(A) The size and qualifications of library
staff, including whether the library is staffed by
a full-time librarian certified under an applica-
ble State or national program.
(B) The size (relative to the number of
students) and quality of the library’s collection
of books and periodicals.
(C) Hours of library operation.
(6) UP-TO-DATE
COMPUTER
TECHNOLOGY.—
Computer technology, as measured by the following:
(A) The ratio of computers to students.
(B) The quality of computers and software
available to students at school, including the
type, processing speed, age, or version of such
computers or software.
(C) The availability of Internet access.
(D) The quality of system maintenance
and technical assistance for the computers.
(E) The number of computer laboratory
courses taught by qualified computer instruc-
tors.
(7) QUALITY GUIDANCE COUNSELING.—Quali-
fied guidance counselors, as measured by the ratio
of students to guidance counselors who have ob-
tained certification under an applicable State or na-
tional program.
(b) 
COMPARABLE
EDUCATIONAL
SERVICES.—A
State shall provide educational services in public school
districts that receive funds under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) that are, taken as a whole, at least
comparable to educational services provided in public
school districts not receiving such funds.
(c) COMPLIANCE WITH COURT ORDERS.—A State
shall comply with any substantive Federal or State court
order in any matter concerning the adequacy or equity of
the State’s public school system, to the extent required
in the order.
SEC. 113. STATE-ESTABLISHED STANDARDS FOR ACCESS
TO EDUCATIONAL OPPORTUNITY.
(a) ESTABLISHMENT.—In carrying out section
112(a), a State educational agency, in consultation with
local educational agencies, teachers, principals, pupil serv-
ices personnel, administrators, other staff, and parents,
shall develop standards to describe and measure the extent
to which the State provides to the students in each public
school and school district in the State each of the fun-
damentals of educational opportunity described in section
112(a) in terms of ideal, adequate, and basic levels of such
access.
(b) FACTORS FOR CONSIDERATION.—In defining the
levels of access required under subsection (a), the State
shall consider, in addition to the factors described in sec-
tion 112(a)—
(1) the access available to students in schools in
the highest achieving decile of public elementary
schools and secondary schools in the State, as deter-
mined on the basis of student performance on state-
wide student academic assessments, including—
(A) student academic assessments in read-
ing or language arts, mathematics, and science
under section 1111(b)(3) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3));
(B) national student academic assessments
of reading and mathematics under the National
Assessment of Educational Progress carried out
under section 411(b)(2) of the National Edu-
cation Statistics Act of 1994 (20 U.S.C.
9010(b)(2)); and
(C) State student academic assessments of
reading and mathematics under the National
Assessment of Educational Progress carried out
under section 411(b)(3) of the National Edu-
cation Statistics Act of 1994 (20 U.S.C.
9010(b)(3));
(2) the unique needs of low-income, urban and
rural, and minority students; and
(3) other educationally appropriate factors.
(c) CHALLENGING STANDARDS.—The levels of access
required under subsection (a) shall be aligned with the
challenging State academic content and achievement
standards, and the high-quality academic assessments, re-
quired under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.).
(d) SUBMISSION
TO SECRETARY.—A State edu-
cational agency shall submit to the Secretary—
(1) a description of each of the levels of access
required under subsection (a);
(2) a description of the level of access of each
public school district, elementary school, and sec-
ondary school in the State to each of the fundamen-
tals of educational opportunity described in section
112(a), including identification of any such schools
that do not provide ideal or adequate levels of access
(as defined under under subsection (a));
(3) an estimate of the additional cost, if any, of
ensuring that the public school system meets the re-
quirements of section 112; and
(4) the information required under subpara-
graphs (B) and (C) of paragraph (1) and paragraph
(2)(B) of section 131.
(e) PUBLICATION
AND DISSEMINATION
TO PAR-
ENTS.—The State annually shall publish the information
submitted under subsection (d) and shall disseminate the
information to the public and the parents of children at-
tending (or who may attend) public schools in the State,
in an understandable and uniform format and, to the ex-
tent practicable, in a language that the parents can under-
stand, through such means as the Internet, the media, and
public agencies.
Subtitle B—State Accountability
SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE
AND INEQUITABLE STATE PUBLIC SCHOOL
SYSTEMS.
(a) ANNUAL DETERMINATION BY SECRETARY.—Be-
ginning not later than October 1 of the first full school
year after the date of enactment of this Act, the Secretary
shall annually determine whether each State meets each
of the requirements of section 112.
(b) PUBLICATION BY SECRETARY.—The Secretary
shall publish and make available to the general public (in-
cluding by means of the Internet) the determinations
under subsection (a).
SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF
EDUCATIONAL OPPORTUNITY.
(a) STATE REMEDIATION PLAN.—A State deter-
mined under section 121 not to meet the requirements of
section 112 shall develop and submit to the Secretary, by
not later than 1 year after the determination, a remedi-
ation plan (which the State may amend to improve the
plan or to take into account significantly changed cir-
cumstances), as follows:
(1) LONG-TERM REMEDIATION FOR ACCESS TO
FUNDAMENTALS OF EDUCATIONAL OPPORTUNITY.—
If the State is determined not to meet the require-
ments under section 112(a) (relating to access to the
fundamentals of educational opportunity), the plan
shall provide for the following:
(A) A description of the actions the State
will take to meet the requirements of section
112(a), by not later than 12 years after the end
of the 2001–2002 school year, to provide ideal
or adequate access (as defined by the State
under section 113) to the fundamentals of edu-