IB 
Union Calendar No. 38 
107TH CONGRESS 
1ST SESSION 
H. R. 1 
[Report No. 107–63, Part I] 
To close the achievement gap with accountability, flexibility, and choice, 
so that no child is left behind. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2001 
Mr. BOEHNER (for himself, Mr. CASTLE, Mr. MCKEON, Mr. HASTERT, Mr. 
ARMEY, Mr. DELAY, Mr. WATTS of Oklahoma, Ms. PRYCE of Ohio, Mr. 
DREIER, Mr. PETRI, Mr. SCHAFFER, Mr. ISAKSON, Mr. BALLENGER, Mr. 
SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. GRAHAM, Mr. NORWOOD, 
Mr. UPTON, Mr. HILLEARY, Mr. EHLERS, Mr. FLETCHER, Mr. DEMINT, 
Mrs. BIGGERT, Mr. TIBERI, Mr. KELLER, Mr. OSBORNE, Mr. 
CULBERSON, Mr. OXLEY, Mr. NUSSLE, Mr. WOLF, Mr. GEKAS, Mr. 
COMBEST, Mr. KOLBE, Mr. BAKER, Mr. WELDON of Pennsylvania, Mr. 
SHAYS, Mr. GILLMOR, Mr. GOSS, Mr. CAMP, Mr. CUNNINGHAM, Mr. 
HOBSON, Mr. BACHUS, Mr. CALVERT, Mr. COLLINS, Mr. DEAL of Geor-
gia, Mr. DIAZ-BALART, Mr. HORN, Mr. KINGSTON, Mr. LINDER, Mr. 
MCINNIS, Mr. MILLER of Florida, Mr. ROYCE, Mr. PORTMAN, Mr. BARR 
of Georgia, Mr. BURR of North Carolina, Mr. CHAMBLISS, Mr. EHRLICH, 
Mr. LATOURETTE, Mr. RADANOVICH, Mr. COOKSEY, Mrs. NORTHUP, Mr. 
PETERSON
of Pennsylvania, Mr. PICKERING, Mr. SHIMKUS, Mr. 
SUNUNU, Mr. FOSSELLA, Mrs. BONO, Mr. GREEN of Wisconsin, Mr. 
HAYES, Mr. GARY MILLER of California, Mr. OSE, Mr. SWEENEY, Mr. 
CRENSHAW, Ms. HART, Mr. ISSA, Mr. PUTNAM, and Mr. SCHROCK) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
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MAY 14, 2001 
Additional sponsors: Ms. GRANGER, Mr. FRELINGHUYSEN, Mr. MICA, Mr. 
TIAHRT, Mr. BONILLA, Mr. TRAFICANT, Mr. BROWN of South Carolina, 
and Mrs. ROUKEMA 
MAY 14, 2001 
Reported with an amendment and referred to the Committee on the Judiciary 
for a period ending not later than May 15, 2001, for consideration of 
such provisions of the bill and amendment as fall within the jurisdiction 
of that committee pursuant to clause 1(k), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 15, 2001 
The Committee on the Judiciary discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 22, 2001] 
A BILL 
To close the achievement gap with accountability, flexibility, 
and choice, so that no child is left behind. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Child Left Behind 
Act of 2001’’. 
SEC. 2. REFERENCES. 
Except as otherwise specifically provided in this Act, 
whenever in this Act an amendment or repeal is expressed 
as the amendment or repeal of a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.). 
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SEC. 3. TRANSITION. 
Except as otherwise specifically provided in this Act, 
or any amendment made by this Act, any person or agency 
that was awarded a grant under the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
prior to the date of the enactment of this Act shall continue 
to receive funds in accordance with the terms of such award, 
except that such funds may not be provided after the date 
that is one year after the effective date of this Act. 
SEC. 4. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. References. 
Sec. 3. Transition. 
Sec. 4. Table of contents. 
Sec. 5. Effective date. 
TITLE I—IMPROVING THE ACADEMIC PERFORMANCE OF THE 
DISADVANTAGED 
PART A—BASIC PROGRAM 
Sec. 101. Disadvantaged children meet high academic standards. 
Sec. 102. Authorization of appropriations. 
Sec. 103. Reservation for school improvement. 
Sec. 104. Basic programs. 
Sec. 105. School choice. 
Sec. 106. Academic assessment and local educational agency and school improve-
ment. 
Sec. 107. State assistance for school support and improvement. 
Sec. 108. Academic achievement awards program. 
PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS 
Sec. 111. Reading first; early reading first. 
Sec. 112. Amendments to Even Start. 
Sec. 113. Inexpensive book distribution program. 
PART C—EDUCATION OF MIGRATORY CHILDREN 
Sec. 121. State allocations. 
Sec. 122. State applications; services. 
Sec. 123. Authorized activities. 
Sec. 124. Coordination of migrant education activities. 
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PART D—NEGLECTED OR DELINQUENT YOUTH 
Sec. 131. Neglected or delinquent youth. 
Sec. 132. Findings. 
Sec. 133. Allocation of funds. 
Sec. 134. State plan and State agency applications. 
Sec. 135. Use of funds. 
Sec. 136. Transition services. 
Sec. 137. Purpose. 
Sec. 138. Programs operated by local educational agencies. 
Sec. 139. Local educational agency applications. 
Sec. 140. Uses of funds. 
Sec. 141. Program requirements. 
Sec. 142. Program evaluations. 
PART E—FEDERAL EVALUATIONS AND DEMONSTRATIONS 
Sec. 151. Evaluations. 
Sec. 152. Demonstrations of innovative practices. 
Sec. 153. Ellender-close up fellowship program; dropout reporting. 
PART F—COMPREHENSIVE SCHOOL REFORM 
Sec. 161. School reform. 
PART G—RURAL EDUCATION FLEXIBILITY AND ASSISTANCE 
Sec. 171. Rural education. 
PART H—GENERAL PROVISIONS OF TITLE I 
Sec. 181. General provisions. 
TITLE II—PREPARING, TRAINING, AND RECRUITING QUALITY 
TEACHERS 
Sec. 201. Teacher quality training and recruiting fund. 
Sec. 202. National writing project. 
Sec. 203. Civic education; teacher liability protection. 
TITLE III—EDUCATION OF LIMITED ENGLISH PROFICIENT AND 
IMMIGRANT CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION 
PART A—EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT 
CHILDREN 
Sec. 301. Programs authorized. 
Sec. 302. Conforming amendment to Department of Education Organization Act. 
PART B—INDIAN AND ALASKA NATIVE EDUCATION 
Sec. 311. Elementary and Secondary Education Act of 1965. 
Sec. 312. Alaska Native education. 
Sec. 313. Amendments to the education amendments of 1978. 
Sec. 314. Tribally Controlled Schools Act of 1988. 
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TITLE IV—PROMOTING INFORMED PARENTAL CHOICE AND 
INNOVATIVE PROGRAMS 
PART A—INNOVATIVE PROGRAMS 
Sec. 401. Promoting informed parental choice and innovative programs. 
Sec. 402. Continuation of awards. 
PART B—PUBLIC CHARTER SCHOOLS 
Sec. 411. Public charter schools. 
Sec. 412. Continuation of awards. 
PART C—MAGNET SCHOOLS ASSISTANCE; WOMEN’S EDUCATIONAL EQUITY 
Sec. 421. Magnet schools assistance. 
Sec. 422. Women’s educational equity. 
Sec. 423. Continuation of awards. 
TITLE V—21ST CENTURY SCHOOLS 
Sec. 501. Safe schools. 
TITLE VI—IMPACT AID PROGRAM 
Sec. 601. Payments under section 8002 with respect to fiscal years in which in-
sufficient funds are appropriated. 
Sec. 602. Calculation of payment under section 8003 for small local educational 
agencies. 
Sec. 603. Construction. 
Sec. 604. State consideration of payments in providing State aid. 
Sec. 605. Authorization of appropriations. 
Sec. 606. Redesignation of program. 
TITLE VII—ACCOUNTABILITY 
Sec. 701. Flexibility and accountability. 
TITLE VIII—GENERAL PROVISIONS 
Sec. 801. General provisions. 
Sec. 802. Comprehensive regional assistance centers. 
Sec. 803. National diffusion network. 
Sec. 804. Eisenhower regional mathematics and science education consortia. 
Sec. 805. Technology-based technical assistance. 
Sec. 806. Regional technical support and professional development. 
TITLE IX—MISCELLANEOUS PROVISIONS 
PART A—AMENDMENTS TO OTHER ACTS 
SUBPART 1—NATIONAL EDUCATION STATISTICS ACT 
Sec. 901. Amendment to NESA. 
SUBPART 2—HOMELESS EDUCATION 
Sec. 911. Short title. 
Sec. 912. Findings. 
Sec. 913. Purpose. 
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Sec. 914. Education for homeless children and youth. 
Sec. 915. Technical amendment. 
PART B—REPEALS 
Sec. 921. Repeals. 
SEC. 5. EFFECTIVE DATE. 
Except as otherwise specifically provided in this Act, 
this Act, and the amendments made by this Act, shall take 
effect on October 1, 2001, or on the date of the enactment 
of this Act, whichever occurs later. 
TITLE I—IMPROVING THE ACA-
DEMIC 
PERFORMANCE 
OF 
THE DISADVANTAGED 
PART A—BASIC PROGRAM 
SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACA-
DEMIC STANDARDS. 
Section 1001 is amended to read as follows: 
‘‘SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND REC-
OGNITION OF NEED. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) The Constitution of the United States re-
serves to the States and to the people the responsi-
bility for the general supervision of public education 
in kindergarten through the twelfth grade. 
‘‘(2) States, local educational agencies and 
schools should be given maximum flexibility in ex-
change for greater academic accountability, and be 
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given greater freedom to build upon existing innova-
tive approaches for education reform. 
‘‘(3) The best education decisions are made by 
those who know the students and who are responsible 
for implementing the decisions. 
‘‘(4) Educators and parents should retain the 
right and responsibility to educate their pupils and 
children free of excessive regulation by the Federal 
Government. 
‘‘(5) The Supreme Court has regarded the right 
of parents to direct the upbringing of their children 
as a fundamental right implicit in the concept of or-
dered liberty within the 14th Amendment to the Con-
stitution, as specified in Meyer v. Nebraska, 262 U.S. 
390 (1923), and Pierce v. Society of Sisters, 268 U.S. 
510 (1925). 
‘‘(6) 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 academic standards. 
‘‘(7) High-poverty schools are much more likely 
to be identified as failing to meet State academic 
standards for satisfactory progress. As a result, these 
schools are generally the most in need of additional 
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resources and technical assistance to build the capac-
ity of these schools to address the many needs of their 
students. 
‘‘(8) The educational progress of children par-
ticipating in programs under this title is closely asso-
ciated with their being taught by a highly 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. 
‘‘(9) Congress and the public would benefit from 
additional data evaluating the efficacy of the Elemen-
tary and Secondary Education Act of 1965. 
‘‘(10) Schools operating programs assisted under 
this part must be held accountable for the educational 
achievement of their students, when those students fail 
to demonstrate progress in achieving high academic 
standards, local educational agencies and States must 
take significant actions to improve the educational 
opportunities available to them. 
‘‘(b) PURPOSE AND INTENT.—The purpose and intent 
of this title are to ensure that all children have a fair and 
equal opportunity to obtain a high-quality education. 
‘‘(c) RECOGNITION OF NEED.—The Congress recognizes 
the following: 
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‘‘(1) Educational needs are particularly great for 
low-achieving children in our Nation’s highest-poverty 
schools, children with limited English proficiency, 
children of migrant workers, children with disabil-
ities, Indian children, children who are neglected or 
delinquent, and young children who are in need of 
reading assistance and family literacy assistance. 
‘‘(2) Despite more than 3 decades of Federal as-
sistance, a sizable achievement gap remains between 
minority and nonminority students, and between dis-
advantaged students and their more advantaged 
peers. 
‘‘(3) Too many students attend local schools that 
fail to provide them with a quality education, and 
are given no alternatives to enable them to receive a 
quality education. 
‘‘(4) States, local educational agencies, and 
schools need to be held accountable for improving the 
academic achievement of all students, and for identi-
fying and turning around low-performing schools. 
‘‘(5) States and local educational agencies need 
to ensure that high quality academic assessments, ac-
countability systems, teacher preparation and train-
ing, curriculum, and instructional materials are 
aligned with challenging State academic standards so 
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that students, teachers, parents, and administrators 
can measure progress against common expectations 
for student academic achievement. 
‘‘(6) Federal education assistance is intended not 
only to increase pupil achievement overall, but also 
more specifically and importantly, to help ensure that 
all students, especially the disadvantaged, meet chal-
lenging academic achievement standards. It can only 
be determined if schools, local educational agencies, 
and States are reaching this goal if student achieve-
ment results are reported specifically by disadvan-
taged and minority status.’’. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
Section 1002 is amended to read as follows: 
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the 
purpose of carrying out part A, other than section 1120(e), 
there are authorized to be appropriated $11,500,000,000 for 
fiscal year 2002, $13,000,000,000 for fiscal year 2003, 
$14,500,000,000 for fiscal year 2004, $16,000,000,000 for 
fiscal year 2005, and $17,200,000,000 for fiscal year 2006. 
‘‘(b) STUDENT
READING
SKILLS
IMPROVEMENT 
GRANTS.— 
‘‘(1) READING FIRST.—For the purpose of car-
rying out subpart 1 of part B, there are authorized 
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‘‘(B) For the purpose of carrying out section 
1502, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2002 and 
for each of the 4 succeeding fiscal years. 
‘‘(2) SECTION 1503.—For the purpose of carrying 
out section 1503, there are authorized to be appro-
priated such sums as may be necessary for fiscal year 
2002 and for each of the 4 succeeding fiscal years. 
‘‘(i) STATE ADMINISTRATION.— 
‘‘(1) STATE RESERVATION.—Each State may re-
serve, from the sum of the amounts it receives under 
parts A, C, and D of this title, an amount equal to 
the greater of 1 percent of the amount it received 
under such parts for fiscal year 2001, or $400,000 
($50,000 for each outlying area), including any funds 
it receives under paragraph (2), to carry out admin-
istrative duties assigned under parts A, C, and D. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $10,000,000 
for fiscal year 2002 and such sums as may be nec-
essary for each of the 4 succeeding fiscal years for ad-
ditional State administration grants. Any such addi-
tional grants shall be allocated among the States in 
proportion to the sum of the amounts received by each 
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State for that fiscal year under parts A, C, and D of 
this title. 
‘‘(3) SPECIAL RULE.—The amount received by 
each State under paragraphs (1) and (2) may not ex-
ceed the amount of State funds expended by the State 
educational agency to administer elementary and sec-
ondary education programs in such State. 
‘‘(j) 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 proportion to the grants received 
by the 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 pur-
pose of assisting local educational agencies and 
schools that were in school improvement status on the 
date preceding the date of the enactment of the No 
Child Left Behind Act of 2001. 
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‘‘(2) REALLOCATIONS.—If a State does not apply 
for funds under this subsection, the Secretary shall re-
allocate such funds to other States in the same pro-
portion funds are allocated under paragraph (1). 
‘‘(3) STATE
APPLICATIONS.—Each State edu-
cational agency that desires to receive funds under 
this subsection shall submit an application to the Sec-
retary at such time, and containing such information 
as the Secretary shall reasonably require, except that 
such requirement shall be waived if a State edu-
cational agency has submitted such information as 
part of its State plan under this part. Each State 
plan shall describe how such funds will be allocated 
to ensure that the State educational agency and local 
educational agencies comply with school improve-
ment, corrective action, and restructuring require-
ments of section 1116. 
‘‘(4) LOCAL EDUCATIONAL AGENCY GRANTS.—A 
grant to a local educational agency under this sub-
section shall be— 
‘‘(A) of sufficient size and scope to support 
the activities required under sections 1116 and 
1117, but not less than $50,000 and not more 
than $500,000 to each participating school; 
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‘‘(B) integrated with funds awarded by the 
State under this Act; and 
‘‘(C) renewable for 2 additional 1-year peri-
ods 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 resources to 
enable the lowest achieving schools to meet the yearly 
progress goals under State and local school improve-
ment, corrective action, and restructuring 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 year-
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ly progress goals under State and local school im-
provement, corrective action, and restructuring plans 
under section 1116. 
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—For 
the purpose of carrying out this subsection, there are 
authorized to be appropriated $500,000,000 for fiscal 
year 2002 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.’’. 
SEC. 103. RESERVATION FOR SCHOOL IMPROVEMENT. 
Section 1003 is amended to read as follows: 
‘‘SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT. 
‘‘(a) STATE RESERVATIONS.—Each State shall reserve 
1 percent of the amount it receives under subpart 2 of part 
A for fiscal years 2002 and 2003, and 3 percent of the 
amount received under such subpart for fiscal years 2004 
through 2006, to carry out subsection (b) and to carry out 
the State’s responsibilities under sections 1116 and 1117, 
including carrying out the State educational agency’s state-
wide system of technical assistance and support for local 
educational agencies. 
‘‘(b) USES.—Of the amount reserved under subsection 
(a) for any fiscal year, the State educational agency shall 
allocate at least 95 percent of that amount directly to local 
educational agencies for schools identified for school im-
provement, corrective action, and restructuring under sec-
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tion 1116(c) that have the greatest need for that assistance 
in amounts sufficient to have a significant impact in im-
proving those schools. 
‘‘(c) PRIORITY.—The State educational agency, in al-
locating funds to local educational agencies under this sec-
tion, shall give priority to local educational agencies that— 
‘‘(1) have the lowest achieving schools; 
‘‘(2) demonstrate the greatest need for such 
funds; and 
‘‘(3) demonstrate the strongest commitment to 
ensuring that such funds are used to enable the lowest 
achieving schools to meet the yearly progress goals 
under section 1116(b)(3)(A)(v). 
‘‘(d) UNUSED FUNDS.—If, after consultation with 
local educational agencies in the State, the State edu-
cational agency determines that the amount of funds re-
served to carry out subsection (b) is greater than the 
amount needed to provide the assistance described in that 
subsection, it may allocate the excess amount to local edu-
cational agencies in accordance with either or both— 
‘‘(1) the relative allocations it made to those 
agencies for that fiscal year under subpart 2 of part 
A; or 
‘‘(2) section 1126(c). 
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‘‘(e) SPECIAL RULE.—Notwithstanding any other pro-
vision of this section, the amount of funds reserved by the 
State under subsection (a) in any given fiscal year shall 
not decrease the amount of State funds each local edu-
cational agency receives below the amount received by such 
agency under subpart 2 in the preceding fiscal year.’’. 
SEC. 104. BASIC PROGRAMS. 
The heading for part A of title I and sections 1111 
through 1115 are amended to read as follows: 
‘‘PART A—IMPROVING BASIC PROGRAMS 
OPERATED BY LOCAL EDUCATIONAL AGENCIES 
‘‘Subpart 1—Basic Program Requirements 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) IN GENERAL.—Any State desiring to receive 
a grant under this part shall submit to the Secretary, 
by March 1, 2002, a plan, developed in consultation 
with local educational agencies, teachers, principals, 
pupil services personnel, administrators (including 
administrators of programs described in other parts 
of this title), other staff, and parents, that satisfies the 
requirements of this section and that is coordinated 
with other programs under this Act, the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et 
seq.), the Carl D. Perkins Vocational and Technical 
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Education Act of 1998 (20 U.S.C. 2301 et seq.), the 
Head Start Act (42 U.S.C. 9831 et seq.), and the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431 et seq.). 
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 8302. 
‘‘(b) ACADEMIC
STANDARDS, ACADEMIC
ASSESS-
MENTS, AND ACCOUNTABILITY.— 
‘‘(1) CHALLENGING ACADEMIC STANDARDS.— 
‘‘(A) Each State plan shall demonstrate 
that the State has adopted challenging academic 
content standards and challenging student aca-
demic achievement standards that will be used 
by the State, its local educational agencies, and 
its schools to carry out this part, except that a 
State shall not be required to submit such stand-
ards to the Secretary. 
‘‘(B) The academic standards required by 
subparagraph (A) shall be the same academic 
standards that the State applies to all schools 
and children in the State. 
‘‘(C) The State shall have such academic 
standards for all public elementary and sec-
ondary school children, including children served 
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under this part, in subjects determined by the 
State, but including at least mathematics, read-
ing or language arts, and science (beginning in 
the 2005–2006 school year), which shall include 
the same knowledge, skills, and levels of achieve-
ment expected of all children. 
‘‘(D) Academic standards under this para-
graph shall include— 
‘‘(i) 
challenging 
academic 
content 
standards in academic subjects that— 
‘‘(I) specify what children are ex-
pected to know and be able to do; 
‘‘(II) contain coherent and rig-
orous content; and 
‘‘(III) encourage the teaching of 
advanced skills; and 
‘‘(ii) challenging student academic 
achievement standards that— 
‘‘(I) are aligned with the State’s 
academic content standards; 
‘‘(II) describe 2 levels of high per-
formance (proficient and advanced) 
that determine how well children are 
mastering the material in the State 
academic content standards; and 
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‘‘(III) describe a third level of per-
formance (basic) to provide complete 
information about the progress of the 
lower 
performing 
children 
toward 
achieving to the proficient and ad-
vanced levels of performance. 
‘‘(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 develop, and has not otherwise developed 
such academic standards, the State plan shall 
describe a strategy for ensuring that students are 
taught the same knowledge and skills in such 
subjects and held to the same expectations as are 
all children. 
‘‘(F) Nothing in this part shall prohibit a 
State from revising any standard adopted under 
this part before or after the date of enactment of 
the No Child Left Behind Act of 2001. 
‘‘(2) ACCOUNTABILITY.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a statewide State accountability 
system that has been or will be effective in ensur-
ing that all local educational agencies, public el-
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ementary schools, and public secondary schools 
make adequate yearly progress as defined under 
subparagraph (B). Each State accountability 
system shall— 
‘‘(i) be based on the academic stand-
ards and academic assessments adopted 
under paragraphs (1) and (4) and take into 
account the performance of all public school 
students; 
‘‘(ii) be the same as the accountability 
system the State uses for all public schools 
or all local educational agencies in the 
State, except that public schools and local 
educational 
agencies 
not 
participating 
under this part are not subject to the re-
quirements of section 1116; and 
‘‘(iii) include rewards and sanctions 
the State will use to hold local educational 
agencies and public schools accountable for 
student achievement and for ensuring that 
they make adequate yearly progress in ac-
cordance with the State’s definition under 
subparagraph (B). 
‘‘(B) ADEQUATE YEARLY PROGRESS.—Each 
State plan shall demonstrate, based on academic 
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assessments described under paragraph (4), what 
constitutes adequate yearly progress of the State, 
and of public schools and local educational agen-
cies in the State, toward enabling all public 
school students to meet the State’s student aca-
demic achievement standards, while working to-
ward the goal of narrowing the achievement gaps 
in the State, local educational agency, and 
school. 
‘‘(C) 
DEFINITION.—‘Adequate 
yearly 
progress’ shall be defined by the State in a man-
ner that— 
‘‘(i) applies the same high academic 
standards of academic performance to all 
public school students in the State; 
‘‘(ii) measures the progress of public 
schools and local educational agencies based 
primarily on the academic assessments de-
scribed in paragraph (4); 
‘‘(iii) measures the student dropout 
rate, as defined for the Common Core of 
Data maintained by the National Center for 
Education Statistics established under sec-
tion 403 of the National Education Statis-
tics Act of 1994 (20 U.S.C. 9002); 
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‘‘(iv) includes separate annual numer-
ical objectives for continuing and signifi-
cant improvement in each of the following 
(except that disaggregation of data under 
subclauses (II) and (III) shall not be re-
quired 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 identi-
fiable information about an individual stu-
dent): 
‘‘(I) The achievement of all public 
school students. 
‘‘(II) The achievement of— 
‘‘(aa) economically disadvan-
taged students; 
‘‘(bb) students from major 
racial and ethnic groups; 
‘‘(cc) students with disabil-
ities; and 
‘‘(dd) students with limited 
English proficiency; 
‘‘(III) solely for the purpose of deter-
mining adequate yearly progress of the 
State, the acquisition of English language 
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proficiency 
by 
children 
with 
limited 
English proficiency; 
‘‘(v) 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 (and for individual local educational 
agencies and schools, the acquisition of 
English language proficiency by children 
with limited English proficiency), except 
that inclusion of such other measures may 
not change which schools or local edu-
cational agencies would otherwise be subject 
to improvement or corrective action under 
section 1116 if the discretionary indicators 
were not included; and 
‘‘(vi) includes a timeline that— 
‘‘(I) uses as a baseline year the 
year following the date of enactment of 
the No Child Left Behind Act of 2001; 
‘‘(II) establishes a target year by 
which all members of each group of 
students described in subclauses (I) 
and (II) of clause (iii) shall meet or 
exceed the State’s proficient level of 
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academic performance on the State 
academic assessment used for the pur-
poses of this section and section 1116, 
except that the target year shall not be 
more than 12 years from the baseline 
year; and 
‘‘(III) for each year until and in-
cluding the target year, establishes an-
nual goals for the academic perform-
ance of each group of students de-
scribed in subclauses (I) and (II) of 
clause (iii) on the State academic as-
sessment that— 
‘‘(aa) indicates a minimum 
percentage of students who must 
meet the proficient level on the 
academic assessment, such that 
the minimum percentage is the 
same for each group of students 
described in subclauses (I) and 
(II) of clause (iii); or 
‘‘(bb) indicates an annual 
minimum amount by which the 
percentage of students who meet 
the proficient level among each 
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group of students described in 
subclauses (I) and (II) of clause 
(iii) shall increase, such that the 
minimum increase for each group 
is equal to or greater than 100 
percent minus the percentage of 
the group meeting the proficient 
level in the baseline year divided 
by the number of years from the 
baseline year to the target year es-
tablished under clause (I). 
‘‘(D) 
ANNUAL
IMPROVEMENT
FOR 
SCHOOLS.—For a school to make adequate yearly 
progress under subparagraph (A), not less than 
95 percent of each group of students described in 
subparagraph (C)(iii)(II) who are enrolled in the 
school are required to take the academic assess-
ments, consistent with section 612(a)(17)(A) of 
the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(a)(17)(A)) and paragraph 
(4)(G)(ii), on which adequate yearly progress is 
based. 
‘‘(E) PUBLIC NOTICE AND COMMENT.—Each 
State shall ensure that in developing its plan, it 
diligently seeks public comment from a range of 
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institutions and individuals in the State with 
an interest 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. 
‘‘(3) STATE AUTHORITY.—If a State educational 
agency provides evidence, which is satisfactory to the 
Secretary, that neither the State educational agency 
nor any other State government official, agency, or 
entity has sufficient authority, under State law, to 
adopt curriculum content and student academic 
achievement standards, and academic assessments 
aligned with such academic standards, which will be 
applicable to all students enrolled in the State’s pub-
lic schools, then the State educational agency may 
meet the requirements of this subsection by— 
‘‘(A) adopting academic standards and aca-
demic assessments that meet the requirements of 
this subsection, on a statewide basis, limiting 
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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 aca-
demic achievement standards, and academic as-
sessments aligned with such standards, which 
meet all of the criteria in this subsection and 
any regulations 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) ACADEMIC
ASSESSMENTS.—Each State 
plan shall demonstrate that the State has imple-
mented a set of high-quality, yearly student academic 
assessments that include, at a minimum, academic 
assessments in mathematics, and reading or language 
arts, that will be used as the primary means of deter-
mining the yearly performance of the State and of 
each local educational agency and school in enabling 
all children to meet the State’s challenging student 
academic achievement standards. Such assessments 
shall— 
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‘‘(A) be the same academic assessments used 
to measure the performance of all children; 
‘‘(B) be aligned with the State’s challenging 
content and student academic achievement 
standards and provide coherent information 
about student attainment of such standards; 
‘‘(C) be used for purposes for which such as-
sessments are valid and reliable, and be con-
sistent with relevant, recognized professional and 
technical standards for such assessments; 
‘‘(D) for the purposes of this part, be scored 
to ensure the performance of each student is eval-
uated solely against the State’s challenging aca-
demic content standards and not relative to the 
score of other students; 
‘‘(E) except as otherwise provided for grades 
3 through 8 under subparagraph (G), measure 
the proficiency of students in, at a minimum, 
mathematics and reading or language arts, and 
be administered not less than once during— 
‘‘(i) grades 3 through 5; 
‘‘(ii) grades 6 through 9; and 
‘‘(iii) grades 10 through 12; 
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‘‘(F) involve multiple up-to-date measures 
of student achievement, including measures that 
assess critical thinking skills and understanding; 
‘‘(G) beginning not later than school year 
2004-2005, measure the performance of students 
against the challenging State content and stu-
dent academic achievement standards in each of 
grades 3 through 8 in, at a minimum, mathe-
matics, and reading or language arts, except that 
the Secretary may provide the State 1 additional 
year if the State demonstrates that exceptional 
or uncontrollable circumstances, such as a nat-
ural disaster or a precipitous and unforeseen de-
cline in the financial resources of the State, pre-
vented full implementation of the academic as-
sessments by that deadline and that it will com-
plete implementation within the additional 1- 
year period; 
‘‘(H) 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 Individuals 
with Disabilities Education Act (20 U.S.C. 
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1401(3)) necessary to measure the achieve-
ment of such students relative to State con-
tent and State student academic achieve-
ment standards; 
‘‘(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 reli-
able information on what such students 
know and can do in content areas; 
‘‘(iv) notwithstanding clause (iii), the 
academic assessment (using tests written in 
English) of reading or language arts of any 
student who has attended school in the 
United States (not including Puerto Rico) 
for 3 or more consecutive school years, ex-
cept if the local educational agency deter-
mines, on a case-by-case individual basis, 
that academic assessments in another lan-
guage and form would likely yield more ac-
curate and reliable information on what 
such students know and can do, the local 
educational agency may assess such stu-
dents in the appropriate language other 
than English for 1 additional year; 
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‘‘(I) 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 deter-
mining the progress of the local educational 
agency; 
‘‘(J) produce individual student reports to 
be provided to parents, which include academic 
assessment scores, or other information on the at-
tainment of student academic achievement 
standards; and 
‘‘(K) enable results to be disaggregated with-
in 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.—Academic 
assessment 
measures in addition to those in paragraph (4) that 
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do not meet the requirements of such paragraph may 
be included as additional measures, but may not be 
used in lieu of the academic assessments required in 
paragraph (4). Results on any additional measures 
under this paragraph shall not change which schools 
or local educational agencies would otherwise be sub-
ject to improvement or corrective action under section 
1116 if the additional measures were not included. 
‘‘(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 academic assessments are not available and 
are needed. The State shall make every effort to de-
velop such assessments and may request assistance 
from the Secretary if linguistically accessible aca-
demic assessment measures are needed. Upon request, 
the Secretary shall assist with the identification of 
appropriate academic assessment measures in the 
needed languages, but shall not mandate a specific 
academic assessment or mode of instruction. 
‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LAN-
GUAGE PROFICIENCY.—Each State plan shall dem-
onstrate that local educational agencies in the State 
will, beginning no later than school year 2002–2003, 
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annually assess the English proficiency of all students 
with limited English proficiency in their schools. 
‘‘(8) REQUIREMENT.—Each State plan shall de-
scribe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and school 
affected by the State plan to develop the capacity 
to comply with each of the requirements of sec-
tions 1112(c)(1)(D), 1114(c), and 1115(c) that is 
applicable to such agency or school; 
‘‘(B) how the State educational agency will 
assist each local educational agency and school 
affected by the State plan to provide additional 
educational assistance to individual students as-
sessed as needing help to achieve the State’s chal-
lenging academic standards. 
‘‘(C) such other factors as the State con-
siders appropriate to provide students an oppor-
tunity to achieve the knowledge and skills de-
scribed in the challenging academic content 
standards adopted by the State. 
‘‘(9) USE OF ACADEMIC ASSESSMENT RESULTS 
TO
IMPROVE
STUDENT
ACHIEVEMENT.—Each State 
plan shall describe how the State will ensure that the 
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results of the State assessments described in para-
graph (4)— 
‘‘(A) will be provided promptly, but not 
later than the end of the school year (consistent 
with 1116, to local educational agencies, schools, 
and teachers in a manner that is clear and easy 
to understand; and 
‘‘(B) be used by those local educational 
agencies, schools, and teachers to improve the 
educational achievement of individual students. 
‘‘(10) TECHNICAL ASSISTANCE ON ACADEMIC AS-
SESSMENT REQUIREMENTS.—The Secretary shall pro-
vide technical assistance to interested States regard-
ing how to meet the requirements of paragraph (4). 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND 
LEARNING.—Each State plan shall contain assurances 
that— 
‘‘(1) the State shall produce, beginning with the 
2003–2004 school year, the annual State report cards 
described in subsection (h)(1); 
‘‘(2) the State will participate, beginning in 
school year 2002–2003, in annual academic assess-
ments of 4th and 8th grade reading and mathematics 
under— 
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‘‘(A) the State National Assessment of Edu-
cational Progress carried out under section 
411(b)(2) of the National Education Statistics 
Act of 1994 (20 U.S.C. 9010(b)(2)); or 
‘‘(B) another academic assessment selected 
by the State which meets the criteria of section 
7101(b)(1)(B)(ii) of this Act; 
‘‘(3) the State educational agency shall work 
with other agencies, including educational service 
agencies or other local consortia, and institutions to 
provide technical assistance to local educational agen-
cies and schools to carry out the State educational 
agency’s responsibilities under this part, including 
technical assistance in providing professional develop-
ment under section 1119A and technical assistance 
under section 1117; and 
‘‘(4)(A) where educational service agencies exist, 
the State educational agency shall consider providing 
professional development and technical assistance 
through such agencies; and 
‘‘(B) where educational service agencies do not 
exist, the State educational agency shall consider pro-
viding professional development and technical assist-
ance through other cooperative agreements such as 
through a consortium of local educational agencies; 
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‘‘(5) the State educational agency shall notify 
local educational agencies and the public of the con-
tent and student academic achievement standards and 
academic assessments developed under this section, 
and of the authority to operate schoolwide programs, 
and will fulfill the State educational agency’s respon-
sibilities regarding local educational agency improve-
ment and school improvement under section 1116, in-
cluding such corrective actions as are necessary; 
‘‘(6) the State educational agency shall provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this part; 
‘‘(7) the State educational agency shall inform 
the Secretary and the public of how Federal laws, if 
at all, hinder the ability of States to hold local edu-
cational agencies and schools accountable for student 
academic performance; 
‘‘(8) the State educational agency will encourage 
schools to consolidate funds from other Federal, State, 
and local sources for schoolwide reform in schoolwide 
programs under section 1114; 
‘‘(9) the State educational agency shall modify 
or eliminate State fiscal and accounting barriers so 
that schools can easily consolidate funds from other 
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Federal, State, and local sources for schoolwide pro-
grams under section 1114; 
‘‘(10) the State educational agency has involved 
the committee of practitioners established under sec-
tion 1603(b) in developing the plan and monitoring 
its implementation; 
‘‘(11) the State educational agency shall inform 
local educational agencies of the local educational 
agency’s authority to transfer funds under title VII, 
to obtain waivers under title VIII and, if the State 
is an Ed-Flex Partnership State, to obtain waivers 
under the Education Flexibility Partnership Act of 
1999 (20 U.S.C. 5891a et seq.); and 
‘‘(12) the State educational agency shall encour-
age local educational agencies and individual schools 
participating in a program assisted under this part 
to offer family literacy services (using funds under 
this part), if the agency or school determines that a 
substantial number of students served under this part 
by the agency or school have parents who do not have 
a high school diploma or its recognized equivalent or 
who have low levels of literacy. 
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.— 
The Secretary shall— 
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‘‘(1) establish a peer review process to assist in 
the review of State plans; 
‘‘(2) approve a State plan within 120 days of its 
submission unless the Secretary determines that the 
plan does not meet the requirements of this section; 
‘‘(3) 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 deter-
mination and the reasons for such determination; 
‘‘(4) not decline to approve a State’s plan be-
fore— 
‘‘(A) offering the State an opportunity to 
revise its plan; 
‘‘(B) providing technical assistance in order 
to assist the State to meet the requirements 
under subsections (a), (b), and (c); and 
‘‘(C) providing a hearing; and 
‘‘(5) have the authority to disapprove a State 
plan for not meeting the requirements of this part, 
but shall not have the authority to require a State, 
as a condition of approval of the State plan, to in-
clude in, or delete from, such plan 1 or more specific 
elements of the State’s academic content standards or 
to use specific academic assessment instruments or 
items. 
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‘‘(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 No Child Left Behind Act of 
2001; 
‘‘(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 or revised State academic content 
standards and State student achievement standards, 
new academic assessments, or a new definition of ade-
quate yearly progress, the State shall submit such in-
formation to the Secretary. 
‘‘(f) LIMITATION ON CONDITIONS.—Officers and em-
ployees of the Federal Government are prohibited from 
mandating, directing, or controlling a State, local edu-
cational agency, or school’s specific instructional content or 
student academic achievement standards and academic as-
sessments, curriculum, or program of instruction, as a con-
dition of eligibility to receive funds under this part. 
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‘‘(g) PENALTIES.— 
‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN 
1994.— 
‘‘(A) IN GENERAL.—If a State fails to meet 
the deadlines established by the Improving Amer-
ica’s Schools Act of 1994 (or under any waiver 
granted by the Secretary or under any compli-
ance agreement with the Secretary) for dem-
onstrating that it has in place challenging aca-
demic content standards and student achieve-
ment standards, and a system for measuring and 
monitoring adequate yearly progress, the Sec-
retary shall withhold 25 percent of the funds that 
would otherwise be available for State adminis-
tration and activities in each year until the Sec-
retary determines that the State meets those re-
quirements; 
‘‘(B) NO EXTENSION.—The Secretary shall 
not grant any additional waivers of, or enter 
into any additional compliance agreements to 
extend, the deadlines described in subparagraph 
(A) for any State. 
‘‘(2) FAILURE
TO
MEET
REQUIREMENTS
EN-
ACTED IN 2001.—If a State fails to meet any of the 
requirements of this section, other than the require-
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ments described in paragraph (1), the Secretary may 
withhold funds for State administration until the 
Secretary determines that the State has fulfilled those 
requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—Not later than the be-
ginning of the 2003–2004 school year, a State 
that receives assistance under this Act shall pre-
pare and disseminate an annual State report 
card. 
‘‘(B) IMPLEMENTATION.—The State report 
card 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. 
‘‘(C) PUBLIC
DISSEMINATION.—The State 
shall widely disseminate the information de-
scribed in subparagraph (D) to all schools and 
local educational agencies in the State and make 
the information broadly available through public 
means, such as posting on the Internet, distribu-
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tion to the media, and distribution through pub-
lic agencies. 
‘‘(D) REQUIRED INFORMATION.—The State 
shall include in its annual State report card— 
‘‘(i) information, in the aggregate, on 
student achievement at each proficiency 
level on the State academic assessments de-
scribed 
in 
subsection 
(b)(4)(F) 
(disaggregated by race, ethnicity, gender, 
disability status, migrant status, English 
proficiency, and status as economically dis-
advantaged, except that such disaggregation 
shall not be required in a case in which the 
number of students in a category is insuffi-
cient to yield statistically reliable informa-
tion or the results would reveal individually 
identifiable information about an indi-
vidual student); 
‘‘(ii) the percentage of students not 
tested (disaggregated by the same categories 
and subject to the same exception described 
in clause (i)); 
‘‘(iii) the percentage of students who 
graduate from high school within 4 years of 
starting high school; 
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‘‘(iv) the percentage of students who 
take and complete advanced placement 
courses as compared to the population of the 
students eligible to take such courses, and 
the rate of passing of advanced placement 
tests; 
‘‘(v) the professional qualifications of 
teachers in the aggregate, including the per-
centage of teachers teaching with emergency 
or provisional qualifications, and the per-
centage of class sections not taught by fully 
qualified teachers; and 
‘‘(vi) such other information (such as 
dropout and school attendance rates; and 
average class size by grade level) as the 
State believes will best provide parents, stu-
dents, and other members of the public with 
information on the progress of each of the 
State’s public schools. 
‘‘(2) CONTENT OF LOCAL EDUCATIONAL AGENCY 
REPORT CARDS.— 
‘‘(A) MINIMUM REQUIREMENTS.—The State 
shall ensure that each local educational agency 
collects appropriate data and includes in its an-
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nual report for each of its schools, at a min-
imum— 
‘‘(i) the information described in para-
graph (1)(D) for each local educational 
agency and school; and 
‘‘(ii)(I) in the case of a local edu-
cational agency— 
‘‘(aa) the number and percentage 
of schools identified for school improve-
ment and how long they have been so 
identified, including schools identified 
under section 1116(c) of this Act; and 
‘‘(bb) information that shows how 
students in its schools perform on the 
statewide academic assessment com-
pared to students in the State as a 
whole; and 
‘‘(II) in the case of a school— 
‘‘(aa) whether it has been identi-
fied for school improvement; and 
‘‘(bb) information that shows how 
its students performed on the statewide 
academic assessment compared to stu-
dents in the local educational agency 
and the State as a whole. 
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‘‘(B) OTHER INFORMATION.—A local edu-
cational agency may include in its annual re-
ports any other appropriate information whether 
or not such information is included in the an-
nual State report. 
‘‘(C) PUBLIC
DISSEMINATION.—The local 
educational agency shall, not later than the be-
ginning of the 2003–2004 school year, publicly 
disseminate the information described in this 
paragraph to all schools in the district and to all 
parents of students attending those schools (to the 
extent practicable, in a language they can under-
stand), and make the information broadly avail-
able through public means, such as posting on 
the Internet, distribution to the media, and dis-
tribution through public agencies. 
‘‘(3) PRE-EXISTING REPORT CARDS.—A State or 
local educational agency that was providing public 
report cards on the performance of students, schools, 
local educational agencies, or the State prior to the 
enactment of the No Child Left Behind Act of 2001 
may use those reports for the purpose of this sub-
section, so long as any such report is modified, as 
may be needed, to contain the information required 
by this subsection. 
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‘‘(4) ANNUAL
STATE
REPORT
TO
THE
SEC-
RETARY.—Each State receiving assistance under this 
Act shall report annually to the Secretary, and make 
widely available within the State— 
‘‘(A) beginning with school year 2001–2002, 
information on the State’s progress in developing 
and implementing the academic assessment sys-
tem described in subsection (b)(4); 
‘‘(B) beginning not later than school year 
2004–2005, information on the achievement of 
students on the academic assessments required by 
that subsection, including the disaggregated re-
sults for the categories of students identified in 
subsection (b)(2)(C)(iii)(II); 
‘‘(C) beginning not later than school year 
2002–2003, information on the acquisition of 
English proficiency by children with limited 
English proficiency; and 
‘‘(D) in any year before the State begins to 
provide the information described in subpara-
graph (B), information on the results of student 
academic assessments (including disaggregated 
results) required under this section. 
‘‘(5) PARENTS RIGHT-TO-KNOW.— 
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‘‘(A) QUALIFICATIONS.—At the beginning of 
each school year, a local educational agency that 
receives funds under this part shall notify the 
parents of each student attending any school re-
ceiving funds under this part that they may re-
quest, and shall provide the parents upon request 
(and in a timely manner), information regard-
ing the professional qualifications of the stu-
dent’s classroom teachers, including, at a min-
imum, the following: 
‘‘(i) Whether the teacher has met State 
qualification and licensing criteria for the 
grade levels and subject areas in which the 
teacher provides instruction. 
‘‘(ii) Whether the teacher is teaching 
under emergency or other provisional status 
through which State qualification or licens-
ing 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 certification or 
degree. 
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‘‘(iv) Whether the child is provided 
services by paraprofessionals and if so, their 
qualifications. 
‘‘(B) ADDITIONAL INFORMATION.—In addi-
tion to the information which parents may re-
quest under subparagraph (A), a school which 
receives funds under this part shall provide to 
each individual parent— 
‘‘(i) information on the level of per-
formance of the individual student for 
whom they are the parent in each of the 
State academic assessments as required 
under this part; and 
‘‘(ii) timely notice that the student for 
whom they are the parent has been as-
signed, or has been taught for 4 or more 
consecutive weeks by, a teacher who is not 
fully qualified. 
‘‘(C) FORMAT.—The notice and information 
provided to parents under this paragraph shall 
be in an understandable and uniform format 
and, to the extent practicable, provided in a lan-
guage that the parents can understand. 
‘‘(6) PLAN CONTENT.—A State shall include in 
its plan under subsection (b) an assurance that it has 
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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. 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this part for any fiscal 
year only if such agency has on file with the State 
educational agency a plan, approved by the State 
educational agency, that is coordinated with other 
programs under this Act, the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et seq.), the 
Carl D. Perkins Vocational and Technical Education 
Act of 1998 (20 U.S.C. 2301 et seq.), the Head Start 
Act (42 U.S.C. 9831 et seq.), the McKinney-Vento 
Homeless Assistance Act, and other Acts, as appro-
priate. 
‘‘(2) CONSOLIDATED
APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 8305. 
‘‘(b) PLAN PROVISIONS.—In order to help low achiev-
ing children achieve high academic standards, each local 
educational agency plan shall include— 
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‘‘(1) a description of additional high-quality stu-
dent academic assessments, if any, other than the aca-
demic assessments described in the State plan under 
section 1111, that the local educational agency and 
schools served under this part will use to— 
‘‘(A) determine the success of children served 
under this part in meeting the State’s student 
academic achievement standards and provide in-
formation to teachers, parents, and students on 
the progress being made toward meeting the 
State student academic achievement standards 
described in section 1111(b)(1)(D)(ii); 
‘‘(B) assist in diagnosis, teaching, and 
learning in the classroom in ways that best en-
able low-achieving children served under this 
title to meet State academic standards and do 
well in the local curriculum; and 
‘‘(C) determine what revisions are needed to 
projects under this title so that such children 
meet the State’s student academic achievement 
standards; 
‘‘(2) at the local educational agency’s discretion, 
a description of any other indicators that will be used 
in addition to the academic assessments described in 
paragraph (1) for the uses described in such para-
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graph, except that results on any discretionary indi-
cators shall not change which schools would otherwise 
be subject to improvement of corrective action under 
section 1118 if the additional measures are not in-
cluded; 
‘‘(3) a description of how the local educational 
agency will provide additional educational assistance 
to individual students assessed as needing help to 
achieve the State’s challenging academic standards; 
‘‘(4) a description of the strategy the local edu-
cational agency will use to provide professional devel-
opment for teachers, and, if appropriate, pupil serv-
ices personnel, administrators, parents and other 
staff, including local educational agency level staff in 
accordance with section 1119A; 
‘‘(5) a description of how the local educational 
agency will coordinate and integrate services provided 
under this part with other educational services at the 
local educational agency or individual school level, 
such as— 
‘‘(A) Even Start, Head Start, Reading 
First, Early Reading First, and other preschool 
programs, including plans for the transition of 
participants in such programs to local elemen-
tary school programs; and 
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‘‘(B) services for children with limited 
English proficiency or with disabilities, migra-
tory children served under part C, neglected or 
delinquent youth, Indian children served under 
part B of title III, homeless children, and immi-
grant children in order to increase program ef-
fectiveness, eliminate duplication, and reduce 
fragmentation of the instructional program; 
‘‘(6) an assurance that the local educational 
agency will participate, if selected, in the State Na-
tional Assessment of Educational Progress in 4th and 
8th grade reading and mathematics carried out under 
section 411(b)(2) of the Education Statistics Act of 
1994 (20 U.S.C. 9010(b)(2)), or in another academic 
assessment pursuant to the State decision under sec-
tion 7101(b)(1)(B)(ii); 
‘‘(7) a description of the poverty criteria that 
will be used to select school attendance areas under 
section 1113; 
‘‘(8) a description of how teachers, in consulta-
tion with parents, administrators, and pupil services 
personnel, in targeted assistance schools under section 
1115, will identify the eligible children most in need 
of services under this part; 
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‘‘(9) a general description of the nature of the 
programs to be conducted by such agency’s schools 
under sections 1114 and 1115 and, where appro-
priate, educational services outside such schools for 
children living in local institutions for neglected or 
delinquent children, for neglected and delinquent chil-
dren in community day school programs, and for 
homeless children; 
‘‘(10) a description of how the local educational 
agency will ensure that migratory children and for-
merly migratory children who are eligible to receive 
services under this part are selected to receive such 
services on the same basis as other children who are 
selected to receive services under this part; 
‘‘(11) if appropriate, a description of how the 
local educational agency will use funds under this 
part to support preschool programs for children, par-
ticularly children participating in Early Reading 
First, or in a Head Start or Even Start program, 
which services may be provided directly by the local 
educational agency or through a subcontract with the 
local Head Start agency designated by the Secretary 
of Health and Human Services under section 641 of 
the Head Start Act (42 U.S.C. 9836), agencies oper-
ating Even Start programs, Early Reading First, or 
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another comparable public early childhood develop-
ment program; 
‘‘(12) 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; 
‘‘(13) a description of the actions the local edu-
cational agency will take to implement public school 
choice, consistent with the requirements of section 
1116; 
‘‘(14) a description how the local educational 
agency will meet the requirements of section 
1119(b)(1); and 
‘‘(15) a description of the services the local edu-
cational agency will provide homeless children, in-
cluding services provided with funds reserved under 
section 1113(f)(3)(A). 
‘‘(c) ASSURANCES.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy plan shall provide assurances that the local edu-
cational agency will— 
‘‘(A) inform eligible schools and parents of 
schoolwide program authority and the ability of 
such schools to consolidate funds from Federal, 
State, and local sources; 
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‘‘(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 im-
plement such plans or undertake activities pur-
suant to section 1115 so that each school can 
make adequate yearly progress toward meeting 
the State student academic achievement stand-
ards; 
‘‘(D) fulfill such agency’s school improve-
ment responsibilities under section 1116, includ-
ing taking corrective actions under paragraphs 
(6) and (7) of section 1116(b); 
‘‘(E) provide services to eligible children at-
tending 
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-
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liest grades at schools that receive funds under 
this part; 
‘‘(G) in the case of a local educational agen-
cy 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 com-
ply with the academic achievement standards es-
tablished under section 641A(a) of the Head 
Start Act (42 U.S.C. 9836a(a)); 
‘‘(H) comply with the requirements of sec-
tion 1119 regarding the qualifications of teachers 
and paraprofessionals; 
‘‘(I) inform eligible schools of the local edu-
cational agency’s authority to obtain waivers on 
the school’s behalf under title VIII of this Act, 
and if the State is an Ed-Flex Partnership 
State, to obtain waivers under the Education 
Flexibility Partnership Act of 1999; and 
‘‘(J) coordinate and collaborate, to the ex-
tent feasible and necessary as determined by the 
local educational agency, with other agencies 
providing services to children, youth, and fami-
lies. 
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‘‘(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 implementa-
tion of such subparagraph and shall establish 
procedures (taking into consideration existing 
State and local laws, and local teacher contracts) 
to assist local educational agencies to comply 
with such subparagraph; and 
‘‘(B) shall disseminate to local educational 
agencies the Head Start academic achievement 
standards as in effect under section 641A(a) of 
the Head Start Act (42 U.S.C. 9836a(a)), and 
such agencies affected by such subparagraph 
shall plan for the implementation of such sub-
paragraph (taking into consideration existing 
State and local laws, and local teacher con-
tracts), including pursuing the availability of 
other Federal, State, and local funding sources to 
assist in compliance with such subparagraph. 
‘‘(3) INAPPLICABILITY.—The provisions of this 
subsection shall not apply to preschool programs 
using the Even Start model or to Even Start pro-
grams which are expanded through the use of funds 
under this part. 
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‘‘(d) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, principals, administrators (including ad-
ministrators 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 No 
Child Left Behind Act of 2001 and shall remain in 
effect for the duration of the agency’s participation 
under this part. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review, and as necessary, revise its 
plan. 
‘‘(e) STATE APPROVAL.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy plan shall be filed according to a schedule estab-
lished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
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‘‘(A) enables schools served under this part 
to substantially help children served under this 
part meet the academic standards expected of all 
children described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this section. 
‘‘(f) PROGRAM
RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility 
of schools, teachers, and the local educational agency in 
making decisions regarding activities under sections 1114 
and 1115. 
‘‘(g) PARENTAL NOTIFICATION
AND CONSENT
FOR 
ENGLISH LANGUAGE INSTRUCTION.— 
‘‘(1) NOTIFICATION.—If a local educational 
agency uses funds under this part to provide English 
language instruction to limited English proficient 
children, the agency shall inform a parent or the par-
ents of a child participating in an English language 
instruction program for limited English proficient 
children assisted under this part of— 
‘‘(A) the reasons for the identification of the 
child as being in need of English language in-
struction; 
‘‘(B) the child’s level of English proficiency, 
how such level was assessed, and the status of the 
child’s academic achievement; 
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‘‘(C) how the English language instruction 
program will specifically help the child acquire 
English and meet age-appropriate academic 
standards for grade promotion and graduation; 
‘‘(D) what the specific exit requirements are 
for the program; 
‘‘(E) the expected rate of transition from the 
program into a classroom that is not tailored for 
limited English proficient children; and 
‘‘(F) the expected rate of graduation from 
high school for students in the program if funds 
under this part are used for children in sec-
ondary schools. 
‘‘(2) CONSENT.— 
‘‘(A) AGENCY REQUIREMENTS.— 
‘‘(i) INFORMED CONSENT.—For a child 
who has been identified as limited English 
proficient prior to the beginning of a school 
year, each local educational agency that re-
ceives funds under this part shall make a 
reasonable and substantial effort to obtain 
informed parental consent prior to the 
placement of a child in an English lan-
guage instruction program for limited 
English proficient children funded under 
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this part if the program does not include 
classes which exclusively or almost exclu-
sively use the English language in instruc-
tion. 
‘‘(ii) WRITTEN
CONSENT
NOT
OB-
TAINED.—If written consent is not obtained, 
the local educational agency shall maintain 
a written record that includes the date and 
the manner in which such informed consent 
was sought, including the specific efforts 
made to obtain such consent. 
‘‘(iii) PROOF OF EFFORT.—Notice, in 
an understandable form, of specific efforts 
made to obtain written consent and a copy 
of the written record required in clause (ii) 
shall be mailed or delivered in writing to a 
parent, parents, or guardian of a child 
prior to placing the child in a program de-
scribed in clause (i) and shall include a 
final request for parental consent for such 
services. After such notice has been mailed 
or delivered in writing, the local edu-
cational agency shall provide appropriate 
educational services. 
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‘‘(iv) SPECIAL RULE APPLICABLE DUR-
ING SCHOOL YEAR.—For those children who 
have not been identified as limited English 
proficient prior to the beginning of the 
school year, the local educational agency 
shall make a reasonable and substantial ef-
fort to obtain parental consent under this 
clause. For such children, the agency shall 
document, in writing, its specific efforts 
made to obtain such consent prior to plac-
ing the child in a program described in 
clause (i). After such documentation has 
been made, the local educational agency 
shall provide appropriate educational serv-
ices to such child. The proof of documenta-
tion shall be mailed or delivered in writing 
to a parent or parents of the child in a 
timely manner and shall include informa-
tion on how to have their child immediately 
removed from the program upon their re-
quest. Nothing in this clause shall be con-
strued as exempting a local educational 
agency from complying with the notifica-
tion requirements of subsection (g)(1) and 
the consent requirements of this paragraph. 
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‘‘(3) PARENTAL RIGHTS.—A parent or the par-
ents of a child participating in an English language 
instruction program for limited English proficient 
children assisted under this part shall— 
‘‘(A) select among methods of instruction, if 
more than one method is offered in the program; 
and 
‘‘(B) have the right to have their child im-
mediately removed from the program upon their 
request. 
‘‘(4) RECEIPT OF INFORMATION.—A parent or 
the parents of a limited English proficient child who 
is identified for participation in an English language 
instruction program for limited English proficient 
children assisted under this part shall receive, in a 
manner and form understandable to the parent or 
parents, the information required by this subsection. 
At a minimum, the parent or parents shall receive— 
‘‘(A) timely information about English lan-
guage instruction programs for limited English 
proficient children assisted under this part; 
‘‘(B) if a parent or parents of a partici-
pating child so desires, notice of opportunities 
for regular meetings for the purpose of formu-
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lating and responding to recommendations from 
the parent or parents; and 
‘‘(C) procedural information for removing a 
child from a program for limited English pro-
ficient children. 
‘‘(5) BASIS
FOR
ADMISSION
OR
EXCLUSION.— 
Students shall not be admitted to, or excluded from, 
any federally-assisted education program on the basis 
of a surname or language-minority status. 
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
‘‘(a) DETERMINATION.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall use funds received under this part only in eligi-
ble school attendance areas. 
‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.— 
For the purposes of this part— 
‘‘(A) the term ‘school attendance area’ 
means, in relation to a particular school, the 
geographical area in which the children who are 
normally served by that school reside; and 
‘‘(B) the term ‘eligible school attendance 
area’ means a school attendance area in which 
the percentage of children from low-income fami-
lies is at least as high as the percentage of chil-
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dren from low-income families in the local edu-
cational agency as a whole. 
‘‘(3) LOCAL
EDUCATIONAL
AGENCY
DISCRE-
TION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2), a local educational agency may— 
‘‘(i) designate as eligible any school at-
tendance area or school in which at least 35 
percent of the children are from low-income 
families; 
‘‘(ii) use funds received under this part 
in a school that is not in an eligible school 
attendance area, if the percentage of chil-
dren from low-income families enrolled in 
the school is equal to or greater than the 
percentage of such children in a partici-
pating school attendance area of such agen-
cy; 
‘‘(iii) designate and serve a school at-
tendance area or school that is not eligible 
under subsection (b), but that was eligible 
and that was served in the preceding fiscal 
year, but only for 1 additional fiscal year; 
and 
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‘‘(iv) elect not to serve an eligible 
school attendance area or eligible school that 
has a higher percentage of children from 
low-income families if— 
‘‘(I) the school meets the com-
parability 
requirements 
of 
section 
1120A(c); 
‘‘(II) the school is receiving sup-
plemental funds from other State or 
local sources that are spent according 
to the requirements of section 1114 or 
1115; and 
‘‘(III) the funds expended from 
such other sources equal or exceed the 
amount that would be provided under 
this part. 
‘‘(B) SPECIAL RULE.—Notwithstanding sub-
paragraph (A)(iv), the number of children at-
tending 
private 
elementary 
and 
secondary 
schools who are to receive services, and the assist-
ance such children are to receive under this part, 
shall be determined without regard to whether 
the public school attendance area in which such 
children reside is assisted under subparagraph 
(A). 
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‘‘(b) RANKING ORDER.—If funds allocated in accord-
ance with subsection (f) are insufficient to serve all eligible 
school attendance areas, a local educational agency— 
‘‘(1) shall annually rank from highest to lowest 
according to the percentage of children from low-in-
come families in each agency’s eligible school attend-
ance areas in the following order— 
‘‘(A) eligible school attendance areas in 
which the concentration of children from low-in-
come families exceeds 75 percent; and 
‘‘(B) all remaining eligible school attend-
ance areas in which the concentration of children 
from low-income families is 75 percent or lower 
either by grade span or for the entire local edu-
cational agency; 
‘‘(2) shall, within each category listed in para-
graph (1), serve schools in rank order from highest to 
lowest according to the ranking assigned under para-
graph (1); 
‘‘(3) notwithstanding paragraph (2), may give 
priority, within each such category and in rank order 
from highest to lowest subject to paragraph (4), to eli-
gible school attendance areas that serve children in el-
ementary schools; and 
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‘‘(4) not serve a school described in paragraph 
(1)(B) before serving a school described in paragraph 
(1)(A). 
‘‘(c) LOW-INCOME MEASURES.—In determining the 
number of children ages 5 through 17 who are from low- 
income families, the local educational agency shall apply 
the measures described in paragraphs (1) and (2) of this 
subsection: 
‘‘(1) ALLOCATION TO PUBLIC SCHOOL ATTEND-
ANCE AREAS.—The local educational agency shall use 
the same measure of poverty, which measure shall be 
the number of children ages 5 through 17 in poverty 
counted in the most recent census data approved by 
the Secretary, the number of children eligible for free 
and reduced priced lunches under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 
et seq.), the number of children in families receiving 
assistance under the State program funded under 
part A of title IV of the Social Security Act, or the 
number of children eligible to receive medical assist-
ance under the Medicaid program, or a composite of 
such indicators, with respect to all school attendance 
areas in the local educational agency— 
‘‘(A) to identify eligible school attendance 
areas; 
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‘‘(B) to determine the ranking of each area; 
and 
‘‘(C) to determine allocations under sub-
section (f). 
‘‘(2) ALLOCATION FOR EQUITABLE SERVICE TO 
PRIVATE SCHOOL STUDENTS.— 
‘‘(A) CALCULATION.—A local educational 
agency shall have the final authority, consistent 
with section 1120 to calculate the number of pri-
vate 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 students and al-
lowing such survey results to be extrapo-
lated if complete actual data are not avail-
able; 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 chil-
dren who reside in that attendance area. 
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‘‘(B) COMPLAINT
PROCESS.—Any dispute 
regarding low-income data on private school stu-
dents shall be subject to the complaint process 
authorized in section 8505. 
‘‘(d) EXCEPTION.—This section (other than subsections 
(a)(3) and (f)) shall not apply to a local educational agency 
with a total enrollment of less than 1,500 children. 
‘‘(e) WAIVER FOR DESEGREGATION PLANS.—The Sec-
retary may approve a local educational agency’s written 
request for a waiver of the requirements of subsections (a) 
and (f), and permit such agency to treat as eligible, and 
serve, any school that children attend under a desegregation 
plan ordered by a State or court or approved by the Sec-
retary, or such a plan that the agency continues to imple-
ment after it has expired, if— 
‘‘(1) the number of economically disadvantaged 
children enrolled in the school is not less than 25 per-
cent of the school’s total enrollment; and 
‘‘(2) the Secretary determines on the basis of a 
written request from such agency and in accordance 
with such criteria as the Secretary establishes, that 
approval of that request would further the purposes of 
this part. 
‘‘(f) ALLOCATIONS.— 
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‘‘(1) IN GENERAL.—A local educational agency 
shall allocate funds received under this part to eligible 
school attendance areas or eligible schools, identified 
under subsection (b) in rank order on the basis of the 
total number of children from low-income families in 
each area or school. 
‘‘(2) SPECIAL RULE.—(A) Except as provided in 
subparagraph (B), the per-pupil amount of funds al-
located to each school attendance area or school under 
paragraph (1) shall be at least 125 percent of the per- 
pupil amount of funds a local educational agency re-
ceived for that year under the poverty criteria de-
scribed by the local educational agency in the plan 
submitted under section 1112, except that this para-
graph shall not apply to a local educational agency 
that only serves schools in which the percentage of 
such children is 35 percent or greater. 
‘‘(B) A local educational agency may reduce the 
amount of funds allocated under subparagraph (A) 
for a school attendance area or school by the amount 
of any supplemental State and local funds expended 
in that school attendance area or school for programs 
that meet the requirements of section 1114 or 1115. 
‘‘(3) RESERVATION.—A local educational agency 
shall reserve such funds as are necessary under this 
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part to provide services comparable to those provided 
to children in schools funded under this part to 
serve— 
‘‘(A) homeless children who do not attend 
participating schools, including providing educa-
tionally related support services to children in 
shelters and other locations where children may 
live; 
‘‘(B) children in local institutions for ne-
glected children; and 
‘‘(C) if appropriate, children in local insti-
tutions for delinquent children and neglected or 
delinquent children in community day school 
programs. 
‘‘(4) SCHOOL IMPROVEMENT RESERVATION.—In 
addition to the funding a local educational agency re-
ceives under section 1003(b), a local educational agen-
cy may reserve such funds as are necessary under this 
part to meet such agency’s school improvement re-
sponsibilities under section 1116, including taking 
corrective actions under paragraphs (6) and (7) of 
section 1116(b). 
‘‘(5) FINANCIAL INCENTIVES AND REWARDS RES-
ERVATION.—A local educational agency may reserve 
such funds as are necessary under this part to provide 
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financial incentives and rewards to teachers who serve 
in schools eligible under subsection (b)(1)(A) and 
identified for improvement under section 1116(b)(1) 
for the purpose of attracting and retaining qualified 
and effective teachers. 
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS. 
‘‘(a) PURPOSE.—The purpose of a schoolwide program 
under this section is— 
‘‘(1) to enable a local educational agency to con-
solidate 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 academic standards for 
student achievement, particularly those children who 
are most at-risk of not meeting those standards. 
‘‘(b) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— 
‘‘(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 40 percent of the children are from low-in-
come families, or not less than 40 percent of the chil-
dren enrolled in the school are from such families. 
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‘‘(2) IDENTIFICATION
OF
STUDENTS
NOT
RE-
QUIRED.— 
‘‘(A) IN GENERAL.—No school participating 
in a schoolwide program shall be required to 
identify particular children under this part as 
eligible to participate in a schoolwide program 
or to provide supplemental services to such chil-
dren. 
‘‘(B) SUPPLEMENT FUNDS.—A school par-
ticipating in a schoolwide program shall use 
funds available to carry out this section 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. 
‘‘(3) EXEMPTION FROM STATUTORY AND REGU-
LATORY REQUIREMENTS.— 
‘‘(A) EXEMPTION.—Except as provided in 
subsection (c), the Secretary may, through publi-
cation of a notice in the Federal Register, exempt 
schoolwide programs under this section from 
statutory or regulatory provisions of any other 
noncompetitive formula grant program adminis-
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tered by the Secretary (other than formula or 
discretionary grant programs under the Individ-
uals with Disabilities 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 purposes of such other pro-
grams are met. 
‘‘(B) REQUIREMENTS.—A school that choos-
es to use funds from such other programs shall 
not be relieved of the requirements relating to 
health, safety, civil rights, student and parental 
participation and involvement, services to pri-
vate school children, maintenance of effort, uses 
of Federal funds to supplement, not supplant 
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) RECORDS.—A school that consolidates 
funds from different Federal programs under this 
section shall not be required to maintain sepa-
rate fiscal accounting 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, 
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considered as a whole addresses the intent and 
purposes of each of the Federal programs that 
were consolidated to support the schoolwide pro-
gram. 
‘‘(4) 
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)(D) in accordance with section 1119A for such 
fiscal year, except that a school may enter into a con-
sortium with another school to carry out such activi-
ties. 
‘‘(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 sec-
tion 1309(2)) that is based on information which 
includes the performance of children in relation 
to the State academic content standards and the 
State student academic achievement standards 
described in section 1111(b)(1). 
‘‘(B) Schoolwide reform strategies that— 
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‘‘(i) provide opportunities for all chil-
dren to meet the State’s proficient and ad-
vanced levels of student achievement de-
scribed in section 1111(b)(1)(D); 
‘‘(ii) use effective methods and instruc-
tional strategies that are based upon sci-
entifically based research that— 
‘‘(I) strengthen the core academic 
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; 
‘‘(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 aca-
demic achievement standards who are mem-
bers of the target population of any pro-
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gram that is included in the schoolwide pro-
gram; and 
‘‘(II) address how the school will deter-
mine 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. 
‘‘(C) Instruction by fully qualified (as de-
fined in section 8101) teachers. 
‘‘(D) In accordance with section 1119A and 
subsection (b)(4), high quality and ongoing pro-
fessional development for teachers and para-
professionals, and, where appropriate, pupil 
services personnel, parents, principals, and other 
staff to enable all children in the school to meet 
the State’s student academic achievement stand-
ards. 
‘‘(E) Strategies to attract high quality 
teachers to high need schools, such as differential 
pay systems or performance based pay. 
‘‘(F) Strategies to increase parental involve-
ment in accordance with section 1118, such as 
family literary services. 
‘‘(G) Plans for assisting preschool children 
in the transition from early childhood programs, 
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such as Head Start, Even Start, Early Reading 
First, or a State-run preschool program, to local 
elementary school programs. 
‘‘(H) Measures to include teachers in the de-
cisions regarding the use of academic assessments 
described in section 1111(b)(4) in order to pro-
vide information on, and to improve, the per-
formance of individual students and the overall 
instructional program. 
‘‘(I) Activities to ensure that students who 
experience difficulty mastering the proficient or 
advanced levels of academic achievement stand-
ards required by section 1111(b) shall be pro-
vided with effective, timely additional assistance 
which shall include measures to ensure that stu-
dents’ 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 effective date of the No 
Child Left Behind Act of 2001), a comprehensive plan 
for reforming the total instructional program in the 
school that— 
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‘‘(A) incorporates the components described 
in paragraph (1); 
‘‘(B) describes how the school will use re-
sources under this part and from other sources to 
implement those components; and 
‘‘(C) includes a list of State and local edu-
cational agency programs and other Federal pro-
grams under subsection (b)(3) that will be con-
solidated in the schoolwide program. 
‘‘(3) PLAN DEVELOPMENT.—The comprehensive 
plan shall be— 
‘‘(A) developed during a 1-year period, un-
less— 
‘‘(i) the local educational agency deter-
mines that less time is needed to develop 
and implement the schoolwide program; or 
‘‘(ii) the school operated a schoolwide 
program on the day preceding the effective 
date of the No Child Left Behind Act of 
2001, in which case such school may con-
tinue to operate such program, but shall de-
velop amendments to its existing plan dur-
ing the first year of assistance after that 
date to reflect the provisions of this section; 
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‘‘(B) developed with the involvement of par-
ents and other members of the community to be 
served and individuals who will carry out such 
plan, including teachers, principals, and admin-
istrators (including administrators of programs 
described in other parts of this title), and, if ap-
propriate, pupil services personnel, technical as-
sistance providers, school staff, 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 reviewed 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 Reading First, Early 
Reading First, Even Start, Carl D. Perkins Vo-
cational and Technical Education Act of 1998, 
and the Head Start Act. 
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‘‘(d) ACCOUNTABILITY.—A schoolwide program under 
this section shall be subject to the school improvement provi-
sions 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 en-
hance prekindergarten programs for 3-, 4-, and 5-year-old 
children, such as Even Start programs or Early Reading 
First programs. 
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 
‘‘(a) IN GENERAL.—In all schools selected to receive 
funds under section 1113(f) that are ineligible for a 
schoolwide program under section 1114, or that choose not 
to operate such a schoolwide program, a local educational 
agency may use funds received under this part only for pro-
grams that provide services to eligible children under sub-
section (b) identified as having the greatest need for special 
assistance. 
‘‘(b) ELIGIBLE CHILDREN.— 
‘‘(1) ELIGIBLE
POPULATION.—(A) The eligible 
population for services under this section is— 
‘‘(i) children not older than age 21 who are 
entitled to a free public education through grade 
12; and 
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‘‘(ii) children who are not yet at a grade 
level at which the local educational agency pro-
vides a free public education. 
‘‘(B) From the population described in subpara-
graph (A), eligible children are children identified by 
the school as failing, or most at risk of failing, to 
meet the State’s challenging student academic achieve-
ment standards on the basis of academic assessments 
under this part, and, as appropriate, on the basis of 
multiple, educationally related, objective criteria es-
tablished by the local educational agency and supple-
mented by the school, except that children from pre-
school through grade 2 may be selected solely on the 
basis of such criteria as teacher judgment, interviews 
with parents, and other appropriate measures. 
‘‘(2) CHILDREN
INCLUDED.—(A)(i) Children 
with disabilities, migrant children, and children with 
limited English proficiency are eligible for services 
under this part on the same basis as other children. 
‘‘(ii) Funds received under this part may not be 
used to provide services that are otherwise required by 
law to be made available to such children but may be 
used to coordinate or supplement such services. 
‘‘(B) A child who, at any time in the 2 years 
preceding the year for which the determination is 
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made, participated in a Head Start, Even Start, or 
Early Reading First program, or in preschool services 
under this title, is eligible for services under this part. 
‘‘(C)(i) A child who, at any time in the 2 years 
preceding the year for which the determination is 
made, received services under part C is eligible for 
services under this part. 
‘‘(ii) A child in a local institution for neglected 
or delinquent children or attending a community day 
program for such children is eligible for services 
under this part. 
‘‘(D) A child who is homeless and attending any 
school in the local educational agency is eligible for 
services under this part. 
‘‘(c) COMPONENTS
OF
A
TARGETED
ASSISTANCE 
SCHOOL PROGRAM.— 
‘‘(1) IN GENERAL.—To assist targeted assistance 
schools and local educational agencies to meet their 
responsibility to provide for all their students served 
under this title the opportunity to meet the State’s 
challenging student academic achievement standards 
in subjects as determined by the State, each targeted 
assistance program under this section shall— 
‘‘(A) use such program’s resources under 
this part to help participating children meet 
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such 
State’s 
challenging 
student 
academic 
achievement standards expected for all children; 
‘‘(B) ensure that planning for students 
served under this part is incorporated into exist-
ing school planning; 
‘‘(C) use effective methods and instructional 
strategies that are based upon scientifically 
based research that strengthens the core academic 
program of the school and that— 
‘‘(i) give primary consideration to pro-
viding extended learning time such as an 
extended school year, before- and after- 
school, and summer programs and opportu-
nities; 
‘‘(ii) help provide an accelerated, high- 
quality 
curriculum, 
including 
applied 
learning; and 
‘‘(iii) minimize removing children 
from the regular classroom during regular 
school hours for instruction provided under 
this part; 
‘‘(D) coordinate with and support the reg-
ular education program, which may include 
services to assist preschool children in the transi-
tion from early childhood programs such as 
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Head Start, Even Start, Early Reading First or 
State-run preschool programs to elementary 
school programs; 
‘‘(E) provide instruction by fully qualified 
teachers as defined in section 8101; 
‘‘(F) in accordance with subsection (e)(3) 
and section 1119A, provide opportunities for 
professional development with resources provided 
under this part, and, to the extent practicable, 
from other sources, for teachers, principals, and 
administrators and other school staff, including, 
if appropriate, pupil services personnel, who 
work with participating children in programs 
under this section or in the regular education 
program; and 
‘‘(G) provide strategies to increase parental 
involvement in accordance with section 1118, 
such as family literacy services. 
‘‘(2) REQUIREMENTS.—Each school conducting a 
program under this section shall assist participating 
children selected in accordance with subsection (b) to 
meet the State’s proficient and advanced levels of 
achievement by— 
‘‘(A) the coordination of resources provided 
under this part with other resources; and 
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‘‘(B) reviewing, on an ongoing basis, the 
progress of participating children and revising 
the targeted assistance program, if necessary, to 
provide additional assistance to enable such chil-
dren to meet the State’s challenging student aca-
demic achievement standards, such as an ex-
tended school year, before- and after-school, and 
summer programs and opportunities, training 
for teachers regarding how to identify students 
that require additional assistance, and training 
for teachers regarding how to implement student 
academic achievement standards in the class-
room. 
‘‘(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 participate in gen-
eral professional development and school planning activi-
ties. 
‘‘(e) SPECIAL RULES.— 
‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this 
section shall be construed to prohibit a school from 
serving students served under this section simulta-
neously with students with similar educational needs, 
in the same educational settings where appropriate. 
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‘‘(2) COMPREHENSIVE
SERVICES.—If medical, 
nutrition, and other social services are not otherwise 
available to eligible children in a targeted assistance 
school and such school, if appropriate, has engaged in 
a comprehensive needs assessment and established a 
collaborative partnership with local service providers, 
and if funds are not reasonably available from other 
public or private sources to provide such services, then 
a portion of the funds provided under this part may 
be used as a last resort to provide such services, in-
cluding— 
‘‘(A) the provision of basic medical equip-
ment, such as eyeglasses and hearing aids; and 
‘‘(B) professional development necessary to 
assist teachers, pupil services personnel, other 
staff, and parents in identifying and meeting the 
comprehensive needs of eligible children. 
‘‘(3) 
PROFESSIONAL
DEVELOPMENT.—Each 
school receiving funds under this part for any fiscal 
year shall devote sufficient resources to carry out ef-
fectively the professional development activities de-
scribed in subparagraph (F) of subsection (c)(1) 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 activities.’’. 
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SEC. 105. SCHOOL CHOICE. 
Section 1115A is amended to read as follows: 
‘‘SEC. 1115A. SCHOOL CHOICE. 
‘‘(a) CHOICE PROGRAMS.—A local educational agency 
may use funds under this part, in combination with State, 
local, and private funds, to develop and implement public 
school choice programs, for children eligible for assistance 
under this part, which permit parents to select the public 
school that their child will attend. 
‘‘(b) CHOICE PLAN.—A local educational agency that 
chooses to implement a public school choice program shall 
first develop a plan that includes a description of how the 
local educational agency will use resources under this part 
and from other resources to implement the plan, and assur-
ances that— 
‘‘(1) all eligible students across grade levels 
served under this part will have equal access to the 
program; 
‘‘(2) the plan will be developed with the involve-
ment of parents and others in the community to be 
served and individuals who will carry out the plan, 
including administrators, teachers, principals, and 
other staff; 
‘‘(3) parents of eligible students in the local edu-
cational agency will be given prompt notice of the ex-
istence of the public school choice program and its 
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availability to them, and a clear explanation of how 
the program will operate; 
‘‘(4) 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 ac-
tion for the past 2 consecutive years; and 
‘‘(5) such local educational agency will comply 
with the other requirements of this part. 
‘‘(c) TRANSPORTATION.—Transportation services or 
the costs of transportation may be provided by the local edu-
cational agency, except that such agency may not use more 
than a total of 15 percent of its allocation under this part 
for such purposes.’’. 
SEC. 
106. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT. 
The section heading and subsections (a) through (d) 
of section 1116 are amended to read as follows: 
‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT. 
‘‘(a) LOCAL REVIEW.—Each local educational agency 
receiving funds under this part shall— 
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‘‘(1) use the State academic assessments de-
scribed in the State plan to review annually the 
progress of each school served under this part to deter-
mine whether the school is making adequate yearly 
progress as defined in section 1111(b)(2)(B); 
‘‘(2) publicize and disseminate to teachers and 
other staff, parents, students, and the community, the 
results of the annual review under paragraph (2); 
‘‘(3) 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.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IDENTIFICATION.—A local educational 
agency shall identify for school improvement any 
elementary or secondary school served under this 
part that— 
‘‘(i) fails, for any year, to make ade-
quate yearly progress as defined in the 
State’s plan under section 1111(b)(2); or 
‘‘(ii) was in school improvement status 
under this section immediately before the ef-
fective date of the No Child Left Behind Act 
of 2001. 
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‘‘(B) DEADLINE.—The identification de-
scribed in subparagraph (A) shall take place not 
later than the first day of the school year fol-
lowing such failure to make adequate yearly 
progress. 
‘‘(C) APPLICATION.—This paragraph does 
not apply to a school if almost every student in 
the school is meeting the State’s advanced level 
of performance. 
‘‘(D) REVIEW.—To determine if an elemen-
tary school or a secondary school that is con-
ducting a targeted assistance program under sec-
tion 1115 should be identified for school im-
provement under this subsection, a local edu-
cational agency may choose to review the 
progress of only the students in the school who 
are served, or are eligible for services, under this 
part. 
‘‘(E) PUBLIC SCHOOL CHOICE.—In the case 
of a school identified for school improvement 
under subparagraph (A), the local educational 
agency shall, not later than the first day of the 
school year following identification, provide all 
students enrolled in the school with the option to 
transfer to another public school within the local 
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educational agency, including a public charter 
school, that has not been identified for school im-
provement under subparagraph (A), unless such 
an option is prohibited by State law. 
‘‘(F) TRANSFER.—Students who use the op-
tion to transfer under subparagraph (E) shall be 
enrolled in classes and other activities in the 
public school to which they transfer in the same 
manner as all other children at the public school. 
‘‘(2) OPPORTUNITY
TO
REVIEW
AND
PRESENT 
EVIDENCE; TIME LIMIT.— 
‘‘(A) Before identifying an elementary 
school or a secondary school for school improve-
ment under paragraph (1), for corrective action 
under paragraph (6), or for restructuring under 
paragraph (7), the local educational agency shall 
provide the school with an opportunity to review 
the school-level data, including academic assess-
ment data, on which the proposed identification 
is based. 
‘‘(B) EVIDENCE.—If the principal of a 
school proposed for identification under para-
graph (1), (6), or (7) believes, or a majority of 
the parents of the students enrolled in such school 
believe, that the proposed identification is in 
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error for statistical or other substantive reasons, 
the principal may provide supporting evidence 
to the local educational agency, which shall con-
sider that evidence before making a final deter-
mination. 
‘‘(C) FINAL
DETERMINATION.—Not later 
than 30 days after a local educational agency 
provides the school with the opportunity to re-
view such school level data, the local educational 
agency shall make public a final determination 
on the status of the school. 
‘‘(3) SCHOOL PLAN.— 
‘‘(A) REVISED PLAN.—After the resolution 
of a review under paragraph (2), each school 
identified under paragraph (1) for school im-
provement 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 serving the school, 
the local school board, and other outside experts, 
for approval by such local educational agency. 
The school plan shall cover a 2-year period 
and— 
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core 
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academic subjects in the school and address 
the specific academic issues that caused the 
school to be identified for school improve-
ment; 
‘‘(ii) adopt policies and practices con-
cerning the school’s core academic subjects 
that have the greatest likelihood of ensuring 
that all groups of students specified in sec-
tion 1111(b)(2)(C)(iii)(I) and (II) and en-
rolled in the school will meet the State’s 
proficient level of achievement on the State 
academic assessment described in section 
1111(b)(4) not later than 10 years after the 
date of enactment of the No Child Left Be-
hind Act of 2001; 
‘‘(iii) provide an assurance that the 
school shall reserve not less than 10 percent 
of the funds made available to the school 
under this part for each fiscal year that the 
school is in school improvement status, for 
the purpose of providing to the school’s 
teachers and principal high-quality profes-
sional development that— 
‘‘(I) directly addresses the aca-
demic 
performance 
problem 
that 
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caused the school to be identified for 
school improvement; 
‘‘(II) meets the requirements for 
professional 
development 
activities 
under section 1119A; and 
‘‘(III) is provided in a manner 
that affords greater opportunity for 
participating in such professional de-
velopment; 
‘‘(iv) specify how the funds described 
in clause (iii) will be used to remove the 
school from school improvement status; 
‘‘(v) establish specific annual, measur-
able goals for continuous and significant 
progress by each group of students specified 
in section 1111(b)(2)(C)(iii)(I) and (II) 
and enrolled in the school that will ensure 
that all such groups of students shall meet 
the State’s proficient level of achievement on 
the State academic assessment described in 
section 1111(b)(4) not later than 10 years 
after the date of enactment of the No Child 
Left Behind Act of 2001; 
‘‘(vi) identify how the school will pro-
vide written notification about the identi-
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100 
•HR 1 RH1&2 
fication to parents of each student enrolled 
in such school, in a format and, to the ex-
tent practicable, in a language the parents 
can understand; 
‘‘(vii) specify the responsibilities of the 
school, the local educational agency, and the 
State educational agency serving the school 
under the plan, including the technical as-
sistance to be provided by the local edu-
cational agency under paragraph (4); and 
‘‘(viii) incorporate, as appropriate, ex-
tended learning time for students, such as 
before school, after school, during the sum-
mer and extension of the school year. 
‘‘(B) CONDITIONAL
APPROVAL.—The local 
educational agency may condition approval of a 
school plan on— 
‘‘(i) inclusion of 1 or more of the cor-
rective actions specified in paragraph 
(6)(D)(ii); or 
‘‘(ii) feedback on the school improve-
ment plan from parents and community 
leaders. 
‘‘(C) PLAN
IMPLEMENTATION.—Except as 
provided in subparagraph (D), a school shall im-
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101 
•HR 1 RH1&2 
plement the school plan (including a revised 
plan) expeditiously, but not later than the begin-
ning of the school year following the school year 
in which the failure to make adequate yearly 
progress took place. 
‘‘(D) Notwithstanding subparagraph (C), in 
a case in which a plan is not approved prior to 
the beginning of a school year, such plan shall 
be implemented immediately upon approval. 
‘‘(E) LOCAL
EDUCATIONAL
AGENCY
AP-
PROVAL.—The local educational agency shall— 
‘‘(i) establish a peer-review process to 
assist with review of a school plan prepared 
by a school served by the local educational 
agency; and 
‘‘(ii) promptly review the school plan, 
work with the school as necessary, and ap-
prove the school plan if it meets the require-
ments of this paragraph. 
‘‘(4) TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—For each school identi-
fied for school improvement under paragraph 
(1), the local educational agency serving the 
school shall provide technical assistance as the 
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102 
•HR 1 RH1&2 
school develops and implements the school plan 
throughout the duration of such plan. 
‘‘(B) SPECIFIC
ASSISTANCE.—Such tech-
nical assistance— 
‘‘(i) shall include assistance in ana-
lyzing data from the academic assessments 
required under section 1111(b)(4), and other 
samples of student work, to identify and ad-
dress instructional problems and solutions; 
‘‘(ii) shall include assistance in identi-
fying and implementing professional devel-
opment, instructional strategies, and meth-
ods of instruction that are based upon sci-
entifically based research and that have 
proven effective in addressing the specific 
instructional issues that caused the school to 
be identified for school improvement; 
‘‘(iii) shall include assistance in ana-
lyzing and revising the school’s budget so 
that the school resources are more effectively 
allocated for the activities most likely to in-
crease student achievement and to remove 
the school from school improvement status; 
and 
‘‘(iv) may be provided— 
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•HR 1 RH1&2 
‘‘(I) by the local educational agen-
cy, through mechanisms authorized 
under section 1117; or 
‘‘(II) by the State educational 
agency, an institution of higher edu-
cation (in full compliance with all the 
reporting provisions of title II of the 
Higher Education Act of 1965), a pri-
vate not-for-profit organization or for- 
profit organization, an educational 
service agency, or another entity with 
experience in helping schools improve 
performance. 
‘‘(C) SCIENTIFICALLY BASED RESEARCH.— 
Technical assistance provided under this section 
by a local educational agency or an entity ap-
proved by that agency shall be based on scientif-
ically based research. 
‘‘(5) NOTIFICATION TO PARENTS.—A local edu-
cational agency shall promptly provide parents (in a 
format and, to the extent practicable, in a language 
they can understand) of each student in an elemen-
tary school or a secondary school identified for school 
improvement— 
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•HR 1 RH1&2 
‘‘(A) an explanation of what the school im-
provement identification means, and how the 
school identified for school improvement com-
pares in terms of academic achievement to other 
elementary schools or secondary schools served by 
the local educational agency and the State edu-
cational agency involved; 
‘‘(B) the reasons for the identification; 
‘‘(C) an explanation of what the school 
identified for school improvement is doing to ad-
dress the problem of low achievement; 
‘‘(D) an explanation of what the local edu-
cational agency or State educational agency is 
doing to help the school address the achievement 
problem; 
‘‘(E) an explanation of how parents de-
scribed in this paragraph can become involved in 
addressing the academic issues that caused the 
school to be identified for school improvement; 
and 
‘‘(F) an explanation regarding the option of 
their child to transfer to another public school, 
including a public charter school. 
‘‘(6) CORRECTIVE ACTION.— 
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•HR 1 RH1&2 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘corrective action’ means action, consistent 
with State law, that— 
‘‘(i) substantially and directly re-
sponds to— 
‘‘(I) the consistent academic fail-
ure of a school that caused the local 
educational agency to take such action; 
and 
‘‘(II) any underlying staffing, 
curriculum, or other problems in the 
school; and 
‘‘(ii) is designed to increase substan-
tially the likelihood that students enrolled 
in the school identified for corrective action 
will perform at the State’s proficient and 
advanced levels of achievement on the State 
academic assessment described in section 
1111(b)(4). 
‘‘(B) SYSTEM.—In order to help students 
served under this part meet challenging State 
academic standards, each local educational agen-
cy shall implement a system of corrective action 
in accordance with subparagraphs (C) through 
(F) and paragraphs (7) through (9). 
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106 
•HR 1 RH1&2 
‘‘(C) ROLE OF LOCAL EDUCATIONAL AGEN-
CY.—The local educational agency— 
‘‘(i) after providing public school 
choice under paragraph (1)(E) and tech-
nical assistance under paragraph (4), shall 
identify for corrective action and take cor-
rective action with respect to any school 
served by the local educational agency 
under this part that— 
‘‘(I) fails to make adequate yearly 
progress, as defined by the State under 
section 1111(b)(2), at the end of the 
first full school year following identi-
fication under paragraph (1); or 
‘‘(II) was in school-improvement 
status for 2 years or in corrective-ac-
tion status under this subsection imme-
diately before the effective date of the 
No Child Left Behind Act of 2001; and 
‘‘(ii) shall continue to provide tech-
nical assistance consistent with paragraph 
(4) while instituting any corrective action 
under clause (i); and 
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‘‘(D) REQUIREMENTS.—In the case of a 
school described in subparagraph (C)(i), the local 
educational agency shall both— 
‘‘(i) continue to provide all students 
enrolled in the school with the option to 
transfer to another public school within the 
local educational agency, including a public 
charter school, that has not been identified 
for school improvement under paragraph 
(1), unless such an option is prohibited by 
State law; and 
‘‘(ii) take at least 1 of the following 
corrective actions: 
‘‘(I) Replace the school staff which 
are relevant to the failure to make ade-
quate yearly progress. 
‘‘(II) Institute and fully imple-
ment a new curriculum, including pro-
viding appropriate professional devel-
opment for all relevant staff, that is 
based on scientifically based research 
and offers substantial promise of im-
proving educational performance for 
low-performing students and the school 
meeting adequate yearly progress. 
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•HR 1 RH1&2 
‘‘(III) Significantly decrease man-
agement authority at the school level. 
‘‘(IV) Appoint an outside expert 
to advise the school on its progress to-
ward 
meeting 
adequate 
yearly 
progress, based on its school plan 
under this subsection. 
‘‘(V) Extend the school year or 
school day. 
‘‘(VI) Restructure the internal or-
ganizational structure of the school. 
‘‘(E) DELAY.—A local educational agency 
may delay, for a period not to exceed 1 year, im-
plementation of corrective action only if the 
school’s failure to make adequate yearly progress 
was justified due to exceptional or uncontrollable 
circumstances, such as a natural disaster or a 
precipitous and unforeseen decline in the finan-
cial resources of the local educational agency or 
school. 
‘‘(F) PUBLICATION AND DISSEMINATION.— 
The local educational agency shall publish and 
disseminate information regarding any correc-
tive action the local educational agency takes 
under this paragraph at a school— 
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•HR 1 RH1&2 
‘‘(i) to the public and to the parents of 
each student enrolled in the school subject to 
corrective action; 
‘‘(ii) in a format and, to the extent 
practicable, in a language that the parents 
can understand; and 
‘‘(iii) through such means as the Inter-
net, the media, and public agencies. 
‘‘(7) RESTRUCTURING.— 
‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY 
PROGRESS.—If— 
‘‘(i) a school is subject to corrective ac-
tion under paragraph (6) for one full school 
year, and at the end of such year continues 
to fail to make adequate yearly progress 
and students in the school who are from eco-
nomically disadvantaged families are not 
making statistically significant progress in 
the subjects included in the State’s defini-
tion of adequate yearly progress; or 
‘‘(ii) for 2 additional years a school 
subject to corrective action under paragraph 
(6) fails to make adequate yearly progress, 
the local educational agency shall— 
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•HR 1 RH1&2 
‘‘(I) provide all students enrolled 
in the school with the option to trans-
fer to another public school within the 
local educational agency, including a 
public charter school, that has not been 
identified 
for 
school 
improvement 
under paragraph (1), unless prohibited 
by State law; 
‘‘(II) make supplemental instruc-
tional services available, consistent 
with subsection (d)(1); and 
‘‘(III) prepare a plan and make 
necessary arrangements to carry out 
subparagraph (B). 
‘‘(B) 
ALTERNATIVE
GOVERNANCE.—Not 
later than the beginning of the school year fol-
lowing the year in which the local educational 
agency implements subparagraph (A), the local 
educational agency shall implement 1 of the fol-
lowing alternative governance arrangements for 
the school consistent with State law: 
‘‘(i) Reopening the school as a public 
charter school. 
‘‘(ii) Replacing the principal and all 
or most of the school staff that are relevant 
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•HR 1 RH1&2 
to the failure to make adequate yearly 
progress. 
‘‘(iii) Entering into a contract with an 
entity, such as a private management com-
pany, to operate the public school. 
‘‘(iv) Turning the operation of the 
school over to the State, if permitted under 
State law and agreed to by the State. 
‘‘(C) AVAILABLE RESULTS.—The State edu-
cational agency shall ensure that, for any school 
year in which a school is subject to school im-
provement under this subsection, the results of 
State academic assessments for that school are 
available to the local educational agency by the 
end of the school year in which the academic as-
sessments are administered. 
‘‘(D) PROMPT
NOTICE.—The local edu-
cational agency shall provide prompt notice to 
teachers and parents whenever subparagraph (A) 
or (B) applies, shall provide them adequate op-
portunity to comment before taking any action 
under those subparagraphs and to participate in 
developing 
any 
plan 
under 
subparagraph 
(A)(iii), and shall provide parents an expla-
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•HR 1 RH1&2 
nation of the options under subparagraph (A)(i) 
and (ii). 
‘‘(8) TRANSPORTATION.—In any case described 
in paragraph (6)(D)(i) and (7)(A)(ii)(I) the local 
educational agency— 
‘‘(A) shall provide, or shall pay for the pro-
vision of, transportation for the student to the 
public school the child attends; and 
‘‘(B) may use not more than a total of 15 
percent of its allocation under this part for that 
purpose. 
‘‘(9) COOPERATIVE
AGREEMENT.—In any case 
described in paragraph (6)(D)(i) or (7)(A)(ii)(I), 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 extent 
practicable, establish a cooperative agreement with 
other local educational agencies in the area for a 
transfer. 
‘‘(10) DURATION.—If any school identified for 
corrective action or restructuring— 
‘‘(A) makes adequate yearly progress for 2 
consecutive years, the local educational agency 
need no longer subject it to corrective action or 
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•HR 1 RH1&2 
restructuring nor identify it as in need of im-
provement; or 
‘‘(B) fails to make adequate yearly progress, 
but children from low-income families in the 
school make statistically significant educational 
progress for 1 year, the local educational agency 
shall place or continue as appropriate the school 
in corrective action under paragraph (6). 
‘‘(11) STATE
RESPONSIBILITIES.—The State 
shall— 
‘‘(A) make technical assistance under sec-
tion 1117 available to all schools identified for 
school improvement and restructuring under this 
subsection; 
‘‘(B) if it determines that a local edu-
cational agency has failed to carry out its re-
sponsibilities under this subsection, take such 
corrective actions as the State finds appropriate 
and in compliance with State law; and 
‘‘(C) ensure that academic assessment re-
sults under this part are provided to schools 
within the same school year in which the assess-
ment was given. 
‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN-
CY IMPROVEMENT.— 
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•HR 1 RH1&2 
‘‘(1) IN GENERAL.—A State 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 academic 
achievement standards; and 
‘‘(B) publicize and disseminate to local edu-
cational agencies, teachers and other staff, par-
ents, students, and the community the results of 
the State review consistent with section 1111, in-
cluding statistically sound disaggregated results, 
as required by section 1111(b)(2). 
‘‘(2) IDENTIFICATION
OF
LOCAL
EDUCATIONAL 
AGENCY FOR IMPROVEMENT.—A State shall identify 
for improvement any local educational 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 No 
Child Left Behind Act of 2001. 
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•HR 1 RH1&2 
‘‘(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 en-
actment of the No Child Left Behind Act of 2001, dur-
ing which a local educational agency 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. 
‘‘(4) TARGETED
ASSISTANCE
SCHOOLS.—For 
purposes of targeted assistance schools in a local edu-
cational agency, a State educational agency may 
choose to review the progress of only the students in 
such schools who are served or are eligible for services 
under this part. 
‘‘(5) OPPORTUNITY
TO
REVIEW
AND
PRESENT 
EVIDENCE.— 
‘‘(A) REVIEW.—Before identifying a local 
educational agency for improvement under para-
graph (2), a State educational agency shall pro-
vide the local educational agency with an oppor-
tunity to review the local educational agency 
data, including academic assessment data, on 
which that proposed identification is based. 
‘‘(B) SUPPORTING EVIDENCE.—If the local 
educational agency believes that the proposed 
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•HR 1 RH1&2 
identification 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 not later than 30 days after the 
State educational agency provides the local edu-
cational agency with the opportunity to review 
such data under subparagraph (A). 
‘‘(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 im-
provement, of the results of the review under para-
graph (1) and, if the agency is identified as in need 
of improvement, the reasons for that identification 
and how parents can participate in upgrading the 
quality of the local educational agency. 
‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.— 
‘‘(A) PLAN.—Each local educational agency 
identified under paragraph (2) shall, not later 
than 3 months after being so identified, develop 
or revise a local educational agency plan, in con-
sultation with parents, school staff, and others. 
Such plan shall— 
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•HR 1 RH1&2 
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core 
academic program in the local educational 
agency; 
‘‘(ii) identify specific goals and objec-
tives the local educational agency will un-
dertake to make adequate yearly progress 
and which— 
‘‘(I) have the greatest likelihood of 
improving the performance of partici-
pating children in meeting the State’s 
student academic achievement stand-
ards; 
‘‘(II) address the professional de-
velopment needs of staff; and 
‘‘(III) include specific measurable 
achievement goals and targets for each 
of the groups of students identified in 
the disaggregated data pursuant to sec-
tion 1111(b)(2)(C)(iii)(I) and (II); 
‘‘(iii) incorporate, as appropriate, ex-
tended learning time for students such as 
before school, after school, during the sum-
mer, and extension of the school year. 
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•HR 1 RH1&2 
‘‘(iv) identify how the local educational 
agency will provide written notification to 
parents in a format, and to the extent prac-
ticable in a language, that they can under-
stand, pursuant to paragraph (6); and 
‘‘(v) specify the responsibilities of the 
State educational agency and the local edu-
cational agency under the plan. 
‘‘(B) IMPLEMENTATION.—The local edu-
cational agency shall implement its plan or re-
vised plan expeditiously, but not later than the 
beginning of the school year after which the 
school has been identified for improvement. 
‘‘(8) STATE RESPONSIBILITY.— 
‘‘(A) IN
GENERAL.—For each local edu-
cational agency identified under paragraph (2), 
the State shall provide technical or other assist-
ance, if requested, as authorized under section 
1117, to better enable the local educational agen-
cy— 
‘‘(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 
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•HR 1 RH1&2 
‘‘(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 authorized 
by such agency shall be based upon scientifically 
based research. 
‘‘(9) CORRECTIVE ACTION.—In order to help stu-
dents served under this part meet challenging State 
academic standards, each State shall implement a 
system of corrective action in accordance with the fol-
lowing: 
‘‘(A) IN
GENERAL.—After providing tech-
nical assistance under paragraph (8) and subject 
to subparagraph (D), the State— 
‘‘(i) may take corrective action at any 
time with respect to a local educational 
agency that has been identified under para-
graph (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 sec-
ond year following its identification under 
paragraph (2); and 
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•HR 1 RH1&2 
‘‘(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 action, 
consistent with State law, that— 
‘‘(i) substantially and directly re-
sponds to the consistent academic failure 
that caused the State 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 per-
formance 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 edu-
cational agency. 
‘‘(ii) Replace the school district per-
sonnel who are relevant to the failure to 
make adequate year progress. 
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•HR 1 RH1&2 
‘‘(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 pub-
lic school operated by another local edu-
cational 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 para-
graph. 
‘‘(D) HEARING.—Prior to implementing 
any corrective action, the State educational 
agency shall provide due process and a hearing 
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•HR 1 RH1&2 
to the affected local educational agency, if State 
law provides for such process and hearing. 
‘‘(E) PUBLICATION.—The State educational 
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, im-
plementation of corrective action if the failure to 
make adequate yearly progress was justified due 
to exceptional or uncontrollable circumstances 
such as a natural disaster or a precipitous and 
unforeseen decline in the financial resources of 
the local educational agency or school. 
‘‘(10) SPECIAL RULE.—A local educational agen-
cy, that, for at least 2 of the 3 years following identi-
fication under paragraph (2), makes adequate yearly 
progress shall no longer be identified for improve-
ment. 
‘‘(d) PARENTAL OPTIONS.— 
‘‘(1) In any case described in subsection 
(b)(7)(A)(ii)(II), the local educational agency shall 
permit the parents of each eligible child to obtain 
supplemental educational services for such child from 
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•HR 1 RH1&2 
a provider, as approved by the State educational 
agency in accordance with reasonable criteria that it 
shall adopt. Such criteria shall require a provider to 
demonstrate a record of effectiveness, or the potential 
of effectiveness, in providing supplemental instruc-
tional services to children, consistent with the instruc-
tional program of the local educational agency and 
the academic standards described under section 1111. 
‘‘(2) SELECTION.—In obtaining services under 
this paragraph, a parent shall select a provider that 
meets the criteria described under paragraph (1). The 
local educational agency shall provide assistance, 
upon request, to parents in the selection of a provider 
to provide supplemental instructional services. 
‘‘(3) CONTRACT.—In the case of the selection of 
a provider under paragraph (2) by a parent, the local 
educational agency shall enter into a contract with 
such provider. Such contract shall— 
‘‘(A) require the local educational agency to 
develop, with parents (and the provider they 
have chosen), a statement of specific performance 
goals for the student, how the student’s progress 
will be measured, and a timetable for improving 
achievement; 
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•HR 1 RH1&2 
‘‘(B) provide for the termination of such 
contract with a provider that is unable to meet 
such goals and timetables; and 
‘‘(C) contain provisions with respect to the 
making of payments to the provider by the local 
educational agency. 
‘‘(4) ADDITIONAL LOCAL EDUCATIONAL AGENCY 
RESPONSIBILITIES.—Each local educational agency 
subject to this paragraph shall provide annual notice 
to parents (if feasible, in the parents’ language) of the 
availability of services under this paragraph and the 
eligible providers of those services. 
‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL-
ITIES.—Each State educational agency shall— 
‘‘(A) consult with local educational agencies 
and promote maximum participation by pro-
viders to ensure, to the extent practicable, that 
parents have as many choices of those providers 
as possible; 
‘‘(B) develop criteria consistent with para-
graph (6) and apply such criteria to potential 
providers to determine which, based on the qual-
ity and effectiveness of their services, are eligible 
to participate; 
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•HR 1 RH1&2 
‘‘(C) maintain an updated list of approved 
providers across the State, from which parents 
may select; 
‘‘(D) develop and implement standards and 
techniques for monitoring the quality and effec-
tiveness of the services offered by providers, and 
withdraw approval from those that fail to meet 
those standards for two consecutive years; 
‘‘(E) provide annual notice to potential 
providers of supplemental services of the oppor-
tunity to provide services under this paragraph 
and of the applicable procedures for obtaining 
approval from the State educational agency to be 
a provider of those services. 
‘‘(6) CRITERIA FOR PROVIDERS.—In order for a 
provider to be included on the State list under para-
graph (5)(c), a provider shall agree to the following: 
‘‘(A) Provide parents of children receiving 
supplemental instructional services under this 
paragraph and the appropriate local educational 
agency with information on the progress of their 
children in increasing achievement, in a format 
and, to the extent practicable, a language such 
parents can understand. 
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•HR 1 RH1&2 
‘‘(B) Ensure that instruction and content 
used by the provider is consistent with the in-
struction and content used by the local edu-
cational agency and State. 
‘‘(C) Require a provider to meet all appli-
cable Federal, State, and local health, safety and 
civil rights laws. 
‘‘(D) Ensure that all instruction and con-
tent under this paragraph shall be secular, neu-
tral, and nonideological. 
‘‘(7) COSTS.— 
‘‘(A) The costs of administration of this 
paragraph and the costs of providing such sup-
plemental instructional services shall be limited 
to the total of 40 percent of the per child alloca-
tion under subpart 2 of each school identified 
under subsection (b)(7)(A)(ii)(II); 
‘‘(B) ADDITIONAL FUNDS.—If the allocation 
under subparagraph (A) is insufficient to pro-
vide services for all eligible students that have se-
lected a provider, a local educational agency 
may use funds under subpart 1 of part A of title 
IV to pay for additional costs; 
‘‘(C) TRANSPORTATION
COSTS.—A local 
educational agency may use up to 15 percent of 
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•HR 1 RH1&2 
its allocation under subpart 2 for transportation 
costs. 
‘‘(8) FUNDS PROVIDED BY STATE EDUCATIONAL 
AGENCY.—Each State educational agency may use 
funds that it reserves under this part, and subpart 1 
of part A of title IV to provide local educational agen-
cies that do not have sufficient funds to provide serv-
ices under this paragraph for all eligible students re-
questing such services. 
‘‘(9) DURATION.—The local educational agency 
shall continue to provide supplemental instructional 
services to enrolled children receiving such services 
under this paragraph until the child completes the 
grade corresponding to the highest grade offered at the 
public school which was identified for restructuring 
under subsection (b)(7), or until such school, so long 
as the child attends such school, is not identified 
under subsection (b)(1), (b)(6), or (b)(7), whichever 
comes earlier. 
‘‘(10) DEFINITIONS.—As used in this subsection, 
the term— 
‘‘(A) ‘eligible child’ means a child from a 
low-income family, as determined by the local 
educational agency for purposes of allocating 
funds to schools under section 1113(c)(1); 
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•HR 1 RH1&2 
‘‘(B) ‘supplemental instructional services’ 
means tutoring and other supplemental academic 
enrichment services that are in addition to in-
struction provided during the school day and are 
specifically designed to increase the academic 
achievement of eligible children on the academic 
assessments required under section 1111; and 
‘‘(C) ‘provider’ means a non-profit or a for- 
profit entity which has a demonstrated record of 
effectiveness or the potential of effectiveness— 
‘‘(i) in providing supplemental in-
structional services that are consistent with 
the instructional program of the local edu-
cational agency and the academic standards 
described under section 1111; and 
‘‘(ii) in sound fiscal management; 
‘‘(D) ‘per child allocation’ means an 
amount that is equal to at least— 
‘‘(i) the amount of the school’s alloca-
tion under subpart 2; divided by 
‘‘(ii) the number of children from low- 
income families enrolled in the school. 
‘‘(11) PROHIBITION.—Nothing contained in this 
paragraph shall permit the making of any payment 
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•HR 1 RH1&2 
under this paragraph for religious worship or in-
struction.’’. 
SEC. 107. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 
IMPROVEMENT. 
Section 1117 is amended to read as follows: 
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND 
IMPROVEMENT. 
‘‘(a) SYSTEM FOR SUPPORT.—Each State shall estab-
lish a statewide system of intensive and sustained support 
and improvement for local educational 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 academic content standards and student 
academic achievement standards. 
‘‘(b) PRIORITIES.—In carrying out this section, a 
State 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 educational 
agency has failed to carry out its responsibilities 
under paragraphs (6) and (7) of section 1116(b); 
‘‘(2) second, provide support and assistance to 
other local educational agencies identified as in need 
of improvement under section 1116(b); and 
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•HR 1 RH1&2 
‘‘(3) third, provide support and assistance to 
other local educational agencies and schools partici-
pating under this part that need that support and as-
sistance 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 learning, par-
ticularly about strategies for improving educational 
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 improving 
academic achievement. 
‘‘(d) FUNDS.—Each State— 
‘‘(1) shall use funds reserved under section 
1003(a); and 
‘‘(2) may use State administrative funds author-
ized under section 1002(i) for such purpose to estab-
lish a Statewide system of support. 
‘‘(e) ALTERNATIVES.—The State may devise addi-
tional approaches to providing the assistance described in 
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•HR 1 RH1&2 
paragraphs (1) and (2) of subsection (c), such as providing 
assistance through institutions of higher education and edu-
cational service agencies or other local consortia, and pri-
vate providers of scientifically based technical assistance 
and the State may seek approval from the Secretary to use 
funds made available under section 1002(j) for such ap-
proaches as part of the State plan.’’. 
SEC. 108. ACADEMIC ACHIEVEMENT AWARDS PROGRAM. 
Sections 1118 through 1127 are amended to read as 
follows: 
‘‘SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM. 
‘‘(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT 
AWARDS PROGRAM.— 
‘‘(1) IN GENERAL.—Each State receiving a grant 
under this part may establish a program for making 
academic achievement awards to recognize and finan-
cially 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. 
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•HR 1 RH1&2 
‘‘(2) AWARDS TO TEACHERS.—A State program 
under paragraph (1) may also recognize and provide 
financial awards to teachers teaching in a school de-
scribed in such paragraph whose students consistently 
make significant gains in academic achievement in 
the areas in which the teacher provides instruction. 
‘‘(b) FUNDING.— 
‘‘(1) RESERVATION OF FUNDS BY STATE.—For 
the purpose of carrying out this section, each State re-
ceiving a grant under this part may 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 30 percent of 
such excess amount. 
‘‘(2) USE
WITHIN
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 75 
percent of the amount reserved under paragraph 
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•HR 1 RH1&2 
(1) for each fiscal year to schools described in 
subparagraph (B), or to teachers teaching in 
such schools. 
‘‘(B) SCHOOL
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 from low income families. 
‘‘SEC. 1118. PARENTAL INVOLVEMENT. 
‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.— 
‘‘(1) IN GENERAL.—A local educational agency 
may receive funds under this part only if such agency 
implements programs, activities, and procedures for 
the involvement of parents in programs assisted under 
this part consistent with the provisions of this section. 
Such activities shall be planned and implemented 
with meaningful consultation with parents of partici-
pating children. 
‘‘(2) WRITTEN POLICY.—Each local educational 
agency that receives funds under this part shall de-
velop jointly with, agree upon with, and distribute to, 
parents of participating children a written parent in-
volvement policy that is incorporated into the local 
educational agency’s plan developed under section 
1112, establishes the expectations for parent involve-
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•HR 1 RH1&2 
ment, and describes how the local educational agency 
will— 
‘‘(A) involve parents in the joint develop-
ment of the plan under section 1112, and the 
process of school review and improvement under 
section 1116; 
‘‘(B) provide the coordination, technical as-
sistance, and other support necessary to assist 
participating schools in planning and imple-
menting effective parent involvement; 
‘‘(C) build the schools’ and parents’ capac-
ity for strong parent involvement as described in 
subsection (e); 
‘‘(D) coordinate and integrate parental in-
volvement strategies under this part with paren-
tal involvement strategies under other programs, 
such as Head Start, Early Reading First, Read-
ing First, Even Start, the Parents as Teachers 
Program, the Home Instruction Program for 
Preschool Youngsters, and State-run preschool 
programs; 
‘‘(E) conduct, with the involvement of par-
ents, an annual evaluation of the content and ef-
fectiveness of the parental involvement policy in 
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•HR 1 RH1&2 
improving the academic quality of the schools 
served under this part; and 
‘‘(F) involve parents in the activities of the 
schools served under this part. 
‘‘(3) RESERVATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency shall reserve not less than 1 percent of 
such agency’s allocation under this part to carry 
out this section, including family literacy and 
parenting skills, except that this paragraph shall 
not apply if 1 percent of such agency’s allocation 
under this part (other than funds allocated 
under section 1002(g) for the fiscal year for 
which the determination is made is $5,000 or 
less. 
‘‘(B) PARENTAL
INPUT.—Parents of chil-
dren receiving services under this part shall be 
involved in the decisions regarding how funds re-
served under subparagraph (A) are allotted for 
parental involvement activities. 
‘‘(C) DISTRIBUTION
OF
FUNDS.—Not less 
than 95 percent of the funds reserved under sub-
paragraph (A) shall be distributed to schools 
served under this part. 
‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.— 
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•HR 1 RH1&2 
‘‘(1) IN
GENERAL.—Each school served under 
this part shall jointly develop with, and distribute to, 
parents of participating children a written parental 
involvement policy, agreed upon by such parents, that 
shall describe the means for carrying out the require-
ments of subsections (c) through (f). Parents shall be 
notified of the policy in a format, and to the extent 
practicable in a language they can understand. Such 
policy shall be updated periodically to meet the 
changing needs of parents and the school. 
‘‘(2) SPECIAL RULE.—If the school has a paren-
tal involvement policy that applies to all parents, 
such school may amend that policy, if necessary, to 
meet the requirements of this subsection. 
‘‘(3) AMENDMENT.—If the local educational 
agency has a school district-level parental involve-
ment policy that applies to all parents, such agency 
may amend that policy, if necessary, to meet the re-
quirements of this subsection. 
‘‘(4) PARENTAL COMMENTS.—If the plan under 
section 1112 is not satisfactory to the parents of par-
ticipating children, the local educational agency shall 
submit any parent comments with such plan when 
such local educational agency submits the plan to the 
State. 
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•HR 1 RH1&2 
‘‘(c) POLICY INVOLVEMENT.—Each school served under 
this part shall— 
‘‘(1) convene an annual meeting, at a convenient 
time, to which all parents of participating children 
shall be invited and encouraged to attend, to inform 
parents of their school’s participation under this part 
and to explain this part, its requirements, and their 
right to be involved; 
‘‘(2) offer a flexible number of meetings, such as 
meetings in the morning or evening, and may pro-
vide, with funds provided under this part, transpor-
tation, child care, or home visits, as such services re-
late to parental involvement; 
‘‘(3) involve parents, in an organized, ongoing, 
and timely way, in the planning, review, and im-
provement of programs under this part, including the 
school parental involvement policy and the joint de-
velopment of the schoolwide program plan under sec-
tion 1114(c)(2) and (c)(3), except that if a school has 
in place a process for involving parents in the joint 
planning and design of its programs, the school may 
use that process, if such process includes an adequate 
representation of parents of participating children; 
‘‘(4) provide parents of participating children— 
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•HR 1 RH1&2 
‘‘(A) timely information about programs 
under this part; 
‘‘(B) a description and explanation of the 
curriculum in use at the school, the forms of aca-
demic assessment used to measure student 
progress, and the proficiency levels students are 
expected to meet; and 
‘‘(5) if the schoolwide program plan under sec-
tion 1114(c)(2) and (c)(3) is not satisfactory to the 
parents of participating children, submit any parent 
comments on the plan when the school makes the plan 
available to the local educational agency. 
‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT 
PERFORMANCE.—As a component of the school-level paren-
tal involvement policy developed under subsection (b), each 
school served under this part shall agree with parents of 
children served under this part regarding how parents, the 
entire school staff, and students will share the responsibility 
for improved student achievement and the means by which 
the school and parents will build and develop a partnership 
to help children achieve the State’s high academic stand-
ards. 
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To en-
sure effective involvement of parents and to support a part-
nership among the school, parents, and the community to 
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•HR 1 RH1&2 
improve student achievement, each school and local edu-
cational agency— 
‘‘(1) shall provide assistance to participating 
parents in such areas as understanding the State’s 
academic content standards and State student aca-
demic achievement standards, State and local aca-
demic assessments, the requirements of this part, and 
how to monitor a child’s progress and work with edu-
cators to improve the performance of their children; 
‘‘(2) shall provide materials and 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 assistance 
of parents, in the value and utility of contributions 
of parents, and in how to reach out to, communicate 
with, and work with parents as equal partners, im-
plement and coordinate parent programs, and build 
ties between parents and the school; 
‘‘(4) shall coordinate and integrate parent in-
volvement programs and activities with Head Start, 
Reading First, Early Reading First, Even Start, the 
Home Instruction Programs for Preschool Youngsters, 
the Parents as Teachers Program, and public pre-
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•HR 1 RH1&2 
school programs and other programs, to the extent 
feasible and appropriate; 
‘‘(5) shall ensure, to the extent possible, that in-
formation related to school and parent programs, 
meetings, and other activities is sent to the parents of 
participating children in the language used by such 
parents; 
‘‘(6) 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; 
‘‘(7) 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; 
‘‘(8) may pay reasonable and necessary expenses 
associated with local parental involvement activities, 
including transportation and child care costs, to en-
able parents to participate in school-related meetings 
and training sessions; 
‘‘(9) may train parents to enhance the involve-
ment of other parents; 
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•HR 1 RH1&2 
‘‘(10) 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; 
‘‘(11) may adopt and implement model ap-
proaches to improving parental involvement; 
‘‘(12) may establish a districtwide parent advi-
sory council to provide advice on all matters related 
to parental involvement in programs supported under 
this part; 
‘‘(13) may develop appropriate roles for commu-
nity-based organizations and businesses in parent in-
volvement activities; and 
‘‘(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. 
‘‘(f) ACCESSIBILITY.—In carrying out the parental in-
volvement requirements of this part, local educational agen-
cies and schools, to the extent practicable, shall provide full 
opportunities for the participation of parents with limited 
English proficiency or with disabilities and parents of mi-
gratory children, including providing information and 
school reports required under section 1111 in a format, and 
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•HR 1 RH1&2 
to the extent practicable, in a language such parents under-
stand. 
‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS. 
‘‘(a) TEACHERS.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy receiving assistance under this part shall ensure 
that all teachers hired on or after the effective date of 
the No Child Left Behind Act of 2001 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 a plan to ensure that all teachers teaching 
within the State are fully qualified not later than De-
cember 31, 2005. Such plan shall include an assur-
ance that the State will require each local educational 
agency and school receiving funds under this part 
publicly to report their annual progress on the agen-
cy’s and the school’s performance in increasing the 
percentage of classes in core academic areas taught by 
fully qualified teachers. 
‘‘(b) NEW PARAPROFESSIONALS.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy receiving assistance under this part shall ensure 
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•HR 1 RH1&2 
that all paraprofessionals hired 1 year or more after 
the effective date of the No Child Left Behind Act of 
2001 and working in a program 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 aca-
demic assessment— 
‘‘(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. 
‘‘(c) EXISTING PARAPROFESSIONALS.—Each local edu-
cational agency receiving assistance under this part shall 
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•HR 1 RH1&2 
ensure that all paraprofessionals hired before the date that 
is 1 year after the effective date of the No Child Left Behind 
Act of 2001 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). 
‘‘(d) EXCEPTIONS FOR TRANSLATION AND PARENTAL 
INVOLVEMENT ACTIVITIES.—Subsections (b) and (c) shall 
not apply to a paraprofessional— 
‘‘(1) who is proficient in English and a language 
other than English and who provides services pri-
marily to enhance the participation of children in 
programs under this part by acting as a translator; 
or 
‘‘(2) whose duties consist solely of conducting pa-
rental involvement activities consistent with section 
1118. 
‘‘(e) GENERAL REQUIREMENT FOR ALL PARAPROFES-
SIONALS.—Each local educational agency receiving assist-
ance under this part shall ensure that all paraprofessionals 
working in a program supported with funds under this 
part, regardless of the paraprofessional’s hiring date, pos-
sess a high school diploma or its recognized equivalent. 
‘‘(f) DUTIES OF PARAPROFESSIONALS.— 
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•HR 1 RH1&2 
‘‘(1) IN GENERAL.—Each local educational agen-
cy receiving assistance under this part shall ensure 
that a paraprofessional working in a program sup-
ported with funds under this part is not assigned a 
duty inconsistent with this subsection. 
‘‘(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 receive 
instruction from a teacher; 
‘‘(B) to assist with classroom management, 
such as organizing instructional and other mate-
rials; 
‘‘(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 instructional services to stu-
dents. 
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•HR 1 RH1&2 
‘‘(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 
‘‘(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 academic as-
sessment, the ability to effectively carry out read-
ing, writing, 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 para-
professionals 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 No Child Left Behind Act 
of 2001, a local educational agency may not use 
funds received under this part to fund any para-
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•HR 1 RH1&2 
professional hired after such date unless the hir-
ing is to fill a vacancy created by the departure 
of another paraprofessional funded under this 
part and such new paraprofessional satisfies the 
requirements of subsection (b), except as provided 
in subsection (d). 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply for a fiscal year to a local educational 
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 min-
imum shall require that the principal of each school 
operating a program under section 1114 or 1115 an-
nually 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 maintained at each school op-
erating a program under section 1114 or 1115 
and at the main office of the local educational 
agency; and 
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‘‘(B) shall be available to any member of 
the general public upon request. 
‘‘SEC. 1119A. PROFESSIONAL DEVELOPMENT. 
‘‘(a) PURPOSE.—The purpose of this section is to assist 
each local educational agency receiving assistance under 
this part in increasing the academic achievement of chil-
dren served under this part through improved teacher qual-
ity. 
‘‘(b) PROFESSIONAL
DEVELOPMENT
ACTIVITIES.— 
Professional development activities under this section 
shall— 
‘‘(1) give teachers, principals, and administra-
tors the knowledge and skills to provide students with 
the opportunity to meet challenging State or local 
academic content standards and student academic 
achievement standards; 
‘‘(2) support the recruiting, hiring, and training 
of fully qualified teachers, including teachers fully 
qualified through State and local alternative routes; 
‘‘(3) advance teacher understanding of effective 
instructional strategies based on scientifically based 
research for improving student achievement, at a 
minimum, in reading or language arts and mathe-
matics; 
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‘‘(4) be directly related to the curriculum and 
content areas in which the teacher provides instruc-
tion, except this requirement does not apply to activi-
ties that instruct in methods of improving student be-
havior; 
‘‘(5) be designed to enhance the ability of a 
teacher to understand and use the State’s academic 
standards for the subject area in which the teacher 
provides instruction; 
‘‘(6) be tied to scientifically based research dem-
onstrating the effectiveness of such professional devel-
opment activities or programs in increasing student 
achievement or substantially increasing the knowledge 
and teaching skills of teachers; 
‘‘(7) be of sufficient intensity and duration (not 
to include 1-day or short-term workshops and con-
ferences) to have a positive and lasting impact on the 
teacher’s performance in the classroom; 
‘‘(8) be developed with extensive participation of 
teachers, principals, parents, and administrators of 
schools to be served under this part; 
‘‘(9) be designed to give teachers of limited 
English proficient children, other teachers, and in-
structional staff the knowledge and skills to provide 
instruction and appropriate language and academic 
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•HR 1 RH1&2 
support services to such children, including the ap-
propriate use of curriculum and academic assess-
ments; 
‘‘(10) to the extent appropriate, provide training 
for teachers in the use of technology so that technology 
and its applications are effectively used in the class-
room to improve teaching and learning in the cur-
riculum and academic content areas in which the 
teachers provide instruction; and 
‘‘(11) as a whole, be regularly evaluated for their 
impact on increased teacher effectiveness and im-
proved student achievement, with the findings of such 
evaluations used to improve the quality of profes-
sional development. 
‘‘(c) ADDITIONAL PROFESSIONAL DEVELOPMENT AC-
TIVITIES.—Such professional development activities may 
include— 
‘‘(1) instruction in the use of data and academic 
assessments to inform and instruct classroom prac-
tice; 
‘‘(2) instruction in ways that teachers, prin-
cipals, pupil services personnel, and school adminis-
trators may work more effectively with parents; 
‘‘(3) the forming of partnerships with institu-
tions of higher education to establish school-based 
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teacher training programs that provide prospective 
teachers and novice teachers with an opportunity to 
work under the guidance of experienced teachers and 
college faculty; 
‘‘(4) the creation of career ladder programs for 
paraprofessionals (assisting teachers under this part) 
to obtain the education necessary for such paraprofes-
sionals to become licensed and certified teachers; and 
‘‘(5) instruction in ways to teach special needs 
children. 
‘‘(d) PROGRAM
PARTICIPATION.—Each local edu-
cational agency receiving assistance under this part may 
design professional development programs so that— 
‘‘(1) all school staff in schools participating in 
a schoolwide program under section 1114 can partici-
pate in professional development activities; and 
‘‘(2) all school staff in targeted assistance schools 
may participate in professional development activi-
ties if such participation will result in better address-
ing the needs of students served under this part. 
‘‘(e) PARENTAL PARTICIPATION.—Parents may par-
ticipate in professional development activities under this 
part if the school determines that parental participation is 
appropriate. 
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‘‘(f) CONSORTIA.—In carrying out such professional 
development programs, local educational agencies may pro-
vide services through consortia arrangements with other 
local educational agencies, educational service agencies or 
other local consortia, institutions of higher education, or 
other public or private institutions or organizations. 
‘‘(g) CONSOLIDATION
OF FUNDS.—Funds provided 
under this part that are used for professional development 
purposes may be consolidated with funds provided under 
title II of this Act and other sources. 
‘‘(h) 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(b)(3)(A)(iii). 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN GENERAL.—To the extent consistent with 
the number of eligible children identified under sec-
tion 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 private 
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school officials, provide such children, on an equitable 
basis, special educational services or other benefits 
under this part (such as dual enrollment, educational 
radio and television, computer equipment and mate-
rials, other technology, and mobile educational serv-
ices and equipment) that address their needs, and 
shall ensure that teachers and families of these stu-
dents 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 equi-
table 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 
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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-
tion directly or through contracts with public and 
private agencies, organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a local educational agency shall 
consult with appropriate private school officials dur-
ing the design and development of such agency’s pro-
grams under this part, on issues such as— 
‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, and the amount of funds generated by 
low-income private school children in each par-
ticipating attendance area; 
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‘‘(F) the method or sources of data that are 
used 
under 
subsection 
(a)(4) 
and 
section 
1113(c)(2) 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 offi-
cials 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 edu-
cational agency has chosen not to use a contractor. 
‘‘(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 programs 
under this part. Such meetings shall continue 
throughout implementation and assessment of services 
provided under this section. 
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‘‘(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 maintain in its records and provide to 
the State educational agency a written affirmation 
signed by officials of each participating private school 
that the consultation required by this section has oc-
curred. 
‘‘(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 mean-
ingful and timely, and that due consideration was 
given to the views of private school officials. If the 
private school wishes to appeal, the basis of the claim 
of noncompliance with this section by a local edu-
cational agency shall be provided to the State, and 
the local educational agency shall forward the docu-
mentation provided in subsection (b)(4) to the State. 
‘‘(c) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this part, and title to materials, equip-
ment, and property purchased with such funds, shall 
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be in a public agency, and a public agency shall ad-
minister such funds and property. 
‘‘(2) PROVISION OF SERVICES.—(A) The provi-
sion of services under this section shall be provided— 
‘‘(i) by employees of a public agency; or 
‘‘(ii) through contract by such public agency 
with an individual, association, agency, or orga-
nization. 
‘‘(B) In the provision of such services, such em-
ployee, person, association, agency, or organization 
shall be independent of such private school and of any 
religious organization, and such employment or con-
tract shall be under the control and supervision of 
such public agency. 
‘‘(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 en-
rolled 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 par-
ticipation, 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 
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the requirements of this section and sections 8505 and 
8506; and 
‘‘(3) in making the determination, consider 1 or 
more factors, including the quality, size, scope, and 
location of the program and the opportunity of eligi-
ble children to participate. 
‘‘(e) CAPITAL EXPENSES.— 
‘‘(1) IN GENERAL.—(A) From the amount appro-
priated for this subsection under section 1002(g) for 
any fiscal year, each State is eligible to receive an 
amount that bears the same ratio to the amount so 
appropriated as the number of private school children 
who received services under this part in the State in 
the most recent year for which data satisfactory to the 
Secretary are available bears to the number of such 
children in all States in that same year. 
‘‘(B) The Secretary shall reallocate any amounts 
allocated under subparagraph (A) that are not used 
by a State for the purpose of this subsection to other 
States on the basis of their respective needs, as deter-
mined by the Secretary. 
‘‘(2) CAPITAL
EXPENSES.—(A) A local edu-
cational agency may apply to the State educational 
agency for payments for capital expenses consistent 
with this subsection. 
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‘‘(B) State educational agencies shall distribute 
such funds under this subsection to local educational 
agencies based on the degree of need set forth in their 
respective applications for assistance under this sub-
section. 
‘‘(3) USES OF FUNDS.—Any funds appropriated 
to carry out this subsection shall be used only for cap-
ital expenses incurred to provide equitable services for 
private school children under this section. 
‘‘SEC. 1120A. FISCAL REQUIREMENTS. 
‘‘(a) MAINTENANCE OF EFFORT.—A local educational 
agency may receive funds under this part for any fiscal 
year only if the State educational agency finds that the 
local educational agency has maintained its fiscal effort in 
accordance with section 8501 of this Act. 
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT, NON-FEDERAL FUNDS.— 
‘‘(1) IN GENERAL.—A State or local educational 
agency shall use funds received under this part only 
to supplement the amount of funds that would, in the 
absence of such Federal funds, be made available from 
non-Federal sources for the education of pupils par-
ticipating in programs assisted under this part, and 
not to supplant such funds. 
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