I 

111TH CONGRESS 

1ST SESSION H. R. 2451 

To provide for adequate and equitable educational opportunities for students 

in State public school systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2009 

Mr. FATTAH introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To provide for adequate and equitable educational opportunities for students in State public school systems, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Bill of 

5 Rights’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings and purposes. 


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TITLE I—EDUCATIONAL OPPORTUNITY IN STATE PUBLIC 

SCHOOL SYSTEMS 

Subtitle A—Access to Educational Opportunity 

Sec. 111. Adequate and equitable State public school systems. 

Sec. 112. State educational adequacy and equity requirements. 

Sec. 113. State-established standards for opportunity to learn. 

Subtitle B—State Accountability 

Sec. 121. Determination of educationally adequate and inequitable State public 

school systems. 

Sec. 122. State accountability for improvement of educational opportunity. 

Sec. 123. Consequences of nonremediation. 

Subtitle C—Public Reporting and Remedy 

Sec. 131. Annual report by Secretary on adequacy and equity in State public 

school systems. 

Sec. 132. Civil action for enforcement. 

TITLE II—EFFECTS OF EDUCATIONAL DISPARITIES ON 

ECONOMIC GROWTH AND NATIONAL DEFENSE 

Sec. 201. Effects on economic growth and productivity. 

Sec. 202. Effects on national defense. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Definitions. 

Sec. 302. Notice and opportunity for hearing. 

Sec. 303. Rulemaking. 

Sec. 304. Rule of construction. 

1 SEC. 3. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) A high-quality, highly competitive education 

4 for all students is imperative for the economic 

5 growth and productivity of the United States, for its 

6 effective national defense, and for achievement of 

7 the historical aspiration to be one Nation of equal 

8 citizens. It is therefore necessary and proper to over9 come the nationwide phenomenon of educationally 

10 inadequate or inequitable State public school sys11 tems, in which high-quality public schools serve 


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1 high-income communities and poor-quality schools 

2 serve low-income, urban, rural, and minority commu3 nities. 

4 (2) There exists in the States an ever-widening 

5 educational opportunity gap for low-income, urban, 

6 rural, and minority students characterized by the 

7 following: 

8 (A) Highly differential educational expend9 itures among local educational agencies within 

10 States. 

11 (B) Continuing disparities within the 

12 States in students’ access to the opportunity to 

13 learn indicators described in section 112(a). 

14 (C) Radically differential educational 

15 achievement among local educational agencies 

16 within the States, as measured by the following: 

17 (i) Achievement in mathematics, read18 ing or language arts, and science on State 

19 academic achievement tests and measures, 

20 including the academic assessments de21 scribed in section 113(b)(1). 

22 (ii) Advanced placement courses of23 fered and taken. 

24 (iii) Scholastic Aptitude Test (SAT) 

25 and ACT Assessment scores. 


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1 (iv) Dropout rates and graduation 

2 rates. 

3 (v) College-going and college-comple4 tion rates. 

5 (vi) Job placement and retention rates 

6 and indices of job quality. 

7 (3) As a consequence of this educational oppor8 tunity gap, the quality of a child’s education depends 

9 largely upon where the child’s family lives, and the 

10 detriments of lower quality public education are im11 posed particularly on— 

12 (A) children from low-income families; 

13 (B) children living in urban and rural 

14 areas; and 

15 (C) minority children. 

16 (4) Since 1785, the Congress of the United 

17 States, exercising the power to admit new States 

18 under article IV, section 3 of the Constitution (and 

19 previously, the Congress of the Confederation of 

20 States under the Articles of Confederation), has im21 posed upon every State, as a fundamental condition 

22 of the State’s admission, the following requirements: 

23 (A) One, and sometimes two, square-mile 

24 lots in every township were to be ‘‘granted and 


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1 . . . reserved for the maintenance and use of 

2 public schools’’. 

3 (B) ‘‘[S]chools and the means of education 

4 [are to] be forever encouraged’’. 

5 (C) ‘‘State conventions [were to] provide, 

6 by ordinances irrevocable without the consent of 

7 the United States and the people of said States 

8 . . . that provision . . . be made for the estab9 lishment and maintenance of systems of public 

10 schools which shall be open to all children of 

11 said States’’. 

12 (See Ordinances of May 20, 1785, and July 13, 

13 1787; Act of March 3, 1845, 28th Cong. 2d Sess., 

14 5 Stat. 789, Chap. 76 (admitting Iowa and Florida); 

15 Act of February 22, 1889, 50th Cong., 2d Sess., 

16 Chap. 180 (admitting States created from the Da17 kota Territories); and the Acts of Congress per18 taining to the admission of each of the States.) 

19 (5) Over the years since the landmark ruling in 

20 Brown v. Board of Education, when a unanimous 

21 United States Supreme Court held that ‘‘the oppor22 tunity of an education . . . , where the state has un23 dertaken to provide it, is a right which must be 

24 made available to all on equal terms’’, courts in 44 

25 of the States have heard challenges to the establishVerDate Nov 24 2008 23:11 May 15, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2451.IH H2451

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1 ment, maintenance, and operation of educationally 

2 inadequate or inequitable State public school sys3 tems. (347 U.S. 483, 493 (1954)). 

4 (6) In 1970, the Presidential Commission on 

5 School Finance found that significant disparities in 

6 the distribution of educational resources existed 

7 among local educational agencies within States be8 cause the States relied too significantly on local dis9 trict financing for educational revenues, and that re10 forms in systems of school financing would increase 

11 the Nation’s ability to serve the educational needs of 

12 all children. 

13 (7) In 1999, the National Research Council of 

14 the National Academy of Sciences published a report 

15 entitled ‘‘Making Money Matter, Financing Amer16 ica’s Schools’’, which found that the concept of fund17 ing adequacy, which moves beyond the more tradi18 tional concepts of finance equity to focus attention 

19 on the sufficiency of funding for desired educational 

20 outcomes, is an important step in developing a fair 

21 and productive educational system. 

22 (8) In 2001, the Executive order establishing 

23 the President’s Commission on Educational Re24 source Equity declared, ‘‘A quality education is es25 sential to the success of every child in the 21st cenVerDate Nov 24 2008 23:11 May 15, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2451.IH H2451

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1 tury and to the continued strength and prosperity of 

2 our Nation. . . . [L]ong-standing gaps in access to 

3 educational resources exist, including disparities 

4 based on race and ethnicity.’’ (Executive Order 

5 13190, § 1 (January 15, 2001); 66 Fed. Reg. 5424.) 

6 (9) According to the Secretary of Education, as 

7 stated in a letter (with enclosures) dated January 

8 19, 2002, from the Secretary to States— 

9 (A) racial and ethnic minorities continue to 

10 suffer from lack of access to educational re11 sources, including ‘‘experienced and qualified 

12 teachers, adequate facilities, and instructional 

13 programs and support, including technology, as 

14 well as . . . the funding necessary to secure 

15 these resources’’; and 

16 (B) these inadequacies are ‘‘particularly 

17 acute in high-poverty schools, including urban 

18 schools, where many students of color are iso19 lated and where the effect of the resource gaps 

20 may be cumulative. In other words, students 

21 who need the most may often receive the least, 

22 and these students often are students of color’’. 

23 (10) The Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 6301 et seq.), as amended 


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1 by the No Child Left Behind Act of 2001 (Public 

2 Law 107–110), provides that— 

3 (A) States must establish standards and 

4 assessments in mathematics, reading or lan5 guage arts, and science; 

6 (B) elementary schools and secondary 

7 schools must ensure that all students are pro8 ficient in such subjects within 12 years after 

9 the end of the 2001–2002 school year; and 

10 (C) elementary schools and secondary 

11 schools will be held accountable for the stu12 dents’ progress. 

13 (11) The standards and accountability move14 ment will succeed only if, in addition to standards 

15 and accountability, all schools have access to the 

16 educational resources necessary to enable students to 

17 achieve. 

18 (12) Raising standards without ensuring ade19 quate and equitable access to educational resources 

20 may, in fact, exacerbate achievement gaps and set 

21 children up for failure. 

22 (13) According to the World Economic Forum’s 

23 Global Competitiveness Report 2001–2002, the 

24 United States ranks last among developed countries 


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1 in the difference in the quality of schools available 

2 to rich and poor children. 

3 (14) Each State Government has ultimate au4 thority in determining every important aspect and 

5 priority of the public school system that provides ele6 mentary and secondary education to children in the 

7 State, including whether children throughout the 

8 State have high access to the opportunity to learn 

9 indicators described in section 112(a). 

10 (15) Since 1965, the Congress, in exercising its 

11 spending authority, has provided substantial Federal 

12 financial assistance to the States for the improve13 ment of their public school systems. In their expend14 iture and oversight of this assistance, the States 

15 have failed systematically to achieve the purpose of 

16 the Congress in providing the assistance, namely the 

17 effective education of all the children of the United 

18 States. 

19 (16) Because a well-educated populace is crit20 ical to the Nation’s political and economic well-being 

21 and national security, the Federal Government has 

22 a substantial interest in ensuring that States provide 

23 a high-quality education by ensuring that all chil24 dren have access to the opportunity to learn indicaVerDate Nov 24 2008 23:11 May 15, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2451.IH H2451

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1 tors described in section 112(a) to enable the chil2 dren to succeed academically and in life. 

3 (b) PURPOSES.—The purposes of this Act are the fol4 lowing: 

5 (1) To further the goals of the No Child Left 

6 Behind Act of 2001 (Public Law 107–110) and the 

7 Elementary and Secondary Education Act of 1965 

8 (20 U.S.C. 6301 et seq.) by holding States account9 able for providing all students access to the oppor10 tunity to learn indicators described in section 

11 112(a). 

12 (2) To ensure that all students in public ele13 mentary schools and secondary schools receive edu14 cational opportunities that enable the students— 

15 (A) to acquire the knowledge and skills 

16 necessary for responsible citizenship, including 

17 the ability to participate fully in the political 

18 process through informed electoral choice; 

19 (B) to meet challenging State student aca20 demic achievement standards; and 

21 (C) to be able to compete and succeed in 

22 a global economy. 

23 (3) To end the pervasive pattern of education24 ally inadequate or inequitable State public school 

25 systems. 


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1 TITLE I—EDUCATIONAL OPPOR2 TUNITY IN STATE PUBLIC 

3 SCHOOL SYSTEMS 

4 Subtitle A—Access to Educational 

5 Opportunity 

6 SEC. 111. ADEQUATE AND EQUITABLE STATE PUBLIC 

7 SCHOOL SYSTEMS. 

8 Each State receiving Federal financial assistance for 

9 elementary or secondary education shall maintain a public 

10 school system that meets the requirements of section 112 

11 and provides all students in the State with— 

12 (1) the educational resources needed to succeed 

13 academically and in life; and 

14 (2) an education that enables the students— 

15 (A) to acquire the knowledge and skills 

16 necessary for responsible citizenship; 

17 (B) to participate fully in the political 

18 process through informed electoral choice; and 

19 (C) to be able to compete and succeed in 

20 a global economy. 

21 SEC. 112. STATE EDUCATIONAL ADEQUACY AND EQUITY 

22 REQUIREMENTS. 

23 (a) OPPORTUNITY TO LEARN.—A State shall provide 

24 for all public schools in the State access, at levels defined 


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1 by the State under section 113 as ideal or adequate, to 

2 each of the following opportunity to learn indicators: 

3 (1) highly effective teachers; 

4 (2) early childhood education; 

5 (3) college preparatory curricula; and 

6 (4) equitable instructional resources. 

7 (b) COMPARABLE EDUCATIONAL SERVICES.—A 

8 State shall provide educational services in local edu9 cational agencies that receive funds under part A of title 

10 I of the Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 6311 et seq.) that are, taken as a whole, at 

12 least comparable to educational services provided in local 

13 educational agencies not receiving such funds. 

14 (c) COMPLIANCE WITH COURT ORDERS.—A State 

15 shall comply with any substantive Federal or State court 

16 order in any matter concerning the adequacy or equity of 

17 the State’s public school system, to the extent required 

18 in the order. 

19 SEC. 113. STATE-ESTABLISHED STANDARDS FOR OPPOR20 TUNITY TO LEARN. 

21 (a) ESTABLISHMENT.—In carrying out section 

22 112(a), each State educational agency, in consultation 

23 with local educational agencies, teachers, principals, pupil 

24 services personnel, administrators, other staff, and par25 ents, shall develop standards to describe and measure the 


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1 extent to which the State provides to the students in each 

2 public school and local educational agency in the State 

3 each of the opportunity to learn indicators described in 

4 section 112(a) in terms of ideal, adequate, and basic levels 

5 of such access. 

6 (b) FACTORS FOR CONSIDERATION.—In defining the 

7 levels of access required under subsection (a), the State 

8 shall consider, in addition to the factors described in sec9 tion 112(a)— 

10 (1) the access available to students in schools in 

11 the highest achieving decile of public elementary 

12 schools and secondary schools in the State, as deter13 mined on the basis of student performance on state14 wide student academic assessments, including— 

15 (A) student academic assessments in read16 ing or language arts, mathematics, and science 

17 under section 1111(b)(3) of the Elementary 

18 and Secondary Education Act of 1965 (20 

19 U.S.C. 6311(b)(3)); 

20 (B) national student academic assessments 

21 of reading and mathematics under the National 

22 Assessment of Educational Progress carried out 

23 under section 303(a) of the National Assess24 ment of Educational Progress Authorization 

25 Act (20 U.S.C. 9622(a)); and 


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1 (C) State student academic assessments of 

2 reading and mathematics under the National 

3 Assessment of Educational Progress carried out 

4 under section 303(b)(3) of the National Assess5 ment of Educational Progress Authorization 

6 Act (20 U.S.C. 9622(b)(3)); 

7 (2) the unique needs of low-income, urban and 

8 rural, and minority students; and 

9 (3) other educationally appropriate factors. 

10 (c) CHALLENGING STANDARDS.—The levels of access 

11 required under subsection (a) shall be aligned with the 

12 challenging State academic content and achievement 

13 standards, and the high-quality academic assessments, re14 quired under the Elementary and Secondary Education 

15 Act of 1965 (20 U.S.C. 6301 et seq.). 

16 (d) SUBMISSION TO SECRETARY.—A State edu17 cational agency shall submit to the Secretary— 

18 (1) a description of each of the levels of access 

19 required under subsection (a); 

20 (2) a description of the level of access of each 

21 local educational agency, elementary school, and sec22 ondary school in the State to each of the opportunity 

23 to learn indicators described in section 112(a), in24 cluding identification of any such schools that do not 


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1 provide ideal or adequate levels of access (as defined 

2 under subsection (a)); 

3 (3) an estimate of the additional cost, if any, of 

4 ensuring that the public school system meets the re5 quirements of section 112; and 

6 (4) the information required under subpara7 graphs (B) and (C) of paragraph (1) and paragraph 

8 (2)(B) of section 131(b). 

9 (e) PUBLICATION AND DISSEMINATION TO PAR10 ENTS.—The State annually shall publish the information 

11 submitted under subsection (d) and shall disseminate the 

12 information to the public and the parents of children at13 tending (or who may attend) public schools in the State, 

14 in an understandable and uniform format and, to the ex15 tent practicable, in a language that the parents can under16 stand, through such means as the Internet, the media, and 

17 public agencies. 

18 Subtitle B—State Accountability 

19 SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE 

20 AND INEQUITABLE STATE PUBLIC SCHOOL 

21 SYSTEMS. 

22 (a) ANNUAL DETERMINATION BY SECRETARY.—Be23 ginning not later than October 1 of the first full school 

24 year after the date of enactment of this Act, the Secretary 


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1 shall annually determine whether each State meets each 

2 of the requirements of section 112. 

3 (b) PUBLICATION BY SECRETARY.—The Secretary 

4 shall publish and make available to the general public (in5 cluding by means of the Internet) the determinations 

6 under subsection (a). 

7 SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF 

8 EDUCATIONAL OPPORTUNITY. 

9 (a) STATE REMEDIATION PLAN.—A State deter10 mined under section 121 not to meet the requirements of 

11 section 112 shall develop and submit to the Secretary, by 

12 not later than 1 year after the determination, a remedi13 ation plan (which the State may amend to improve the 

14 plan or to take into account significantly changed cir15 cumstances), as follows: 

16 (1) LONG-TERM REMEDIATION FOR ACCESS TO

17 OPPORTUNITY TO LEARN INDICATORS.—If the State 

18 is determined not to meet the requirements under 

19 section 112(a) (relating to access to the opportunity 

20 to learn indicators), the plan shall provide for the 

21 following: 

22 (A) A description of the actions the State 

23 will take to meet the requirements of section 

24 112(a), by not later than 12 years after the end 

25 of the 2003–2004 school year, to provide ideal 


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1 or adequate access (as defined by the State 

2 under section 113) to the opportunity to learn 

3 indicators for each public school in the State. 

4 (B) A timeline for improvement that in5 cludes annual interim goals for increasing the 

6 number of public schools and local educational 

7 agencies in the State that have ideal or ade8 quate levels of access (as defined by the State 

9 under section 113) to each of the opportunity 

10 to learn indicators, in order to achieve the re11 quired levels of access within the time described 

12 in subparagraph (A). 

13 (C) Implementation of a single, statewide 

14 accountability system to ensure that the State 

15 achieves the interim goals described in subpara16 graph (B). 

17 (2) TWO-YEAR REMEDIATION FOR COMPARABLE

18 EDUCATIONAL SERVICES.—If the State is deter19 mined not to meet the requirements of section 

20 112(b) (relating to comparable educational services), 

21 the plan shall describe the actions the State will take 

22 to meet the requirements of such section by not later 

23 than 2 school years after submission of the plan. 

24 (b) DISAPPROVAL OF PLAN.—The Secretary may dis25 approve a plan (or amendment) submitted under subVerDate Nov 24 2008 23:11 May 15, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2451.IH H2451

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1 section (a) that the Secretary determines does not meet 

2 the requirements of such subsection. 

3 SEC. 123. CONSEQUENCES OF NONREMEDIATION. 

4 (a) FAILURE TO MEET ANNUAL INTERIM ACCESS

5 GOALS.—Notwithstanding any other provision of law and 

6 in addition to any other consequence under this section, 

7 the Secretary shall withhold 2.75 percent of any funds 

8 otherwise available to a State (or a State educational 

9 agency) for administration of Federal elementary and sec10 ondary education programs for each annual interim goal 

11 established under section 122(a)(1)(B) for a fiscal year, 

12 or a prior fiscal year, that the Secretary determines the 

13 State fails to meet. 

14 (b) CONTINUING FAILURE TO PROVIDE COM15 PARABLE EDUCATIONAL SERVICES.—Notwithstanding 

16 any other provision of law and in addition to any other 

17 consequence under this section, the Secretary shall with18 hold from a State determined by the Secretary to continue 

19 to fail to meet the requirements of section 112(b) (relating 

20 to comparable educational services) at the end of the sec21 ond school year after a plan is required to be submitted 

under section 122, up to 331 22 ⁄3 percent of funds otherwise 

23 available to the State for administration of Federal ele24 mentary and secondary education programs. 


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1 (c) NONCOMPLIANCE WITH COURT ORDERS.—Not2 withstanding any other provision of law and in addition 

3 to any other consequence under this section, the Secretary 

4 shall withhold from a State determined by the Secretary 

5 to fail to meet the requirements of section 112(c) (relating 

to compliance with court orders) up to 331 6 ⁄3 percent of 

7 funds otherwise available to the State for the administra8 tion of Federal elementary and secondary education pro9 grams. 

10 (d) DISPOSITION OF WITHHELD FUNDS.—For each 

11 State from which funds are withheld under this section, 

12 the Secretary shall make a determination whether the 

13 State, by not later than 1 year after a determination under 

14 subsection (a), (b), or (c), has corrected the condition lead15 ing to a withholding of funds and shall distribute withheld 

16 funds as follows: 

17 (1) If the State corrects a condition leading to 

18 a withholding of funds, the Secretary shall make the 

19 applicable withheld funds available to the State (or 

20 State educational agency). 

21 (2) If the State fails to correct a condition lead22 ing to a withholding of funds, the Secretary shall al23 locate the applicable withheld funds to public schools 

24 or local educational agencies affected by the State’s 

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1 pose of enabling the school or local educational agen2 cy to correct such condition. 

3 (e) TEMPORARY WAIVER.—The Secretary may grant 

4 a request by a State for a waiver of the withholding provi5 sions of subsections (a) through (c) for a total period of 

6 not more than 1 year if— 

7 (1) the Secretary is satisfied that exceptional 

8 circumstances (such as a precipitous decrease in 

9 State revenues) prevent a State from complying with 

10 the requirements of section 112; and 

11 (2) the State’s request describes the manner in 

12 which the State will comply with the requirements of 

13 section 112 by the end of the waiver period. 

14 Subtitle C—Public Reporting and 

15 Remedy 

16 SEC. 131. ANNUAL REPORT BY SECRETARY ON ADEQUACY 

17 AND EQUITY IN STATE PUBLIC SCHOOL SYS18 TEMS. 

19 (a) ANNUAL REPORT TO CONGRESS.—Not later than 

20 October 1 of the first full school year after the date of 

21 enactment of this Act, the Secretary shall transmit to the 

22 Congress a report that provides a detailed analysis of the 

23 public school system of each State. 


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1 (b) CONTENTS OF REPORT.—The analysis under 

2 subsection (a) shall include the following information with 

3 respect to each State’s public school system: 

4 (1) BASIC PUBLIC SCHOOL SYSTEM INFORMA5 TION.— 

6 (A) The number of students, elementary 

7 schools, secondary schools, and local educational 

8 agencies in the public school system. 

9 (B) For each such school and local edu10 cational agency, the number and percentage 

11 of— 

12 (i) children counted under section 

13 1124(c) of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 

15 6333(c)); and 

16 (ii) students, disaggregated by groups 

17 described in section 1111(b)(3)(C)(xiii) of 

18 the Elementary and Secondary Education 

19 Act of 1965 (20 U.S.C. 

20 6311(b)(3)(C)(xiii)). 

21 (C) For each such school, a statement 

22 whether the school is an urban, rural, or mixed 

23 school (as defined by the Commissioner for 

24 Education Statistics). 


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1 (D) The average per-pupil expenditure (in 

2 actual dollars and adjusted for cost and need) 

3 for the State and for each school and local edu4 cational agency. 

5 (E) The decile ranking of each local edu6 cational agency, as measured by achievement in 

7 mathematics, reading or language arts, and 

8 science on the academic assessments described 

9 in subparagraphs (A) and (C) of section 

10 113(b)(1). 

11 (2) SUCCESS IN PROVIDING OPPORTUNITY TO

12 LEARN INDICATORS.— 

13 (A) A description of the ideal, adequate, 

14 and basic levels of access established by the 

15 State under section 113 to each of the oppor16 tunity to learn indicators described under sec17 tion 112(a). 

18 (B) For each school and local educational 

19 agency, the following information: 

20 (i) The level of access (as established 

21 under section 113) of the school or local 

22 educational agency to each of the oppor23 tunity to learn indicators described in sec24 tion 112(a). 


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1 (ii) The percentage of students pro2 ficient in mathematics, reading or lan3 guage arts, and science, as measured 

4 through assessments under section 

5 1111(b)(3)(C)(v) of the Elementary and 

6 Secondary Education Act of 1965 (20 

7 U.S.C. 6311(b)(3)(C)(v)). 

8 (iii) Whether the school or local edu9 cational agency is making adequate yearly 

10 progress under section 1111(b)(2) of the 

11 Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 6311(b)(2)). 

13 (C) The number and names of each school 

14 in the State that does not provide each of the 

15 opportunity to learn indicators described in sec16 tion 112(a) at an ideal or adequate level (as es17 tablished under section 113). 

18 (3) STATE REMEDIATION ACTIONS.—If the 

19 State is determined under section 121 not to meet 

20 the requirements of section 112— 

21 (A) a detailed description and evaluation 

22 of— 

23 (i) the State’s success in carrying out 

24 any remediation plan required to be sub25 mitted by the State under section 122; and 


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1 (ii) any other actions taken, or meas2 ures proposed to be taken, by the State to 

3 meet the requirements of section 112; and 

4 (B) a copy of any remediation plan re5 quired to be submitted by the State under sec6 tion 122 (including any amendments). 

7 (4) EFFECTS ON ACADEMIC ACHIEVEMENT.— 

8 An analysis of the effects of the average per-pupil 

9 expenditure, and the level of access (as provided by 

10 the State under section 113) to each of the oppor11 tunity to learn indicators described in section 112(a) 

12 provided to students in each school and local edu13 cational agency on the outcomes of the academic as14 sessments identified in section 113(b)(1). 

15 (5) OTHER INFORMATION.— 

16 (A) The most recent information submitted 

17 by the State under section 113(d). 

18 (B) For the year covered by the report, a 

19 summary of any changes in the data required 

20 in paragraphs (1) and (2) for each of the pre21 ceding 3 years (which may be based on such 

22 data as are available for the first 3 reports 

23 under subsection (a)). 


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1 (C) Such other information as the Sec2 retary considers useful and appropriate to in3 clude. 

4 (c) SCOPE OF REPORT.—The report required under 

5 subsection (a) shall cover the school year ending in the 

6 calendar year in which the report is required to be sub7 mitted. 

8 (d) SUBMISSION OF DATA TO SECRETARY.—Each 

9 State receiving Federal financial assistance for elementary 

10 and secondary education shall submit to the Secretary, at 

11 such time and in such manner as the Secretary may rea12 sonably require, such data as the Secretary deems nec13 essary to make a determination under section 121 and to 

14 submit the report under this section. Such data shall in15 clude the information used to measure the State’s success 

16 in providing the opportunity to learn indicators described 

17 in section 112(a). 

18 (e) FAILURE TO SUBMIT DATA.—If a State fails to 

19 submit the data required to make a determination under 

20 section 121— 

21 (1) the State shall be deemed to have been de22 termined under such section not to meet the applica23 ble requirements of section 112, until the State sub24 mits the data and the Secretary is able to make a 


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1 determination under such section based on such 

2 data; and 

3 (2) the Secretary shall— 

4 (A) provide, to the extent practicable, the 

5 analysis required in subsection (a) for the State 

6 based on the best data available to the Sec7 retary; and 

8 (B) update the analysis, as necessary, after 

9 submission of the data by the State. 

10 (f) PUBLICATION.—The Secretary shall publish and 

11 make available to the general public (including by means 

12 of the Internet) the report required under subsection (a). 

13 SEC. 132. CIVIL ACTION FOR ENFORCEMENT. 

14 A student or parent of a student aggrieved by a viola15 tion of this Act may bring a civil action against an appro16 priate official in an appropriate United States district 

17 court seeking declaratory and injunctive relief to enforce 

18 the requirements of this Act, together with reasonable at19 torney fees and the costs of the action, without regard to 

20 the citizenship of the parties or the amount in controversy. 


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1 TITLE II—EFFECTS OF EDU2 CATIONAL DISPARITIES ON 

3 ECONOMIC GROWTH AND NA4 TIONAL DEFENSE 

5 SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUC6 TIVITY. 

7 (a) STUDY.—The Commissioner for Education Sta8 tistics, in consultation with the Secretaries of Commerce, 

9 Labor, and the Treasury, shall conduct a comprehensive 

10 study concerning the effects on economic growth and pro11 ductivity of eliminating disparities in public school systems 

12 that do not meet the requirements of section 112. Such 

13 study shall include the following: 

14 (1) The economic costs to the Nation resulting 

15 from the maintenance by States of public school sys16 tems that do not meet the requirements of section 

17 112. 

18 (2) The economic gains to be expected from the 

19 elimination of disparities in public school systems 

20 that do not meet the requirements of section 112. 

21 (b) REPORT TO CONGRESS.—Not later than 1 year 

22 after the date of enactment of this Act, the Commissioner 

23 for Education Statistics shall submit to the Congress a 

24 final report detailing the results of the study required 

25 under subsection (a). 


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1 SEC. 202. EFFECTS ON NATIONAL DEFENSE. 

2 (a) STUDY.—The Commissioner for Education Sta3 tistics, in consultation with the Secretary of Defense, shall 

4 conduct a comprehensive study concerning the effects on 

5 national defense of eliminating disparities in public school 

6 systems that do not meet the requirements of section 112. 

7 Such study shall include the following: 

8 (1) The detriments to national defense resulting 

9 from the maintenance by States of public school sys10 tems that do not meet the requirements of section 

11 112, including the effects of education deficits aris12 ing from low-quality schools on— 

13 (A) knowledge and skills necessary for the 

14 effective functioning of the Armed Forces; 

15 (B) the costs to the Armed Forces of 

16 training; and 

17 (C) efficiency resulting from the use of so18 phisticated equipment and information tech19 nology. 

20 (2) The gains to national defense to be expected 

21 from the elimination of disparities in public school 

22 systems that do not meet the requirements of section 

23 112. 

24 (b) REPORT TO CONGRESS.—Not later than 1 year 

25 after the date of enactment of this Act, the Commissioner 

26 for Education Statistics shall submit to the Congress a 


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1 final report detailing the results of the study required 

2 under subsection (a). 

3 TITLE III—GENERAL 

4 PROVISIONS 

5 SEC. 301. DEFINITIONS. 

6 In this Act: 

7 (1) The terms ‘‘average per-pupil expenditure’’, 

8 ‘‘core academic subjects’’, ‘‘elementary school’’, 

9 ‘‘highly qualified’’, ‘‘local educational agency’’, ‘‘par10 ent’’, ‘‘pupil services’’, ‘‘pupil services personnel’’, 

11 ‘‘secondary school’’, and ‘‘State educational agency’’ 

12 each have the meanings given those terms in section 

13 9101 of the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 7801). 

15 (2) The term ‘‘public school system’’ means a 

16 State’s system of public elementary and secondary 

17 education. 

18 (3) The term ‘‘Federal elementary and sec19 ondary education programs’’ means programs pro20 viding Federal financial assistance for elementary or 

21 secondary education, other than programs under the 

22 following provisions of law: 

23 (A) The Individuals with Disabilities Edu24 cation Act (20 U.S.C. 1400 et seq.). 


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1 (B) Title III of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6801 

3 et seq.). 

4 (C) The Richard B. Russell National 

5 School Lunch Act (42 U.S.C. 1751 et seq.). 

6 (D) The Child Nutrition Act of 1966 (42 

7 U.S.C. 1771 et seq.). 

8 (4) The term ‘‘State’’ includes the several 

9 States, the District of Columbia, the Commonwealth 

10 of Puerto Rico, the Commonwealth of the Northern 

11 Mariana Islands, American Samoa, Guam, the Vir12 gin Islands, and any other territory or possession of 

13 the United States. 

14 SEC. 302. NOTICE AND OPPORTUNITY FOR HEARING. 

15 The Secretary may make an adverse determination 

16 under this Act only after notice and opportunity for hear17 ing. 

18 SEC. 303. RULEMAKING. 

19 The Secretary may prescribe regulations to carry out 

20 this Act. 

21 SEC. 304. RULE OF CONSTRUCTION. 

22 Nothing in this Act may be construed to require a 

23 jurisdiction to increase property tax or other tax rates or 

24 to redistribute revenues from such taxes. 

Æ 


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