cational opportunity for each public school in
the State.
(B) A timeline for improvement that in-
cludes annual interim goals for increasing the
number of public schools and school districts in
the State that have ideal or adequate levels of
access (as defined by the State under section
113) to each of the fundamentals of educational
opportunity, in order to achieve the required
levels of access within the time described in
subparagraph (A).
(C) Implementation of a single, statewide
accountability system to ensure that the State
achieves the interim goals described in subpara-
graph (B).
(2) 2-YEAR
REMEDIATION
FOR
COMPARABLE
EDUCATIONAL
SERVICES.—If the State is deter-
mined not to meet the requirements of section
112(b) (relating to comparable educational services),
the plan shall describe the actions the State will take
to meet the requirements of such section by not later
than 2 school years after submission of the plan.
(b) DISAPPROVAL OF PLAN.—The Secretary may dis-
approve a plan (or amendment) submitted under sub-
section (a) that the Secretary determines does not meet
the requirements of such subsection.
SEC. 123. CONSEQUENCES OF NONREMEDIATION.
(a) FAILURE TO MEET ANNUAL INTERIM ACCESS
GOALS.—Notwithstanding any other provision of law and
in addition to any other consequence under this section,
the Secretary shall withhold 31⁄3 percent of any funds oth-
erwise available to a State (or a State educational agency)
for administration of Federal elementary and secondary
education programs for each annual interim goal estab-
lished under section 122(a)(1)(B) for a fiscal year, or a
prior fiscal year, that the Secretary determines the State
fails to meet.
(b) CONTINUING
FAILURE
TO
PROVIDE
COM-
PARABLE
EDUCATIONAL
SERVICES.—Notwithstanding
any other provision of law and in addition to any other
consequence under this section, the Secretary shall with-
hold from a State determined by the Secretary to continue
to fail to meet the requirements of section 112(b) (relating
to comparable educational services) at the end of the sec-
ond school year after a plan is required to be submitted
under section 122, up to 331⁄3 percent of funds otherwise
available to the State for administration of Federal ele-
mentary and secondary education programs.
(c) NONCOMPLIANCE WITH COURT ORDERS.—Not-
withstanding any other provision of law and in addition
to any other consequence under this section, the Secretary
shall withhold from a State determined by the Secretary
to fail to meet the requirements of section 112(c) (relating
to compliance with court orders) up to 331⁄3 percent of
funds otherwise available to the State for the administra-
tion of Federal elementary and secondary education pro-
grams.
(d) DISPOSITION OF WITHHELD FUNDS.—For each
State from which funds are withheld under this section,
the Secretary shall make a determination whether the
State, by not later than 1 year after a determination under
subsection (a), (b), or (c), has corrected the condition lead-
ing to a withholding of funds and shall distribute withheld
funds as follows:
(1) If the State corrects a condition leading to
a withholding of funds, the Secretary shall make the
applicable withheld funds available to the State (or
State educational agency).
(2) If the State fails to correct a condition lead-
ing to a withholding of funds, the Secretary shall al-
locate the applicable withheld funds to public schools
or school districts affected by the State’s failure to
make adequate remediation, for the purpose of ena-
bling the school or school district to correct such
condition.
(e) TEMPORARY WAIVER.—The Secretary may grant
a request by a State for a waiver of the withholding provi-
sions of subsections (a) through (c) for a total period of
not more than 1 year if—
(1) the Secretary is satisfied that exceptional
circumstances (such as a precipitous decrease in
State revenues) prevent a State from complying with
the requirements of section 112; and
(2) the State’s request describes the manner in
which the State will comply with the requirements of
section 112 by the end of the waiver period.
Subtitle C—Public Reporting and
Remedy
SEC. 131. ANNUAL REPORT BY SECRETARY ON ADEQUACY
AND EQUITY IN STATE PUBLIC SCHOOL SYS-
TEMS.
(a) ANNUAL REPORT TO CONGRESS.—Not later than
October 1 of the first full school year after the date of
enactment of this Act, the Secretary shall transmit to the
Congress a report that provides a detailed analysis of the
public school system of each State.
(b) CONTENTS
OF REPORT.—The analysis under
subsection (a) shall include the following information with
respect to each State’s public school system:
(1) BASIC PUBLIC SCHOOL SYSTEM INFORMA-
TION.—
(A) The number of students, elementary
schools, secondary schools, and school districts
in the public school system.
(B) For each such school and school dis-
trict, the number and percentage of—
(i) children counted under section
1124(c) of the Elementary and Secondary
Education 
Act 
of 
1965 
(20 
U.S.C.
6333(c)); and
(ii) students, disaggregated by groups
described in section 1111(b)(3)(C)(xiii) of
the Elementary and Secondary Education
Act 
of 
1965 
(20 
U.S.C.
6311(b)(3)(C)(xiii)).
(C) For each such school, a statement
whether the school is an urban, rural, or mixed
school (as defined by the Commissioner of Edu-
cation Statistics).
(D) The average per-pupil expenditure (in
actual dollars and adjusted for cost and need)
for the State and for each school and school
district.
(E) The decile ranking of each school dis-
trict, as measured by achievement in mathe-
matics, reading or language arts, and science
on the academic assessments described in sub-
paragraphs (A) and (C) of section 113(b)(1).
(2) SUCCESS IN PROVIDING FUNDAMENTALS OF
EDUCATIONAL OPPORTUNITY.—
(A) A description of the ideal, adequate,
and basic levels of access established by the
State under section 113 to each of the fun-
damentals of educational opportunity described
under section 112(a).
(B) For each school and school district,
the following information:
(i) The level of access (as established
under section 113) of the school or school
district to each of the fundamentals of
educational opportunity described in sec-
tion 112(a).
(ii) The percentage of students pro-
ficient in mathematics, reading or lan-
guage arts, and science, as measured
through 
assessments 
under 
section
1111(b)(3)(C)(v) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(C)(v)).
(iii) Whether the school or school dis-
trict is making adequate yearly progress
under section 1111(b)(2) of the Elemen-
tary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)).
(D) The number and names of each school
in the State that does not provide each of the
fundamentals of educational opportunity de-
scribed in section 112(a) at an ideal or ade-
quate level (as established under section 113).
(3) STATE
REMEDIATION
ACTIONS.—If the
State is determined under section 121 not to meet
the requirements of section 112—
(A) a detailed description and evaluation
of—
(i) the State’s success in carrying out
any remediation plan required to be sub-
mitted by the State under section 122; and
(ii) any other actions taken, or meas-
ures proposed to be taken, by the State to
meet the requirements of section 112; and
(B) a copy of any remediation plan re-
quired to be submitted by the State under sec-
tion 122 (including any amendments).
(4) EFFECTS ON ACADEMIC ACHIEVEMENT.—
An analysis of the effects of the average per-pupil
expenditure, and the level of access (as provided by
the State under section 113) to each of the fun-
damentals of educational opportunity described in
section 112(a) provided to students in each school
and school district on the outcomes of the academic
assessments identified in section 113(b)(1).
(5) OTHER INFORMATION.—
(A) The most recent information submitted
by the State under section 113(d).
(B) For the year covered by the report, a
summary of any changes in the data required
in paragraphs (1) and (2) for each of the pre-
ceding 3 years (which may be based on such
data as are available for the first 3 reports
under subsection (a)).
(C) Such other information as the Sec-
retary considers useful and appropriate to in-
clude.
(c) SCOPE OF REPORT.—The report required under
subsection (a) shall cover the school year ending in the
calendar year in which the report is required to be sub-
mitted.
(d) SUBMISSION OF DATA TO SECRETARY.—Each
State receiving Federal financial assistance for elementary
and secondary education shall submit to the Secretary, at
such time and in such manner as the Secretary may rea-
sonably require, such data as the Secretary deems nec-
essary to make a determination under section 121 and to
submit the report under this section. Such data shall in-
clude the information used to measure the State’s success
in providing the fundamentals of educational opportunity
described in section 112(a).
(e) FAILURE TO SUBMIT DATA.—If a State fails to
submit the data required to make a determination under
section 121—
(1) the State shall be deemed to have been de-
termined under such section not to meet the applica-
ble requirements of section 112, until the State sub-
mits the data and the Secretary is able to make a
determination under such section based on such
data; and
(2) the Secretary shall—
(A) provide, to the extent practicable, the
analysis required in subsection (a) for the State
based on the best data available to the Sec-
retary; and
(B) update the analysis, as necessary, after
submission of the data by the State.
(f) PUBLICATION.—The Secretary shall publish and
make available to the general public (including by means
of the Internet) the report required under subsection (a).
SEC. 132. CIVIL ACTION FOR ENFORCEMENT.
A student or parent of a student aggrieved by a viola-
tion of this Act may bring a civil action against an appro-
priate official in an appropriate United States district
court seeking declaratory and injunctive relief to enforce
the requirements of this Act, together with reasonable at-
torney fees and the costs of the action, without regard to
the citizenship of the parties or the amount in controversy.
TITLE 
II—EFFECTS 
OF 
EDU-
CATIONAL 
DISPARITIES 
ON
ECONOMIC GROWTH AND NA-
TIONAL DEFENSE
SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUC-
TIVITY.
(a) STUDY.—The Commissioner of Education Statis-
tics, in consultation with the Secretaries of Commerce,
Labor, and the Treasury, shall conduct a comprehensive
study concerning the effects on economic growth and pro-
ductivity of eliminating disparities in public school systems
that do not meet the requirements of section 112. Such
study shall include the following:
(1) The economic costs to the Nation resulting
from the maintenance by States of public school sys-
tems that do not meet the requirements of section
112.
(2) The economic gains to be expected from the
elimination of disparities in public school systems
that do not meet the requirements of section 112.
(b) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Commissioner
of Education Statistics shall submit to the Congress a
final report detailing the results of the study required
under subsection (a).
SEC. 202. EFFECTS ON NATIONAL DEFENSE.
(a) STUDY.—The Commissioner of Education Statis-
tics, in consultation with the Secretary of Defense, shall
conduct a comprehensive study concerning the effects on
national defense of eliminating disparities in public school
systems that do not meet the requirements of section 112.
Such study shall include the following:
(1) The detriments to national defense resulting
from the maintenance by States of public school sys-
tems that do not meet the requirements of section
112, including the effects of education deficits aris-
ing from low-quality schools on—
(A) knowledge and skills necessary for the
effective functioning of the Armed Forces;
(B) the costs to the Armed Forces of
training; and
(C) efficiency resulting from the use of so-
phisticated equipment and information tech-
nology.
(2) The gains to national defense to be expected
from the elimination of disparities in public school
systems that do not meet the requirements of section
112.
(b) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Commissioner
of Education Statistics shall submit to the Congress a
final report detailing the results of the study required
under subsection (a).
TITLE III—GENERAL
PROVISIONS
SEC. 301. DEFINITIONS.
In this Act:
(1) The terms ‘‘elementary school’’, ‘‘secondary
school’’, ‘‘local educational agency’’, ‘‘State edu-
cational agency’’, ‘‘core academic subjects’’, ‘‘highly
qualified’’, ‘‘parent’’, and ‘‘average per-pupil expend-
iture’’ each have the meanings given those terms in
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
(2) The term ‘‘public school system’’ means a
State’s system of public elementary and secondary
education.
(3) The term ‘‘Federal elementary and sec-
ondary education programs’’ means programs pro-
viding Federal financial assistance for elementary or
secondary education, other than programs under the
following provisions of law:
(A) The Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.).
(B) Title III of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6801
et seq.).
(C) The Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(D) The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(4) The term ‘‘State’’ means the several States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
SEC. 302. NOTICE AND OPPORTUNITY FOR HEARING.
The Secretary may make an adverse determination
under this Act only after notice and opportunity for hear-
ing.
SEC. 303. RULEMAKING.
The Secretary may prescribe regulations to carry out
this Act.
SEC. 304. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to require a
jurisdiction to increase property tax or other tax rates or
to redistribute revenues from such taxes.
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