Union Calendar No. 230
106TH CONGRESS
1ST SESSION
H. R. 2
[Report No. 106–394, Part I]
A BILL
To send more dollars to the classroom and for
certain other purposes.
OCTOBER 18, 1999
Reported from the Committee on Education and the
Workforce with an amendment
OCTOBER 18, 1999
Referral to the Committee on Ways and Means extended
for a period ending not later than October 18, 1999
OCTOBER 18, 1999
Committee on Ways and Means discharged; committed to
the Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 230
106TH CONGRESS
1ST SESSION
H. R. 2
[Report No. 106–394, Part I]
To send more dollars to the classroom and for certain other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1999
Mr. GOODLING (for himself, Mr. PITTS, Mr. SMITH of Washington, Mr.
GOODE, Mr. CASTLE, Mr. MCKEON, and Ms. PRYCE of Ohio) introduced
the following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
OCTOBER 18, 1999
Reported from the Committee on Education and the Workforce with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 18, 1999
Referral to the Committee on Ways and Means extended for a period ending
not later than October 18, 1999
OCTOBER 18, 1999
Additional sponsors: Mr. BLILEY, Mr. KUYKENDALL, Mr. WOLF, Mr.
SUNUNU, Mr. HULSHOF, Mr. BALLENGER, Mr. HANSEN, Mr. JENKINS,
Mr. GILLMOR, Mr. MCCOLLUM, Mr. HILL of Montana, and Mr. LUCAS
of Oklahoma
OCTOBER 18, 1999
Committee on Ways and Means 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 February 11, 1999]
A BILL
To send more dollars to the classroom and for certain other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Stu-
dent Results Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I—STUDENT RESULTS
PART A—BASIC PROGRAM
Sec. 101. Low-achieving children meet high standards.
Sec. 102. Purposes and intent.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation and allocation.
Sec. 105. State plans.
Sec. 106. Local educational agency plans.
Sec. 107. Eligible school attendance areas.
Sec. 108. Schoolwide programs.
Sec. 109. Targeted assistance schools.
Sec. 110. School choice.
Sec. 111. Assessment and local educational agency and school improvement.
Sec. 112. State assistance for school support and improvement.
Sec. 113. Academic achievement awards program.
Sec. 114. Parental involvement changes.
Sec. 115. Qualifications for teachers and paraprofessionals.
Sec. 116. Professional development.
Sec. 117. Participation of children enrolled in private schools.
Sec. 118. Coordination requirements.
Sec. 119. Grants for the outlying areas and the Secretary of the Interior.
Sec. 120. Amounts for grants.
Sec. 121. Basic grants to local educational agencies.
Sec. 122. Concentration grants.
Sec. 123. Targeted grants.
Sec. 124. Special allocation procedures.
Sec. 125. Secular, neutral, and nonideological.
PART B—EDUCATION OF MIGRATORY CHILDREN
Sec. 131. State allocations.
Sec. 132. State applications; services.
Sec. 133. Authorized activities.
Sec. 134. Coordination of migrant education activities.
PART C—NEGLECTED OR DELINQUENT YOUTH
Sec. 141. Neglected or delinquent youth.
Sec. 142. Findings.
Sec. 143. Allocation of funds.
Sec. 144. State plan and State agency applications.
Sec. 145. Use of funds.
Sec. 146. Purpose.
Sec. 147. Transition services.
Sec. 148. Programs operated by local educational agencies.
Sec. 149. Local educational agency applications.
Sec. 150. Uses of funds.
Sec. 151. Program requirements.
Sec. 152. Accountability.
Sec. 153. Program evaluations.
PART D—GENERAL PROVISIONS
Sec. 161. General provisions.
PART E—COMPREHENSIVE SCHOOL REFORM
Sec. 171. Comprehensive school reform.
TITLE II—MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL
CHOICE
Sec. 201. Magnet schools assistance.
Sec. 202. Continuation of awards.
TITLE III—TEACHER LIABILITY PROTECTION
Sec. 301. Teacher liability protection.
TITLE IV—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION
Subtitle A—Elementary and Secondary Education Act of 1965
Sec. 401. Amendments.
PART B—NATIVE HAWAIIAN EDUCATION
Sec. 402. Native Hawaiian education.
PART C—ALASKA NATIVE EDUCATION
Sec. 403. Alaska Native education.
Subtitle B—Amendments to the Education Amendments of 1978
Sec. 410. Amendments to the Educations Amendments of 1978.
Subtitle C—Tribally Controlled Schools Act of 1988
Sec. 420. Tribally controlled schools.
TITLE V—GIFTED AND TALENTED CHILDREN
Sec. 501. Amendment to esea relating to gifted and talented children.
TITLE VI—RURAL EDUCATION ASSISTANCE
Sec. 601. Rural education.
TITLE VII—MCKINNEY HOMELESS EDUCATION IMPROVEMENTS ACT
OF 1999
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Purpose.
Sec. 704. Education for homeless children and youth.
TITLE VIII—SCHOOLWIDE PROGRAM ADJUSTMENT
Sec. 801. Schoolwide funds.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a title, chapter, part, sub-
part, section, subsection, or other provision, the reference
shall be considered to be made to a title, chapter, part, sub-
part, section, subsection, or other provision of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.).
TITLE I—STUDENT RESULTS
PART A—BASIC PROGRAM
SEC. 101. LOW-ACHIEVING CHILDREN MEET HIGH STAND-
ARDS.
The heading for title I is amended by striking ‘‘DIS-
ADVANTAGED’’ and inserting ‘‘LOW-ACHIEV-
ING’’.
SEC. 102. PURPOSES AND INTENT.
Section 1001 (20 U.S.C. 6301) is amended to read as
follows:
‘‘SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND REC-
OGNITION OF NEED.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) Schools that enroll high concentrations of
children living in poverty face the greatest challenges
but effective educational strategies based on scientif-
ically based research can succeed in educating chil-
dren to high standards.
‘‘(2) High-poverty schools are much more likely
to be identified as failing to meet State standards for
satisfactory progress. As a result, these schools are
generally the most in need of additional resources and
technical assistance to build the capacity of these
schools to address the many needs of their students.
‘‘(3) The educational progress of children par-
ticipating in programs under this title is closely 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.
‘‘(4) Congress and the public would benefit from
additional data in order to evaluate the efficacy of the
changes made to this title in the Improving America’s
Schools Act of 1994.
‘‘(5) States, local educational agencies, and
schools should be given as much flexibility as possible
in exchange for greater accountability for improving
student achievement.
‘‘(6) Programs funded under this part must dem-
onstrate increased effectiveness in improving schools
in order to ensure all children achieve to high stand-
ards.
‘‘(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:
‘‘(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 and their parents who
are in need of family literacy services.
‘‘(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 must attend local
schools that fail to provide them with a quality edu-
cation, and are given no alternatives to enable them
to receive a quality education.
‘‘(4) States, local educational agencies and
schools should be held accountable for improving the
academic achievement of all students, and for identi-
fying and turning around low-performing schools.
‘‘(5) Federal education assistance is intended not
only to increase pupil achievement overall, but also
more specifically and importantly, to help ensure that
all pupils, especially the disadvantaged, meet chal-
lenging standards for curriculum content and pupil
performance. It can only be determined if schools,
local educational agencies, and States, are reaching
this goal if pupil achievement results are reported
specifically by disadvantaged and minority status.’’.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) LOCAL EDUCATIONAL AGENCY GRANTS.—Sub-
section (a) of section 1002 (20 U.S.C. 6302(a)) is amended
by striking ‘‘$7,400,000,000 for fiscal year 1995’’ and in-
serting ‘‘$8,350,000,000 for fiscal year 2000’’.
(b) EDUCATION
OF MIGRATORY CHILDREN.—Sub-
section (c) of section 1002 (20 U.S.C. 6302(c)) is amended
by striking ‘‘$310,000,000 for fiscal year 1995’’ and insert-
ing ‘‘$400,000,000 for fiscal year 2000’’.
(c) PREVENTION AND INTERVENTION PROGRAMS FOR
YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT RISK
OF DROPPING OUT.—Subsection (d) of section 1002 (20
U.S.C. 6302(d)) is amended by striking ‘‘$40,000,000 for
fiscal year 1995’’ and inserting ‘‘$50,000,000 for fiscal year
2000’’.
(d) CAPITAL EXPENSES.—Subsection (e) of section
1002 (20 U.S.C. 6302(e)) is amended to read as follows:
‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying
out section 1120(e), there are authorized to be appropriated
$15,000,000 for fiscal year 2000, $15,000,000 for fiscal year
2001, and $5,000,000 for fiscal year 2002.’’.
(e) ADDITIONAL ASSISTANCE.—Subsection (f) of sec-
tion 1002 is amended to read as follows:
‘‘(f) SCHOOL IMPROVEMENT.—Each State may reserve
for the purpose of carrying out its duties under section 1116
and 1117, the greater of one half of 1 percent of the amount
allocated under this part, or $200,000.’’.
(f) STATE ADMINISTRATION.—Section 1002 is amend-
ed by adding at the end the following:
‘‘(h) STATE ADMINISTRATION.—
‘‘(1) STATE RESERVATION.—Each State may re-
serve, from the grants 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 parts A,
C, and D, for fiscal year 1999, or $400,000 ($50,000
for each outlying area), to carry out administrative
duties assigned under parts A, C, and D.
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated $10,000,000
for fiscal year 2000 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 grants received by each State for
that fiscal year under parts A, C, and D of this title.
‘‘(3) SPECIAL RULE.—The amount allocated to
each State under this subsection may not exceed the
amount of State funds expended by the State edu-
cational agency to administer elementary and sec-
ondary education programs in such State.’’.
SEC. 104. RESERVATION AND ALLOCATION.
Section 1003 (20 U.S.C. 6303) is repealed.
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as
follows:
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—Any State desiring to receive
a grant under this part shall submit to the Secretary
a plan, developed in consultation with local edu-
cational agencies, teachers, 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, the Carl D. Perkins Vocational and Technical
Education Act of 1998, and the Head Start Act.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 14302.
‘‘(b) STANDARDS, ASSESSMENTS, 
AND
ACCOUNT-
ABILITY.—
‘‘(1) 
CHALLENGING
STANDARDS.—(A) 
Each
State plan shall demonstrate that the State has
adopted challenging content standards and chal-
lenging student performance 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 standards to the
Secretary.
‘‘(B) The standards required by subparagraph
(A) shall be the same standards that the State applies
to all schools and children in the State.
‘‘(C) The State shall have such standards for ele-
mentary and secondary school children served under
this part in subjects determined by the State, but in-
cluding at least mathematics and reading or language
arts, which shall include the same knowledge, skills,
and levels of performance expected of all children.
‘‘(D) Standards under this paragraph shall
include—
‘‘(i) challenging content standards in aca-
demic subjects that—
‘‘(I) specify what children are expected
to know and be able to do;
‘‘(II) contain coherent and rigorous
content; and
‘‘(III) encourage the teaching of ad-
vanced skills;
‘‘(ii) 
challenging 
student 
performance
standards that—
‘‘(I) are aligned with the State’s con-
tent standards;
‘‘(II) describe two levels of high per-
formance, proficient and advanced, that de-
termine how well children are mastering the
material in the State content standards;
and
‘‘(III) describe a third level of perform-
ance, basic, to provide complete information
about the progress of the lower performing
children toward achieving to the proficient
and advanced 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 de-
velop, and has not otherwise developed such stand-
ards, the State plan shall describe a strategy for en-
suring that such students are taught the same knowl-
edge and skills and held to the same expectations as
are all children.
‘‘(2) ADEQUATE YEARLY PROGRESS.—
‘‘(A) IN GENERAL.—Each State plan shall
demonstrate, based on assessments described
under paragraph (4), what constitutes adequate
yearly progress of—
‘‘(i) any school served under this part
toward enabling all children to meet the
State’s challenging student performance
standards;
‘‘(ii) any local educational agency that
received funds under this part toward ena-
bling all children in schools receiving assist-
ance under this part to meet the State’s
challenging student performance standards;
and
‘‘(iii) the State in enabling all children
in schools receiving assistance under this
part to meet the State’s challenging student
performance standards.
‘‘(B) 
DEFINITION.—Adequate 
yearly
progress shall be defined in a manner that—
‘‘(i) applies the same high standards of
academic performance to all students in the
State;
‘‘(ii) takes into account the progress of
all students in the State and in each local
educational agency and school served under
section 1114 or 1115;
‘‘(iii) uses the State challenging con-
tent and challenging student performance
standards and assessments described in
paragraphs (1) and (4);
‘‘(iv) compares separately, within each
State, local educational agency, and school,
the performance and progress of students by
gender, each major ethnic and racial group,
by English proficiency status, by migrant
status, by students with disabilities as com-
pared to nondisabled students, and by eco-
nomically disadvantaged students as com-
pared to students who are not economically
disadvantaged 
(except 
that 
such
disaggregation shall not be required in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or the results would re-
veal individually identifiable information
about an individual student);
‘‘(v) compares the proportions of stu-
dents at the ‘basic’, ‘proficient’, and ‘ad-
vanced’ levels of performance with the pro-
portions of students at each of the 3 levels
in the same grade in the previous school
year;
‘‘(vi) at the State’s discretion, may
also include other academic measures such
as promotion, completion of college pre-
paratory courses, and high school comple-
tion, except that inclusion of such other
measures may not change which schools or
local educational agencies would otherwise
be subject to improvement or corrective ac-
tion under section 1116 if the discretionary
indicators were not included;
‘‘(vii) includes annual numerical goals
for improving the performance of all groups
specified in clause (iv) and narrowing gaps
in performance between these groups; and
‘‘(viii) includes a timeline for ensuring
that each group of students described in
clause (iv) meets or exceeds the State’s pro-
ficient level of performance on each State
assessment used for the purposes of section
1111 and section 1116 within 10 years from
the date of enactment of the Student Results
Act of 1999.
‘‘(C) ANNUAL IMPROVEMENT FOR STATES.—
For a State to make adequate yearly progress
under subparagraph (A)(iii), not less than 90
percent of the local educational agencies within
its jurisdiction shall meet the State’s criteria for
adequate yearly progress.
‘‘(D) ANNUAL
IMPROVEMENT
FOR
LOCAL
EDUCATIONAL
AGENCIES.—For a local edu-
cational agency to make adequate yearly
progress under subparagraph (A)(ii), not less
than 90 percent of the schools within its jurisdic-
tion must meet the State’s criteria for adequate
yearly progress.
‘‘(E) 
ANNUAL
IMPROVEMENT
FOR
SCHOOLS.—For a school to make adequate yearly
progress under subparagraph (A)(i), not less
than 90 percent of each group of students de-
scribed in subparagraph (A)(iv) who are enrolled
in such school are required to take the assess-
ments consistent with section 612(a)(17)(A) of
the Individuals with Disabilities Education Act
and paragraph (4)(F)(iv) on which adequate
yearly progress is based.
‘‘(F) PUBLIC NOTICE AND COMMENT.—Each
State shall ensure that in developing its plan for
adequate yearly progress, it diligently seeks pub-
lic comment from a range of institutions and in-
dividuals in the State with an interest in im-
proved 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 administrators
throughout the State. Such efforts shall include,
at a minimum, publication of such information
and explanatory text, broadly to the public
through such means as the Internet, the media,
and public agencies.
‘‘(G) REVIEW.—The Secretary shall review
the information from States on the adequate
yearly progress of schools and local educational
agencies required under subparagraphs (A) and
(B) for the purpose of determining State and
local compliance with section 1116.
‘‘(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 performance
standards, and assessments aligned with such stand-
ards, which will be applicable to all students enrolled
in the State’s public schools, then the State edu-
cational agency may meet the requirements of this
subsection by—
‘‘(A) adopting standards and assessments
that meet the requirements of this subsection, on
a statewide basis, limiting their applicability to
students served under this part; or
‘‘(B) adopting and implementing policies
that ensure that each local educational agency in
the State which receives grants under this part
will adopt curriculum content and student per-
formance standards, and assessments aligned
with such standards, which meet all of the cri-
teria in this subsection and any regulations re-
garding such standards and assessments which
the Secretary may publish, and which are appli-
cable to all students served by each such local
educational agency.
‘‘(4) ASSESSMENTS.—Each State plan shall
demonstrate that the State has implemented a set of
high-quality, yearly student assessments that include,
at a minimum, assessments in mathematics and
reading or language arts, that will be used, starting
not later than the 2000–2001 school year, as the pri-
mary means of determining the yearly performance of
each local educational agency and school served under
this title in enabling all children served under this
part to meet the State’s challenging student perform-
ance standards. Such assessments shall—
‘‘(A) be the same assessments used to meas-
ure the performance of all children, if the State
measures the performance of all children;
‘‘(B) be aligned with the State’s challenging
content and student performance standards and
provide coherent information about student at-
tainment of such standards;
‘‘(C) be used for purposes for which such as-
sessments are valid and reliable, and be con-
sistent with relevant, nationally recognized pro-
fessional and technical standards for such assess-
ments;
‘‘(D) measure the proficiency of students in
the academic subjects in which a State has
adopted challenging content and student per-
formance standards and be administered not less
than one or more times during—
‘‘(i) grades 3 through 5;
‘‘(ii) grades 6 through 9; and
‘‘(iii) grades 10 through 12;
‘‘(E) involve multiple up-to-date measures
of student performance, including measures that
assess higher order thinking skills and under-
standing;
‘‘(F) provide for—
‘‘(i) the participation in such assess-
ments of all students;
‘‘(ii) the reasonable adaptations and
accommodations for students with disabil-
ities defined under 602(3) of the Individuals
with Disabilities Education Act necessary
to measure the achievement of such students
relative to State content and State student
performance 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
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, except if the
local educational agency determines, on a
case-by-case individual basis, that assess-
ments in another language and form would
likely yield more accurate and reliable in-
formation on what such students know and
can do, the local educational agency may
assess such students in the appropriate lan-
guage other than English for 1 additional
year; and
‘‘(G) include students who have attended
schools in a local educational agency for a full
academic year but have not attended a single
school for a full academic year, except that the
performance of students who have attended more
than one school in the local educational agency
in any academic year shall be used only in de-
termining the progress of the local educational
agency;
‘‘(H) provide individual student reports,
which include assessment scores, or other infor-
mation on the attainment of student perform-
ance standards; and
‘‘(I) enable results to be disaggregated 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.—
‘‘(A) IN
GENERAL.—Assessment measures
that do not meet the requirements of paragraph
(4)(C) may be included as one of the multiple
measures, if a State includes in the State plan
information regarding the State’s efforts to vali-
date such measures.
‘‘(B) STUDENT PROFICIENCY IN GRADES K–
2.—States may measure the proficiency of stu-
dents in the academic subjects in which a State
has adopted challenging content and student per-
formance standards one or more times during
grades K–2.
‘‘(6) LANGUAGE
ASSESSMENTS.—Each State
plan shall identify the languages other than English
that are present in the participating student popu-
lation and indicate the languages for which yearly
student assessments are not available and are needed.
The State shall make every effort to develop such as-
sessments and may request assistance from the Sec-
retary if linguistically accessible assessment measures
are needed. Upon request, the Secretary shall assist
with the identification of appropriate assessment
measures in the needed languages, but shall not man-
date a specific assessment or mode of instruction.
‘‘(7) ASSESSMENT DEVELOPMENT.—A State shall
develop, and implement State assessments that are
aligned to challenging State content standards that
include, at a minimum, mathematics and reading or
language arts by the 2000–2001 school year.
‘‘(8) REQUIREMENT.—Each State plan shall
describe—
‘‘(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; and
‘‘(B) such other factors the State considers
appropriate to provide students an opportunity
to achieve the knowledge and skills described in
the challenging content standards adopted by the
State.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND
LEARNING.—Each State plan shall contain assurances
that—
‘‘(1) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools to carry out the State educational agency’s re-
sponsibilities under this part, including technical as-
sistance in providing professional development under
section 1119 and technical assistance under section
1117; and
‘‘(2)(A) where educational service agencies exist,
the State educational agency will consider providing
‘‘(B) approve a State plan after its submis-
sion unless the Secretary determines that the
plan does not meet the requirements of this sec-
tion;
‘‘(C) if the Secretary determines that the
State plan does not meet the requirements of sub-
section (a), (b), or (c), immediately notify the
State of such determination and the reasons for
such determination;
‘‘(D) not decline to approve a State’s plan
before—
‘‘(i) offering the State an opportunity
to revise its plan;
‘‘(ii) providing technical assistance in
order to assist the State to meet the require-
ments under subsections (a), (b), and (c);
and
‘‘(iii) providing a hearing;
‘‘(E) have the authority to disapprove a
State plan for not meeting the requirements of
this part, but shall not have the authority to re-
quire a State, as a condition of approval of the
State plan, to include in, or delete from, such
plan one or more specific elements of the State’s
content standards or to use specific assessment
instruments or items; and
‘‘(2) STATE REVISIONS.—States shall revise their
plans if necessary to satisfy the requirements of this
section. Revised plans shall be submitted to the Sec-
retary for approval not later than 1 year after the
date of the enactment of the Student Results Act of
1999.
‘‘(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 Student Results Act of 1999;
‘‘(B) remain in effect for the duration of the
State’s participation under this part; and
‘‘(C) be periodically reviewed and revised by
the State, as necessary, to reflect changes in the
State’s strategies and programs under this part.
‘‘(2) ADDITIONAL
INFORMATION.—If the State
makes significant changes in its plan, such as the
adoption of new State content standards and State
student performance standards, new assessments, or a
new definition of adequate yearly progress, the State
shall submit such information to the Secretary.
‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this
part shall be construed to authorize an officer or employee
of the Federal Government to mandate, direct, or control
a State, local educational agency, or school’s specific in-
structional content or student performance standards and
assessments, curriculum, or program of instruction, as a
condition of eligibility to receive funds under this part.
‘‘(g) PENALTIES.—
‘‘(1) IN GENERAL.—If a State fails to meet the
statutory deadlines for demonstrating that it has in
place challenging content standards and student per-
formance standards and assessments, and a system
for measuring and monitoring adequate yearly
progress, the State shall be ineligible to receive any
administrative funds under section 1002(h) that ex-
ceed the amount received by the State for such pur-
pose in the previous year.
‘‘(2) ADDITIONAL FUNDS.—Based on the extent
to which such content standards, performance stand-
ards, assessments, and monitoring of adequate yearly
progress, are not in place, additional administrative
funds shall be withheld in such amount as the Sec-
retary determines appropriate, except that for each
additional year that the State fails to comply with
such requirements, the Secretary shall withhold not
less than 1⁄5 of the amount the State receives for ad-
ministrative expenses under section 1002(h).
‘‘(3) WAIVER.—Notwithstanding title XIV of this
Act and the Education Flexibility Partnership Act or
any other provision of law, a waiver shall not be
granted except that a State may request a 1-time, 1-
year waiver to meet the requirements of this section.’’.
‘‘(h) SCHOOL REPORTS.—
‘‘(1) IN GENERAL.—
‘‘(A) ANNUAL REPORT.—Except as provided
in subparagraph (C), not later than the begin-
ning of the 2001–2002 school year, a State that
receives assistance under this Act shall prepare
and disseminate an annual report on all schools
that receive funds under this part. States and
local educational agencies may issue report cards
under this section only for local educational
agencies and schools receiving funds under this
part, except that if a State or local educational
agency issues a report card for all students, the
State or local educational agency may include
the information under this section as part of
such report card.
‘‘(B) IMPLEMENTATION.—The State shall
ensure the dissemination of this information at
all levels. Such information shall be—
‘‘(i) concise; and
‘‘(ii) presented in a format and man-
ner that parents can understand, and
which, to the extent practicable, shall be in
a language the parents can understand.
‘‘(C) PUBLIC DISSEMINATION.—In the event
the State does not include such information
through a report card, the State shall, not later
than the beginning of the 2001–2002 school year,
publicly report the information described in
paragraph (2) through other public means, such
as posting on the Internet, distribution to the
media, and distribution through public agencies,
for all schools that receive funds under this part.
‘‘(2) CONTENT OF ANNUAL STATE REPORTS.—
‘‘(A) REQUIRED INFORMATION.—The State
shall, at a minimum, include in the annual
State reports information for the State on each
local educational agency and school receiving
funds under this part regarding—
‘‘(i) student performance on statewide
assessments for the current and preceding
years in at least reading or language arts
and mathematics, including—
‘‘(I) a comparison of the propor-
tions of students who performed at
‘basic’, ‘proficient’, and ‘advanced’ lev-
els in each subject area, for each grade
level at which assessments are required
under this part, with proportions in
each of the same 3 categories at the
same grade levels in the previous school
year; and
‘‘(II) a statement of the percent-
age of students not tested and a listing
of categories of the reasons why they
were not tested;
‘‘(ii) retention in grade, completion of
advanced placement courses, and 4-year
graduation rates;
‘‘(iii) the professional qualifications of
teachers in the aggregate, including the per-
centage of teachers teaching with emergency
or provisional credentials, and the percent-
age of class sections not taught by fully
qualified teachers; and
‘‘(iv) the professional qualifications of
paraprofessionals, the number of para-
professionals in the aggregate and the ratio
of paraprofessionals to teachers in the class-
room.
‘‘(B) STUDENT
DATA.—Student data in
each report shall contain disaggregated results
for the following categories:
‘‘(i) gender;
‘‘(ii) racial and ethnic group;
‘‘(iii) migrant status;
‘‘(iv) students with disabilities, as com-
pared to students who are not disabled;
‘‘(v) economically disadvantaged stu-
dents, as compared to students who are not
economically disadvantaged; and
‘‘(vi) students with limited English
proficiency, as compared to students who
are proficient in English.
‘‘(C) OPTIONAL
INFORMATION.—A State
may include in its report any other information
it determines appropriate to reflect school qual-
ity and school achievement, including informa-
tion on average class size by grade level, and in-
formation on school safety, such as the incidence
of school violence and drug and alcohol abuse,
and the incidence of student suspensions and ex-
pulsions.
‘‘(3) CONTENT OF LOCAL EDUCATIONAL AGEN-
CIES REPORTS.—
‘‘(A) MINIMUM REQUIREMENTS.—The State
shall ensure that each local educational agency
collects appropriate data and includes in its an-
nual report for each school that receives funds
under this part, at a minimum—
‘‘(i) the information described in para-
graphs (2)(A) and (2)(B) for each local edu-
cational agency and school—
‘‘(I) in the case of a local edu-
cational agency—
‘‘(aa) the number and per-
centage of schools identified for
school 
improvement, 
including
schools identified under section
1116(c) of this Act;
‘‘(bb) information that shows
how students in its schools per-
form on the statewide assessment
compared to students in the State
as a whole;
‘‘(II) in the case of a school—
‘‘(aa) whether it has been
identified for school improvement;
and
‘‘(bb) information that shows
how its students performed on the
statewide assessment compared to
students in the local educational
agency and the State as a whole.
‘‘(B) OTHER INFORMATION.—A local edu-
cational agency may include in its annual re-
ports any other appropriate information whether
or not such information is included in the an-
nual State report.
‘‘(C) PUBLIC DISSEMINATION.—In the event
the local educational agency does not include
such information through a report card, the local
educational agency shall, not later than the be-
ginning of the 2001-2002 school year, publicly
report the information described in paragraph
(3) through other public means, such as posting
on the Internet, distribution to the media, and
distribution through public agencies, only for
schools that receive funds under this part, except
that if a local educational agency issues a report
card for all students, the local educational agen-
cy may include the information under this sec-
tion as part of such report.
‘‘(4) DISSEMINATION AND ACCESSIBILITY OF RE-
PORTS.—
‘‘(A) STATE
REPORTS.—State annual re-
ports under paragraph (2) shall be, disseminated
to all schools and local educational agencies in
the State, and made broadly available to the
public through means such as posting on the
Internet, distribution to the media, and distribu-
tion through public agencies.
‘‘(B) LOCAL
EDUCATIONAL
AGENCY
RE-
PORTS.—Local educational agency reports under
paragraph (3) shall be disseminated to all
schools receiving funds under this part, in the
school district and to all parents of students at-
tending these schools and made broadly available
to the public through means such as posting on
the Internet, distribution to the media, and dis-
tribution through public agencies.
‘‘(5) PARENTS RIGHT-TO-KNOW.—
‘‘(A) QUALIFICATIONS.—A local educational
agency that receives funds under this part shall
provide, upon request, in an understandable and
uniform format, to any parent of a student at-
tending any school receiving funds under this
part, information regarding the professional
qualifications of the student’s classroom teachers,
including, at a minimum, the following:
‘‘(i) Whether the teacher has met State
qualification and licensing criteria for the
grade levels and subject areas in which the
teacher provides instruction.
‘‘(ii) Whether the teacher is teaching
under emergency or other provisional 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.
‘‘(iv) Whether the child is provided
services by paraprofessionals and the quali-
fications of such paraprofessional.
‘‘(B) ADDITIONAL INFORMATION.—In addi-
tion to the information which parents may re-
quest under subparagraph (A), and the informa-
tion provided in subsection (c), a school which
receives funds under this part shall provide to
each individual parent or guardian—
‘‘(i) information on the level of per-
formance of the individual student for
whom they are the parent or guardian in
each of the State assessments as required
under this part; and
‘‘(ii) timely notice that the student for
whom they are the parent or guardian has
been assigned or has been taught for 2 or
more consecutive weeks by a substitute
teacher or by a teacher not fully qualified.
‘‘(6) PLAN CONTENT.—A State shall include in
its plan under subsection (b) an assurance that it has
in effect a policy that meets the requirements of this
section.
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that
protects the privacy of individuals.’’.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) SUBGRANTS.—Paragraph (1) of section 1112(a)
(20 U.S.C. 6312(a)(1)) is amended by striking ‘‘the Goals
2000: Educate America Act’’ and all that follows and in-
serting the following: ‘‘the Individuals with Disabilities
Education Act, the Carl D. Perkins Vocational and Tech-
nical Education Act of 1998, the Head Start Act, and other
Acts, as appropriate.’’.
(b) PLAN PROVISIONS.—Subsection (b) of section 1112
(20 U.S.C. 6312(b)) is amended—
(1) by striking ‘‘Each’’ in the matter preceding
paragraph (1) and inserting ‘‘In order to help low-
achieving children achieve to high standards, each’’;
(2) in paragraph (1)—
(A) by striking ‘‘part’’ each place it appears
and inserting ‘‘title’’;
(B) in subparagraph (B), by inserting
‘‘low-achieving’’ before ‘‘children’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(D) by inserting ‘‘and’’ at the end of sub-
paragraph (C); and
(E) by adding at the end the following new
subparagraph:
‘‘(D) determine the literacy levels of first
graders and their need for interventions, and a
description of how the local educational agency
will ensure that any such assessments—
‘‘(i) are developmentally appropriate;
and
‘‘(ii) use multiple measures to provide
information about the variety of skills that
scientifically based research has identified
as leading to early acquisition of reading
skills.’’;
(3) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘, and
school-to-work transition programs’’; and
(B) in subparagraph (B), by striking
‘‘under part C or who were formerly eligible for
services under part C in the two-year period pre-
ceding the date of the enactment of the Improv-
ing America’s School Act of 1994, neglected or
delinquent youth and youth at risk of dropping
out’’ and inserting ‘‘under part C, neglected or
delinquent youth, Indian children served under
title IX,’’;
(4) in paragraph (7), by striking ‘‘eligible home-
less children’’ and inserting ‘‘homeless children’’;
(5) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(6) by adding at the end the following new para-
graphs:
‘‘(10) a description of the actions the local edu-
cational agency will take to assist its low-performing
schools, including schools identified under section
1116 as in need of improvement; and
‘‘(11) a description of how the agency will pro-
mote the use of extended learning time, such as an ex-
tended school year and before and after school and
summer programs.’’.
(c) ASSURANCES.—Subsection (c) of section 1112 (20
U.S.C. 6312(c)) is amended to read as follows:
‘‘(c) ASSURANCES.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy plan shall provide assurances that the local edu-
cational agency will—
‘‘(A) inform eligible schools and parents of
schoolwide project authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
‘‘(B) provide technical assistance and sup-
port to schoolwide programs;
‘‘(C) work in consultation with schools as
the schools develop the schools’ plans pursuant to
section 1114 and assist schools as the schools 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 performance standards;
‘‘(D) fulfill such agency’s school improve-
ment responsibilities under section 1116, includ-
ing taking corrective actions under section
1116(b)(9);
‘‘(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-
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 performance standards established
under section 641A(a) of the Head Start Act;
‘‘(H) comply with the requirements of sec-
tion 1119 regarding the qualifications of 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 XIV of this Act,
and if the State is an Ed-Flex Partnership
State, 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.
‘‘(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) upon publication, shall disseminate to
local educational agencies the Head Start per-
formance standards as in effect under section
641A(a) of the Head Start Act, and such agen-
cies affected by such subparagraph shall plan for
the implementation of such subparagraph (tak-
ing into consideration existing State and local
laws, and local teacher contracts), including pur-
suing 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.’’.
(d) PLAN DEVELOPMENT
AND DURATION.—Section
1112 is amended by striking subsection (d) and inserting
the following:
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational
agency plan shall be developed in consultation with
teachers, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents
of children in schools served under this part.
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of the enactment of the Student
Results Act of 1999 and shall remain in effect for the
duration of the agency’s participation under this
part.
‘‘(3) REVIEW.—Each such local educational
agency shall periodically review, and as necessary, re-
vise its plan.’’.
(e) STATE
APPROVAL.—Section 1112 (20 U.S.C.
6312(e)) is amended by striking subsection (e) and inserting
the following:
‘‘(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—
‘‘(A) will enable schools served under this
part to substantially help children served under
this part meet the standards expected of all chil-
dren described in section 1111(b)(1); and
‘‘(B) will meet the requirements of this sec-
tion.’’.
(f) PARENTAL
NOTIFICATION
AND
CONSENT
FOR
ENGLISH LANGUAGE INSTRUCTION.—Section 1112 (20
U.S.C. 6312) is amended by adding at the end the following:
‘‘(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; and
‘‘(C) how the English language instruction
program will specifically help the child acquire
English and meet age-appropriate standards for
grade promotion and graduation;
‘‘(D) what the specific exit requirements are
for the program;
‘‘(E) the expected rate of graduation from
the program into mainstream classes; and
‘‘(F) the expected rate of graduation from
high school for the program if funds under this
part are used for children in secondary schools.
‘‘(2) CONSENT.—
‘‘(A) AGENCY REQUIREMENTS.—
‘‘(i) Each local educational agency that
receives funds under this part shall 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
this part which does not include classes
which exclusively or almost exclusively use
the English language in instruction or if
instruction is not tailored for limited
English proficient children.
‘‘(ii) 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 obtained.
‘‘(iii)(I) If a response cannot be ob-
tained after written notice and a reasonable
and substantial effort has been made to ob-
tain such consent, the local educational
agency shall document, in writing, that it
has given such written notice and its spe-
cific efforts made to obtain such consent.
‘‘(II) The proof of documentation shall
be mailed or delivered in writing to the
parents or guardian of the child at least 10
business days prior to providing any serv-
ices under this part, and include a final no-
tice requesting parental consent for such
services.
‘‘(B) PARENTAL RIGHTS.—A parent or the
parents of a child participating in an English
language 
instruction 
program 
for 
limited
English proficient children assisted under this
Act shall—
‘‘(i) select among methods of instruc-
tion, if more than one method is offered in
the program; and
‘‘(ii) have the right to have their child
immediately removed from the program
upon their request.
‘‘(3) RECEIPT OF INFORMATION.—A parent or
the parents of a child 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 Act; and
‘‘(B) if a parent of a participating child so
desires, notice of opportunities for regular meet-
ings for the purpose of formulating and respond-
ing to recommendations from such parents.
‘‘(4) 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. 107. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended to read as
follows:
‘‘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-
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 one additional fiscal
year; and
‘‘(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).
‘‘(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
‘‘(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 National School
Lunch Act, the number of children in families receiv-
ing 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;
‘‘(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.
‘‘(B) COMPLAINT
PROCESS.—Any dispute
regarding low-income data on private school stu-
dents shall be subject to the complaint process
authorized in section 14505.
‘‘(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.—
‘‘(1) IN GENERAL.—A local educational agency shall
allocate funds received under this part to eligible school at-
tendance areas or eligible schools, identified under sub-
section (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
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;
‘‘(B) children in local institutions for ne-
glected or delinquent children; and
‘‘(C) where appropriate, neglected and de-
linquent children in community day school pro-
grams.
‘‘(4) SCHOOL
IMPROVEMENT
RESERVATION.—A
local educational agency shall reserve such funds as
are necessary under this part to meet such agency’s
school improvement responsibilities under section
1116, including taking corrective actions under sec-
tion 1116(b)(9).
‘‘(5) FINANCIAL INCENTIVES AND REWARDS RES-
ERVATION.—A local educational agency may reserve
such funds as are necessary under this part to provide
financial incentives and rewards to teachers who serve
in eligible schools 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. 108. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended to read as
follows:
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) PURPOSE.—The purpose of a schoolwide 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 standards for student
performance, 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 50 percent of the children are from low-in-
come families, or not less than 50 percent of the chil-
dren enrolled in the school are from such families.
‘‘(2) STATE ASSURANCES.—A local educational
agency may start new schoolwide programs under
this section only after the State educational agency
provides written information to each local edu-
cational agency in the State that demonstrates that
such State educational agency has established the
statewide system of support and improvement re-
quired by subsections (c)(1) and (e) of section 1117.
‘‘(3) IDENTIFICATION
OF
STUDENTS
NOT
RE-
QUIRED.—(A) No school participating in a schoolwide
program shall be required to identify particular chil-
dren under this part as eligible to participate in a
schoolwide program or to provide supplemental serv-
ices to such children.
‘‘(B) A school participating in a schoolwide pro-
gram shall use funds available to carry out this sec-
tion only to supplement the amount of funds that
would, in the absence of funds under this part, be
made available from non-Federal sources for the
school, including funds needed to provide services that
are required by law for children with disabilities and
children with limited English proficiency.
‘‘(4) EXEMPTION FROM STATUTORY AND REGU-
LATORY REQUIREMENTS.—(A) Except as provided in
subsection (c), the Secretary may, through publication
of a notice in the Federal Register, exempt schoolwide
programs under this section from statutory or regu-
latory provisions of any other noncompetitive formula
grant program administered by the Secretary (other
than formula or discretionary grant programs under
the Individuals with Disabilities Education Act, ex-
cept 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 programs are met.
‘‘(B) A school that chooses to use funds from such
other programs shall not be relieved of the require-
ments relating to health, safety, civil rights, student
and parental participation and involvement, services
to private school children, maintenance of effort, uses
of Federal funds to supplement, not 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)(i) A school that consolidates funds from dif-
ferent Federal programs under this section shall not
be required to maintain separate fiscal accounting
records, by program, that identify the specific activi-
ties supported by those particular funds as long as it
maintains 
records 
that 
demonstrate 
that 
the
schoolwide program, considered as a whole addresses
the intent and purposes of each of the Federal pro-
grams 
that 
were 
consolidated 
to 
support 
the
schoolwide program.
‘‘(5) 
PROFESSIONAL
DEVELOPMENT.—Each
school receiving funds under this part for any fiscal
year shall devote sufficient resources to effectively
carry out the activities described in subsection
(c)(1)(E) in accordance with section 1119A for such
fiscal year, except that a school may enter into a 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 content standards and the State stu-
dent performance standards described in section
1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all chil-
dren to meet the State’s proficient and ad-
vanced levels of student performance de-
scribed in section 1111(b)(1)(D);
‘‘(ii) use effective methods and 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 per-
formance standards who are members of the
target population of any program that is
included in the schoolwide program;
‘‘(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.
‘‘(D) Instruction by fully qualified (as de-
fined in section 1610) teachers.
‘‘(E) In accordance with section 1119A,
high quality and ongoing professional develop-
ment for teachers and paraprofessionals, and,
where appropriate, pupil services personnel, par-
ents, principals, and other staff to enable all
children in the school to meet the State’s student
performance standards.
‘‘(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,
such as Head Start, Even Start, or a State-run
preschool program, to local elementary school
programs.
‘‘(H) Measures to include teachers in the de-
cisions regarding the use of assessments described
in section 1111(b)(4) in order to provide infor-
mation on, and to improve, the performance of
individual students and the overall instructional
program.
‘‘(I) Activities to ensure that students who
experience difficulty mastering the proficient or
advanced levels of performance standards re-
quired by section 1111(b) shall be provided with
effective, timely additional assistance which shall
include measures to ensure that students’ dif-
ficulties are identified on a timely basis and to
provide sufficient information on which to base
effective assistance.
‘‘(2) PLAN.—Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in exist-
ence on the day before the date of enactment of the
Student Results Act of 1999), a comprehensive plan
for reforming the total instructional program in the
school that—
‘‘(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;
‘‘(C) includes a list of State and local edu-
cational agency programs and other Federal pro-
grams under subsection (b)(4) that will be con-
solidated in the schoolwide program;
‘‘(D) describes how the school will provide
individual student assessment results, including
an interpretation of those results, to the parents
of a child who participates in the assessments re-
quired by section 1111(b)(4) and in a format
and, to the extent practicable, in a language that
they can understand; and
‘‘(E) provides for the collection of data on
the achievement and assessment results of stu-
dents disaggregated by gender, major ethnic or
racial groups, limited English proficiency status,
migrant students, by children with disabilities as
compared to other students, and by economically
disadvantaged students as compared to students
who are not economically disadvantaged, except
that such disaggregation shall not be required in
a case in which the number of students in a cat-
egory is insufficient to yield statistically reliable
information or the results would reveal individ-
ually identifiable information about an indi-
vidual student.
‘‘(3) PLAN DEVELOPMENT.—The comprehensive
plan shall be—
‘‘(A) developed during a 1-year period,
unless—
‘‘(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 date of
enactment of the Student Results Act of
1999, 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 under such
Act to reflect the provisions of this section;
‘‘(B) developed with the involvement of the
community to be served and individuals who
will carry out such plan, including teachers,
principals, administrators (including adminis-
trators of programs described in other parts of
this title), if appropriate pupil services per-
sonnel, school staff and parents, and, if the plan
relates to a secondary school, students from such
school;
‘‘(C) in effect for the duration of the school’s
participation under this part and 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 the Reading Excel-
lence Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the Head Start
Act, and part B of this title.
‘‘(d) ACCOUNTABILITY.—A schoolwide program under
this section shall be subject to the school improvement provi-
sions of section 1116.’’.
SEC. 109. TARGETED ASSISTANCE SCHOOLS.
(a) IN GENERAL.—Subsection (a) of section 1115 (20
U.S.C. 6315(a)) is amended by striking ‘‘section 1113(c)’’
and inserting ‘‘section 1113(f)’’.
(b) ELIGIBLE CHILDREN.—Subsection (b) of section
1115 (20 U.S.C. 6315(b)) is amended to read as follows:
‘‘(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
‘‘(ii) children who are not yet at a grade
level where the local educational agency provides
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 performance
standards on the basis of assessments under this part,
and, as appropriate, on the basis of multiple, educa-
tionally related, objective criteria established by the
local educational agency and supplemented by the
school, except that children from preschool through
grade 2 may be selected solely on the basis of such cri-
teria as teacher judgment, interviews with parents,
and developmentally 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
made, participated in a Head Start or Even Start
program or in preschool services under this title, is el-
igible 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 TARGETED ASSISTANCE SCHOOL
PROGRAM.—Subsection (c) of section 1115 (20 U.S.C.
6315(c)) is amended to read as follows:
‘‘(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 performance 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
such State’s challenging student performance
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 to elemen-
tary school programs;
‘‘(E) provide instruction by fully qualified
teacher as defined in section 1610;
‘‘(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 per-
formance by—
‘‘(A) the coordination of resources provided
under this part with other resources; and
‘‘(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 per-
formance standards, such as an extended school
year, before- and after-school, and summer, pro-
grams and opportunities, training for teachers
regarding how to identify students that require
additional assistance, and training for teachers
regarding how to implement student performance
standards in the classroom.’’.
(d) INTEGRATION
OF
PROFESSIONAL
DEVELOP-
MENT.—Subsection (d) of section 1115 (20 U.S.C. 6515(d)
is amended to read as follows:
‘‘(d) INTEGRATION
OF
PROFESSIONAL
DEVELOP-
MENT.—To promote the integration of staff supported with
funds under this part, public school personnel who are paid
with funds received under this part may participate in gen-
eral professional development and school planning activi-
ties.’’.
(e) COMPREHENSIVE SERVICES.—Paragraph (2) of
section 1115(e) (20 U.S.C. 6315(e)(2)) is amended—
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as sub-
paragraph (B).
SEC. 110. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) 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 assurances that—
‘‘(1) all eligible students across grade levels
served under this part will have equal access to the
program;
‘‘(2) the program does not include schools that
follow a racially discriminatory policy;
‘‘(3) describe how the school will use resources
under this part and from other sources to implement
the plan;
‘‘(4) 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;
‘‘(5) 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
availability to them, and a clear explanation of how
the program will operate;
‘‘(6) 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;
‘‘(7) transportation services or the costs of trans-
portation may be provided by the local educational
agency with funds under this part; and
‘‘(8) such local educational agency will comply
with the other requirements of this part.’’.
SEC. 111. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT.
(a) LOCAL REVIEW.—Section 1116(a) (20 U.S.C.
6317(a)) is amended—
(1) 
in 
paragraph 
(2), 
by 
striking
‘‘1111(b)(2)(A)(i)’’ and inserting ‘‘1111(b)(2)(B)’’;
(2) in paragraph (3), by striking ‘‘individual
school performance profiles’’ and inserting ‘‘school re-
ports’’;
(3) in paragraph (3), by striking ‘‘and’’ after the
semicolon;
(4) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(5) review the effectiveness of the actions and
activities the schools are carrying out under this part
with respect to parental involvement assisted under
this Act.’’.
(b) SCHOOL IMPROVEMENT.—Section 1116 (20 U.S.C.
6317) is amended by striking subsection (b) and by redesig-
nating subsections (c) and (d) as subsections (b) and (c),
respectively, and amending them to read as follows:
‘‘(b) SCHOOL IMPROVEMENT.—
‘‘(1) IN GENERAL.—A local educational agency
shall identify for school improvement any school
served under this part that—
‘‘(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) was in school improvement status
under this section on the day preceding the date
of the enactment of the Student Results Act of
1999.
‘‘(2) TRANSITION.—The 2-year period described
in paragraph (1)(A) shall include any continuous pe-
riod of time immediately preceding the date of the en-
actment of the Student Results Act of 1999 during
which a school did not make adequate yearly progress
as defined in the State’s plan, as such plan was in
effect on the day preceding the date of such enact-
ment.
‘‘(3) TARGETED ASSISTANCE SCHOOLS.—To de-
termine if a school that is conducting a targeted as-
sistance program under section 1115 should be identi-
fied as in need of improvement under this subsection,
a local educational agency may choose to review the
progress of only those students in such school who are
served under this part.
‘‘(4) OPPORTUNITY
TO
REVIEW
AND
PRESENT
EVIDENCE.—
‘‘(A) IN
GENERAL.—Before identifying a
school for school improvement under paragraph
(1), the local educational agency shall provide
the school with an opportunity to review the
school-level data, including assessment data, on
which the proposed identification is based.
‘‘(B) SUPPORTING
EVIDENCE.—If the school
principal believes that the proposed identification is
in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the
local educational agency, which such agency shall
consider before making a final determination.
‘‘(5) NOTIFICATION TO PARENTS.—A local edu-
cational agency shall, in an easily understandable
format, provide in writing to parents of each student
in a school identified for school improvement—
‘‘(A) an explanation of what the school im-
provement identification means and how the
school compares in terms of academic perform-
ance to other schools in the local educational
agency and State;
‘‘(B) the reasons for such identification;
‘‘(C) the data on which such identification
is based;
‘‘(D) an explanation of what the school is
doing to address the problem of low achievement;
‘‘(E) an explanation of how parents can be-
come involved in upgrading the quality of the
school;
‘‘(F) an explanation of the right of parents,
pursuant to paragraph (6), to transfer their
child to another public school, including a public
charter school, that is not in school improvement,
and how such transfer shall operate; and
‘‘(G) notification to parents in a format
and, to the extent practicable, in a language they
can understand.
‘‘(6) PUBLIC SCHOOL CHOICE OPTION.—
‘‘(A) SCHOOLS IDENTIFIED FOR IMPROVE-
MENT.—
‘‘(i) SCHOOLS IDENTIFIED ON OR BE-
FORE
ENACTMENT.—Not later than 18
months after the date of enactment of the
Student Results Act of 1999, a local edu-
cational agency shall provide all students
enrolled in a school identified (on or before
such date of enactment) for school improve-
ment with an option to transfer to any
other public school within the local edu-
cational agency or any public school con-
sistent with subparagraph (B), including a
public charter school that has not been iden-
tified for school improvement, unless such
option to transfer is prohibited by State
law, or local law, which includes school
board-approved local educational agency
policy.
‘‘(ii) SCHOOLS IDENTIFIED AFTER EN-
ACTMENT.—Not later than 18 months after
the date on which a local educational agen-
cy identifies a school for school improve-
ment, the agency shall provide all students
enrolled in such school with an option de-
scribed in clause (i).
‘‘(B) COOPERATIVE AGREEMENT.—If all public
schools in the local educational agency to which a
child may transfer to, are identified for school im-
provement, the agency shall, to the extent practicable,
establish a cooperative agreement with other local
educational agencies in the area for the transfer.
‘‘(C) TRANSPORTATION.—The local educational
agency in which the schools have been identified for
improvement may use funds under this part to pro-
vide transportation to students whose parents choose
to transfer their child or children to a different school.
‘‘(D) CONTINUE OPTION.—Once a school is no
longer identified for school improvement, the local
educational agency shall continue to provide public
school choice as an option to students in such school
for a period of not less than 2 years.
‘‘(7) SCHOOL PLAN.—
‘‘(A) IN GENERAL.—Each school identified
under paragraph (1) for school improvement
shall, not later than 3 months after being so
identified, develop or revise a school plan, in
consultation with parents, school staff, the local
educational agency, and other outside experts for
approval by the local educational agency. Such
plan shall—
‘‘(i) incorporate scientifically-based research
strategies that strengthen the core academic pro-
gram in the school;
‘‘(ii) adopt policies that have the greatest
likelihood of improving the performance of par-
ticipating children in meeting the State’s student
performance standards;
‘‘(iii) address the professional development
needs of staff, particularly teachers and prin-
cipals;
‘‘(iv) establish specific goals and objectives
the school will undertake for making adequate
yearly progress which include specific numerical
performance goals and targets for each of the
groups of students identified in the disaggregated
data pursuant to section 1111(b)(2);
‘‘(v) identify how the school will provide
written notification to parents, in a format and
to the extent practicable in a language such par-
ents can understand; and
‘‘(vi) specify the responsibilities of the local
educational agency and the school under the
plan.
‘‘(B) CONDITIONAL
APPROVAL.—A local edu-
cational agency may condition approval of a school
plan on inclusion of 1 or more of the corrective ac-
tions specified in paragraph (9).
‘‘(C) IMPLEMENTATION.—A school shall imple-
ment its plan or revised plan expeditiously, but not
later than the beginning of the school year after which
the school has been identified for improvement.
‘‘(D) REVIEW.—The local educational agency
shall promptly review the plan, work with the school
as necessary, and approve the plan if it meets the re-
quirements of this section.
‘‘(8) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—For each school identi-
fied for school improvement under paragraph
(1), the local educational agency shall provide
technical assistance as the school develops and
implements its plan.
‘‘(B) SPECIFIC
TECHNICAL
ASSISTANCE.—Such
technical assistance—
‘‘(i) shall include effective methods and in-
structional strategies that are based upon sci-
entifically based research that strengthens the
core academic program in the school and ad-
dresses the specific elements of student perform-
ance problems in the school;
‘‘(ii) may be provided directly by the local
educational agency, through mechanisms author-
ized under section 1117, or with the local edu-
cational agency’s approval, by an institution of
higher education, a private nonprofit organiza-
tion, an educational service agency, a com-
prehensive regional assistance center under part
A of title XIII, or other entities with experience
in helping schools improve achievement.
‘‘(C) TECHNICAL ASSISTANCE.—Technical assist-
ance provided under this section by the local edu-
cational agency or an entity authorized by such agen-
cy shall be based upon scientifically based research.
‘‘(9) CORRECTIVE ACTION.—In order to help stu-
dents served under this part meet challenging State
standards, each local educational agency shall imple-
ment a system of corrective action in accordance with
the following:
‘‘(A) IN
GENERAL.—After providing tech-
nical assistance under paragraph (8) and subject
to subparagraph (F), the local educational
agency—
‘‘(i) may take corrective action at any
time with respect to a school that has been
identified under paragraph (1);
‘‘(ii) shall take corrective action with
respect to any school that fails to make ade-
quate yearly progress, as defined by the
State, after the end of the second year fol-
lowing its identification under paragraph
(1); and
‘‘(iii) shall continue to provide tech-
nical assistance while instituting any cor-
rective action under clause (i) or (ii).
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘corrective action’ means action,
consistent with State and local law, that—
‘‘(i) substantially and directly re-
sponds to the consistent academic failure
that caused the local educational agency to
take such action and to any underlying
staffing, curricular, or other problems in the
school; and
‘‘(ii) is designed to substantially in-
crease the likelihood that students will per-
form at the proficient and advanced per-
formance levels.
‘‘(C) CERTAIN SCHOOLS.—In the case of a
school described in subparagraph (A)(ii), the
local educational agency shall take not less than
1 of the following corrective actions:
‘‘(i) Withhold funds from the school.
‘‘(ii) Decrease decisionmaking author-
ity at the school level.
‘‘(iii) Make alternative governance ar-
rangements, including reopening the school
as a public charter school.
‘‘(iv) Reconstitute the school by requir-
ing each person employed at the school to
reapply for future employment at the same
school or for any position in the local edu-
cational agency.
‘‘(v) Authorize students to transfer to
other higher performing public schools
served by the local educational agency, in-
cluding public charter schools, and provide
such students transportation (or the costs of
transportation) to such schools in conjunc-
tion with not less than 1 additional action
described under this subparagraph.
‘‘(vi) Institute and fully implement a
new curriculum, including appropriate pro-
fessional development for all relevant staff,
that is based upon scientifically based re-
search and offers substantial promise of im-
proving educational achievement for low-
performing students.
‘‘(D) IMPLEMENTATION
DELAY.—A local
educational agency may delay, for a period not
to exceed 1 year, implementation of corrective
action only if the failure to make adequate year-
ly 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.
‘‘(E) PUBLICATION.—The local educational
agency shall publish, and disseminate to the pub-
lic and to parents in a format and, to the extent
practicable, in a language that they can under-
stand, any corrective action it takes under this
paragraph through such means as the Internet,
the media, and public agencies.
‘‘(F) REVIEW.—(i) Before taking corrective
action with respect to any school under this
paragraph, a local educational agency shall pro-
vide the school an opportunity to review the
school level data, including assessment data, on
which the proposed determination is made.
‘‘(ii) If the school believes that the proposed
determination is in error for statistical or other
substantive reasons, it may provide supporting
evidence to the local educational agency, which
shall consider such evidence before making a
final determination.
‘‘(10) STATE
EDUCATIONAL
AGENCY
RESPON-
SIBILITIES.—If a State educational agency deter-
mines that a local educational agency failed to carry
out its responsibilities under this section, it shall take
such action as it finds necessary, consistent with this
section, to improve the affected schools and to ensure
that the local educational agency carries out its re-
sponsibilities under this section.
‘‘(11) SPECIAL RULE.—Schools that, for at least
two of the three years following identification under
paragraph (1), make adequate yearly progress toward
meeting the State’s proficient and advanced levels of
performance shall no longer be identified for school
improvement.
‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN-
CY IMPROVEMENT.—
‘‘(1) IN GENERAL.—A State educational agency
shall—
‘‘(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools receiving
assistance under this part are making adequate
yearly progress as defined in section 1111(b)(2)
toward meeting the State’s student performance
standards; and
‘‘(B) publicize and disseminate to local 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 educational
agency shall identify for improvement any local edu-
cational agency that—
‘‘(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) was in improvement status under this
section as this section was in effect on the day
preceding the date of enactment of the Student
Results Act of 1999.
‘‘(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 Student Results Act of 1999, during
which a local educational agency did not make ade-
quate 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 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 assessment data, on which that
proposed identification is based.
‘‘(B) SUPPORTING EVIDENCE.—If the local edu-
cational agency believes that the proposed identifica-
tion is in error for statistical or other substantive rea-
sons, it may provide supporting evidence to the State
educational agency, which such agency shall consider
before making a final determination.
‘‘(6) NOTIFICATION
TO
PARENTS.—The State
educational agency shall promptly notify parents in
a format, and to the extent practicable in a language
they can understand, of each student enrolled in a
school in a local educational agency identified for im-
provement, of the reasons for such agency’s identifica-
tion 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—
‘‘(i) incorporate scientifically based research
strategies that strengthen the core academic pro-
gram in the local educational agency;
‘‘(ii) identify specific goals and objectives
the local educational agency will undertake to
make adequate yearly progress and which—
‘‘(I) have the greatest likelihood of im-
proving the performance of participating
children in meeting the State’s student per-
formance standards;
‘‘(II) address the professional develop-
ment needs of staff; and
‘‘(III) include specific numerical per-
formance goals and targets for each of the
groups 
of 
students 
identified 
in 
the
disaggregated data pursuant to section
1111(b)(2);
‘‘(iii) identify how the local educational
agency will provide written notification to par-
ents in a format, and to the extent practicable in
a language, that they can understand, pursuant
to paragraph (6); and
‘‘(iv) specify the responsibilities of the State
educational agency and the local educational
agency under the plan.
‘‘(B) IMPLEMENTATION.—The local educational
agency shall implement its plan or revised plan expe-
ditiously, but not later than the beginning of the
school year after which the school has been identified
for improvement.
‘‘(8) STATE
EDUCATIONAL
AGENCY
RESPONSI-
BILITY.—
‘‘(A) IN
GENERAL.—For each local edu-
cational agency identified under paragraph (2),
the State educational agency shall provide tech-
nical or other assistance, if requested, as author-
ized under section 1117, to better enable the local
educational agency—
‘‘(i) to develop and implement its re-
vised plan as approved by the State edu-
cational agency consistent with the require-
ments of this section; and
‘‘(ii) to work with schools needing im-
provement.
‘‘(B) TECHNICAL
ASSISTANCE.—Technical
assistance provided under this section by the
State educational agency or an entity 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
standards, each State educational agency shall imple-
ment a system of corrective action in accordance with
the following:
‘‘(A) IN
GENERAL.—After providing tech-
nical assistance under paragraph (8) and subject
to subparagraph (D), the State educational
agency—
‘‘(i) may take corrective action at any
time with respect to a local educational
agency that has been identified under 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
‘‘(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 educational agency to
take such action and to any underlying
staffing, curricular, or other problems in the
school; and
‘‘(ii) is designed to meet the goal of
having all students served under this part
perform at the proficient and advanced 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) Reconstitute school district per-
sonnel.
‘‘(iii) Remove particular schools from
the jurisdiction of the local educational
agency and establish alternative arrange-
ments for public governance and super-
vision of such schools.
‘‘(iv) Appoint, through the State edu-
cational agency, a receiver or trustee to ad-
minister the affairs of the local educational
agency in place of the superintendent and
school board.
‘‘(v) Abolish or restructure the local
educational agency.
‘‘(vi) Authorize students to transfer
from a school operated by a local edu-
cational agency to a higher performing 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
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 two of the three years following
identification under paragraph (2), makes adequate
yearly progress toward meeting the State’s proficient
and advanced levels of performance shall no longer be
identified for school improvement.’’.
SEC. 112. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read as
follows:
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
‘‘(a) SYSTEM FOR SUPPORT.—Each State educational
agency shall establish 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 content standards
and student performance standards.
‘‘(b) PRIORITIES.—In carrying out this section, a
State educational agency shall—
‘‘(1) first, provide support and assistance to local
educational agencies subject to corrective action under
section 1116 and assist schools, in accordance with
section 1116(b)(10), for which a local educational
agency has failed to carry out its responsibilities
under section 1116(b)(8) and (9);
‘‘(2) second, provide support and assistance to
other local educational agencies identified as in need
of improvement under section 1116; and
‘‘(3) third, provide support and assistance to
other local educational agencies and schools partici-
pating under this part that need that support and 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 educational agency—
‘‘(1) shall use funds reserved under section
1002(f); and
‘‘(2) may use State administrative funds author-
ized under section 1002(h) for such purpose.
‘‘(e) ALTERNATIVES.—The State may devise addi-
tional approaches to providing the assistance described in
paragraphs (1) and (2) of subsection (c), such as providing
assistance through institutions of higher education and edu-
cational service agencies or other local consortia, and the
State may seek approval from the Secretary to use funds
made available under section 1002(h) for such approaches
as part of the State plan.’’.
SEC. 113. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
Subpart 1 of part A of title I is amended by inserting
after section 1117 the following:
‘‘SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
‘‘(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT
AWARDS PROGRAM.—
‘‘(1) IN GENERAL.—Each State receiving a grant
under this part 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.
‘‘(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
100
preceding fiscal year, not more than 30 percent of
such excess amount.
‘‘(2) USE
WITHIN 3 YEARS.—Notwithstanding
any other provision of law, the amount reserved
under paragraph (1) by a State for each fiscal year
shall remain available to the State until expended for
a period not exceeding 3 years.
‘‘(3) SPECIAL ALLOCATION RULE FOR SCHOOLS
IN HIGH-POVERTY AREAS.—
‘‘(A) IN GENERAL.—Each State receiving a
grant under this part shall distribute at least 50
percent of the amount reserved under paragraph
(1) for each fiscal year to schools described in
subparagraph (B), or to teachers teaching in
such schools.
‘‘(B) SCHOOLS DESCRIBED.—A school de-
scribed in subparagraph (A) is a school whose
student population is in the highest quartile of
schools statewide in terms of the percentage of
children eligible for free and reduced priced
lunches under the National School Lunch Act.’’.
SEC. 114. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL
EDUCATIONAL
AGENCY
POLICY.—Sub-
section (a) of section 1118 (20 U.S.C. 6319(a)) is
amended—
101
(1) in paragraph (1), by striking ‘‘programs, ac-
tivities, and procedures’’ and inserting ‘‘activities
and procedures’’.
(2) in paragraph (2) by striking subparagraphs
(E) and (F) and inserting the following:
‘‘(E) conduct, with the involvement of par-
ents, an annual evaluation of the content and ef-
fectiveness of the parental involvement policy in
improving the academic quality of the schools
served under this part;
‘‘(F) involve parents in the activities of the
schools served under this part; and
‘‘(G) promote consumer friendly environ-
ments at the local educational agency and
schools served under this part.’’;
(3) in paragraph (3) by adding at the end the
following new subparagraph:
‘‘(C) Not less than 90 percent of the funds re-
served under subparagraph (A) shall be distributed to
schools served under this part.’’.
(b) NOTICE.—Paragraph (1) of section 1118(b) (20
U.S.C. 6319(b)(1)) is amended by inserting after the first
sentence the following: ‘‘Parents shall be notified of the pol-
icy in a format, and to the extent practicable, in a language
that they can understand.’’.
102
(c) PARENTAL INVOLVEMENT.—Paragraph (4) of sec-
tion 1118(c) (20 U.S.C. 6319(c)(4)) is amended—
(1) in subparagraph (B), by striking ‘‘perform-
ance profiles required under section 1116(a)(3)’’ and
inserting ‘‘school reports required under section
1111’’;
(2) by redesignating subparagraphs (D) and (E)
as subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraphs:
‘‘(D) notice of the schools’ identification as
a school in school improvement under section
1116(b), if applicable, and a clear explanation of
what such identification means;
‘‘(E) notice of the corrective action that has
been taken against the school under section
1116(b)(9) and 1116(c)(9), if applicable, and a
clear explanation of what such action means;’’;
and
(4) in subparagraph (G) (as so redesignated), by
striking ‘‘subparagraph (D)’’ and inserting ‘‘subpara-
graph (F)’’.
(d) BUILDING CAPACITY
FOR INVOLVEMENT.—Sub-
section (e) of section 1118 (20 U.S.C 6319(e)) is amended
to read as follows:
103
‘‘(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
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
content standards and State student performance
standards, the provisions of section 1111(b)(8), State
and local assessments, the requirements of this part,
and how to monitor a child’s progress and work with
educators to improve the performance of their chil-
dren as well as information on how parents can par-
ticipate in decisions relating to the education of their
children;
‘‘(2) shall provide materials and training, such
as—
‘‘(A) coordinating necessary literacy train-
ing from other sources to help parents work with
their children to improve their children’s
achievement; and
‘‘(B) training to help parents to work with
their children to improve their children’s
achievement;
104
‘‘(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 home and school;
‘‘(4) shall coordinate and integrate parent in-
volvement programs and activities with Head Start,
Even Start, the Home Instruction Programs for Pre-
school Youngsters, the Parents as Teachers Program,
and public preschool programs and other programs,
to the extent feasible and appropriate;
‘‘(5) shall conduct other activities, as appro-
priate and feasible, such as parent resource centers
and opportunities for parents to learn how to become
full partners in the education of their children;
‘‘(6) shall ensure, to the extent possible, that in-
formation related to school and parent programs,
meetings, and other activities is sent to the homes of
participating children in the language used in such
homes;
‘‘(7) shall provide such other reasonable support
for parental involvement activities under this section
as parents may request;
105
‘‘(8) shall expand the use of electronic commu-
nications among teachers, students, and parents, such
as through the use of websites and e-mail communica-
tions;
‘‘(9) may involve parents in the development of
training for teachers, principals, and other educators
to improve the effectiveness of such training in im-
proving instruction and services to the children of
such parents in a format, and to the extent prac-
ticable, in a language the parent can understand;
‘‘(10) may provide necessary literacy training
from funds received under this part if the local edu-
cational agency has exhausted all other reasonably
available sources of funding for such activities;
‘‘(11) may pay reasonable and necessary ex-
penses associated with local parental involvement ac-
tivities, including transportation and child care costs,
to enable parents to participate in school-related
meetings and training sessions;
‘‘(12) may train and support parents to enhance
the involvement of other parents;
‘‘(13) may arrange meetings at a variety of
times, such as in the mornings and evenings, in order
to maximize the opportunities for parents to partici-
pate in school related activities;
106
‘‘(14) may arrange for teachers or other edu-
cators, who work directly with participating children,
to conduct in-home conferences with parents who are
unable to attend such conferences at school;
‘‘(15) may adopt and implement model ap-
proaches to improving parental involvement, such as
Even Start;
‘‘(16) may establish a districtwide parent advi-
sory council to advise on all matters related to paren-
tal involvement in programs supported under this
part; and
‘‘(17) may develop appropriate roles for commu-
nity-based organizations and businesses in parent in-
volvement activities, including providing information
about opportunities for organizations and businesses
to work with parents and schools, and encouraging
the formation of partnerships between elementary,
middle, and secondary schools and local businesses
that include a role for parents.’’.
(e) ACCESSIBILITY.—Subsection (f) of section 1118 (20
U.S.C. 6319(f)) is amended to read as follows:
‘‘(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
107
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
to the extent practicable, in a language such parents under-
stand.’’.
SEC. 115. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
Section 1119 (20 U.S.C. 6301) is amended to read as
follows:
‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
‘‘(a) TEACHERS.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy receiving assistance under this part shall ensure
that all teachers hired on or after the effective date of
the Student Results Act of 1999 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, 2003. Such plan shall include an assur-
ance that the State will require each local educational
agency and school receiving funds under this part
108
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
that all paraprofessionals hired one year or more
after the effective date of the Student Results Act of
1999 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
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.
109
‘‘(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
ensure that all paraprofessionals hired before the date that
is one year after the effective date of the Student Results
Act of 1999 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—
‘‘(A) who is proficient in English and a
language other than English and who provides
services primarily to enhance the participation
of children in programs under this part by act-
ing as a translator; or
‘‘(B) whose duties consist solely of con-
ducting parental involvement activities con-
sistent with section 1118.
110
‘‘(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.—
‘‘(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;
111
‘‘(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;
‘‘(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 assessment,
the ability effectively to carry out reading, writ-
ing, or math instruction.
‘‘(g) USE OF FUNDS.—
‘‘(1) PROFESSIONAL
DEVELOPMENT.—A local
educational agency receiving funds under this part
may use such funds to support ongoing training and
professional development to assist teachers and para-
112
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 Student Results Act of
1999, a local educational agency may not use
funds received under this part to fund any para-
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) or (c).
‘‘(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.
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‘‘(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
‘‘(B) shall be available to any member of
the general public upon request.’’.
SEC. 116. PROFESSIONAL DEVELOPMENT.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.)
is amended by inserting after section 1119 the following:
‘‘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 eligible
children (as defined in section 1115(b)(1)(B)) through im-
proved teacher quality.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) REQUIRED ACTIVITIES.—Professional devel-
opment activities under this section shall—
‘‘(A) support professional development ac-
tivities that give teachers, principals, and ad-
ministrators the knowledge and skills to provide
students with the opportunity to meet chal-
114
lenging State or local content standards and stu-
dent performance standards;
‘‘(B) support the recruiting, hiring, and
training of fully qualified teachers, including
teachers fully qualified through State and local
alternative routes;
‘‘(C) advance teacher understanding of effec-
tive instructional strategies based on scientif-
ically-based research for improving student
achievement, at a minimum, in reading or lan-
guage arts and mathematics;
‘‘(D) be directly related to the curriculum
and content areas in which the teacher provides
instruction;
‘‘(E) be designed to enhance the ability of a
teacher to understand and use the State’s stand-
ards for the subject area in which the teacher
provides instruction;
‘‘(F) be tied to scientifically based research
demonstrating the effectiveness of such profes-
sional development activities or programs in in-
creasing student achievement or substantially in-
creasing the knowledge and teaching skills of
teachers;
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‘‘(G) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher’s performance in the class-
room, except that this paragraph shall not apply
to an activity if such activity is one component
of a long-term comprehensive professional devel-
opment plan established by the teacher and the
teacher’s supervisor based upon an assessment of
their needs, their students’ needs, and the needs
of the local educational agency;
‘‘(H) be developed with extensive participa-
tion of teachers, principals, parents, and admin-
istrators of schools to be served under this part;
‘‘(I) to the extent appropriate, provide
training for teachers in the use of technology so
that technology and its applications are effec-
tively used in the classroom to improve teaching
and learning in the curriculum and academic
content areas in which the teachers provide in-
struction; and
‘‘(J) as a whole, be regularly evaluated for
their impact on increased teacher effectiveness
and improved student achievement, with the
116
findings of such evaluations used to improve the
quality of professional development.
‘‘(2) OPTIONAL
ACTIVITIES.—Such professional
development activities may include—
‘‘(A) instruction in the use of data and as-
sessments to inform and instruct classroom prac-
tice;
‘‘(B) instruction in ways that teachers,
principals, pupil services personnel, and school
administrators may work more effectively with
parents;
‘‘(C) the forming of partnerships with insti-
tutions of higher education to establish school-
based teacher training programs that provide
prospective teachers and novice teachers with an
opportunity to work under the guidance of expe-
rienced teachers and college faculty;
‘‘(D) the creation of career ladder programs
for paraprofessionals (assisting teachers under
this part) to obtain the education necessary for
such paraprofessionals to become licensed and
certified teachers;
‘‘(E) instruction in ways to teach special
needs children;
117
‘‘(F) joint professional development activi-
ties involving programs under this part, Head
Start, Even Start, or State-run preschool pro-
gram personnel;
‘‘(G) 
instruction 
in 
experiential-based
teaching methods such as service or applied
learning; and
‘‘(H) mentoring programs focusing on
changing teacher behaviors and practices to help
novice teachers, including teachers who are mem-
bers of a minority group, develop and gain con-
fidence in their skills, to increase the likelihood
that they will continue in the teaching profes-
sion, and generally to improve the quality of
their teaching.
‘‘(c) 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.
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‘‘(d) PARENTAL PARTICIPATION.—Parents may par-
ticipate in professional development activities under this
part if the school determines that parental participation is
appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional
development programs, local educational agencies may 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.
‘‘(f) 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.
‘‘(g) DEFINITION.—The term ‘fully qualified’ has the
same meaning given such term in section 1610.
‘‘(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(c)(9).’’.
119
SEC. 117. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS.
(a) GENERAL REQUIREMENT.—Subsection (a) of sec-
tion 1120 (20 U.S.C. 6321(a)) is amended to read as fol-
lows:
‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN GENERAL.—To the extent consistent with
the number of eligible children identified under 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
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.
120
‘‘(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
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.—Subsection (b) of section 1120
(20 U.S.C. 6321(b)) is amended to read as follows:
‘‘(b) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and 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—
121
‘‘(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 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;
‘‘(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
122
of the private school officials on the provision of
services, through a contract, the local educational
agency shall provide in writing to such private
school officials, an analysis of the reasons why
the local educational agency has chosen not to
use a 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.
‘‘(3) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a
local educational agency can use to provide equitable
services to eligible private school children.
‘‘(4) DOCUMENTATION.—Each local educational
agency shall provide to the State educational agency,
and maintain in its records, a written affirmation
signed by officials of each participating private school
that the consultation required by this section has oc-
curred.
123
‘‘(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 the local edu-
cational agencies shall be provided to the State, and
the local educational agency shall forward the docu-
mentation provided in subsection (b)(3) to the
State.’’.
(c) STANDARDS FOR BYPASS.—Subsection (d) of sec-
tion 1120 (20 U.S.C. 6321(d)) is amended to read as fol-
lows:
‘‘(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
124
the requirements of this section and sections 14505
and 14506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope, and
location of the program and the opportunity of eligi-
ble children to participate.’’.
(d) CAPITAL EXPENSES.—Effective September 30,
2002, subsection (e) of section 1120 (20 U.S.C. 6321(e)) is
hereby repealed.
SEC. 118. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323 et seq.) is amended—
(1) in subsection (a), by striking ‘‘to the extent
feasible’’ and all that follows through the period and
inserting ‘‘with local Head Start agencies, and if fea-
sible, other early childhood development programs.’’;
(2) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end, the following:
‘‘(5) linking the educational services provided in
such local educational agency with the services pro-
vided in local Head Start agencies.’’.
125
SEC. 119. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
Section 1121 is amended to read as follows:
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount ap-
propriated for payments to States for any fiscal year under
section 1002(a), the Secretary shall reserve a total of 1 per-
cent to provide assistance to—
‘‘(1) the outlying areas in the amount deter-
mined in accordance with subsection (b); and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(d).
‘‘(b) ASSISTANCE TO OUTLYING AREAS.—
‘‘(1) FUNDS
RESERVED.—From the amount
made available for any fiscal year under subsection
(a), the Secretary shall award grants to the outlying
areas.
‘‘(2) COMPETITIVE
GRANTS.—For fiscal years
2000 and 2001, the Secretary shall carry out the com-
petition described in paragraph (3), except that the
amount reserved to carry out such competition shall
not exceed the amount reserved under this section for
the freely associated states for fiscal year 1999.
‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—