencies and the public of the 

content and student academic achievement standards and academic assessments developed 

under this section, and of the authority to operate schoolwide programs, and will fulfill the 

State educational agency's responsibilities regarding local educational agency improvement 

and school improvement under section 1116, including such corrective actions as are 

necessary;

(7) the State educational agency will provide the least restrictive and burdensome regulations 

for local educational agencies and individual schools participating in a program assisted under 

this part;

(8) the State educational agency will inform the Secretary and the public of how Federal laws, 

if at all, hinder the ability of States to hold local educational agencies and schools accountable 

for student academic achievement;

(9) the State educational agency will encourage schools to consolidate funds from other 

Federal, State, and local sources for schoolwide reform in schoolwide programs under section 

1114;

(10) the State educational agency will modify or eliminate State fiscal and accounting barriers 

so that schools can easily consolidate funds from other Federal, State, and local sources for 

schoolwide programs under section 1114;

(11) the State educational agency has involved the committee of practitioners established 

under section 1903(b) in developing the plan and monitoring its implementation;
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(12) the State educational agency will inform local educational agencies in the State of the 

local educational agency's authority to transfer funds under title VI, to obtain waivers under 

part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the 

Education Flexibility Partnership Act of 1999;

(13) the State educational agency will coordinate activities funded under this part with other 

Federal activities as appropriate; and

(14) the State educational agency will encourage local educational agencies and individual 

schools participating in a program assisted under this part to offer family literacy services 

(using funds under this part), if the agency or school determines that a substantial number of 

students served under this part by the agency or school have parents who do not have a 

secondary school diploma or its recognized equivalent or who have low levels of literacy.

(d) PARENTAL INVOLVEMENT- Each State plan shall describe how the State educational agency 

will support the collection and dissemination to local educational agencies and schools of effective 

parental involvement practices. Such practices shall—

(1) be based on the most current research that meets the highest professional and technical 

standards, on effective parental involvement that fosters achievement to high standards for all 

children; and

(2) be geared toward lowering barriers to greater participation by parents in school planning, 

review, and improvement experienced.

(e) PEER REVIEW AND SECRETARIAL APPROVAL-

(1) SECRETARIAL DUTIES- The Secretary shall—

(A) establish a peer-review process to assist in the review of State plans;

(B) appoint individuals to the peer-review process who are representative of parents, 

teachers, State educational agencies, and local educational agencies, and who are 

familiar with educational standards, assessments, accountability, the needs of lowperforming schools, and other educational needs of students;

(C) approve a State plan within 120 days of its submission unless the Secretary 

determines that the plan does not meet the requirements of this section;

(D) if the Secretary determines that the State plan does not meet the requirements of 

subsection (a), (b), or (c), immediately notify the State of such determination and the 

reasons for such determination;

(E) not decline to approve a State's plan before—

(i) offering the State an opportunity to revise its plan;

(ii) providing technical assistance in order to assist the State to meet the 

requirements of subsections (a), (b), and (c); and

(iii) providing a hearing; and

(F) have the authority to disapprove a State plan for not meeting the requirements of 

this part, but shall not have the authority to require a State, as a condition of approval 

of the State plan, to include in, or delete from, such plan one or more specific 

elements of the State's academic content standards or to use specific academic 

assessment instruments or items.
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(2) STATE REVISIONS- A State plan shall be revised by the State educational agency if it is 

necessary to satisfy the requirements of this section.

(f) DURATION OF THE PLAN-

(1) IN GENERAL- Each State plan shall—

(A) remain in effect for the duration of the State's participation under this part; and

(B) be periodically reviewed and revised as necessary by the State educational 

agency to reflect changes in the State's strategies and programs under this part.

(2) ADDITIONAL INFORMATION- If significant changes are made to a State's plan, such 

as the adoption of new State academic content standards and State student achievement 

standards, new academic assessments, or a new definition of adequate yearly progress, such 

information shall be submitted to the Secretary.

(g) PENALTIES-

(1) FAILURE TO MEET DEADLINES ENACTED IN 1994-

(A) IN GENERAL- If a State fails to meet the deadlines established by the 

Improving America's Schools Act of 1994 (or under any waiver granted by the 

Secretary or under any compliance agreement with the Secretary) for demonstrating 

that the State has in place challenging academic content standards and student 

achievement standards, and a system for measuring and monitoring adequate yearly 

progress, the Secretary shall withhold 25 percent of the funds that would otherwise 

be available to the State for State administration and activities under this part in each 

year until the Secretary determines that the State meets those requirements.

(B) NO EXTENSION- Notwithstanding any other provision of law, 90 days after the 

date of enactment of the No Child Left Behind Act of 2001 the Secretary shall not 

grant any additional waivers of, or enter into any additional compliance agreements 

to extend, the deadlines described in subparagraph (A) for any State.

(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001- If a State fails to meet 

any of the requirements of this section, other than the requirements described in paragraph 

(1), then the Secretary may withhold funds for State administration under this part until the 

Secretary determines that the State has fulfilled those requirements.

(h) REPORTS-

(1) ANNUAL STATE REPORT CARD-

(A) IN GENERAL- Not later than the beginning of the 2002-2003 school year, 

unless the State has received a 1-year extension pursuant to subsection (c)(1), a State 

that receives assistance under this part shall prepare and disseminate an annual State 

report card.

(B) IMPLEMENTATION- The State report card shall be—

(i) concise; and

(ii) presented in an understandable and uniform format and, to the extent 

practicable, provided in a language that the parents can understand.

(C) REQUIRED INFORMATION- The State shall include in its annual State report 

card—
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(i) information, in the aggregate, on student achievement at each proficiency 

level on the State academic assessments described in subsection (b)(3) 

(disaggregated by race, ethnicity, gender, disability status, migrant status, 

English proficiency, and status as economically disadvantaged, except that 

such disaggregation shall not be required in a case in which the number of 

students in a category is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable information about an 

individual student);

(ii) information that provides a comparison between the actual achievement 

levels of each group of students described in subsection (b)(2)(C)(v) and the 

State's annual measurable objectives for each such group of students on each 

of the academic assessments required under this part;

(iii) the percentage of students not tested (disaggregated by the same 

categories and subject to the same exception described in clause (i));

(iv) the most recent 2-year trend in student achievement in each subject area, 

and for each grade level, for which assessments under this section are 

required;

(v) aggregate information on any other indicators used by the State to 

determine the adequate yearly progress of students in achieving State 

academic achievement standards;

(vi) graduation rates for secondary school students consistent with 

subsection (b)(2)(C)(vi);

(vii) information on the performance of local educational agencies in the 

State regarding making adequate yearly progress, including the number and 

names of each school identified for school improvement under section 1116; 

and

(viii) the professional qualifications of teachers in the State, the percentage 

of such teachers teaching with emergency or provisional credentials, and the 

percentage of classes in the State not taught by highly qualified teachers, in 

the aggregate and disaggregated by high-poverty compared to low-poverty

schools which, for the purpose of this clause, means schools in the top 

quartile of poverty and the bottom quartile of poverty in the State.

(D) OPTIONAL INFORMATION- The State may include in its annual State report 

card such other information as the State believes will best provide parents, students, 

and other members of the public with information regarding the progress of each of 

the State's public elementary schools and public secondary schools. Such information 

may include information regarding—

(i) school attendance rates;

(ii) average class size in each grade;

(iii) academic achievement and gains in English proficiency of limited 

English proficient students;

(iv) the incidence of school violence, drug abuse, alcohol abuse, student 

suspensions, and student expulsions;
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(v) the extent and type of parental involvement in the schools;

(vi) the percentage of students completing advanced placement courses, and 

the rate of passing of advanced placement tests; and

(vii) a clear and concise description of the State's accountability system, 

including a description of the criteria by which the State evaluates school 

performance, and the criteria that the State has established, consistent with 

subsection (b)(2), to determine the status of schools regarding school 

improvement, corrective action, and restructuring.

(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS-

(A) REPORT CARDS-

(i) IN GENERAL- Not later than the beginning of the 2002-2003 school 

year, a local educational agency that receives assistance under this part shall 

prepare and disseminate an annual local educational agency report card, 

except that the State educational agency may provide the local educational 

agency 1 additional year if the local educational agency demonstrates that 

exceptional or uncontrollable circumstances, such as a natural disaster or a 

precipitous and unforeseen decline in the financial resources of the local 

educational agency, prevented full implementation of this paragraph by that 

deadline and that the local educational agency will complete implementation 

within the additional 1-year period.

(ii) SPECIAL RULE- If a State educational agency has received an 

extension pursuant to subsection (c)(1), then a local educational agency 

within that State shall not be required to include the information required 

under paragraph (1)(C) in such report card during such extension.

(B) MINIMUM REQUIREMENTS- The State educational agency shall ensure that 

each local educational agency collects appropriate data and includes in the local 

educational agency's annual report the information described in paragraph (1)(C) as 

applied to the local educational agency and each school served by the local 

educational agency, and—

(i) in the case of a local educational agency—

(I) the number and percentage of schools identified for school 

improvement under section 1116(c) and how long the schools have 

been so identified; and

(II) information that shows how students served by the local 

educational agency achieved on the statewide academic assessment 

compared to students in the State as a whole; and

(ii) in the case of a school—

(I) whether the school has been identified for school improvement; 

and

(II) information that shows how the school's students achievement 

on the statewide academic assessments and other indicators of 

adequate yearly progress compared to students in the local 

educational agency and the State as a whole.
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(C) OTHER INFORMATION- A local educational agency may include in its annual 

local educational agency report card any other appropriate information, whether or 

not such information is included in the annual State report card.

(D) DATA- A local educational agency or school shall only include in its annual 

local educational agency report card data that are sufficient to yield statistically 

reliable information, as determined by the State, and that do not reveal personally 

identifiable information about an individual student.

(E) PUBLIC DISSEMINATION- The local educational agency shall, not later than 

the beginning of the 2002-2003 school year, unless the local educational agency has 

received a 1-year extension pursuant to subparagraph (A), publicly disseminate the 

information described in this paragraph to all schools in the school district served by 

the local educational agency and to all parents of students attending those schools in 

an understandable and uniform format and, to the extent practicable, provided in a 

language that the parents can understand, and make the information widely available 

through public means, such as posting on the Internet, distribution to the media, and 

distribution through public agencies, except that if a local educational agency issues 

a report card for all students, the local educational agency may include the 

information under this section as part of such report.

(3) PREEXISTING REPORT CARDS- A State educational agency or local educational 

agency that was providing public report cards on the performance of students, schools, local 

educational agencies, or the State prior to the enactment of the No Child Left Behind Act of 

2001 may use those report cards for the purpose of this subsection, so long as any such report 

card is modified, as may be needed, to contain the information required by this subsection.

(4) ANNUAL STATE REPORT TO THE SECRETARY- Each State educational agency 

receiving assistance under this part shall report annually to the Secretary, and make widely 

available within the State—

(A) beginning with school year 2002-2003, information on the State's progress in 

developing and implementing the academic assessments described in subsection 

(b)(3);

(B) beginning not later than school year 2002-2003, information on the achievement 

of students on the academic assessments required by subsection (b)(3), including the 

disaggregated results for the categories of students identified in subsection 

(b)(2)(C)(v);

(C) in any year before the State begins to provide the information described in 

subparagraph (B), information on the results of student academic assessments 

(including disaggregated results) required under this section;

(D) beginning not later than school year 2002-2003, unless the State has received an 

extension pursuant to subsection (c)(1), information on the acquisition of English 

proficiency by children with limited English proficiency;

(E) the number and names of each school identified for school improvement under 

section 1116(c), the reason why each school was so identified, and the measures 

taken to address the achievement problems of such schools;
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(F) the number of students and schools that participated in public school choice and 

supplemental service programs and activities under this title; and

(G) beginning not later than the 2002-2003 school year, information on the quality of 

teachers and the percentage of classes being taught by highly qualified teachers in the 

State, local educational agency, and school.

(5) REPORT TO CONGRESS- The Secretary shall transmit annually to the Committee on 

Education and the Workforce of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report that provides national and State-level 

data on the information collected under paragraph (4).

(6) PARENTS RIGHT-TO-KNOW-

(A) QUALIFICATIONS- At the beginning of each school year, a local educational 

agency that receives funds under this part shall notify the parents of each student 

attending any school receiving funds under this part that the parents may request, and 

the agency will provide the parents on request (and in a timely manner), information 

regarding the professional qualifications of the student's classroom teachers, 

including, at a minimum, the following:

(i) Whether the teacher has met State qualification and licensing criteria for 

the grade levels and subject areas in which the teacher provides instruction.

(ii) Whether the teacher is teaching under emergency or other provisional 

status through which State qualification or licensing criteria have been 

waived.

(iii) The baccalaureate degree major of the teacher and any other graduate 

certification or degree held by the teacher, and the field of discipline of the 

certification or degree.

(iv) Whether the child is provided services by paraprofessionals and, if so, 

their qualifications.

(B) ADDITIONAL INFORMATION- In addition to the information that parents 

may request under subparagraph (A), a school that receives funds under this part 

shall provide to each individual parent—

(i) information on the level of achievement of the parent's child in each of 

the State academic assessments as required under this part; and

(ii) timely notice that the parent's child has been assigned, or has been taught 

for four or more consecutive weeks by, a teacher who is not highly qualified.

(C) FORMAT- The notice and information provided to parents under this paragraph 

shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand.

(i) PRIVACY- Information collected under this section shall be collected and disseminated in a 

manner that protects the privacy of individuals.

(j) TECHNICAL ASSISTANCE- The Secretary shall provide a State educational agency, at the State 

educational agency's request, technical assistance in meeting the requirements of this section, 

including the provision of advice by experts in the development of high-quality academic assessments, 
EDICS Tracking and OMB Number: (XXXX) XXXX-XXXX Revised: XX/XX/XXXX

RIN Number: XXXX-XXXX (if applicable)

45626.1

the setting of State standards, the development of measures of adequate yearly progress that are valid 

and reliable, and other relevant areas.

(k) VOLUNTARY PARTNERSHIPS- A State may enter into a voluntary partnership with another 

State to develop and implement the academic assessments and standards required under this section.

(l) CONSTRUCTION- Nothing in this part shall be construed to prescribe the use of the academic 

assessments described in this part for student promotion or graduation purposes.

(m) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED SCHOOLS- In determining the 

assessments to be used by each operated or funded by BIA school receiving funds under this part, the 

following shall apply:

(1) Each such school that is accredited by the State in which it is operating shall use the 

assessments the State has developed and implemented to meet the requirements of this 

section, or such other appropriate assessment as approved by the Secretary of the Interior.

(2) Each such school that is accredited by a regional accrediting organization shall adopt an 

appropriate assessment, in consultation with and with the approval of, the Secretary of the 

Interior and consistent with assessments adopted by other schools in the same State or region, 

that meets the requirements of this section.

(3) Each such school that is accredited by a tribal accrediting agency or tribal division of 

education shall use an assessment developed by such agency or division, except that the 

Secretary of the Interior shall ensure that such assessment meets the requirements of this 

section.