pose of enabling the school or local educational agen-
cy 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 local educational 
agencies in the public school system. 
(B) For each such school and local edu-
cational agency, 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). 
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(D) The average per-pupil expenditure (in 
actual dollars and adjusted for cost and need) 
for the State and for each school and local edu-
cational agency. 
(E) The decile ranking of each local edu-
cational agency, as measured by achievement in 
mathematics, reading or language arts, and 
science on the academic assessments described 
in subparagraphs (A) and (C) of section 
113(b)(1). 
(2) SUCCESS IN PROVIDING OPPORTUNITY TO 
LEARN INDICATORS.— 
(A) A description of the ideal, adequate, 
and basic levels of access established by the 
State under section 113 to each of the oppor-
tunity to learn indicators described under sec-
tion 112(a). 
(B) For each school and local educational 
agency, the following information: 
(i) The level of access (as established 
under section 113) of the school or local 
educational agency to each of the oppor-
tunity to learn indicators described in sec-
tion 112(a). 
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(ii) The percentage of students pro-
ficient in mathematics, reading or lan-
guage arts, and science, as measured 
through 
assessments 
under 
section 
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 local edu-
cational agency is making adequate yearly 
progress under section 1111(b)(2) of the 
Elementary 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 
opportunity to learn indicators described in sec-
tion 112(a) at an ideal or adequate level (as es-
tablished 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 
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(ii) any other actions taken, or meas-
ures proposed to be taken, by the State to 
meet the requirements of section 112; and 
(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 oppor-
tunity to learn indicators described in section 112(a) 
provided to students in each school and local edu-
cational agency on the outcomes of the academic as-
sessments 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)). 
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(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 
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 opportunity to learn indicators 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 
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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 
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. 
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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-
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). 
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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 
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 
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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-
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.). 
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(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 
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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