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)); 
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(B) national student academic assessments 
of reading and mathematics under the National 
Assessment of Educational Progress carried out 
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); 
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(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 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. 
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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-
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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 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). 
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