grams are fully qualified not later than
December 31, 2003; and
‘‘(ii) low-income students and minor-
ity students are not taught at higher rates
than other students by unexperienced,
uncertified, or out-of-field teachers; and
‘‘(F) the measures the State educational
agency will use to evaluate and publicly report
the State’s progress in improving the quality of
instruction in the schools served by the State
educational agency and local educational agen-
cies receiving funding under this Act.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—Each State plan shall contain assur-
ances that—
‘‘(1) the State educational agency will work
with other agencies, including educational service
agencies or other local consortia and institutions to
provide technical assistance to local educational
agencies and elementary schools and secondary
schools to carry out the State educational agency’s
responsibilities under this part, including technical
assistance in providing professional development
under section 1119(A) and technical assistance
under section 1117; and
‘‘(2)(A) where educational service agencies
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through such agencies; and
‘‘(B) where educational service agencies do not
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through other cooperative agreements, such as
through a consortium of local educational agencies;
‘‘(3) the State educational agency will use the
disaggregated results of the student assessments re-
quired under subsection (b)(4), and other measures
or indicators available to the State, to review annu-
ally the progress of each local educational agency
and school served under this part to determine
whether each such agency and school is making the
annual progress necessary to ensure that all stu-
dents will meet the proficient level of performance
on the assessments described in subsection (b)(4)
within 10 years of the date of enactment of the Pub-
lic Education Reinvestment, Reinvention, and Re-
sponsibility Act;
‘‘(4) the State educational agency will provide
the least restrictive and burdensome regulations for
local educational agencies and individual elementary
schools and secondary schools participating in a pro-
gram assisted under this part;
‘‘(5) the State educational agency will regularly
inform the Secretary and the public in the State of
how Federal laws, if any, hinder the ability of States
to hold local educational agencies and schools ac-
countable for student academic performance;
‘‘(6) the State educational agency will encour-
age elementary schools and secondary schools to
consolidate funds from other Federal, State, and
local sources for schoolwide reform in schoolwide
programs under section 1114;
‘‘(7) the State educational agency will modify or
eliminate State fiscal and accounting barriers so
that elementary schools and secondary schools can
easily consolidate funds from other Federal, State,
and local sources for schoolwide programs under sec-
tion 1114;
‘‘(8) the State educational agency has involved
the committee of practitioners established under sec-
tion 1703(b) (as redesignated by section 161(2)) in
developing and monitoring the implementation of the
State plan; and
‘‘(9) the State educational agency will inform
local educational agencies of the local educational
agency’s authority to obtain waivers under title VIII
and, if the State is an Ed-Flex Partnership State,
waivers under the Education Flexibility Partnership
Act of 1999.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
The Secretary shall—
‘‘(1) establish a peer review process to assist in
the review of State plans;
‘‘(2) only approve a State plan meeting each of
the requirements of this section;
‘‘(3) if the Secretary determines that the State
plan does not meet each of the requirements of sub-
section (a), (b), or (c), immediately notify the State
of such determination and the reasons for such de-
termination;
‘‘(4) not disapprove a State plan before—
‘‘(A) notifying the State educational agen-
cy in writing of the specific deficiencies of the
State plan;
‘‘(B) offering the State an opportunity to
revise the State plan;
‘‘(C) providing technical assistance in
order to assist the State to meet the require-
ments under subsections (a), (b), and (c); and
‘‘(D) providing a hearing;
‘‘(5) have the authority to disapprove a State
plan for not meeting the requirements of this sec-
tion, 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 1 or more
specific elements of the challenging State content
standards or to use specific assessment instruments
or items; and
‘‘(6) require a State to submit a revised State
plan that meets the requirements of this section to
the Secretary for approval not later than 1 year
after the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act.
‘‘(e) 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
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(2) ADDITIONAL INFORMATION.—If the State
makes significant changes in its State plan, such as
the adoption of new challenging State content stand-
ards and State student performance standards, new
assessments, or a new definition of adequate yearly
progress, the State shall submit such information to
the Secretary.
‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this
part shall be construed to authorize an officer or employee
of the Federal Government to mandate, direct, or control
a State’s, local educational agency’s, or elementary
school’s or secondary school’s specific challenging content
or student performance standards, assessments, curricula,
or program of instruction, as a condition of eligibility to
receive funds under this part.
‘‘(g) PENALTIES.—
‘‘(1) IN GENERAL.—If a State fails to meet the
statutory deadlines for demonstrating that the State
has in place challenging content standards and stu-
dent performance standards, assessments, a system
for measuring and monitoring adequate yearly
progress, and a statewide system for holding schools
and local educational agencies accountable for mak-
ing adequate yearly progress with each group of stu-
dents specified in subsection (b)(2)(B)(iv), the State
shall be ineligible to receive any administrative funds
under section 1703(c) that exceed the amount re-
ceived by the State for such purposes in the previous
year.
‘‘(2) ADDITIONAL FUNDS.—Based on the extent
to which challenging content standards and student
performance standards, assessments, systems for
measuring and monitoring adequate yearly progress,
and a statewide system for holding schools and local
educational agencies accountable for making ade-
quate yearly progress with each group of students
specified in subsection (b)(2)(B)(iv), are not in
place, the Secretary shall withhold additional admin-
istrative funds in such amount as the Secretary de-
termines appropriate, except that for each additional
year that the State fails to comply with such re-
quirements, the Secretary shall withhold not less
than 1⁄5 of the amount the State receives for admin-
istrative expenses under section 1703(c).
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), notwithstanding part D of
title VIII, the Education Flexibility Partnership
Act of 1999, or any other provision of law, a
waiver of this section shall not be granted, ex-
cept that a State may request a 1-time, 1-year
waiver to meet the requirements of this section.
‘‘(B) EXCEPTION.—A waiver granted pur-
suant to subparagraph (A) shall not apply to
the requirements described under subsection
(h).
‘‘(h) SPECIAL RULE ON SCIENCE STANDARDS AND
ASSESSMENTS.—Notwithstanding subsection (b) and part
D of title IV, no State shall be required to meet the re-
quirements under this title relating to science standards
or assessments until the beginning of the 2005–2006
school year.’’.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) SUBGRANTS.—Section 1112(a)(1) (20 U.S.C.
6312(a)(1)) is amended by striking ‘‘’’ and all that follows
and inserting ‘‘the Individuals with Disabilities Education
Act, the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, the Head Start Act, and other Acts,
as appropriate.’’.
(b) PLAN PROVISIONS.—Section 1112(b) (20 U.S.C.
6312(b)) is amended—
(1) by striking ‘‘Each’’ and inserting ‘‘In order
to help low-achieving children achieve high stand-
ards, each’’;
(2) in paragraph (1)—
(A) by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘title’’; and
(B) in subparagraph (B), by inserting
‘‘low-achieving’’ before ‘‘children’’;
(3) in paragraph (4)—
(A) in subparagraph (A)—
(i) by striking ‘‘program,’’ and insert-
ing ‘‘programs and’’; and
(ii) by striking ‘‘, and school-to-work
transition programs’’; and
(B) in subparagraph (B), by striking
‘‘under part C’’ and all that follows through
‘‘dropping out’’ and inserting ‘‘under part C,
neglected or delinquent youth,’’;
(4) in paragraph (7), by striking ‘‘eligible’’;
(5) in paragraph (9), by striking the period and
inserting a semicolon; and
(6) by adding at the end the following new
paragraphs:
‘‘(10) a description of the actions the local edu-
cational agency will take to assist the low-per-
forming schools served by the local educational agen-
cy, including schools identified under section 1116
as in need of improvement; and
‘‘(11) a description of how the local educational
agency will promote the use of alternative instruc-
tional methods, and extended learning time, such as
an extended school year, before- and after-school
programs, and summer programs.’’.
(c) ASSURANCES.—Section 1112(c) (20 U.S.C.
6312(c)) is amended to read as follows:
‘‘(c) ASSURANCES.—
‘‘(1) IN
GENERAL.—Each local educational
agency plan shall provide assurances that the local
educational agency will—
‘‘(A) specify the steps the local educational
agency will take to ensure that all teachers in
both schoolwide programs and targeted assist-
ance are fully qualified not later than December
31, 2003 and the strategies the local edu-
cational agency will use to ensure that low-in-
come students and minority students are not
taught at higher rates than other children by
inexperienced, uncertified, or out-of-field teach-
ers, and the measures the agency will use to
evaluate and publicly report progress in improv-
ing the quality of instruction in schools served
by the local educational agency and receiving
funding under this Act;
‘‘(B) reserve not less than 10 percent of
the funds the agency receives under this part
for high quality professional development, as
defined in section 1119, for professional in-
struction staff;
‘‘(C) provide eligible schools and parents
with information regarding schoolwide project
authority and the ability of such schools to con-
solidate funds from Federal, State, and local
sources;
‘‘(D) provide technical assistance and sup-
port to schoolwide programs;
‘‘(E) work in consultation with schools as
the schools develop a school plan pursuant to
section 1114(b)(2), and assist schools in imple-
menting such plans or undertaking activities
pursuant to section 1115(c), so that each school
can make adequate yearly progress toward
meeting the challenging State student perform-
ance standards;
‘‘(F) use the disaggregated results of the
student assessments required under section
1111(b)(4), and other measures or indicators
available to the agency, to review annually the
progress of each school served by the agency
and receiving funds under this title to deter-
mine whether or not all schools are making the
annual progress necessary to ensure that all
students will meet the proficient level of per-
formance on the assessments described in sec-
tion 1111(b)(4) within 10 years of the date of
enactment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act;
‘‘(G) set and hold schools served by the
local educational agency accountable for meet-
ing annual numerical goals for improving the
performance of all groups of students based on
the performance standards set by the State
under section 1111(b)(1)(D)(ii);
‘‘(H) fulfill the local educational agency’s
school improvement responsibilities under sec-
tion 1116, including taking corrective actions
under section 1116(c)(9);
‘‘(I) provide the State educational agency
with—
‘‘(i) an annual, up-to-date, and accu-
rate list of all schools served by the local
educational agency that are eligible for
school improvement and corrective action;
‘‘(ii) the reasons why each school de-
scribed in clause (i) was identified for
school improvement or corrective action;
and
‘‘(iii) the specific plans for improving
student performance in each of the schools
described in clause (i), including the spe-
cific numerical achievement goals for the
succeeding 2 school years, for each group
of 
students 
specified 
in 
section
1111(b)(2)(B)(iv) enrolled in each such
school;
‘‘(J) provide services to eligible children at-
tending private elementary schools and sec-
ondary schools in accordance with section 1120,
and provide timely and meaningful consultation
with private school officials regarding such serv-
ices;
‘‘(K) take into account the experience of
model programs for the educationally disadvan-
taged and the findings of relevant scientifically
based research when developing technical assist-
ance plans for, and delivering technical assist-
ance to, schools served by the local educational
agency that are receiving funds under this part
and are in school improvement or corrective ac-
tion;
‘‘(L) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age of
compulsory school attendance, ensure that such
services comply with the performance standards
established under section 641A(a) of the Head
Start Act;
‘‘(M) comply with the requirements of sec-
tion 1119 regarding the qualifications of teach-
ers and paraprofessionals;
‘‘(N) inform eligible schools served by the
local educational agency of the agency’s author-
ity to obtain waivers on such school’s behalf
under title VIII, and if the State is an Ed-Flex
Partnership State, under the Education Flexi-
bility Partnership Act of 1999; and
‘‘(O) coordinate and collaborate, to the ex-
tent feasible and necessary as determined by
the local educational agency, with other agen-
cies providing services to children, youth, and
their families.
‘‘(2) 
MODEL
PROGRAMS; 
SCIENTIFICALLY
BASED
RESEARCH.—In carrying out paragraph
(1)(K)—
‘‘(A) the Secretary shall consult with the
Secretary of Health and Human Services on the
implementation of such subparagraph, and shall
establish procedures (taking into consideration
existing State and local laws and local teacher
contracts) to assist local educational agencies to
comply with such subparagraph;
‘‘(B) the Secretary shall disseminate to
local educational agencies the Head Start per-
formance standards under section 641A(a) of
the Head Start Act upon such standard’s publi-
cation; and
‘‘(C) local educational agencies affected by
such subparagraph shall plan for the implemen-
tation of such subparagraph (taking into con-
sideration existing State and local laws, and
local teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
‘‘(3) INAPPLICABILITY.—The provisions of this
subsection shall not apply to preschool programs
using the Even Start model or to Even Start pro-
grams.’’.
(d) PLAN DEVELOPMENT AND DURATION.—Section
1112(d) (20 U.S.C. 6312(d)) is amended to read as fol-
lows:
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational
agency plan shall be developed in consultation with
teachers, principals, local school boards, administra-
tors (including administrators of programs described
in other parts of this title), other appropriate school
personnel, and parents of children in elementary
schools and secondary schools served under this
part.
‘‘(2) DURATION.—Each plan described in para-
graph (1) shall remain in effect for the duration of
the local educational agency’s participation under
this part.
‘‘(3) REVIEW.—Each local educational agency
shall periodically review, and as necessary, revise its
plan.’’.
(e) STATE APPROVAL.—Section 1112(e) (20 U.S.C.
6312(e)) is amended to read as follows:
‘‘(e) PEER REVIEW AND STATE APPROVAL.—
‘‘(1) IN
GENERAL.—Each local educational
agency plan shall be filed according to a schedule es-
tablished by the State educational agency.
‘‘(2) APPROVAL.—The State educational agency
shall establish a peer review process to assist in the
review of local educational agency plans. The State
educational agency shall approve a local educational
agency plan only if the State educational agency de-
termines that the local educational agency plan—
‘‘(A) will enable elementary schools and
secondary schools served by the local edu-
cational agency and under this part to help all
groups 
of 
students 
specified 
in 
section
1111(b)(1) meet or exceed the proficient level
of performance on the assessments required
under section 1111(b)(4) within 10 years of the
date of enactment of the Public Education Re-
investment, Reinvention, and Responsibility
Act; and
‘‘(B) meets each of the requirements of
this section.
‘‘(3) STATE REVIEW.—Each State educational
agency shall at least annually review each local agen-
cy plan approved under this subsection against the
results of the disaggregate assessments required
under section 1111(b)(4) for each local educational
agency to ensure that the progress of all students
in schools served by each local educational agency
under this part is adequate to ensure that all stu-
dents in the State will meet or exceed the proficient
standard level of performance on assessments within
10 years of the date of enactment of the Public Edu-
cation Reinvestment, Reinvention, and Responsibility
Act.
‘‘(4) PUBLIC REVIEW.—Each State educational
agency will make publicly available each local edu-
cational agency plan.’’.
(f) PARENTAL NOTIFICATION FOR ENGLISH LAN-
GUAGE INSTRUCTION.—Section 1112 (20 U.S.C. 6312) is
amended by adding at the end the following:
‘‘(g) PARENTAL NOTIFICATION AND CONSENT FOR
ENGLISH LANGUAGE INSTRUCTION.—
‘‘(1) NOTIFICATION.—If a local educational
agency uses funds under this part to provide English
language instruction to limited English proficient
students, the local educational agency shall inform a
parent or the parents of a child participating in an
English language assistance educational program as-
sisted under this part of—
‘‘(A) the reasons for the identification of
the child as being in need of English language
instruction;
‘‘(B) the child’s level of English pro-
ficiency, how such level was assessed, and the
status of the child’s academic achievement;
‘‘(C) how the English language assistance
educational program will specifically help the