H. R. 1
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To close the achievement gap with accountability, flexibility, and choice, so that
no child is left behind.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ‘‘No Child Left Behind Act
of 2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective date.
Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965.
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
Sec. 101. Improving the academic achievement of the disadvantaged.
TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY
TEACHERS AND PRINCIPALS
Sec. 201. Teacher and principal training and recruiting fund.
Sec. 202. Continuation of awards.
TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
Sec. 301. Language instruction for limited English proficient children and immi-
grant children and youth.
TITLE IV—21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS
Sec. 501. Innovative programs and parental choice provisions.
Sec. 502. Continuation of awards.
TITLE VI—FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
Sec. 602. Amendment to the National Education Statistics Act of 1994.
TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. Indians, Native Hawaiians, and Alaska Natives.
Sec. 702. Conforming amendments.
Sec. 703. Savings provisions.
TITLE VIII—IMPACT AID PROGRAM
Sec. 801. Payments relating to Federal acquisition of real property.
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Sec. 802. Payments for eligible federally connected children.
Sec. 803. Construction.
Sec. 804. State consideration of payments in providing State aid.
Sec. 805. Authorization of appropriations.
TITLE IX—GENERAL PROVISIONS
Sec. 901. General provisions.
TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER
STATUTES
PART A—REPEALS
Sec. 1011. Repeals.
Sec. 1012. Conforming clerical and technical amendments.
PART B—REDESIGNATIONS
Sec. 1021. Comprehensive Regional Assistance Centers.
Sec. 1022. National Diffusion Network.
Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.
Sec. 1024. Technology-based technical assistance.
Sec. 1025. Conforming amendments.
PART C—HOMELESS EDUCATION
Sec. 1031. Short title.
Sec. 1032. Education for homeless children and youths.
Sec. 1033. Conforming amendment.
Sec. 1034. Technical amendment.
PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT
Sec. 1041. Short title.
Sec. 1042. Amendments to the Education Amendments of 1978.
Sec. 1043. Tribally Controlled Schools Act of 1988.
Sec. 1044. Lease payments by the Ojibwa Indian School.
Sec. 1045. Enrollment and general assistance payments.
PART E—HIGHER EDUCATION ACT OF 1965
Sec. 1051. Preparing tomorrow’s teachers to use technology.
Sec. 1052. Continuation of awards.
PART F—GENERAL EDUCATION PROVISIONS ACT
Sec. 1061. Student privacy, parental access to information, and administration of
certain physical examinations to minors.
Sec. 1062. Technical corrections.
PART G—MISCELLANEOUS OTHER STATUTES
Sec. 1071. Title 5 of the United States Code.
Sec. 1072. Department of Education Organization Act.
Sec. 1073. Education Flexibility Partnership Act of 1999.
Sec. 1074. Educational Research, Development, Dissemination, and Improvement
Act of 1994.
Sec. 1075. National Child Protection Act of 1993.
Sec. 1076. Technical and conforming amendments.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.).
SEC. 4. TRANSITION.
(a) MULTI-YEAR AWARDS.—Except as otherwise provided in this
Act, the recipient of a multi-year award under the Elementary
and Secondary Education Act of 1965, as that Act was in effect
prior to the date of enactment of this Act, shall continue to receive
funds in accordance with the terms of that award, except that
no additional funds may be awarded after September 30, 2002.
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(b) PLANNING
AND TRANSITION.—Notwithstanding any other
provision of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as that Act was in effect prior
to the date of enactment of this Act, may use funds available
to the recipient under that predecessor authority to carry out nec-
essary and reasonable planning and transition activities in order
to ensure an orderly implementation of programs authorized by
this Act, and the amendments made by this Act.
(c) ORDERLY TRANSITION.—The Secretary shall take such steps
as are necessary to provide for the orderly transition to, and
implementation of, programs authorized by this Act, and by the
amendments made by this Act, from programs authorized by the
Elementary and Secondary Education Act of 1965, as that Act
was in effect prior to the date of enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in this Act,
this Act, and the amendments made by this Act, shall be effective
upon the date of enactment of this Act.
(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompeti-
tive programs under which any funds are allotted by the Secretary
of Education to recipients on the basis of a formula, this Act,
and the amendments made by this Act, shall take effect on July
1, 2002.
(c) COMPETITIVE PROGRAMS.—With respect to programs that
are conducted by the Secretary on a competitive basis, this Act,
and the amendments made by this Act, shall take effect with
respect to appropriations for use under those programs for fiscal
year 2002.
(d) IMPACT AID.—With respect to title VIII (Impact Aid), this
Act, and the amendments made by this Act, shall take effect with
respect to appropriations for use under that title for fiscal year
2002.
SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.
The Act is amended—
(1) in the heading of section 1, by striking ‘‘TABLE OF
CONTENTS’’ and inserting ‘‘SHORT TITLE’’; and
(2) by adding after section 1 the following new section:
‘‘SEC. 2. TABLE OF CONTENTS.
‘‘The table of contents for this Act is as follows:
‘‘Sec. 1. Short title.
‘‘Sec. 2. Table of contents.
‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
‘‘Sec. 1001. Statement of purpose.
‘‘Sec. 1002. Authorization of appropriations.
‘‘Sec. 1003. School improvement.
‘‘Sec. 1004. State administration.
‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
‘‘Sec. 1111. State plans.
‘‘Sec. 1112. Local educational agency plans.
‘‘Sec. 1113. Eligible school attendance areas.
‘‘Sec. 1114. Schoolwide programs.
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‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1116. Academic assessment and local educational agency and school improve-
ment.
‘‘Sec. 1117. School support and recognition.
‘‘Sec. 1118. Parental involvement.
‘‘Sec. 1119. Qualifications for teachers and paraprofessionals.
‘‘Sec. 1120. Participation of children enrolled in private schools.
‘‘Sec. 1120A. Fiscal requirements.
‘‘Sec. 1120B. Coordination requirements.
‘‘Subpart 2—Allocations
‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
‘‘Sec. 1122. Allocations to States.
‘‘Sec. 1124. Basic grants to local educational agencies.
‘‘Sec. 1124A. Concentration grants to local educational agencies.
‘‘Sec. 1125. Targeted grants to local educational agencies.
‘‘Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies
in fiscal years after fiscal year 2001.
‘‘Sec. 1125A. Education finance incentive grant program.
‘‘Sec. 1126. Special allocation procedures.
‘‘Sec. 1127. Carryover and waiver.
‘‘PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS
‘‘Subpart 1—Reading First
‘‘Sec. 1201. Purposes.
‘‘Sec. 1202. Formula grants to State educational agencies.
‘‘Sec. 1203. State formula grant applications.
‘‘Sec. 1204. Targeted assistance grants.
‘‘Sec. 1205. External evaluation.
‘‘Sec. 1206. National activities.
‘‘Sec. 1207. Information dissemination.
‘‘Sec. 1208. Definitions.
‘‘Subpart 2—Early Reading First
‘‘Sec. 1221. Purposes; definitions.
‘‘Sec. 1222. Local Early Reading First grants.
‘‘Sec. 1223. Federal administration.
‘‘Sec. 1224. Information dissemination.
‘‘Sec. 1225. Reporting requirements.
‘‘Sec. 1226. Evaluation.
‘‘Subpart 3—William F. Goodling Even Start Family Literacy Programs
‘‘Sec. 1231. Statement of purpose.
‘‘Sec. 1232. Program authorized.
‘‘Sec. 1233. State educational agency programs.
‘‘Sec. 1234. Uses of funds.
‘‘Sec. 1235. Program elements.
‘‘Sec. 1236. Eligible participants.
‘‘Sec. 1237. Applications.
‘‘Sec. 1238. Award of subgrants.
‘‘Sec. 1239. Evaluation.
‘‘Sec. 1240. Indicators of program quality.
‘‘Sec. 1241. Research.
‘‘Sec. 1242. Construction.
‘‘Subpart 4—Improving Literacy Through School Libraries
‘‘Sec. 1251. Improving literacy through school libraries.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘Sec. 1301. Program purpose.
‘‘Sec. 1302. Program authorized.
‘‘Sec. 1303. State allocations.
‘‘Sec. 1304. State applications; services.
‘‘Sec. 1305. Secretarial approval; peer review.
‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized
activities.
‘‘Sec. 1307. Bypass.
‘‘Sec. 1308. Coordination of migrant education activities.
‘‘Sec. 1309. Definitions.
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‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
‘‘Sec. 1401. Purpose and program authorization.
‘‘Sec. 1402. Payments for programs under this part.
‘‘Subpart 1—State Agency Programs
‘‘Sec. 1411. Eligibility.
‘‘Sec. 1412. Allocation of funds.
‘‘Sec. 1413. State reallocation of funds.
‘‘Sec. 1414. State plan and State agency applications.
‘‘Sec. 1415. Use of funds.
‘‘Sec. 1416. Institution-wide projects.
‘‘Sec. 1417. Three-year programs or projects.
‘‘Sec. 1418. Transition services.
‘‘Sec. 1419. Evaluation; technical assistance; annual model program.
‘‘Subpart 2—Local Agency Programs
‘‘Sec. 1421. Purpose.
‘‘Sec. 1422. Programs operated by local educational agencies.
‘‘Sec. 1423. Local educational agency applications.
‘‘Sec. 1424. Uses of funds.
‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under
this section.
‘‘Sec. 1426. Accountability.
‘‘Subpart 3—General Provisions
‘‘Sec. 1431. Program evaluations.
‘‘Sec. 1432. Definitions.
‘‘PART E—NATIONAL ASSESSMENT OF TITLE I
‘‘Sec. 1501. Evaluations.
‘‘Sec. 1502. Demonstrations of innovative practices.
‘‘Sec. 1503. Assessment evaluation.
‘‘Sec. 1504. Close Up fellowship program.
‘‘PART F—COMPREHENSIVE SCHOOL REFORM
‘‘Sec. 1601. Purpose.
‘‘Sec. 1602. Program authorization.
‘‘Sec. 1603. State applications.
‘‘Sec. 1604. State use of funds.
‘‘Sec. 1605. Local applications.
‘‘Sec. 1606. Local use of funds.
‘‘Sec. 1607. Evaluation and reports.
‘‘Sec. 1608. Quality initiatives.
‘‘PART G—ADVANCED PLACEMENT PROGRAMS
‘‘Sec. 1701. Short title.
‘‘Sec. 1702. Purposes.
‘‘Sec. 1703. Funding distribution rule.
‘‘Sec. 1704. Advanced placement test fee program.
‘‘Sec. 1705. Advanced placement incentive program grants.
‘‘Sec. 1706. Supplement, not supplant.
‘‘Sec. 1707. Definitions.
‘‘PART H—SCHOOL DROPOUT PREVENTION
‘‘Sec. 1801. Short title.
‘‘Sec. 1802. Purpose.
‘‘Sec. 1803. Authorization of appropriations.
‘‘Subpart 1—Coordinated National Strategy
‘‘Sec. 1811. National activities.
‘‘Subpart 2—School Dropout Prevention Initiative
‘‘Sec. 1821. Definitions.
‘‘Sec. 1822. Program authorized.
‘‘Sec. 1823. Applications.
‘‘Sec. 1824. State reservation.
‘‘Sec. 1825. Strategies and capacity building.
‘‘Sec. 1826. Selection of local educational agencies for subgrants.
H. R. 1—6
‘‘Sec. 1827. Community based organizations.
‘‘Sec. 1828. Technical assistance.
‘‘Sec. 1829. School dropout rate calculation.
‘‘Sec. 1830. Reporting and accountability.
‘‘PART I—GENERAL PROVISIONS
‘‘Sec. 1901. Federal regulations.
‘‘Sec. 1902. Agreements and records.
‘‘Sec. 1903. State administration.
‘‘Sec. 1904. Local educational agency spending audits.
‘‘Sec. 1905. Prohibition against Federal mandates, direction, or control.
‘‘Sec. 1906. Rule of construction on equalized spending.
‘‘Sec. 1907. State report on dropout data.
‘‘Sec. 1908. Regulations for sections 1111 and 1116.
‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY
TEACHERS AND PRINCIPALS
‘‘PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND
‘‘Sec. 2101. Purpose.
‘‘Sec. 2102. Definitions.
‘‘Sec. 2103. Authorizations of appropriations.
‘‘Subpart 1—Grants to States
‘‘Sec. 2111. Allotments to States.
‘‘Sec. 2112. State applications.
‘‘Sec. 2113. State use of funds.
‘‘Subpart 2—Subgrants to Local Educational Agencies
‘‘Sec. 2121. Allocations to local educational agencies.
‘‘Sec. 2122. Local applications and needs assessment.
‘‘Sec. 2123. Local use of funds.
‘‘Subpart 3—Subgrants to Eligible Partnerships
‘‘Sec. 2131. Definitions.
‘‘Sec. 2132. Subgrants.
‘‘Sec. 2133. Applications.
‘‘Sec. 2134. Use of funds.
‘‘Subpart 4—Accountability
‘‘Sec. 2141. Technical assistance and accountability.
‘‘Subpart 5—National Activities
‘‘Sec. 2151. National activities of demonstrated effectiveness.
‘‘PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS
‘‘Sec. 2201. Purpose; definitions.
‘‘Sec. 2202. Grants for mathematics and science partnerships.
‘‘Sec. 2203. Authorization of appropriations.
‘‘PART C—INNOVATION FOR TEACHER QUALITY
‘‘Subpart 1—Transitions to Teaching
‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM
‘‘Sec. 2301. Definitions.
‘‘Sec. 2302. Authorization of Troops-to-Teachers Program.
‘‘Sec. 2303. Recruitment and selection of program participants.
‘‘Sec. 2304. Participation agreement and financial assistance.
‘‘Sec. 2305. Participation by States.
‘‘Sec. 2306. Support of innovative preretirement teacher certification programs.
‘‘Sec. 2307. Reporting requirements.
‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM
‘‘Sec. 2311. Purposes.
‘‘Sec. 2312. Definitions.
‘‘Sec. 2313. Grant program.
‘‘Sec. 2314. Evaluation and accountability for recruiting and retaining teachers.
‘‘CHAPTER C—GENERAL PROVISIONS
‘‘Sec. 2321. Authorization of appropriations.
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‘‘Subpart 2—National Writing Project
‘‘Sec. 2331. Purposes.
‘‘Sec. 2332. National Writing Project.
‘‘Subpart 3—Civic Education
‘‘Sec. 2341. Short title.
‘‘Sec. 2342. Purpose.
‘‘Sec. 2343. General authority.
‘‘Sec. 2344. We the People program.
‘‘Sec. 2345. Cooperative civic education and economic education exchange programs.
‘‘Sec. 2346. Authorization of appropriations.
‘‘Subpart 4—Teaching of Traditional American History
‘‘Sec. 2351. Establishment of program.
‘‘Sec. 2352. Authorization of appropriations.
‘‘Subpart 5—Teacher Liability Protection
‘‘Sec. 2361. Short title.
‘‘Sec. 2362. Purpose.
‘‘Sec. 2363. Definitions.
‘‘Sec. 2364. Applicability.
‘‘Sec. 2365. Preemption and election of State nonapplicability.
‘‘Sec. 2366. Limitation on liability for teachers.
‘‘Sec. 2367. Allocation of responsibility for noneconomic loss.
‘‘Sec. 2368. Effective date.
‘‘PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY
‘‘Sec. 2401. Short title.
‘‘Sec. 2402. Purposes and goals.
‘‘Sec. 2403. Definitions.
‘‘Sec. 2404. Authorization of appropriations.
‘‘Subpart 1—State and Local Technology Grants
‘‘Sec. 2411. Allotment and reallotment.
‘‘Sec. 2412. Use of allotment by State.
‘‘Sec. 2413. State applications.
‘‘Sec. 2414. Local applications.
‘‘Sec. 2415. State activities.
‘‘Sec. 2416. Local activities.
‘‘Subpart 2—National Technology Activities
‘‘Sec. 2421. National activities.
‘‘Sec. 2422. National education technology plan.
‘‘Subpart 3—Ready-to-Learn Television
‘‘Sec. 2431. Ready-to-Learn Television.
‘‘Subpart 4—Limitation on Availability of Certain Funds for Schools
‘‘Sec. 2441. Internet safety.
‘‘TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
‘‘Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts.
‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT ACT
‘‘Sec. 3101. Short title.
‘‘Sec. 3102. Purposes.
‘‘Subpart 1—Grants and Subgrants for English Language Acquisition and Language
Enhancement
‘‘Sec. 3111. Formula grants to States.
‘‘Sec. 3112. Native American and Alaska Native children in school.
‘‘Sec. 3113. State and specially qualified agency plans.
‘‘Sec. 3114. Within-State allocations.
‘‘Sec. 3115. Subgrants to eligible entities.
‘‘Sec. 3116. Local plans.
‘‘Subpart 2—Accountability and Administration
‘‘Sec. 3121. Evaluations.