by the State under section 113 as ideal or adequate, to 
each of the following opportunity to learn indicators: 
(1) highly effective teachers; 
(2) early childhood education; 
(3) college preparatory curricula; and 
(4) equitable instructional resources. 
(b) 
COMPARABLE
EDUCATIONAL
SERVICES.—A 
State shall provide educational services in local edu-
cational agencies that receive funds under part A of title 
I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) that are, taken as a whole, at 
least comparable to educational services provided in local 
educational agencies not receiving such funds. 
(c) COMPLIANCE WITH COURT ORDERS.—A State 
shall comply with any substantive Federal or State court 
order in any matter concerning the adequacy or equity of 
the State’s public school system, to the extent required 
in the order. 
SEC. 113. STATE-ESTABLISHED STANDARDS FOR OPPOR-
TUNITY TO LEARN. 
(a) ESTABLISHMENT.—In carrying out section 
112(a), each State educational agency, in consultation 
with local educational agencies, teachers, principals, pupil 
services personnel, administrators, other staff, and par-
ents, shall develop standards to describe and measure the 
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extent to which the State provides to the students in each 
public school and local educational agency in the State 
each of the opportunity to learn indicators described in 
section 112(a) in terms of ideal, adequate, and basic levels 
of such access. 
(b) FACTORS FOR CONSIDERATION.—In defining the 
levels of access required under subsection (a), the State 
shall consider, in addition to the factors described in sec-
tion 112(a)— 
(1) the access available to students in schools in 
the highest achieving decile of public elementary 
schools and secondary schools in the State, as deter-
mined on the basis of student performance on state-
wide student academic assessments, including— 
(A) student academic assessments in read-
ing or language arts, mathematics, and science 
under section 1111(b)(3) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(3)); 
(B) national student academic assessments 
of reading and mathematics under the National 
Assessment of Educational Progress carried out 
under section 303(a) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(a)); and 
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(C) State student academic assessments of 
reading and mathematics under the National 
Assessment of Educational Progress carried out 
under section 303(b)(3) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(b)(3)); 
(2) the unique needs of low-income, urban and 
rural, and minority students; and 
(3) other educationally appropriate factors. 
(c) CHALLENGING STANDARDS.—The levels of access 
required under subsection (a) shall be aligned with the 
challenging State academic content and achievement 
standards, and the high-quality academic assessments, re-
quired under the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.). 
(d) SUBMISSION
TO SECRETARY.—A State edu-
cational agency shall submit to the Secretary— 
(1) a description of each of the levels of access 
required under subsection (a); 
(2) a description of the level of access of each 
local educational agency, elementary school, and sec-
ondary school in the State to each of the opportunity 
to learn indicators described in section 112(a), in-
cluding identification of any such schools that do not 
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provide ideal or adequate levels of access (as defined 
under subsection (a)); 
(3) an estimate of the additional cost, if any, of 
ensuring that the public school system meets the re-
quirements of section 112; and 
(4) the information required under subpara-
graphs (B) and (C) of paragraph (1) and paragraph 
(2)(B) of section 131(b). 
(e) PUBLICATION
AND DISSEMINATION
TO PAR-
ENTS.—The State annually shall publish the information 
submitted under subsection (d) and shall disseminate the 
information to the public and the parents of children at-
tending (or who may attend) public schools in the State, 
in an understandable and uniform format and, to the ex-
tent practicable, in a language that the parents can under-
stand, through such means as the Internet, the media, and 
public agencies. 
Subtitle B—State Accountability 
SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE 
AND INEQUITABLE STATE PUBLIC SCHOOL 
SYSTEMS. 
(a) ANNUAL DETERMINATION BY SECRETARY.—Be-
ginning not later than October 1 of the first full school 
year after the date of enactment of this Act, the Secretary 
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shall annually determine whether each State meets each 
of the requirements of section 112. 
(b) PUBLICATION BY SECRETARY.—The Secretary 
shall publish and make available to the general public (in-
cluding by means of the Internet) the determinations 
under subsection (a). 
SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF 
EDUCATIONAL OPPORTUNITY. 
(a) STATE REMEDIATION PLAN.—A State deter-
mined under section 121 not to meet the requirements of 
section 112 shall develop and submit to the Secretary, by 
not later than 1 year after the determination, a remedi-
ation plan (which the State may amend to improve the 
plan or to take into account significantly changed cir-
cumstances), as follows: 
(1) LONG-TERM REMEDIATION FOR ACCESS TO 
OPPORTUNITY TO LEARN INDICATORS.—If the State 
is determined not to meet the requirements under 
section 112(a) (relating to access to the opportunity 
to learn indicators), the plan shall provide for the 
following: 
(A) A description of the actions the State 
will take to meet the requirements of section 
112(a), by not later than 12 years after the end 
of the 2003–2004 school year, to provide ideal 
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