H. R. 1—8
‘‘Sec. 3122. Achievement objectives and accountability.
‘‘Sec. 3123. Reporting requirements.
‘‘Sec. 3124. Coordination with related programs.
‘‘Sec. 3125. Rules of construction.
‘‘Sec. 3126. Legal authority under State law.
‘‘Sec. 3127. Civil rights.
‘‘Sec. 3128. Programs for Native Americans and Puerto Rico.
‘‘Sec. 3129. Prohibition.
‘‘Subpart 3—National Activities
‘‘Sec. 3131. National professional development project.
‘‘Subpart 4—Definitions
‘‘Sec. 3141. Eligible entity.
‘‘PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS
‘‘Sec. 3201. Short title.
‘‘Sec. 3202. Purpose.
‘‘Sec. 3203. Native American children in school.
‘‘Sec. 3204. Residents of the territories and freely associated states.
‘‘Subpart 1—Program Development and Enhancement
‘‘Sec. 3211. Financial assistance for language instruction educational programs.
‘‘Sec. 3212. Program enhancement activities.
‘‘Sec. 3213. Comprehensive school and systemwide improvement activities.
‘‘Sec. 3214. Applications.
‘‘Sec. 3215. Capacity building.
‘‘Sec. 3216. Programs for Native Americans and Puerto Rico.
‘‘Sec. 3217. Evaluations.
‘‘Sec. 3218. Construction.
‘‘Subpart 2—Research, Evaluation, and Dissemination
‘‘Sec. 3221. Authority.
‘‘Sec. 3222. Research.
‘‘Sec. 3223. Academic excellence awards.
‘‘Sec. 3224. State grant program.
‘‘Sec. 3225. Instruction materials development.
‘‘Subpart 3—Professional Development
‘‘Sec. 3231. Professional development grants.
‘‘Subpart 4—Emergency Immigrant Education Program
‘‘Sec. 3241. Purpose.
‘‘Sec. 3242. State administrative costs.
‘‘Sec. 3243. Withholding.
‘‘Sec. 3244. State allotments.
‘‘Sec. 3245. State applications.
‘‘Sec. 3246. Administrative provisions.
‘‘Sec. 3247. Uses of funds.
‘‘Sec. 3248. Reports.
‘‘Subpart 5—Administration
‘‘Sec. 3251. Release time.
‘‘Sec. 3252. Notification.
‘‘Sec. 3253. Coordination and reporting requirements.
‘‘PART C—GENERAL PROVISIONS
‘‘Sec. 3301. Definitions.
‘‘Sec. 3302. Parental notification.
‘‘Sec. 3303. National Clearinghouse.
‘‘Sec. 3304. Regulations.
‘‘TITLE IV—21ST CENTURY SCHOOLS
‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
‘‘Sec. 4001. Short title.
‘‘Sec. 4002. Purpose.
‘‘Sec. 4003. Authorization of appropriations.
‘‘Subpart 1—State Grants
‘‘Sec. 4111. Reservations and allotments.
H. R. 1—9
‘‘Sec. 4112. Reservation of State funds for safe and drug-free schools.
‘‘Sec. 4113. State application.
‘‘Sec. 4114. Local educational agency program.
‘‘Sec. 4115. Authorized activities.
‘‘Sec. 4116. Reporting.
‘‘Sec. 4117. Programs for Native Hawaiians.
‘‘Subpart 2—National Programs
‘‘Sec. 4121. Federal activities.
‘‘Sec. 4122. Impact evaluation.
‘‘Sec. 4123. Hate crime prevention.
‘‘Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee.
‘‘Sec. 4125. National coordinator program.
‘‘Sec. 4126. Community service grant program.
‘‘Sec. 4127. School Security Technology and Resource Center.
‘‘Sec. 4128. National Center for School and Youth Safety.
‘‘Sec. 4129. Grants to reduce alcohol abuse.
‘‘Sec. 4130. Mentoring programs.
‘‘Subpart 3—Gun Possession
‘‘Sec. 4141. Gun-free requirements.
‘‘Subpart 4—General Provisions
‘‘Sec. 4151. Definitions.
‘‘Sec. 4152. Message and materials.
‘‘Sec. 4153. Parental consent.
‘‘Sec. 4154. Prohibited uses of funds.
‘‘Sec. 4155. Transfer of school disciplinary records.
‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS
‘‘Sec. 4201. Purpose; definitions.
‘‘Sec. 4202. Allotments to States.
‘‘Sec. 4203. State application.
‘‘Sec. 4204. Local competitive grant program.
‘‘Sec. 4205. Local activities.
‘‘Sec. 4206. Authorization of appropriations.
‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE
‘‘Sec. 4301. Short title.
‘‘Sec. 4302. Definitions.
‘‘Sec. 4303. Nonsmoking policy for children’s services.
‘‘Sec. 4304. Preemption.
‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
‘‘PART A—INNOVATIVE PROGRAMS
‘‘Sec. 5101. Purposes, State and local responsibility.
‘‘Subpart 1—State and Local Programs
‘‘Sec. 5111. Allotment to States.
‘‘Sec. 5112. Allocation to local educational agencies.
‘‘Subpart 2—State Programs
‘‘Sec. 5121. State uses of funds.
‘‘Sec. 5122. State applications.
‘‘Subpart 3—Local Innovative Education Programs
‘‘Sec. 5131. Local uses of funds.
‘‘Sec. 5132. Administrative authority.
‘‘Sec. 5133. Local applications.
‘‘Subpart 4—General Provisions
‘‘Sec. 5141. Maintenance of effort.
‘‘Sec. 5142. Participation of children enrolled in private schools.
‘‘Sec. 5143. Federal administration.
‘‘Sec. 5144. Supplement, not supplant.
‘‘Sec. 5145. Definitions.
‘‘Sec. 5146. Authorization of appropriations.
H. R. 1—10
‘‘PART B—PUBLIC CHARTER SCHOOLS
‘‘Subpart 1—Charter School Programs
‘‘Sec. 5201. Purpose.
‘‘Sec. 5202. Program authorized.
‘‘Sec. 5203. Applications.
‘‘Sec. 5204. Administration.
‘‘Sec. 5205. National activities.
‘‘Sec. 5206. Federal formula allocation during first year and for successive enroll-
ment expansions.
‘‘Sec. 5207. Solicitation of input from charter school operators.
‘‘Sec. 5208. Records transfer.
‘‘Sec. 5209. Paperwork reduction.
‘‘Sec. 5210. Definitions.
‘‘Sec. 5211. Authorization of appropriations.
‘‘Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility
Acquisition, Construction, and Renovation
‘‘Sec. 5221. Purpose.
‘‘Sec. 5222. Grants to eligible entities.
‘‘Sec. 5223. Applications.
‘‘Sec. 5224. Charter school objectives.
‘‘Sec. 5225. Reserve account.
‘‘Sec. 5226. Limitation on administrative costs.
‘‘Sec. 5227. Audits and reports.
‘‘Sec. 5228. No full faith and credit for grantee obligations.
‘‘Sec. 5229. Recovery of funds.
‘‘Sec. 5230. Definitions.
‘‘Sec. 5231. Authorization of appropriations.
‘‘Subpart 3—Voluntary Public School Choice Programs
‘‘Sec. 5241. Grants.
‘‘Sec. 5242. Uses of funds.
‘‘Sec. 5243. Applications.
‘‘Sec. 5244. Priorities.
‘‘Sec. 5245. Requirements and voluntary participation.
‘‘Sec. 5246. Evaluations.
‘‘Sec. 5247. Definitions.
‘‘Sec. 5248. Authorization of appropriations.
‘‘PART C—MAGNET SCHOOLS ASSISTANCE
‘‘Sec. 5301. Findings and purpose.
‘‘Sec. 5302. Definition.
‘‘Sec. 5303. Program authorized.
‘‘Sec. 5304. Eligibility.
‘‘Sec. 5305. Applications and requirements.
‘‘Sec. 5306. Priority.
‘‘Sec. 5307. Use of funds.
‘‘Sec. 5308. Prohibition.
‘‘Sec. 5309. Limitations.
‘‘Sec. 5310. Evaluations.
‘‘Sec. 5311. Authorization of appropriations; reservation.
‘‘PART D—FUND FOR THE IMPROVEMENT OF EDUCATION
‘‘Sec. 5401. Authorization of appropriations.
‘‘Subpart 1—Fund for the Improvement of Education
‘‘Sec. 5411. Programs authorized.
‘‘Sec. 5412. Applications.
‘‘Sec. 5413. Program requirements.
‘‘Sec. 5414. Studies of national significance.
‘‘Subpart 2—Elementary and Secondary School Counseling Programs
‘‘Sec. 5421. Elementary and secondary school counseling programs.
‘‘Subpart 3—Partnerships in Character Education
‘‘Sec. 5431. Partnerships in Character Education program.
‘‘Subpart 4—Smaller Learning Communities
‘‘Sec. 5441. Smaller learning communities.
H. R. 1—11
‘‘Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program
‘‘Sec. 5451. Inexpensive book distribution program for reading motivation.
‘‘Subpart 6—Gifted and Talented Students
‘‘Sec. 5461. Short title.
‘‘Sec. 5462. Purpose.
‘‘Sec. 5463. Rule of construction.
‘‘Sec. 5464. Authorized programs.
‘‘Sec. 5465. Program priorities.
‘‘Sec. 5466. General provisions.
‘‘Subpart 7—Star Schools Program
‘‘Sec. 5471. Short title.
‘‘Sec. 5472. Purposes.
‘‘Sec. 5473. Grant program authorized.
‘‘Sec. 5474. Applications.
‘‘Sec. 5475. Other grant assistance.
‘‘Sec. 5476. Administrative provisions.
‘‘Sec. 5477. Definitions.
‘‘Subpart 8—Ready to Teach
‘‘Sec. 5481. Grants.
‘‘Sec. 5482. Application required.
‘‘Sec. 5483. Reports and evaluation.
‘‘Sec. 5484. Digital educational programming grants.
‘‘Sec. 5485. Administrative costs.
‘‘Subpart 9—Foreign Language Assistance Program
‘‘Sec. 5491. Short title.
‘‘Sec. 5492. Program authorized.
‘‘Sec. 5493. Applications.
‘‘Sec. 5494. Elementary school foreign language incentive program.
‘‘Subpart 10—Physical Education
‘‘Sec. 5501. Short title.
‘‘Sec. 5502. Purpose.
‘‘Sec. 5503. Program authorized.
‘‘Sec. 5504. Applications.
‘‘Sec. 5505. Requirements.
‘‘Sec. 5506. Administrative provisions.
‘‘Sec. 5507. Supplement, not supplant.
‘‘Subpart 11—Community Technology Centers
‘‘Sec. 5511. Purpose and program authorization.
‘‘Sec. 5512. Eligibility and application requirements.
‘‘Sec. 5513. Uses of funds.
‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for
Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading
Partners in Massachusetts
‘‘Sec. 5521. Short title.
‘‘Sec. 5522. Findings and purposes.
‘‘Sec. 5523. Program authorization.
‘‘Sec. 5524. Administrative provisions.
‘‘Sec. 5525. Availability of funds.
‘‘Sec. 5526. Definitions.
‘‘Subpart 13—Excellence in Economic Education
‘‘Sec. 5531. Short title.
‘‘Sec. 5532. Purpose and goals.
‘‘Sec. 5533. Grant program authorized.
‘‘Sec. 5534. Applications.
‘‘Sec. 5535. Requirements.
‘‘Sec. 5536. Administrative provisions.
‘‘Sec. 5537. Supplement, not supplant.
‘‘Subpart 14—Grants to Improve the Mental Health of Children
‘‘Sec. 5541. Grants for the integration of schools and mental health systems.
H. R. 1—12
‘‘Sec. 5542. Promotion of school readiness through early childhood emotional and
social development.
‘‘Subpart 15—Arts in Education
‘‘Sec. 5551. Assistance for arts education.
‘‘Subpart 16—Parental Assistance and Local Family Information Centers
‘‘Sec. 5561. Purposes.
‘‘Sec. 5562. Grants authorized.
‘‘Sec. 5563. Applications.
‘‘Sec. 5564. Uses of funds.
‘‘Sec. 5565. Administrative provisions.
‘‘Sec. 5566. Local family information centers.
‘‘Subpart 17—Combatting Domestic Violence
‘‘Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic vio-
lence on elementary and secondary school children.
‘‘Subpart 18—Healthy, High-Performance Schools
‘‘Sec. 5581. Grant program authorized.
‘‘Sec. 5582. State uses of funds.
‘‘Sec. 5583. Local uses of funds.
‘‘Sec. 5584. Report to Congress.
‘‘Sec. 5585. Limitations.
‘‘Sec. 5586. Healthy, high-performance school building defined.
‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services for
Private School Students
‘‘Sec. 5591. Grant program authorized.
‘‘Sec. 5592. Uses of funds.
‘‘Sec. 5593. Allotments to States.
‘‘Sec. 5594. Subgrants to local educational agencies.
‘‘Sec. 5595. Capital expenses defined.
‘‘Sec. 5596. Termination.
‘‘Subpart 20—Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition
‘‘Sec. 5601. Reservation.
‘‘Sec. 5602. Eligibility.
‘‘Sec. 5603. Maximum amount.
‘‘Subpart 21—Women’s Educational Equity Act
‘‘Sec. 5611. Short title and findings.
‘‘Sec. 5612. Statement of purpose.
‘‘Sec. 5613. Programs authorized.
‘‘Sec. 5614. Applications.
‘‘Sec. 5615. Criteria and priorities.
‘‘Sec. 5616. Report.
‘‘Sec. 5617. Administration.
‘‘Sec. 5618. Amount.
‘‘TITLE VI—FLEXIBILITY AND ACCOUNTABILITY
‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT
‘‘Subpart 1—Accountability
‘‘Sec. 6111. Grants for State assessments and related activities.
‘‘Sec. 6112. Grants for enhanced assessment instruments.
‘‘Sec. 6113. Funding.
‘‘Subpart 2—Funding Transferability for State and Local Educational Agencies
‘‘Sec. 6121. Short title.
‘‘Sec. 6122. Purpose.
‘‘Sec. 6123. Transferability of funds.
‘‘Subpart 3—State and Local Flexibility Demonstration
‘‘Sec. 6131. Short title.
‘‘Sec. 6132. Purpose.
‘‘Sec. 6133. General provision.
H. R. 1—13
‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY
‘‘Sec. 6141. State flexibility.
‘‘Sec. 6142. Consolidation and use of funds.
‘‘Sec. 6143. Performance review and penalties.
‘‘Sec. 6144. Renewal of grant of flexibility authority.
‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION
‘‘Sec. 6151. Local flexibility demonstration agreements.
‘‘Sec. 6152. Consolidation and use of funds.
‘‘Sec. 6153. Limitations on administrative expenditures.
‘‘Sec. 6154. Performance review and penalties.
‘‘Sec. 6155. Renewal of local flexibility demonstration agreement.
‘‘Sec. 6156. Reports.
‘‘Subpart 4—State Accountability for Adequate Yearly Progress
‘‘Sec. 6161. Accountability for adequate yearly progress.
‘‘Sec. 6162. Peer review.
‘‘Sec. 6163. Technical assistance.
‘‘Sec. 6164. Report to Congress.
‘‘PART B—RURAL EDUCATION INITIATIVE
‘‘Sec. 6201. Short title.
‘‘Sec. 6202. Purpose.
‘‘Subpart 1—Small, Rural School Achievement Program
‘‘Sec. 6211. Use of applicable funding.
‘‘Sec. 6212. Grant program authorized.
‘‘Sec. 6213. Accountability.
‘‘Subpart 2—Rural and Low-Income School Program
‘‘Sec. 6221. Program authorized.
‘‘Sec. 6222. Uses of funds.
‘‘Sec. 6223. Applications.
‘‘Sec. 6224. Accountability.
‘‘Subpart 3—General Provisions
‘‘Sec. 6231. Annual average daily attendance determination.
‘‘Sec. 6232. Supplement, not supplant.
‘‘Sec. 6233. Rule of construction.
‘‘Sec. 6234. orization of appropriations.
‘‘PART C—GENERAL PROVISIONS
‘‘Sec. 6301. Prohibition against Federal mandates, direction, or control.
‘‘Sec. 6302. Rule of construction on equalized spending.
‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
‘‘PART A—INDIAN EDUCATION
‘‘Sec. 7101. Statement of policy.
‘‘Sec. 7102. Purpose.
‘‘Subpart 1—Formula Grants to Local Educational Agencies
‘‘Sec. 7111. Purpose.
‘‘Sec. 7112. Grants to local educational agencies and tribes.
‘‘Sec. 7113. Amount of grants.
‘‘Sec. 7114. Applications.
‘‘Sec. 7115. Authorized services and activities.
‘‘Sec. 7116. Integration of services authorized.
‘‘Sec. 7117. Student eligibility forms.
‘‘Sec. 7118. Payments.
‘‘Sec. 7119. State educational agency review.
‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities
for Indian Children
‘‘Sec. 7121. Improvement of educational opportunities for Indian children.
‘‘Sec. 7122. Professional development for teachers and education professionals.
‘‘Subpart 3—National Activities
‘‘Sec. 7131. National research activities.
H. R. 1—14
‘‘Sec. 7132. In-service training for teachers of Indian children.
‘‘Sec. 7133. Fellowships for Indian students.
‘‘Sec. 7134. Gifted and talented Indian students.
‘‘Sec. 7135. Grants to tribes for education administrative planning and develop-
ment.
‘‘Sec. 7136. Improvement of educational opportunities for adult Indians.
‘‘Subpart 4—Federal Administration
‘‘Sec. 7141. National Advisory Council on Indian Education.
‘‘Sec. 7142. Peer review.
‘‘Sec. 7143. Preference for Indian applicants.
‘‘Sec. 7144. Minimum grant criteria.
‘‘Subpart 5—Definitions; Authorizations of Appropriations
‘‘Sec. 7151. Definitions.
‘‘Sec. 7152. Authorizations of appropriations.
‘‘PART B—NATIVE HAWAIIAN EDUCATION
‘‘Sec. 7201. Short title.
‘‘Sec. 7202. Findings.
‘‘Sec. 7203. Purposes.
‘‘Sec. 7204. Native Hawaiian Education Council and island councils.
‘‘Sec. 7205. Program authorized.
‘‘Sec. 7206. Administrative provisions.
‘‘Sec. 7207. Definitions.
‘‘PART C—AALASKA NATIVE EDUCATION
‘‘Sec. 7301. Short title.
‘‘Sec. 7302. Findings.
‘‘Sec. 7303. Purposes.
‘‘Sec. 7304. Program authorized.
‘‘Sec. 7305. Administrative provisions.
‘‘Sec. 7306. Definitions.
‘‘TITLE VIII—IMPACT AID
‘‘Sec. 8001. Purpose.
‘‘Sec. 8002. Payments relating to Federal acquisition of real property.
‘‘Sec. 8003. Payments for eligible federally connected children.
‘Sec. 8004. Policies and procedures relating to children residing on Indian lands.
‘‘Sec. 8005. Application for payments under sections 8002 and 8003.
‘‘Sec. 8007. Construction.
‘‘Sec. 8008. Facilities.
‘‘Sec. 8009. State consideration of payments in providing State aid.
‘‘Sec. 8010. Federal administration.
‘‘Sec. 8011. Administrative hearings and judicial review.
‘‘Sec. 8012. Forgiveness of overpayments.
‘‘Sec. 8013. Definitions.
‘‘Sec. 8014. Authorization of appropriations.
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘Sec. 9101. Definitions.
‘‘Sec. 9102. Applicability of title.
‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
‘‘Sec. 9201. Consolidation of State administrative funds for elementary and sec-
ondary education programs.
‘‘Sec. 9202. Single local educational agency States.
‘‘Sec. 9203. Consolidation of funds for local administration.
‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds.
‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
‘‘Sec. 9301. Purpose.
‘‘Sec. 9302. Optional consolidated State plans or applications.
‘‘Sec. 9303. Consolidated reporting.
‘‘Sec. 9304. General applicability of State educational agency assurances.
‘‘Sec. 9305. Consolidated local plans or applications.
H. R. 1—15
‘‘Sec. 9306. Other general assurances.
‘‘PART D—WAIVERS
‘‘Sec. 9401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Subpart 1—Private Schools
‘‘Sec. 9501. Participation by private school children and teachers.
‘‘Sec. 9502. Standards for by-pass.
‘‘Sec. 9503. Complaint process for participation of private school children.
‘‘Sec. 9504. By-pass determination process.
‘‘Sec. 9505. Prohibition against funds for religious worship or instruction.
‘‘Sec. 9506. Private, religious, and home schools.
‘‘Subpart 2—Other Provisions
‘‘Sec. 9521. Maintenance of effort.
‘‘Sec. 9522. Prohibition regarding State aid.
‘‘Sec. 9523. Privacy of assessment results.
‘‘Sec. 9524. School prayer.
‘‘Sec. 9525. Equal access to public school facilities.
‘‘Sec. 9526. General prohibitions.
‘‘Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
‘‘Sec. 9528. Armed Forces recruiter access to students and student recruiting infor-
mation.
‘‘Sec. 9529. Prohibition on federally sponsored testing.
‘‘Sec. 9530. Limitations on national testing or certification for teachers.
‘‘Sec. 9531. Prohibition on nationwide database.
‘‘Sec. 9532. Unsafe school choice option.
‘‘Sec. 9533. Prohibition on discrimination.
‘‘Sec. 9534. Civil rights.
‘‘Sec. 9535. Rulemaking.
‘‘Sec. 9536. Severability.
‘‘PART F—EVALUATIONS
‘‘Sec. 9601. Evaluations.’’.
TITLE I—IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVAN-
TAGED
SEC. 101. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DIS-
ADVANTAGED.
Title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) is amended to read as follows:
‘‘TITLE I—IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVAN-
TAGED
‘‘SEC. 1001. STATEMENT OF PURPOSE.
‘‘The purpose of this title is to ensure that all children have
a fair, equal, and significant opportunity to obtain a high-quality
education and reach, at a minimum, proficiency on challenging
State academic achievement standards and state academic assess-
ments. This purpose can be accomplished by—
‘‘(1) ensuring that high-quality academic assessments,
accountability systems, teacher preparation and training, cur-
riculum, and instructional materials are aligned with chal-
lenging State academic standards so that students, teachers,
H. R. 1—16
parents, and administrators can measure progress against
common expectations for student academic achievement;
‘‘(2) meeting the educational needs of low-achieving chil-
dren in our Nation’s highest-poverty schools, limited English
proficient children, migratory children, children with disabil-
ities, Indian children, neglected or delinquent children, and
young children in need of reading assistance;
‘‘(3) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
‘‘(4) holding schools, local educational agencies, and States
accountable for improving the academic achievement of all stu-
dents, and identifying and turning around low-performing
schools that have failed to provide a high-quality education
to their students, while providing alternatives to students in
such schools to enable the students to receive a high-quality
education;
‘‘(5) distributing and targeting resources sufficiently to
make a difference to local educational agencies and schools
where needs are greatest;
‘‘(6) improving and strengthening accountability, teaching,
and learning by using State assessment systems designed to
ensure that students are meeting challenging State academic
achievement and content standards and increasing achievement
overall, but especially for the disadvantaged;
‘‘(7) providing greater decisionmaking authority and flexi-
bility to schools and teachers in exchange for greater responsi-
bility for student performance;
‘‘(8) providing children an enriched and accelerated edu-
cational program, including the use of schoolwide programs
or additional services that increase the amount and quality
of instructional time;
‘‘(9) promoting schoolwide reform and ensuring the access
of children to effective, scientifically based instructional strate-
gies and challenging academic content;
‘‘(10) significantly elevating the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
‘‘(11) coordinating services under all parts of this title with
each other, with other educational services, and, to the extent
feasible, with other agencies providing services to youth, chil-
dren, and families; and
‘‘(12) 
affording 
parents 
substantial 
and 
meaningful
opportunities to participate in the education of their children.
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose
of carrying out part A, there are authorized to be appropriated—
‘‘(1) $13,500,000,000 for fiscal year 2002;
‘‘(2) $16,000,000,000 for fiscal year 2003;
‘‘(3) $18,500,000,000 for fiscal year 2004;
‘‘(4) $20,500,000,000 for fiscal year 2005;
‘‘(5) $22,750,000,000 for fiscal year 2006; and
‘‘(6) $25,000,000,000 for fiscal year 2007.
‘‘(b) READING FIRST.—
H. R. 1—17
‘‘(1) READING FIRST.—For the purpose of carrying out sub-
part 1 of part B, there are authorized to be appropriated
$900,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(2) EARLY READING FIRST.—For the purpose of carrying
out subpart 2 of part B, there are authorized to be appropriated
$75,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(3) EVEN START.—For the purpose of carrying out subpart
3 of part B, there are authorized to be appropriated
$260,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
‘‘(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.—
For the purpose of carrying out subpart 4 of part B, there
are authorized to be appropriated $250,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
5 succeeding fiscal years.
‘‘(c) EDUCATION
OF MIGRATORY CHILDREN.—For the purpose
of carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years.
‘‘(d) PREVENTION
AND INTERVENTION PROGRAMS
FOR YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—For the purpose
of carrying out part D, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
‘‘(e) FEDERAL ACTIVITIES.—
‘‘(1) SECTIONS 1501 AND 1502.—For the purpose of carrying
out sections 1501 and 1502, there are authorized to be appro-
priated such sums as may be necessary for fiscal year 2002
and each of the 5 succeeding fiscal years.
‘‘(2) SECTION 1504.—
‘‘(A) IN
GENERAL.—For the purpose of carrying out
section 1504, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2002 and for
each of the 5 succeeding fiscal years.
‘‘(B) SPECIAL RULE.—Of the funds appropriated pursu-
ant to subparagraph (A), not more than 30 percent may
be used for teachers associated with students participating
in the programs described in subsections (a)(1), (b)(1), and
(c)(1).
‘‘(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of car-
rying out part F, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2002 and each of the
5 succeeding fiscal years.
‘‘(g) ADVANCED PLACEMENT.—For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
‘‘(h) SCHOOL DROPOUT PREVENTION.—For the purpose of car-
rying out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years, of which—
‘‘(1) up to 10 percent shall be available to carry out subpart
1 of part H for each fiscal year; and
‘‘(2) the remainder shall be available to carry out subpart
2 of part H for each fiscal year.
H. R. 1—18
‘‘(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out
section 
1003(g), 
there 
are 
authorized 
to 
be 
appropriated
$500,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years.
‘‘SEC. 1003. SCHOOL IMPROVEMENT.
‘‘(a) STATE RESERVATIONS.—Each State shall reserve 2 percent
of the amount the State receives under subpart 2 of part A for
fiscal years 2002 and 2003, and 4 percent of the amount received
under such subpart for fiscal years 2004 through 2007, to carry
out subsection (b) and to carry out the State’s responsibilities under
sections 1116 and 1117, including carrying out the State educational
agency’s statewide system of technical assistance and support for
local educational agencies.
‘‘(b) USES.—Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency—
‘‘(1) shall allocate not less than 95 percent of that amount
directly to local educational agencies for schools identified for
school improvement, corrective action, and restructuring, for
activities under section 1116(b); or
‘‘(2) may, with the approval of the local educational agency,
directly provide for these activities or arrange for their provision
through other entities such as school support teams or edu-
cational service agencies.
‘‘(c) PRIORITY.—The State educational agency, in allocating
funds to local educational agencies under this section, shall give
priority to local educational agencies that—
‘‘(1) serve the lowest-achieving schools;
‘‘(2) demonstrate the greatest need for such funds; and
‘‘(3) demonstrate the strongest commitment to ensuring
that such funds are used to enable the lowest-achieving schools
to meet the progress goals in school improvement plans under
section 1116 (b)(3)(A)(v).
‘‘(d) UNUSED FUNDS.—If, after consultation with local edu-
cational agencies in the State, the State educational agency deter-
mines that the amount of funds reserved to carry out subsection
(b) is greater than the amount needed to provide the assistance
described in that subsection, the State educational agency shall
allocate the excess amount to local educational agencies in accord-
ance with—
‘‘(1) the relative allocations the State educational agency
made to those agencies for that fiscal year under subpart 2
of part A; or
‘‘(2) section 1126(c).
‘‘(e) SPECIAL RULE.—Notwithstanding any other provision of
this section, the amount of funds reserved by the State educational
agency under subsection (a) in any fiscal year shall not decrease
the amount of funds each local educational agency receives under
subpart 2 below the amount received by such local educational
agency under such subpart for the preceding fiscal year.
‘‘(f) REPORTING.—The State educational agency shall make pub-
licly available a list of those schools that have received funds
or services pursuant to subsection (b) and the percentage of students
from each school from families with incomes below the poverty
line.
‘‘(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.—
H. R. 1—19
‘‘(1) PROGRAM
AUTHORIZED.—The Secretary shall award
grants to States to enable the States to provide subgrants
to local educational agencies for the purpose of providing assist-
ance for school improvement consistent with section 1116.
‘‘(2) STATE
ALLOTMENTS.—Such grants shall be allotted
among States, the Bureau of Indian Affairs, and the outlying
areas, in proportion to the funds received by the States, the
Bureau of Indian Affairs, and the outlying areas, respectively,
for the fiscal year under parts A, C, and D of this title. The
Secretary shall expeditiously allot a portion of such funds to
States for the purpose of assisting local educational agencies
and schools that were in school improvement status on the
date preceding the date of enactment of the No Child Left
Behind Act of 2001.
‘‘(3) REALLOCATIONS.—If a State does not receive funds
under this subsection, the Secretary shall reallocate such funds
to other States in the same proportion funds are allocated
under paragraph (2).
‘‘(4) STATE APPLICATIONS.—Each State educational agency
that desires to receive funds under this subsection shall submit
an application to the Secretary at such time, and containing
such information, as the Secretary shall reasonably require,
except that such requirement shall be waived if a State edu-
cational agency submitted such information as part of its State
plan under this part. Each State application shall describe
how the State educational agency will allocate such funds in
order to assist the State educational agency and local edu-
cational agencies in complying with school improvement, correc-
tive action, and restructuring requirements of section 1116.
‘‘(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a
local educational agency under this subsection shall be—
‘‘(A) of sufficient size and scope to support the activities
required under sections 1116 and 1117, but not less than
$50,000 and not more than $500,000 for each participating
school;
‘‘(B) integrated with other funds awarded by the State
under this Act; and
‘‘(C) renewable for two additional 1-year periods if
schools are meeting the goals in their school improvement
plans developed under section 1116.
‘‘(6) PRIORITY.—The State, in awarding such grants, shall
give priority to local educational agencies with the lowest-
achieving schools that demonstrate—
‘‘(A) the greatest need for such funds; and
‘‘(B) the strongest commitment to ensuring that such
funds are used to provide adequate resources to enable
the lowest-achieving schools to meet the goals under school
and local educational agency improvement, corrective
action, and restructuring plans under section 1116.
‘‘(7) ALLOCATION.—A State educational agency that receives
a grant under this subsection shall allocate at least 95 percent
of the grant funds directly to local educational agencies for
schools identified for school improvement, corrective action,
or restructuring to carry out activities under section 1116(b),
or may, with the approval of the local educational agency,
directly provide for these activities or arrange for their provision
H. R. 1—20
through other entities such as school support teams or edu-
cational service agencies.
‘‘(8) ADMINISTRATIVE COSTS.—A State educational agency
that receives a grant award under this subsection may reserve
not more than 5 percent of such grant funds for administration,
evaluation, and technical assistance expenses.
‘‘(9) LOCAL AWARDS.—Each local educational agency that
applies for assistance under this subsection shall describe how
it will provide the lowest-achieving schools the resources nec-
essary to meet goals under school and local educational agency
improvement, corrective action, and restructuring plans under
section 1116.
‘‘SEC. 1004. STATE ADMINISTRATION.
‘‘(a) IN GENERAL.—Except as provided in subsection (b), to
carry out administrative duties assigned under parts A, C, and
D of this title, each State may reserve the greater of—
‘‘(1) 1 percent of the amounts received under such parts;
or
‘‘(2) $400,000 ($50,000 in the case of each outlying area).
‘‘(b) EXCEPTION.—If the sum of the amounts appropriated for
parts A, C, and D of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection (a)(1)
shall not exceed 1 percent of the amount the State would receive,
if $14,000,000,000 were allocated among the States for parts A,
C, and D of this title.
‘‘PART A—IMPROVING BASIC PROGRAMS OP-
ERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—For any State desiring to receive a grant
under this part, the State educational agency shall submit
to the Secretary a plan, developed by the State educational
agency, in consultation with local educational agencies,
teachers, principals, pupil services personnel, administrators
(including administrators of programs described in other parts
of this title), other staff, and parents, that satisfies the require-
ments of this section and that is coordinated with other pro-
grams under this Act, the Individuals with Disabilities Edu-
cation Act, the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under
paragraph (1) may be submitted as part of a consolidated
plan under section 9302.
‘‘(b) ACADEMIC
STANDARDS, ACADEMIC
ASSESSMENTS, 
AND
ACCOUNTABILITY.—
‘‘(1) CHALLENGING ACADEMIC STANDARDS.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State has adopted challenging academic content
standards and challenging student academic achievement
H. R. 1—21
standards that will be used by the State, its local edu-
cational 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) 
SAME
STANDARDS.—The 
academic 
standards
required by subparagraph (A) shall be the same academic
standards that the State applies to all schools and children
in the State.
‘‘(C) SUBJECTS.—The State shall have such academic
standards for all public elementary school and secondary
school children, including children served under this part,
in subjects determined by the State, but including at least
mathematics, reading or language arts, and (beginning in
the 2005–2006 school year) science, which shall include
the same knowledge, skills, and levels of achievement
expected of all children.
‘‘(D) CHALLENGING ACADEMIC STANDARDS.—Standards
under this paragraph shall include—
‘‘(i) challenging academic 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 advanced
skills; and
‘‘(ii) challenging student academic achievement
standards that—
‘‘(I) are aligned with the State’s academic con-
tent standards;
‘‘(II) describe two levels of high achievement
(proficient and advanced) that determine how well
children are mastering the material in the State
academic content standards; and
‘‘(III) describe a third level of achievement
(basic) to provide complete information about the
progress of the lower-achieving children toward
mastering the proficient and advanced levels of
achievement.
‘‘(E) INFORMATION.—For the subjects in which students
will be served under this part, but for which a State is
not required by subparagraphs (A), (B), and (C) to develop,
and has not otherwise developed, such academic standards,
the State plan shall describe a strategy for ensuring that
students are taught the same knowledge and skills in
such subjects and held to the same expectations as are
all children.
‘‘(F) EXISTING STANDARDS.—Nothing in this part shall
prohibit a State from revising, consistent with this section,
any standard adopted under this part before or after the
date of enactment of the No Child Left Behind Act of
2001.
‘‘(2) ACCOUNTABILITY.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State has developed and is implementing a single,
statewide State accountability system that will be effective
in ensuring that all local educational agencies, public
H. R. 1—22
elementary schools, and public secondary schools make ade-
quate yearly progress as defined under this paragraph.
Each State accountability system shall—
‘‘(i) be based on the academic standards and aca-
demic assessments adopted under paragraphs (1) and
(3), and other academic indicators consistent with
subparagraph (C)(vi) and (vii), and shall take into
account the achievement of all public elementary school
and secondary school students;
‘‘(ii) be the same accountability system the State
uses for all public elementary schools and secondary
schools or all local educational agencies in the State,
except that public elementary schools, secondary
schools, and local educational agencies not partici-
pating under this part are not subject to the require-
ments of section 1116; and
‘‘(iii) include sanctions and rewards, such as
bonuses and recognition, the State will use to hold
local educational agencies and public elementary
schools and secondary schools accountable for student
achievement and for ensuring that they make adequate
yearly progress in accordance with the State’s defini-
tion under subparagraphs (B) and (C).
‘‘(B) ADEQUATE YEARLY PROGRESS.—Each State plan
shall 
demonstrate, 
based 
on 
academic 
assessments
described in paragraph (3), and in accordance with this
paragraph, what constitutes adequate yearly progress of
the State, and of all public elementary schools, secondary
schools, and local educational agencies in the State, toward
enabling all public elementary school and secondary school
students to meet the State’s student academic achievement
standards, while working toward the goal of narrowing
the achievement gaps in the State, local educational agen-
cies, and schools.
‘‘(C) DEFINITION.—‘Adequate yearly progress’ shall be
defined by the State in a manner that—
‘‘(i) applies the same high standards of academic
achievement to all public elementary school and sec-
ondary school students in the State;
‘‘(ii) is statistically valid and reliable;
‘‘(iii) results in continuous and substantial aca-
demic improvement for all students;
‘‘(iv) measures the progress of public elementary
schools, secondary schools and local educational agen-
cies and the State based primarily on the academic
assessments described in paragraph (3);
‘‘(v) includes separate measurable annual objec-
tives for continuous and substantial improvement for
each of the following:
‘‘(I) The achievement of all public elementary
school and secondary school students.
‘‘(II) The achievement of—
‘‘(aa) economically disadvantaged stu-
dents;
‘‘(bb) students from major racial and
ethnic groups;
‘‘(cc) students with disabilities; and
H. R. 1—23
‘‘(dd) students with limited English pro-
ficiency;
except that disaggregation of data under subclause
(II) shall not be required in a case in which the
number of students in a category is insufficient
to yield statistically reliable information or the
results 
would 
reveal 
personally 
identifiable
information about an individual student;
‘‘(vi) in accordance with subparagraph (D), includes
graduation rates for public secondary school students
(defined as the percentage of students who graduate
from secondary school with a regular diploma in the
standard number of years) and at least one other aca-
demic indicator, as determined by the State for all
public elementary school students; and
‘‘(vii) in accordance with subparagraph (D), at the
State’s discretion, may also include other academic
indicators, as determined by the State for all public
school students, measured separately for each group
described in clause (v), such as achievement on addi-
tional State or locally administered assessments,
decreases in grade-to-grade retention rates, attendance
rates, and changes in the percentages of students com-
pleting gifted and talented, advanced placement, and
college preparatory courses.
‘‘(D) REQUIREMENTS FOR OTHER INDICATORS.—In car-
rying out subparagraph (C)(vi) and (vii), the State—
‘‘(i) shall ensure that the indicators described in
those provisions are valid and reliable, and are con-
sistent with relevant, nationally recognized profes-
sional and technical standards, if any; and
‘‘(ii) except as provided in subparagraph (I)(i), may
not use those indicators to reduce the number of, or
change, the schools that would otherwise be subject
to school improvement, corrective action, or restruc-
turing under section 1116 if those additional indicators
were not used, but may use them to identify additional
schools for school improvement or in need of corrective
action or restructuring.
‘‘(E) STARTING POINT.—Each State, using data for the
2001–2002 school year, shall establish the starting point
for measuring, under subparagraphs (G) and (H), the
percentage of students meeting or exceeding the State’s
proficient level of academic achievement on the State
assessments under paragraph (3) and pursuant to the
timeline described in subparagraph (F). The starting point
shall be, at a minimum, based on the higher of the percent-
age of students at the proficient level who are in—
‘‘(i) the State’s lowest achieving group of students
described in subparagraph (C)(v)(II); or
‘‘(ii) the school at the 20th percentile in the State,
based on enrollment, among all schools ranked by the
percentage of students at the proficient level.
‘‘(F) TIMELINE.—Each State shall establish a timeline
for adequate yearly progress. The timeline shall ensure
that not later than 12 years after the end of the 2001–
2002 school year, all students in each group described
H. R. 1—24
in subparagraph (C)(v) will meet or exceed the State’s
proficient level of academic achievement on the State
assessments under paragraph (3).
‘‘(G) MEASURABLE OBJECTIVES.—Each State shall estab-
lish statewide annual measurable objectives, pursuant to
subparagraph (C)(v), for meeting the requirements of this
paragraph, and which—
‘‘(i) shall be set separately for the assessments
of mathematics and reading or language arts under
subsection (a)(3);
‘‘(ii) shall be the same for all schools and local
educational agencies in the State;
‘‘(iii) shall identify a single minimum percentage
of students who are required to meet or exceed the
proficient level on the academic assessments that
applies separately to each group of students described
in subparagraph (C)(v);
‘‘(iv) shall ensure that all students will meet or
exceed the State’s proficient level of academic achieve-
ment on the State assessments within the State’s
timeline under subparagraph (F); and
‘‘(v) may be the same for more than 1 year, subject
to the requirements of subparagraph (H).
‘‘(H) 
INTERMEDIATE
GOALS
FOR
ANNUAL
YEARLY
PROGRESS.—Each State shall establish intermediate goals
for meeting the requirements, including the measurable
objectives in subparagraph (G), of this paragraph and that
shall—
‘‘(i) increase in equal increments over the period
covered by the State’s timeline under subparagraph
(F);
‘‘(ii) provide for the first increase to occur in not
more than 2 years; and
‘‘(iii) provide for each following increase to occur
in not more than 3 years.
‘‘(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year,
for a school to make adequate yearly progress under this
paragraph—
‘‘(i) each group of students described in subpara-
graph (C)(v) must meet or exceed the objectives set
by the State under subparagraph (G), except that if
any group described in subparagraph (C)(v) does not
meet those objectives in any particular year, the school
shall be considered to have made adequate yearly
progress if the percentage of students in that group
who did not meet or exceed the proficient level of
academic achievement on the State assessments under
paragraph (3) for that year decreased by 10 percent
of that percentage from the preceding school year and
that group made progress on one or more of the aca-
demic indicators described in subparagraph (C)(vi) or
(vii); and
‘‘(ii) not less than 95 percent of each group of
students described in subparagraph (C)(v) who are
enrolled in the school are required to take the assess-
ments, consistent with paragraph (3)(C)(xi) and with
H. R. 1—25
accommodations, guidelines, and alternative assess-
ments provided in the same manner as those provided
under section 612(a)(17)(A) of the Individuals with
Disabilities Education Act and paragraph (3), on which
adequate yearly progress is based (except that the
95 percent requirement described in this clause shall
not apply in a case in which the number of students
in a category is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student).
‘‘(J) UNIFORM AVERAGING PROCEDURE.—For the purpose
of determining whether schools are making adequate yearly
progress, the State may establish a uniform procedure for
averaging data which includes one or more of the following:
‘‘(i) The State may average data from the school
year for which the determination is made with data
from one or two school years immediately preceding
that school year.
‘‘(ii) Until the assessments described in paragraph
(3) are administered in such manner and time to allow
for the implementation of the uniform procedure for
averaging data described in clause (i), the State may
use the academic assessments that were required
under paragraph (3) as that paragraph was in effect
on the day preceding the date of enactment of the
No Child Left Behind Act of 2001, provided that
nothing in this clause shall be construed to undermine
or delay the determination of adequate yearly progress,
the requirements of section 1116, or the implementa-
tion of assessments under this section.
‘‘(iii) The State may use data across grades in
a school.
‘‘(K) ACCOUNTABILITY
FOR
CHARTER
SCHOOLS.—The
accountability provisions under this Act shall be overseen
for charter schools in accordance with State charter school
law.
‘‘(3) ACADEMIC ASSESSMENTS.—
‘‘(A) IN GENERAL.—Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of high-
quality, yearly student academic assessments that include,
at a minimum, academic assessments in mathematics,
reading or language arts, and science that will be used
as the primary means of determining the yearly perform-
ance of the State and of each local educational agency
and school in the State in enabling all children to meet
the State’s challenging student academic achievement
standards, except that no State shall be required to meet
the requirements of this part relating to science assess-
ments until the beginning of the 2007–2008 school year.
‘‘(B) USE
OF
ASSESSMENTS.—Each State educational
agency may incorporate the data from the assessments
under this paragraph into a State-developed longitudinal
data system that links student test scores, length of enroll-
ment, and graduation records over time.
‘‘(C) REQUIREMENTS.—Such assessments shall—
H. R. 1—26
‘‘(i) be the same academic assessments used to
measure the achievement of all children;
‘‘(ii) be aligned with the State’s challenging aca-
demic content and student academic achievement
standards, and provide coherent information about stu-
dent attainment of such standards;
‘‘(iii) be used for purposes for which such assess-
ments are valid and reliable, and be consistent with
relevant, nationally recognized professional and tech-
nical standards;
‘‘(iv) be used only if the State educational agency
provides to the Secretary evidence from the test pub-
lisher or other relevant sources that the assessments
used are of adequate technical quality for each purpose
required under this Act and are consistent with the
requirements of this section, and such evidence is made
public by the Secretary upon request;
‘‘(v)(I) except as otherwise provided for grades 3
through 8 under clause vii, measure the proficiency
of students in, at a minimum, mathematics and reading
or language arts, and be administered not less than
once during—
‘‘(aa) grades 3 through 5;
‘‘(bb) grades 6 through 9; and
‘‘(cc) grades 10 through 12;
‘‘(II) beginning not later than school year 2007–
2008, measure the proficiency of all students in science
and be administered not less than one time during—
‘‘(aa) grades 3 through 5;
‘‘(bb) grades 6 through 9; and
‘‘(cc) grades 10 through 12;
‘‘(vi) involve multiple up-to-date measures of stu-
dent academic achievement, including measures that
assess higher-order thinking skills and understanding;
‘‘(vii) beginning not later than school year 2005–
2006, measure the achievement of students against
the challenging State academic content and student
academic achievement standards in each of grades 3
through 8 in, at a minimum, mathematics, and reading
or language arts, except that the Secretary may provide
the State 1 additional year if the State demonstrates
that exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State, pre-
vented full implementation of the academic assess-
ments by that deadline and that the State will complete
implementation within the additional 1-year period;
‘‘(viii) at the discretion of the State, measure the
proficiency of students in academic subjects not
described in clauses (v), (vi), (vii) in which the State
has adopted challenging academic content and aca-
demic achievement standards;
‘‘(ix) provide for—
‘‘(I) the participation in such assessments of
all students;
‘‘(II) the reasonable adaptations and accom-
modations for students with disabilities (as defined
H. R. 1—27
under section 602(3) of the Individuals with
Disabilities Education Act) necessary to measure
the academic achievement of such students relative
to State academic content and State student aca-
demic achievement standards; and
‘‘(III) the inclusion of limited English proficient
students, who shall be assessed in a valid and
reliable manner and provided reasonable accom-
modations on assessments administered to such
students under this paragraph, including, to the
extent practicable, assessments in the language
and form most likely to yield accurate data on
what such students know and can do in academic
content areas, until such students have achieved
English language proficiency as determined under
paragraph (7);
‘‘(x) notwithstanding subclause (III), the academic
assessment (using tests written in English) of reading
or language arts of any student who has attended
school in the United States (not including Puerto Rico)
for three or more consecutive school years, except that
if the local educational agency determines, on a case-
by-case individual basis, that academic assessments
in another language or form would likely yield more
accurate and reliable information on what such student
knows and can do, the local educational agency may
make a determination to assess such student in the
appropriate language other than English for a period
that does not exceed two additional consecutive years,
provided that such student has not yet reached a level
of English language proficiency sufficient to yield valid
and reliable information on what such student knows
and can do on tests (written in English) of reading
or language arts;
‘‘(xi) 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 aca-
demic year, except that the performance of students
who have attended more than 1 school in the local
educational agency in any academic year shall be used
only in determining the progress of the local edu-
cational agency;
‘‘(xii) produce individual student interpretive,
descriptive, and diagnostic reports, consistent with
clause (iii) that allow parents, teachers, and principals
to understand and address the specific academic needs
of students, and include information regarding achieve-
ment on academic assessments aligned with State aca-
demic achievement standards, and that are provided
to parents, teachers, and principals, as soon as is prac-
ticably possible after the assessment is given, in an
understandable and uniform format, and to the extent
practicable, in a language that parents can understand;
‘‘(xiii) enable results to be disaggregated within
each State, local educational agency, and school by
gender, by each major racial and ethnic group, by
H. R. 1—28
English proficiency status, by migrant status, by stu-
dents with disabilities as compared to nondisabled stu-
dents, and by economically disadvantaged students as
compared to students who are not economically dis-
advantaged, except that, in the case of a local edu-
cational agency or a school, such disaggregation shall
not be required in a case in which the number of
students in a category is insufficient to yield statis-
tically reliable information or the results would reveal
personally identifiable information about an individual
student;
‘‘(xiv) be consistent with widely accepted profes-
sional testing standards, objectively measure academic
achievement, knowledge, and skills, and be tests that
do not evaluate or assess personal or family beliefs
and attitudes, or publicly disclose personally identifi-
able information; and
‘‘(xv) enable itemized score analyses to be produced
and reported, consistent with clause (iii), to local edu-
cational agencies and schools, so that parents, teachers,
principals, and administrators can interpret and
address the specific academic needs of students as
indicated by the students’ achievement on assessment
items.
‘‘(D) DEFERRAL.—A State may defer the commence-
ment, or suspend the administration, but not cease the
development, of the assessments described in this para-
graph, that were not required prior to the date of enactment
of the No Child Left Behind Act of 2001, for 1 year for
each year for which the amount appropriated for grants
under section 6113(a)(2) is less than—
‘‘(i) $370,000,000 for fiscal year 2002;
‘‘(ii) $380,000,000 for fiscal year 2003;
‘‘(iii) $390,000,000 for fiscal year 2004; and
‘‘(iv) $400,000,000 for fiscal years 2005 through
2007.
‘‘(4) SPECIAL
RULE.—Academic assessment measures in
addition to those in paragraph (3) that do not meet the require-
ments of such paragraph may be included in the assessment
under paragraph (3) as additional measures, but may not be
used in lieu of the academic assessments required under para-
graph (3). Such additional assessment measures may not be
used to reduce the number of or change, the schools that
would otherwise be subject to school improvement, corrective
action, or restructuring under section 1116 if such additional
indicators were not used, but may be used to identify additional
schools for school improvement or in need of corrective action
or restructuring except as provided in paragraph (2)(I)(i).
‘‘(5) STATE AUTHORITY.—If a State educational agency pro-
vides 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 aca-
demic achievement standards, and academic assessments
aligned with such academic standards, which will be applicable
to all students enrolled in the State’s public elementary schools
H. R. 1—29
and secondary schools, then the State educational agency may
meet the requirements of this subsection by—
‘‘(A) adopting academic standards and academic assess-
ments that meet the requirements of this subsection, on
a statewide basis, and limiting their applicability to stu-
dents served under this part; or
‘‘(B) adopting and implementing policies that ensure
that each local educational agency in the State that receives
grants under this part will adopt curriculum content and
student academic achievement standards, and academic
assessments aligned with such standards, which—
‘‘(i) meet all of the criteria in this subsection and
any regulations regarding such standards and assess-
ments that the Secretary may publish; and
‘‘(ii) are applicable to all students served by each
such local educational agency.
‘‘(6) LANGUAGE ASSESSMENTS.—Each State plan shall iden-
tify the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student academic assessments are not avail-
able and are needed. The State shall make every effort to
develop such assessments and may request assistance from
the Secretary if linguistically accessible academic assessment
measures are needed. Upon request, the Secretary shall assist
with the identification of appropriate academic assessment
measures in the needed languages, but shall not mandate a
specific academic assessment or mode of instruction.
‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PRO-
FICIENCY.—Each State plan shall demonstrate that local edu-
cational agencies in the State will, beginning not later than
school year 2002–2003, provide for an annual assessment of
English 
proficiency 
(measuring 
students’ 
oral 
language,
reading, and writing skills in English) of all students with
limited English proficiency in the schools served by the State
educational agency, except that the Secretary may provide the
State 1 additional year if the State demonstrates that excep-
tional or uncontrollable circumstances, such as a natural dis-
aster or a precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation of this
paragraph by that deadline and that the State will complete
implementation within the additional 1-year period.
‘‘(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 sections 1112(c)(1)(D), 1114(b), and 1115(c)
that is applicable to such agency or school;
‘‘(B) how the State educational agency will assist each
local educational agency and school affected by the State
plan to provide additional educational assistance to indi-
vidual students assessed as needing help to achieve the
State’s challenging academic achievement standards;
‘‘(C) the specific steps the State educational agency
will take to ensure that both schoolwide programs and
targeted assistance schools provide instruction by highly
qualified instructional staff as required by sections
1114(b)(1)(C) and 1115(c)(1)(E), including steps that the
H. R. 1—30
State educational agency will take to ensure that poor
and minority children are not taught at higher rates than
other children by inexperienced, unqualified, or out-of-field
teachers, and the measures that the State educational
agency will use to evaluate and publicly report the progress
of the State educational agency with respect to such steps;
‘‘(D) an assurance that the State educational agency
will assist local educational agencies in developing or
identifying high-quality effective curricula aligned with
State academic achievement standards and how the State
educational agency will disseminate such curricula to each
local educational agency and school within the State; and
‘‘(E) such other factors the State educational agency
determines appropriate to provide students an opportunity
to achieve the knowledge and skills described in the chal-
lenging academic content standards adopted by the State.
‘‘(9) FACTORS
AFFECTING
STUDENT
ACHIEVEMENT.—Each
State plan shall include an assurance that the State educational
agency will coordinate and collaborate, to the extent feasible
and necessary as determined by the State educational agency,
with agencies providing services to children, youth, and fami-
lies, with respect to local educational agencies within the State
that are identified under section 1116 and that request assist-
ance with addressing major factors that have significantly
affected the academic achievement of students in the local
educational agency or schools served by such agency.
‘‘(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE
STUDENT
ACADEMIC
ACHIEVEMENT.—Each State plan shall
describe how the State educational agency will ensure that
the results of the State assessments described in paragraph
(3)—
‘‘(A) will be promptly provided to local educational
agencies, schools, and teachers in a manner that is clear
and easy to understand, but not later than before the
beginning of the next school year; and
‘‘(B) be used by those local educational agencies,
schools, and teachers to improve the educational achieve-
ment of individual students.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—
Each State plan shall contain assurances that—
‘‘(1) the State educational agency will meet the require-
ments of subsection (h)(1) and, beginning with the 2002–2003
school year, will produce the annual State report cards
described in such subsection, except that the Secretary may
provide the State educational agency 1 additional year if the
State educational agency demonstrates that exceptional or
uncontrollable circumstances, such as a natural disaster or
a precipitous and unforeseen decline in the financial resources
of the State, prevented full implementation of this paragraph
by that deadline and that the State will complete implementa-
tion within the additional 1-year period;
‘‘(2) the State will, beginning in school year 2002–2003,
participate in biennial State academic assessments of 4th and
8th grade reading and mathematics under the National Assess-
ment of Educational Progress carried out under section
411(b)(2) of the National Education Statistics Act of 1994 if
the Secretary pays the costs of administering such assessments;
H. R. 1—31
‘‘(3) the State educational agency, in consultation with the
Governor, will include, as a component of the State plan, a
plan to carry out the responsibilities of the State under sections
1116 and 1117, including carrying out the State educational
agency’s statewide system of technical assistance and support
for local educational agencies;
‘‘(4) 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, including technical
assistance in providing professional development under section
1119, technical assistance under section 1117, and technical
assistance relating to parental involvement under section 1118;
‘‘(5)(A) where educational service agencies exist, the State
educational agency will consider providing professional develop-
ment and technical assistance through such agencies; and
‘‘(B) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other cooperative
agreements such as through a consortium of local educational
agencies;
‘‘(6) the State educational agency will notify local edu-
cational agencies and the public of the content and student
academic achievement standards and academic assessments
developed under this section, and of the authority to operate
schoolwide programs, and will fulfill the State educational
agency’s responsibilities regarding local educational agency
improvement and school improvement under section 1116,
including such corrective actions as are necessary;
‘‘(7) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
‘‘(8) the State educational agency will inform the Secretary
and the public of how Federal laws, if at all, hinder the ability
of States to hold local educational agencies and schools account-
able for student academic achievement;
‘‘(9) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local sources
for schoolwide reform in schoolwide programs under section
1114;
‘‘(10) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114;
‘‘(11) the State educational agency has involved the com-
mittee of practitioners established under section 1903(b) in
developing the plan and monitoring its implementation;
‘‘(12) the State educational agency will inform local edu-
cational agencies in the State of the local educational agency’s
authority to transfer funds under title VI, to obtain waivers
under part D of title IX, and, if the State is an Ed-Flex Partner-
ship State, to obtain waivers under the Education Flexibility
Partnership Act of 1999;
‘‘(13) the State educational agency will coordinate activities
funded under this part with other Federal activities as appro-
priate; and
H. R. 1—32
‘‘(14) the State educational agency will encourage local
educational agencies and individual schools participating in
a program assisted under this part to offer family literacy
services (using funds under this part), if the agency or school
determines that a substantial number of students served under
this part by the agency or school have parents who do not
have a secondary school diploma or its recognized equivalent
or who have low levels of literacy.
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall describe
how the State educational agency will support the collection and
dissemination to local educational agencies and schools of effective
parental involvement practices. Such practices shall—
‘‘(1) be based on the most current research that meets
the highest professional and technical standards, on effective
parental involvement that fosters achievement to high stand-
ards for all children; and
‘‘(2) be geared toward lowering barriers to greater participa-
tion by parents in school planning, review, and improvement
experienced.
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) SECRETARIAL DUTIES.—The Secretary shall—
‘‘(A) establish a peer-review process to assist in the
review of State plans;
‘‘(B) appoint individuals to the peer-review process who
are representative of parents, teachers, State educational
agencies, and local educational agencies, and who are
familiar with educational standards, assessments, account-
ability, the needs of low-performing schools, and other edu-
cational needs of students;
‘‘(C) approve a State plan within 120 days of its submis-
sion unless the Secretary determines that the plan does
not meet the requirements of this section;
‘‘(D) if the Secretary determines that the State plan
does not meet the requirements of subsection (a), (b), or
(c), immediately notify the State of such determination
and the reasons for such determination;
‘‘(E) 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 requirements of sub-
sections (a), (b), and (c); and
‘‘(iii) providing a hearing; and
‘‘(F) have the authority to disapprove a State plan
for not meeting the requirements of this part, but shall
not have the authority to require a State, as a condition
of approval of the State plan, to include in, or delete
from, such plan one or more specific elements of the State’s
academic content standards or to use specific academic
assessment instruments or items.
‘‘(2) STATE REVISIONS.—A State plan shall be revised by
the State educational agency if it is necessary to satisfy the
requirements of this section.
‘‘(f) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and
H. R. 1—33
‘‘(B) be periodically reviewed and revised as necessary
by the State educational agency to reflect changes in the
State’s strategies and programs under this part.
‘‘(2) ADDITIONAL INFORMATION.—If significant changes are
made to a State’s plan, such as the adoption of new State
academic content standards and State student achievement
standards, new academic assessments, or a new definition of
adequate yearly progress, such information shall be submitted
to the Secretary.
‘‘(g) PENALTIES.—
‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.—
‘‘(A) IN GENERAL.—If a State fails to meet the deadlines
established by the Improving America’s Schools Act of 1994
(or under any waiver granted by the Secretary or under
any compliance agreement with the Secretary) for dem-
onstrating that the State has in place challenging academic
content standards and student achievement standards, and
a system for measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25 percent of the
funds that would otherwise be available to the State for
State administration and activities under this part in each
year until the Secretary determines that the State meets
those requirements.
‘‘(B) NO EXTENSION.—Notwithstanding any other provi-
sion of law, 90 days after the date of enactment of the
No Child Left Behind Act of 2001 the Secretary shall
not grant any additional waivers of, or enter into any
additional compliance agreements to extend, the deadlines
described in subparagraph (A) for any State.
‘‘(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.—
If a State fails to meet any of the requirements of this section,
other than the requirements described in paragraph (1), then
the Secretary may withhold funds for State administration
under this part until the Secretary determines that the State
has fulfilled those requirements.
‘‘(h) REPORTS.—
‘‘(1) ANNUAL STATE REPORT CARD.—
‘‘(A) IN
GENERAL.—Not later than the beginning of
the 2002–2003 school year, unless the State has received
a 1-year extension pursuant to subsection (c)(1), a State
that receives assistance under this part shall prepare and
disseminate an annual State report card.
‘‘(B) IMPLEMENTATION.—The State report card shall
be—
‘‘(i) concise; and
‘‘(ii) presented in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
‘‘(C) REQUIRED INFORMATION.—The State shall include
in its annual State report card—
‘‘(i) information, in the aggregate, on student
achievement at each proficiency level on the State aca-
demic assessments described in subsection (b)(3)
(disaggregated by race, ethnicity, gender, disability
status, migrant status, English proficiency, and status
as economically disadvantaged, except that such
disaggregation shall not be required in a case in which
H. R. 1—34
the number of students in a category is insufficient
to yield statistically reliable information or the results
would reveal personally identifiable information about
an individual student);
‘‘(ii) information that provides a comparison
between the actual achievement levels of each group
of students described in subsection (b)(2)(C)(v) and the
State’s annual measurable objectives for each such
group of students on each of the academic assessments
required under this part;
‘‘(iii) the percentage of students not tested
(disaggregated by the same categories and subject to
the same exception described in clause (i));
‘‘(iv) the most recent 2-year trend in student
achievement in each subject area, and for each grade
level, for which assessments under this section are
required;
‘‘(v) aggregate information on any other indicators
used by the State to determine the adequate yearly
progress of students in achieving State academic
achievement standards;
‘‘(vi) graduation rates for secondary school students
consistent with subsection (b)(2)(C)(vi);
‘‘(vii) information on the performance of local edu-
cational agencies in the State regarding making ade-
quate yearly progress, including the number and
names of each school identified for school improvement
under section 1116; and
‘‘(viii) the professional qualifications of teachers
in the State, the percentage of such teachers teaching
with emergency or provisional credentials, and the
percentage of classes in the State not taught by highly
qualified teachers, in the aggregate and disaggregated
by high-poverty compared to low-poverty schools which,
for the purpose of this clause, means schools in the
top quartile of poverty and the bottom quartile of pov-
erty in the State.
‘‘(D) OPTIONAL INFORMATION.—The State may include
in its annual State report card such other information
as the State believes will best provide parents, students,
and other members of the public with information
regarding the progress of each of the State’s public
elementary schools and public secondary schools. Such
information may include information regarding—
‘‘(i) school attendance rates;
‘‘(ii) average class size in each grade;
‘‘(iii) academic achievement and gains in English
proficiency of limited English proficient students;
‘‘(iv) the incidence of school violence, drug abuse,
alcohol abuse, student suspensions, and student expul-
sions;
‘‘(v) the extent and type of parental involvement
in the schools;
‘‘(vi) 
the 
percentage 
of 
students 
completing
advanced placement courses, and the rate of passing
of advanced placement tests; and
H. R. 1—35
‘‘(vii) a clear and concise description of the State’s
accountability system, including a description of the
criteria by which the State evaluates school perform-
ance, and the criteria that the State has established,
consistent with subsection (b)(2), to determine the
status of schools regarding school improvement, correc-
tive action, and restructuring.
‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.—
‘‘(A) REPORT CARDS.—
‘‘(i) IN
GENERAL.—Not later than the beginning
of the 2002–2003 school year, a local educational
agency that receives assistance under this part shall
prepare and disseminate an annual local educational
agency report card, except that the State educational
agency may provide the local educational agency 1
additional year if the local educational agency dem-
onstrates that exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of
the 
local 
educational 
agency, 
prevented 
full
implementation of this paragraph by that deadline and
that the local educational agency will complete
implementation within the additional 1-year period.
‘‘(ii) SPECIAL RULE.—If a State educational agency
has received an extension pursuant to subsection (c)(1),
then a local educational agency within that State shall
not be required to include the information required
under paragraph (1)(C) in such report card during
such extension.
‘‘(B) MINIMUM REQUIREMENTS.—The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local edu-
cational agency’s annual report the information described
in paragraph (1)(C) as applied to the local educational
agency and each school served by the local educational
agency, and—
‘‘(i) in the case of a local educational agency—
‘‘(I) the number and percentage of schools
identified for school improvement under section
1116(c) and how long the schools have been so
identified; and
‘‘(II) information that shows how students
served by the local educational agency achieved
on the statewide academic assessment compared
to students in the State as a whole; and
‘‘(ii) in the case of a school—
‘‘(I) whether the school has been identified
for school improvement; and
‘‘(II) information that shows how the school’s
students achievement on the statewide academic
assessments and other indicators of adequate
yearly progress compared to students in the local
educational agency and the State as a whole.
‘‘(C) OTHER INFORMATION.—A local educational agency
may include in its annual local educational agency report
card any other appropriate information, whether or not
H. R. 1—36
such information is included in the annual State report
card.
‘‘(D) DATA.—A local educational agency or school shall
only include in its annual local educational agency report
card data that are sufficient to yield statistically reliable
information, as determined by the State, and that do not
reveal personally identifiable information about an indi-
vidual student.
‘‘(E) PUBLIC
DISSEMINATION.—The local educational
agency shall, not later than the beginning of the 2002–
2003 school year, unless the local educational agency has
received a 1-year extension pursuant to subparagraph (A),
publicly disseminate the information described in this para-
graph to all schools in the school district served by the
local educational agency and to all parents of students
attending those schools in an understandable and uniform
format and, to the extent practicable, provided in a lan-
guage that the parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media, and
distribution through public agencies, except that if a local
educational agency issues a report card for all students,
the local educational agency may include the information
under this section as part of such report.
‘‘(3) PREEXISTING
REPORT
CARDS.—A State educational
agency or local educational agency that was providing public
report cards on the performance of students, schools, local
educational agencies, or the State prior to the enactment of
the No Child Left Behind Act of 2001 may use those report
cards for the purpose of this subsection, so long as any such
report card is modified, as may be needed, to contain the
information required by this subsection.
‘‘(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available
within the State—
‘‘(A) beginning with school year 2002–2003, information
on the State’s progress in developing and implementing
the academic assessments described in subsection (b)(3);
‘‘(B) beginning not later than school year 2002–2003,
information on the achievement of students on the aca-
demic assessments required by subsection (b)(3), including
the disaggregated results for the categories of students
identified in subsection (b)(2)(C)(v);
‘‘(C) in any year before the State begins to provide
the information described in subparagraph (B), information
on the results of student academic assessments (including
disaggregated results) required under this section;
‘‘(D) beginning not later than school year 2002–2003,
unless the State has received an extension pursuant to
subsection (c)(1), information on the acquisition of English
proficiency by children with limited English proficiency;
‘‘(E) the number and names of each school identified
for school improvement under section 1116(c), the reason
why each school was so identified, and the measures taken
to address the achievement problems of such schools;
H. R. 1—37
‘‘(F) the number of students and schools that partici-
pated in public school choice and supplemental service
programs and activities under this title; and
‘‘(G) beginning not later than the 2002–2003 school
year, information on the quality of teachers and the
percentage of classes being taught by highly qualified
teachers in the State, local educational agency, and school.
‘‘(5) REPORT TO CONGRESS.—The Secretary shall transmit
annually to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that
provides national and State-level data on the information col-
lected under paragraph (4).
‘‘(6) PARENTS RIGHT-TO-KNOW.—
‘‘(A) QUALIFICATIONS.—At the beginning of each school
year, a local educational agency that receives funds under
this part shall notify the parents of each student attending
any school receiving funds under this part that the parents
may request, and the agency will provide the parents on
request (and in a timely manner), information regarding
the professional qualifications of the student’s classroom
teachers, including, at a minimum, the following:
‘‘(i) Whether the teacher has met State qualifica-
tion and licensing criteria for the grade levels and
subject areas in which the teacher provides instruction.
‘‘(ii) Whether the teacher is teaching under emer-
gency or other provisional status through which State
qualification or licensing criteria have been waived.
‘‘(iii) The baccalaureate degree major of the teacher
and any other graduate certification or degree held
by the teacher, and the field of discipline of the certifi-
cation or degree.
‘‘(iv) Whether the child is provided services by
paraprofessionals and, if so, their qualifications.
‘‘(B) ADDITIONAL
INFORMATION.—In addition to the
information that parents may request under subparagraph
(A), a school that receives funds under this part shall
provide to each individual parent—
‘‘(i) information on the level of achievement of the
parent’s child in each of the State academic assess-
ments as required under this part; and
‘‘(ii) timely notice that the parent’s child has been
assigned, or has been taught for four or more consecu-
tive weeks by, a teacher who is not highly qualified.
‘‘(C) FORMAT.—The notice and information provided
to parents under this paragraph shall be in an understand-
able and uniform format and, to the extent practicable,
provided in a language that the parents can understand.
‘‘(i) PRIVACY.—Information collected under this section shall
be collected and disseminated in a manner that protects the privacy
of individuals.
‘‘(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a
State educational agency, at the State educational agency’s request,
technical assistance in meeting the requirements of this section,
including the provision of advice by experts in the development
H. R. 1—38
of high-quality academic assessments, the setting of State stand-
ards, the development of measures of adequate yearly progress
that are valid and reliable, and other relevant areas.
‘‘(k) VOLUNTARY PARTNERSHIPS.—A State may enter into a vol-
untary partnership with another State to develop and implement
the academic assessments and standards required under this sec-
tion.
‘‘(l) CONSTRUCTION.—Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
‘‘(m) SPECIAL
RULE
WITH
RESPECT
TO
BUREAU-FUNDED
SCHOOLS.—In determining the assessments to be used by each
operated or funded by BIA school receiving funds under this part,
the following shall apply:
‘‘(1) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by
the Secretary of the Interior.
‘‘(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment,
in consultation with and with the approval of, the Secretary
of the Interior and consistent with assessments adopted by
other schools in the same State or region, that meets the
requirements of this section.
‘‘(3) Each such school that is accredited by a tribal accred-
iting agency or tribal division of education shall use an assess-
ment developed by such agency or division, except that the
Secretary of the Interior shall ensure that such assessment
meets the requirements of this section.
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) SUBGRANTS.—A local educational agency may receive
a subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
‘‘(2) CONSOLIDATED APPLICATION.—The plan may be sub-
mitted as part of a consolidated application under section 9305.
‘‘(b) PLAN PROVISIONS.—
‘‘(1) IN GENERAL.—In order to help low-achieving children
meet challenging achievement academic standards, each local
educational agency plan shall include—
‘‘(A) a description of high-quality student academic
assessments, if any, that are in addition to the academic
assessments described in the State plan under section
1111(b)(3), that the local educational agency and schools
served under this part will use—
‘‘(i) to determine the success of children served
under this part in meeting the State student academic
achievement standards, and to provide information to
teachers, parents, and students on the progress being
made toward meeting the State student academic
H. R. 1—39
achievement 
standards 
described 
in 
section
1111(b)(1)(D)(ii);
‘‘(ii) to assist in diagnosis, teaching, and learning
in the classroom in ways that best enable low-achieving
children served under this part to meet State student
achievement academic standards and do well in the
local curriculum;
‘‘(iii) to determine what revisions are needed to
projects under this part so that such children meet
the State student academic achievement standards;
and
‘‘(iv) to identify effectively students who may be
at risk for reading failure or who are having difficulty
reading, through the use of screening, diagnostic, and
classroom-based instructional reading assessments, as
defined under section 1208;
‘‘(B) at the local educational agency’s discretion, a
description of any other indicators that will be used in
addition to the academic indicators described in section
1111 for the uses described in such section;
‘‘(C) a description of how the local educational agency
will provide additional educational assistance to individual
students assessed as needing help in meeting the State’s
challenging student academic achievement standards;
‘‘(D) a description of the strategy the local educational
agency will use to coordinate programs under this part
with programs under title II to provide professional
development for teachers and principals, and, if appro-
priate, pupil services personnel, administrators, parents
and other staff, including local educational agency level
staff in accordance with sections 1118 and 1119;
‘‘(E) a description of how the local educational agency
will coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as—
‘‘(i) Even Start, Head Start, Reading First, Early
Reading First, and other preschool programs, including
plans for the transition of participants in such pro-
grams to local elementary school programs; and
‘‘(ii) services for children with limited English pro-
ficiency, children with disabilities, migratory children,
neglected or delinquent youth, Indian children served
under part A of title VII, homeless children, and
immigrant children in order to increase program
effectiveness, eliminate duplication, and reduce frag-
mentation of the instructional program;
‘‘(F) an assurance that the local educational agency
will participate, if selected, in the State National Assess-
ment of Educational Progress in 4th and 8th grade reading
and mathematics carried out under section 411(b)(2) of
the National Education Statistics Act of 1994;
‘‘(G) a description of the poverty criteria that will be
used to select school attendance areas under section 1113;
‘‘(H) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify
H. R. 1—40
the eligible children most in need of services under this
part;
‘‘(I) a general description of the nature of the programs
to be conducted by such agency’s schools under sections
1114 and 1115 and, where appropriate, educational services
outside such schools for children living in local institutions
for neglected or delinquent children, and for neglected and
delinquent children in community day school programs;
‘‘(J) a description of how the local educational agency
will ensure that migratory children and formerly migratory
children who are eligible to receive services under this
part are selected to receive such services on the same
basis as other children who are selected to receive services
under this part;
‘‘(K) if appropriate, a description of how the local edu-
cational agency will use funds under this part to support
preschool programs for children, particularly children
participating in Early Reading First, or in a Head Start
or Even Start program, which services may be provided
directly by the local educational agency or through a sub-
contract with the local Head Start agency designated by
the Secretary of Health and Human Services under section
641 of the Head Start Act, or an agency operating an
Even Start program, an Early Reading First program, or
another comparable public early childhood development
program;
‘‘(L) a description of the actions the local educational
agency will take to assist its low-achieving schools identi-
fied under section 1116 as in need of improvement;
‘‘(M) a description of the actions the local educational
agency will take to implement public school choice and
supplemental services, consistent with the requirements
of section 1116;
‘‘(N) a description of how the local educational agency
will meet the requirements of section 1119;
‘‘(O) a description of the services the local educational
agency will provide homeless children, including services
provided with funds reserved under section 1113(c)(3)(A);
‘‘(P) a description of the strategy the local educational
agency will use to implement effective parental involvement
under section 1118; and
‘‘(Q) where appropriate, a description of how the local
educational agency will use funds under this part to sup-
port after school (including before school and summer
school) and school-year extension programs.
‘‘(2) EXCEPTION.—The academic assessments and indicators
described in subparagraphs (A) and (B) of paragraph (1) shall
not be used—
‘‘(A) in lieu of the academic assessments required under
section 1111(b)(3) and other State academic indicators
under section 1111(b)(2); or
‘‘(B) to reduce the number of, or change which, schools
would otherwise be subject to school improvement, correc-
tive action, or restructuring under section 1116, if such
additional assessments or indicators described in such sub-
paragraphs were not used, but such assessments and
indicators may be used to identify additional schools for
H. R. 1—41
school improvement or in need of corrective action or
restructuring.
‘‘(c) ASSURANCES.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
provide assurances that the local educational agency will—
‘‘(A) inform eligible schools and parents of schoolwide
program authority and the ability of such schools to consoli-
date funds from Federal, State, and local sources;
‘‘(B) provide technical assistance and support to
schoolwide programs;
‘‘(C) work in consultation with schools as the schools
develop the schools’ plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting
the State student academic achievement standards;
‘‘(D) fulfill such agency’s school improvement respon-
sibilities under section 1116, including taking actions under
paragraphs (7) and (8) of section 1116(b);
‘‘(E) provide services to eligible children attending pri-
vate elementary schools and secondary schools in accord-
ance with section 1120, and timely and meaningful con-
sultation with private school officials regarding such serv-
ices;
‘‘(F) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant scientifically based research indicating that serv-
ices may be most effective if focused on students in the
earliest grades at schools that receive funds under this
part;
‘‘(G) in the case of a local educational agency that
chooses to use funds under this part to provide early child-
hood development services to low-income children below
the age of compulsory school attendance, ensure that such
services comply with the performance standards estab-
lished under section 641A(a) of the Head Start Act;
‘‘(H) work in consultation with schools as the schools
develop and implement their plans or activities under sec-
tions 1118 and 1119;
‘‘(I) comply with the requirements of section 1119
regarding the qualifications of teachers and paraprofes-
sionals and professional development;
‘‘(J) inform eligible schools of the local educational
agency’s authority to obtain waivers on the school’s behalf
under title IX and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education Flexibility
Partnership Act of 1999;
‘‘(K) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational
agency, with the State educational agency and other agen-
cies providing services to children, youth, and families with
respect to a school in school improvement, corrective action,
or restructuring under section 1116 if such a school
requests assistance from the local educational agency in
addressing major factors that have significantly affected
student achievement at the school;
H. R. 1—42
‘‘(L) ensure, through incentives for voluntary transfers,
the provision of professional development, recruitment pro-
grams, or other effective strategies, that low-income stu-
dents and minority students are not taught at higher rates
than other students by unqualified, out-of-field, or inexperi-
enced teachers;
‘‘(M) use the results of the student academic assess-
ments required under section 1111(b)(3), and other meas-
ures or indicators available to the agency, to review
annually the progress of each school served by the agency
and receiving funds under this part to determine whether
all of the schools are making the progress necessary to
ensure that all students will meet the State’s proficient
level of achievement on the State academic assessments
described in section 1111(b)(3) within 12 years from the
end of the 2001–2002 school year;
‘‘(N) ensure that the results from the academic assess-
ments required under section 1111(b)(3) will be provided
to parents and teachers as soon as is practicably possible
after the test is taken, in an understandable and uniform
format and, to the extent practicable, provided in a lan-
guage that the parents can understand; and
‘‘(O) assist each school served by the agency and
assisted under this part in developing or identifying exam-
ples of high-quality, effective curricula consistent with sec-
tion 1111(b)(8)(D).
‘‘(2) SPECIAL RULE.—In carrying out subparagraph (G) of
paragraph (1), the Secretary—
‘‘(A) shall consult with the Secretary of Health and
Human Services and shall establish procedures (taking
into consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to
comply with such subparagraph; and
‘‘(B) shall disseminate to local educational agencies
the Head Start performance standards as in effect under
section 641A(a) of the Head Start Act, and such agencies
affected by such subparagraph shall plan for the
implementation of such subparagraph (taking into consider-
ation existing State and local laws, and local teacher con-
tracts), including pursuing the availability of other Federal,
State, and local funding sources to assist in compliance
with such subparagraph.
‘‘(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs that are expanded through
the use of funds under this part.
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational agency plan
shall be developed in consultation with teachers, principals,
administrators (including administrators of programs described
in other parts of this title), and other appropriate school per-
sonnel, and with parents of children in schools served under
this part.
‘‘(2) DURATION.—Each such plan shall be submitted for
the first year for which this part is in effect following the
date of enactment of the No Child Left Behind Act of 2001
H. R. 1—43
and shall remain in effect for the duration of the agency’s
participation under this part.
‘‘(3) REVIEW.—Each local educational agency shall periodi-
cally review and, as necessary, revise its plan.
‘‘(e) STATE APPROVAL.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
be filed according to a schedule established by the State edu-
cational 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) enables schools served under this part to substan-
tially help children served under this part meet the aca-
demic standards expected of all children described in sec-
tion 1111(b)(1); and
‘‘(B) meets the requirements of this section.
‘‘(3) REVIEW.—The State educational agency shall review
the local educational agency’s plan to determine if such agencies
activities are in accordance with sections 1118 and 1119.
‘‘(f) PROGRAM RESPONSIBILITY.—The local educational agency
plan shall reflect the shared responsibility of schools, teachers,
and the local educational agency in making decisions regarding
activities under sections 1114 and 1115.
‘‘(g) PARENTAL NOTIFICATION.—
‘‘(1) IN GENERAL.—
‘‘(A) NOTICE.—Each local educational agency using
funds under this part to provide a language instruction
educational program as determined in part C of title III
shall, not later than 30 days after the beginning of the
school year, inform a parent or parents of a limited English
proficient child identified for participation or participating
in, such a program of—
‘‘(i) the reasons for the identification of their child
as limited English proficient and in need of placement
in a language instruction educational program;
‘‘(ii) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement;
‘‘(iii) the methods of instruction used in the pro-
gram in which their child is, or will be participating,
and the methods of instruction used in other available
programs, including how such programs differ in con-
tent, instructional goals, and the use of English and
a native language in instruction;
‘‘(iv) how the program in which their child is, or
will be participating, will meet the educational
strengths and needs of their child;
‘‘(v) how such program will specifically help their
child learn English, and meet age-appropriate aca-
demic achievement standards for grade promotion and
graduation;
‘‘(vi) the specific exit requirements for the program,
including the expected rate of transition from such
program into classrooms that are not tailored for lim-
ited English proficient children, and the expected rate
of graduation from secondary school for such program
H. R. 1—44
if funds under this part are used for children in sec-
ondary schools;
‘‘(vii) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child;
‘‘(viii) information pertaining to parental rights
that includes written guidance—
‘‘(I) detailing—
‘‘(aa) the right that parents have to have
their child immediately removed from such
program upon their request; and
‘‘(bb) the options that parents have to
decline to enroll their child in such program
or to choose another program or method of
instruction, if available; and
‘‘(II) assisting parents in selecting among var-
ious programs and methods of instruction, if more
than one program or method is offered by the
eligible entity.
‘‘(B) SEPARATE NOTIFICATION.—In addition to providing
the information required to be provided under paragraph
(1), each eligible entity that is using funds provided under
this part to provide a language instruction educational
program, and that has failed to make progress on the
annual measurable achievement objectives described in sec-
tion 3122 for any fiscal year for which part A is in effect,
shall separately inform a parent or the parents of a child
identified for participation in such program, or partici-
pating in such program, of such failure not later than
30 days after such failure occurs.
‘‘(2) NOTICE.—The notice and information provided in para-
graph (1) to a parent or parents of a child identified for partici-
pation in a language instruction educational program for lim-
ited English proficient children shall be in an understandable
and uniform format and, to the extent practicable, provided
in a language that the parents can understand.
‘‘(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.—
For those children who have not been identified as limited
English proficient prior to the beginning of the school year
the local educational agency shall notify parents within the
first 2 weeks of the child being placed in a language instruction
educational program consistent with paragraphs (1) and (2).
‘‘(4) PARENTAL
PARTICIPATION.—Each local educational
agency receiving funds under this part shall implement an
effective means of outreach to parents of limited English pro-
ficient students to inform the parents regarding how the par-
ents can be involved in the education of their children, and
be active participants in assisting their children to attain
English proficiency, achieve at high levels in core academic
subjects, and meet challenging State academic achievement
standards and State academic content standards expected of
all students, including holding, and sending notice of opportuni-
ties for, regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this part.
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall
not be admitted to, or excluded from, any federally assisted
H. R. 1—45
education program on the basis of a surname or language-
minority status.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) DETERMINATION.—
‘‘(1) IN
GENERAL.—A local educational agency shall use
funds received under this part only in eligible school attendance
areas.
‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the pur-
poses of this part—
‘‘(A) the term ‘school attendance area’ means, in rela-
tion 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 chil-
dren from low-income families is at least as high as the
percentage of children from low-income families served by
the local educational agency as a whole.
‘‘(3) RANKING ORDER.—If funds allocated in accordance with
subsection (c) are insufficient to serve all eligible school attend-
ance areas, a local educational agency shall—
‘‘(A) annually rank, without regard to grade spans,
such agency’s eligible school attendance areas in which
the concentration of children from low-income families
exceeds 75 percent from highest to lowest according to
the percentage of children from low-income families; and
‘‘(B) serve such eligible school attendance areas in rank
order.
‘‘(4) REMAINING FUNDS.—If funds remain after serving all
eligible school attendance areas under paragraph (3), a local
educational agency shall—
‘‘(A) annually rank such agency’s remaining eligible
school attendance areas from highest to lowest either by
grade span or for the entire local educational agency
according to the percentage of children from low-income
families; and
‘‘(B) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within
the local educational agency as a whole.
‘‘(5) MEASURES.—The local educational agency shall use
the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted in
the most recent census data approved by the Secretary, the
number of children eligible for free and reduced priced lunches
under the Richard B. Russell National School Lunch Act, the
number of children in families receiving assistance under the
State program funded under part A of title IV of the Social
Security Act, or the number of children eligible to receive
medical assistance 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 subsection (c).
H. R. 1—46
‘‘(6) EXCEPTION.—This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
‘‘(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary
may approve a local educational agency’s written request for
a waiver of the requirements of subsections (a) and (c), and
permit such agency to treat as eligible, and serve, any school
that children attend with a State-ordered, court-ordered school
desegregation plan or a plan that continues to be implemented
in accordance with a State-ordered or court-ordered desegrega-
tion plan, if—
‘‘(A) the number of economically disadvantaged chil-
dren enrolled in the school is at least 25 percent of the
school’s total enrollment; and
‘‘(B) 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.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
‘‘(1) IN
GENERAL.—Notwithstanding subsection (a)(2), a
local educational agency may—
‘‘(A) designate as eligible any school attendance area
or school in which at least 35 percent of the children
are from low-income families;
‘‘(B) use funds received under this part in a school
that is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled
in the school is equal to or greater than the percentage
of such children in a participating school attendance area
of such agency;
‘‘(C) designate and serve a school attendance area or
school that is not eligible under this section, but that
was eligible and that was served in the preceding fiscal
year, but only for 1 additional fiscal year; and
‘‘(D) 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 comparability require-
ments of section 1120A(c);
‘‘(ii) the school is receiving supplemental 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.
‘‘(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the
number of children attending private elementary schools 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 attend-
ance area in which such children reside is assisted under
subparagraph (A).
‘‘(c) ALLOCATIONS.—
‘‘(1) IN GENERAL.—A local educational agency shall allocate
funds received under this part to eligible school attendance
areas or eligible schools, identified under subsections (a) and
H. R. 1—47
(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) IN GENERAL.—Except as provided in subparagraph
(B), the per-pupil amount of funds allocated 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 received for that year under the
poverty criteria described by the local educational agency
in the plan submitted under section 1112, except that
this paragraph 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) EXCEPTION.—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 educationally related support
services to children in shelters and other locations where
children may live;
‘‘(B) children in local institutions for neglected children;
and
‘‘(C) if appropriate, children in local institutions for
delinquent children, and neglected or delinquent children
in community day school programs.
‘‘(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—
A local educational agency may reserve such funds as are
necessary from those funds received by the local educational
agency under title II, and not more than 5 percent of those
funds received by the local educational agency under subpart
2, to provide financial incentives and rewards to teachers who
serve in schools eligible under this section and identified for
school improvement, corrective action, and restructuring under
section 1116(b) for the purpose of attracting and retaining
qualified and effective teachers.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
‘‘(1) IN GENERAL.—A local educational agency may consoli-
date and use funds under this part, together with other Federal,
State, and local funds, in order to upgrade the entire edu-
cational program of a school that serves an eligible school
attendance area in which not less than 40 percent of the chil-
dren are from low-income families, or not less than 40 percent
of the children enrolled in the school are from such families.
‘‘(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—
‘‘(A) IN
GENERAL.—No school participating in a
schoolwide program shall be required—
‘‘(i) to identify particular children under this part
as eligible to participate in a schoolwide program; or
H. R. 1—48
‘‘(ii) to provide services to such children that are
supplementary, as otherwise required by section
1120A(b).
‘‘(B) SUPPLEMENTAL FUNDS.—A school participating in
a schoolwide program shall use funds available to carry
out this section only to supplement the amount of funds
that would, in the absence of funds under this part, be
made available from non-Federal sources for the school,
including funds needed to provide services that are required
by law for children with disabilities and children with
limited English proficiency.
‘‘(3) 
EXEMPTION
FROM
STATUTORY
AND
REGULATORY
REQUIREMENTS.—
‘‘(A) EXEMPTION.—Except as provided in subsection (b),
the Secretary may, through publication of a notice in the
Federal Register, exempt schoolwide programs under this
section from statutory or regulatory provisions of any other
noncompetitive formula grant program administered by the
Secretary (other than formula or discretionary grant pro-
grams under the Individuals with Disabilities Education
Act, except as provided in section 613(a)(2)(D) of such Act),
or any discretionary grant program administered by the
Secretary, to support schoolwide programs if the intent
and purposes of such other programs are met.
‘‘(B) REQUIREMENTS.—A school that chooses to use
funds from such other programs shall not be relieved of
the requirements relating to health, safety, civil rights,
student and parental participation and involvement, serv-
ices to private school children, maintenance of effort, com-
parability of services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the distribution of funds
to State educational agencies or local educational agencies
that apply to the receipt of funds from such programs.
‘‘(C) RECORDS.—A school that consolidates and uses
funds from different Federal programs under this section
shall not be required to maintain separate fiscal accounting
records, by program, that identify the specific activities
supported by those particular funds as long as the school
maintains records that demonstrate that the schoolwide
program, considered as a whole, addresses the intent and
purposes of each of the Federal programs that were consoli-
dated to support the schoolwide program.
‘‘(4) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
‘‘(1) IN GENERAL.—A schoolwide program shall include the
following components:
‘‘(A) A comprehensive needs assessment of the entire
school (including taking into account the needs of migratory
children as defined in section 1309(2)) that is based on
information which includes the achievement of children
in relation to the State academic content standards and
H. R. 1—49
the 
State 
student 
academic 
achievement 
standards
described in section 1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children to meet
the State’s proficient and advanced levels of student
academic 
achievement 
described 
in 
section
1111(b)(1)(D);
‘‘(ii) use effective methods and instructional strate-
gies that are based on scientifically based research
that—
‘‘(I) strengthen the core academic program in
the school;
‘‘(II) increase the amount and quality of
learning time, such as providing an extended
school year and before- and after-school and
summer programs and opportunities, and help pro-
vide an enriched and accelerated curriculum; and
‘‘(III) include strategies for meeting the edu-
cational needs of historically underserved popu-
lations;
‘‘(iii)(I) include strategies to address the needs of
all children in the school, but particularly the needs
of low-achieving children and those at risk of not
meeting the State student academic achievement
standards who are members of the target population
of any program that is included in the schoolwide
program, which may include—
‘‘(aa) counseling, pupil services, and mentoring
services;
‘‘(bb) college and career awareness and
preparation, such as college and career guidance,
personal 
finance 
education, 
and 
innovative
teaching methods, which may include applied
learning and team-teaching strategies; and
‘‘(cc) the integration of vocational and technical
education programs; and
‘‘(II) address how the school will determine if such
needs have been met; and
‘‘(iv) are consistent with, and are designed to imple-
ment, the State and local improvement plans, if any.
‘‘(C) Instruction by highly qualified teachers.
‘‘(D) In accordance with section 1119 and subsection
(a)(4), high-quality and ongoing professional development
for teachers, principals, and paraprofessionals and, if
appropriate, pupil services personnel, parents, and other
staff to enable all children in the school to meet the State’s
student academic achievement standards.
‘‘(E) Strategies to attract high-quality highly qualified
teachers to high-need schools.
‘‘(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary serv-
ices.
‘‘(G) Plans for assisting preschool children in the transi-
tion from early childhood programs, such as Head Start,
Even Start, Early Reading First, or a State-run preschool
program, to local elementary school programs.
H. R. 1—50
‘‘(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(3) in order to provide information on, and
to improve, the achievement of individual students and
the overall instructional program.
‘‘(I) Activities to ensure that students who experience
difficulty mastering the proficient or advanced levels of
academic achievement standards required by section
1111(b)(1) shall be provided with effective, timely additional
assistance which shall include measures to ensure that
students’ difficulties are identified on a timely basis and
to provide sufficient information on which to base effective
assistance.
‘‘(J) Coordination and integration of Federal, State,
and local services and programs, including programs sup-
ported under this Act, violence prevention programs, nutri-
tion programs, housing programs, Head Start, adult edu-
cation, vocational and technical education, and job training.
‘‘(2) PLAN.—
‘‘(A) IN GENERAL.—Any eligible school that desires to
operate a schoolwide program shall first develop (or amend
a plan for such a program that was in existence on the
day before the date of enactment of the No Child Left
Behind Act of 2001), in consultation with the local edu-
cational agency and its school support team or other tech-
nical assistance provider under section 1117, a comprehen-
sive plan for reforming the total instructional program
in the school that—
‘‘(i) describes how the school will implement the
components described in paragraph (1);
‘‘(ii) describes how the school will use resources
under this part and from other sources to implement
those components;
‘‘(iii) includes a list of State educational agency
and local educational agency programs and other Fed-
eral programs under subsection (a)(3) that will be
consolidated in the schoolwide program; and
‘‘(iv) describes how the school will provide indi-
vidual student academic assessment results in a lan-
guage the parents can understand, including an
interpretation of those results, to the parents of a
child who participates in the academic assessments
required by section 1111(b)(3).
‘‘(B) PLAN
DEVELOPMENT.—The comprehensive plan
shall be—
‘‘(i) developed during a one-year period, unless—
‘‘(I) the local educational agency, after consid-
ering the recommendation of the technical assist-
ance providers under section 1117, determines that
less time is needed to develop and implement the
schoolwide program; or
‘‘(II) the school is operating a schoolwide pro-
gram on the day preceding the date of enactment
of the No Child Left Behind Act of 2001, in which
case such school may continue to operate such
program, but shall develop amendments to its
existing plan during the first year of assistance
H. R. 1—51
after that date to reflect the provisions of this
section;
‘‘(ii) developed with the involvement of parents
and other members of the community to be served
and individuals who will carry out such plan, including
teachers, principals, and administrators (including
administrators of programs described in other parts
of this title), and, if appropriate, pupil services per-
sonnel, technical assistance providers, school staff, and,
if the plan relates to a secondary school, students
from such school;
‘‘(iii) in effect for the duration of the school’s
participation under this part and reviewed and revised,
as necessary, by the school;
‘‘(iv) available to the local educational agency, par-
ents, and the public, and the information contained
in such plan shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand; and
‘‘(v) if appropriate, developed in coordination with
programs under Reading First, Early Reading First,
Even Start, Carl D. Perkins Vocational and Technical
Education Act of 1998, and the Head Start Act.
‘‘(c) PREKINDERGARTEN PROGRAM.—A school that is eligible for
a schoolwide program under this section may use funds made
available under this part to establish or enhance prekindergarten
programs for children below the age of 6, such as Even Start
programs or Early Reading First programs.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, or that choose not to operate such a schoolwide pro-
gram, a local educational agency serving such school may use
funds received under this part only for programs that provide
services to eligible children under subsection (b) identified as having
the greatest need for special assistance.
‘‘(b) ELIGIBLE CHILDREN.—
‘‘(1) ELIGIBLE POPULATION.—
‘‘(A) IN GENERAL.—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
at which the local educational agency provides a free
public education.
‘‘(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.—
From the population described in subparagraph (A), eligible
children are children identified by the school as failing,
or most at risk of failing, to meet the State’s challenging
student academic achievement standards on the basis of
multiple, educationally related, objective criteria estab-
lished by the local educational agency and supplemented
by the school, except that children from preschool through
grade 2 shall be selected solely on the basis of such criteria
as teacher judgment, interviews with parents, and develop-
mentally appropriate measures.
H. R. 1—52
‘‘(2) CHILDREN INCLUDED.—
‘‘(A) IN GENERAL.—Children who are economically dis-
advantaged, children with disabilities, migrant children or
limited English proficient children, are eligible for services
under this part on the same basis as other children selected
to receive services under this part.
‘‘(B) HEAD START, EVEN START, OR EARLY READING FIRST
CHILDREN.—A child who, at any time in the 2 years pre-
ceding the year for which the determination is made,
participated in a Head Start, Even Start, or Early Reading
First program, or in preschool services under this title,
is eligible for services under this part.
‘‘(C) PART C CHILDREN.—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.
‘‘(D) NEGLECTED OR DELINQUENT CHILDREN.—A child
in a local institution for neglected or delinquent children
and youth or attending a community day program for such
children is eligible for services under this part.
‘‘(E) HOMELESS CHILDREN.—A child who is homeless
and attending any school served by the local educational
agency is eligible for services under this part.
‘‘(3) SPECIAL RULE.—Funds received under this part may
not be used to provide services that are otherwise required
by law to be made available to children described in paragraph
(2) but may be used to coordinate or supplement such services.
‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PRO-
GRAM.—
‘‘(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 part the oppor-
tunity to meet the State’s challenging student academic
achievement standards in subjects as determined by the State,
each targeted assistance program under this section shall—
‘‘(A) use such program’s resources under this part to
help participating children meet such State’s challenging
student academic achievement standards expected for all
children;
‘‘(B) ensure that planning for students served under
this part is incorporated into existing school planning;
‘‘(C) use effective methods and instructional strategies
that are based on scientifically based research that
strengthens the core academic program of the school and
that—
‘‘(i) give primary consideration to providing
extended learning time, such as an extended school
year, before- and after-school, and summer programs
and opportunities;
‘‘(ii) help provide an accelerated, high-quality cur-
riculum, 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 regular education
program, which may include services to assist preschool
children in the transition from early childhood programs
H. R. 1—53
such as Head Start, Even Start, Early Reading First or
State-run preschool programs to elementary school pro-
grams;
‘‘(E) provide instruction by highly qualified teachers;
‘‘(F) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development
with resources provided under this part, and, to the extent
practicable, from other sources, for teachers, principals,
and paraprofessionals, including, if appropriate, pupil serv-
ices personnel, parents, and other staff, who work with
participating children in programs under this section or
in the regular education program;
‘‘(G) provide strategies to increase parental involve-
ment in accordance with section 1118, such as family lit-
eracy services; and
‘‘(H) coordinate and integrate Federal, State, and local
services and programs, including programs supported
under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start, adult education,
vocational and technical education, and job training.
‘‘(2) REQUIREMENTS.—Each school conducting a program
under this section shall assist participating children selected
in accordance with subsection (b) to meet the State’s proficient
and advanced levels of achievement by—
‘‘(A) the coordinating 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 children to meet the State’s challenging stu-
dent academic achievement standards, such as an extended
school year, before- and after-school, and summer programs
and opportunities, training for teachers regarding how to
identify students who need additional assistance, and
training for teachers regarding how to implement student
academic achievement standards in the classroom.
‘‘(d) INTEGRATION
OF PROFESSIONAL DEVELOPMENT.—To pro-
mote the integration of staff supported with funds under this part
into the regular school program and overall school planning and
improvement efforts, public school personnel who are paid with
funds received under this part may—
‘‘(1) participate in general professional development and
school planning activities; and
‘‘(2) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond class-
room instruction or that do not benefit participating children,
so long as the amount of time spent on such duties is the
same proportion of total work time as prevails with respect
to similar personnel at the same school.
‘‘(e) SPECIAL RULES.—
‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this section shall
be construed to prohibit a school from serving students under
this section simultaneously with students with similar edu-
cational needs, in the same educational settings where appro-
priate.
‘‘(2) COMPREHENSIVE SERVICES.—If—
H. R. 1—54
‘‘(A) health, nutrition, and other social services are
not otherwise available to eligible children in a targeted
assistance school and such school, if appropriate, has
engaged in a comprehensive needs assessment and estab-
lished a collaborative partnership with local service pro-
viders; and
‘‘(B) funds are not reasonably available from other
public or private sources to provide such services, then
a portion of the funds provided under this part may be
used as a last resort to provide such services, including—
‘‘(i) the provision of basic medical equipment, such
as eyeglasses and hearing aids;
‘‘(ii) compensation of a coordinator; and
‘‘(iii) professional development necessary to assist
teachers, pupil services personnel, other staff, and par-
ents in identifying and meeting the comprehensive
needs of eligible children.
‘‘(3) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to carry out effectively the professional development
activities described in subparagraph (F) of subsection (c)(1)
in accordance with section 1119 for such fiscal year, and a
school may enter into a consortium with another school to
carry out such activities.
‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL
AGENCY AND SCHOOL IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
funds under this part shall—
‘‘(A) use the State academic assessments and other
indicators described in the State plan to review annually
the progress of each school served under this part to deter-
mine whether the school is making adequate yearly
progress as defined in section 1111(b)(2);
‘‘(B) at the local educational agency’s discretion, use
any academic assessments or any other academic indicators
described in the local educational agency’s plan under sec-
tion 1112(b)(1)(A) and (B) to review annually the progress
of each school served under this part to determine whether
the school is making adequate yearly progress as defined
in section 1111(b)(2), except that the local educational
agency may not use such indicators (other than as provided
for in section 1111(b)(2)(I)) if the indicators reduce the
number or change the schools that would otherwise be
subject to school improvement, corrective action, or restruc-
turing under section 1116 if such additional indicators
were not used, but may identify additional schools for
school improvement or in need of corrective action or
restructuring;
‘‘(C) publicize and disseminate the results of the local
annual review described in paragraph (1) to parents,
teachers, principals, schools, and the community so that
the teachers, principals, other staff, and schools can contin-
ually refine, in an instructionally useful manner, the pro-
gram of instruction to help all children served under this
H. R. 1—55
part meet the challenging State student academic achieve-
ment standards established under section 1111(b)(1); and
‘‘(D) review the effectiveness of the actions and activi-
ties the schools are carrying out under this part with
respect to parental involvement, professional development,
and other activities assisted under this part.
‘‘(2) AVAILABLE
RESULTS.—The State educational agency
shall ensure that the results of State academic assessments
administered in that school year are available to the local
educational agency before the beginning of the next school
year.
‘‘(b) SCHOOL IMPROVEMENT.—
‘‘(1) GENERAL REQUIREMENTS.—
‘‘(A) IDENTIFICATION.—Subject to subparagraph (C), a
local educational agency shall identify for school improve-
ment any elementary school or secondary school served
under this part that fails, for 2 consecutive years, to make
adequate yearly progress as defined in the State’s plan
under section 1111(b)(2).
‘‘(B) 
DEADLINE.—The 
identification 
described 
in
subparagraph (A) shall take place before the beginning
of the school year following such failure to make adequate
yearly progress.
‘‘(C) APPLICATION.—Subparagraph (A) shall not apply
to a school if almost every student in each group specified
in section 1111(b)(2)(C)(v) enrolled in such school is meeting
or exceeding the State’s proficient level of academic achieve-
ment.
‘‘(D) TARGETED ASSISTANCE SCHOOLS.—To determine if
an elementary school or a secondary school that is con-
ducting a targeted assistance program under section 1115
should be identified for school improvement, corrective
action, or restructuring under this section, a local edu-
cational agency may choose to review the progress of only
the students in the school who are served, or are eligible
for services, under this part.
‘‘(E) PUBLIC SCHOOL CHOICE.—
‘‘(i) IN GENERAL.—In the case of a school identified
for school improvement under this paragraph, the local
educational agency shall, not later than the first day
of the school year following such identification, provide
all students enrolled in the school with the option
to transfer to another public school served by the local
educational agency, which may include a public charter
school, that has not been identified for school improve-
ment under this paragraph, unless such an option
is prohibited by State law.
‘‘(ii) RULE.—In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest achieving chil-
dren from low-income families, as determined by the
local educational agency for purposes of allocating
funds to schools under section 1113(c)(1).
‘‘(F) TRANSFER.—Students who use the option to
transfer under subparagraph (E) and paragraph (5)(A),
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be
enrolled in classes and other activities in the public school
H. R. 1—56
to which the students transfer in the same manner as
all other children at the public school.
‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME
LIMIT.—
‘‘(A) 
IDENTIFICATION.—Before 
identifying 
an
elementary school or a secondary school for school improve-
ment under paragraphs (1) or (5)(A), for corrective action
under paragraph (7), or for restructuring under paragraph
(8), the local educational agency shall provide the school
with an opportunity to review the school-level data,
including academic assessment data, on which the proposed
identification is based.
‘‘(B) EVIDENCE.—If the principal of a school proposed
for identification under paragraph (1), (5)(A), (7), or (8)
believes, or a majority of the parents of the students
enrolled in such school believe, that the proposed identifica-
tion is in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the local
educational agency, which shall consider that evidence
before making a final determination.
‘‘(C) FINAL DETERMINATION.—Not later than 30 days
after a local educational agency provides the school with
the opportunity to review such school-level data, the local
educational agency shall make public a final determination
on the status of the school with respect to the identification.
‘‘(3) SCHOOL PLAN.—
‘‘(A) REVISED PLAN.—After the resolution of a review
under paragraph (2), each school identified under para-
graph (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 serving the school, and outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and—
‘‘(i) incorporate strategies based on scientifically
based research that will strengthen the core academic
subjects in the school and address the specific academic
issues that caused the school to be identified for school
improvement, and may include a strategy for the
implementation of a comprehensive school reform
model that includes each of the components described
in part F;
‘‘(ii) adopt policies and practices concerning the
school’s core academic subjects that have the greatest
likelihood of ensuring that all groups of students speci-
fied in section 1111(b)(2)(C)(v) and enrolled in the
school will meet the State’s proficient level of achieve-
ment on the State academic assessment described in
section 1111(b)(3) not later than 12 years after the
end of the 2001–2002 school year;
‘‘(iii) provide an assurance that the school will
spend not less than 10 percent of the funds made
available to the school under section 1113 for each
fiscal year that the school is in school improvement
status, for the purpose of providing to the school’s
teachers 
and 
principal 
high-quality 
professional
development that—
H. R. 1—57
‘‘(I) directly addresses the academic achieve-
ment problem that caused the school to be identi-
fied for school improvement;
‘‘(II) meets the requirements for professional
development activities under section 1119; and
‘‘(III) is provided in a manner that affords
increased opportunity for participating in that
professional development;
‘‘(iv) specify how the funds described in clause
(iii) will be used to remove the school from school
improvement status;
‘‘(v) establish specific annual, measurable objec-
tives for continuous and substantial progress by each
group of students specified in section 1111(b)(2)(C)(v)
and enrolled in the school that will ensure that all
such groups of students will, in accordance with ade-
quate yearly progress as defined in section 1111(b)(2),
meet the State’s proficient level of achievement on
the State academic assessment described in section
1111(b)(3) not later than 12 years after the end of
the 2001–2002 school year;
‘‘(vi) describe how the school will provide written
notice about the identification to parents of each stu-
dent enrolled in such school, in a format and, to the
extent practicable, in a language that the parents can
understand;
‘‘(vii) specify the responsibilities of the school, the
local educational agency, and the State educational
agency serving the school under the plan, including
the technical assistance to be provided by the local
educational agency under paragraph (4) and the local
educational agency’s responsibilities under section
1120A;
‘‘(viii) include strategies to promote effective
parental involvement in the school;
‘‘(ix) incorporate, as appropriate, activities before
school, after school, during the summer, and during
any extension of the school year; and
‘‘(x) incorporate a teacher mentoring program.
‘‘(B) CONDITIONAL
APPROVAL.—The local educational
agency may condition approval of a school plan under this
paragraph on—
‘‘(i) inclusion of one or more of the corrective
actions specified in paragraph (7)(C)(iv); or
‘‘(ii) feedback on the school improvement plan from
parents and community leaders.
‘‘(C) PLAN
IMPLEMENTATION.—Except as provided in
subparagraph (D), a school shall implement the school plan
(including a revised plan) expeditiously, but not later than
the beginning of the next full school year following the
identification under paragraph (1).
‘‘(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwith-
standing subparagraph (C), if a plan is not approved prior
to the beginning of a school year, such plan shall be imple-
mented immediately upon approval.
H. R. 1—58
‘‘(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The local
educational agency, within 45 days of receiving a school
plan, shall—
‘‘(i) establish a peer review process to assist with
review of the school plan; and
‘‘(ii) promptly review the school plan, work with
the school as necessary, and approve the school plan
if the plan meets the requirements of this paragraph.
‘‘(4) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—For each school identified for school
improvement under paragraph (1), the local educational
agency serving the school shall ensure the provision of
technical assistance as the school develops and implements
the school plan under paragraph (3) throughout the plan’s
duration.
‘‘(B) 
SPECIFIC
ASSISTANCE.—Such 
technical
assistance—
‘‘(i) shall include assistance in analyzing data from
the assessments required under section 1111(b)(3), and
other examples of student work, to identify and address
problems in instruction, and problems if any, in imple-
menting 
the 
parental 
involvement 
requirements
described in section 1118, the professional development
requirements described in section 1119, and the
responsibilities of the school and local educational
agency under the school plan, and to identify and
address solutions to such problems;
‘‘(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based
on scientifically based research and that have proven
effective in addressing the specific instructional issues
that caused the school to be identified for school
improvement;
‘‘(iii) shall include assistance in analyzing and
revising the school’s budget so that the school’s
resources are more effectively allocated to the activities
most likely to increase student academic achievement
and to remove the school from school improvement
status; and
‘‘(iv) may be provided—
‘‘(I) by the local educational agency, through
mechanisms authorized under section 1117; or
‘‘(II) by the State educational agency, an
institution of higher education (that is in full
compliance with all the reporting provisions of title
II of the Higher Education Act of 1965), a private
not-for-profit organization or for-profit organiza-
tion, an educational service agency, or another
entity with experience in helping schools improve
academic achievement.
‘‘(C) 
SCIENTIFICALLY
BASED
RESEARCH.—Technical
assistance provided under this section by a local edu-
cational agency or an entity approved by that agency shall
be based on scientifically based research.
‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER
IDENTIFICATION.—In the case of any school served under this
H. R. 1—59
part that fails to make adequate yearly progress, as set out
in the State’s plan under section 1111(b)(2), by the end of
the first full school year after identification under paragraph
(1), the local educational agency serving such school—
‘‘(A) shall continue to provide all students enrolled
in the school with the option to transfer to another public
school served by the local educational agency in accordance
with subparagraphs (E) and (F);
‘‘(B) shall make supplemental educational services
available consistent with subsection (e)(1); and
‘‘(C) shall continue to provide technical assistance.
‘‘(6) NOTICE TO PARENTS.—A local educational agency shall
promptly provide to a parent or parents (in an understandable
and uniform format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in an
elementary school or a secondary school identified for school
improvement under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph (8)—
‘‘(A) an explanation of what the identification means,
and how the school compares in terms of academic achieve-
ment to other elementary schools or secondary schools
served by the local educational agency and the State edu-
cational agency involved;
‘‘(B) the reasons for the identification;
‘‘(C) an explanation of what the school identified for
school improvement is doing to address the problem of
low achievement;
‘‘(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
‘‘(E) an explanation of how the parents can become
involved in addressing the academic issues that caused
the school to be identified for school improvement; and
‘‘(F) an explanation of the parents’ option to transfer
their child to another public school under paragraphs (1)(E),
(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when required by
paragraph (9)) or to obtain supplemental educational serv-
ices for the child, in accordance with subsection (e).
‘‘(7) CORRECTIVE ACTION.—
‘‘(A) IN GENERAL.—In this subsection, the term ‘correc-
tive action’ means action, consistent with State law, that—
‘‘(i) substantially and directly responds to—
‘‘(I) the consistent academic failure of a school
that caused the local educational agency to take
such action; and
‘‘(II) any underlying staffing, curriculum, or
other problems in the school; and
‘‘(ii) is designed to increase substantially the likeli-
hood that each group of students described in
1111(b)(2)(C) enrolled in the school identified for correc-
tive action will meet or exceed the State’s proficient
levels of achievement on the State academic assess-
ments described in section 1111(b)(3).
H. R. 1—60
‘‘(B) SYSTEM.—In order to help students served under
this part meet challenging State student academic achieve-
ment standards, each local educational agency shall imple-
ment a system of corrective action in accordance with sub-
paragraphs (C) through (E).
‘‘(C) ROLE
OF
LOCAL
EDUCATIONAL
AGENCY.—In the
case of any school served by a local educational agency
under this part that fails to make adequate yearly progress,
as defined by the State under section 1111(b)(2), by the
end of the second full school year after the identification
under paragraph (1), the local educational agency shall—
‘‘(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
‘‘(ii) continue to provide technical assistance con-
sistent with paragraph (4) while instituting any correc-
tive action under clause (iv);
‘‘(iii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
‘‘(iv) identify the school for corrective action and
take at least one of the following corrective actions:
‘‘(I) Replace the school staff who are relevant
to the failure to make adequate yearly progress.
‘‘(II) Institute and fully implement a new cur-
riculum, including providing appropriate profes-
sional development for all relevant staff, that is
based on scientifically based research and offers
substantial promise of improving educational
achievement 
for 
low-achieving 
students 
and
enabling the school to make adequate yearly
progress.
‘‘(III) 
Significantly 
decrease 
management
authority at the school level.
‘‘(IV) Appoint an outside expert to advise the
school on its progress toward making adequate
yearly progress, based on its school plan under
paragraph (3).
‘‘(V) Extend the school year or school day for
the school.
‘‘(VI) Restructure the internal organizational
structure of the school.
‘‘(D) DELAY.—Notwithstanding any other provision of
this paragraph, the local educational agency may delay,
for a period not to exceed 1 year, implementation of the
requirements under paragraph (5), corrective action under
this paragraph, or restructuring under paragraph (8) if
the school makes adequate yearly progress for 1 year or
if its failure to make adequate yearly progress is due to
exceptional or uncontrollable circumstances, such as a nat-
ural disaster or a precipitous and unforeseen decline in
the financial resources of the local educational agency or
school. No such period shall be taken into account in deter-
mining the number of consecutive years of failure to make
adequate yearly progress.
H. R. 1—61
‘‘(E) PUBLICATION AND DISSEMINATION.—The local edu-
cational agency shall publish and disseminate information
regarding any corrective action the local educational agency
takes under this paragraph at a school—
‘‘(i) to the public and to the parents of each student
enrolled in the school subject to corrective action;
‘‘(ii) in an understandable and uniform format and,
to the extent practicable, provided in a language that
the parents can understand; and
‘‘(iii) through such means as the Internet, the
media, and public agencies.
‘‘(8) RESTRUCTURING.—
‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—
If, after 1 full school year of corrective action under para-
graph (7), a school subject to such corrective action con-
tinues to fail to make adequate yearly progress, then the
local educational agency shall—
‘‘(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
‘‘(ii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
‘‘(iii) prepare a plan and make necessary arrange-
ments to carry out subparagraph (B).
‘‘(B) ALTERNATIVE GOVERNANCE.—Not later than the
beginning of the school year following the year in which
the local educational agency implements subparagraph (A),
the local educational agency shall implement one of the
following alternative governance arrangements for the
school consistent with State law:
‘‘(i) Reopening the school as a public charter school.
‘‘(ii) Replacing all or most of the school staff (which
may include the principal) who are relevant to the
failure to make adequate yearly progress.
‘‘(iii) Entering into a contract with an entity, such
as a private management company, with a dem-
onstrated record of effectiveness, to operate the public
school.
‘‘(iv) Turning the operation of the school over to
the State educational agency, if permitted under State
law and agreed to by the State.
‘‘(v) Any other major restructuring of the school’s
governance arrangement that makes fundamental
reforms, such as significant changes in the school’s
staffing and governance, to improve student academic
achievement in the school and that has substantial
promise of enabling the school to make adequate yearly
progress as defined in the State plan under section
1111(b)(2). In the case of a rural local educational
agency with a total of less than 600 students in average
daily attendance at the schools that are served by
the agency and all of whose schools have a School
Locale Code of 7 or 8, as determined by the Secretary,
the Secretary shall, at such agency’s request, provide
H. R. 1—62
technical assistance to such agency for the purpose
of implementing this clause.
‘‘(C) PROMPT
NOTICE.—The local educational agency
shall—
‘‘(i) provide prompt notice to teachers and parents
whenever subparagraph (A) or (B) applies; and
‘‘(ii) provide the teachers and parents with an ade-
quate opportunity to—
‘‘(I) comment before taking any action under
those subparagraphs; and
‘‘(II) participate in developing any plan under
subparagraph (A)(iii).
‘‘(9) TRANSPORTATION.—In any case described in paragraph
(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),
and (8)(A), and subsection (c)(10)(C)(vii), the local educational
agency shall provide, or shall pay for the provision of, transpor-
tation for the student to the public school the student attends.
‘‘(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDU-
CATIONAL SERVICES.—
‘‘(A) IN GENERAL.—Unless a lesser amount is needed
to comply with paragraph (9) and to satisfy all requests
for supplemental educational services under subsection (e),
a local educational agency shall spend an amount equal
to 20 percent of its allocation under subpart 2, from which
the agency shall spend—
‘‘(i) an amount equal to 5 percent of its allocation
under subpart 2 to provide, or pay for, transportation
under paragraph (9);
‘‘(ii) an amount equal to 5 percent of its allocation
under subpart 2 to provide supplemental educational
services under subsection (e); and
‘‘(iii) an amount equal to the remaining 10 percent
of its allocation under subpart 2 for transportation
under paragraph (9), supplemental educational services
under subsection (e), or both, as the agency determines.
‘‘(B) TOTAL AMOUNT.—The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this
part on supplemental educational services described in sub-
section (e).
‘‘(C) INSUFFICIENT
FUNDS.—If the amount of funds
described in subparagraph (A)(ii) or (iii) and available to
provide services under this subsection is insufficient to
provide supplemental educational services to each child
whose parents request the services, the local educational
agency shall give priority to providing the services to the
lowest-achieving children.
‘‘(D) PROHIBITION.—A local educational agency shall
not, as a result of the application of this paragraph, reduce
by more than 15 percent the total amount made available
under section 1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
‘‘(11) COOPERATIVE AGREEMENT.—In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection
(c)(10)(C)(vii) if all public schools served by the local educational
agency to which a child may transfer are identified for school
improvement, corrective action or restructuring, the agency
H. R. 1—63
shall, to the extent practicable, establish a cooperative agree-
ment with other local educational agencies in the area for
a transfer.
‘‘(12) DURATION.—If any school identified for school
improvement, corrective action, or restructuring makes ade-
quate yearly progress for two consecutive school years, the
local educational agency shall no longer subject the school
to the requirements of school improvement, corrective action,
or restructuring or identify the school for school improvement
for the succeeding school year.
‘‘(13) SPECIAL
RULE.—A local educational agency shall
permit a child who transferred to another school under this
subsection to remain in that school until the child has com-
pleted the highest grade in that school. The obligation of the
local educational agency to provide, or to provide for, transpor-
tation for the child ends at the end of a school year if the
local educational agency determines that the school from which
the child transferred is no longer identified for school improve-
ment or subject to corrective action or restructuring.
‘‘(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The
State educational agency shall—
‘‘(A) make technical assistance under section 1117
available to schools identified for school improvement,
corrective action, or restructuring under this subsection
consistent with section 1117(a)(2);
‘‘(B) if the State educational agency determines that
a local educational agency failed to carry out its responsibil-
ities under this subsection, take such corrective actions
as the State educational agency determines to be appro-
priate and in compliance with State law;
‘‘(C) ensure that academic assessment results under
this part are provided to schools before any identification
of a school may take place under this subsection; and
‘‘(D) for local educational agencies or schools identified
for improvement under this subsection, notify the Secretary
of major factors that were brought to the attention of
the State educational agency under section 1111(b)(9) that
have significantly affected student academic achievement.
‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVE-
MENT.—
‘‘(1) IN GENERAL.—A State shall—
‘‘(A) annually review the progress of each local edu-
cational agency receiving funds under this part to deter-
mine whether schools receiving assistance under this part
are making adequate yearly progress as defined in section
1111(b)(2) toward meeting the State’s student academic
achievement standards and to determine if each local edu-
cational agency is carrying out its responsibilities under
this section and sections 1117, 1118, and 1119; and
‘‘(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(2).
‘‘(2) REWARDS.—In the case of a local educational agency
that, for 2 consecutive years, has exceeded adequate yearly
progress as defined in the State plan under section 1111(b)(2),
H. R. 1—64
the State may make rewards of the kinds described under
section 1117 to the agency.
‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR
IMPROVEMENT.—A State shall identify for improvement any
local educational agency that, for 2 consecutive years, including
the period immediately prior to the date of enactment of the
No Child Left Behind Act of 2001, failed to make adequate
yearly progress as defined in the State’s plan under section
1111(b)(2).
‘‘(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing tar-
geted assistance schools served by a local educational agency,
a State educational agency may choose to review the progress
of only the students in such schools who are served, or are
eligible for services, under this part.
‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—
‘‘(A) REVIEW.—Before identifying a local educational
agency for improvement under paragraph (3) or corrective
action under paragraph (10), a State educational agency
shall provide the local educational agency with an oppor-
tunity to review the data, including academic assessment
data, on which the proposed identification is based.
‘‘(B) EVIDENCE.—If the local educational agency
believes that the proposed identification is in error for
statistical or other substantive reasons, the agency may
provide supporting evidence to the State educational
agency, which shall consider the evidence before making
a final determination not later than 30 days after the
State educational agency provides the local educational
agency with the opportunity to review such data under
subparagraph (A).
‘‘(6) NOTIFICATION
TO
PARENTS.—The State educational
agency shall promptly provide to the parents (in a format
and, to the extent practicable, in a language the parents can
understand) of each student enrolled in a school served by
a local educational agency identified for improvement, the
results of the review under paragraph (1) and, if the agency
is identified for improvement, the reasons for that identification
and how parents can participate in upgrading the quality of
the local educational agency.
‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.—
‘‘(A) PLAN.—Each local educational agency identified
under paragraph (3) shall, not later than 3 months after
being so identified, develop or revise a local educational
agency plan, in consultation with parents, school staff,
and others. Such plan shall—
‘‘(i) incorporate scientifically based research strate-
gies that strengthen the core academic program in
schools served by the local educational agency;
‘‘(ii) identify actions that have the greatest likeli-
hood of improving the achievement of participating
children in meeting the State’s student academic
achievement standards;
‘‘(iii) address the professional development needs
of the instructional staff serving the agency by commit-
ting to spend not less than 10 percent of the funds
received by the local educational agency under subpart
2 for each fiscal year in which the agency is identified
H. R. 1—65
for 
improvement 
for 
professional 
development
(including funds reserved for professional development
under subsection (b)(3)(A)(iii)), but excluding funds
reserved for professional development under section
1119;
‘‘(iv) include specific measurable achievement goals
and targets for each of the groups of students identified
in the disaggregated data pursuant to section
1111(b)(2)(C)(v), 
consistent 
with 
adequate 
yearly
progress as defined under section 1111(b)(2);
‘‘(v) 
address 
the 
fundamental 
teaching 
and
learning needs in the schools of that agency, and the
specific academic problems of low-achieving students,
including a determination of why the local educational
agency’s prior plan failed to bring about increased stu-
dent academic achievement;
‘‘(vi) incorporate, as appropriate, activities before
school, after school, during the summer, and during
an extension of the school year;
‘‘(vii) specify the responsibilities of the State edu-
cational agency and the local educational agency under
the plan, including specifying the technical assistance
to be provided by the State educational agency under
paragraph (9) and the local educational agency’s
responsibilities under section 1120A; and
‘‘(viii) include strategies to promote effective
parental involvement in the school.
‘‘(B) IMPLEMENTATION.—The local educational agency
shall implement the plan (including a revised plan) expedi-
tiously, but not later than the beginning of the next school
year after the school year in which the agency was identi-
fied for improvement.
‘‘(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—
‘‘(A) TECHNICAL OR OTHER ASSISTANCE.—For each local
educational agency identified under paragraph (3), the
State educational agency shall provide technical or other
assistance if requested, as authorized under section 1117,
to better enable the local educational agency to—
‘‘(i) develop and implement the local educational
agency’s plan; and
‘‘(ii) work with schools needing improvement.
‘‘(B) METHODS AND STRATEGIES.—Technical assistance
provided under this section by the State educational agency
or an entity authorized by such agency shall be supported
by effective methods and instructional strategies based on
scientifically based research. Such technical assistance
shall address problems, if any, in implementing the
parental involvement activities described in section 1118
and the professional development activities described in
section 1119.
‘‘(10) CORRECTIVE ACTION.—In order to help students served
under this part meet challenging State student academic
achievement standards, each State shall implement a system
of corrective action in accordance with the following:
‘‘(A) DEFINITION.—As used in this paragraph, the term
‘corrective action’ means action, consistent with State law,
that—
H. R. 1—66
‘‘(i) substantially and directly responds to the con-
sistent academic failure that caused the State to take
such action and to any underlying staffing, curricular,
or other problems in the agency; and
‘‘(ii) is designed to meet the goal of having all
students served under this part achieve at the pro-
ficient and advanced student academic achievement
levels.
‘‘(B) GENERAL REQUIREMENTS.—After providing tech-
nical assistance under paragraph (9) and subject to
subparagraph (E), the State—
‘‘(i) may take corrective action at any time with
respect to a local educational agency that has been
identified under paragraph (3);
‘‘(ii) shall take corrective action with respect to
any local educational agency that fails to make ade-
quate yearly progress, as defined by the State, by
the end of the second full school year after the identi-
fication of the agency under paragraph (3); and
‘‘(iii) shall continue to provide technical assistance
while instituting any corrective action under clause
(i) or (ii).
‘‘(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the
case of a local educational agency identified for corrective
action, the State educational agency shall take at least
one of the following corrective actions:
‘‘(i) Deferring programmatic funds or reducing
administrative funds.
‘‘(ii) Instituting and fully implementing a new cur-
riculum that is based on State and local academic
content and achievement standards, including pro-
viding appropriate professional development based on
scientifically based research for all relevant staff, that
offers substantial promise of improving educational
achievement for low-achieving students.
‘‘(iii) Replacing the local educational agency per-
sonnel who are relevant to the failure to make ade-
quate yearly progress.
‘‘(iv) Removing particular schools from the jurisdic-
tion of the local educational agency and establishing
alternative arrangements for public governance and
supervision of such schools.
‘‘(v) Appointing, through the State educational
agency, a receiver or trustee to administer the affairs
of the local educational agency in place of the super-
intendent and school board.
‘‘(vi) Abolishing or restructuring the local edu-
cational agency.
‘‘(vii) Authorizing students to transfer from a
school operated by the local educational agency to a
higher-performing public school operated by another
local educational agency in accordance with subsections
(b)(1)(E) and (F), and providing to such students
transportation (or the costs of transportation) to such
schools consistent with subsection (b)(9), in conjunction
with carrying out not less than one additional action
described under this subparagraph.
H. R. 1—67
‘‘(D) HEARING.—Prior to implementing any corrective
action under this paragraph, the State educational agency
shall provide notice and a hearing to the affected local
educational agency, if State law provides for such notice
and hearing. The hearing shall take place not later than
45 days following the decision to implement corrective
action.
‘‘(E) NOTICE
TO
PARENTS.—The State educational
agency shall publish, and disseminate to parents and the
public, information on any corrective action the State edu-
cational agency takes under this paragraph through such
means as the Internet, the media, and public agencies.
‘‘(F) DELAY.—Notwithstanding subparagraph (B)(ii), a
State educational agency may delay, for a period not to
exceed 1 year, implementation of corrective action under
this paragraph if the local educational agency makes ade-
quate yearly progress for 1 year or its failure to make
adequate yearly progress is due to exceptional or uncontrol-
lable circumstances, such as a natural disaster or a precipi-
tous and unforeseen decline in the financial resources of
the local educational agency. No such period shall be taken
into account in determining the number of consecutive
years of failure to make adequate yearly progress.
‘‘(11) SPECIAL RULE.—If a local educational agency makes
adequate yearly progress for two consecutive school years begin-
ning after the date of identification of the agency under para-
graph (3), the State educational agency need no longer identify
the local educational agency for improvement or subject the
local educational agency to corrective action for the succeeding
school year.
‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and procedures
afforded school or school district employees under Federal, State,
or local laws (including applicable regulations or court orders) or
under the terms of collective bargaining agreements, memoranda
of understanding, or other agreements between such employees
and their employers.
‘‘(e) SUPPLEMENTAL EDUCATIONAL SERVICES.—
‘‘(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case
of any school described in paragraph (5), (7), or (8) of subsection
(b), the local educational agency serving such school shall,
subject to this subsection, arrange for the provision of supple-
mental educational services to eligible children in the school
from a provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that purpose
by the State educational agency in accordance with reasonable
criteria, consistent with paragraph (5), that the State edu-
cational agency shall adopt.
‘‘(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each
local educational agency subject to this subsection shall—
‘‘(A) provide, at a minimum, annual notice to parents
(in an understandable and uniform format and, to the
extent practicable, in a language the parents can under-
stand) of—
‘‘(i) the availability of services under this sub-
section;
H. R. 1—68
‘‘(ii) the identity of approved providers of those
services that are within the local educational agency
or whose services are reasonably available in neigh-
boring local educational agencies; and
‘‘(iii) a brief description of the services, qualifica-
tions, and demonstrated effectiveness of each such pro-
vider;
‘‘(B) if requested, assist parents in choosing a provider
from the list of approved providers maintained by the State;
‘‘(C) apply fair and equitable procedures for serving
students if the number of spaces at approved providers
is not sufficient to serve all students; and
‘‘(D) not disclose to the public the identity of any stu-
dent who is eligible for, or receiving, supplemental edu-
cational services under this subsection without the written
permission of the parents of the student.
‘‘(3) AGREEMENT.—In the case of the selection of an
approved provider by a parent, the local educational agency
shall enter into an agreement with such provider. Such agree-
ment shall—
‘‘(A) require the local educational agency to develop,
in consultation with parents (and the provider chosen by
the parents), a statement of specific achievement goals
for the student, how the student’s progress will be meas-
ured, and a timetable for improving achievement that,
in the case of a student with disabilities, is consistent
with the student’s individualized education program under
section 614(d) of the Individuals with Disabilities Education
Act;
‘‘(B) describe how the student’s parents and the stu-
dent’s teacher or teachers will be regularly informed of
the student’s progress;
‘‘(C) provide for the termination of such agreement
if the provider is unable to meet such goals and timetables;
‘‘(D) contain provisions with respect to the making
of payments to the provider by the local educational agency;
and
‘‘(E) prohibit the provider from disclosing to the public
the identity of any student eligible for, or receiving, supple-
mental educational services under this subsection without
the written permission of the parents of such student.
‘‘(4) STATE
EDUCATIONAL
AGENCY
RESPONSIBILITIES.—A
State educational agency shall—
‘‘(A) in consultation with local educational agencies,
parents, teachers, and other interested members of the
public, promote maximum participation by providers to
ensure, to the extent practicable, that parents have as
many choices as possible;
‘‘(B) develop and apply objective criteria, consistent
with paragraph (5), to potential providers that are based
on a demonstrated record of effectiveness in increasing
the academic proficiency of students in subjects relevant
to meeting the State academic content and student achieve-
ment standards adopted under section 1111(b)(1);
‘‘(C) maintain an updated list of approved providers
across the State, by school district, from which parents
may select;
H. R. 1—69
‘‘(D) develop, implement, and publicly report on stand-
ards and techniques for monitoring the quality and
effectiveness of the services offered by approved providers
under this subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years, to contribute
to increasing the academic proficiency of students served
under this subsection as described in subparagraph (B);
and
‘‘(E) provide annual notice to potential providers of
supplemental educational services of the opportunity to
provide services under this subsection and of the applicable
procedures for obtaining approval from the State edu-
cational agency to be an approved provider of those serv-
ices.
‘‘(5) CRITERIA FOR PROVIDERS.—In order for a provider to
be included on the State list under paragraph (4)(C), a provider
shall agree to carry out the following:
‘‘(A) Provide parents of children receiving supplemental
educational services under this subsection and the appro-
priate local educational agency with information on the
progress of the children in increasing achievement, in a
format and, to the extent practicable, a language that
such parents can understand.
‘‘(B) Ensure that instruction provided and content used
by the provider are consistent with the instruction provided
and content used by the local educational agency and State,
and are aligned with State student academic achievement
standards.
‘‘(C) Meet all applicable Federal, State, and local
health, safety, and civil rights laws.
‘‘(D) Ensure that all instruction and content under
this subsection are secular, neutral, and nonideological.
‘‘(6) AMOUNTS
FOR
SUPPLEMENTAL
EDUCATIONAL
SERV-
ICES.—The amount that a local educational agency shall make
available for supplemental educational services for each child
receiving those services under this subsection shall be the lesser
of—
‘‘(A) the amount of the agency’s allocation under sub-
part 2, divided by the number of children from families
below the poverty level counted under section 1124(c)(1)(A);
or
‘‘(B) the actual costs of the supplemental educational
services received by the child.
‘‘(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.—
Each State educational agency may use funds that the agency
reserves under this part, and part A of title V, to assist local
educational agencies that do not have sufficient funds to provide
services under this subsection for all eligible students
requesting such services.
‘‘(8) DURATION.—The local educational agency shall con-
tinue to provide supplemental educational services to a child
receiving such services under this subsection until the end
of the school year in which such services were first received.
‘‘(9) PROHIBITION.—Nothing contained in this subsection
shall permit the making of any payment for religious worship
or instruction.
‘‘(10) WAIVER.—
H. R. 1—70
‘‘(A) REQUIREMENT.—At the request of a local edu-
cational agency, a State educational agency may waive,
in whole or in part, the requirement of this subsection
to provide supplemental educational services if the State
educational agency determines that—
‘‘(i) none of the providers of those services on the
list approved by the State educational agency under
paragraph (4)(C) makes those services available in the
area served by the local educational agency or within
a reasonable distance of that area; and
‘‘(ii) the local educational agency provides evidence
that it is not able to provide those services.
‘‘(B) NOTIFICATION.—The State educational agency
shall notify the local educational agency, within 30 days
of receiving the local educational agency’s request for a
waiver under subparagraph (A), whether the request is
approved or disapproved and, if disapproved, the reasons
for the disapproval, in writing.
‘‘(11) SPECIAL RULE.—If State law prohibits a State edu-
cational agency from carrying out one or more of its responsibil-
ities under paragraph (4) with respect to those who provide,
or seek approval to provide, supplemental educational services,
each local educational agency in the State shall carry out
those responsibilities with respect to its students who are
eligible for those services.
‘‘(12) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘eligible child’ means a child from a
low-income family, as determined by the local educational
agency for purposes of allocating funds to schools under
section 1113(c)(1);
‘‘(B) the term ‘provider’ means a non-profit entity, a
for-profit entity, or a local educational agency that—
‘‘(i) has a demonstrated record of effectiveness in
increasing student academic achievement;
‘‘(ii) is capable of providing supplemental edu-
cational services that are consistent with the instruc-
tional program of the local educational agency and
the academic standards described under section 1111;
and
‘‘(iii) is financially sound; and
‘‘(C) the term ‘supplemental educational services’
means tutoring and other supplemental academic enrich-
ment services that are—
‘‘(i) in addition to instruction provided during the
school day; and
‘‘(ii) are of high quality, research-based, and
specifically designed to increase the academic achieve-
ment of eligible children on the academic assessments
required under section 1111 and attain proficiency in
meeting the State’s academic achievement standards.
‘‘(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVE-
MENT OR CORRECTIVE ACTION.—
‘‘(1) SCHOOLS.—
‘‘(A) SCHOOL IMPROVEMENT.—
‘‘(i) SCHOOLS
IN
SCHOOL-IMPROVEMENT
STATUS
BEFORE DATE OF ENACTMENT.—Any school that was
in the first year of school improvement status under
H. R. 1—71
this section on the day preceding the date of enactment
of the No Child Left Behind Act of 2001 (as this section
was in effect on such day) shall be treated by the
local educational agency as a school that is in the
first year of school improvement status under para-
graph (1).
‘‘(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR
2 OR MORE YEARS BEFORE DATE OF ENACTMENT.—Any
school that was in school improvement status under
this section for two or more consecutive school years
preceding the date of enactment of the No Child Left
Behind Act of 2001 (as this section was in effect on
such day) shall be treated by the local educational
agency as a school described in subsection (b)(5).
‘‘(B) CORRECTIVE
ACTION.—Any school that was in
corrective action status under this section on the day pre-
ceding the date of enactment of the No Child Left Behind
Act of 2001 (as this section was in effect on such day)
shall be treated by the local educational agency as a school
described in paragraph (7).
‘‘(2) LEAS.—
‘‘(A) LEA IMPROVEMENT.—A State shall identify for
improvement under subsection (c)(3) any local educational
agency that was in improvement status under this section
as this section was in effect on the day preceding the
date of enactment of the No Child Left Behind Act of
2001.
‘‘(B) CORRECTIVE ACTION.—A State shall identify for
corrective action under subsection (c)(10) any local edu-
cational agency that was in corrective action status under
this section as this section was in effect on the day pre-
ceding the date of enactment of the No Child Left Behind
Act of 2001.
‘‘(C) SPECIAL RULE.—For the schools and other local
educational agencies described under paragraphs (1) and
(2), as required, the State shall ensure that public school
choice in accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in accordance with
subsection (e) are provided not later than the first day
of the 2002–2003 school year.
‘‘(D) TRANSITION.—With respect to a determination
that a local educational agency has for 2 consecutive years
failed to make adequate yearly progress as defined in the
State plan under section 1111(b)(2), such determination
shall include in such 2-year period any continuous period
of time immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during which the
agency has failed to make such progress.
‘‘(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.—
‘‘(1) ADEQUATE
YEARLY
PROGRESS
FOR
BUREAU
FUNDED
SCHOOLS.—
‘‘(A) DEVELOPMENT OF DEFINITION.—
‘‘(i) DEFINITION.—The Secretary of the Interior, in
consultation with the Secretary if the Secretary of
Interior requests the consultation, using the process
set out in section 1138(b) of the Education Amend-
ments of 1978, shall define adequate yearly progress,
H. R. 1—72
consistent with section 1111(b), for the schools funded
by the Bureau of Indian Affairs on a regional or tribal
basis, as appropriate, taking into account the unique
circumstances and needs of such schools and the stu-
dents served by such schools.
‘‘(ii) USE
OF
DEFINITION.—The Secretary of the
Interior, consistent with clause (i), may use the defini-
tion of adequate yearly progress that the State in
which the school that is funded by the Bureau is
located uses consistent with section 1111(b), or in the
case of schools that are located in more than one State,
the Secretary of the Interior may use whichever State
definition of adequate yearly progress that best meets
the unique circumstances and needs of such school
or schools and the students the schools serve.
‘‘(B) WAIVER.—The tribal governing body or school
board of a school funded by the Bureau of Indian Affairs
may waive, in part or in whole, the definition of adequate
yearly progress established pursuant to paragraph (A)
where such definition is determined by such body or school
board to be inappropriate. If such definition is waived,
the tribal governing body or school board shall, within
60 days thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of adequate yearly
progress, consistent with section 1111(b), that takes into
account the unique circumstances and needs of such school
or schools and the students served. The Secretary of the
Interior, in consultation with the Secretary if the Secretary
of Interior requests the consultation, shall approve such
alternative definition unless the Secretary determines that
the definition does not meet the requirements of section
1111(b), taking into account the unique circumstances and
needs of such school or schools and the students served.
‘‘(C) TECHNICAL ASSISTANCE.—The Secretary of Interior
shall, in consultation with the Secretary if the Secretary
of Interior requests the consultation, either directly or
through a contract, provide technical assistance, upon
request, to a tribal governing body or school board of a
school funded by the Bureau of Indian Affairs that seeks
to develop an alternative definition of adequate yearly
progress.
‘‘(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes
of this section, schools funded by the Bureau of Indian Affairs
shall be considered schools subject to subsection (b), as specifi-
cally provided for in this subsection, except that such schools
shall not be subject to subsection (c), or the requirements
to provide public school choice and supplemental educational
services under subsections (b) and (e).
‘‘(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.—
‘‘(A) CONTRACT
AND
GRANT
SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
H. R. 1—73
of such school shall be responsible for meeting the require-
ments of subsection (b) relating to development and
implementation of any school improvement plan as
described in subsections (b)(1) through (b)(3), and sub-
section (b)(5), other than subsection (b)(1)(E). The Bureau
of Indian Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to technical
assistance.
‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to development and implementation of any school
improvement plan as described in subsections (b)(1)
through (b)(5), other than subsection (b)(1)(E).
‘‘(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAU-
FUNDED SCHOOLS.—
‘‘(A) CONTRACT
AND
GRANT
SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the require-
ments of subsection (b) relating to corrective action and
restructuring as described in subsection (b)(7) and (b)(8).
Any action taken by such school board under subsection
(b)(7) or (b)(8) shall take into account the unique cir-
cumstances and structure of the Bureau of Indian Affairs-
funded school system and the laws governing that system.
‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to corrective action and restructuring as described
in subsection (b)(7) and (b)(8). Any action taken by the
Bureau under subsection (b)(7) or (b)(8) shall take into
account the unique circumstances and structure of the
Bureau of Indian Affairs-funded school system and the
laws governing that system.
‘‘(5) ANNUAL REPORT.—On an annual basis, the Secretary
of the Interior shall report to the Secretary of Education and
to the appropriate committees of Congress regarding any
schools funded by the Bureau of Indian Affairs which have
been identified for school improvement. Such report shall
include—
‘‘(A) the identity of each school;
‘‘(B) a statement from each affected school board
regarding the factors that lead to such identification; and
‘‘(C) an analysis by the Secretary of the Interior, in
consultation with the Secretary if the Secretary of Interior
requests the consultation, as to whether sufficient resources
were available to enable such school to achieve adequate
yearly progress.
‘‘(h) OTHER AGENCIES.—After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the extent
H. R. 1—74
feasible and necessary as determined by the Secretary, other rel-
evant Federal agencies regarding the major factors that were deter-
mined by the State educational agency to have significantly affected
student academic achievement.
‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
‘‘(a) SYSTEM FOR SUPPORT.—
‘‘(1) IN GENERAL.—Each State 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
served by those agencies and schools to meet the State’s aca-
demic content standards and student academic achievement
standards.
‘‘(2) PRIORITIES.—In carrying out this subsection, a State
shall—
‘‘(A) first, provide support and assistance to local edu-
cational agencies with schools subject to corrective action
under section 1116 and assist those schools, in accordance
with section 1116(b)(11), for which a local educational
agency has failed to carry out its responsibilities under
paragraphs (7) and (8) of section 1116(b);
‘‘(B) second, provide support and assistance to other
local educational agencies with schools identified as in
need of improvement under section 1116(b); and
‘‘(C) third, provide support and assistance to other
local educational agencies and schools participating under
this part that need that support and assistance in order
to achieve the purpose of this part.
‘‘(3) REGIONAL CENTERS.—Such a statewide system shall,
to the extent practicable, work with and receive support and
assistance from the comprehensive regional technical assistance
centers and the regional educational laboratories under section
941(h) of the Educational Research, Development, Dissemina-
tion, and Improvement Act of 1994, or other providers of tech-
nical assistance.
‘‘(4) STATEWIDE SYSTEM.—
‘‘(A) In order to achieve the purpose described in para-
graph (1), the statewide system shall include, at a min-
imum, the following approaches:
‘‘(i) Establishing school support teams in accord-
ance with subparagraph (C) for assignment to, and
working in, schools in the State that are described
in paragraph (2).
‘‘(ii) Providing such support as the State edu-
cational agency determines necessary and available
in order to ensure the effectiveness of such teams.
‘‘(iii) Designating and using distinguished teachers
and principals who are chosen from schools served
under this part that have been especially successful
in improving academic achievement.
‘‘(iv) Devising additional approaches to providing
the assistance described in paragraph (1), such as pro-
viding assistance through institutions of higher edu-
cation and educational service agencies or other local
consortia, and private providers of scientifically based
technical assistance.
H. R. 1—75
‘‘(B) PRIORITY.—The State educational agency shall
give priority to the approach described in clause (i) of
subparagraph (A).
‘‘(5) SCHOOL SUPPORT TEAMS.—
‘‘(A) COMPOSITION.—Each school support team estab-
lished under this section shall be composed of persons
knowledgeable about scientifically based research and prac-
tice on teaching and learning and about successful
schoolwide projects, school reform, and improving edu-
cational 
opportunities 
for 
low-achieving 
students,
including—
‘‘(i) highly qualified or distinguished teachers and
principals;
‘‘(ii) pupil services personnel;
‘‘(iii) parents;
‘‘(iv) representatives of institutions of higher edu-
cation;
‘‘(v) representatives of regional educational labora-
tories or comprehensive regional technical assistance
centers;
‘‘(vi) representatives of outside consultant groups;
or
‘‘(vii) other individuals as the State educational
agency, in consultation with the local educational
agency, may determine appropriate.
‘‘(B) FUNCTIONS.—Each school support team assigned
to a school under this section shall—
‘‘(i) review and analyze all facets of the school’s
operation, including the design and operation of the
instructional program, and assist the school in devel-
oping recommendations for improving student perform-
ance in that school;
‘‘(ii) collaborate with parents and school staff and
the local educational agency serving the school in the
design, implementation, and monitoring of a plan that,
if fully implemented, can reasonably be expected to
improve student performance and help the school meet
its goals for improvement, including adequate yearly
progress under section 1111(b)(2)(B);
‘‘(iii) evaluate, at least semiannually, the effective-
ness of school personnel assigned to the school,
including identifying outstanding teachers and prin-
cipals, and make findings and recommendations to the
school, the local educational agency, and, where appro-
priate, the State educational agency; and
‘‘(iv) make additional recommendations as the
school implements the plan described in clause (ii)
to the local educational agency and the State edu-
cational agency concerning additional assistance that
is needed by the school or the school support team.
‘‘(C) CONTINUATION OF ASSISTANCE.—After one school
year, from the beginning of the activities, such school sup-
port team, in consultation with the local educational
agency, may recommend that the school support team con-
tinue to provide assistance to the school, or that the local
educational agency or the State educational agency, as
H. R. 1—76
appropriate, take alternative actions with regard to the
school.
‘‘(b) STATE RECOGNITION.—
‘‘(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.—
‘‘(A) IN GENERAL.—Each State receiving a grant under
this part—
‘‘(i) shall establish a program for making academic
achievement awards to recognize schools that meet
the criteria described in subparagraph (B); and
‘‘(ii) as appropriate and as funds are available
under subsection (c)(2)(A), may financially reward
schools served under this part that meet the criteria
described in clause (ii).
‘‘(B) CRITERIA.—The criteria referred to in subpara-
graph (A) are that a school—
‘‘(i) significantly closed the achievement gap
between the groups of students described in section
1111(b)(2); or
‘‘(ii) exceeded their adequate yearly progress, con-
sistent with section 1111(b)(2), for 2 or more consecu-
tive years.
‘‘(2) DISTINGUISHED
SCHOOLS.—Of those schools meeting
the criteria described in paragraph (2), each State shall des-
ignate as distinguished schools those schools that have made
the greatest gains in closing the achievement gap as described
in subparagraph (B)(i) or exceeding adequate yearly progress
as described in subparagraph (B)(ii). Such distinguished schools
may serve as models for and provide support to other schools,
especially schools identified for improvement under section
1116, to assist such schools in meeting the State’s academic
content standards and student academic achievement stand-
ards.
‘‘(3) AWARDS TO TEACHERS.—A State program under para-
graph (1) may also recognize and provide financial awards
to teachers teaching in a school described in such paragraph
that consistently makes significant gains in academic achieve-
ment in the areas in which the teacher provides instruction,
or to teachers or principals designated as distinguished under
subsection (a)(4)(A)(iii).
‘‘(c) FUNDING.—
‘‘(1) IN GENERAL.—Each State—
‘‘(A) shall use funds reserved under section 1003(a)
and may use funds made available under section 1003(g)
for the approaches described under subsection (a)(4)(A);
and
‘‘(B) shall use State administrative funds authorized
under section 1004(a) to establish the statewide system
of support described under subsection (a).
‘‘(2) RESERVATIONS OF FUNDS BY STATE.—
‘‘(A) AWARDS PROGRAM.—For the purpose of carrying
out subsection (b)(1), each State receiving a grant under
this part may reserve, from the amount (if any) by which
the funds received by the State under subpart 2 for a
fiscal year exceed the amount received by the State under
that subpart for the preceding fiscal year, not more than
5 percent of such excess amount.
H. R. 1—77
‘‘(B) TEACHER AWARDS.—For the purpose of carrying
out subsection (b)(3), a State educational agency may
reserve such funds as necessary from funds made available
under section 2113.
‘‘(3) USE
WITHIN
YEARS.—Notwithstanding any other
provision of law, the amount reserved under subparagraph
(A) by a State for each fiscal year shall remain available to
the State until expended for a period not exceeding 3 years
receipt of funds.
‘‘(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV-
ERTY AREAS.—
‘‘(A) IN GENERAL.—Each State shall distribute not less
than 75 percent of any amount reserved under paragraph
(2)(A) for each fiscal year to schools described in subpara-
graph (B), or to teachers in those schools consistent with
subsection (b)(3).
‘‘(B) SCHOOL
DESCRIBED.—A school described in
subparagraph (A) is a school whose student population
is in the highest quartile of schools statewide in terms
of the percentage of children from low income families.
‘‘SEC. 1118. PARENTAL INVOLVEMENT.
‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—
‘‘(1) IN GENERAL.—A local educational agency may receive
funds under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with this section.
Such programs, activities, and procedures shall be planned
and implemented with meaningful consultation with parents
of participating children.
‘‘(2) WRITTEN POLICY.—Each local educational agency that
receives funds under this part shall develop jointly with, agree
on with, and distribute to, parents of participating children
a written parent involvement policy. The policy shall be incor-
porated into the local educational agency’s plan developed under
section 1112, establish the agency’s expectations for parent
involvement, and describe how the agency will—
‘‘(A) involve parents in the joint development of the
plan under section 1112, and the process of school review
and improvement under section 1116;
‘‘(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement
activities to improve student academic achievement and
school performance;
‘‘(C) build the schools’ and parents’ capacity for strong
parental involvement as described in subsection (e);
‘‘(D) coordinate and integrate parental involvement
strategies under this part with parental involvement strate-
gies under other programs, such as the Head Start pro-
gram, Reading First program, Early Reading First pro-
gram, Even Start program, Parents as Teachers program,
and Home Instruction Program for Preschool Youngsters,
and State-run preschool programs;
‘‘(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of the
parental involvement policy in improving the academic
H. R. 1—78
quality of the schools served under this part, including
identifying barriers to greater participation by parents in
activities authorized by this section (with particular atten-
tion to parents who are economically disadvantaged, are
disabled, have limited English proficiency, have limited
literacy, or are of any racial or ethnic minority background),
and use the findings of such evaluation to design strategies
for more effective parental involvement, and to revise, if
necessary, the parental involvement policies described in
this section; and
‘‘(F) involve parents in the activities of the schools
served under this part.
‘‘(3) RESERVATION.—
‘‘(A) IN GENERAL.—Each local educational agency shall
reserve not less than 1 percent of such agency’s allocation
under subpart 2 of this part to carry out this section,
including promoting family literacy and parenting skills,
except that this paragraph shall not apply if 1 percent
of such agency’s allocation under subpart 2 of this part
for the fiscal year for which the determination is made
is $5,000 or less.
‘‘(B) PARENTAL INPUT.—Parents of children receiving
services under this part shall be involved in the decisions
regarding how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
‘‘(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent
of the funds reserved under subparagraph (A) shall be
distributed to schools served under this part.
‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—
‘‘(1) IN GENERAL.—Each school served under this part shall
jointly develop with, and distribute to, parents of participating
children a written parental involvement policy, agreed on by
such parents, that shall describe the means for carrying out
the requirements of subsections (c) through (f). Parents shall
be notified of the policy in an understandable and uniform
format and, to the extent practicable, provided in a language
the parents can understand. Such policy shall be made available
to the local community and updated periodically to meet the
changing needs of parents and the school.
‘‘(2) SPECIAL RULE.—If the school has a parental involve-
ment policy that applies to all parents, such school may amend
that policy, if necessary, to meet the requirements of this sub-
section.
‘‘(3) AMENDMENT.—If the local educational agency involved
has a school district-level parental involvement policy that
applies to all parents, such agency may amend that policy,
if necessary, to meet the requirements of this subsection.
‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112
is not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits
the plan to the State.
‘‘(c) POLICY INVOLVEMENT.—Each school served under this part
shall—
‘‘(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school’s