H. R. 1—559
‘‘(4) create any legally enforceable right.
‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF
FEDERAL FUNDS.
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be con-
strued to authorize an officer or employee of the Federal Govern-
ment to mandate, direct, or control a State, local educational agency,
or school’s curriculum, program of instruction, or allocation of State
or local resources, or mandate a State or any subdivision thereof
to spend any funds or incur any costs not paid for under this
Act.
‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwith-
standing any other prohibition of Federal law, no funds provided
to the Department under this Act may be used by the Department
to endorse, approve, or sanction any curriculum designed to be
used in an elementary school or secondary school.
‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI-
CATION OF STANDARDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
Federal law, no State shall be required to have academic con-
tent or student academic achievement standards approved or
certified by the Federal Government, in order to receive assist-
ance under this Act.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to affect requirements under title I or part
A of title VI.
‘‘(d) RULE
OF
CONSTRUCTION
ON
BUILDING
STANDARDS.—
Nothing in this Act shall be construed to mandate national school
building standards for a State, local educational agency, or school.
‘‘SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND
STUDENT RECRUITING INFORMATION.
‘‘(a) POLICY.—
‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Not-
withstanding section 444(a)(5)(B) of the General Education
Provisions Act and except as provided in paragraph (2), each
local educational agency receiving assistance under this Act
shall provide, on a request made by military recruiters or
an institution of higher education, access to secondary school
students names, addresses, and telephone listings.
‘‘(2) CONSENT.—A secondary school student or the parent
of the student may request that the student’s name, address,
and telephone listing described in paragraph (1) not be released
without prior written parental consent, and the local edu-
cational agency or private school shall notify parents of the
option to make a request and shall comply with any request.
‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational
agency receiving assistance under this Act shall provide mili-
tary recruiters the same access to secondary school students
as is provided generally to post secondary educational institu-
tions or to prospective employers of those students.
‘‘(b) NOTIFICATION.—The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date
of enactment of the No Child Left Behind Act of 2001, notify
principals, school administrators, and other educators about the
requirements of this section.
‘‘(c) EXCEPTION.—The requirements of this section do not apply
to a private secondary school that maintains a religious objection
H. R. 1—560
to service in the Armed Forces if the objection is verifiable through
the corporate or other organizational documents or materials of
that school.
‘‘(d) SPECIAL RULE.—A local educational agency prohibited by
Connecticut State law (either explicitly by statute or through statu-
tory interpretation by the State Supreme Court or State Attorney
General) from providing military recruiters with information or
access as required by this section shall have until May 31, 2002,
to comply with that requirement.
‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provi-
sion of Federal law and except as provided in subsection (b), no
funds provided under this Act to the Secretary or to the recipient
of any award may be used to develop, pilot test, field test, imple-
ment, administer, or distribute any federally sponsored national
test in reading, mathematics, or any other subject, unless specifi-
cally and explicitly authorized by law.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to inter-
national comparative assessments developed under the authority
of section 404(a)(6) of the National Education Statistics Act of
1994 and administered to only a representative sample of pupils
in the United States and in foreign nations.
‘‘SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION
FOR TEACHERS.
‘‘(a) MANDATORY NATIONAL TESTING
OR CERTIFICATION
OF
TEACHERS.—Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the Department
or otherwise available under this Act may be used for any purpose
relating to a mandatory nationwide test or certification of teachers
or education paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or certifi-
cation.
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational agency
or local educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
‘‘SEC. 9531. PROHIBITION ON NATIONWIDE DATABASE.
‘‘Nothing in this Act (other than section 1308(b)) shall be con-
strued to authorize the development of a nationwide database of
personally identifiable information on individuals involved in
studies or other collections of data under this Act.
‘‘SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.
‘‘(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving
funds under this Act shall establish and implement a statewide
policy requiring that a student attending a persistently dangerous
public elementary school or secondary school, as determined by
the State in consultation with a representative sample of local
educational agencies, or who becomes a victim of a violent criminal
offense, as determined by State law, while in or on the grounds
of a public elementary school or secondary school that the student
attends, be allowed to attend a safe public elementary school or
secondary school within the local educational agency, including
a public charter school.
H. R. 1—561
‘‘(b) CERTIFICATION.—As a condition of receiving funds under
this Act, a State shall certify in writing to the Secretary that
the State is in compliance with this section.
‘‘SEC. 9533. PROHIBITION ON DISCRIMINATION.
‘‘Nothing in this Act shall be construed to require, authorize,
or permit, the Secretary, or a State educational agency, local edu-
cational agency, or school to grant to a student, or deny or impose
upon a student, any financial or educational benefit or burden,
in violation of the fifth or 14th amendments to the Constitution
or other law relating to discrimination in the provision of federally
funded programs or activities.
‘‘SEC. 9534. CIVIL RIGHTS.
‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to
permit discrimination on the basis of race, color, religion, sex (except
as otherwise permitted under title IX of the Education Amendments
of 1972), national origin, or disability in any program funded under
this Act.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be
construed to require the disruption of services to a child or the
displacement of a child enrolled in or participating in a program
administered by an eligible entity, as defined in section 1116 of
title I and part B of title V, at the commencement of the entity’s
participation in a grant under section 1116 of title I or part B
of title V.
‘‘SEC. 9535. RULEMAKING.
‘‘The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that there
is compliance with the specific requirements and assurances
required by this Act.
‘‘SEC. 9536. SEVERABILITY.
‘‘If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
‘‘PART F—EVALUATIONS
‘‘SEC. 9601. EVALUATIONS.
‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5 percent
of the amount appropriated to carry out each categorical program
and demonstration project authorized under this Act—
‘‘(1) to conduct—
‘‘(A) comprehensive evaluations of the program or
project; and
‘‘(B) studies of the effectiveness of the program or
project and its administrative impact on schools and local
educational agencies;
‘‘(2) to evaluate the aggregate short- and long-term effects
and cost efficiencies across Federal programs assisted or author-
ized under this Act and related Federal preschool, elementary,
and secondary programs under any other Federal law; and
‘‘(3) to increase the usefulness of evaluations of grant recipi-
ents in order to ensure the continuous progress of the program
or project by improving the quality, timeliness, efficiency, and
H. R. 1—562
use of information relating to performance under the program
or project.
‘‘(b) TITLES I AND III EXCLUDED.—The Secretary may not
reserve under subsection (a) funds appropriated to carry out any
program authorized under title I or title III.
‘‘(c) EVALUATION
ACTIVITIES
AUTHORIZED
ELSEWHERE.—If,
under any other provision of this Act (other than title I), funds
are authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not reserve
additional funds under this section for the evaluation of that pro-
gram or project.’’.
TITLE X—REPEALS, REDESIGNATIONS,
AND AMENDMENTS TO OTHER STAT-
UTES
PART A—REPEALS
SEC. 1011. REPEALS.
The following provisions of law are repealed:
(1) Part G of title XV of the Higher Education Amendments
of 1992 (20 U.S.C. 1070a–11 note), relating to the Advanced
Placement fee payment program.
(2) Part B of title VIII of the Higher Education Amend-
ments of 1998 (20 U.S.C. 1070a–11 note), relating to the
Advanced Placement incentive program.
(3) Part F of the General Education Provisions Act (20
U.S.C. 1235 et seq.), relating to Ready to Learn Television.
(4) The following provisions of the Goals 2000: Educate
America Act (20 U.S.C. 5801 et seq.):
(A) Parts A and C of title II (20 U.S.C. 5821 et seq.,
5871), relating to the National Education Goals Panel.
(B) Title VI (20 U.S.C. 5951), relating to the Inter-
national Education Program.
(5) The following provisions of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.):
(A) Titles X through XII (20 U.S.C. 8001 et seq.).
(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602).
(C) Title XIV (20 U.S.C. 8801 et seq.).
(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C.
9301 et seq.).
SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS.
The table of contents in section 1(b) of the Goals 2000: Educate
America Act (20 U.S.C. 5801 note) is amended by striking the
items relating to the following provisions:
(1) Parts A and C of title II (including the items relating
to sections within those parts).
(2) Sections 231, 232, 234, and 235.
(3) Titles III through VI (including the items relating to
sections within those titles).
H. R. 1—563
PART B—REDESIGNATIONS
SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
(a) IN GENERAL.—Part A of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is trans-
ferred to and redesignated as part K of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13101 through 13105 of such part are
redesignated as sections 1001 through 1005, respectively.
(c) DEFINED TERMS.—Part K of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:
‘‘SEC. 1006. DEFINED TERMS.
‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1022. NATIONAL DIFFUSION NETWORK.
(a) IN GENERAL.—Part B of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is trans-
ferred to and redesignated as part L of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13201 and 13102 of such part are
redesignated as sections 1011 and 1012, respectively.
(c) DEFINED TERMS.—Part L of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:
‘‘SEC. 1013. DEFINED TERMS.
‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDU-
CATION CONSORTIA.
(a) IN GENERAL.—Part C of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is trans-
ferred to and redesignated as part M of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Sections 13301 through 13108 of such part are
redesignated as sections 1021 through 1028, respectively.
(c) DEFINED TERMS.—Part M of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:
‘‘SEC. 1029. DEFINED TERMS.
‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Part D of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred