I
107TH CONGRESS
1ST SESSION
H. R. 340
To amend the Elementary and Secondary Education Act of 1965 to improve
the quality of public education and raise student achievement by increas-
ing investment, strengthening accountability, raising standards for teach-
ers, improving professional development and teacher compensation, re-
warding successful schools, and providing better information to parents,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. ANDREWS,
Mr. BALDACCI, Mr. BONIOR, Mr. BROWN of Ohio, Mr. CONYERS, Mr.
CUMMINGS, Mr. DELAHUNT, Ms. DELAURO, Mr. DINGELL, Mr. FATTAH,
Mr. FILNER, Mr. FROST, Mr. GREEN of Texas, Mr. HINCHEY, Mr.
HINOJOSA, Mr. HOLT, Mr. KIND, Mr. KUCINICH, Mrs. MCCARTHY of
New York, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Ms.
MILLENDER-MCDONALD, Mrs. MINK of Hawaii, Mr. NADLER, Mr.
OWENS, Mr. PAYNE, Ms. PELOSI, Mr. RODRIGUEZ, Mr. REYES, Mr.
RUSH, Ms. SANCHEZ, Mr. SCOTT, Ms. SOLIS, Mr. STARK, Mr. TIERNEY,
Mr. UDALL of New Mexico, Ms. VELA´ZQUEZ, Ms. WOOLSEY, Ms.
DEGETTE, Mr. KENNEDY of Rhode Island, Mr. TOWNS, Mr. ENGEL, and
Mr. DEFAZIO) introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to improve the quality of public education and
raise student achievement by increasing investment,
strengthening accountability, raising standards for teach-
ers, improving professional development and teacher com-
pensation, rewarding successful schools, and providing
better information to parents, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Excellence and Accountability in Education Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I—STUDENT RESULTS
PART A—BASIC PROGRAM
Sec. 101. Low-achieving children meet high standards.
Sec. 102. Purposes and intent.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation and allocation.
Sec. 105. State plans.
Sec. 106. Local educational agency plans.
Sec. 107. Eligible school attendance areas.
Sec. 108. Schoolwide programs.
Sec. 109. Targeted assistance schools.
Sec. 110. School choice.
Sec. 111. Assessment and local educational agency and school improvement.
Sec. 112. State assistance for school support and improvement.
Sec. 113. Academic achievement awards program; improving State assessments.
Sec. 114. Parental involvement changes.
Sec. 115. Qualifications for teachers and paraprofessionals.
Sec. 116. Professional development.
Sec. 117. Participation of children enrolled in private schools.
Sec. 118. Requirements; records.
Sec. 119. Coordination requirements.
Sec. 120. Amounts for grants.
Sec. 121. Basic grants to local educational agencies.
Sec. 122. Concentration grants.
Sec. 123. Targeted grants.
Sec. 124. Special allocation procedures.
PART B—EDUCATION OF MIGRATORY CHILDREN
Sec. 131. State allocations.
Sec. 132. State applications; services.
Sec. 133. Authorized activities.
Sec. 134. Coordination of migrant education activities.
PART C—NEGLECTED OR DELINQUENT YOUTH
Sec. 141. Neglected or delinquent youth.
Sec. 142. Findings.
Sec. 143. Allocation of funds.
Sec. 144. State plan and State agency applications.
Sec. 145. Use of funds.
Sec. 146. Purpose.
Sec. 147. Transition services.
Sec. 148. Programs operated by local educational agencies.
Sec. 149. Local educational agency applications.
Sec. 150. Uses of funds.
Sec. 151. Program requirements.
Sec. 152. Program evaluations.
PART D—GENERAL PROVISIONS
Sec. 161. General provisions.
PART E—COMPREHENSIVE SCHOOL REFORM
Sec. 171. Comprehensive school reform.
TITLE II—SMART CLASSROOMS
Sec. 201. Smart classrooms.
Sec. 202. Reading Excellence Act.
Sec. 203. Student loan forgiveness for teachers.
TITLE III—TECHNOLOGY FOR EDUCATION
Sec. 301. Technology for education.
TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Sec. 401. Safe and drug-free schools and communities.
TITLE V—MAGNET SCHOOLS ASSISTANCE, PUBLIC SCHOOL
CHOICE, AND NATIONAL PRIORITIES
Sec. 501. Magnet schools assistance.
Sec. 502. Women’s educational equity.
Sec. 503. Fund for the improvement of education.
Sec. 504. Amendment to ESEA relating to gifted and talented children.
Sec. 505. Charter schools.
Sec. 506. Arts in education.
Sec. 507. Inexpensive book distribution program.
Sec. 508. Civic education.
Sec. 509. Allen J. Ellender fellowship program.
Sec. 510. 21st century community learning centers.
Sec. 511. Rural education achievement program.
Sec. 512. Physical education for progress.
Sec. 513. Coordinated services.
Sec. 514. Dropout prevention.
Sec. 515. Office of Dropout Prevention and Program Completion.
Sec. 516. Impact Aid amendments.
TITLE VI—INNOVATIVE EDUCATIONAL STRATEGIES
Sec. 601. Innovative educational strategies.
Sec. 602. School construction and renovation grants.
TITLE VII—EDUCATION OF LIMITED ENGLISH PROFICIENT
CHILDREN AND EMERGENCY IMMIGRANT EDUCATION
Sec. 701. Programs authorized.
TITLE VIII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION
Sec. 801. Amendments.
Sec. 802. Native Hawaiian education.
Sec. 803. Alaska native education.
TITLE IX—GENERAL PROVISIONS
Sec. 901. General provisions.
TITLE X—REPEALS; EFFECTIVE DATE
Sec. 1001. Repeals; effective date.
TITLE XI—AMENDMENTS TO OTHER ACTS
Sec. 1101. Amendments to Education Amendments of 1978.
Sec. 1102. Amendments to Tribally Controlled Schools Act of 1988.
Sec. 1103. Amendments to Stewart B. McKinney Homeless Assistance Act.
SEC. 2. REFERENCES.
Except as otherwise expressly provided—
(1) whenever in this Act an amendment or re-
peal is expressed in terms of an amendment to, or
repeal of, a title, chapter, part, subpart, section,
subsection, or other provision, the reference shall be
considered to be made to a title, chapter, part, sub-
part, section, subsection, or other provision of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.); and
(2) each reference in this Act to ‘‘the Act’’ shall
be considered to be a reference to the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
TITLE I—STUDENT RESULTS
PART A—BASIC PROGRAM
SEC. 101. LOW-ACHIEVING CHILDREN MEET HIGH STAND-
ARDS.
The heading for title I is amended by striking ‘‘DIS-
ADVANTAGED’’ and inserting ‘‘LOW-ACHIEV-
ING’’.
SEC. 102. PURPOSES AND INTENT.
Section 1001 (20 U.S.C. 6301) is amended to read
as follows:
‘‘SEC. 1001. FINDINGS; RECOGNITION OF NEED; AND STATE-
MENT OF PURPOSE.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) Schools that enroll high concentrations of
children living in poverty face the greatest challenges
but effective educational strategies based on scientif-
ically based research can succeed in educating chil-
dren to high standards.
‘‘(2) High-poverty schools are much more likely
to be identified as failing to meet State standards
for satisfactory progress. As a result, these schools
are generally the most in need of additional re-
sources and technical assistance to build the capac-
ity of these schools to address the many needs of
their students.
‘‘(3) The educational progress of children par-
ticipating in programs under this title is closely as-
sociated with their being taught by a fully qualified
staff, particularly in schools with the highest con-
centrations of poverty, where paraprofessionals,
uncertified teachers, and teachers teaching out of
field frequently provide instructional services.
‘‘(4) States, local educational agencies, and
schools should be held accountable for improving
student achievement, while being given appropriate
flexibility.
‘‘(5) Programs funded under this part must
demonstrate increased effectiveness in improving
schools in order to ensure all children achieve to
high standards.
‘‘(b) RECOGNITION OF NEED.—The Congress recog-
nizes the following:
‘‘(1) Educational needs are particularly great
for low-achieving children in our Nation’s highest-
poverty schools, children with limited English pro-
ficiency, children of migrant workers, children with
disabilities, Indian children, children who are ne-
glected or delinquent and young children and their
parents who are in need of family literacy services.
‘‘(2) Despite decades of education reform ef-
forts, a sizable achievement gap remains between
minority and nonminority students, and between dis-
advantaged students and their more advantaged
peers.
‘‘(3) States, local educational agencies and
schools should be held accountable for improving the
academic achievement of all students, and for identi-
fying and turning around low-performing schools.
‘‘(4) Federal education assistance is intended
not only to increase pupil achievement overall, but
also more specifically and importantly, to help en-
sure that all pupils, especially the disadvantaged,
meet challenging standards for curriculum content
and pupil performance. It can only be determined if
schools, local educational agencies, and States, are
reaching this goal if pupil achievement results are
disaggregated by at-risk categories.’’.
‘‘(c) PURPOSE AND INTENT.—The purpose and in-
tent of this title are to ensure that all children have a
fair and equal opportunity to obtain a high quality edu-
cation.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) LOCAL EDUCATIONAL AGENCY GRANTS.—Sub-
section (a) of section 1002 (20 U.S.C. 6302(a)) is amend-
ed by striking ‘‘$7,400,000,000 for fiscal year 1995’’ and
all that follows through the period and inserting
$10,321,000,000 for fiscal year 2002, $12,040,000,000
for fiscal year 2003, $13,760,000,000 for fiscal year 2004,
$15,481,000,000 
for 
fiscal 
year 
2005, 
and
$17,200,000,000 for fiscal year 2006.’’.
(b) EVEN START.—Subsection (b) of section 1002
(20 
U.S.C. 
6302(b)) 
is 
amended 
by 
striking
‘‘$250,000,000 for fiscal year 2001’’ and inserting
‘‘$300,000,000 for fiscal year 2002’’.
(c) EDUCATION OF MIGRATORY CHILDREN.—Sub-
section (c) of section 1002 (20 U.S.C. 6302(c)) is amend-
ed by striking ‘‘$310,000,000 for fiscal year 1995’’ and
inserting ‘‘$450,000,000 for fiscal year 2002’’.
(d) PREVENTION
AND INTERVENTION PROGRAMS
FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT
RISK OF DROPPING OUT.—Subsection (d) of section 1002
(20 U.S.C. 6302(d)) is amended by striking ‘‘$40,000,000
for fiscal year 1995’’ and inserting ‘‘$60,000,000 for fiscal
year 2002’’.
(e) CAPITAL EXPENSES.—Subsection (e) of section
1002 (20 U.S.C. 6302(e)) is amended to read as follows:
‘‘(e) CAPITAL EXPENSES.—For the purpose of car-
rying out section 1120(e), there are authorized to be ap-
propriated $10,000,000 for fiscal year 2002.’’.
(f) ADDITIONAL ASSISTANCE.—Subsection (f) of sec-
tion 1002 is amended to read as follows:
‘‘(f) SCHOOL IMPROVEMENT.—Each State may re-
serve for the purpose of carrying out its duties under sec-
tion 1116 and 1117, the greater of one-half of 1 percent
of the amount allocated under this part, or $200,000.’’.
(g) FEDERAL ACTIVITIES.—Subsection (g) of section
1002 (20 U.S.C. 6302(g)) is amended by striking ‘‘1995’’
each place it appears and inserting ‘‘2002’’.
(h) STATE
ADMINISTRATION.—Section 1002 is
amended by adding at the end the following:
‘‘(h) STATE ADMINISTRATION.—
‘‘(1) STATE
RESERVATION.—Each State may
reserve, from the grants it receives under parts A,
C, and D, of this title, an amount equal to the
greater of—
‘‘(A) 1 percent of the amount it received
under parts A, C, and D; or
‘‘(B) $400,000 ($50,000 for each outlying
area), to carry out administrative duties as-
signed under parts A, C, and D.
‘‘(2) SPECIAL RULE.—The amount reserved by
each State under this subsection may not exceed the
amount of State funds expended by the State edu-
cational agency to administer elementary and sec-
ondary education programs in such State.
‘‘(i) ASSISTANCE
FOR LOCAL SCHOOL IMPROVE-
MENT.—
‘‘(1) PROGRAM
AUTHORIZED.—The Secretary
shall award grants to States to provide subgrants to
local educational agencies for the purpose of pro-
viding assistance for school improvement consistent
with section 1116. Such grants shall be allocated
among States, the Bureau of Indian Affairs, and the
outlying areas, in the same proportion to the grants
received by each State, the Bureau of Indian Affairs,
and the outlying areas for the fiscal year under
parts A, C, and D of this title. The Secretary shall
expeditiously allocate a portion of such funds to
States for the purpose of assisting local educational
agencies and schools that were in school improve-
ment status on the date preceding the date of the
enactment of the Excellence and Accountability in
Education Act.
‘‘(2) REALLOCATIONS.—If a State does not
apply for funds under this subsection, the Secretary
‘‘(C) renewable for 2 additional 1-year pe-
riods if schools are making yearly progress con-
sistent with State and local educational agency
plans developed under section 1116.
‘‘(5) PRIORITY.—The State, in awarding such
grants, shall give priority to local educational agen-
cies with the lowest achieving schools, that dem-
onstrate the greatest need for such funds, and that
demonstrate the strongest commitment to making
sure such funds are used to provide adequate re-
sources to enable such schools to meet the yearly
progress goals under State and local school improve-
ment and corrective action plans under section 1116.
‘‘(6) ADMINISTRATIVE
COSTS.—A State edu-
cational agency that receives a grant award under
this subsection may reserve not more than 5 percent
of such award for administration, evaluation, and
technical assistance expenses.
‘‘(7) LOCAL AWARDS.—Each local educational
agency that applies for assistance under this sub-
section shall describe how it will provide the lowest
achieving schools the resources necessary to meet
yearly progress goals under State and local school
improvement and corrective action plans under sec-
tion 1116.
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
For the purpose of carrying out this subsection,
there 
are 
authorized 
to 
be 
appropriated
$250,000,000 for fiscal year 2002, $300,000,000 for
fiscal year 2003, $350,000,000 for fiscal year 2004,
$400,000,000 
for 
fiscal 
year 
2005, 
and
$450,000,000 for fiscal year 2006.’’.
SEC. 104. RESERVATION AND ALLOCATION.
Section 1003 (20 U.S.C. 6303) is repealed.
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read
as follows:
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—Any State desiring to re-
ceive a grant under this part shall submit to the
Secretary a plan, developed in consultation with local
educational agencies, teachers, pupil services per-
sonnel, administrators (including administrators of
programs described in other parts of this title),
other staff, and parents, that satisfies the require-
ments of this section and that is coordinated with
other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Vo-
cational and Technical Education Act of 1998, and
the Head Start Act.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 10202.
‘‘(b) STANDARDS, ASSESSMENTS, AND ACCOUNT-
ABILITY.—
‘‘(1) CHALLENGING
STANDARDS.—(A) Each
State plan shall demonstrate that the State has
adopted and implemented challenging content stand-
ards and challenging student performance standards
that will be used by the State, its local educational
agencies, and its schools to carry out this part, ex-
cept that a State shall not be required to submit
such standards to the Secretary.
‘‘(B) The standards required by subparagraph
(A) shall be the same standards that the State ap-
plies to all schools and children in the State.
‘‘(C) The State shall have such standards for
elementary and secondary school children served
under this part in subjects determined by the State,
but including at least mathematics, reading or lan-
guage arts, and science, which shall include the
same knowledge, skills, and levels of performance ex-
pected of all children.
‘‘(D) Standards under this paragraph shall
include—
‘‘(i) challenging content standards in aca-
demic subjects that—
‘‘(I) specify what children are ex-
pected to know and be able to do;
‘‘(II) contain coherent and rigorous
content; and
‘‘(III) encourage the teaching of ad-
vanced skills; and
‘‘(ii) 
challenging 
student 
performance
standards that—
‘‘(I) are aligned with the State’s con-
tent standards;
‘‘(II) describe 2 levels of high per-
formance, proficient and advanced, that
determine how well children are mastering
the material in the State content stand-
ards; and
‘‘(III) describe a third level of per-
formance, basic, to provide complete infor-
mation about the progress of the lower
performing children toward achieving to
the proficient and advanced levels of per-
formance.
‘‘(E) 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 de-
velop, and has not otherwise developed such stand-
ards, the State plan shall describe a strategy for en-
suring that such students are taught the same
knowledge and skills and held to the same expecta-
tions as are all children.
‘‘(2) ADEQUATE YEARLY PROGRESS.—
‘‘(A) IN GENERAL.—Each State plan shall
demonstrate, based on assessments described
under paragraph (4), what constitutes adequate
yearly progress of—
‘‘(i) any school served under this part
toward enabling all children to meet the
State’s challenging student performance
standards;
‘‘(ii) any local educational agency that
received funds under this part toward ena-
bling all children in schools receiving as-
sistance under this part to meet the
State’s challenging student performance
standards; and
‘‘(iii) the State in enabling all children
in schools receiving assistance under this
part to meet the State’s challenging stu-
dent performance standards.
‘‘(B) 
DEFINITION.—Adequate 
yearly
progress shall be defined in a manner that—
‘‘(i) applies the same high standards
of academic performance to all students in
the State;
‘‘(ii) takes into account the progress
of all students in the State and in each
local educational agency and school served
under section 1114 or 1115;
‘‘(iii) uses the State challenging con-
tent and challenging student performance
standards and assessments described in
paragraphs (1) and (4);
‘‘(iv) compares separately, within each
State, local educational agency, and school,
the performance and progress of students
by gender, each major ethnic and racial
group, by English proficiency status, by
migrant status, by students with disabil-
ities as compared to nondisabled students,
and by economically disadvantaged stu-
dents as compared to students who are not
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 statis-
tically reliable information or the results
would reveal individually identifiable infor-
mation about an individual student);
‘‘(v) compares the proportions of stu-
dents at the ‘basic’, ‘proficient’, and ‘ad-
vanced’ levels of performance with the pro-
portions of students at each of the 3 levels
in the same grade in the previous school
year;
‘‘(vi) includes annual numerical goals
for improving the performance of all
groups specified in clause (iv) and nar-
rowing gaps in performance between these
groups; and
‘‘(vii) includes a timeline for ensuring
that each group of students described in
clause (iv) meets or exceeds the State’s
proficient level of performance on each
State assessment used for the purposes of
section 1111 and section 1116 not later
than 10 years after the date of the enact-
ment of the Excellence and Accountability
in Education Act; and
‘‘(viii) at the State’s discretion, may
also include other academic measures such
as promotion, completion of college pre-
paratory courses, and high school comple-
tion, except that inclusion of such other
measures may not change which schools or
local educational agencies would otherwise
be subject to improvement or corrective ac-
tion under section 1116 if the discretionary
indicators were not included.
‘‘(C) 
ANNUAL
IMPROVEMENT
FOR
STATES.—For a State to make adequate yearly
progress under subparagraph (A)(iii), not less
than 90 percent of the local educational agen-
cies within its jurisdiction shall meet the State’s
criteria for adequate yearly progress.
‘‘(D) ANNUAL IMPROVEMENT FOR LOCAL
EDUCATIONAL
AGENCIES.—For a local edu-
cational agency to make adequate yearly
progress under subparagraph (A)(ii), not less
than 90 percent of the schools within its juris-
diction must meet the State’s criteria for ade-
quate yearly progress.
‘‘(E) 
ANNUAL
IMPROVEMENT
FOR
SCHOOLS.—For a school to make adequate
yearly progress under subparagraph (A)(i), not
less than 90 percent of each group of students
described in subparagraph (A)(iv) who are en-
rolled in such school are required to take the
assessments 
consistent 
with 
section
612(a)(17)(A) of the Individuals with Disabil-
ities Education Act and paragraph (4)(F)(iv)
on which adequate yearly progress is based.
The requirement of this subparagraph must be
met for such assessments to be used to deter-
mine whether a school is making adequate year-
ly progress.
‘‘(F) PUBLIC
NOTICE
AND
COMMENT.—
Each State shall ensure that in developing its
plan for adequate yearly progress, it diligently
seeks public comment from a range of institu-
tions and individuals in the State with an inter-
est in improved student achievement and that
the State makes and will continue to make a
substantial effort to ensure that information
under this part is widely known and understood
by the public, parents, teachers, and school ad-
ministrators throughout the State. Such efforts
shall include, at a minimum, publication of such
information and explanatory text, broadly to the
public through such means as the Internet, the
media, and public agencies.
‘‘(G) REVIEW.—The Secretary shall review
the information from States on the adequate
yearly progress of schools and local educational
agencies required under subparagraphs (A) and
(B) for the purpose of determining State and
local compliance with section 1116.
‘‘(H) REVISION.—The Secretary shall re-
quire States to revise their definition of ade-
quate yearly progress, consistent with the re-
quirements of this paragraph. Such revisions
shall be submitted to the Secretary for approval
not later than 1 year after the date of the en-
actment of the Excellence and Accountability in
Education Act.
‘‘(3) STATE
AUTHORITY.—If a State edu-
cational agency provides evidence, which is satisfac-
tory to the Secretary, that neither the State edu-
cational agency nor any other State government offi-
cial, agency, or entity has sufficient authority, under
State law, to adopt curriculum content and student
performance standards, and assessments aligned
with such standards, which will be applicable to all
students enrolled in the State’s public schools, then
the State educational agency may meet the require-
ments of this subsection by—
‘‘(A) adopting standards and assessments
that meet the requirements of this subsection,
on a statewide basis, 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 which receives grants under this
part will adopt curriculum content and student
performance 
standards, 
and 
assessments
aligned with such standards, which meet all of
the criteria in this subsection and any regula-
tions regarding such standards and assessments
which the Secretary may publish, and which are
applicable to all students served by each such
local educational agency.
‘‘(4) ASSESSMENTS.—Each State plan shall
demonstrate that the State has implemented and is
administering a set of high-quality, yearly student
assessments that include, at a minimum, assess-
ments in mathematics, reading or language arts, and
science as the primary means of determining the
‘‘(iii) grades 10 through 12;
‘‘(E) involve multiple up-to-date measures
of student performance, including measures
that assess higher order thinking skills and un-
derstanding;
‘‘(F) provide for—
‘‘(i) the participation in such assess-
ments of all students;
‘‘(ii) the reasonable adaptations and
accommodations for students with disabil-
ities defined under 602(3) of the Individ-
uals with Disabilities Education Act nec-
essary to measure the achievement of such
students relative to State content and
State student performance standards; and
‘‘(iii) the inclusion of limited English
proficient students who shall be assessed,
to the extent practicable, in the language
and form most likely to yield accurate and
reliable information on such students’
knowledge of, and skills in, the subject
area being assessed;
‘‘(G) 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 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 edu-
cational agency;
‘‘(H) provide individual student reports,
which include assessment scores, or other infor-
mation on the attainment of student perform-
ance standards; and
‘‘(I) enable results to be disaggregated
within each State, local educational agency, and
school by gender, by each major racial and eth-
nic group, by English proficiency status, by mi-
grant status, by students with disabilities as
compared to nondisabled students, and by eco-
nomically disadvantaged students as compared
to students who are not economically disadvan-
taged.
‘‘(5) SPECIAL RULE.—
‘‘(A) IN GENERAL.—Assessment measures
that do not meet the requirements of paragraph
(4)(C) may be included as one of the multiple
measures, if a State includes in the State plan
information regarding the State’s efforts to
validate such measures.
‘‘(B) STUDENT LITERACY SKILLS.—States
may measure the literacy skills of students 1 or
more times during grades K–2. Such measure-
ment shall serve only as a diagnostic tool, with
its sole purpose being the improvement of read-
ing instruction.
‘‘(6) LANGUAGE
ASSESSMENTS.—Each State
plan shall identify the languages other than English
that are present in the participating student popu-
lation and indicate the languages for which yearly
student assessments are not available and are need-
ed. The State shall make every effort to develop
such assessments and may request assistance from
the Secretary if linguistically accessible assessment
measures are needed. Upon request, the Secretary
shall assist with the identification of appropriate as-
sessment measures in the needed languages, but
shall not mandate a specific assessment or mode of
instruction.
‘‘(7) REQUIREMENT.—Each State plan shall
describe—
‘‘(A) how the State educational agency will
ensure that each local educational agency and
school affected by the State plan to develop the
capacity to comply with each of the require-
ments of sections 1112(c)(1)(D), 1114(c), and
1115(c) that is applicable to such agency or
school;
‘‘(B) what specific steps the State edu-
cational agency will take to assist, and provide
resources to, schools and local educational agen-
cies that receive funds under this part to ensure
that all students enrolled in such schools and
local educational agencies reach, at a minimum,
the proficient level of performance;
‘‘(C) the actions the State will take to en-
sure that critical education services and re-
sources are available in local educational agen-
cies that receive funds under this part to the
extent that such services are available in local
educational agencies that do not receive funds
under this part;
‘‘(D) whether services in local educational
agencies that receive funds under this part are
of comparable quality to the services in local
educational agencies that do not receive funds
under this part;
‘‘(E) at a minimum—
‘‘(i) how the State will ensure, not
later than December 1, 2004, that stu-
dents from families with incomes below the
poverty line and minority students receive
instruction from fully qualified teachers at
the same rate as other students;
‘‘(ii) how the State will ensure, not
later than December 1, 2004, that stu-
dents from families with incomes below the
poverty line and minority students have
the same access to challenging curricula
and rigorous courses, including advance
placement courses, as do other students;
‘‘(iii) how the State will ensure, not
later than December 1, 2004, that the
quality and availability of instructional ma-
terials and instructional resources includ-
ing technology in local educational agencies
receiving funds under this part, is com-
parable to such quality and availability in
local educational agencies not receiving
funds under this part; and
‘‘(F) the measures that the State edu-
cational agency will use annually to measure
and publicly report progress regarding subpara-
graph (E).
‘‘(8) EXCLUSION FROM ASSESSMENTS.—
‘‘(A) IN
GENERAL.—Local educational
agencies receiving funds under this part shall
compile information and report, by individual
school, on students who do not participate in
assessments required under paragraph (4).
Such report, which shall be distributed widely
to the public, shall include—
‘‘(i) a list of each reason that students
did not participate in any such assessment;
and
‘‘(ii) the number from each group of
students described in paragraph (2)(B)(iv)
who did not participate on any such as-
sessment for each reason.
‘‘(B) 
PROTECTION.—Reports 
required
under subparagraph (A) shall not report infor-
mation in a case in which it would reveal indi-
vidually identifiable information.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—Each State plan shall contain assur-
ances that—
‘‘(1) 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 to carry out the State edu-
cational agency’s responsibilities under this part, in-
cluding technical assistance in providing professional
development under section 1119 and technical as-
sistance under section 1117; and
‘‘(2)(A) where educational service agencies
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through such agencies; and
‘‘(B) where educational service agencies do not
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through other cooperative agreements such as
through a consortium of local educational agencies;
‘‘(3) the State educational agency will notify
local educational agencies and the public of the con-
tent and student performance standards and assess-
ments developed under this section, and of the au-
thority to operate schoolwide programs, and will ful-
fill the State educational agency’s responsibilities re-
garding local educational agency improvement and
school improvement under section 1116, including
such corrective actions as are necessary;
‘‘(4) the State educational agency will provide
the least restrictive and burdensome regulations for
local educational agencies and individual schools par-
ticipating in a program assisted under this part;
‘‘(5) if applicable, the State educational agency
will inform the Secretary and the public of how and
which Federal laws hinder the ability of States—
‘‘(A) to improve overall student achieve-
ment; and
‘‘(B) to close achievement gaps between
groups of students described in subsection
(b)(2)(A)(iv);
‘‘(6) the State educational agency will encour-
age schools to consolidate funds from other Federal,
State, and local sources for schoolwide reform in
schoolwide programs under section 1114;
‘‘(7) 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 pro-
grams under section 1114;
‘‘(8) the State educational agency has involved
the committee of practitioners established under sec-
tion 1603(b) in developing the plan and monitoring
its implementation; and
‘‘(9) the State educational agency will inform
local educational agencies of the local educational
agency’s authority to seek waivers under title X and,
if the State is an Ed-Flex Partnership State, waivers
under the Education Flexibility Partnership Act of
1999 (30 U.S.C. 589a et seq.).
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) SECRETARIAL
DUTIES.—The Secretary
shall—
‘‘(A) establish a peer review process to as-
sist in the review of State plans;
‘‘(B) approve a State plan after its submis-
sion unless the Secretary determines that the
plan does not meet the requirements of this sec-
tion;
‘‘(C) 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;
‘‘(D) 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 re-
quirements under subsections (a), (b), and
(c); and
‘‘(iii) providing a hearing;
‘‘(E) have the authority to disapprove a
State plan for not meeting the requirements of
this part, but shall not have the authority to re-
quire 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 content standards or to use specific as-
sessment instruments or items; and
‘‘(2) STATE
REVISIONS.—States shall revise
their plans if necessary to satisfy the requirements
of this section. Revised plans shall be submitted to
the Secretary for approval not later than 1 year
after the date of the enactment of the Excellence
and Accountability in Education Act.
‘‘(e) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) be submitted for the first year for
which this part is in effect after the date of the
enactment of the Excellence and Accountability
in Education Act;
‘‘(B) remain in effect for the duration of
the State’s participation under this part; and
‘‘(C) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(2) ADDITIONAL INFORMATION.—If the State
makes significant changes in its plan, such as the
adoption of new State content standards and State
student performance standards, new assessments, or
a new definition of adequate yearly progress, the
State shall submit such information to the Sec-
retary.
‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this
part shall be construed to authorize an officer or employee
of the Federal Government to mandate, direct, or control
a State, local educational agency, or school’s specific in-
structional content or student performance standards and
assessments, curriculum, or program of instruction, as a
condition of eligibility to receive funds under this part.
‘‘(g) PENALTIES.—
‘‘(1) IN GENERAL.—If a State fails to dem-
onstrate that it has in place challenging content
standards and student performance standards and
assessments, and a system for measuring and moni-
toring adequate yearly progress which includes the
disaggregation of data by groups, as described in
subsection (b)(2)(A)(iv), the State shall be ineligible
to receive any administrative funds under section
1002(h) that exceed the amount received by the
State for such purpose in the previous year.
‘‘(2) ADDITIONAL FUNDS.—Based on the extent
to which the requirements of paragraph (1) are not
met, additional administrative funds shall be with-
held in such amount as the Secretary determines ap-
propriate, except that for each additional year that
the State fails to comply with such requirements, the
Secretary shall withhold not less than one-fifth of
the amount the State receives for administrative ex-
penses under section 1002(h).
‘‘(3) WAIVER.—Notwithstanding title X of this
Act and the Education Flexibility Partnership Act of
1999 or any other provision of law, a waiver shall
not be granted except that a State may request a 1-
time, 1-year waiver to meet the requirements of this
section.
‘‘(h) SCHOOL REPORT CARDS; PARENTAL INFORMA-
TION.—
‘‘(1) IN GENERAL.—
‘‘(A) ANNUAL
REPORT.—Not later than
the beginning of the 2002–2003 school year, a
State that receives assistance under this Act
shall prepare and publicly disseminate an an-
nual report on all schools that receive funds
under this part. States and local educational
agencies may issue report cards under this sec-
tion only for local educational agencies and
schools receiving funds under this part, except
that if a State or local educational agency
issues a report card for all students, the State
or local educational agency may include the in-
formation under this section as part of such re-
port card.
‘‘(B) IMPLEMENTATION.—The State shall
ensure the dissemination of this information at
all levels. Such information shall be—
‘‘(i) concise; and
‘‘(ii) presented in a format and man-
ner that parents can understand, and
which, to the extent practicable, shall be in
a language the parents can understand.
‘‘(2) CONTENT OF ANNUAL STATE REPORTS.—
‘‘(A) 
REQUIRED
INFORMATION.—The
State shall, at a minimum, include in the an-
nual State reports information for the State on
each local educational agency and school
regarding—
‘‘(i) student performance on statewide
assessments for the current and preceding
years in at least mathematics, reading or
language arts, and science, including—
‘‘(I) a comparison of the propor-
tions of students who performed at
‘basic’, ‘proficient’, and ‘advanced’
levels in each subject area, for each
grade level at which assessments are
required under this part, with propor-
tions in each of the same 3 categories
at the same grade levels in the pre-
vious school year; and
‘‘(II) a statement of the percent-
age of students not tested and a list-
ing of categories of the reasons why
they were not tested;
‘‘(ii) retention in grade, completion of
advanced placement courses, and 4-year
graduation rates;
‘‘(iii) the professional qualifications of
teachers in the aggregate, including the
percentage of course sections in core aca-
demic subjects taught by teachers with
emergency or provisional credentials, and
the percentage of class sections not taught
by fully qualified teachers; and
‘‘(iv) the professional qualifications of
paraprofessionals, the number of para-
professionals in the aggregate and the
ratio of paraprofessionals to teachers in
the classroom.
‘‘(B) STUDENT
DATA.—Student data in
each report shall contain disaggregated results
for the following categories:
‘‘(i) gender;
‘‘(ii) racial and ethnic group;
‘‘(iii) migrant status;
‘‘(iv) students with disabilities, as
compared to students who are not disabled;
‘‘(v) economically disadvantaged stu-
dents, as compared to students who are
not economically disadvantaged; and
‘‘(vi) students with limited English
proficiency, as compared to students who
are proficient in English.
‘‘(C) OPTIONAL
INFORMATION.—A State
may include in its report any other information
it determines appropriate to reflect school qual-
ity and school achievement, including informa-
tion on average class size by grade level, and in-
formation on school safety, such as the inci-
dence of school violence and drug and alcohol
abuse, and the incidence of student suspensions
and expulsions.
‘‘(3) CONTENT OF LOCAL EDUCATIONAL AGEN-
CIES REPORTS.—
‘‘(A) 
MINIMUM
REQUIREMENTS.—The
State shall ensure that each local educational
agency collects appropriate data and publishes
and publicly disseminates an annual report for
each of its schools which includes, at a
minimum—
‘‘(i) the information described in para-
graphs (2)(A) and (2)(B) for each local
educational agency and school—
‘‘(I) in the case of a local edu-
cational agency—
‘‘(aa) the number and per-
centage of schools identified for
school 
improvement, 
including
schools identified under section
1116(b) of this Act;
‘‘(bb) 
information 
that
shows how students in its schools
perform on the statewide assess-
ment compared to students in the
State as a whole;
‘‘(II) in the case of a school—
‘‘(aa) whether it has been
identified for school improve-
ment; and
‘‘(bb) 
information 
that
shows how its students performed
on the statewide assessment com-
pared to students in the local
educational agency and the State
as a whole.
‘‘(B) OTHER INFORMATION.—A local edu-
cational agency may include in its annual re-
ports any other appropriate information wheth-
er or not such information is included in the
annual State report.
‘‘(4) DISSEMINATION
AND
ACCESSIBILITY
OF
REPORTS.—
‘‘(A) STATE REPORTS.—State annual re-
ports under paragraph (2) shall be dissemi-
nated to all schools and local educational agen-
cies in the State, and made broadly available to
the public through means such as posting on
the Internet, distribution to the media, and dis-
tribution through public agencies.
‘‘(B) LOCAL
EDUCATIONAL
AGENCY
RE-
PORTS.—Local 
educational 
agency 
reports
under paragraph (3) shall be disseminated to
all schools in the school district and to all par-
ents of students attending these schools and
made broadly available to the public through
means such as posting on the Internet, distribu-
tion to the media, and distribution through
public agencies.
‘‘(5) PARENT’S RIGHT-TO-KNOW.—
‘‘(A) 
QUALIFICATIONS.—A 
local 
edu-
cational agency that receives funds under this
part shall provide, upon request, in an under-
standable and uniform format, to any parent of
a student attending any school receiving funds
under this part, information regarding the pro-
fessional qualifications of the student’s class-
room 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 sta-
tus through which State qualification or li-
censing criteria have been waived.
‘‘(iii) The baccalaureate degree major
of the teacher and any other graduate cer-
tification or degree held by the teacher,
and the field of discipline of the certifi-
cation or degree.
‘‘(iv) Whether the child is provided
services by paraprofessionals and the quali-
fications of such paraprofessional.
‘‘(B) ADDITIONAL INFORMATION.—In ad-
dition to the information which parents may re-
quest under subparagraph (A), and the infor-
mation provided in subsection (c), a school
which receives funds under this part shall pro-
vide to each individual parent or guardian—
‘‘(i) information on the level of per-
formance of the individual student for
whom they are the parent or guardian in
each of the State assessments as required
under this part; and
‘‘(ii) timely notice that the student for
whom they are the parent or guardian has
been assigned or has been taught for 2 or
more consecutive weeks by a substitute
teacher or by a teacher not fully qualified.
‘‘(C) NOTIFICATION.—A local educational
agency shall notify parents of students attend-
ing any school receiving funds under this part,
on an annual basis, of their ability to request
information under this paragraph and initially
not later than 1 year after the date of the en-
actment of the Excellence and Accountability in
Education Act. A local educational agency shall
provide such notification to parents in a format,
and to the extent practicable, in a language
they can understand.
‘‘(6) PLAN CONTENT.—A State shall include in
its plan under subsection (b) an assurance that it
has in effect a policy that meets the requirements of
this section.
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that
protects the privacy of individuals.
‘‘(j) SPECIAL RULE ON SCIENCE STANDARDS AND
ASSESSMENTS.—Notwithstanding subsections (b) and (h),
no State shall be required to meet the requirements under
this title relating to science standards or assessments until
the beginning of the 2006–2007 school year.’’.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) PLANS REQUIRED.—
(1) Paragraph (1) of section 1112(a) (20
U.S.C. 6312(a)(1)) is amended by striking ‘‘the
Goals 2000: Educate America Act’’ and all that fol-
lows and inserting the following: ‘‘the Individuals
with Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
the Head Start Act, and other Acts, as appro-
priate.’’.
(2) Paragraph (2) of section 1112(a) is amend-
ed by striking ‘‘14304’’ and inserting ‘‘10204’’.
(b) PLAN PROVISIONS.—Subsection (b) of section
1112 (20 U.S.C. 6312(b)) is amended—
(1) by striking ‘‘Each’’ in the matter preceding
paragraph (1) and inserting ‘‘In order to help low-
achieving children achieve to high standards, each’’;
(2) in paragraph (1)—
(A) by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘title’’;
(B) in subparagraph (B), by inserting
‘‘low-achieving’’ before ‘‘children’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(D) by inserting ‘‘and’’ at the end of sub-
paragraph (C); and
(E) by adding at the end the following new
subparagraph:
‘‘(D) determine the literacy levels of first
graders and their need for interventions, and a
description of how the local educational agency
will ensure that any such assessments—
‘‘(i) are developmentally appropriate;
and
‘‘(ii) use multiple measures to provide
information about the variety of skills that
scientifically based research has identified
as leading to early acquisition of reading
skills.’’;
(3) in paragraph (4)(B), by striking ‘‘under
part C or who were formerly eligible for services
under part C in the 2-year period preceding the date
of the enactment of the Improving America’s School
Act of 1994, neglected or delinquent youth and
youth at risk of dropping out’’ and inserting ‘‘under
part C, neglected or delinquent youth, Indian chil-
dren served under title IX,’’;
(4) in paragraph (7), by striking ‘‘eligible
homeless children’’ and inserting ‘‘homeless chil-
dren’’;
(5) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(6) by adding at the end the following new
paragraphs:
‘‘(10) a description of the actions the local edu-
cational agency will take to assist its low-performing
schools, including schools identified under section
1116 as in need of improvement;
‘‘(11) a description of how the agency will pro-
mote the use of extended learning time, such as an
extended school year and before and after school and
summer programs; and
‘‘(12) a description of the criteria established by
the local educational agency pursuant to section
1119(b)(1).’’.
(c) ASSURANCES.—Subsection (c) of section 1112
(20 U.S.C. 6312(c)) is amended to read as follows:
‘‘(c) ASSURANCES.—
‘‘(1) IN
GENERAL.—Each local educational
agency plan shall provide assurances that the local
educational agency will—
‘‘(A) inform eligible schools and parents of
schoolwide project authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
‘‘(B) provide technical assistance and sup-
port to schoolwide programs;
‘‘(C) work in consultation with schools as
the schools develop the schools’ plans pursuant
to section 1114 and assist schools as the
schools implement such plans or undertake ac-
tivities pursuant to section 1115 so that each
school can make adequate yearly progress to-
ward meeting the State student performance
standards;
‘‘(D) fulfill such agency’s school improve-
ment responsibilities under section 1116, in-
cluding taking corrective actions under section
1116(b)(9);
‘‘(E) provide services to eligible children
attending private elementary and secondary
schools in accordance with section 1120, and
timely and meaningful consultation with private
school officials regarding such services;
‘‘(F) take into account the experience of
model programs for the educationally disadvan-
taged, and the findings of relevant scientifically
based research indicating that services may be
most effective if focused on students in the ear-
liest grades at schools that receive funds under
this part;
‘‘(G) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age of
compulsory school attendance, ensure that such
services comply with the performance standards
established under section 641A(a) of the Head
Start Act;
‘‘(H) comply with the requirements of sec-
tion 1119 regarding the qualifications of teach-
ers and paraprofessionals;
‘‘(I) inform eligible schools of the local
educational agency’s authority to obtain waivers
on the school’s behalf under title X of this Act,
and if the State is an Ed-Flex Partnership
State, waivers under the Education Flexibility
Partnership Act of 1999;
‘‘(J) coordinate and collaborate, to the ex-
tent feasible and necessary as determined by
the local educational agency, with other agen-
cies providing services to children, youth, and
families; and
‘‘(K) ensure that by not later than Decem-
ber 1, 2004, students from families with in-
comes below the poverty line and minority stu-
dents are not taught by teachers who are not
fully qualified at a greater rate than other stu-
dents.
‘‘(2) SPECIAL RULE.—In carrying out subpara-
graph (G) of paragraph (1) the Secretary—
‘‘(A) shall consult with the Secretary of
Health and Human Services on the implemen-
tation of such subparagraph and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher con-
tracts) to assist local educational agencies to
comply with such subparagraph; and
‘‘(B) upon publication, shall disseminate to
local educational agencies the Head Start per-
formance standards as in effect under section
641A(a) of the Head Start Act, and such agen-
cies affected by such subparagraph shall plan
for the implementation of such subparagraph
(taking into consideration existing State and
local laws, and local teacher contracts), includ-
ing pursuing the availability of other Federal,
State, and local funding sources to assist in
compliance with such subparagraph.’’.
(d) PLAN DEVELOPMENT AND DURATION.—Section
1112 is amended by striking subsection (d) and inserting
the following:
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational
agency plan shall be developed in consultation with
teachers, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents
of children in schools served under this part.
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of the enactment of the Ex-
cellence and Accountability in Education Act and
shall remain in effect for the duration of the agen-
cy’s participation under this part.
‘‘(A) CALCULATION.—A local educational
agency shall have the final authority, consistent
with section 1120 to calculate the number of
private school children, ages 5 through 17, who
are low-income by—
‘‘(i) using the same measure of low-in-
come used to count public school children;
‘‘(ii) using the results of a survey
that, to the extent possible, protects the
identity of families of private school stu-
dents and allowing such survey results to
be extrapolated if complete actual data are
not available; or
‘‘(iii) applying the low-income percent-
age of each participating public school at-
tendance area, determined pursuant to this
section, to the number of private school
children who reside in that attendance
area.
‘‘(B) COMPLAINT PROCESS.—Any dispute
regarding low-income data on private school
students shall be subject to the complaint proc-
ess authorized in section 10405.
‘‘(5) SCHOOL IMPROVEMENT RESERVATION.—A
local educational agency shall reserve such funds as
are necessary under this part to meet such agency’s
school improvement responsibilities under section
1116, including taking corrective actions under sec-
tion 1116(b)(9).’’.
SEC. 108. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended to read
as follows:
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) PURPOSE.—The purpose of a schoolwide pro-
gram under this section is—
‘‘(1) to enable a local educational agency to
consolidate funds under this part with other Federal,
State, and local funds, to upgrade the entire edu-
cational program in a high poverty school; and
‘‘(2) to help ensure that all children in such a
school meet challenging State standards for student
performance, particularly those children who are
most at risk of not meeting those standards.
‘‘(b) USE
OF
FUNDS
FOR
SCHOOLWIDE
PRO-
GRAMS.—
‘‘(1) IN GENERAL.—A local educational agency
may consolidate funds under this part, together with
other Federal, State, and local funds, in order to up-
grade the entire educational program of a school
that serves an eligible school attendance area in
which not less than 50 percent of the children are
from low-income families, or not less than 50 per-
cent of the children enrolled in the school are from
such families.
‘‘(2) STATE ASSURANCES.—A local educational
agency may start new schoolwide programs under
this section only after the State educational agency
provides written information to each local edu-
cational agency in the State that demonstrates that
such State educational agency has established the
statewide system of support and improvement re-
quired by subsections (c)(1) and (e) of section 1117.
‘‘(3) IDENTIFICATION OF STUDENTS NOT RE-
QUIRED.—(A) 
No 
school 
participating 
in 
a
schoolwide program shall be required to identify par-
ticular children under this part as eligible to partici-
pate in a schoolwide program or to provide supple-
mental services to such children.
‘‘(B) A school participating in a schoolwide pro-
gram shall use funds available to carry out this sec-
tion only to supplement the amount of funds that
would, in the absence of funds under this part, be
made available from non-Federal sources for the
school, including funds needed to provide services
that are required by law for children with disabilities
and children with limited English proficiency.
‘‘(4) EXEMPTION FROM STATUTORY AND REGU-
LATORY REQUIREMENTS.—(A) Except as provided in
subsection (c), the Secretary may, through publica-
tion of a notice in the Federal Register, exempt
schoolwide programs under this section from statu-
tory or regulatory provisions of any other non-
competitive formula grant program administered by
the Secretary (other than formula or discretionary
grant programs under the Individuals with Disabil-
ities Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and pur-
poses of such other programs are met.
‘‘(B) A school that chooses to use funds from
such other programs shall not be relieved of the re-
quirements relating to health, safety, civil rights,
student and parental participation and involvement,
services to private school children, maintenance of
effort, uses of Federal funds to supplement, not sup-
plant non-Federal funds, or the distribution of funds
to State or local educational agencies that apply to
the receipt of funds from such programs.
‘‘(C)(i) A school that consolidates funds from
different Federal programs under this section shall
not be required to maintain separate fiscal account-
ing records, by program, that identify the specific
activities supported by those particular funds as long
as it maintains records that demonstrate that the
schoolwide program, considered as a whole addresses
the intent and purposes of each of the Federal pro-
grams that were consolidated to support the
schoolwide program.
‘‘(5) 
PROFESSIONAL
DEVELOPMENT.—Each
school receiving funds under this part for any fiscal
year shall devote sufficient resources to effectively
carry out the activities described in subsection
(c)(1)(E) in accordance with section 1119A for such
fiscal year, except that a school may enter into a
consortium with another school to carry out such ac-
tivities.
‘‘(c) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
‘‘(1) IN GENERAL.—A schoolwide program shall
include the following components:
‘‘(A) A comprehensive needs assessment of
the entire school (including taking into account
the needs of migratory children as defined in
section 1309(2)) that is based on information
which includes the performance of children in
relation to the State content standards and the
State student performance standards described
in section 1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all chil-
dren to meet the State’s proficient and ad-
vanced levels of student performance de-
scribed in section 1111(b)(1)(D);
‘‘(ii) use effective methods and in-
structional strategies that are based upon
scientifically based research that—
‘‘(I) strengthen the core aca-
demic program in the school;
‘‘(II) increase the amount and
quality of learning time, such as pro-
viding an extended school year and
before- and after-school and summer
programs and opportunities, and help
provide an enriched and accelerated
curriculum; and
‘‘(III) include strategies for meet-
ing the educational needs of histori-
cally underserved populations, includ-
ing girls and women;
‘‘(iii)(I) address the needs of all chil-
dren in the school, but particularly the
needs of low-achieving children and those
at risk of not meeting the State student
performance standards who are members
of the target population of any program
that is included in the schoolwide program,
which may include incorporation of gender-
equitable methods and practices;
‘‘(II) address how the school will de-
termine if such needs have been met; and
‘‘(iv) are consistent with, and are de-
signed to implement, the State and local
improvement plans, if any.
‘‘(D) Instruction by fully qualified (as de-
fined in section 10001) teachers.
‘‘(E) In accordance with section 1119A,
high quality and ongoing professional develop-
ment for teachers and paraprofessionals, and,
where appropriate, pupil services personnel,
parents, principals, and other staff to enable all
children in the school to meet the State’s stu-
dent performance standards.
‘‘(F) Strategies to increase parental in-
volvement in accordance with section 1118,
such as family literary services.
‘‘(G) Plans for assisting preschool children
in the transition from early childhood programs,
such as Head Start, Even Start, or a State-run
preschool program, to local elementary school
programs.
‘‘(H) Measures to assist teachers in the
use of State content and performance standards
and the data yielded by assessments described
in section 1111(b)(4) and other assessments in
order to provide information on, and to im-
prove, the performance of individual students
and the overall instructional program.
‘‘(I) Activities to ensure that students who
experience difficulty mastering the proficient or
advanced levels of performance standards re-
quired by section 1111(b) shall be provided with
effective, timely additional assistance which
shall include measures to ensure that students’
difficulties are identified on a timely basis and
to provide sufficient information on which to
base effective assistance.
‘‘(2) PLAN.—Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in exist-
ence on the day before the date of the enactment of
the Excellence and Accountability in Education Act),
a comprehensive plan for reforming the total in-
structional program in the school that—
‘‘(A) incorporates the components de-
scribed in paragraph (1);
‘‘(B) describes how the school will use re-
sources under this part and from other sources
to implement those components;
‘‘(C) includes a list of State and local edu-
cational agency programs and other Federal
programs under subsection (b)(4) that will be
consolidated in the schoolwide program;
‘‘(D) describes how the school will provide
individual student assessment results, including
an interpretation of those results, to the par-
ents of a child who participates in the assess-
ments required by section 1111(b)(4) and in a
format and, to the extent practicable, in a lan-
guage that they can understand; and
‘‘(E) provides for the collection of data on
the achievement and assessment results of stu-
dents disaggregated by gender, major ethnic or
racial groups, limited English proficiency sta-
tus, migrant students, by children with disabil-
ities as compared to other students, and by eco-
nomically disadvantaged students as compared
to students who are not economically disadvan-
taged, 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 individually identifiable informa-
tion about an individual student.
‘‘(3) PLAN
DEVELOPMENT.—The comprehen-
sive plan shall be—
‘‘(A) developed during a 1-year period,
unless—
‘‘(i) the local educational agency de-
termines that less time is needed to de-
velop and implement the schoolwide pro-
gram; or
‘‘(ii) the school operated a schoolwide
program on the day preceding the date of
the enactment of the Excellence and Ac-
countability in Education Act, in which
case such school may continue to operate
such program, but shall develop amend-
ments to its existing plan during the first
year of assistance under such Act to reflect
the provisions of this section;
‘‘(B) developed with the involvement of the
community to be served and individuals who
will carry out such plan, including teachers,
principals, administrators (including adminis-
trators of programs described in other parts of
this title), if appropriate pupil services per-
sonnel, school staff and parents, and, if the
plan relates to a secondary school, students
from such school;
‘‘(C) in effect for the duration of the
school’s participation under this part and re-
viewed and revised, as necessary, by the school;
‘‘(D) available to the local educational
agency, parents, and the public, and the infor-
mation contained in such plan shall be provided
in a format, and to the extent practicable, in a
language that they can understand; and
‘‘(E) if appropriate, developed in coordina-
tion with programs under the Reading Excel-
lence Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the Head
Start Act, and part B of this title.
‘‘(d) 
ACCOUNTABILITY.—A 
schoolwide 
program
under this section shall be subject to the school improve-
ment provisions of section 1116.
‘‘(e) PREKINDERGARTEN PROGRAM.—A school that
is eligible for a schoolwide program under this section may
use funds made available under this title to establish or
enhance prekindergarten programs for 3-, 4-, and 5-year-
old children, such as Even Start programs.’’.
SEC. 109. TARGETED ASSISTANCE SCHOOLS.
(a) 
FULLY
QUALIFIED
TEACHER.—Subsection
(c)(1)(F) of section 1115 (20 U.S.C. 6315(c)(1)(F)) is
amended by striking ‘‘highly qualified staff;’’ and inserting
‘‘fully qualified teachers (as defined in section 11001);’’.
(b) INTEGRATION
OF
PROFESSIONAL
DEVELOP-
MENT.—Subsection (d) of section 1115 (20 U.S.C.
6515(d)) is amended to read as follows:
‘‘(d) INTEGRATION
OF PROFESSIONAL DEVELOP-
MENT.—To promote the integration of staff supported
with funds under this part, public school personnel who
are paid with funds received under this part may partici-
pate in general professional development and school plan-
ning activities.’’.
SEC. 110. SCHOOL CHOICE.
Subsection (b) of section 1115A (20 U.S.C. 6316(b))
is amended by striking paragraphs (7) through (10) and
inserting the following:
‘‘(7) parents of eligible students in the local
educational agency will be given prompt notice of the
existence of the public school choice program and its
availability to them, and a clear explanation of how
the program will operate;
‘‘(8) the program will include charter schools
and any other public school and shall not include a
school that is or has been identified as a school in
school improvement or is or has been in corrective
action for the past 2 consecutive years;
‘‘(9) transportation services or the costs of
transportation may be provided by the local edu-
cational agency with funds under this part; and
‘‘(10) such local educational agency will comply
with the other requirements of this part.’’.
SEC. 111. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT.
(a) LOCAL REVIEW.—Section 1116(a) (20 U.S.C.
6317(a)) is amended—
(1) 
in 
paragraph 
(2), 
by 
striking
‘‘1111(b)(2)(A)(i)’’ and inserting ‘‘1111(b)(2)(B)’’;
(2) in paragraph (3), by striking ‘‘individual
school performance profiles’’ and inserting ‘‘school
reports’’;
(3) in paragraph (3), by striking ‘‘and’’ after
the semicolon;
(4) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(5) review the effectiveness of the actions and
activities the schools are carrying out under this
part with respect to parental involvement assisted
under this Act.’’.
(b) SCHOOL
IMPROVEMENT.—Section 1116 (20
U.S.C. 6317) is amended by striking subsection (b) and
by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively, and amending them to read as fol-
lows:
‘‘(b) SCHOOL IMPROVEMENT.—
‘‘(1) IN GENERAL.—A local educational agency
shall identify for school improvement any school
served under this part that—
‘‘(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) was in school improvement status
under this section on the day preceding the
date of the enactment of the Excellence and Ac-
countability in Education Act.
‘‘(2) TRANSITION.—The 2-year period described
in paragraph (1)(A) shall include any continuous pe-
riod of time immediately preceding the date of the
enactment of the Excellence and Accountability in
Education Act during which a school did not make
adequate yearly progress as defined in the State’s
plan, as such plan was in effect on the day preceding
the date of such enactment.
‘‘(3) TARGETED ASSISTANCE SCHOOLS.—To de-
termine if a school that is conducting a targeted as-
sistance program under section 1115 should be iden-
tified as in need of improvement under this sub-
section, a local educational agency may choose to re-
view the progress of only those students in such
school who are served under this part.
‘‘(4) OPPORTUNITY TO REVIEW AND PRESENT
EVIDENCE.—
‘‘(A) IN GENERAL.—Before identifying a
school for school improvement under paragraph
(1), the local educational agency shall provide
the school with an opportunity to review the
school-level data, including assessment data, on
which the proposed identification is based.
‘‘(B) SUPPORTING
EVIDENCE.—If the school
principal believes that the proposed identification is
in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the
local educational agency, which such agency shall
consider before making a final determination.
‘‘(5) NOTIFICATION TO PARENTS.—A local edu-
cational agency shall, in an easily understandable
format, provide in writing to parents of each student
in a school identified for school improvement—
‘‘(A) an explanation of what the school im-
provement identification means and how the
school compares in terms of academic perform-
ance to other schools in the local educational
agency and State;
‘‘(B) the reasons for such identification;
‘‘(C) the data on which such identification
is based;
‘‘(D) an explanation of what the school is
doing to address the problem of low achieve-
ment;
‘‘(E) an explanation of how parents can
become involved in upgrading the quality of the
school;
‘‘(F) an explanation of the right of par-
ents, pursuant to paragraph (6), to transfer
their child to another public school, including a
public charter school, that is not in school im-
provement, and how such transfer shall operate;
and
‘‘(G) notification to parents in a format
and, to the extent practicable, in a language
they can understand.
‘‘(6) PUBLIC SCHOOL CHOICE OPTION.—
‘‘(A) SCHOOLS IDENTIFIED FOR IMPROVE-
MENT.—After the date of the enactment of the
Excellence and Accountability in Education Act,
a local educational agency shall provide all stu-
dents enrolled in a school identified for school
improvement with an option to transfer to any
other public school within the local educational
agency or any public school consistent with sub-
paragraph (C), including a public charter school
that has not been identified for school improve-
ment, unless such option to transfer is prohib-
ited by State law, or local law, which includes
school board-approved local educational agency
policy.
‘‘(B) CAPACITY.—If a local educational
agency described in subparagraph (A) dem-
onstrates to the satisfaction of the State edu-
cational agency that such local educational
agency lacks the capacity to provide all students
with the option to transfer described in sub-
paragraph (A), and after giving notice to the
parents of children affected that it is not pos-
sible, consistent with State and local law, to ac-
commodate the transfer request of every stu-
dent, the local educational agency shall permit
as many students as possible (who shall be se-
lected by the local educational agency on an eq-
uitable basis) to transfer to a public school that
has not been identified for school improvement
under section 1116(b).
‘‘(C) COOPERATIVE
AGREEMENT.—If all
public schools in the local educational agency to
which a child may transfer to, are identified for
school improvement, the agency shall, to the ex-
tent practicable, establish a cooperative agree-
ment with other local educational agencies in
the area for the transfer.
‘‘(D) TRANSPORTATION.—The local edu-
cational agency in which the schools have been
identified for improvement may use up to 10
percent of the funds received under this part to
provide transportation to students whose par-
ents choose to transfer their child or children to
a different school.
‘‘(E) WAIVER.—A local educational agency
using funds received under this part for trans-
portation consistent with subparagraph (D)
may request to waiver of the limit of the use of
such funds described in subparagraph (D) from
the Secretary.
‘‘(F) CONTINUE OPTION.—Once a school is
no longer identified for school improvement, the
local educational agency may continue to pro-
vide public school choice as an option to stu-
dents in such school for a period of not less
than 2 years.
‘‘(7) SCHOOL PLAN.—
‘‘(A) IN GENERAL.—Each school identified
under paragraph (1) for school improvement
shall, not later than 3 months after being so
identified, develop or revise a school plan, in
consultation with parents, school staff, the local
educational agency, and other outside experts
for approval by the local educational agency.
Such plan shall—
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core aca-
demic program in the school;
‘‘(ii) adopt policies that have the greatest
likelihood of improving the performance of par-
ticipating children in meeting the State’s stu-
dent performance standards;
‘‘(iii) address the professional development
needs of staff, particularly teachers and prin-
cipals;
‘‘(iv) establish specific goals and objectives
the school will undertake for making adequate
yearly progress which include specific numerical
performance goals and targets for each of the
groups 
of 
students 
identified 
in 
the
disaggregated 
data 
pursuant 
to 
section
1111(b)(2), 
consistent 
with 
section
1111(b)(2)(B);
‘‘(v) identify how the school will provide
written notification to parents, in a format and
to the extent practicable in a language such
parents can understand; and
‘‘(vi) specify the responsibilities of the local
educational agency and the school under the
plan.
‘‘(B) CONDITIONAL
APPROVAL.—A local edu-
cational agency may condition approval of a school
plan on inclusion of one or more of the corrective ac-
tions specified in paragraph (9).
‘‘(C) IMPLEMENTATION.—A school shall imple-
ment its plan or revised plan expeditiously, but not
later than the beginning of the school year after
which the school has been identified for improve-
ment.
‘‘(D) REVIEW.—The local educational agency
shall promptly review the plan, work with the school
as necessary, and approve the plan if it meets the
requirements of this section.
‘‘(8) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—For each school iden-
tified for school improvement under paragraph
(1), the local educational agency shall provide
technical assistance as the school develops and
implements its plan.
‘‘(B) SPECIFIC TECHNICAL ASSISTANCE.—Such
technical assistance—
‘‘(i) shall include effective methods and in-
structional strategies that are based upon sci-
entifically based research that strengthens the
core academic program in the school and ad-
dresses the specific elements of student per-
formance problems in the school;
‘‘(ii) may be provided directly by the local
educational agency, through mechanisms au-
thorized under section 1117, or with the local
educational agency’s approval, by an institution
of higher education, a private nonprofit organi-
zation, an educational service agency, a com-
prehensive regional assistance center under part
A of title XIII (as such center was in existence
prior to the date of the enactment of Excellence
and Accountability in Education Act), or other
entities with experience in helping schools im-
prove achievement.
‘‘(C) TECHNICAL
ASSISTANCE.—Technical as-
sistance provided under this section by the local edu-
cational agency or an entity authorized by such
agency shall be based upon scientifically based re-
search.
‘‘(9) CORRECTIVE
ACTION.—In order to help
students served under this part meet challenging
State standards, each local educational agency shall
implement a system of corrective action in accord-
ance with the following:
‘‘(A) IN GENERAL.—After providing tech-
nical assistance under paragraph (8) and sub-
ject to subparagraph (F), the local educational
agency—
‘‘(i) may take corrective action at any
time with respect to a school that has been
identified under paragraph (1);
‘‘(ii) shall take corrective action with
respect to any school that fails to make
adequate yearly progress, as defined by the
State, after the end of the second year fol-
lowing its identification under paragraph
(1); and
‘‘(iii) shall continue to provide tech-
nical assistance while instituting any cor-
rective action under clause (i) or (ii).
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘corrective action’ means ac-
tion, consistent with State and local law, that—
‘‘(i) substantially and directly re-
sponds to the consistent academic failure
that caused the local educational agency to
take such action and to any underlying
staffing, curricular, or other problems in
the school; and
‘‘(ii) is designed to substantially in-
crease the likelihood that students will per-
form at the proficient and advanced per-
formance levels.
‘‘(C) CERTAIN SCHOOLS.—In the case of a
school described in subparagraph (A)(ii), the
local educational agency shall take not less than
1 of the following corrective actions:
‘‘(i) Withhold funds from the school.
‘‘(ii) Decrease decisionmaking author-
ity at the school level.
‘‘(iii) Make alternative governance ar-
rangements, including reopening the school
as a public charter school.
‘‘(iv) Reconstitute the school by re-
quiring each person employed at the school
to reapply for future employment at the
same school or for any position in the local
educational agency.
‘‘(v) Authorize students to transfer to
other higher performing public schools
served by the local educational agency, in-
cluding public charter schools, and provide
such students transportation (or the costs
of transportation) to such schools in con-
junction with not less than 1 additional ac-
tion described under this subparagraph.
‘‘(vi) Institute and fully implement a
new curriculum, including appropriate pro-
fessional development for all relevant staff,
that is based upon scientifically based re-
search and offers substantial promise of
improving educational achievement for low-
performing students.
‘‘(D) IMPLEMENTATION
DELAY.—A local
educational agency may delay, for a period not
to exceed 1 year, implementation of corrective
action only if the failure to make adequate
yearly progress was justified due to exceptional
or uncontrollable circumstances such as a nat-
ural disaster or a precipitous and unforeseen
decline in the financial resources of the local
educational agency or school.
‘‘(E) PUBLICATION.—The local educational
agency shall publish, and disseminate to the
public and to parents in a format and, to the
extent practicable, in a language that they can
understand, any corrective action it takes under
this paragraph through such means as the
Internet, the media, and public agencies.
‘‘(F) REVIEW.—(i) Before taking correc-
tive action with respect to any school under this
paragraph, a local educational agency shall pro-
vide the school an opportunity to review the
school level data, including assessment data, on
which the proposed determination is made.
‘‘(ii) If the school believes that the pro-
posed determination is in error for statistical or
other substantive reasons, it may provide sup-
porting evidence to the local educational agency,
which shall consider such evidence before mak-
ing a final determination.
‘‘(10) STATE EDUCATIONAL AGENCY RESPON-
SIBILITIES.—If a State educational agency deter-
mines that a local educational agency failed to carry
out its responsibilities under this section, it shall
take such action as it finds necessary, consistent
with this section, to improve the affected schools and
to ensure that the local educational agency carries
out its responsibilities under this section.
‘‘(c) STATE REVIEW
AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.—
‘‘(1) IN GENERAL.—A State educational agency
shall—
‘‘(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools receiving
assistance under this part are making adequate
yearly progress as defined in section 1111(b)(2)
toward meeting the State’s student performance
standards; and
‘‘(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the re-
sults of the State review consistent with section
1111, 
including 
statistically 
sound
disaggregated results, as required by section
1111(b)(2).
‘‘(2) IDENTIFICATION OF LOCAL EDUCATIONAL
AGENCY FOR IMPROVEMENT.—A State educational
agency shall identify for improvement any local edu-
cational agency that—
‘‘(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) was in improvement status under this
section as this section was in effect on the day
preceding the date of the enactment of the Ex-
cellence and Accountability in Education Act.
‘‘(3) TRANSITION.—The 2-year period described
in paragraph (2)(A) shall include any continuous pe-
riod of time immediately preceding the date of the
enactment of the Excellence and Accountability in
Education Act, during which a local educational
agency did not make adequate yearly progress as de-
fined in the State’s plan, as such plan was in effect
on the day preceding the date of such enactment.
‘‘(4) TARGETED
ASSISTANCE
SCHOOLS.—For
purposes of targeted assistance schools in a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served under this part.
‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT
EVIDENCE.—
‘‘(A) REVIEW.—Before identifying a local
educational agency for improvement under
paragraph (2), a State educational agency shall
provide the local educational agency with an op-
portunity to review the local educational agency
data, including assessment data, on which that
proposed identification is based.
‘‘(B) SUPPORTING EVIDENCE.—If the local edu-
cational agency believes that the proposed identifica-
tion is in error for statistical or other substantive
reasons, it may provide supporting evidence to the
State educational agency, which such agency shall
consider before making a final determination.
‘‘(6) NOTIFICATION TO PARENTS.—The State
educational agency shall promptly notify parents in
a format, and to the extent practicable in a language
they can understand, of each student enrolled in a
school in a local educational agency identified for
improvement, of the reasons for such agency’s iden-
tification and how parents can participate in upgrad-
ing the quality of the local educational agency.
‘‘(7) LOCAL
EDUCATIONAL
AGENCY
REVI-
SIONS.—
‘‘(A) PLAN.—Each local educational agen-
cy identified under paragraph (2) shall, not
later than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school staff,
and others. Such plan shall—
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core aca-
demic program in the local educational agency;
‘‘(ii) identify specific goals and objectives
the local educational agency will undertake to
make adequate yearly progress and which—
‘‘(I) have the greatest likelihood of
improving the performance of participating
children in meeting the State’s student
performance standards;
‘‘(II) address the professional develop-
ment needs of staff; and
‘‘(III) include specific numerical per-
formance goals and targets for each of the
groups of students identified in the
disaggregated data pursuant to section
1111(b)(2) 
consistent 
with 
section
1111(b)(2)(B);
‘‘(iii) identify how the local educational
agency will provide written notification to par-
ents in a format, and to the extent practicable
in a language, that they can understand, pursu-
ant to paragraph (6); and
‘‘(iv) specify the responsibilities of the
State educational agency and the local edu-
cational agency under the plan.
‘‘(B) IMPLEMENTATION.—The local educational
agency shall implement its plan or revised plan expe-
ditiously, but not later than the beginning of the
school year after which the school has been identi-
fied for improvement.
‘‘(8) STATE EDUCATIONAL AGENCY RESPONSI-
BILITY.—
‘‘(A) IN GENERAL.—For each local edu-
cational agency identified under paragraph (2),
the State educational agency shall provide tech-
nical or other assistance, if requested, as au-
thorized under section 1117, to better enable
the local educational agency—
‘‘(i) to develop and implement its re-
vised plan as approved by the State edu-
cational agency consistent with the require-
ments of this section; and
‘‘(ii) to work with schools needing im-
provement.
‘‘(B) TECHNICAL ASSISTANCE.—Technical
assistance provided under this section by the
State educational agency or an entity author-
ized by such agency shall be based upon sci-
entifically based research.
‘‘(9) CORRECTIVE
ACTION.—In order to help
students served under this part meet challenging
State standards, each State educational agency shall
implement a system of corrective action in accord-
ance with the following:
‘‘(A) IN GENERAL.—After providing tech-
nical assistance under paragraph (8) and sub-
ject to subparagraph (D), the State educational
agency—
‘‘(i) may take corrective action at any
time with respect to a local educational
agency that has been identified under
paragraph (2);
‘‘(ii) shall take corrective action with
respect to any local educational agency
that 
fails 
to 
make 
adequate 
yearly
progress, as defined by the State, after the
end of the second year following its identi-
fication under paragraph (2); and
‘‘(iii) shall continue to provide tech-
nical assistance while instituting any cor-
rective action under clause (i) or (ii).
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘corrective action’ means ac-
tion, consistent with State law, that—
‘‘(i) substantially and directly re-
sponds to the consistent academic failure
that caused the State educational agency
to take such action and to any underlying
staffing, curricular, or other problems in
the school; and
‘‘(ii) is designed to meet the goal of
having all students served under this part
perform at the proficient and advanced
performance levels.
‘‘(C) CERTAIN LOCAL EDUCATIONAL AGEN-
CIES.—In the case of a local educational agency
described in this paragraph, the State edu-
cational agency shall take not less than 1 of the
following corrective actions:
‘‘(i) Withhold funds from the local
educational agency.
‘‘(ii) Reconstitute school district per-
sonnel.
‘‘(iii) Remove particular schools from
the jurisdiction of the local educational
agency and establish alternative arrange-
ments for public governance and super-
vision of such schools.
‘‘(iv) Appoint, through the State edu-
cational agency, a receiver or trustee to ad-
minister the affairs of the local educational
agency in place of the superintendent and
school board.
‘‘(v) Abolish or restructure the local
educational agency.
‘‘(vi) Authorize students to transfer
from a school operated by a local edu-
cational agency to a higher performing
public school operated by another local
educational agency, or to a public charter
school and provide such students transpor-
tation (or the costs of transportation to
such schools, in conjunction with not less
than 1 additional action described under
this paragraph.
‘‘(D) HEARING.—Prior to implementing
any corrective action, the State educational
agency shall provide due process and a hearing
to the affected local educational agency, if State
law provides for such process and hearing.
‘‘(E) 
PUBLICATION.—The 
State 
edu-
cational agency shall publish, and disseminate
to parents and the public any corrective action
it takes under this paragraph through such
means as the Internet, the media, and public
agencies.
‘‘(F) DELAY.—A local educational agency
may delay, for a period not to exceed 1 year,
implementation of corrective action if the fail-
ure to make adequate yearly progress was justi-
fied due to exceptional or uncontrollable cir-
cumstances such as a natural disaster or a pre-
cipitous and unforeseen decline in the financial
resources of the local educational agency or
school.’’.
SEC. 112. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read
as follows:
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
‘‘(a) SYSTEM
FOR
SUPPORT.—Each State edu-
cational agency shall establish a statewide system of inten-
sive and sustained support and improvement for local edu-
cational agencies and schools receiving funds under this
part, in order to increase the opportunity for all students
in those agencies and schools to meet the State’s content
standards and student performance standards.
‘‘(b) PRIORITIES.—In carrying out this section, a
State educational agency shall—
‘‘(1) first, provide support and assistance to
local educational agencies subject to corrective action
under section 1116 and assist schools, in accordance
with section 1116(b)(10), for which a local edu-
cational agency has failed to carry out its respon-
sibilities under paragraph (8) or (9) of section
1116(b);
‘‘(2) second, provide support and assistance to
other local educational agencies identified as in need
of improvement under section 1116; and
‘‘(3) third, provide support and assistance to
other local educational agencies and schools partici-
pating under this part that need that support and
assistance in order to achieve the purpose of this
part.
‘‘(c) APPROACHES.—In order to achieve the purpose
described in subsection (a), each such system shall provide
technical assistance and support through such approaches
as—
‘‘(1) school support teams, composed of individ-
uals who are knowledgeable about scientifically
based research and practice on teaching and learn-
ing, particularly about strategies for improving edu-
cational results for low-achieving children; and
‘‘(2) the designation and use of ‘‘Distinguished
Educators’’, chosen from schools served under this
part that have been especially successful in improv-
ing academic achievement.
‘‘(d) FUNDS.—Each State educational agency shall
use funds reserved under section 1002(f) and authorized
under section 1002(i) for such purpose.
‘‘(e) ALTERNATIVES.—The State may devise addi-
tional approaches to providing the assistance described in
paragraphs (1) and (2) of subsection (c), such as pro-
viding assistance through institutions of higher education
and educational service agencies or other local consortia,
and the State may seek approval from the Secretary to
use funds made available under section 1002(h) for such
approaches as part of the State plan.’’.
SEC. 113. ACADEMIC ACHIEVEMENT AWARDS PROGRAM;
IMPROVING STATE ASSESSMENTS.
Subpart 1 of part A of title I is amended by inserting
after section 1117 the following:
‘‘SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
‘‘(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT
AWARDS PROGRAM.—
‘‘(1) IN
GENERAL.—Each State receiving a
grant under this part shall establish a program for
making academic achievement awards to recognize
and financially reward schools served under this part
that have—
‘‘(A) significantly closed the achievement
gap between the groups of students defined in
section 1111(b)(2); or
‘‘(B) 
exceeded 
their 
adequate 
yearly
progress 
goals, 
consistent 
with 
section
1111(b)(2), for 2 or more consecutive years.
‘‘(2) AWARDS TO TEACHERS.—A State program
under paragraph (1) shall also recognize and provide
financial awards to teachers teaching in a school de-
scribed in such paragraph whose students consist-
ently make significant gains in academic achieve-
ment in the areas in which the teacher provides in-
struction over multiple academic years.
‘‘(b) FUNDING.—
‘‘(1) RESERVATION OF FUNDS BY STATE.—For
the purpose of carrying out this section, each State
receiving a grant under this part shall reserve, from
the amount (if any) by which the funds received by
the State under this part for a fiscal year exceed the
amount received by the State under this part for the
preceding fiscal year, not more than 25 percent of
such excess amount.
‘‘(2) USE WITHIN 3 YEARS.—Notwithstanding
any other provision of law, the amount reserved
under paragraph (1) by a State for each fiscal year
shall remain available to the State until expended
for a period not exceeding 3 years.
‘‘(3) SPECIAL ALLOCATION RULE FOR SCHOOLS
IN HIGH-POVERTY AREAS.—
‘‘(A) IN GENERAL.—Each State receiving
a grant under this part shall distribute at least
85 percent of the amount reserved under para-
graph (1) for each fiscal year to schools de-
scribed in subparagraph (B), or to teachers
teaching in such schools.
‘‘(B) SCHOOLS DESCRIBED.—A school de-
scribed in subparagraph (A) is a school whose
student population is in the highest quartile of
schools statewide in terms of the percentage of
children eligible for free and reduced priced
lunches under the Richard B. Russell National
School Lunch Act.
‘‘SEC. 1117B. GRANTS FOR THE IMPROVEMENT OF STATE
ASSESSMENT SYSTEMS.
‘‘(a) PURPOSE.—The purpose of this section is to en-
able States to improve the quality and fairness of State
assessments systems and to ensure that they accurately
measure how well all children are achieving challenging
State student performance standards.
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants, in an amount not less than
$500,000, to State educational agencies with final assess-
ments systems that have been reviewed by the Secretary
and approved as having deemed to be in full compliance
with section 1111(b)(4).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated, $100,000,000 for fiscal
year 2002 and such sums as may be necessary for each
of the 4 succeeding fiscal years, to carry out this section.
‘‘(d) APPLICATION.—In order to receive a grant
under this section for any fiscal year, a State educational
agency shall submit, at such time and containing such in-
formation as the Secretary may require, an application to
the Secretary for approval.
‘‘(e) AUTHORIZED USES OF FUNDS.—States having
an approved application under subsection (d) may use
grant funds for the purpose of—
‘‘(1) assuring the continued validity and reli-
ability of State assessments;
‘‘(2) refining the assessments to ensure their
continued alignment with the State’s content stand-
ards;
‘‘(3) providing for multiple measures to increase
the reliability and validity of student and school clas-
sifications that have high stakes consequences;
‘‘(4) strengthening the capacity of local edu-
cational agencies and schools to provide all students
the opportunity to increase educational achievement
and to ensure fairness and equitable treatment in
testing;
‘‘(5) expanding the range of accommodations
available to limited English proficient students and
students with disabilities to improve rates of inclu-
sion and to include instructional material develop-
ment and modified assessment practices that are
culturally and ability appropriate, respectively;
‘‘(6) improving the alignment of curricula and
instruction materials with the State content stand-
ards and State performance standards;
‘‘(7) enhancing opportunities for professional
development for teachers that include—
‘‘(A) improving the capability of teachers
to be proficient in sound classroom assessment
and knowledgeable in State content and per-
formance standards and assessments; and
‘‘(B) improving the capability of teachers
to provide high quality instruction within the
content areas;
‘‘(8) providing for the collection of performance
data for children in grades K–2—
‘‘(A) for early diagnosis of children’s
needs;
‘‘(B) to evaluate program effectiveness;
‘‘(C) to guide curriculum and instruction;
or
‘‘(D) to provide information that can be
used to measure school and local educational
agency progress;
‘‘(9) expanding the range of valid and reliable
assessments to other academic subjects such as
science, history, geography, foreign languages, the
arts, civic and government, and economics; and
‘‘(10) improving the dissemination of informa-
tion on student achievement and school performance
to parents and the community.’’.
SEC. 114. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL EDUCATIONAL AGENCY POLICY.—Sub-
section (a) of section 1118 (20 U.S.C. 6319(a)) is
amended—
(1) in paragraph (1), by striking ‘‘programs,
activities, and procedures’’ and inserting ‘‘activities
and procedures’’.
(2) in paragraph (2) by striking subparagraphs
(E) and (F) and inserting the following:
‘‘(E) conduct, with the involvement of par-
ents, an annual evaluation of the content and
effectiveness of the parental involvement policy
in improving the academic quality of the schools
served under this part;
‘‘(F) involve parents in efforts to improve
academics in schools served under this part;
and
‘‘(G) promote consumer friendly environ-
ments at the local educational agency and
schools served under this part.’’;
(3) in paragraph (3) by adding at the end the
following new subparagraph:
‘‘(C) Not less than 90 percent of the funds re-
served under subparagraph (A) shall be distributed
to schools served under this part.’’.
(b) NOTICE.—Paragraph (1) of section 1118(b) (20
U.S.C. 6319(b)(1)) is amended by inserting after the first
sentence the following: ‘‘Parents shall be notified of the
policy in a format, and to the extent practicable, in a lan-
guage that they can understand.’’.
(c) PARENTAL INVOLVEMENT.—Paragraph (4) of
section 1118(c) (20 U.S.C. 6319(c)(4)) is amended—
(1) in subparagraph (B), by striking ‘‘perform-
ance profiles required under section 1116(a)(3)’’ and
inserting ‘‘school reports required under section
1111’’;
(2) by redesignating subparagraphs (D) and
(E) as subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraphs:
‘‘(D) notice of the schools’ identification as
a school in school improvement under section
1116(b), if applicable, and a clear explanation
of what such identification means;
‘‘(E) notice of the corrective action that
has been taken against the school under section
1116(b)(9) and 1116(c)(9), if applicable, and a
clear explanation of what such action means;’’;
and
(4) in subparagraph (G) (as so redesignated),
by striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraph (F)’’.
(d) BUILDING CAPACITY FOR INVOLVEMENT.—Sub-
section (e) of section 1118 (20 U.S.C 6319(e)) is amended
to read as follows:
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To
ensure effective involvement of parents and to support a
partnership among the school, parents, and the commu-
nity to improve student achievement, each school and local
educational agency—
‘‘(1) shall provide assistance to participating
parents in such areas as understanding the State’s
content standards and State student performance
standards, the provisions of section 1111(b)(8),
State and local assessments, the requirements of this
part, and how to monitor a child’s progress and
work with educators to improve the performance of
their children as well as information on how parents
can participate in decisions relating to the education
of their children;
‘‘(2) shall provide materials and training, such
as—
‘‘(A) coordinating necessary literacy train-
ing from other sources to help parents work
with their children to improve their children’s
achievement; and
‘‘(B) training to help parents to work with
their children to improve their children’s
achievement;
‘‘(3) shall educate teachers, pupil services per-
sonnel, principals and other staff, with the assist-
ance of parents, in the value and utility of contribu-
tions of parents, and in how to reach out to, commu-
nicate with, and work with parents as equal part-
ners, implement and coordinate parent programs,
and build ties between home and school;
‘‘(4) shall coordinate and integrate parent in-
volvement programs and activities with Head Start,
Even Start, the Home Instruction Programs for
Preschool Youngsters, the Parents as Teachers Pro-
gram, and public preschool programs and other pro-
grams, to the extent feasible and appropriate;
‘‘(5) shall conduct other activities, as appro-
priate and feasible, such as parent resource centers
and opportunities for parents to learn how to be-
come full partners in the education of their children;
‘‘(6) shall ensure, to the extent possible, that
information related to school and parent programs,
meetings, and other activities is sent to the homes
of participating children in the language used in
such homes;
‘‘(7) shall provide such other reasonable sup-
port for parental involvement activities under this
section as parents may request;
‘‘(8) shall expand the use of electronic commu-
nications among teachers, students, and parents,
such as through the use of websites and e-mail com-
munications;
‘‘(9) may involve parents in the development of
training for teachers, principals, and other educators
to improve the effectiveness of such training in im-
proving instruction and services to the children of
such parents in a format, and to the extent prac-
ticable, in a language the parent can understand;
‘‘(10) may provide necessary literacy training
from funds received under this part if the local edu-
cational agency has exhausted all other reasonably
available sources of funding for such activities;
‘‘(11) may pay reasonable and necessary ex-
penses associated with local parental involvement ac-
tivities, including transportation and child care
costs, to enable parents to participate in school-re-
lated meetings and training sessions;
‘‘(12) may train and support parents to en-
hance the involvement of other parents;
‘‘(13) may arrange meetings at a variety of
times, such as in the mornings and evenings, in
order to maximize the opportunities for parents to
participate in school related activities;
‘‘(14) may arrange for teachers or other edu-
cators, who work directly with participating children,
to conduct in-home conferences with parents who are
unable to attend such conferences at school;
‘‘(15) may adopt and implement model ap-
proaches to improving parental involvement, such as
Even Start;
‘‘(16) may establish a district-wide parent advi-
sory council to advise on all matters related to pa-
rental involvement in programs supported under this
part; and
‘‘(17) may develop appropriate roles for com-
munity-based organizations and businesses in parent
involvement activities, including providing informa-
tion about opportunities for organizations and busi-
nesses to work with parents and schools, and en-
couraging the formation of partnerships between ele-
mentary, middle, and secondary schools and local
businesses that include a role for parents.’’.
(e) ACCESSIBILITY.—Subsection (f) of section 1118
(20 U.S.C. 6319(f)) is amended to read as follows:
100
‘‘(f) ACCESSIBILITY.—In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall pro-
vide full opportunities for the participation of parents with
limited English proficiency or with disabilities and parents
of migratory children, including providing information and
school reports required under section 1111 in a format,
and to the extent practicable, in a language such parents
understand.’’.
SEC. 115. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
Section 1119 (20 U.S.C. 6301) is amended to read
as follows:
‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
‘‘(a) TEACHERS.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving assistance under this part shall en-
sure that all teachers hired on or after the effective
date of the Excellence and Accountability in Edu-
cation Act and teaching in a program supported
with funds under this part are fully qualified.
‘‘(2) PLAN.—Each State receiving assistance
under this part shall develop and submit to the Sec-
retary, not later than 1 year after the date of the
101
enactment of the Excellence and Accountability in
Education Act, a plan to ensure that all teachers
teaching within the State are fully qualified not later
than December 31, 2005. Such plan shall include an
assurance that the State will require each local edu-
cational agency and school receiving funds under
this part publicly to report their annual progress on
the agency’s and the school’s performance in in-
creasing the percentage of classes in core academic
areas taught by fully qualified teachers.
‘‘(b) NEW PARAPROFESSIONALS.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving assistance under this part shall en-
sure that all paraprofessionals hired 1 year or more
after the effective date of the Excellence and Ac-
countability in Education Act and working in a pro-
gram supported with funds under this part shall—
‘‘(A) have completed at least 2 years of
study at an institution of higher education;
‘‘(B) have obtained an associate’s (or high-
er) degree; or
‘‘(C) have met a rigorous standard of qual-
ity that demonstrates, through a formal State
or local assessment—
102
‘‘(i) knowledge of, and the ability to
assist in instructing reading, writing, and
math; or
‘‘(ii) knowledge of, and the ability to
assist in instructing reading readiness,
writing readiness, and math readiness, as
appropriate.
‘‘(2) CLARIFICATION.—For purposes of para-
graph (1)(C), the receipt of a high school diploma
(or its recognized equivalent) shall be necessary but
not by itself sufficient to satisfy the requirements of
such paragraph.
‘‘(3) 
CERTIFICATION.—The 
requirement 
of
paragraph (1)(C) may be included as part of a State
of local educational agency certification program for
paraprofessionals.
‘‘(c) EXISTING PARAPROFESSIONALS.—Each local
educational agency receiving assistance under this part
shall ensure that all paraprofessionals hired before the
date that is 1 year after the effective date of the Excel-
lence and Accountability in Education Act and working
in a program supported with funds under this part shall,
not later than 3 years after such effective date, satisfy
the requirements of subsection (b).
103
‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN-
TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)
shall not apply to a paraprofessional—
‘‘(A) who is proficient in English and a
language other than English and who provides
services primarily to enhance the participation
of children in programs under this part by act-
ing as a translator; or
‘‘(B) whose duties consist solely of con-
ducting parental involvement activities con-
sistent with section 1118.
‘‘(e) GENERAL
REQUIREMENT
FOR
ALL
PARA-
PROFESSIONALS.—Each local educational agency receiving
assistance under this part shall ensure that all paraprofes-
sionals working in a program supported with funds under
this part, regardless of the paraprofessional’s hiring date,
possess a high school diploma or its recognized equivalent.
‘‘(f) DUTIES OF PARAPROFESSIONALS.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving assistance under this part shall en-
sure that a paraprofessional working in a program
supported with funds under this part is not assigned
a duty inconsistent with this subsection.
104
‘‘(2) RESPONSIBILITIES
PARAPROFESSIONALS
MAY BE ASSIGNED.—A paraprofessional described in
paragraph (1) may only be assigned—
‘‘(A) to provide one-on-one tutoring for eli-
gible students, if the tutoring is scheduled at a
time when a student would not otherwise re-
ceive instruction from a teacher;
‘‘(B) to assist with classroom management,
such as organizing instructional and other ma-
terials;
‘‘(C) to provide assistance in a computer
laboratory;
‘‘(D) to conduct parental involvement ac-
tivities;
‘‘(E) to provide support in a library or
media center;
‘‘(F) to act as a translator; or
‘‘(G) to provide supplementary instruc-
tional services to students;
‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofes-
sional described in paragraph (1)—
‘‘(A) may not provide any instructional
service to a student unless the paraprofessional
is working under the direct supervision of a
fully qualified teacher; and
105
‘‘(B) may not provide instructional services
to students in the area of reading, writing, or
math unless the paraprofessional has dem-
onstrated, through a State or local assessment,
the ability effectively to carry out reading, writ-
ing, or math instruction.
‘‘(g) USE OF FUNDS.—
‘‘(1) PROFESSIONAL
DEVELOPMENT.—A local
educational agency receiving funds under this part
may use such funds to support ongoing training and
professional development to assist teachers and
paraprofessionals in satisfying the requirements of
this section.
‘‘(2) LIMITATION ON USE OF FUNDS FOR PARA-
PROFESSIONALS.—
‘‘(A) IN
GENERAL.—Beginning on and
after the effective date of the Excellence and
Accountability in Education Act, a local edu-
cational agency may not use funds received
under this part to fund any paraprofessional
hired after such date unless the hiring is to fill
a vacancy created by the departure of another
paraprofessional funded under this part and
such new paraprofessional satisfies the require-
ments of subsection (b) or (c).
106
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply for a fiscal year to a local edu-
cational agency that can demonstrate to the
State that all teachers under the jurisdiction of
the agency are fully qualified.
‘‘(h) VERIFICATION OF COMPLIANCE.—
‘‘(1) IN
GENERAL.—In verifying compliance
with this section, each local educational agency at a
minimum shall require that the principal of each
school operating a program under section 1114 or
1115 annually attest in writing as to whether such
school is in compliance with the requirements of this
section.
‘‘(2) AVAILABILITY OF INFORMATION.—Copies
of attestations under paragraph (1)—
‘‘(A) shall be sent to the Secretary and
maintained at each school operating a program
under section 1114 or 1115 and at the main of-
fice of the local educational agency; and
‘‘(B) shall be available to any member of
the general public upon request.’’.
SEC. 116. PROFESSIONAL DEVELOPMENT.
Subpart 1 of part A of title I (20 U.S.C. 6311 et
seq.) is amended by inserting after section 1119 the fol-
lowing:
107
‘‘SEC. 1119A. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist each local educational agency receiving assistance
under this part in increasing the academic achievement
of eligible children (as defined in section 1115(b)(1)(B))
through improved teacher quality.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) REQUIRED ACTIVITIES.—Professional de-
velopment activities under this section shall—
‘‘(A) support professional development ac-
tivities that give teachers, principals, and ad-
ministrators the knowledge and skills to provide
students with the opportunity to meet chal-
lenging State or local content standards and
student performance standards;
‘‘(B) support the recruiting, hiring, and
training of fully qualified teachers, including
teachers fully qualified through State and local
alternative routes;
‘‘(C) advance teacher understanding of ef-
fective instructional strategies based on scientif-
ically based research for improving student
achievement, at a minimum, in reading or lan-
guage arts and mathematics;
108
‘‘(D) be directly related to the curriculum
and content areas in which the teacher provides
instruction;
‘‘(E) be designed to enhance the ability of
a teacher to understand and use the State’s
standards for the subject area in which the
teacher provides instruction;
‘‘(F) be tied to scientifically based research
demonstrating the effectiveness of such profes-
sional development activities or programs in in-
creasing student achievement or substantially
increasing the knowledge and teaching skills of
teachers;
‘‘(G) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher’s performance in the
classroom, except that this paragraph shall not
apply to an activity if such activity is 1 compo-
nent of a long-term comprehensive professional
development plan established by the teacher
and the teacher’s supervisor based upon an as-
sessment of their needs, their students’ needs,
and the needs of the local educational agency;
109
‘‘(H) be developed with extensive participa-
tion of teachers, principals, parents, and admin-
istrators of schools to be served under this part;
‘‘(I) to the extent appropriate, provide
training for teachers in the use of technology so
that technology and its applications are effec-
tively used in the classroom to improve teaching
and learning in the curriculum and academic
content areas in which the teachers provide in-
struction;
‘‘(J) as a whole, be regularly evaluated for
their impact on increased teacher effectiveness
and improved student achievement, with the
findings of such evaluations used to improve the
quality of professional development; and
‘‘(K) include strategies for identifying and
eliminating gender and racial bias in instruc-
tional materials, methods, and practices.
‘‘(2) OPTIONAL ACTIVITIES.—Such professional
development activities may include—
‘‘(A) instruction in the use of data and as-
sessments to inform and instruct classroom
practice;
‘‘(B) instruction in ways that teachers,
principals, pupil services personnel, and school
110
administrators may work more effectively with
parents;
‘‘(C) the forming of partnerships with in-
stitutions of higher education to establish
school-based teacher training programs that
provide prospective teachers and novice teachers
with an opportunity to work under the guidance
of experienced teachers and college faculty, but
only if each such institution of higher education
meets the reporting requirements of section 207
of the Higher Education Act of 1965 (20
U.S.C. 1027) and its teacher preparation pro-
gram has not been identified by their State as
low-performing under such Act;
‘‘(D) the creation of career ladder pro-
grams for paraprofessionals (assisting teachers
under this part) to obtain the education nec-
essary for such paraprofessionals to become li-
censed and certified teachers;
‘‘(E) instruction in ways to teach special
needs children;
‘‘(F) instruction in the ways that teachers,
principals, and guidance counselors can work
with parents and students from groups, such as
females and minorities which are under rep-
111
resented in careers in mathematics, science, en-
gineering, and technology, to encourage and
maintain the interest of such students in these
careers;
‘‘(G) joint professional development activi-
ties involving programs under this part, Head
Start, Even Start, or State-run preschool pro-
gram personnel;
‘‘(H) 
instruction 
in 
experiential-based
teaching methods such as service or applied
learning;
‘‘(I) mentoring programs focusing on
changing teacher behaviors and practices to
help novice teachers, including teachers who are
members of a minority group, develop and gain
confidence in their skills, to increase the likeli-
hood that they will continue in the teaching
profession, and generally to improve the quality
of their teaching; and
‘‘(J) instruction in gender-equitable meth-
ods, techniques, and practices.
‘‘(c) PROGRAM PARTICIPATION.—Each local edu-
cational agency receiving assistance under this part may
design professional development programs so that—
112
‘‘(1) all school staff in schools participating in
a schoolwide program under section 1114 can par-
ticipate in professional development activities; and
‘‘(2) all school staff in targeted assistance
schools may participate in professional development
activities if such participation will result in better
addressing the needs of students served under this
part.
‘‘(d) PARENTAL PARTICIPATION.—Parents may par-
ticipate in professional development activities under this
part if the school determines that parental participation
is appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional
development programs, local educational agencies may
provide services through consortia arrangements with
other local educational agencies, educational service agen-
cies or other local consortia, institutions of higher edu-
cation, or other public or private institutions or organiza-
tions, but only if each such institution of higher education
meets the reporting requirements of section 207 of the
Higher Education Act of 1965 (20 U.S.C. 1027) and its
teacher preparation program has not been identified by
their State as low-performing under such Act.
‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided
under this part that are used for professional development
113
purposes may be consolidated with funds provided under
title II of this Act and other sources.
‘‘(g) SPECIAL RULE.—No State educational agency
shall require a school or a local educational agency to ex-
pend a specific amount of funds for professional develop-
ment activities under this part, except that this paragraph
shall not apply with respect to requirements under section
1116(c)(9).’’.
SEC. 117. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS.
(a) GENERAL REQUIREMENT.—Subsection (a) of sec-
tion 1120 (20 U.S.C. 6321(a)) is amended to read as fol-
lows:
‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN
GENERAL.—To the extent consistent
with the number of eligible children identified under
section 1115(b) in a local educational agency who
are enrolled in private elementary and secondary
schools, a local educational agency shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children, on an eq-
uitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equip-
ment and materials, other technology, and mobile
114
educational services and equipment) that address
their needs, and shall ensure that teachers and fami-
lies of these students participate, on an equitable
basis, in services and activities developed pursuant
to sections 1118 and 1119A.
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—
Such educational services or other benefits, including
materials and equipment, shall be secular, neutral,
and nonideological.
‘‘(3) EQUITY.—Educational services and other
benefits for such private school children shall be eq-
uitable in comparison to services and other benefits
for public school children participating under this
part, and shall be provided in a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits to eligible private
school children shall be equal to the proportion of
funds allocated to participating school attendance
areas based on the number of children from low-in-
come families who attend private schools, which the
local educational agency may determine each year or
every 2 years.
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency shall provide services under this sec-
115
tion directly or through contracts with public and
private agencies, organizations, and institutions.’’.
(b) CONSULTATION.—Subsection (b) of section 1120
(20 U.S.C. 6321(b)) is amended to read as follows:
‘‘(b) CONSULTATION.—
‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a local educational agency
shall consult with appropriate private school officials
during the design and development of such agency’s
programs under this part, on issues such as—
‘‘(A) how the children’s needs will be iden-
tified;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of that assessment will be used
to improve those services;
‘‘(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the amount of funds gen-
erated by low-income private school children in
each participating attendance area;
‘‘(F) the method or sources of data that
are used under subsection (a)(4) and section
116
1113(c)(4) to determine the number of children
from low-income families in participating school
attendance areas who attend private schools;
and
‘‘(G) how and when the agency will make
decisions about the delivery of services to such
children, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third party providers.
If the local educational agency disagrees with the
views of the private school officials on the provision
of services, through a contract, the local educational
agency shall provide in writing to such private school
officials, an analysis of the reasons why the local
educational agency has chosen not to use a con-
tractor.
‘‘(2) TIMING.—Such consultation shall include
meetings of agency and private school officials and
shall occur before the local educational agency
makes any decision that affects the opportunities of
eligible private school children to participate in pro-
grams under this part. Such meetings shall continue
throughout implementation and assessment of serv-
ices provided under this section.
117
‘‘(3) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a
local educational agency can use to provide equitable
services to eligible private school children.
‘‘(4) DOCUMENTATION.—Each local educational
agency shall provide to the State educational agency,
and maintain in its records, a written affirmation
signed by officials of each participating private
school that the consultation required by this section
has occurred.
‘‘(5) COMPLIANCE.—Private school officials
shall have the right to appeal to the State as to
whether the consultation provided for in this section
was meaningful and timely, and that due consider-
ation was given to the views of private school offi-
cials. If the private school wishes to appeal, the basis
of the claim of noncompliance with this section by
the local educational agencies shall be provided to
the State, and the local educational agency shall for-
ward the documentation provided in subsection
(b)(3) to the State.’’.
(c) STANDARDS FOR BYPASS.—Subsection (d) of sec-
tion 1120 (20 U.S.C. 6321(d)) is amended to read as fol-
lows:
118
‘‘(d) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for
the participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or
if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall—
‘‘(1) waive the requirements of this section for
such local educational agency;
‘‘(2) arrange for the provision of services to
such children through arrangements that shall be
subject to the requirements of this section and sec-
tions 10405 and 10406; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope,
and location of the program and the opportunity of
eligible children to participate.’’.
(d) CAPITAL EXPENSES.—Effective September 30,
2002, subsection (e) of section 1120 (20 U.S.C. 6321(e))
is hereby repealed.
SEC. 118. REQUIREMENTS; RECORDS.
(a) 
REQUIREMENTS.—Section 
1120A(c)(2) 
(20
U.S.C. 6322(c)(2)) is amended to read as follows:
119
‘‘(2) CRITERIA FOR MEETING COMPARABILITY
REQUIREMENT.—
‘‘(A) APPROVAL.—To meet the require-
ment of paragraph (1), a local educational
agency shall obtain the State educational agen-
cy’s approval of a comprehensive, 3-year plan to
ensure comparability in the use of State and
local funds and educational services among its
schools receiving funds under this part and its
other schools with respect to:
‘‘(i) the rates at which class sections
are taught by experienced and fully quali-
fied teachers, including such rates for low-
income and minority students;
‘‘(ii) curriculum, in terms of both the
range of courses offered, and the oppor-
tunity to participate in rigorous courses in-
cluding advanced placement (AP) courses,
including such rates for low-income and
minority students; and
‘‘(iii) the quality and availability of in-
structional materials and instructional re-
sources including technology.’’
‘‘(B) EXCLUSION.—A local educational
agency need not include unpredictable changes
120
in student enrollment or personnel assignments
that occur after the beginning of a school year
in determining comparability of services under
this subsection.
‘‘(C) 
REQUIREMENTS.—Notwithstanding
subparagraph (A), a local educational agency
may continue to meet the requirement of para-
graph (1) by complying with subparagraph (A)
as such subparagraph was in effect on the day
preceding the date of the enactment of the Ex-
cellence and Accountability in Education Act,
except that each local educational agency shall
be required to comply with subparagraph (A),
as amended by such Act not later than July 1,
2004.’’.
(b) RECORDS.—Section 1120A(c)(3)(B) is amended
by striking ‘‘biennially’’ and inserting ‘‘annually’’.
SEC. 119. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323 et seq.) is
amended—
(1) in subsection (a), by striking ‘‘to the extent
feasible’’ and all that follows through the period and
inserting ‘‘with local Head Start agencies, and if
feasible, other early childhood development pro-
grams.’’;
121
(2) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end, the following:
‘‘(5) linking the educational services provided in
such local educational agency with the services pro-
vided in local Head Start agencies.’’.
SEC. 120. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332 et seq.) is amended
to read as follows:
‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA-
TION GRANTS, AND TARGETED GRANTS.
‘‘(a) ALLOCATION FORMULA.—Of the amount au-
thorized to be appropriated to carry out this part for each
of fiscal years 2002 through 2006 (referred to in this sub-
section as the current fiscal year)—
‘‘(1) an amount equal to the amount appro-
priated to carry out section 1124 for fiscal year
2001 plus 42.5 percent of the amount, if any, by
which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section for fiscal
122
year 2001 shall be allocated in accordance with sec-
tion 1124;
‘‘(2) an amount equal to the amount appro-
priated to carry out section 1124A for fiscal year
2001 plus 7.5 percent of the amount, if any, by
which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section for fiscal
year 2001 shall be allocated in accordance with sec-
tion 1124A; and
‘‘(3) an amount equal to 50 percent of the
amount, if any, by which the amount appropriated
under section 1002(a) for the current fiscal year ex-
ceeds the amount appropriated under such section
for fiscal year 2001 shall be allocated in accordance
with section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under
this part for any fiscal year are insufficient to pay
the full amounts that all local educational agencies
in States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local edu-
123
cational agencies, subject to subsections (c) and (d)
of this section.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sec-
tions 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were re-
duced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) AMOUNTS FOR SECTIONS 1124 AND 1125.—
For each fiscal year, the amount made available to
each local educational agency under each of sections
1124 and 1125 shall be—
‘‘(A) not less than 95 percent of the
amount made available in the preceding fiscal
year if the number of children counted for
grants under section 1124 is not less than 30
percent of the total number of children aged 5
to 17 years, inclusive, in the local educational
agency;
‘‘(B) not less than 90 percent of the
amount made available in the preceding fiscal
year if the percentage described in subpara-
graph (A) is between 15 percent and 30 per-
cent; and
124
‘‘(C) not less than 85 percent of the
amount made available in the preceding fiscal
year if the percentage described in subpara-
graph (A) is below 15 percent.
‘‘(2) 
AMOUNT
FOR
SECTION
1124A.—The
amount made available to each local educational
agency under section 1124A shall be not less than
85 percent of the amount made available in the pre-
ceding fiscal year.
‘‘(3) PAYMENTS.—If sufficient funds are appro-
priated, the amounts described in paragraph (2)
shall be paid to all local educational agencies that
received grants under section 1124A for the pre-
ceding fiscal year, regardless of whether the local
educational agency meets the minimum eligibility
criteria for that fiscal year provided in section
1124A(a)(1)(A) except that a local educational agen-
cy that does not meet such minimum eligibility cri-
teria for 4 consecutive years shall no longer be eligi-
ble to receive a hold harmless amount referred to in
paragraph (2).
‘‘(4) POPULATION DATA.—In any fiscal year for
which the Secretary calculates grants on the basis of
population data for counties, the Secretary shall
apply the hold harmless percentages in paragraphs
125
(1) and (2) to counties, and if the Secretary’s alloca-
tion for a county is not sufficient to meet the hold-
harmless requirements of this subsection for every
local educational agency within that county, the
State educational agency shall reallocate funds pro-
portionately from all other local educational agencies
in the State that are receiving funds in excess of the
hold harmless amounts specified in this subsection.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
pay the full amounts that all States are eligible to
receive under subsection (c) for such year, the Sec-
retary shall ratably reduce such amounts for such
year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sub-
section (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on
the same basis as such amounts were reduced.
‘‘(e) DEFINITION.—Except as provided in section
1124(a)(5), for the purposes of this section and sections
1124, 1124A, and 1125, the term ‘State’ means each of
the 50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.’’.
126
SEC. 121. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
Section 1124 (20 U.S.C. 6333 et seq.) is amended
to read as follows:
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES
AND
PUERTO
RICO.—Except as provided in
paragraph (4) and in section 1126, the grant that
a local educational agency is eligible to receive under
this section for a fiscal year is the amount deter-
mined by multiplying—
‘‘(A) the number of children counted under
subsection (c); and
‘‘(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph
shall not be less than 32 percent or more than
48 percent, of the average per-pupil expenditure
in the United States.
‘‘(2) CALCULATION OF GRANTS.—
‘‘(A) 
ALLOCATIONS
TO
LOCAL
EDU-
CATIONAL AGENCIES.—The Secretary shall cal-
culate grants under this section on the basis of
the number of children counted under sub-
127
section (c) for local educational agencies, unless
the Secretary and the Secretary of Commerce
determine that some or all of those data are un-
reliable or that their use would be otherwise in-
appropriate, in which case—
‘‘(i) the 2 Secretaries shall publicly
disclose the reasons for their determination
in detail; and
‘‘(ii) paragraph (3) shall apply.
‘‘(B) ALLOCATIONS TO LARGE AND SMALL
LOCAL EDUCATIONAL AGENCIES.—(i) For any
fiscal year in which this paragraph applies, the
Secretary shall calculate grants under this sec-
tion for each local educational agency.
‘‘(ii) The amount of a grant under this
section for each large local educational agency
shall be the amount determined under clause
(i).
‘‘(iii) For small local educational agencies,
the State educational agency may either—
‘‘(I) distribute grants under this sec-
tion in amounts determined by the Sec-
retary under clause (i); or
‘‘(II) use an alternative method ap-
proved by the Secretary to distribute the
128
portion of the State’s total grants under
this section that is based on those small
agencies.
‘‘(iv) An alternative method under clause
(iii)(II) shall be based on population data that
the State educational agency determines best
reflect the current distribution of children in
poor families among the State’s small local edu-
cational agencies that meet the eligibility cri-
teria of subsection (b).
‘‘(v) If a small local educational agency is
dissatisfied with the determination of its grant
by the State educational agency under clause
(iii)(II), it may appeal that determination to the
Secretary, who shall respond not later than 45
days after receipt of such appeal.
‘‘(vi) As used in this subparagraph—
‘‘(I) the term ‘large local educational
agency’ means a local educational agency
serving an area with a total population of
20,000 or more; and
‘‘(II) the term ‘small local educational
agency’ means a local educational agency
serving an area with a total population of
less than 20,000.
129
‘‘(3) ALLOCATIONS TO COUNTIES.—
‘‘(A) CALCULATION.—For any fiscal year
to which this paragraph applies, the Secretary
shall calculate grants under this section on the
basis of the number of children counted under
section 1124(c) for counties, and State edu-
cational 
agencies 
shall 
suballocate 
county
amounts to local educational agencies, in ac-
cordance with regulations issued by the Sec-
retary.
‘‘(B) DIRECT ALLOCATIONS.—In any State
in which a large number of local educational
agencies overlap county boundaries, or for
which the State believes it has data that would
better target funds than allocating them by
county, the State educational agency may apply
to the Secretary for authority to make the allo-
cations under this part for a particular fiscal
year directly to local educational agencies with-
out regard to counties.
‘‘(C) ASSURANCES.—If the Secretary ap-
proves the State educational agency’s applica-
tion under subparagraph (B), the State edu-
cational agency shall provide the Secretary an
assurance that such allocations shall be made—
130
‘‘(i) using precisely the same factors
for determining a grant as are used under
this part; or
‘‘(ii) using data that the State edu-
cational agency submits to the Secretary
for approval that more accurately target
poverty.
‘‘(D) APPEAL.—The State educational
agency shall provide the Secretary an assurance
that it shall establish a procedure through
which a local educational agency that is dissat-
isfied with its determinations under subpara-
graph (B) may appeal directly to the Secretary
for a final determination.
‘‘(4) PUERTO RICO.—
‘‘(A) IN GENERAL.—For each fiscal year,
the grant which the Commonwealth of Puerto
Rico shall be eligible to receive under this sec-
tion shall be the amount determined by multi-
plying the number of children counted under
subsection (c) for the Commonwealth of Puerto
Rico by the product of—
‘‘(i) the percentage which the average per
pupil expenditure in the Commonwealth of
131
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(ii) 32 percent of the average per pupil
expenditure in the United States.
‘‘(B) MINIMUM PERCENTAGE.—The percentage
in subparagraph (A)(i) shall not be less than—
‘‘(i) for fiscal year 2002, 77.5 percent;
‘‘(ii) for fiscal year 2003, 80.0 percent;
‘‘(iii) for fiscal year 2004, 82.5 percent;
and
‘‘(iv) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
‘‘(C) LIMITATION.—If the application of sub-
paragraph (B) would result in any of the 50 States
or the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in subparagraph
(A) shall be the greater of the percentage in sub-
paragraph (A)(i) or the percentage used for the pre-
ceding fiscal year.
‘‘(5) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands, and the North-
ern Mariana Islands.
132
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—A local educational agency is eligible for a basic
grant under this section for any fiscal year only if the
number of children counted under subsection (c) for that
agency is both—
‘‘(1) 10 or more; and
‘‘(2) more than 2 percent of the total school-age
population in the agency’s jurisdiction.
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
is the aggregate of—
‘‘(A) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level as determined under paragraph (2);
‘‘(B) the number of children (determined
under paragraph (4) for either the preceding
year as described in that paragraph, or for the
second preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions for
neglected and delinquent children (other than
such institutions operated by the United
States), but not counted pursuant to subpart 1
133
of part D for the purposes of a grant to a State
agency, or being supported in foster homes with
public funds; and
‘‘(C) the number of children aged 5 to 17,
inclusive, in the school district of such agency
from families above the poverty level as deter-
mined under paragraph (4).
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—For the purposes of this section, the Sec-
retary shall determine the number of children aged
5 to 17, inclusive, from families below the poverty
level on the basis of the most recent satisfactory
data, described in paragraph (3), available from the
Department of Commerce. The District of Columbia
and the Commonwealth of Puerto Rico shall be
treated as individual local educational agencies. If a
local educational agency contains 2 or more counties
in their entirety, then each county will be treated as
if such county were a separate local educational
agency for purposes of calculating grants under this
part. The total of grants for such counties shall be
allocated to such a local educational agency, which
local educational agency shall distribute to schools in
each county within such agency a share of the local
educational agency’s total grant that is no less than
134
the county’s share of the population counts used to
calculate the local educational agency’s grant.
‘‘(3) POPULATION
UPDATES.—In fiscal year
2001 and every 2 years thereafter, the Secretary
shall use updated data on the number of children,
aged 5 to 17, inclusive, from families below the pov-
erty level for local educational agencies or counties,
published by the Department of Commerce, unless
the Secretary and the Secretary of Commerce deter-
mine that use of the updated population data would
be inappropriate or unreliable. If the Secretary and
the Secretary of Commerce determine that some or
all of the data referred to in this paragraph are in-
appropriate or unreliable, they shall publicly disclose
their reasons. In determining the families which are
below the poverty level, the Secretary shall utilize
the criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial cen-
sus, in such form as those criteria have been up-
dated by increases in the Consumer Price Index for
all urban consumers, published by the Bureau of
Labor Statistics.
‘‘(4) OTHER CHILDREN TO BE COUNTED.—For
the purposes of this section, the Secretary shall de-
termine the number of children aged 5 to 17, inclu-
135
sive, from families above the poverty level on the
basis of the number of such children from families
receiving an annual income, in excess of the current
criteria of poverty, from payments under a State
program funded under part A of title IV of the So-
cial Security Act; and in making such determina-
tions the Secretary shall utilize the criteria of pov-
erty used by the Bureau of the Census in compiling
the most recent decennial census for a family of 4
in such form as those criteria have been updated by
increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statis-
tics. The Secretary shall determine the number of
such children and the number of children aged 5
through 17 living in institutions for neglected or de-
linquent children, or being supported in foster homes
with public funds, on the basis of the caseload data
for the month of October of the preceding fiscal year
(using, in the case of children described in the pre-
ceding sentence, the criteria of poverty and the form
of such criteria required by such sentence which
were determined for the calendar year preceding
such month of October) or, to the extent that such
data are not available to the Secretary before Janu-
ary of the calendar year in which the Secretary’s de-
136
termination is made, then on the basis of the most
recent reliable data available to the Secretary at the
time of such determination. The Secretary of Health
and Human Services shall collect and transmit the
information required by this subparagraph to the
Secretary not later than January 1 of each year.
For the purpose of this section, the Secretary shall
consider all children who are in correctional institu-
tions to be living in institutions for delinquent chil-
dren.
‘‘(5) ESTIMATE.—When requested by the Sec-
retary, the Secretary of Commerce shall make a spe-
cial updated estimate of the number of children of
such ages who are from families below the poverty
level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost
of making this special estimate. The Secretary of
Commerce shall give consideration to any request of
the chief executive of a State for the collection of ad-
ditional census information.
‘‘(d) STATE
MINIMUM.—Notwithstanding section
1122, the aggregate amount allotted for all local edu-
137
cational agencies within a State may not be less than the
lesser of—
‘‘(1) 0.25 percent of total grants under this sec-
tion; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year under this
section; and
‘‘(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national aver-
age per pupil payment made with funds avail-
able under this section for that year.’’.
SEC. 122. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334 et seq.) is amended
to read as follows:
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) IN
GENERAL.—(A) Except as otherwise
provided in this paragraph, each local educational
agency, in a State other than Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, which is eligible
for a grant under section 1124 for any fiscal year
138
is eligible for an additional grant under this section
for that fiscal year if the number of children counted
under section 1124(c) in the agency exceeds either—
‘‘(i) 6,500; or
‘‘(ii) 15 percent of the total number of
children aged 5 through 17 in the agency.
‘‘(B) Notwithstanding section 1122, no State
described in subparagraph (A) shall receive less than
the lesser of—
‘‘(i) 0.25 percent of total grants; or
‘‘(ii) the average of—
‘‘(I) one-quarter of 1 percent of the
sums available to carry out this section for
such fiscal year; and
‘‘(II) the greater of—
‘‘(aa) $340,000; or
‘‘(bb) the number of children in
such State counted for purposes of
this section in that fiscal year multi-
plied by 150 percent of the national
average per pupil payment made with
funds available under this section for
that year.
‘‘(2) SPECIAL RULE.—For each county or local
educational agency eligible to receive an additional
139
grant under this section for any fiscal year the Sec-
retary shall determine the product of—
‘‘(A) the number of children counted under
section 1124(c) for that fiscal year; and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agen-
cies under section 1124(a)(1) for the fiscal year
for which the determination is being made di-
vided by the total number of children counted
under section 1124(c) for that agency for that
fiscal year.
‘‘(3) AMOUNT.—The amount of the additional
grant for which an eligible local educational agency
or county is eligible under this section for any fiscal
year shall be an amount which bears the same ratio
to the amount available to carry out this section for
that fiscal year as the product determined under
paragraph (2) for such local educational agency for
that fiscal year bears to the sum of such products
for all local educational agencies in the United
States for that fiscal year.
‘‘(4) 
LOCAL
ALLOCATIONS.—(A) 
Grant
amounts under this section shall be determined in
accordance with section 1124(a)(2) and (3).
140
‘‘(B) For any fiscal year for which the Sec-
retary allocates funds under this section on the basis
of counties, a State may reserve not more than 2
percent of its allocation under this section to make
grants to local educational agencies that meet the
criteria of paragraph (1)(A)(i) or (ii) but that are in
ineligible counties that do not meet these criteria.
‘‘(b) STATES RECEIVING MINIMUM GRANTS.—In
States that receive the minimum grant under subsection
(a)(1)(B), the State educational agency shall allocate such
funds among the local educational agencies in each State
either—
‘‘(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
‘‘(2) based on their respective concentrations
and numbers of children counted under section
1124(c), except that only those local educational
agencies with concentrations or numbers of children
counted under section 1124(c) that exceed the state-
wide average percentage of such children or the
statewide average number of such children shall re-
ceive any funds on the basis of this paragraph.’’.
SEC. 123. TARGETED GRANTS.
Section 1125 (20 U.S.C. 6335 et seq.) is amended
to read as follows:
141
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State is eligible to
receive a targeted grant under this section for any fiscal
year if the number of children in the local educational
agency counted under subsection 1124(c), before applica-
tion of the weighting factor described in subsection (c),
is at least 10, and if the number of children counted for
grants under section 1124 is at least 5 percent of the total
population aged 5 to 17 years, inclusive, in the local edu-
cational agency. For each fiscal year for which the Sec-
retary uses county population data to calculate grants,
funds made available as a result of applying this sub-
section shall be reallocated by the State educational agen-
cy to other eligible local educational agencies in the State
in proportion to the distribution of other funds under this
section.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN GENERAL.—The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of—
‘‘(A) the weighted child count determined
under subsection (c); and
142
‘‘(B) 
the 
amount 
in 
paragraph
1124(a)(1)(B).
‘‘(2) PUERTO RICO.—For each fiscal year, the
amount of the grant for which the Commonwealth of
Puerto Rico is eligible under this section shall be
equal to the number of children counted under sub-
section (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(4).
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) WEIGHTS
FOR
ALLOCATIONS
TO
COUN-
TIES.—
‘‘(A) IN GENERAL.—For each fiscal year
for which the Secretary uses county population
data to calculate grants, the weighted child
count used to determine a county’s allocation
under this section is the larger of the 2
amounts determined under clause (i) or (ii), as
follows:
‘‘(i) 
BY
PERCENTAGE
OF
CHIL-
DREN.—This amount is determined by
adding—
‘‘(I) the number of children de-
termined under section 1124(c) for
that county constituting up to 12.20
percent, inclusive, of the county’s total
143
population aged 5 to 17, inclusive,
multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 12.20 percent,
but not more than 17.70 percent, of
such population, multiplied by 1.75;
‘‘(III) the number of such chil-
dren constituting more than 17.70
percent, but not more than 22.80 per-
cent, of such population, multiplied by
2.5;
‘‘(IV) the number of such chil-
dren constituting more than 22.80
percent, but not more than 29.70 per-
cent, of such population, multiplied by
3.25; and
‘‘(V) the number of such children
constituting more than 29.70 percent
of such population, multiplied by 4.0.
‘‘(ii) BY
NUMBER
OF
CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children de-
termined under section 1124(c) con-
stituting up to 1,917, inclusive, of the
144
county’s total population aged 5 to
17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
between 1,918 and 5,938, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such chil-
dren between 5,939 and 20,199, inclu-
sive, in such population, multiplied by
2.0;
‘‘(IV) the number of such chil-
dren between 20,200 and 77,999, in-
clusive, in such population, multiplied
by 2.5; and
‘‘(V) the number of such children
in excess of 77,999 in such popu-
lation, multiplied by 3.0.
‘‘(B) 
PUERTO
RICO.—Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under subsection 1124(c) multiplied by
1.72.
‘‘(2) WEIGHTS
FOR
ALLOCATIONS
TO
LOCAL
EDUCATIONAL AGENCIES.—
145
‘‘(A) IN GENERAL.—For each fiscal year
for which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency’s grant
under this section is the larger of the 2
amounts determined under clauses (i) and (ii),
as follows:
‘‘(i) 
BY
PERCENTAGE
OF
CHIL-
DREN.—This amount is determined by
adding—
‘‘(I) the number of children de-
termined under section 1124(c) for
that local educational agency consti-
tuting up to 15.233 percent, inclusive,
of the agency’s total population aged
5 to 17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 15.233 per-
cent, but not more than 22.706 per-
cent, of such population, multiplied by
1.75;
‘‘(III) the number of such chil-
dren constituting more than 22.706
percent, but not more than 32.213
146
percent, of such population, multiplied
by 2.5;
‘‘(IV) the number of such chil-
dren constituting more than 32.213
percent, but not more than 41.452
percent, of such population, multiplied
by 3.25; and
‘‘(V) the number of such children
constituting more than 41.452 percent
of such population, multiplied by 4.0.
‘‘(ii) BY
NUMBER
OF
CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children de-
termined under section 1124(c) con-
stituting up to 710, inclusive, of the
agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
between 710 and 2,384, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such chil-
dren between 2,384 and 9,645, inclu-
sive, in such population, multiplied by
2.0;
147
‘‘(IV) the number of such chil-
dren between 9,645 and 54,600, inclu-
sive, in such population, multiplied by
2.5; and
‘‘(V) the number of such children
in excess of 54,600 in such popu-
lation, multiplied by 3.0.
‘‘(B) 
PUERTO
RICO.—Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under section 1124(c) multiplied by
1.72.
‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants
under this section shall be calculated in accordance with
section 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount available for any fiscal year to carry out this sec-
tion, each State shall be allotted at least the lesser of—
‘‘(1) 0.25 percent of total appropriations; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
148
‘‘(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State’s total
number 
of 
children 
described 
in 
section
1124(c), without application of a weighting fac-
tor.’’.
SEC. 124. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337 et seq.) is amended
to read as follows:
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN
GENERAL.—If a State educational
agency determines that a local educational agency in
the State is unable or unwilling to provide for the
special educational needs of children who are living
in institutions for neglected children as described in
subparagraph (B) of section 1124(c)(1), the State
educational agency shall, if such agency assumes re-
sponsibility for the special educational needs of such
children, receive the portion of such local educational
agency’s allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational
agency does not assume such responsibility, any
149
other State or local public agency that does assume
such responsibility shall receive that portion of the
local educational agency’s allocation.
‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL
AGENCIES.—The State educational agency may allocate
the amounts of grants under sections 1124, 1124A, and
1125 among the affected local educational agencies—
‘‘(1) if 2 or more local educational agencies
serve, in whole or in part, the same geographical
area;
‘‘(2) if a local educational agency provides free
public education for children who reside in the
school district of another local educational agency;
or
‘‘(3) to reflect the merger, creation, or change
of boundaries of one or more local educational agen-
cies.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and
1125 is more than such local agency will use, the State
educational agency shall make the excess amount available
to other local educational agencies in the State that need
additional funds in accordance with criteria established by
the State educational agency.’’.
150
PART B—EDUCATION OF MIGRATORY CHILDREN
SEC. 131. STATE ALLOCATIONS.
Section 1303 (20 U.S.C. 6393) is amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(b) ALLOCATION TO PUERTO RICO.—
‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002,
the grant which the Commonwealth of Puerto Rico
shall be eligible to receive under this section shall be
the amount determined by multiplying the number
of children counted under subsection (a)(1)(A) for
the Commonwealth of Puerto Rico by the product
of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
‘‘(2) SUBSEQUENT
FISCAL
YEARS.—For each
fiscal year after fiscal year 2002, the grant which
the Commonwealth of Puerto Rico shall be eligible
to receive under this section shall be the amount de-
termined by multiplying the number of children
counted 
under 
subsection 
(a)(2)(B)(i)(I) 
and
(a)(2)(B)(i)(II) for the Commonwealth of Puerto
151
Rico during the previous fiscal year, by the product
of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
‘‘(3) MINIMUM ALLOCATION.—
‘‘(A) FISCAL YEAR 2002.—For fiscal year
2002, the percentage in paragraph (1)(A) shall
not be less than 77.5 percent.
‘‘(B) SUBSEQUENT
FISCAL
YEARS.—The
percentage in paragraph (2)(A) shall not be less
than—
‘‘(i) for fiscal year 2003, 80.0 percent;
‘‘(ii) for fiscal year 2004, 82.5 per-
cent; and
‘‘(iii) for fiscal year 2005 and suc-
ceeding fiscal years, 85.0 percent.
‘‘(4) SPECIAL
RULE.—If the application of
paragraph (3) would result in any of the 50 States
or the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in paragraph (1)
152
or (2), respectively, shall be the greater of the per-
centage in paragraph (1)(A) or (2)(A) the percent-
age used for the preceding fiscal year.’’; and
(2) by striking subsections (d) and (e).
SEC. 132. STATE APPLICATIONS; SERVICES.
(a) PROGRAM INFORMATION.—Section 1304(b) (20
U.S.C. 6394(b)) is amended—
(1) in paragraph (1), by striking ‘‘addressed
through’’ and all that follows through the semicolon
at the end and inserting the following:
‘‘addressed through—
‘‘(A) the full range of services that are
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams;
‘‘(B) joint planning among local, State,
and Federal educational programs serving mi-
grant children, including programs under title
VII;
‘‘(C) the integration of services available
under this part with services provided by those
other programs; and
‘‘(D) measurable program goals and out-
comes;’’;
153
(2) in paragraph (5), by striking ‘‘the require-
ments of paragraph (1); and’’ and inserting ‘‘the
numbers and needs of migratory children, the re-
quirements of subsection (d), and the availability of
funds from other Federal, State, and local pro-
grams;’’;
(3) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(7) a description of how the State will encour-
age programs and projects assisted under this part
to offer family literacy services if the program or
project serves a substantial number of migratory
children who have parents who do not have a high
school diploma or its recognized equivalent or who
have low levels of literacy.’’.
(b) ASSURANCES.—Section 1304(c) (20 U.S.C.
6394(c)) is amended—
(1) in paragraph (1), by striking ‘‘1306(b)(1);’’
and inserting ‘‘1306(a);’’;
(2) in paragraph (3)—
(A) by striking ‘‘appropriate’’;
(B) by striking ‘‘out, to the extent fea-
sible,’’ and inserting ‘‘out’’; and
154
(C) by striking ‘‘1118;’’ and inserting
‘‘1118, 
unless 
extraordinary 
circumstances
make implementation consistent with such sec-
tion impractical;’’; and
(3) in paragraph (7), by striking ‘‘section
1303(e)’’ and inserting ‘‘paragraphs (1)(A) and
(2)(B)(i) of section 1303(a)’’.
SEC. 133. AUTHORIZED ACTIVITIES.
Section 1306 (20 U.S.C. 6396) is amended to read
as follows:
‘‘SEC. 1306. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—
‘‘(1) FLEXIBILITY.—Each State educational
agency, through its local educational agencies, shall
have the flexibility to determine the activities to be
provided with funds made available under this part,
except that such funds shall first be used to meet
the identified needs of migratory children that result
from their migratory lifestyle, and to permit these
children to participate effectively in school.
‘‘(2) UNADDRESSED NEEDS.—Funds provided
under this part shall be used to address the needs
of migratory children that are not addressed by serv-
ices available from other Federal or non-Federal
programs, except that migratory children who are el-
155
igible to receive services under part A of this title
may receive those services through funds provided
under that part, or through funds under this part
that remain after the agency addresses the needs de-
scribed in paragraph (1).
‘‘(b) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing migratory children simultaneously with students with
similar educational needs in the same educational settings,
where appropriate.
‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,
a school that receives funds under this part shall continue
to address the identified needs described in subsection
(a)(1).’’.
SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.
(a) DURATION.—Section 1308(a)(2) (20 U.S.C.
6398(a)(2)) is amended by striking ‘‘subpart’’ and insert-
ing ‘‘subsection’’.
(b) STUDENT
RECORDS.—Section 1308(b) (20
U.S.C. 6398(b)) is amended to read as follows:
‘‘(b) ACCESS TO INFORMATION ON MIGRANT STU-
DENTS.—
‘‘(1) NATIONAL
SYSTEM.—(A) The Secretary
shall establish a national system for electronically
156
exchanging, among the States, health and edu-
cational information regarding all students served
under this part. Such information shall include—
‘‘(i) immunization records and other health
information;
‘‘(ii) elementary and secondary academic
history (including partial credit), credit accrual,
and results from State assessments required
under this title;
‘‘(iii) other academic information essential
to ensuring that migrant children achieve to
high standards; and
‘‘(iv) eligibility for services under the Indi-
viduals with Disabilities Education Act.
‘‘(B) The Secretary shall publish, not later than
120 days after the date of enactment of the Excel-
lence in Education Act, a notice in the Federal Reg-
ister seeking public comment on the proposed data
elements that each State receiving funds under this
part shall be required to collect for purposes of elec-
tronic transfer of migrant student information, the
requirements for immediate electronic access to such
information, and the educational agencies eligible to
access such information.
157
‘‘(C) Such system of electronic access to mi-
grant student information shall be operational not
later than 1 year after the date of enactment of the
Excellence in Education Act.
‘‘(D) For the purpose of carrying out this sub-
section in any fiscal year, the Secretary shall reserve
not more than $10,000,000 of the amount appro-
priated to carry out this part for such year.
‘‘(2) REPORT
TO
CONGRESS.—(A) Not later
than April 30, 2003, the Secretary shall report to
the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives the Secretary’s findings and rec-
ommendations regarding services under this part,
and shall include in this report, recommendations for
the interim measures that may be taken to ensure
continuity of services under this part.
‘‘(B) The Secretary shall assist States in devel-
oping effective methods for the transfer of student
records and in determining the number of students
or full-time equivalent students in each State if such
interim measures are required.’’.
158
(c) AVAILABILITY OF FUNDS.—Section 1308(c) (20
U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and
inserting ‘‘$10,000,000’’.
(d) INCENTIVE
GRANTS.—Section 1308(d) (20
U.S.C. 6398(d)) is amended to read as follows:
‘‘(d) INCENTIVE GRANTS.—From the amounts made
available to carry out this section for any fiscal year, the
Secretary may reserve not more than $3,000,000 to award
grants of not more than $250,000 on a competitive basis
to State educational agencies that propose a consortium
arrangement with another State or other appropriate enti-
ty that the Secretary determines, pursuant to criteria that
the Secretary shall establish, will improve the delivery of
services to migratory children whose education is inter-
rupted.’’.
PART C—NEGLECTED OR DELINQUENT YOUTH
SEC. 141. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read
as follows:
‘‘PART 
D—PREVENTION 
AND 
INTERVENTION
PROGRAMS FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH’’.
SEC. 142. FINDINGS.
Section 1401(a) is amended by striking paragraphs
(6) through (9) and inserting the following:
159
‘‘(6) Youth returning from correctional facilities
need to be involved in programs that provide them
with high level skills and other support to help them
stay in school and complete their education.
‘‘(7) Pregnant and parenting teenagers are a
high at-risk group for dropping out of school and
should be targeted by dropout prevention pro-
grams.’’.
SEC. 143. ALLOCATION OF FUNDS.
Section 1412(b) is amended to read as follows:
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the
amount of the subgrant for which a State agency in
the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount deter-
mined by multiplying the number of children count-
ed under subparagraph (a)(1)(A) for the Common-
wealth of Puerto Rico by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
160
‘‘(2) MINIMUM ALLOCATION.—The percentage
in paragraph (1)(A) shall not be less than—
‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent;
and
‘‘(D) for fiscal year 2005 and for each suc-
ceeding fiscal year, 85.0 percent.
‘‘(3) SPECIAL
RULE.—If the application of
paragraph (2) would result in any of the 50 States
or the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in paragraph (1)
shall be the greater of the percentage in paragraph
(1)(A) or the percentage used for the preceding fis-
cal year.’’.
SEC. 144. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 is amended to read as follows:
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA-
TIONS.
‘‘(a) STATE PLAN.—
‘‘(1) IN
GENERAL.—Each State educational
agency that desires to receive a grant under this
part shall submit, for approval by the Secretary, a
plan for meeting the educational needs of neglected
161
and delinquent youth, for assisting in their transi-
tion from institutions to locally operated programs,
and which is integrated with other programs under
this Act or other Acts, as appropriate, consistent
with section 11206.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objec-
tives, and performance measures established by
the State that will be used to assess the effec-
tiveness of the program in improving academic
and vocational and technical skills of children in
the program;
‘‘(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local educational
agencies in the State; and
‘‘(C) contain assurances that the State
educational agency will—
‘‘(i) ensure that programs assisted
under this part will be carried out in ac-
cordance with the State plan described in
this subsection;
‘‘(ii) carry out the evaluation require-
ments of section 1416;
162
‘‘(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory and
regulatory requirements; and
‘‘(iv) provide such other information
as the Secretary may reasonably require.
‘‘(3) DURATION
OF
THE
PLAN.—Each such
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
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove each State plan that meets the requirements
of this part.
‘‘(2) PEER REVIEW.—The Secretary may review
any State plan with the assistance and advice of in-
dividuals with relevant expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State
agency that desires to receive funds to carry out a pro-
gram under this part shall submit an application to the
State educational agency that—
163
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to
assess the educational needs of the children to be
served;
‘‘(2) provides assurances that in making serv-
ices available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
‘‘(3) describes the program, including a budget
for the first year of the program, with annual up-
dates to be provided to the State educational agency;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this
subpart;
‘‘(5) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 10501 and how
the results of the most recent evaluation are used to
plan and improve the program;
164
‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 10401;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under the Job Training
Partnership Act or title I of the Workforce Invest-
ment Act of 1998, vocational and technical edu-
cation programs, State and local dropout prevention
programs, and special education programs;
‘‘(9) describes how States will encourage correc-
tional facilities receiving funds under this subpart to
coordinate with local educational agencies or alter-
native education programs attended by incarcerated
youth prior to their incarceration to ensure that stu-
dent assessments and appropriate academic records
are shared jointly between the correctional facility
and the local educational agency or alternative edu-
cation program;
‘‘(10) describes how appropriate professional
development will be provided to teachers and other
staff;
‘‘(11) designates an individual in each affected
institution to be responsible for issues relating to the
165
transition of children and youth from the institution
to locally operated programs;
‘‘(12) describes how the agency will, endeavor
to coordinate with businesses for training and men-
toring for participating youth;
‘‘(13) provides assurances that the agency will
assist in locating alternative programs through
which students can continue their education if stu-
dents are not returning to school after leaving the
correctional facility;
‘‘(14) provides assurances that the agency will
work with parents to secure parents’ assistance in
improving the educational achievement of their chil-
dren and preventing their children’s further involve-
ment in delinquent activities;
‘‘(15) provides assurances that the agency
works with special education youth in order to meet
an existing individualized education program and an
assurance that the agency will notify the youth’s
local school if such youth—
‘‘(A) is identified as in need of special edu-
cation services while the youth is in the facility;
and
‘‘(B) intends to return to the local school;
166
‘‘(16) provides assurances that the agency will
work with youth who dropped out of school before
entering the facility to encourage the youth to reen-
ter school once the term of the youth has been com-
pleted or provide the youth with the skills necessary
to gain employment, continue the education of the
youth, or achieve a secondary school diploma or the
recognized equivalent if the youth does not intend to
return to school;
‘‘(17) provides assurances that teachers and
other qualified staff are also trained to work with
children with disabilities and other students with
special needs taking into consideration the unique
needs of such students;
‘‘(18) describes any additional services provided
to youth, such as career counseling, distance learn-
ing, and assistance in securing student loans and
grants; and
‘‘(19) provides assurances that the program
under this subpart will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 or other com-
parable programs, if applicable.’’.
SEC. 145. USE OF FUNDS.
Section 1415(a) is amended—
167
(1) in paragraph (1)(B), by inserting ‘‘and vo-
cational and technical training’’ after ‘‘secondary
school completion’’; and
(2) in paragraph (2)(B)—
(A) in clause (i), by inserting ‘‘and’’ after
the semicolon;
(B) in clause (ii), by striking ‘‘; and’’ and
inserting a period; and
(C) by striking clause (iii).
SEC. 146. PURPOSE.
Section 1421 is amended by striking paragraph (3)
and inserting the following:
‘‘(3) operate programs for youth returning from
correctional facilities in local schools which may also
serve youth at risk of dropping out of school.’’.
SEC. 147. TRANSITION SERVICES.
Section 1418(a) is amended by striking ‘‘10 percent’’
and inserting ‘‘15 percent’’.
SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
Section 1422 is amended—
(1) in subsection (a), by striking ‘‘retained’’;
(2) by amending subsection (b) to read as fol-
lows:
168
‘‘(b) SPECIAL RULE.—A local educational agency
which includes a correctional facility that operates a school
is not required to operate a program of support for chil-
dren returning from such school to a school not operated
by a correctional agency but served by such local edu-
cational agency if more than 30 percent of the youth at-
tending the school operated by the correctional facility will
reside outside the boundaries of the local educational
agency after leaving such facility.’’; and
(3) by adding at the end of section 1422 the
following:
‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.—
Transitional and supportive programs operated in local
educational agencies under this subpart shall be designed
primarily to meet the transitional and academic needs of
students returning to local educational agencies or alter-
native education programs from correctional facilities.
Services to students at risk of dropping out of school shall
not have a negative impact on meeting the transitional and
academic needs of the students returning from correc-
tional facilities.’’.
SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 is amended by striking paragraphs (4)
through (9) and inserting the following:
169
‘‘(4) a description of the program operated by
participating schools for children returning from cor-
rectional facilities and the types of services that such
schools will provide such youth and other at-risk
youth;
‘‘(5) a description of the youth returning from
correctional facilities and, as appropriate, other at-
risk youth expected to be served by the program and
how the school will coordinate existing educational
programs to meet the unique educational needs of
such youth;
‘‘(6) as appropriate, a description of how
schools will coordinate with existing social, health
and other services to meet the needs of students re-
turning from correctional facilities, students at risk
of dropping out of school, and other participating
students, including prenatal health care and nutri-
tion services related to the health of the parent and
child, parenting and child development classes, child
care, targeted re-entry and outreach programs, re-
ferrals to community resources, and scheduling flexi-
bility;
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training,
170
curriculum-based youth entrepreneurship education
and mentoring services for participating students;
‘‘(8) as appropriate, a description of how pro-
grams will involve parents in efforts to improve the
educational achievement of their children, prevent
the involvement of their children in delinquent activi-
ties, and encourage their children to remain in
school and complete their education;
‘‘(9) a description of how the program under
this subpart will be coordinated with other Federal,
State, and local programs, such as programs under
the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998 and vocational
and technical education programs serving this at-
risk population of youth;’’.
SEC. 150. USES OF FUNDS.
Section 1424 is amended by striking paragraphs (1)
through (3) and inserting the following:
‘‘(1) programs that serve youth returning from
correctional facilities to local schools to assist in the
transition of such youth to the school environment
and help them remain in school in order to complete
their education;
171
‘‘(2) providing assistance to other youth at risk
of dropping out of school, including pregnant and
parenting teenagers;
‘‘(3) the coordination of social, health, and
other services, including day care, for participating
youth if the provision of such services will improve
the likelihood that such youth will complete their
education;
‘‘(4) special programs to meet the unique aca-
demic needs of participating youth, including voca-
tional and technical education, special education, ca-
reer counseling, curriculum-based youth entrepre-
neurship education, and assistance in securing stu-
dent loans or grants for postsecondary education;
and
‘‘(5) programs providing mentoring and peer
mediation.’’.
SEC. 151. PROGRAM REQUIREMENTS.
Section 1425 is amended—
(1) in paragraph (1), by striking ‘‘where fea-
sible, ensure educational programs’’ and inserting
the following: ‘‘to the extent practicable, ensure that
educational programs’’;
172
(2) in paragraph (3), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(3) in paragraph (8), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(4) in paragraph (9), by inserting ‘‘and tech-
nical’’ after ‘‘vocational’’; and
(5) by amending paragraph (11) to read as fol-
lows:
‘‘(11) if appropriate, work with local businesses
to develop training, curriculum-based youth entre-
preneurship education, and mentoring programs for
youth.’’.
SEC. 152. PROGRAM EVALUATIONS.
Section 1431(a) is amended by striking ‘‘sex, and if
feasible,’’ and inserting ‘‘gender,’’.
PART D—GENERAL PROVISIONS
SEC. 161. GENERAL PROVISIONS.
Title I is amended—
(1) by redesignating part F as part G; and
(2) by redesignating sections 1601 through
1604 as sections 1701 through 1704, respectively.
173
PART E—COMPREHENSIVE SCHOOL REFORM
SEC. 171. COMPREHENSIVE SCHOOL REFORM.
Title I is amended by inserting after Part E the fol-
lowing:
‘‘PART F—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1601. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student perform-
ance standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
174
ically based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
175
to each State for a fiscal year, an amount that
bears the same ratio to the amount appro-
priated for that fiscal year as the amount made
available under section 1124 to the State for
the preceding fiscal year bears to the total
amount allocated under section 1124 to all
States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
176
using expert review, will select local edu-
cational agencies to receive subgrants
under this section;
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
based on scientifically based research re-
ceive funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically based research;
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms re-
sulted in increased student academic per-
formance; and
‘‘(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, devel-
oping, and implementing comprehensive
school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
177
use such funds to provide competitive grants to
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency shall be—
‘‘(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected
or designed by each school identified in the
application of the local educational agency;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for 2 additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(b);
and
178
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
‘‘(E) ADMINISTRATIVE
COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
179
shall provide to the Secretary such information as
the Secretary may require, including the names of
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, and a description of the com-
prehensive school reform model selected and in use.
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN
GENERAL.—Each local educational
agency that applies for a subgrant under this section
shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
‘‘(B) describe the scientifically based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effec-
tive implementation of the scientifically based
school reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and meas-
ure the results achieved in improving student
academic performance.
180
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to
schools that implement a comprehensive school re-
form program that—
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically based research and effective practices
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, professional develop-
ment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
181
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
182
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive
school reform programs for schoolwide change that
comply with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—In carrying out paragraph
(1), the Secretary shall evaluate the implementation
and results achieved by schools after 3 years of im-
plementing comprehensive school reforms, and assess
the effectiveness of comprehensive school reforms in
schools with diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to carry out this section $300,000,000 for
183
fiscal year 2002 and such sums as may be necessary for
each of the 4 succeeding fiscal years.’’.
TITLE II—SMART CLASSROOMS
SEC. 201. SMART CLASSROOMS.
(a) IN GENERAL.—Title II (20 U.S.C. 6601 et seq.)
is amended—
(1) by striking the heading for title II and in-
serting the following:
‘‘TITLE II—SMART
CLASSROOMS’’;
(2) by striking sections 2001 through 2003;
(3) by striking parts A, B, D and E;
(3) by redesignating part C as part D; and
(4) by inserting after the title heading the fol-
lowing:
‘‘PART A—QUALIFIED TEACHERS IN EVERY
CLASSROOM
‘‘Subpart 1—Purpose; Authorization of
Appropriations
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this part is to support the improve-
ment of classroom instruction, so that all students are able
to achieve to challenging State content and student per-
formance standards in the core academic subjects, by pro-
viding assistance to State and local educational agencies
184
in their efforts to recruit and retain a fully qualified in-
structional staff by—
‘‘(1) supporting States and local educational
agencies in continuing the task of developing chal-
lenging content and student performance standards
and aligned assessments, revising curricula and
teacher certification requirements, and using chal-
lenging content and student performance standards
to improve teaching and learning;
‘‘(2) assisting high-poverty local educational
agencies and low-performing local educational agen-
cies that have the greatest difficulty in recruiting
and retaining fully qualified teachers;
‘‘(3) supporting States and local educational
agencies in recruiting and retaining teachers in sub-
ject areas in which the State has determined there
to be a shortage of teachers;
‘‘(4) ensuring that all instructional staff have
the subject matter knowledge and teaching skills
necessary to teach effectively in all subjects in which
they provide instruction;
‘‘(5) providing assistance to new teachers dur-
ing their first 3 years in the classroom; and
‘‘(6) ensuring that teachers, principals, admin-
istrators, and other school staff have access to pro-
185
fessional development that is aligned with chal-
lenging State content and student performance
standards in the core academic subjects.
‘‘SEC. 2002. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 2.—For the purpose of carrying out
subpart 2, there are authorized to be appropriated
$2,745,000,000 for fiscal year 2002, $2,816,000,000 for
fiscal year 2003, $2,889,000,000 for fiscal year 2004,
$2,959,000,000 for fiscal year 2005, and $3,027,000,000
for fiscal year 2006.
‘‘(b) SUBPART 3.—For the purpose of carrying out
subpart 3, there are authorized to be appropriated
$40,000,000 for fiscal year 2002 and such sums as may
be necessary for each of fiscal years 2003 through 2006.
‘‘Subpart 2—State and Local Activities
‘‘SEC. 2011. ALLOCATIONS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 2013 submits to the Secretary
an application for a fiscal year, and has that application
approved under section 2013(c), the Secretary shall make
a grant for the year to the State for the uses specified
in section 2012. The grant shall consist of the allocation
determined for the State under subsection (b) or (c).
186
‘‘(b) RESERVATION OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal
year, the Secretary shall reserve—
‘‘(1) one-half of 1 percent to provide assistance
to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying areas
on the basis of their relative need, as determined by
the Secretary in accordance with the purpose of this
part; and
‘‘(2) one-half of 1 percent for the Secretary of
the Interior for activities under this subpart for
teachers, principals, administrators, and other school
staff in schools operated or funded by the Bureau of
Indian Affairs.
‘‘(c) STATE ALLOCATIONS.—
‘‘(1) IN
GENERAL.—After reserving funds
under subsection (b), the Secretary shall allocate the
remaining amount made available to carry out this
subpart for any fiscal year among the 50 States, the
District of Columbia, and the Commonwealth of
Puerto Rico as follows:
‘‘(A) 50 percent of such amount shall be
allocated among such States on the basis of
their relative populations of individuals aged 5
187
through 17, as determined by the Secretary on
the basis of the most recent satisfactory data.
‘‘(B) 50 percent of such amount shall be
allocated among such States in proportion to
the number of children, aged 5 to 17, who re-
side within the State from families with in-
comes below the poverty line applicable to a
family of the size involved for the most recent
fiscal year for which satisfactory data are avail-
able, compared to the number of such individ-
uals who reside in all such States for that fiscal
year.
‘‘(2) MINIMUM ALLOCATION.—No State receiv-
ing an allocation under paragraph (1) may receive
less than one-quarter of 1 percent of the total
amount made available to carry out this subpart for
any fiscal year and not reserved under subsection
(b).
‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS.
‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) IN
GENERAL.—Each State receiving a
grant under this subpart shall expend at least 92
percent of the amount of the funds provided under
188
the grant for the purpose of making subgrants to
local educational agencies as follows:
‘‘(A) subject to paragraph (2), 80 percent
of such amount shall be allocated as follows:
‘‘(i) 60 percent shall be allocated
among local educational agencies having an
approved application under section 2017 in
proportion to the number of children, aged
5 to 17, who reside within the jurisdiction
served by the agency from families with in-
comes below the poverty line applicable to
a family of the size involved for the most
recent fiscal year for which satisfactory
data are available, compared to the num-
ber of such children who reside in all such
jurisdictions for that fiscal year.
‘‘(ii) 40 percent shall be allocated
among local educational agencies having an
approved application under section 2017
on the basis of their relative populations of
children aged 5 to 17, as determined by
the Secretary on the basis of the most re-
cent satisfactory data.
‘‘(B) 20 percent of such amount shall be
used to provide additional funds to local edu-
189
cational agencies, and partnerships described in
section 2016(b)(1), having an approved applica-
tion under section 2018 in accordance with
such section.
‘‘(2) 
MINIMUM
AMOUNT.—Notwithstanding
paragraph (1)(A), a local educational agency may
not receive an allocation under such paragraph for
any fiscal year that is less than its allocation for fis-
cal year 2001 under section 2203(1) of this Act (as
in effect on the day before the date of the enactment
of the Excellence and Accountability in Education
Act). If the amount available for allocations under
paragraph (1)(A) is insufficient to satisfy the pre-
ceding sentence, each allocation under such para-
graph shall be ratably reduced.
‘‘(b) SUBGRANTS TO PARTNERSHIPS.—Each State
receiving a grant under this subpart shall expend at least
2 percent of the amount of the funds provided under the
grant for the purpose of making subgrants to partnerships
under section 2016.
‘‘(c) STATE-LEVEL ACTIVITIES.—Each State receiv-
ing a grant under this part may expend not more than
6 percent of the amount of the funds provided under the
grant for one or more of the State-level activities described
in section 2015.
190
‘‘(d) ADMINISTRATION AND EVALUATIONS.—Subject
to section 2023, each State receiving a grant under this
subpart or part C shall expend not more than 1⁄6 of its
allocation under subsection (c) for—
‘‘(1) its costs of administering this subpart and
part C;
‘‘(2) evaluations of the effectiveness of activities
under this subpart and part C, including effective-
ness as measured using the indicators of program
performance described in section 2401; and
‘‘(3) reports required under section 2201(e).
‘‘SEC. 2013. STATE APPLICATION.
‘‘(a) APPLICATIONS REQUIRED.—
‘‘(1) IN GENERAL.—Each State desiring to re-
ceive its allocation under this subpart shall submit,
through its State educational agency, an application
to the Secretary at such time, in such form, and
containing such information as the Secretary reason-
ably may require.
‘‘(2) CONSULTATION.—The State educational
agency shall develop the State application—
‘‘(A) in consultation with the State agency
for higher education, community-based and
other nonprofit organizations of demonstrated
191
effectiveness in professional development, and
institutions of higher education; and
‘‘(B) with the extensive participation of
teachers, teacher educators, school administra-
tors, and content specialists.
‘‘(b) CONTENTS.—Each such application shall in-
clude the following:
‘‘(1) A description of how the State educational
agency will use all funds received under this subpart
to implement State plans or policies that support
comprehensive standards-based education reform
through the following strategies:
‘‘(A) Supporting the alignment of curricula
and assessments with challenging State content
and student performance standards.
‘‘(B) Supporting local educational agencies
in their efforts to recruit and retain fully quali-
fied teachers, with special consideration given to
recruiting highly qualified teachers from minor-
ity and other historically underrepresented
groups, including bilingual teachers.
‘‘(C) Ensuring that teachers employed by
local educational agencies are proficient in con-
tent knowledge and teaching skills in all sub-
jects in which they provide instruction.
192
‘‘(D) Providing professional development,
aligned with State content and student per-
formance standards, in core academic subjects.
‘‘(2) An assurance that teacher aides or other
paraprofessionals who are not fully qualified teach-
ers provide instruction to students only under the di-
rect and immediate supervision of a fully qualified
teacher, and have received the professional develop-
ment necessary to perform their duties.
‘‘(3) A description of the process the State edu-
cational agency will use to make competitive awards
to local educational agencies under section 2018, in-
cluding a description of—
‘‘(A) the State’s criteria for classifying
local educational agencies as among those hav-
ing the greatest need for services provided
under this subpart and its justification for
those criteria;
‘‘(B) the State’s strategies for ensuring
that local educational agencies that have his-
torically had little success in competing for
funds are provided a reasonable opportunity to
compete for subgrants;
‘‘(C) the State’s criteria for determining
the amounts that it will award to recipients and