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 
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under section 303(a) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(a)); and 
(C) State student academic assessments of 
reading and mathematics under the National 
Assessment of Educational Progress carried out 
under section 303(b)(3) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(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-
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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 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(b). 
(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 
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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 
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of the 2003–2004 school year, to provide ideal 
or adequate access (as defined by the State 
under section 113) to the fundamentals of edu-
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) TWO-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. 
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(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 2.75 percent of any funds 
otherwise available to a State (or a State educational 
agency) for administration of Federal elementary and sec-
ondary education programs for each annual interim goal 
established 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 
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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 
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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. 
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(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 for 
Education Statistics). 
(D) The average per-pupil expenditure (in 
actual dollars and adjusted for cost and need) 
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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 
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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)). 
(C) 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 
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(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 
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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 
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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 for Education Sta-
tistics, in consultation with the Secretaries of Commerce, 
Labor, and the Treasury, shall conduct a comprehensive 
study concerning the effects on economic growth and pro-
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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 
for 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 for Education Sta-
tistics, 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 
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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 
for 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 ‘‘average per-pupil expenditure’’, 
‘‘core academic subjects’’, ‘‘elementary school’’, 
‘‘highly qualified’’, ‘‘local educational agency’’, ‘‘par-
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ent’’, ‘‘pupil services’’, ‘‘pupil services personnel’’, 
‘‘secondary school’’, and ‘‘State educational agency’’ 
each have the meanings given those terms in section 
9101 of the Elementary and Secondary Education 
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’’ includes the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern 
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Mariana Islands, American Samoa, Guam, the Vir-
gin Islands, and any other territory or possession of 
the United States. 
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. 
Æ 
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