I 

109TH CONGRESS 

1ST SESSION H. R. 2178 

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 5, 2005 

Mr. FATTAH (for himself, Mr. WEINER, Mr. VAN HOLLEN, Ms. LEE, Mr. 

WYNN, Mr. RANGEL, Mrs. CHRISTENSEN, Ms. JACKSON-LEE of Texas, 

Mr. THOMPSON of Mississippi, Ms. CORRINE BROWN of Florida, Ms. 

CARSON, Mr. HINCHEY, Mr. STRICKLAND, Mr. ANDREWS, Mr. 

HINOJOSA, Mr. DAVIS of Alabama, Mr. SCOTT of Virginia, Mr. WEXLER, 

Ms. HERSETH, Ms. BORDALLO, Mr. GENE GREEN of Texas, Mr. 

GRIJALVA, Mr. BECERRA, Mr. HASTINGS of Florida, Ms. ROYBAL-ALLARD, Mr. DAVIS of Illinois, Ms. MILLENDER-MCDONALD, Mr. JEFFERSON, Mr. STUPAK, Mr. OLVER, Mr. DOYLE, Mr. HOLDEN, Mr. CLAY, Mr. 

RUSH, Mr. CUMMINGS, Mr. MURTHA, Mr. BISHOP of Georgia, Ms. NORTON, Mr. MEEK of Florida, Mr. PAYNE, Ms. WATERS, Mrs. JONES of 

Ohio, Mr. LEWIS of Georgia, Mr. JACKSON of Illinois, Mr. CONYERS, Ms. 

EDDIE BERNICE JOHNSON of Texas, Ms. ESHOO, Mr. WATT, Ms. KILPATRICK of Michigan, Mr. BRADY of Pennsylvania, Mr. NEAL of Massachusetts, Mr. MEEKS of New York, Mr. ALLEN, Mr. ACKERMAN, Mr. 

MENENDEZ, Mr. MOLLOHAN, Mr. BUTTERFIELD, Mr. FILNER, Mr. 

OWENS, Mr. ABERCROMBIE, Mr. CLYBURN, Ms. WOOLSEY, Mr. 

DOGGETT, Mr. BERMAN, Mrs. MALONEY, Mr. NADLER, Mr. KUCINICH, 

Ms. SCHWARTZ of Pennsylvania, Mr. TIERNEY, and Mr. MOORE of Kansas) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

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

for other purposes. 

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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 

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 access to educational opportunity 

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 

8 SEC. 3. FINDINGS AND PURPOSES. 

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

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

2 for all students is imperative for the economic 

3 growth and productivity of the United States, for its 

4 effective national defense, and for achievement of 

5 the historical aspiration to be one Nation of equal 

6 citizens. It is therefore necessary and proper to over7 come the nationwide phenomenon of educationally 

8 inadequate or inequitable State public school sys9 tems, in which high-quality public schools serve 

10 high-income communities and poor-quality schools 

11 serve low-income, urban, rural, and minority commu12 nities. 

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

14 educational opportunity gap for low-income, urban, 

15 rural, and minority students characterized by the 

16 following: 

17 (A) Highly differential educational expend18 itures among public school districts within 

19 States. 

20 (B) Continuing disparities within the 

21 States in students’ access to the fundamentals 

22 of educational opportunity described in section 

23 112(a). 

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1 (C) Radically differential educational 

2 achievement among public school districts with3 in the States, as measured by the following: 

4 (i) Achievement in mathematics, read5 ing or language arts, and science on State 

6 academic achievement tests and measures, 

7 including the academic assessments de8 scribed in section 113(b)(1). 

9 (ii) Advanced placement courses of10 fered and taken. 

11 (iii) Scholastic Aptitude Test (SAT) 

12 and ACT Assessment scores. 

13 (iv) Dropout rates and graduation 

14 rates. 

15 (v) College-going and college-comple16 tion rates. 

17 (vi) Job placement and retention rates 

18 and indices of job quality. 

19 (3) As a consequence of this educational oppor20 tunity gap, the quality of a child’s education depends 

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

22 detriments of lower quality public education are im23 posed particularly on— 

24 (A) children from low-income families; 

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1 (B) children living in urban and rural 

2 areas; and 

3 (C) minority children. 

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

5 States, exercising the power to admit new States 

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

7 previously, the Congress of the Confederation of 

8 States under the Articles of Confederation), has im9 posed upon every State, as a fundamental condition 

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

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

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

13 . . . reserved for the maintenance and use of 

14 public schools’’. 

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

16 [are to] be forever encouraged’’. 

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

18 by ordinances irrevocable without the consent of 

19 the United States and the people of said States 

20 . . . that provision . . . be made for the estab21 lishment and maintenance of systems of public 

22 schools which shall be open to all children of 

23 said States’’. 

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

25 1787; Act of March 3, 1845, 28th Cong. 2d Sess., 

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1 5 Stat. 789, Chap. 76 (admitting Iowa and Florida); 

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

3 Chap. 180 (admitting States created from the Da4 kota Territories); and the Acts of Congress per5 taining to the admission of each of the States.) 

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

7 Brown v. Board of Education, when a unanimous 

8 United States Supreme Court held that ‘‘the oppor9 tunity of an education . . . , where the state has un10 dertaken to provide it, is a right which must be 

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

12 of the States have heard challenges to the establish13 ment, maintenance, and operation of educationally 

14 inadequate or inequitable State public school sys15 tems. (347 U.S. 483, 493 (1954)). 

16 (6) In 1970, the Presidential Commission on 

17 School Finance found that significant disparities in 

18 the distribution of educational resources existed 

19 among public school districts within States because 

20 the States relied too significantly on local district fi21 nancing for educational revenues, and that reforms 

22 in systems of school financing would increase the 

23 Nation’s ability to serve the educational needs of all 

24 children. 

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

2 the National Academy of Sciences published a report 

3 entitled ‘‘Making Money Matter, Financing Amer4 ica’s Schools’’, which found that the concept of fund5 ing adequacy, which moves beyond the more tradi6 tional concepts of finance equity to focus attention 

7 on the sufficiency of funding for desired educational 

8 outcomes, is an important step in developing a fair 

9 and productive educational system. 

10 (8) In 2001, the Executive order establishing 

11 the President’s Commission on Educational Re12 source Equity declared, ‘‘A quality education is es13 sential to the success of every child in the 21st cen14 tury and to the continued strength and prosperity of 

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

16 educational resources exist, including disparities 

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

18 13190, § 1 (January 15, 2001); 66 Fed. Reg. 

19 5424.) 

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

21 stated in a letter (with enclosures) dated January 

22 19, 2002, from the Secretary to States— 

23 (A) racial and ethnic minorities continue to 

24 suffer from lack of access to educational re25 sources, including ‘‘experienced and qualified 

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1 teachers, adequate facilities, and instructional 

2 programs and support, including technology, as 

3 well as . . . the funding necessary to secure 

4 these resources’’; and 

5 (B) these inadequacies are ‘‘particularly 

6 acute in high-poverty schools, including urban 

7 schools, where many students of color are iso8 lated and where the effect of the resource gaps 

9 may be cumulative. In other words, students 

10 who need the most may often receive the least, 

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

12 (10) The Elementary and Secondary Education 

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

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

15 Law 107–110), provides that— 

16 (A) States must establish standards and 

17 assessments in mathematics, reading or lan18 guage arts, and science; 

19 (B) elementary schools and secondary 

20 schools must ensure that all students are pro21 ficient in such subjects within 12 years after 

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

23 (C) elementary schools and secondary 

24 schools will be held accountable for the stu25 dents’ progress. 

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1 (11) The standards and accountability move2 ment will succeed only if, in addition to standards 

3 and accountability, all schools have access to the 

4 educational resources necessary to enable students to 

5 achieve. 

6 (12) Raising standards without ensuring ade7 quate and equitable access to educational resources 

8 may, in fact, exacerbate achievement gaps and set 

9 children up for failure. 

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

11 Global Competitiveness Report 2001–2002, the 

12 United States ranks last among developed countries 

13 in the difference in the quality of schools available 

14 to rich and poor children. 

15 (14) Each State Government has ultimate au16 thority in determining every important aspect and 

17 priority of the public school system that provides ele18 mentary and secondary education to children in the 

19 State, including whether children throughout the 

20 State have high access to the fundamentals of edu21 cational opportunity described in section 112(a). 

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

23 spending authority, has provided substantial Federal 

24 financial assistance to the States for the improve25 ment of their public school systems. In their expendVerDate Aug 31 2005 01:44 Apr 29, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178
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1 iture and oversight of this assistance, the States 

2 have failed systematically to achieve the purpose of 

3 the Congress in providing the assistance, namely the 

4 effective education of all the children of the United 

5 States. 

6 (16) Because a well-educated populace is crit7 ical to the Nation’s political and economic well-being 

8 and national security, the Federal Government has 

9 a substantial interest in ensuring that States provide 

10 a high-quality education by ensuring that all chil11 dren have access to the fundamentals of educational 

12 opportunity described in section 112(a) to enable the 

13 children to succeed academically and in life. 

14 (b) PURPOSES.—The purposes of this Act are the fol15 lowing: 

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

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

18 Elementary and Secondary Education Act of 1965 

19 (20 U.S.C. 6301 et seq.) by holding States account20 able for providing all students access to the fun21 damentals of educational opportunity described in 

22 section 112(a). 

23 (2) To ensure that all students in public ele24 mentary schools and secondary schools receive edu25 cational opportunities that enable the students— 

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1 (A) to acquire the knowledge and skills 

2 necessary for responsible citizenship, including 

3 the ability to participate fully in the political 

4 process through informed electoral choice; 

5 (B) to meet challenging State student aca6 demic achievement standards; and 

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

8 a global economy. 

9 (3) To end the pervasive pattern of education10 ally inadequate or inequitable State public school 

11 systems. 

12 TITLE I—EDUCATIONAL OPPOR13 TUNITY IN STATE PUBLIC 

14 SCHOOL SYSTEMS 

15 Subtitle A—Access to Educational 

16 Opportunity 

17 SEC. 111. ADEQUATE AND EQUITABLE STATE PUBLIC 

18 SCHOOL SYSTEMS. 

19 Each State receiving Federal financial assistance for 

20 elementary or secondary education shall maintain a public 

21 school system that meets the requirements of section 112 

22 and provides all students in the State with— 

23 (1) the educational resources needed to succeed 

24 academically and in life; and 

25 (2) an education that enables the students— 

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1 (A) to acquire the knowledge and skills 

2 necessary for responsible citizenship; 

3 (B) to participate fully in the political 

4 process through informed electoral choice; and 

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

6 a global economy. 

7 SEC. 112. STATE EDUCATIONAL ADEQUACY AND EQUITY 

8 REQUIREMENTS. 

9 (a) FUNDAMENTALS OF EDUCATIONAL OPPOR10 TUNITY.—A State shall provide for all public schools in 

11 the State access, at levels defined by the State under sec12 tion 113 as ideal or adequate, to each of the following fun13 damentals of educational opportunity: 

14 (1) HIGH-QUALITY CLASSROOM TEACHERS AND

15 SCHOOL ADMINISTRATORS.—High-quality classroom 

16 instruction and school-level administrators, as meas17 ured by the following: 

18 (A) The proportion of teachers in core aca19 demic subjects who are highly qualified (as that 

20 term is defined in section 9101 of the Elemen21 tary and Secondary Education Act of 1965 (20 

22 U.S.C. 7801)). 

23 (B) Leadership, management, and guid24 ance from school principals (and other schoolVerDate Aug 31 2005 01:44 Apr 29, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178
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1 level administrators) certified under an applica2 ble State or national program. 

3 (2) RIGOROUS ACADEMIC STANDARDS, CUR4 RICULA, AND METHODS OF INSTRUCTION.—Rigorous 

5 academic standards, curricula, and methods of in6 struction, as measured by the extent to which each 

7 public school district succeeds in providing high8 quality academic standards, curricula, and methods 

9 of instruction to students in each public elementary 

10 school and secondary school within the district. 

11 (3) SMALL CLASS SIZES.—Small class sizes, as 

12 measured by the following: 

13 (A) The average class size and the range 

14 of class sizes. 

15 (B) The proportion of classes with 17 or 

16 fewer students. 

17 (4) QUALITY FACILITIES, TEXTBOOKS, AND IN18 STRUCTIONAL MATERIALS AND SUPPLIES.—Quality 

19 school facilities, textbooks, and instructional mate20 rials and supplies, as measured by the following: 

21 (A)(i) The physical condition of school 

22 buildings and major school building features. 

23 (ii) Environmental conditions in school 

24 buildings. 

25 (iii) The quality of instructional space. 

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1 (B) The proportion of students who begin 

2 the school year with school-issued textbooks. 

3 (C) The average age of textbooks and in4 structional materials and supplies used in core 

5 academic subjects. 

6 (5) UP-TO-DATE LIBRARY RESOURCES.—High7 quality, up-to-date, and state-of-the-art library re8 sources, as measured by the following: 

9 (A) The size and qualifications of library 

10 staff, including whether the library is staffed by 

11 a full-time librarian certified under an applica12 ble State or national program. 

13 (B) The size (relative to the number of 

14 students) and quality of the library’s collection 

15 of books and periodicals. 

16 (C) Hours of library operation. 

17 (6) UP-TO-DATE COMPUTER TECHNOLOGY.— 

18 Computer technology, as measured by the following: 

19 (A) The ratio of computers to students. 

20 (B) The quality of computers and software 

21 available to students at school, including the 

22 type, processing speed, age, or version of such 

23 computers or software. 

24 (C) The availability of Internet access. 

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1 (D) The quality of system maintenance 

2 and technical assistance for the computers. 

3 (E) The number of computer laboratory 

4 courses taught by qualified computer instruc5 tors. 

6 (7) PUPIL SERVICES PERSONNEL.—Access to 

7 the services of qualified pupil services personnel, as 

8 measured by the ratio of students to respective pupil 

9 services personnel who have obtained certification 

10 under a State or national program in providing di11 rect professional services to students. 

12 (b) COMPARABLE EDUCATIONAL SERVICES.—A 

13 State shall provide educational services in public school 

14 districts that receive funds under part A of title I of the 

15 Elementary and Secondary Education Act of 1965 (20 

16 U.S.C. 6311 et seq.) that are, taken as a whole, at least 

17 comparable to educational services provided in public 

18 school districts not receiving such funds. 

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

20 shall comply with any substantive Federal or State court 

21 order in any matter concerning the adequacy or equity of 

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

23 in the order. 

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1 SEC. 113. STATE-ESTABLISHED STANDARDS FOR ACCESS 

2 TO EDUCATIONAL OPPORTUNITY. 

3 (a) ESTABLISHMENT.—In carrying out section 

4 112(a), a State educational agency, in consultation with 

5 local educational agencies, teachers, principals, pupil serv6 ices personnel, administrators, other staff, and parents, 

7 shall develop standards to describe and measure the extent 

8 to which the State provides to the students in each public 

9 school and school district in the State each of the fun10 damentals of educational opportunity described in section 

11 112(a) in terms of ideal, adequate, and basic levels of such 

12 access. 

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

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

15 shall consider, in addition to the factors described in sec16 tion 112(a)— 

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

18 the highest achieving decile of public elementary 

19 schools and secondary schools in the State, as deter20 mined on the basis of student performance on state21 wide student academic assessments, including— 

22 (A) student academic assessments in read23 ing or language arts, mathematics, and science 

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

25 and Secondary Education Act of 1965 (20 

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

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1 (B) national student academic assessments 

2 of reading and mathematics under the National 

3 Assessment of Educational Progress carried out 

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

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

7 (C) State student academic assessments of 

8 reading and mathematics under the National 

9 Assessment of Educational Progress carried out 

10 under section 303(b)(3) of the National Assess11 ment of Educational Progress Authorization 

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

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

14 rural, and minority students; and 

15 (3) other educationally appropriate factors. 

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

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

18 challenging State academic content and achievement 

19 standards, and the high-quality academic assessments, re20 quired under the Elementary and Secondary Education 

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

22 (d) SUBMISSION TO SECRETARY.—A State edu23 cational agency shall submit to the Secretary— 

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

25 required under subsection (a); 

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

2 public school district, elementary school, and sec3 ondary school in the State to each of the fundamen4 tals of educational opportunity described in section 

5 112(a), including identification of any such schools 

6 that do not provide ideal or adequate levels of access 

7 (as defined under subsection (a)); 

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

9 ensuring that the public school system meets the re10 quirements of section 112; and 

11 (4) the information required under subpara12 graphs (B) and (C) of paragraph (1) and paragraph 

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

14 (e) PUBLICATION AND DISSEMINATION TO PAR15 ENTS.—The State annually shall publish the information 

16 submitted under subsection (d) and shall disseminate the 

17 information to the public and the parents of children at18 tending (or who may attend) public schools in the State, 

19 in an understandable and uniform format and, to the ex20 tent practicable, in a language that the parents can under21 stand, through such means as the Internet, the media, and 

22 public agencies. 

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1 Subtitle B—State Accountability 

2 SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE 

3 AND INEQUITABLE STATE PUBLIC SCHOOL 

4 SYSTEMS. 

5 (a) ANNUAL DETERMINATION BY SECRETARY.—Be6 ginning not later than October 1 of the first full school 

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

8 shall annually determine whether each State meets each 

9 of the requirements of section 112. 

10 (b) PUBLICATION BY SECRETARY.—The Secretary 

11 shall publish and make available to the general public (in12 cluding by means of the Internet) the determinations 

13 under subsection (a). 

14 SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF 

15 EDUCATIONAL OPPORTUNITY. 

16 (a) STATE REMEDIATION PLAN.—A State deter17 mined under section 121 not to meet the requirements of 

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

19 not later than 1 year after the determination, a remedi20 ation plan (which the State may amend to improve the 

21 plan or to take into account significantly changed cir22 cumstances), as follows: 

23 (1) LONG-TERM REMEDIATION FOR ACCESS TO

24 FUNDAMENTALS OF EDUCATIONAL OPPORTUNITY.— 

25 If the State is determined not to meet the requireVerDate Aug 31 2005 01:44 Apr 29, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178
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1 ments under section 112(a) (relating to access to the 

2 fundamentals of educational opportunity), the plan 

3 shall provide for the following: 

4 (A) A description of the actions the State 

5 will take to meet the requirements of section 

6 112(a), by not later than 12 years after the end 

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

8 or adequate access (as defined by the State 

9 under section 113) to the fundamentals of edu10 cational opportunity for each public school in 

11 the State. 

12 (B) A timeline for improvement that in13 cludes annual interim goals for increasing the 

14 number of public schools and school districts in 

15 the State that have ideal or adequate levels of 

16 access (as defined by the State under section 

17 113) to each of the fundamentals of educational 

18 opportunity, in order to achieve the required 

19 levels of access within the time described in 

20 subparagraph (A). 

21 (C) Implementation of a single, statewide 

22 accountability system to ensure that the State 

23 achieves the interim goals described in subpara24 graph (B). 

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1 (2) TWO-YEAR REMEDIATION FOR COMPARABLE

2 EDUCATIONAL SERVICES.—If the State is deter3 mined not to meet the requirements of section 

4 112(b) (relating to comparable educational services), 

5 the plan shall describe the actions the State will take 

6 to meet the requirements of such section by not later 

7 than 2 school years after submission of the plan. 

8 (b) DISAPPROVAL OF PLAN.—The Secretary may dis9 approve a plan (or amendment) submitted under sub10 section (a) that the Secretary determines does not meet 

11 the requirements of such subsection. 

12 SEC. 123. CONSEQUENCES OF NONREMEDIATION. 

13 (a) FAILURE TO MEET ANNUAL INTERIM ACCESS

14 GOALS.—Notwithstanding any other provision of law and 

15 in addition to any other consequence under this section, 

16 the Secretary shall withhold 2.75 percent of any funds 

17 otherwise available to a State (or a State educational 

18 agency) for administration of Federal elementary and sec19 ondary education programs for each annual interim goal 

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

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

22 State fails to meet. 

23 (b) CONTINUING FAILURE TO PROVIDE COM24 PARABLE EDUCATIONAL SERVICES.—Notwithstanding 

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

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1 consequence under this section, the Secretary shall with2 hold from a State determined by the Secretary to continue 

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

4 to comparable educational services) at the end of the sec5 ond school year after a plan is required to be submitted 

under section 122, up to 331 6 ⁄3 percent of funds otherwise 

7 available to the State for administration of Federal ele8 mentary and secondary education programs. 

9 (c) NONCOMPLIANCE WITH COURT ORDERS.—Not10 withstanding any other provision of law and in addition 

11 to any other consequence under this section, the Secretary 

12 shall withhold from a State determined by the Secretary 

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

to compliance with court orders) up to 331 14 ⁄3 percent of 

15 funds otherwise available to the State for the administra16 tion of Federal elementary and secondary education pro17 grams. 

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

19 State from which funds are withheld under this section, 

20 the Secretary shall make a determination whether the 

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

22 subsection (a), (b), or (c), has corrected the condition lead23 ing to a withholding of funds and shall distribute withheld 

24 funds as follows: 

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

2 a withholding of funds, the Secretary shall make the 

3 applicable withheld funds available to the State (or 

4 State educational agency). 

5 (2) If the State fails to correct a condition lead6 ing to a withholding of funds, the Secretary shall al7 locate the applicable withheld funds to public schools 

8 or school districts affected by the State’s failure to 

9 make adequate remediation, for the purpose of ena10 bling the school or school district to correct such 

11 condition. 

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

13 a request by a State for a waiver of the withholding provi14 sions of subsections (a) through (c) for a total period of 

15 not more than 1 year if— 

16 (1) the Secretary is satisfied that exceptional 

17 circumstances (such as a precipitous decrease in 

18 State revenues) prevent a State from complying with 

19 the requirements of section 112; and 

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

21 which the State will comply with the requirements of 

22 section 112 by the end of the waiver period. 

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1 Subtitle C—Public Reporting and 

2 Remedy 

3 SEC. 131. ANNUAL REPORT BY SECRETARY ON ADEQUACY 

4 AND EQUITY IN STATE PUBLIC SCHOOL SYS5 TEMS. 

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

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

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

9 Congress a report that provides a detailed analysis of the 

10 public school system of each State. 

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

12 subsection (a) shall include the following information with 

13 respect to each State’s public school system: 

14 (1) BASIC PUBLIC SCHOOL SYSTEM INFORMA15 TION.— 

16 (A) The number of students, elementary 

17 schools, secondary schools, and school districts 

18 in the public school system. 

19 (B) For each such school and school dis20 trict, the number and percentage of— 

21 (i) children counted under section 

22 1124(c) of the Elementary and Secondary 

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

24 6333(c)); and 

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1 (ii) students, disaggregated by groups 

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

3 the Elementary and Secondary Education 

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

5 6311(b)(3)(C)(xiii)). 

6 (C) For each such school, a statement 

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

8 school (as defined by the Commissioner for 

9 Education Statistics). 

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

11 actual dollars and adjusted for cost and need) 

12 for the State and for each school and school 

13 district. 

14 (E) The decile ranking of each school dis15 trict, as measured by achievement in mathe16 matics, reading or language arts, and science 

17 on the academic assessments described in sub18 paragraphs (A) and (C) of section 113(b)(1). 

19 (2) SUCCESS IN PROVIDING FUNDAMENTALS OF

20 EDUCATIONAL OPPORTUNITY.— 

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

22 and basic levels of access established by the 

23 State under section 113 to each of the fun24 damentals of educational opportunity described 

25 under section 112(a). 

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1 (B) For each school and school district, 

2 the following information: 

3 (i) The level of access (as established 

4 under section 113) of the school or school 

5 district to each of the fundamentals of 

6 educational opportunity described in sec7 tion 112(a). 

8 (ii) The percentage of students pro9 ficient in mathematics, reading or lan10 guage arts, and science, as measured 

11 through assessments under section 

12 1111(b)(3)(C)(v) of the Elementary and 

13 Secondary Education Act of 1965 (20 

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

15 (iii) Whether the school or school dis16 trict is making adequate yearly progress 

17 under section 1111(b)(2) of the Elemen18 tary and Secondary Education Act of 1965 

19 (20 U.S.C. 6311(b)(2)). 

20 (C) The number and names of each school 

21 in the State that does not provide each of the 

22 fundamentals of educational opportunity de23 scribed in section 112(a) at an ideal or ade24 quate level (as established under section 113). 

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1 (3) STATE REMEDIATION ACTIONS.—If the 

2 State is determined under section 121 not to meet 

3 the requirements of section 112— 

4 (A) a detailed description and evaluation 

5 of— 

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

7 any remediation plan required to be sub8 mitted by the State under section 122; and 

9 (ii) any other actions taken, or meas10 ures proposed to be taken, by the State to 

11 meet the requirements of section 112; and 

12 (B) a copy of any remediation plan re13 quired to be submitted by the State under sec14 tion 122 (including any amendments). 

15 (4) EFFECTS ON ACADEMIC ACHIEVEMENT.— 

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

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

18 the State under section 113) to each of the fun19 damentals of educational opportunity described in 

20 section 112(a) provided to students in each school 

21 and school district on the outcomes of the academic 

22 assessments identified in section 113(b)(1). 

23 (5) OTHER INFORMATION.— 

24 (A) The most recent information submitted 

25 by the State under section 113(d). 

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

2 summary of any changes in the data required 

3 in paragraphs (1) and (2) for each of the pre4 ceding 3 years (which may be based on such 

5 data as are available for the first 3 reports 

6 under subsection (a)). 

7 (C) Such other information as the Sec8 retary considers useful and appropriate to in9 clude. 

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

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

12 calendar year in which the report is required to be sub13 mitted. 

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

15 State receiving Federal financial assistance for elementary 

16 and secondary education shall submit to the Secretary, at 

17 such time and in such manner as the Secretary may rea18 sonably require, such data as the Secretary deems nec19 essary to make a determination under section 121 and to 

20 submit the report under this section. Such data shall in21 clude the information used to measure the State’s success 

22 in providing the fundamentals of educational opportunity 

23 described in section 112(a). 

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

2 submit the data required to make a determination under 

3 section 121— 

4 (1) the State shall be deemed to have been de5 termined under such section not to meet the applica6 ble requirements of section 112, until the State sub7 mits the data and the Secretary is able to make a 

8 determination under such section based on such 

9 data; and 

10 (2) the Secretary shall— 

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

12 analysis required in subsection (a) for the State 

13 based on the best data available to the Sec14 retary; and 

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

16 submission of the data by the State. 

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

18 make available to the general public (including by means 

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

20 SEC. 132. CIVIL ACTION FOR ENFORCEMENT. 

21 A student or parent of a student aggrieved by a viola22 tion of this Act may bring a civil action against an appro23 priate official in an appropriate United States district 

24 court seeking declaratory and injunctive relief to enforce 

25 the requirements of this Act, together with reasonable atVerDate Aug 31 2005 01:44 Apr 29, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178
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1 torney fees and the costs of the action, without regard to 

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

3 TITLE II—EFFECTS OF EDU4 CATIONAL DISPARITIES ON 

5 ECONOMIC GROWTH AND NA6 TIONAL DEFENSE 

7 SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUC8 TIVITY. 

9 (a) STUDY.—The Commissioner for Education Sta10 tistics, in consultation with the Secretaries of Commerce, 

11 Labor, and the Treasury, shall conduct a comprehensive 

12 study concerning the effects on economic growth and pro13 ductivity of eliminating disparities in public school systems 

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

15 study shall include the following: 

16 (1) The economic costs to the Nation resulting 

17 from the maintenance by States of public school sys18 tems that do not meet the requirements of section 

19 112. 

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

21 elimination of disparities in public school systems 

22 that do not meet the requirements of section 112. 

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

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

25 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 SEC. 202. EFFECTS ON NATIONAL DEFENSE. 

4 (a) STUDY.—The Commissioner for Education Sta5 tistics, in consultation with the Secretary of Defense, shall 

6 conduct a comprehensive study concerning the effects on 

7 national defense of eliminating disparities in public school 

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

9 Such study shall include the following: 

10 (1) The detriments to national defense resulting 

11 from the maintenance by States of public school sys12 tems that do not meet the requirements of section 

13 112, including the effects of education deficits aris14 ing from low-quality schools on— 

15 (A) knowledge and skills necessary for the 

16 effective functioning of the Armed Forces; 

17 (B) the costs to the Armed Forces of 

18 training; and 

19 (C) efficiency resulting from the use of so20 phisticated equipment and information tech21 nology. 

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

23 from the elimination of disparities in public school 

24 systems that do not meet the requirements of section 

25 112. 

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

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

3 for Education Statistics shall submit to the Congress a 

4 final report detailing the results of the study required 

5 under subsection (a). 

6 TITLE III—GENERAL 

7 PROVISIONS 

8 SEC. 301. DEFINITIONS. 

9 In this Act: 

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

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

12 ‘‘highly qualified’’, ‘‘local educational agency’’, ‘‘par13 ent’’, ‘‘pupil services’’, ‘‘pupil services personnel’’, 

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

15 each have the meanings given those terms in section 

16 9101 of the Elementary and Secondary Education 

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

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

19 State’s system of public elementary and secondary 

20 education. 

21 (3) The term ‘‘Federal elementary and sec22 ondary education programs’’ means programs pro23 viding Federal financial assistance for elementary or 

24 secondary education, other than programs under the 

25 following provisions of law: 

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1 (A) The Individuals with Disabilities Edu2 cation Act (20 U.S.C. 1400 et seq.). 

3 (B) Title III of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6801 

5 et seq.). 

6 (C) The Richard B. Russell National 

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

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

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

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

11 States, the District of Columbia, the Commonwealth 

12 of Puerto Rico, the Commonwealth of the Northern 

13 Mariana Islands, American Samoa, Guam, the Vir14 gin Islands, and any other territory or possession of 

15 the United States. 

16 SEC. 302. NOTICE AND OPPORTUNITY FOR HEARING. 

17 The Secretary may make an adverse determination 

18 under this Act only after notice and opportunity for hear19 ing. 

20 SEC. 303. RULEMAKING. 

21 The Secretary may prescribe regulations to carry out 

22 this Act. 

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1 SEC. 304. RULE OF CONSTRUCTION. 

2 Nothing in this Act may be construed to require a 

3 jurisdiction to increase property tax or other tax rates or 

4 to redistribute revenues from such taxes. 

Æ