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costs of administering assessments administered by 
the States to meet the requirements of (b)(1)(B)(ii). 
‘‘(2) LIMITATIONS.—Grants made by the Sec-
retary in any year to a State under paragraph (1)— 
‘‘(A) may be awarded only to offset the costs 
of a single administration of an assessment de-
scribed in such paragraph in the State for that 
year; and 
‘‘(B) may not exceed the costs of admin-
istering in the State for that year the State as-
sessments that would be carried out under the 
National Assessment of Educational Progress de-
scribed in subsection (b)(1)(B). 
‘‘(3) ALLOCATION.—The Secretary may deter-
mine the appropriate methodology of allocating 
grants to States under this subsection. 
‘‘SEC. 7102. STATE SANCTIONS. 
‘‘(a) FAILURE TO MAKE PROGRESS.— 
‘‘(1) LOSS
OF
ADMINISTRATIVE
FUNDS.—The 
Secretary shall reduce, by 30 percent, the amount of 
funding that a State may reserve for State adminis-
tration under the State formula grant programs au-
thorized by this Act if the Secretary determines that, 
for 2 consecutive years— 
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‘‘(A) the State’s students from economically 
disadvantaged families and students from racial 
and ethnic minority groups failed to make ade-
quate yearly progress on the assessments admin-
istered by the State under section 1111; and 
‘‘(B) the State’s students from economically 
disadvantaged families and students from racial 
and ethnic minority groups failed to make meas-
urable progress in reading and mathematics, as 
measured by the 4th and 8th grade assessments 
described in subsection (b)(1)(B). 
‘‘(2) FURTHER REDUCTIONS.—In each of the first 2 
years after the years described in paragraph (1), the Sec-
retary may increase the reduction described in such para-
graph by any amount not more than a total of an addi-
tional 45 percent. 
‘‘(b) OTHER FAILURES.—In addition to any action 
taken under subsection (a)(1) or (a)(2), the Secretary shall 
reduce, by 20 percent, the amount of funding that a State 
may reserve for State administration under the State for-
mula grant programs authorized by this Act if the Sec-
retary determines that, for 2 consecutive years, the State 
failed to make adequate yearly progress— 
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‘‘(1) with respect to the achievement of children 
with limited English proficiency under section 
1111(b)(2)(C)(iii)(II)(dd); or 
‘‘(2) with respect to the acquisition of English 
language proficiency by children with limited English 
proficiency under section 1111(b)(2)(C)(iii)(III). 
‘‘(c) USE OF FUNDS FOR IMPROVEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
that any funds reduced under this section be allocated 
by the State to local educational agencies in the State 
for school improvement purposes described in section 
1116. 
‘‘(2) TREATMENT OF FUNDS.—Funds described 
in paragraph (1) shall not count toward the amounts 
that are required to be reserved by a State for school 
improvement under section 1003. 
‘‘SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND AS-
SESSMENTS. 
‘‘(a) IN GENERAL.—The Secretary shall make finan-
cial awards to States to enable the States— 
‘‘(1) to pay the costs of the development of the 
additional State assessments and standards required 
by section 1111(b), including the costs of working in 
voluntary partnerships with other States, at the sole 
discretion of each such State, in developing such as-
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sessments and standards if a State chooses to do so; 
and 
‘‘(2) if a State has developed the assessments and 
standards referred to in paragraph (1), to administer 
such assessments or to carry out other activities de-
scribed in this title and other activities related to en-
suring accountability for results in the State’s schools 
and local educational agencies, such as— 
‘‘(A) developing academic content and 
achievement standards and aligned assessments 
in other subjects not required by Section 1111; 
‘‘(B) developing assessments of English lan-
guage proficiency necessary to comply with sec-
tion 1111(b)(7); 
‘‘(C) assuring the continued validity and 
reliability of State assessments; 
‘‘(D) refining State assessments to ensure 
their continued alignment with the State’s aca-
demic content standards and to improve the 
alignment of curricula and instruction mate-
rials; 
‘‘(E) providing for multiple measures to in-
crease the reliability and validity of student and 
school classifications; 
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‘‘(F) strengthening the capacity of local 
educational agencies and schools to provide all 
students the opportunity to increase educational 
achievement; 
‘‘(G) expanding the range of accommoda-
tions available to students with limited English 
proficiency and students with disabilities to im-
prove the rates of inclusion of such students; and 
‘‘(H) improving the dissemination of infor-
mation on student achievement and school per-
formance to parents and the community. 
‘‘(b) BONUSES.—The Secretary shall make a one-time 
bonus payment to each State that completes the development 
of the assessments described in subsection (a) ahead of the 
deadline set forth in section 1111. 
‘‘SEC. 7104. FUNDING. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) AWARDS AND BONUS PAYMENTS.—For the 
purposes of making awards under section 7101 and 
bonus payments under section 7103(b), there are au-
thorized to be appropriated $40,000,000 for fiscal 
year 2002 and such sums as may be necessary for 
each of fiscal years 2003 through 2006. 
‘‘(2) GRANTS FOR INDEPENDENT ASSESSMENTS; 
ADMINISTRATION
OF
STATE
ASSESSMENTS
UNDER 
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NAEP.—For the purposes of making grants to offset 
the costs of independent assessments under section 
7101(g) and for the purposes of administering the 
State assessments carried out under the National As-
sessment of Educational Progress referred to in sec-
tion 7101(b)(1)(B)(i), there are authorized to be ap-
propriated to the Secretary $69,000,000 for fiscal 
year 2002 and such sums as may be necessary for 
each of fiscal years 2003 through 2006. 
‘‘(3) DEVELOPMENT
AND
ADMINISTRATION
OF 
STATE STANDARDS AND ASSESSMENTS.—For the pur-
poses of carrying out subsection 7103(a), there are au-
thorized to be appropriated $400,000,000 for fiscal 
year 2002 and such sums as may be necessary for 
each of the fiscal years 2003 through 2005. 
‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.—From 
each of the amounts appropriated under subsection (a), the 
Secretary shall allocate to the States— 
‘‘(1) 50 percent based on the relative number of 
children aged 5 to 17 in each State; and 
‘‘(2) 50 percent allocated equally among the 
States. 
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‘‘PART B—FUNDING FLEXIBILITY FOR STATE AND 
LOCAL EDUCATIONAL AGENCIES 
‘‘SEC. 7201. SHORT TITLE. 
‘‘This part may be cited as the ‘State and Local Trans-
ferability Act’. 
‘‘SEC. 7202. PURPOSE. 
‘‘The purpose of this part is to allow States and local 
educational agencies the flexibility— 
‘‘(1) to target Federal funds to Federal programs 
that most effectively address the unique needs of 
States and localities; and 
‘‘(2) to transfer Federal funds allocated to other 
activities to allocations for activities authorized under 
title I programs. 
‘‘SEC. 7203. TRANSFERABILITY OF FUNDS. 
‘‘(a) TRANSFERS BY STATES.— 
‘‘(1) IN
GENERAL.—In accordance with this 
part, a State may transfer up 50 percent of the non-
administrative State funds allocated to the State for 
use for State-level activities under each of the fol-
lowing provisions to 1 or more of the State’s alloca-
tions under any other of such provisions: 
‘‘(A) Part A of Title II. 
‘‘(B) Subpart 1 of part A of title IV. 
‘‘(C) Part A or B of title V. 
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‘‘(2) SUPPLEMENTAL FUNDS FOR TITLE I.—In 
accordance with this part, a State may transfer any 
funds allocated to the State under a provision listed 
in paragraph (1) to its allocation under title I. 
‘‘(b) TRANSFERS
BY LOCAL EDUCATIONAL AGEN-
CIES.— 
‘‘(1) AUTHORITY TO TRANSFER FUNDS.— 
‘‘(A) IN GENERAL.—In accordance with this 
part, a local educational agency (except a local 
educational agency identified for improvement 
under section 1116(c)(2) or subject to corrective 
action under section 1116(c)(9)) may transfer 
not more than 50 percent of the funds allocated 
to it under each of the provisions listed in para-
graph (2) for a fiscal year to 1 or more of its 
allocations for such fiscal year under any other 
provision listed in paragraph (2). 
‘‘(B) AGENCIES IDENTIFIED FOR IMPROVE-
MENT.—A local educational agency identified for 
improvement under section 1116(c)(2) may 
transfer in accordance with this part not more 
than 30 percent of the funds allocated to it under 
each of the provisions listed in paragraph (2)— 
‘‘(i) to its allocation for school im-
provement under section 1003; 
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‘‘(ii) to any other allocation if such 
transferred funds are used only for local 
educational agency improvement activities 
consistent with section 1116(d). 
‘‘(C) SUPPLEMENTAL
FUNDS
FOR
TITLE 
I.—In accordance with this part, a local edu-
cational agency may transfer funds allocated to 
such agency under a provision listed in para-
graph (2) to its allocation under title I. 
‘‘(2) APPLICABLE
PROVISIONS.—A local edu-
cational agency may transfer funds under subpara-
graph (A) or (B) from allocations made under each 
of the following provisions: 
‘‘(A) Title II. 
‘‘(B) Subpart 1 of Part A of title IV. 
‘‘(C) Part A of title V or section 5212(2)(A). 
‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or 
a local educational agency may not transfer under this part 
to any other program any funds allocated to it under title 
I. 
‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NO-
TIFICATION.— 
‘‘(1) STATE TRANSFERS.—Each State that makes 
a transfer of funds under this section shall— 
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‘‘(A) modify to account for such transfer 
each State plan, or application submitted by the 
State, to which such funds relate; 
‘‘(B) not later than 30 days after the date 
of such transfer, submit a copy of such modified 
plan or application to the Secretary; and 
‘‘(C) not later than 30 days before the effec-
tive date of such transfer, notify the Secretary of 
such transfer. 
‘‘(2) LOCAL TRANSFERS.—Each local educational 
agency that makes a transfer under this section 
shall— 
‘‘(A) modify to account for such transfer 
each local plan, or application submitted by the 
agency, to which such funds relate; 
‘‘(B) not later than 30 days after the date 
of such transfer, submit a copy of such modified 
plan or application to the State; and 
‘‘(C) not later than 30 days before the effec-
tive date of such transfer, notify the State of such 
transfer. 
‘‘(e) APPLICABLE RULES.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this part, funds transferred under this section are 
subject to each of the rules and requirements applica-
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•HR 1 RH1&2 
ble to the funds allocated by the Secretary under the 
provision to which the transferred funds are trans-
ferred. 
‘‘(2) CONSULTATION.—Each State educational 
agency or local educational agency that transfers 
funds under this section shall conduct consultations 
in accordance with section 8503(c), if such transfer 
transfers funds from a program that provides for the 
participation of students, teachers, or other edu-
cational personnel, from private schools.’’. 
TITLE VIII—GENERAL 
PROVISIONS 
SEC. 801. GENERAL PROVISIONS. 
The Elementary and Secondary Education Act of 
1965, as amended by this Act, is further amended by adding 
at the end of title VII the following: 
‘‘TITLE VIII—GENERAL 
PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 8101. DEFINITIONS. 
‘‘Except as otherwise provided, for the purposes of this 
Act, the following terms have the following meanings: 
‘‘(1) Average daily attendance— 
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‘‘(A) Except as provided otherwise by State 
law or this paragraph, the term ‘average daily 
attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during such school year. 
‘‘(B) The Secretary shall permit the conver-
sion of average daily membership (or other simi-
lar data) to average daily attendance for local 
educational agencies in States that provide State 
aid to local educational agencies on the basis of 
average daily membership or such other data. 
‘‘(C) If the local educational agency in 
which a child resides makes a tuition or other 
payment for the free public education of the child 
in a school located in another school district, the 
Secretary shall, for purposes of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making such 
payment; and 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiving 
such payment. 
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‘‘(D) If a local educational agency makes a 
tuition payment to a private school or to a pub-
lic school of another local educational agency for 
a child with disabilities, as defined in paragraph 
(5), the Secretary shall, for the purposes of this 
Act, consider such child to be in attendance at 
a school of the agency making such payment. 
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expenditures, 
during the third fiscal year preceding the 
fiscal year for which the determination is 
made (or, if satisfactory data for that year 
are not available, during the most recent 
preceding fiscal year for which satisfactory 
data are available) of all local educational 
agencies in the State or, in the case of the 
United States for all States (which, for the 
purpose of this paragraph, means the 50 
States and the District of Columbia); plus 
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•HR 1 RH1&2 
‘‘(ii) any direct current expenditures 
by the State for the operation of such agen-
cies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom such agencies 
provided free public education during such pre-
ceding year. 
‘‘(3) BEGINNING
TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school 
who has been teaching less than a total of 3 complete 
school years. 
‘‘(4) CHILD.—The term ‘child’ means any person 
within the age limits for which the State provides free 
public education. 
‘‘(5) CHILD WITH DISABILITY.—The term ‘child 
with a disability’ means a child— 
‘‘(A) with mental retardation, hearing im-
pairments (including deafness), speech or lan-
guage impairments, visual impairments (includ-
ing blindness), serious emotional disturbance 
(hereinafter referred to as ‘emotional disturb-
ance’), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or 
specific learning disabilities; and 
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•HR 1 RH1&2 
‘‘(B) who, by reason thereof, needs special 
education and related services. 
‘‘(6) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘community-based organization’ means a public 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related services 
to individuals in the community. 
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 
term ‘consolidated local application’ means an appli-
cation submitted by a local educational agency pursu-
ant to section 14305. 
‘‘(8) CONSOLIDATED
LOCAL
PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 14305. 
‘‘(9) CONSOLIDATED STATE APPLICATION.—The 
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant to section 14302. 
‘‘(10) CONSOLIDATED
STATE
PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 
14302. 
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‘‘(11) COUNTY.—The term ‘county’ means one of 
the divisions of a State used by the Secretary of Com-
merce in compiling and reporting data regarding 
counties. 
‘‘(12) COVERED
PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) part B of title I; 
‘‘(C) part C of title I; 
‘‘(D) part D of title I; 
‘‘(E) part F of title I; 
‘‘(F) part G of title I; 
‘‘(G) part A of title II; 
‘‘(H) part A of title III; 
‘‘(I) part A of title V; 
‘‘(J) part B of title V; and 
‘‘(K) part A of title IV: 
‘‘(13) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public 
education— 
‘‘(A) including expenditures for administra-
tion, instruction, attendance, pupil transpor-
tation services, operation and maintenance of 
plant, fixed charges, and net expenditures to 
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cover deficits for food services and student body 
activities; but 
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or 
any expenditures made from funds received 
under title I and part A of title IV. 
‘‘(14) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(15) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State statute 
to develop, manage, and provide services or programs 
to local educational agencies. 
‘‘(16) EFFECTIVE SCHOOLS PROGRAM.—The term 
‘effective schools program’ means a school-based pro-
gram that may encompass preschool through sec-
ondary school levels and that has the objectives of— 
‘‘(A) promoting school-level planning, in-
structional improvement, and staff development; 
‘‘(B) increasing the academic achievement 
levels of all children and particularly education-
ally disadvantaged children; and 
‘‘(C) achieving as ongoing conditions in the 
school the following factors identified through 
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scientifically based research as distinguishing ef-
fective from ineffective schools: 
‘‘(i) Strong and effective administra-
tive and instructional leadership that cre-
ates consensus on instructional goals and 
organizational capacity for instructional 
problem solving. 
‘‘(ii) Emphasis on the acquisition of 
basic and advanced academic skills. 
‘‘(iii) A safe and orderly school envi-
ronment that allows teachers and pupils to 
focus their energies on academic achieve-
ment. 
‘‘(iv) Continuous review of students 
and programs to evaluate the effects of in-
struction. 
‘‘(17) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a nonprofit institutional day or 
residential school, including a public elementary 
charter school, that provides elementary education, as 
determined under State law. 
‘‘(18) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of read-
ing instruction’ means explicit and systematic in-
struction in— 
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‘‘(A) phonemic awareness; 
‘‘(B) phonics; 
‘‘(C) vocabulary development; 
‘‘(D) reading fluency; and 
‘‘(E) reading comprehension strategies. 
‘‘(19) FAMILY
LITERACY
SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient du-
ration, to make sustainable changes in a family, and 
that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how to 
be the primary teacher for their children and full 
partners in the education of their children. 
‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life expe-
riences. 
‘‘(20) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is provided— 
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‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary or secondary school edu-
cation as determined under applicable State law, 
except that such term does not include any edu-
cation provided beyond grade 12. 
‘‘(21) FULLY QUALIFIED.—The term ‘fully quali-
fied’— 
‘‘(A) when used with respect to a public ele-
mentary or secondary school teacher means that 
the teacher has obtained State certification as a 
teacher (including certification obtained through 
alternative routes to certification) or passed the 
State teacher licensing exam and holds a license 
to teach in such State, except that when used 
with respect to any teacher teaching in a public 
charter school, means that the teacher meets the 
requirements set forth in the State’s public char-
ter school law; and 
‘‘(B) when used with respect to— 
‘‘(i) an elementary school teacher, 
means that the teacher holds a bachelor’s de-
gree and demonstrates knowledge and teach-
ing skills in reading, writing, mathematics, 
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•HR 1 RH1&2 
science, and other areas of the elementary 
school curriculum; and 
‘‘(ii) a middle or secondary school 
teacher, means that the teacher holds a 
bachelor’s degree and demonstrates a high 
level of competency in all subject areas in 
which he or she teaches through— 
‘‘(I) a passing level of perform-
ance on a rigorous State or local aca-
demic subject areas test; or 
‘‘(II) completion of an academic 
major in each of the subject areas in 
which he or she provides instruction. 
‘‘(22) GIFTED AND TALENTED.—The term ‘gifted 
and talented’, when used with respect to students, 
children or youth, means students, children or youth 
who give evidence of high performance capability in 
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who 
require services or activities not ordinarily provided 
by the school in order to fully develop such capabili-
ties. 
‘‘(23) INSTITUTION
OF
HIGHER
EDUCATION.— 
The term ‘institution of higher education’ has the 
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meaning given that term in section 101 of the Higher 
Education Act of 1965. 
‘‘(24) 
LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient student’ 
means an individual aged 5 through 17 enrolled in 
an elementary school or secondary school— 
‘‘(A) who— 
‘‘(i) was not born in the United States 
or whose native language is a language 
other than English; 
‘‘(ii)(I) is a Native American or Alas-
ka Native, or a native resident of the out-
lying areas; and 
‘‘(II) comes from an environment 
where a language other than English has 
had a significant impact on such individ-
ual’s level of English language proficiency; 
or 
‘‘(iii) is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a 
language other than English is dominant; 
and 
‘‘(B) who has sufficient difficulty speaking, 
reading, writing, or understanding the English 
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language, and whose difficulties may deny the 
individual— 
‘‘(i) the ability to meet the State’s pro-
ficient level of performance on State assess-
ments described in section 1111(b)(4) in 
core academic subjects; or 
‘‘(ii) the opportunity to participate 
fully in society. 
‘‘(25) LOCAL
EDUCATIONAL
AGENCY.—(A) The 
term ‘local educational agency’ means a public board 
of education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function 
for, public elementary or secondary schools in a city, 
county, township, school district, or other political 
subdivision of a State, or for such combination of 
school districts or counties as are recognized in a 
State as an administrative agency for its public ele-
mentary or secondary schools. 
‘‘(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school. 
‘‘(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Affairs 
but only to the extent that such inclusion makes such 
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school eligible for programs for which specific eligi-
bility is not provided to such school in another provi-
sion of law and such school does not have a student 
population that is smaller than the student popu-
lation of the local educational agency receiving assist-
ance under this Act with the smallest student popu-
lation, except that such school shall not be subject to 
the jurisdiction of any State educational agency other 
than the Bureau of Indian Affairs. 
‘‘(D) The term includes educational service agen-
cies and consortia of such agencies. 
‘‘(26) MENTORING.—The term ‘mentoring’ means 
a program in which an adult works with a child or 
youth on a 1-to-1 basis, establishing a supportive re-
lationship, providing academic assistance, and intro-
ducing the child or youth to new experiences that en-
hance the child or youth’s ability to excel in school 
and become a responsible citizen. 
‘‘(27) NATIVE AMERICAN AND NATIVE AMERICAN 
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the same meaning 
given such terms in section 103 of the Native Amer-
ican Languages Act of 1990. 
‘‘(28) OTHER
STAFF.—The term ‘other staff’ 
means pupil services personnel, librarians, career 
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guidance and counseling personnel, education aides, 
and other instructional and administrative personnel. 
‘‘(29) OUTLYING
AREA.—The term ‘outlying 
area’ means the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the 
Northern Mariana Islands, and through fiscal year 
2003 and for the purpose of any discretionary grant 
program, includes the freely associated states of the 
Republic of the Marshall Islands, the Federated States 
of Micronesia, and the Republic of Palau. 
‘‘(30) PARENT.—The term ‘parent’ includes a 
legal guardian, or other person standing in loco 
parentis (such as a grandparent or stepparent with 
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare). 
‘‘(31) PUPIL SERVICES PERSONNEL; PUPIL SERV-
ICES.—(A) The term ‘pupil services personnel’ means 
school counselors, school social workers, school psy-
chologists, and other qualified professional personnel 
involved in providing assessment, diagnosis, coun-
seling, educational, therapeutic, and other necessary 
services (including related services as such term is de-
fined in section 602(22) of the Individuals with Dis-
abilities Education Act) as part of a comprehensive 
program to meet student needs. 
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‘‘(B) The term ‘pupil services’ means the services 
provided by pupil services personnel. 
‘‘(32) READING.—The term ‘reading’ means a 
complex system of deriving meaning from print that 
requires all of the following: 
‘‘(A) Skills and knowledge to understand 
how phonemes, or speech sounds are connected in 
print. 
‘‘(B) Ability to decode unfamiliar words. 
‘‘(C) Ability to read fluently. 
‘‘(D) Sufficient background information 
and vocabulary to foster reading comprehensions. 
‘‘(E) Development of appropriate active 
strategies to construct meaning from print. 
‘‘(F) Development and maintenance of a 
motivation to read. 
‘‘(33) RIGOROUS
DIAGNOSTIC
READING
AND 
SCREENING ASSESSMENT TOOLS.—The term ‘rigorous 
diagnostic reading and screening assessment tools’ 
means a diagnostic reading assessment that— 
‘‘(A) is valid, reliable, and grounded on sci-
entifically based reading research; 
‘‘(B) measures progress in developing pho-
nemic awareness and phonics skills, vocabulary, 
reading fluency, and reading comprehension; 
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‘‘(C) identifies students who may be at risk 
for reading failure or who are having difficulty 
reading; and 
‘‘(D) are used to improve instruction. 
‘‘(34) SCIENTIFICALLY BASED RESEARCH.—The 
term ‘scientifically based research’— 
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid 
knowledge relevant to education activities and 
programs; and 
‘‘(B) shall include research that— 
‘‘(i) employs systematic, empirical 
methods that draw on observation or experi-
ment; 
‘‘(ii) involves rigorous data analyses 
that are adequate to test the stated 
hypotheses and justify the general conclu-
sions drawn; 
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data 
across evaluators and observers and across 
multiple measurements and observations; 
‘‘(iv) is evaluated using randomized 
experiments in which individuals, entities, 
programs, or activities are randomly as-
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signed to different variations (including a 
control condition) to compare the relative 
effects of the variations; and 
‘‘(v) has been accepted by a peer-re-
viewed journal or approved by a panel of 
independent experts through a comparably 
rigorous, objective, and scientific review. 
‘‘(35) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that such term does 
not include any education beyond grade 12. 
‘‘(36) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Education. 
‘‘(37) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas. 
‘‘(38) STATE EDUCATIONAL AGENCY.—The term 
‘State educational agency’ means the agency pri-
marily responsible for the State supervision of public 
elementary and secondary schools. 
‘‘(39) 
TECHNOLOGY.—The 
term 
‘technology’ 
means the latest state-of-the-art technology products 
and services. 
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•HR 1 RH1&2 
‘‘SEC. 8102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title VI of this Act. 
‘‘SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS 
OPERATED SCHOOLS. 
‘‘For purposes of any competitive program under this 
Act, a consortia of schools operated by the Bureau of Indian 
Affairs, a school operated under a contract or grant with 
the Bureau of Indian Affairs in consortia with another con-
tract or grant school or tribal or community organization, 
or a Bureau of Indian Affairs school in consortia with an 
institution of higher education, a contract or grant school 
and tribal or community organization shall be given the 
same consideration as a local educational agency. 
‘‘PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
‘‘SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE 
FUNDS FOR ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS. 
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
may consolidate the amounts specifically made avail-
able to such agency for State administration under 
one or more of the programs under paragraph (2) if 
such State educational agency can demonstrate that 
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the majority of such agency’s resources are derived 
from non-Federal sources. 
‘‘(2) APPLICABILITY.—This section applies to 
any program under this Act under which funds are 
authorized to be used for administration, and such 
other programs as the Secretary may designate. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
shall use the amount available under this section for 
the administration of the programs included in the 
consolidation under subsection (a). 
‘‘(2) ADDITIONAL
USES.—A State educational 
agency may also use funds available under this sec-
tion for administrative activities designed to enhance 
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection 
(a), such as— 
‘‘(A) the coordination of such programs 
with other Federal and non-Federal programs; 
‘‘(B) the establishment and operation of 
peer-review mechanisms under this Act; 
‘‘(C) the administration of this title; 
‘‘(D) the dissemination of information re-
garding model programs and practices; 
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‘‘(E) technical assistance under any pro-
gram under this Act; 
‘‘(F) State level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department of Education. 
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not 
be required to keep separate records, by individual program, 
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a). 
‘‘(d) REVIEW.—To determine the effectiveness of State 
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this 
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of such administration. 
‘‘(e) UNUSED
ADMINISTRATIVE
FUNDS.—If a State 
educational agency does not use all of the funds available 
to such agency under this section for administration, such 
agency may use such funds during the applicable period 
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of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a). 
‘‘SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
‘‘A State educational agency that also serves as a local 
educational agency, in such agency’s applications or plans 
under this Act, shall describe how such agency will elimi-
nate duplication in the conduct of administrative functions. 
‘‘SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION. 
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations of the Secretary and for any fiscal year, a local edu-
cational agency, with the approval of its State educational 
agency, may consolidate and use for the administration of 
one or more programs under this Act (or such other pro-
grams as the Secretary shall designate) not more than the 
percentage, established in each such program, of the total 
available for the local educational agency under such pro-
grams. 
‘‘(b) STATE PROCEDURES.—Within one-year from the 
date of enactment of the No Child Left Behind Act of 2001, 
a State educational agency shall, in collaboration with local 
educational agencies in the State, establish procedures for 
responding to requests from local educational agencies to 
consolidate administrative funds under subsection (a) and 
for establishing limitations on the amount of funds under 
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such programs that may be used for administration on a 
consolidated basis. 
‘‘(c) CONDITIONS.—A local educational agency that 
consolidates administrative funds under this section for any 
fiscal year shall not use any other funds under the programs 
included in the consolidation for administration for that 
fiscal year. 
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds 
under this section may use such consolidated funds for the 
administration of such programs and for uses, at the school 
district and school levels, comparable to those described in 
section 8201(b)(2). 
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not 
be required to keep separate records, by individual program, 
to account for costs relating to the administration of such 
programs included in the consolidation. 
‘‘SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 
OF THE INTERIOR FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) TRANSFER.—The Secretary shall transfer to 
the Department of the Interior, as a consolidated 
amount for covered programs, the Indian education 
programs under subpart 1 of part B of title III, and 
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•HR 1 RH1&2 
the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B. 
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those 
programs. 
‘‘(2) AGREEMENT.—(A) The Secretary and the 
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams specified in paragraph (1), for the distribution 
and use of those program funds under terms that the 
Secretary determines best meet the purposes of those 
programs. 
‘‘(B) The agreement shall— 
‘‘(i) set forth the plans of the Secretary of 
the Interior for the use of the amount transferred 
and the performance measures to assess program 
effectiveness, including measurable goals and ob-
jectives; and 
‘‘(ii) be developed in consultation with In-
dian tribes. 
‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for such department’s costs related 
to the administration of the funds transferred under this 
section. 
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•HR 1 RH1&2 
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND 
APPLICATIONS 
‘‘SEC. 8301. PURPOSE. 
‘‘The purposes of this part are to improve teaching and 
learning through greater coordination between programs 
and to provide greater flexibility to State and local authori-
ties by allowing the consolidation of State and local plans, 
applications, and reporting. 
‘‘SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR AP-
PLICATIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for 
States under this Act, the Secretary, in accordance 
with subsection (b), shall establish procedures and cri-
teria under which a State educational agency, in con-
sultation with the State’s Governor, may submit a 
consolidated State plan or a consolidated State appli-
cation meeting the requirements of this section for— 
‘‘(A) any programs under this Act in which 
the State participates; and 
‘‘(B) such other programs as the Secretary 
may designate. 
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND 
PLANS.—A State educational agency, in consultation 
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•HR 1 RH1&2 
with the State’s Governor, that submits a consolidated 
State plan or a consolidated State application under 
this section shall not be required to submit a separate 
State plan or application for a program included in 
the consolidated State plan or application. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall col-
laborate with Governors, State educational agencies 
and, as appropriate, with other State agencies, local 
educational agencies, public and private nonprofit 
agencies, organizations, and institutions, private 
schools, and representatives of parents, students, and 
teachers. 
‘‘(2) 
CONTENTS.—Through 
the 
collaborative 
process described in paragraph (1), the Secretary 
shall establish, for each program under the Act to 
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be in-
cluded in a consolidated State plan or consolidated 
State application. 
‘‘(3) NECESSARY
MATERIALS.—The Secretary 
shall require only descriptions, information, assur-
ances, and other materials that are absolutely nec-
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essary for the consideration of the consolidated State 
plan or consolidated State application. 
‘‘SEC. 8303. CONSOLIDATED REPORTING. 
‘‘In order to simplify reporting requirements and re-
duce reporting burdens, the Secretary shall establish proce-
dures and criteria under which a State educational agency, 
in consultation with the State’s Governor, may submit a 
consolidated State annual report. Such report shall contain 
information about the programs included in the report, in-
cluding the State’s performance under those programs, and 
other matters as the Secretary determines, such as moni-
toring activities. Such a report shall take the place of sepa-
rate individual annual reports for the programs subject to 
it. 
‘‘SEC. 8304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES. 
‘‘(a) ASSURANCES.—A State educational agency, in 
consultation with the State’s Governor, that submits a con-
solidated State plan or consolidated State application 
under this Act, whether separately or under section 8302, 
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which such plan or 
application is submitted, that provides that— 
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‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under each 
such program and title to property acquired with 
program funds will be in a public agency, in a non-
profit private agency, institution, or organization, or 
in an Indian tribe if the law authorizing the program 
provides for assistance to such entities; and 
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will 
administer such funds and property to the extent re-
quired by the authorizing law; 
‘‘(3) the State will adopt and use proper methods 
of administering each such program, including— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program; 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and 
‘‘(C) the adoption of written procedures for 
the receipt and resolution of complaints alleging 
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•HR 1 RH1&2 
violations of law in the administration of such 
programs; 
‘‘(4) the State will cooperate in carrying out any 
evaluation of each such program conducted by or for 
the Secretary or other Federal officials; 
‘‘(5) the State will use such fiscal control and 
fund accounting procedures as will ensure proper dis-
bursement of, and accounting for, Federal funds paid 
to the State under each such program; 
‘‘(6) the State will— 
‘‘(A) make reports to the Secretary as may 
be necessary to enable the Secretary to perform 
the Secretary’s duties under each such program; 
and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford access 
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and 
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State has afforded a rea-
sonable opportunity for public comment on the plan 
or application and has considered such comment. 
‘‘(b) GEPA PROVISION.—Section 441 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
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•HR 1 RH1&2 
‘‘SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL
AUTHORITY.—A local educational 
agency receiving funds under more than one program under 
this Act may submit plans or applications to the Governor 
and State educational agency under such programs on a 
consolidated basis. 
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State that has an approved consolidated State 
plan or application under section 8302 may require local 
educational agencies in the State receiving funds under 
more than one program included in the consolidated State 
plan or consolidated State application to submit consoli-
dated local plans or applications under such programs, but 
may not require such agencies to submit separate plans. 
‘‘(c) COLLABORATION.—A Governor and State edu-
cational agency shall collaborate with local educational 
agencies in the State in establishing procedures for the sub-
mission of the consolidated State plans or consolidated 
State applications under this section. 
‘‘(d) NECESSARY MATERIALS.—The State shall require 
only descriptions, information, assurances, and other mate-
rial that are absolutely necessary for the consideration of 
the local educational agency plan or application. 
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‘‘SEC. 8306. OTHER GENERAL ASSURANCES. 
‘‘(a) ASSURANCES.—Any applicant other than a State 
that submits a plan or application under this Act, shall 
have on file with the State a single set of assurances, appli-
cable to each program for which a plan or application is 
submitted, that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under each 
such program and title to property acquired with 
program funds will be in a public agency or in a 
nonprofit private agency, institution, organization, or 
Indian tribe, if the law authorizing the program pro-
vides for assistance to such entities; and 
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will 
administer such funds and property to the extent re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, includ-
ing— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program; and 
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‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by or 
for the State educational agency, the Secretary or 
other Federal officials; 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to such applicant under each such program; 
‘‘(6) the applicant will— 
‘‘(A) make reports to the Governor and 
State educational agency and the Secretary as 
may be necessary to enable such agency and the 
Secretary to perform their duties under each 
such program; and 
‘‘(B) maintain such records, provide such 
information, and afford access to the records as 
the Governor and State educational agency or 
the Secretary may find necessary to carry out 
the State’s or the Secretary’s duties; and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
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lic comment on the application and has considered 
such comment. 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘PART D—WAIVERS 
‘‘SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the Secretary may waive any statutory or regulatory 
requirement of this Act or the Carl D. Perkins Vocational 
and Technical Education Act of 1998 for a State edu-
cational agency, local educational agency, Indian tribe, or 
school through a local educational agency, that— 
‘‘(1) receives funds under a program authorized 
by this Act; and 
‘‘(2) requests a waiver under subsection (b). 
‘‘(b) REQUEST FOR WAIVER.— 
‘‘(1) IN GENERAL.—A State educational agency, 
local educational agency, or Indian tribe which de-
sires a waiver shall submit a waiver application to 
the Secretary that— 
‘‘(A) indicates each Federal program af-
fected and each statutory or regulatory require-
ment requested to be waived; 
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panied by the comments, if any, of such 
State educational agency; and 
‘‘(ii) notice and information regarding 
the waiver request shall be provided to the 
public by the agency requesting the waiver 
in the manner that such agency customarily 
provides similar notices and information to 
the public. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory requirements 
relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, or other recipients 
of funds under this Act; 
‘‘(2) maintenance of effort; 
‘‘(3) comparability of services; 
‘‘(4) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
‘‘(5) equitable participation of private school stu-
dents and teachers; 
‘‘(6) parental participation and involvement; 
‘‘(7) applicable civil rights requirements; 
‘‘(8) the requirement for a charter school under 
part B of title IV; or 
‘‘(9) the prohibitions regarding— 
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‘‘(A) State aid in section 8502; 
‘‘(B) use of funds for religious worship or 
instruction in section 8507; and 
‘‘(C) activities in section 8513. 
‘‘(d) DURATION AND EXTENSION OF WAIVER.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the 
Secretary under this section may be for a period not 
to exceed 5 years. 
‘‘(2) EXTENSION.—The Secretary may extend the 
period described in paragraph (1) if the Secretary de-
termines that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry out 
the activities for which the waiver was requested 
and the waiver has contributed to improved stu-
dent performance; and 
‘‘(B) such extension is in the public interest. 
‘‘(e) REPORTS.— 
‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at 
the end of the second year for which a waiver is re-
ceived under this section, and each subsequent year, 
submit a report to the State educational agency 
that— 
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‘‘(A) describes the uses of such waiver by 
such agency or by schools; 
‘‘(B) describes how schools continued to pro-
vide assistance to the same populations served by 
the programs for which waivers are requested; 
and 
‘‘(C) evaluates the progress of such agency 
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents. 
‘‘(2) STATE WAIVER.—A State educational agen-
cy that receives reports required under paragraph (1) 
shall annually submit a report to the Secretary that 
is based on such reports and contains such informa-
tion as the Secretary may require. 
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe 
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that— 
‘‘(A) describes the uses of such waiver by 
schools operated by such tribe; and 
‘‘(B) evaluates the progress of such schools 
in improving the quality of instruction or the 
academic performance of students. 
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 2002 and each subsequent year, the Secretary 
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shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the 
Committee on Health, Education, Labor and Pen-
sions of the Senate a report— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing whether such waivers— 
‘‘(i) increased the quality of instruc-
tion to students; or 
‘‘(ii) improved the academic perform-
ance of students. 
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 
terminate a waiver under this section if the Secretary deter-
mines, after notice and an opportunity for a hearing, that 
the performance of the State or other recipient affected by 
the waiver has been inadequate to justify a continuation 
of the waiver or if the waiver is no longer necessary to 
achieve its original purposes. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators, 
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parents, students, advocacy and civil rights organizations, 
and the public. 
‘‘PART E—UNIFORM PROVISIONS 
‘‘SEC. 8501. MAINTENANCE OF EFFORT. 
‘‘(a) IN GENERAL.—A local educational agency may 
receive funds under a covered program for any fiscal year 
only if the State educational agency finds that either the 
combined fiscal effort per student or the aggregate expendi-
tures of such agency and the State with respect to the provi-
sion of free public education by such agency for the pre-
ceding fiscal year was not less than 90 percent of such com-
bined fiscal effort or aggregate expenditures for the second 
preceding fiscal year. 
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.— 
‘‘(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of the allocation of funds 
under a covered program in any fiscal year in the 
exact proportion to which a local educational agency 
fails to meet the requirement of subsection (a) of this 
section by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expendi-
tures (using the measure most favorable to such local 
agency). 
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‘‘(2) SPECIAL
RULE.—No such lesser amount 
shall be used for computing the effort required under 
subsection (a) of this section for subsequent years. 
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such 
a waiver would be equitable due to— 
‘‘(1) exceptional or uncontrollable circumstances 
such as a natural disaster; or 
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency. 
‘‘SEC. 8502. PROHIBITION REGARDING STATE AID. 
‘‘A State shall not take into consideration payments 
under this Act (other than under title VI) in determining 
the eligibility of any local educational agency in such State 
for State aid, or the amount of State aid, with respect to 
free public education of children. 
‘‘SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this Act, to the extent consistent with the number 
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of such agencies, or an-
other entity receiving financial assistance under a 
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program specified in subsection (b), who are enrolled 
in private elementary and secondary schools in areas 
served by such agency, consortium or entity, such 
agency, consortium or entity shall, after timely and 
meaningful consultation with appropriate private 
school officials, provide such children and their teach-
ers or other educational personnel, on an equitable 
basis, special educational services or other benefits 
that address their needs under such program. 
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL 
SERVICES
OR
BENEFITS.—Educational services or 
other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for such pri-
vate school children, teachers, and other educational 
personnel shall be equitable in comparison to services 
and other benefits for public school children, teachers, 
and other educational personnel participating in such 
program and shall be provided in a timely manner. 
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under 
this section to eligible private school children, their 
teachers, and other educational personnel serving such 
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children shall be equal, taking into account the num-
ber and educational needs of the children to be served, 
to the expenditures for participating public school 
children. 
‘‘(5) PROVISION
OF
SERVICES.—Such agency, 
consortium or entity described in subsection (a)(1) of 
this section may provide such services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) part B, subpart 1 of title I; 
‘‘(B) part C of title I; 
‘‘(C) part A of title II; 
‘‘(D) part A of title III. 
‘‘(E) part A of title V; and 
‘‘(F) part B of title V; 
‘‘(2) DEFINITION.—For the purposes of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local 
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educational agency, educational service agency, con-
sortium of such agencies or entity shall consult with 
appropriate private school officials during the design 
and development of the programs under this Act, on 
issues such as— 
‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the assessment will be used to 
improve such services; 
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, teachers, and other educational per-
sonnel and the amount of funds available for 
such services; and 
‘‘(F) how and when the agency, consortium, 
or entity will make decisions about the delivery 
of services, including a thorough consideration 
and analysis of the views of the private school of-
ficials on the provision of contract services 
through potential third party providers. 
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‘‘(2) DISAGREEMENT.—If the agency, consortium 
or entity disagrees with the views of the private school 
officials on the provision of services through a con-
tract, the agency, consortium, or entity 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. 
‘‘(3) TIMING.—Such consultation shall occur be-
fore the agency, consortium, or entity makes any deci-
sion that affects the opportunities of eligible private 
school children, teachers, and other educational per-
sonnel to participate in programs under this Act, and 
shall continue throughout the implementation and as-
sessment of activities under this section. 
‘‘(4) DISCUSSION REQUIRED.—Such consultation 
shall include a discussion of service delivery mecha-
nisms that the agency, consortium, or entity could use 
to provide equitable services to eligible private school 
children, teachers, administrators, and other staff. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used to 
provide services under this section, and title to mate-
rials, equipment, and property purchased with such 
funds, shall be in a public agency for the uses and 
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purposes provided in this Act, and a public agency 
shall administer such funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) The provision of services under this 
section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by such public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) In the provision of such services, such 
employee, person, association, agency, organiza-
tion or other entity shall be independent of such 
private school and of any religious organization, 
and such employment or contract shall be under 
the control and supervision of such public agen-
cy. 
‘‘(C) Funds used to provide services under 
this section shall not be commingled with non- 
Federal funds. 
‘‘SEC. 8504. STANDARDS FOR BY-PASS. 
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational serv-
ice agency, consortium, or other entity of such agencies, is 
prohibited from providing for the participation in pro-
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grams of children enrolled in, or teachers or other edu-
cational personnel from, private elementary and secondary 
schools, on an equitable basis, or if the Secretary determines 
that such agency consortium or entity has substantially 
failed or is unwilling to provide for such participation, as 
required by section 8503, the Secretary shall— 
‘‘(1) waive the requirements of that section for 
such agency, consortium, or entity; 
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational 
personnel through arrangements that shall be subject 
to the requirements of this section and of sections 
8503, 8505, and 8506; and 
‘‘(3) in making the determination, consider one 
or more factors, including the quality, size, scope, lo-
cation of the program and the opportunity of private 
school children, teachers, and other educational per-
sonnel to participate. 
‘‘SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents, 
teachers, or other individuals and organizations concerning 
violations of section 8503 by a State educational agency, 
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local educational agency, educational service agency, con-
sortium of such agencies or entity. Such individual or orga-
nization shall submit such complaint to the State edu-
cational agency for a written resolution by the State edu-
cational agency within a reasonable period of time. 
‘‘(b) APPEALS TO SECRETARY.—Such resolution may 
be appealed by an interested party to the Secretary not later 
than 30 days after the State educational agency resolves 
the complaint or fails to resolve the complaint within a rea-
sonable period of time. Such appeal shall be accompanied 
by a copy of the State educational agency’s resolution, and 
a complete statement of the reasons supporting the appeal. 
The Secretary shall investigate and resolve each such appeal 
not later than 120 days after receipt of the appeal. 
‘‘SEC. 8506. BY-PASS DETERMINATION PROCESS. 
‘‘(a) REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) The Secretary shall not take any final 
action under section 8504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, consortium of such agen-
cies or entity affected by such action has had an 
opportunity, for not less than 45 days after re-
ceiving written notice thereof, to submit written 
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objections and to appear before the Secretary to 
show cause why that action should not be taken. 
‘‘(B) Pending final resolution of any inves-
tigation or complaint that could result in a de-
termination under this section, the Secretary 
may withhold from the allocation of the affected 
State or local educational agency the amount es-
timated by the Secretary to be necessary to pay 
the cost of those services. 
‘‘(2) PETITION FOR REVIEW.— 
‘‘(A) If such affected agency consortium or 
entity is dissatisfied with the Secretary’s final 
action after a proceeding under paragraph (1), 
such agency consortium or entity may, within 
60 days after notice of such action, file with the 
United States court of appeals for the circuit in 
which such State is located a petition for review 
of that action. 
‘‘(B) A copy of the petition shall be forth-
with transmitted by the clerk of the court to the 
Secretary. 
‘‘(C) The Secretary upon receipt of the copy 
of the petition shall file in the court the record 
of the proceedings on which the Secretary based 
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this action, as provided in section 2112 of title 
28, United States Code. 
‘‘(3) FINDINGS OF FACT.— 
‘‘(A) The findings of fact by the Secretary, 
if supported by substantial evidence, shall be 
conclusive, but the court, for good cause shown, 
may remand the case to the Secretary to take 
further evidence and the Secretary may then 
make new or modified findings of fact and may 
modify the Secretary’s previous action, and shall 
file in the court the record of the further pro-
ceedings. 
‘‘(B) Such new or modified findings of fact 
shall likewise be conclusive if supported by sub-
stantial evidence. 
‘‘(4) JURISDICTION.— 
‘‘(A) Upon the filing of such petition, the 
court shall have jurisdiction to affirm the action 
of the Secretary or to set such action aside, in 
whole or in part. 
‘‘(B) The judgment of the court shall be sub-
ject to review by the Supreme Court of the 
United States upon certiorari or certification as 
provided in section 1254 of title 28, United 
States Code. 
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‘‘(b) DETERMINATION.—Any determination by the 
Secretary under this section shall continue in effect until 
the Secretary determines, in consultation with such agency, 
consortium or entity and representatives of the affected pri-
vate school children, teachers, or other educational personnel 
that there will no longer be any failure or inability on the 
part of such agency or consortium to meet the applicable 
requirements of section 8503 or any other provision of this 
Act. 
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the 
Secretary arranges for services pursuant to this section, the 
Secretary shall, after consultation with the appropriate 
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging for 
those services, from the appropriate allocation or allocations 
under this Act. 
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on 
the day preceding the date of enactment of the No Child 
Left Behind Act of 2001 shall remain in effect to the extent 
the Secretary determines that such determination is con-
sistent with the purpose of this section. 
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‘‘SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS 
WORSHIP OR INSTRUCTION. 
‘‘Nothing contained in this Act shall be construed to 
authorize the making of any payment under this Act for 
religious worship or instruction. 
‘‘SEC. 8508. APPLICABILITY. 
‘‘Nothing in this Act shall be construed to affect home 
schools, whether or not a home school is treated as a home 
school or a private school under State law (consistent with 
section 8509), nor shall any home schooled student be re-
quired to participate in any assessment referenced in this 
Act. 
‘‘SEC. 8509. PRIVATE SCHOOLS. 
‘‘Nothing in this Act shall be construed to affect any 
private school that does not receive funds or services under 
this Act nor shall any student who attends a private school 
that does not receive funds or services under this Act be 
required to participate in any assessment referenced in this 
Act. 
‘‘SEC. 8510. PRIVACY OF ASSESSMENT RESULTS. 
‘‘Any results from individual assessments referenced in 
this Act which become part of the education records of the 
student shall have the protections as provided in section 444 
of the General Education Provisions Act. 
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‘‘SEC. 
8511. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS. 
‘‘Nothing in this Act, or any other Act administered 
by the Department, shall be construed to permit, allow, en-
courage, or authorize any Federal control over any aspect 
of any private, religious, or home school, whether or not 
a home school is treated as a private school or home school 
under State law. This section shall not be construed to bar 
private, religious, or home schools from participation in 
programs or services under this Act. 
‘‘SEC. 8512. SCHOOL PRAYER. 
‘‘As a condition for receipt of funds under this Act, 
a local educational agency shall certify in writing to the 
Secretary that no policy of the agency prevents or otherwise 
denies participation in constitutionally protected prayer in 
public schools. 
‘‘SEC. 8513. GENERAL PROHIBITIONS. 
‘‘(a) PROHIBITION.—None of the funds authorized 
under this Act shall be used— 
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth that are designed to promote or encourage, sex-
ual activity, whether homosexual or heterosexual; 
‘‘(2) to distribute or to aid in the distribution by 
any organization of legally obscene materials to mi-
nors on school grounds; 
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‘‘(3) to provide sex education or HIV prevention 
education in schools unless such instruction is age ap-
propriate and emphasizes the health benefits of absti-
nence; or 
‘‘(4) to operate a program of contraceptive dis-
tribution in schools. 
‘‘(b) LOCAL CONTROL.—Nothing in this section shall 
be construed to— 
‘‘(1) authorize an officer or employee of the Fed-
eral Government to direct, review, or control a State, 
local educational agency, or schools’ instructional 
content, curriculum, and related activities; 
‘‘(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C.A. 1221 et seq.); 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL. 
‘‘(a) GENERAL PROHIBITION.—Officers and employees 
of the Federal Government are prohibited from mandating, 
directing, or controlling a State, local educational agency, 
or school’s curriculum, program of instruction, or allocation 
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•HR 1 RH1&2 
of State or local resources, or mandating a State or any 
subdivision thereof to spend any funds or incur any costs 
not paid for under this Act. 
‘‘(b) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this Act shall be construed 
to authorize an officer or employee of the Federal Govern-
ment to mandate, direct, or control a State, local edu-
cational agency, or school’s specific instructional content or 
academic achievement standards and assessments, cur-
riculum, or program of instruction as a condition of eligi-
bility to receive funds under this Act. 
‘‘(c) EQUALIZED SPENDING.—Nothing in this Act 
shall be construed to mandate equalized spending per pupil 
for a State, local educational agency, or school. 
‘‘(d) BUILDING STANDARDS.—Nothing in this Act 
shall be construed to mandate national school building 
standards for a State, local agency, or school. 
‘‘SEC. 8515. RULEMAKING. 
‘‘The Secretary shall issue regulations under this Act 
only to the extent that such regulations are necessary to 
ensure that there is compliance with the specific require-
ments and assurances required by this Act. 
‘‘SEC. 8516. REPORT. 
‘‘The Secretary shall report to the Congress not later 
than 180 days after the date of enactment of the No Child 
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Left Behind Act of 2001 regarding how the Secretary shall 
ensure that audits conducted by Department employees of 
activities assisted under this Act comply with changes to 
this Act made by the No Child Left Behind Act of 2001, 
particularly with respect to permitting children with simi-
lar educational needs to be served in the same educational 
settings, where appropriate. 
‘‘SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PRO-
HIBITED. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal law, no State shall be required to have aca-
demic content standards or student academic achievement 
standards approved or certified by the Federal Government, 
in order to receive assistance under this Act. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall be 
construed to affect requirements under title I of this Act. 
‘‘SEC. 8518. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM. 
‘‘Notwithstanding any other prohibition of Federal 
law, no funds provided to the Department of Education or 
to any applicable program may be used by the Department 
to endorse, approve, or sanction any curriculum designed 
to be used in an elementary or secondary school. 
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‘‘SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY 
IDENTIFIABLE INFORMATION. 
‘‘Nothing in this Act shall be construed to permit the 
development of a national database of personally identifi-
able information on individuals involved in studies or in 
data collection efforts under this Act. 
‘‘SEC. 8520. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
‘‘PART F—SENSE OF CONGRESS 
‘‘SEC. 8601. PAPERWORK REDUCTION. 
‘‘(a) FINDINGS.—The Congress finds that— 
‘‘(1) instruction and other classroom activities 
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain 
high standards and achieve academic success; 
‘‘(2) one of the greatest obstacles to establishing 
an effective, classroom-centered education system is 
the cost of paperwork compliance; 
‘‘(3) paperwork places a burden on teachers and 
administrators who must complete Federal and State 
forms to apply for Federal funds and absorbs time 
and money which otherwise would be spent on stu-
dents; 
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on 
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Oversight and Investigations states that requirements 
by the Department of Education result in more than 
48,600,000 hours of paperwork per year; and 
‘‘(5) paperwork distracts from the mission of 
schools, encumbers teachers, and administrators with 
nonacademic responsibilities, and competes with 
teaching and classroom activities which promote 
learning and achievement. 
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress 
that Federal and State educational agencies should reduce 
the paperwork requirements placed on schools, teachers, 
principles, and other administrators. 
‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION OF TEACHERS AND PARAPROFES-
SIONALS. 
‘‘(a) PROHIBITION ON MANDATORY TESTING OR CER-
TIFICATION.—Notwithstanding any other provision of law, 
the Secretary is prohibited from using Federal funds to 
plan, develop, implement, or administer any mandatory 
national teacher or paraprofessional test or certification. 
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State or local educational agency if such State or local edu-
cational agency fails to adopt a specific method of teacher 
or paraprofessional certification. 
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‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED 
TESTING. 
‘‘Notwithstanding any other provision of Federal law, 
no funds provided under this Act to the Secretary or to the 
recipient of any award may be used to develop, pilot test, 
field test, implement, administer, or distribute any feder-
ally sponsored national test in reading, mathematics, or 
any other subject, unless specifically and explicitly author-
ized by law. 
‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS. 
‘‘It is the sense of Congress that— 
‘‘(1) the saying of a prayer, the reading of a 
scripture, or the performance of religious music, as 
part of a memorial service that is held on the campus 
of a public elementary or secondary school in order 
to honor the memory of any person slain on that 
campus is not objectionable under this Act; and 
‘‘(2) the design and construction of any memo-
rial which includes religious symbols, motifs, or 
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the 
memory of any person slain on that campus is not 
objectionable under this Act. 
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‘‘PART G—EVALUATIONS 
‘‘SEC. 8651. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided in 
subsections (b) and (c), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out 
each categorical program and demonstration project au-
thorized under this Act— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; and 
‘‘(B) studies of the effectiveness of the pro-
grams or project and its administrative impact 
on schools and local educational agencies; 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary and secondary 
programs under any other Federal law; and 
‘‘(3) to increase the usefulness of evaluations of 
grant recipients in order to ensure the continuous 
progress of the program or project by improving the 
quality, timeliness, efficiency, and utilization of in-
formation relating to performance under the program 
or project. 
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‘‘(b) TITLE I EXCLUDED.—The Secretary may not re-
serve under subsection (a) funds appropriated to carry out 
any program authorized under title I. 
‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other 
than title I), funds are authorized to be reserved or used 
for evaluation activities with respect to a program or 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of such program or 
project.’’. 
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN-
TERS. 
(a) IN GENERAL.—Part A of title XIII (20 U.S.C. 
8621 et seq.)— 
(1) is transferred to the end of title VIII, as 
amended by section 801; and 
(2) is redesignated as part H. 
(b) REDESIGNATION OF SECTIONS.—Sections 13101 
through 13105 are redesignated as sections 8701 through 
8705, respectively. 
(c) CONFORMING AMENDMENTS.— 
(1) REQUIREMENTS.—Section 8702(a) (as redes-
ignated by subsection (b)) is amended— 
(A) by striking ‘‘section 13101(a)’’ and in-
serting ‘‘section 8701(a)’’; and 
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(B) in paragraph (7), by striking ‘‘section 
13201’’ and inserting ‘‘section 8751’’. 
(2) MAINTENANCE OF SERVICE.—Section 8703(b) 
(as redesignated by subsection (b)) is amended— 
(A) in paragraph (1), by striking ‘‘section 
13102’’ and inserting ‘‘section 8702’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘section 13201’’ and in-
serting ‘‘section 8751’’; and 
(ii) by striking ‘‘section 13401’’ and 
inserting ‘‘section 8851’’. 
(3) TRANSITION.—Section 8704(b)(1) (as redes-
ignated by subsection (b)) is amended by striking 
‘‘section 13105’’ and inserting ‘‘section 8705’’. 
SEC. 803. NATIONAL DIFFUSION NETWORK. 
(a) IN GENERAL.—Part B of title XIII (20 U.S.C. 
8651 et seq.)— 
(1) is transferred to the end of title VIII, as 
amended by section 802; and 
(2) is redesignated as part I. 
(b) REDESIGNATION OF SECTIONS.—Sections 13201 
and 13202 are redesignated as sections 8751 and 8752, re-
spectively. 
(c) CONFORMING AMENDMENT.—Section 8751 (as re-
designated by subsection (b)) is amended— 
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(1) in subsection (e)(3), by striking ‘‘under part 
C’’ through the end thereof and inserting ‘‘under part 
F; and’’; and 
(2) in subsection (f)(4), by striking ‘‘section 
13401’’ and inserting ‘‘section 8851’’. 
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND 
SCIENCE EDUCATION CONSORTIA. 
(a) IN GENERAL.—Part C of title XIII (20 U.S.C. 
8671 et seq.)— 
(1) is transferred to the end of title VIII, as 
amended by section 803; and 
(2) is redesignated as part J. 
(b) REDESIGNATION OF SECTIONS.—Sections 13301 
through 13308 are redesignated as sections 8801 through 
8808, respectively. 
(c) CONFORMING AMENDMENTS.— 
(1) GRANT AUTHORIZATION.—Section 8801(a)(3) 
(as redesignated by subsection (b)) is amended by 
striking ‘‘section 13308’’ and inserting ‘‘section 
8808’’. 
(2) USE OF FUNDS.—Section 8802 (as redesig-
nated by subsection (b)) is amended— 
(A) by striking ‘‘section 13304’’ and insert-
ing ‘‘section 8804’’; 
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(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and 
(C) 
in 
paragraph 
(3), 
by 
striking 
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’. 
(3) PAYMENTS.—Section 8805 (as redesignated 
by subsection (b)) is amended in each of subsections 
(a) and (c) by striking ‘‘section 13303’’ and inserting 
‘‘section 8803’’. 
(4) EVALUATION.—Section 8806(a) (as redesig-
nated by subsection (b)) is amended by striking ‘‘sec-
tion 14701’’ and inserting ‘‘section 8651’’. 
(5) DEFINITIONS.—Section 8807(4) (as redesig-
nated by subsection (b)) is amended by striking ‘‘sec-
tion 13301’’ and inserting ‘‘section 8801’’. 
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—Part D of title XIII (20 U.S.C. 
8701)— 
(1) is transferred to the end of title VIII, as 
amended by section 804; and 
(2) is redesignated as part K. 
(b) REDESIGNATION OF SECTION.—Section 13401 is 
redesignated as section 8851. 
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