I
106TH CONGRESS
2D SESSION
H. R. 4564
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2000
Mr. HOEFFEL (for himself and Mr. MALONEY of Connecticut) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Elementary and Secondary Education Act
of 1965, to reauthorize and make improvements to that
Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Education Reinvestment Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2 References.
Sec. 3. Declaration of priorities.
TITLE I—STUDENT PERFORMANCE
Sec. 101. Heading.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation for school improvement.
PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
Sec. 105. State plans.
Sec. 106. Local educational agency plans.
Sec. 107. Schoolwide programs.
Sec. 108. School choice.
Sec. 109. Assessment and local educational agency and school improvement.
Sec. 110. State assistance for school support and improvement.
Sec. 111. Parental involvement changes.
Sec. 112. Qualifications for teachers and paraprofessionals.
Sec. 113. Professional development.
Sec. 114. Fiscal requirements.
Sec. 115. Coordination requirements.
Sec. 116. Grants for the outlying areas and the Secretary of the Interior.
Sec. 117. Amounts for grants.
Sec. 118. Basic grants to local educational agencies.
Sec. 119. Concentration grants.
Sec. 120. Targeted grants.
Sec. 121. Special allocation procedures.
PART B—EVEN START FAMILY LITERACY PROGRAMS
Sec. 131. Program authorized.
Sec. 132. Applications.
Sec. 133. Research.
PART C—EDUCATION OF MIGRATORY CHILDREN
Sec. 141. Comprehensive needs assessment and service-delivery plan; authorized
activities.
PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND
YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING
OUT
Sec. 151. State plan and State agency applications.
Sec. 152. Use of funds.
PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION
PROJECTS
Sec. 161. Evaluations.
Sec. 162. Demonstrations of innovative practices.
PART F—RURAL EDUCATION DEVELOPMENT INITIATIVE
Sec. 171. Rural education development initiative.
PART G—GENERAL PROVISIONS
Sec. 181. Federal regulations.
Sec. 182. State administration.
TITLE II—TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL
DEVELOPMENT, AND CLASS SIZE
Sec. 201. Teacher and principal quality, professional development, and class
size.
TITLE III—LANGUAGE MINORITY STUDENTS AND INDIAN,
NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 301. Language minority students.
Sec. 302. Emergency immigrant education program.
Sec. 303. Indian, Native Hawaiian, and Alaska Native education.
TITLE IV—PUBLIC SCHOOL CHOICE
Sec. 401. Public school choice.
Sec. 402. Development of public school choice programs; report cards.
TITLE V—IMPACT AID
Sec. 501. Impact aid.
TITLE VI—HIGH PERFORMANCE AND QUALITY EDUCATION
INITIATIVES
Sec. 601. High performance and quality education initiatives.
TITLE VII—ACCOUNTABILITY
Sec. 701. Accountability.
TITLE VIII—GENERAL PROVISIONS AND REPEALS
Sec. 801. Repeals, transfers, and redesignations regarding titles VIII and XIV.
Sec. 802. Other repeals.
TITLE IX—TECHNOLOGY FOR EDUCATION
Sec. 901. Technology for education.
TITLE X—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Sec. 1001. Safe and drug-free schools and communities.
TITLE XI—PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 1101. Programs of national significance.
SEC. 2. 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 provi-
sion, the reference shall be considered to be made to a
section or other provision of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. DECLARATION OF PRIORITIES.
Congress declares that our national educational prior-
ities are to—
(1) introduce real accountability by making
public elementary school and secondary school edu-
cation funding performance-based rather than a
guaranteed source of revenue for States and local
educational agencies;
(2) require State educational agencies and local
educational agencies to establish high student per-
formance objectives, and to provide the State edu-
cational agencies and local educational agencies with
flexibility in using Federal resources to ensure that
the performance objectives are met;
(3) provide Federal support to vital national
priorities, including compensatory education for dis-
advantaged children and youth, teacher quality and
professional development, programs for limited
English proficient students, student safety, and the
incorporation of educational technology;
(4) concentrate Federal education funding on
impoverished areas where elementary schools and
secondary schools are most likely to be in distress;
important step in focusing our Nation’s priorities on
closing the achievement gap between poor and afflu-
ent students in the United States. The Federal Gov-
ernment must continue to build on these improve-
ments made in 1994 by holding States and local
educational agencies accountable for student achieve-
ment.
‘‘(3) States can help close this achievement gap
by developing challenging curriculum content and
student performance standards so that all elemen-
tary school and secondary school students perform
at an advanced level. States should implement vig-
orous and comprehensive student performance as-
sessments, such as the National Assessment of Edu-
cational Progress (NAEP) so as to measure fully the
progress of our Nation’s students.
‘‘(4) In order to ensure that no child is left be-
hind in the new economy, the Federal Government
must better target Federal resources on those chil-
dren who are most at-risk for falling behind aca-
demically.
‘‘(5)(A) Title I funds have been targeted on
high-poverty areas, but not to the degree they should
be as demonstrated by the following:
‘‘(B) Although 95 percent of schools with pov-
erty levels of 75 percent to 100 percent receive title
I funding, 20 percent of schools with poverty levels
of 50 to 74 percent do not receive any title I fund-
ing.
‘‘(C) Only 64 percent of schools with poverty
levels in the 35 percent to 49 percent range receive
title I funding.
‘‘(6) Title I funding should be significantly in-
creased and more effectively targeted to ensure that
all low-income students have an opportunity to excel
academically.
‘‘(7) The Federal Government should provide
greater decisionmaking authority and flexibility to
schools and teachers in exchange for greater respon-
sibility for student performance. Federal, State, and
local efforts should be focused on raising the aca-
demic achievement of all students. Our Nation’s
children deserve nothing less than holding account-
able those responsible for shaping our childrens’ fu-
ture and our country’s future.
‘‘(b) POLICY.—Congress declares that it is the policy
of the United States to ensure that all students receive
a high-quality education by holding States, local edu-
cational agencies, and elementary schools and secondary
schools accountable for increased student academic per-
formance results, and by facilitating improved classroom
instruction.
‘‘(c) PURPOSES.—The purposes of this title are as
follows:
‘‘(1) To eliminate the existing 2-tiered edu-
cational system, which set lower academic expecta-
tions for impoverished students than for affluent
students.
‘‘(2) To require all States to have challenging
content and student performance standards and as-
sessment measures in place.
‘‘(3) To require all States to ensure adequate
yearly progress for all students by establishing an-
nual, numerical performance objectives.
‘‘(4) To ensure that all title I students receive
educational instruction from a fully qualified teach-
er.
‘‘(5) To support State and local educational
agencies in identifying, assisting, and correcting low-
performing schools.
‘‘(6) To increase Federal funding for part A
programs for disadvantaged students in return for
increased academic performance of all students.
‘‘(7) To target Federal funding to local edu-
cational agencies serving the highest percentages of
low-income students.’’.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read
as follows:
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For
the purpose of carrying out part A, other than section
1120(e), there are authorized to be appropriated
$12,000,000,000 for fiscal year 2001 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
‘‘(b) EVEN START.—For the purpose of carrying out
part B, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and each of the
4 succeeding fiscal years.
‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For
the purpose of carrying out part C, there are authorized
to be appropriated such sums as may be necessary for fis-
cal year 2001 and each of the 4 succeeding fiscal years.
‘‘(d) PREVENTION AND INTERVENTION PROGRAMS
FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT
RISK OF DROPPING OUT.—For the purpose of carrying
out part D, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2001 and each
of the 4 succeeding fiscal years.
‘‘(e) CAPITAL EXPENSES.—For the purpose of car-
rying out section 1120(e), there are authorized to be ap-
propriated $12,000,000 for fiscal year 2001 and
$5,000,000 for fiscal year 2002.
‘‘(f) FEDERAL ACTIVITIES.—For the purpose of car-
rying out sections 1501 and 1502, there are authorized
to be appropriated such sums as may be necessary for fis-
cal year 2001 and each of the 4 succeeding fiscal years.’’.
SEC. 104. RESERVATION FOR SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read
as follows:
‘‘SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
‘‘(a) STATE RESERVATIONS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall reserve 2.5 percent of the amount the
State educational agency receives under part A for
fiscal years 2001 and 2002, and 3.5 percent of that
amount for fiscal years 2003 through 2005, to carry
out paragraph (2) and to carry out the State edu-
cational agency’s responsibilities under sections 1116
and 1117, including the State educational agency’s
statewide system of technical assistance and support
for local educational agencies.
‘‘(2) USES.—Of the amount reserved under
paragraph (1) for any fiscal year, the State edu-
cational agency shall make available at least 80 per-
cent of such amount directly to local educational
agencies.
PART A—IMPROVING BASIC PROGRAMS
OPERATED BY LOCAL EDUCATIONAL AGENCIES
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read
as follows:
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN
GENERAL.—Any State educational
agency desiring a grant under this part shall submit
to the Secretary a plan, developed in consultation
with local educational agencies, teachers, pupil serv-
ices personnel, administrators (including administra-
tors of programs described in other parts of this
title), local school boards, other staff, and parents,
that satisfies the requirements of this section and
that is coordinated with other programs under this
Act, the Individuals with Disabilities Education Act,
the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, and the Head Start Act.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(b) STANDARDS, ASSESSMENTS, AND ACCOUNT-
ABILITY.—
‘‘(1) CHALLENGING STANDARDS.—
‘‘(A) IN GENERAL.—Each State plan shall
demonstrate that the State has adopted chal-
lenging content standards and challenging stu-
dent performance standards that will be used
by the State, and the local educational agencies,
and elementary schools and secondary schools,
within the State to carry out this part.
‘‘(B) UNIFORMITY.—The standards re-
quired by subparagraph (A) shall be the same
standards that the State applies to all elemen-
tary schools and secondary schools within the
State and all children attending such schools.
‘‘(C) SUBJECTS.—The State shall have
such standards for elementary school and sec-
ondary school children served under this part in
subjects determined by the State, but including
at least mathematics, science, and English lan-
guage arts, and which shall include the same
knowledge, skills, and levels of performance ex-
pected of all children.
‘‘(D) STANDARDS.—Standards under this
paragraph shall include—
‘‘(i) challenging content standards in
academic subjects that—
‘‘(I) specify what children are ex-
pected to know and be able to do;
‘‘(II) contain coherent and rig-
orous content; and
‘‘(III) encourage the teaching of
advanced skills; and
‘‘(ii) challenging student performance
standards that—
‘‘(I) are aligned with the State’s
content standards;
‘‘(II) describe 2 levels of high
performance, proficient and advanced
levels of performance, that determine
how well children are mastering the
material in the State content stand-
ards; and
‘‘(III) describe a third level of
performance, a basic level of perform-
ance, to provide complete information
about the progress of the lower per-
forming children toward achieving to
the proficient and advanced levels of
performance.
‘‘(E) ADDITIONAL
SUBJECTS.—For the
subjects in which students will be served under
this part, but for which a State is not required
under subparagraphs (A), (B), and (C) to de-
velop, and has not otherwise developed, chal-
lenging content and student performance stand-
ards, the State plan shall describe a strategy
for ensuring that such students are taught the
same knowledge and skills and held to the same
expectations as are all children.
‘‘(F) SPECIAL
RULE.—In the case of a
State that allows local educational agencies to
adopt more rigorous standards than those set
by the State, local educational agencies shall be
allowed to implement such standards.
‘‘(2) ADEQUATE YEARLY PROGRESS.—
‘‘(A) IN GENERAL.—Each State plan shall
demonstrate, based on assessments described
under paragraph (4), what constitutes adequate
yearly progress of—
‘‘(i) any school served under this part
toward enabling all children to meet the
State’s challenging student performance
standards;
‘‘(ii) any local educational agency that
receives funds under this part toward ena-
bling all children in schools served by the
local educational agency and receiving as-
sistance under this part to meet the
State’s challenging student performance
standards; and
‘‘(iii) the State in enabling all children
in schools receiving assistance under this
part to meet the State’s challenging stu-
dent performance standards.
‘‘(B) 
DEFINITION.—Adequate 
yearly
progress shall be defined by the State in a man-
ner that—
‘‘(i) applies the same high standards
of academic performance to all students in
the State;
‘‘(ii) takes into account the progress
of all students in the State and in each
local educational agency and school served
under section 1114 or 1115;
‘‘(iii) uses the State challenging con-
tent and challenging student performance
standards and assessments described in
paragraphs (1) and (4);
‘‘(iv) compares separately, within each
State, local educational agency, and school,
the performance and progress of students,
by each major ethnic and racial group, by
gender, by English proficiency status, and
by economically disadvantaged students as
compared to students who are not eco-
nomically disadvantaged (except that such
disaggregation shall not be required in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or the results would
reveal individually identifiable information
about an individual student);
‘‘(v) compares the proportions of stu-
dents at the basic, proficient, and ad-
vanced levels of performance with the pro-
portions of students at each of the 4 per-
formance levels in the same grade in the
previous school year;
‘‘(vi) endeavors to include other aca-
demic measures such as promotion, attend-
ance, drop-out rates, completion of college
preparatory courses, college admission
tests taken, and secondary school comple-
tion, except that failure to meet another
academic measure, other than student per-
formance on State assessments aligned
with State standards, shall not provide the
sole basis for designating a district or
school as in need of improvement;
‘‘(vii) includes annual numerical ob-
jectives for improving the performance of
all groups described in clause (iv) and nar-
rowing gaps in performance between these
groups in, at least, the areas of mathe-
matics and English language arts; and
‘‘(viii) includes a timeline for ensuring
that each group of students described in
clause (iv) meets or exceeds the State’s
proficient level of performance on each
State assessment used for the purposes of
this section and section 1116 not later
than 10 years after the date of enactment
of the Education Reinvestment Act.
‘‘(C) ACCOUNTABILITY.—Each State plan
shall demonstrate that the State has developed
and is implementing a statewide accountability
system that has been or will be effective in en-
suring that all local educational agencies, ele-
mentary schools, and secondary schools are
making adequate yearly progress as defined in
section 1111(b)(2)(B). Each State account-
ability system shall—
‘‘(i) be based on the standards and as-
sessments adopted under paragraphs (1)
and (4) and take into account the perform-
ance of all students required by law to be
included in such assessments;
‘‘(ii) be the same accountability sys-
tem the State uses for all schools or all
local educational agencies, if the State has
an accountability system for all schools or
all local educational agencies;
‘‘(iii) provide for the identification of
schools or local educational agencies receiv-
ing funds under this part that for 2 con-
secutive years have exceeded such schools’
or agencies’ adequate yearly progress goals
so that information about the practices
and strategies of such schools or agencies
can be disseminated to other schools in the
local educational agency and in the State
and such schools can be considered for re-
wards provided under title VII of this Act;
‘‘(iv) provide for the identification of
schools and local educational agencies in
need of improvement, as required by sec-
tion 1116, and for the provision of tech-
nical assistance, professional development,
and other capacity-building as needed, in-
cluding those measures specified in sec-
tions 1116(d)(9) and 1117, to ensure that
schools and local educational agencies so
identified have the resources, skills, and
knowledge needed to carry out their obliga-
tions under sections 1114 and 1115 and to
meet the requirements for annual improve-
ment described in paragraph (2); and
‘‘(v) provide for the identification of
schools and local educational agencies for
corrective action or actions as required by
section 1116, and for the implementation
of corrective actions against school and
school districts when such actions are re-
quired under such section.
‘‘(D) 
ANNUAL
IMPROVEMENT
FOR
STATES.—For a State to make adequate yearly
progress under subparagraph (A)(iii), not less
than 80 percent of the local educational agen-
cies within the State shall meet the State’s cri-
teria for adequate yearly progress.
‘‘(E) ANNUAL IMPROVEMENT FOR LOCAL
EDUCATIONAL
AGENCIES.—For a local edu-
cational agency to make adequate yearly
progress under subparagraph (A)(ii), not less
than 80 percent of the schools served by the
local educational agency shall meet the State’s
criteria for adequate yearly progress, except
that this subparagraph shall not apply to a
local educational agency that serves 5 or fewer
schools.
‘‘(F) 
ANNUAL
IMPROVEMENT
FOR
SCHOOLS.—For an elementary school or a sec-
ondary school to make adequate yearly progress
under subparagraph (A)(i), not less than 80
percent of each group of students described in
subparagraph (B)(iv) who are enrolled in such
school shall take the assessments described in
paragraph (4)(D) and in section 612(a)(17)(A)
of the Individuals with Disabilities Education
Act.
‘‘(G) PUBLIC NOTICE AND COMMENT.—
‘‘(i) IN GENERAL.—Each State shall
submit information in the State plan dem-
onstrating that in developing such plan—
‘‘(I) the State diligently sought
public comment from a range of insti-
tutions and individuals in the State
with an interest in improved student
achievement; and
‘‘(II) the State made and will
continue to make a substantial effort
to ensure that information regarding
content standards, performance stand-
ards, assessments, and the State ac-
countability system is widely known
and understood by the public, parents,
teachers, and school administrators
throughout the State.
‘‘(ii) EFFORTS.—The efforts described
in clause (i), at a minimum, shall include
annual publication of such information and
explanatory text to the public through such
means as the Internet, the media, and pub-
lic agencies. Non-English language shall be
used to communicate with parents where
appropriate.
‘‘(H) REVIEW.—The Secretary shall review
information from each State on the adequate
yearly progress of schools and local educational
agencies within the State required under sub-
paragraphs (A) and (B) for the purpose of de-
termining State and local compliance with sec-
tion 1116.
‘‘(3) STATE
AUTHORITY.—If a State edu-
cational agency provides evidence that is satisfactory
to the Secretary that neither the State educational
agency nor any other State government official,
agency, or entity has sufficient authority under
State law to adopt curriculum content and student
performance standards, and assessments aligned
with such standards, that will be applicable to all
students enrolled in the State’s public schools, then
the State educational agency may meet the require-
ments of this subsection by—
‘‘(A) adopting curriculum content and stu-
dent performance standards and assessments
that meet the requirements of this subsection,
on a statewide basis, and limiting the applica-
bility of such standards and assessments to stu-
dents served under this part; or
‘‘(B) adopting and implementing policies
that ensure that each local educational agency
within a State receiving a grant under this part
will adopt curriculum content and student per-
formance standards and assessments—
‘‘(i) that are aligned with the stand-
ards described in subparagraph (A); and
‘‘(ii) that meet the criteria in this sub-
section and any regulations regarding such
standards and assessments that the Sec-
retary may publish and that are applicable
to all students served by each such local
educational agency.
‘‘(4) ASSESSMENTS.—Each State plan shall
demonstrate that the State has implemented a set of
high quality, yearly student assessments that in-
clude, at a minimum, assessments in mathematics,
science, and English language arts, that will be
used, starting not later than the 2000–2001 school
year as the primary means of determining the yearly
performance of each local educational agency and
school served by the State under this title in ena-
bling all children to meet the State’s challenging
content and student performance standards. Such
assessments shall—
‘‘(A) be the same assessments used to
measure the performance of all children, if the
State measures the performance of all children;
‘‘(B) be aligned with the State’s chal-
lenging content and student performance stand-
ards, and provide coherent information about
student attainment of such standards;
‘‘(C) be used only for purposes for which
such assessments are valid and reliable, and be
consistent with relevant, nationally recognized
professional and technical standards for such
assessments;
‘‘(D) measure the performance of students
against the challenging State content and stu-
dent performance standards, and be adminis-
tered not less than once during—
‘‘(i) grades 3 through 5;
‘‘(ii) grades 6 through 9; and
‘‘(iii) grades 10 through 12;
‘‘(E) include multiple, up-to-date measures
of student performance, including measures
that assess higher order thinking skills and un-
derstanding;
‘‘(F) provide for—
‘‘(i) the participation in such assess-
ments of all students;
‘‘(ii) the reasonable adaptations and
accommodations for students with disabil-
ities as defined in 602(3) of the Individ-
uals with Disabilities Education Act nec-
essary to measure the achievement of such
students relative to State content and stu-
dent performance standards;
‘‘(iii) in the case of a student with
limited English proficiency, the assessment
of such student in the student’s native lan-
guage if such a native language assessment
is more likely than an English language
assessment to yield accurate and reliable
information on what that student knows
and is able to do; and
‘‘(iv) notwithstanding clause (iii), the
assessment (using tests written in English)
of English language arts of any student
who has attended school in the United
States (not including the Commonwealth of
Puerto Rico) for 3 or more consecutive
school years, except if the local educational
agency determines, on a case-by-case indi-
vidual basis, that assessments in another
language and form would likely yield more
accurate and reliable information on what
such students know and can do, the local
educational agency may assess such stu-
dents in the appropriate language other
than English for 1 additional consecutive
year beyond the third consecutive year;
and
‘‘(G) include students who have attended
schools in a local educational agency for a full
academic year but have not attended a single
school for a full academic year, except that the
performance of students who have attended
more than 1 school in the local educational
agency in any academic year shall be used only
in determining the progress of the local edu-
cational agency;
‘‘(H) provide individual student reports to
be submitted to parents, including assessment
scores or other information on the attainment
of student performance standards; and
‘‘(I) enable results to be disaggregated
within each State, local educational agency, and
school by gender, by each major racial and eth-
nic group, by English proficiency status, and by
economically disadvantaged students as com-
pared to students who are not economically dis-
advantaged.
‘‘(5) RIGOROUS CRITERIA.—States are encour-
aged to use rigorous criteria assessment measures.
‘‘(6) FIRST GRADE LITERACY ASSESSMENT.—In
addition to those assessments described in para-
graph (4), each State receiving funds under this
part shall describe in its State plan what reasonable
steps it is taking to assist and encourage local edu-
cational agencies—
‘‘(A) to measure literacy skills of first
graders in schools receiving funds under this
part by providing assessments of first graders
that are—
‘‘(i) developmentally appropriate;
‘‘(ii) aligned with State content and
student performance standards; and
‘‘(iii) scientifically research-based; and
‘‘(B) to assist and encourage local edu-
cational agencies receiving funds under this
part in identifying and taking developmentally
appropriate and effective interventions in any
school served under this part in which a sub-
stantial number of first graders have not dem-
onstrated grade-level literacy proficiency by the
end of the school year.
‘‘(7) LANGUAGE
ASSESSMENTS.—Each State
plan shall identify the languages other than English
and Spanish that are present in the participating
student populations in the State, and indicate the
languages for which yearly student assessments are
not available and are needed. The State may request
assistance from the Secretary if linguistically acces-
sible assessment measures are needed. Upon request,
the Secretary shall assist with the identification of
appropriate assessment measures in the needed lan-
guages, but shall not mandate a specific assessment
or mode of instruction.
‘‘(8) ASSESSMENT
DEVELOPMENT.—A State
shall develop and implement the State assessments,
including, at a minimum, mathematics and English
language arts, by the 2000–2001 school year.
‘‘(9) REQUIREMENT.—Each State plan shall
describe—
‘‘(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the capac-
ity to comply with each of the requirements of
sections 1114(b), 1115(c), and 1116 that are
applicable to such agency or school;
‘‘(B) how the State educational agency
will—
‘‘(i) hold each local educational agency
affected by the State plan accountable for
improved student performance, including a
procedure for—
‘‘(I) identifying local educational
agencies and schools in need of im-
provement; and
‘‘(II) assisting local educational
agencies and schools identified under
subclause (I) to address achievement
problems, including thorough descrip-
tions of the amounts and types of pro-
fessional development to be provided
instructional staff, the amount of any
financial assistance to be provided by
the State under section 1003, and the
amount of any funds to be provided
by other sources and the activities to
be provided by those sources; and
‘‘(ii) implementing corrective action if
assistance is not effective;
‘‘(C) how the State educational agency is
providing low-performing students additional
academic instruction, such as before- and after-
school programs and summer academic pro-
grams;
‘‘(D) such other factors the State considers
appropriate to provide students an opportunity
to achieve the knowledge and skills described in
the State’s challenging content standards;
‘‘(E) the specific steps the State edu-
cational agency will take or the specific strate-
gies the State educational agency will use to en-
sure that—
‘‘(i) all teachers in both schoolwide
programs and targeted assistance pro-
grams are fully qualified not later than
December 31, 2005; and
‘‘(ii) low-income students and minor-
ity students are not taught at higher rates
than other students by unexperienced,
uncertified, or out-of-field teachers; and
‘‘(F) the measures the State educational
agency will use to evaluate and publicly report
the State’s progress in improving the quality of
instruction in the schools served by the State
educational agency and local educational agen-
cies receiving funding under this Act.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—Each State plan shall contain assur-
ances that—
‘‘(1) the State educational agency will work
with other agencies, including educational service
agencies or other local consortia and institutions to
provide technical assistance to local educational
agencies and elementary schools and secondary
schools to carry out the State educational agency’s
responsibilities under this part, including technical
assistance in providing professional development
under section 1119(A) and technical assistance
under section 1117; and
‘‘(2)(A) where educational service agencies
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through such agencies; and
‘‘(B) where educational service agencies do not
exist, the State educational agency will consider pro-
viding professional development and technical assist-
ance through other cooperative agreements, such as
through a consortium of local educational agencies;
‘‘(3) the State educational agency will use the
disaggregated results of the student assessments re-
quired under subsection (b)(4), and other measures
or indicators available to the State, to review annu-
ally the progress of each local educational agency
and school served under this part to determine
whether each such agency and school is making the
annual progress necessary to ensure that all stu-
dents will meet the proficient level of performance
on the assessments described in subsection (b)(4)
within 10 years of the date of enactment of the Edu-
cation Reinvestment Act;
‘‘(4) the State educational agency will provide
the least restrictive and burdensome regulations for
local educational agencies and individual elementary
schools and secondary schools participating in a pro-
gram assisted under this part;
‘‘(5) the State educational agency will regularly
inform the Secretary and the public in the State of
how Federal laws, if any, hinder the ability of States
to hold local educational agencies and schools ac-
countable for student academic performance;
‘‘(6) the State educational agency will encour-
age elementary schools and secondary schools to
consolidate funds from other Federal, State, and
local sources for schoolwide reform in schoolwide
programs under section 1114;
‘‘(7) the State educational agency will modify or
eliminate State fiscal and accounting barriers so
that elementary schools and secondary schools can
easily consolidate funds from other Federal, State,
and local sources for schoolwide programs under sec-
tion 1114;
‘‘(8) the State educational agency has involved
the committee of practitioners established under sec-
tion 1703(b) (as redesignated by section 161(2)) in
developing and monitoring the implementation of the
State plan; and
‘‘(9) the State educational agency will inform
local educational agencies of the local educational
agency’s authority to obtain waivers under title VIII
and, if the State is an Ed-Flex Partnership State,
waivers under the Education Flexibility Partnership
Act of 1999.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
The Secretary shall—
‘‘(1) establish a peer review process to assist in
the review of State plans;
‘‘(2) only approve a State plan meeting each of
the requirements of this section;
‘‘(3) if the Secretary determines that the State
plan does not meet each of the requirements of sub-
section (a), (b), or (c), immediately notify the State
of such determination and the reasons for such de-
termination;
‘‘(4) not disapprove a State plan before—
‘‘(A) notifying the State educational agen-
cy in writing of the specific deficiencies of the
State plan;
‘‘(B) offering the State an opportunity to
revise the State plan;
‘‘(C) providing technical assistance in
order to assist the State to meet the require-
ments under subsections (a), (b), and (c); and
‘‘(D) providing a hearing;
‘‘(5) have the authority to disapprove a State
plan for not meeting the requirements of this sec-
tion, but shall not have the authority to require a
State, as a condition of approval of the State plan,
to include in, or delete from, such plan 1 or more
specific elements of the challenging State content
standards or to use specific assessment instruments
or items; and
‘‘(6) require a State to submit a revised State
plan that meets the requirements of this section to
the Secretary for approval not later than 1 year
after the date of enactment of the Education Rein-
vestment Act.
‘‘(e) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of
the State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(2) ADDITIONAL INFORMATION.—If the State
makes significant changes in its State plan, such as
the adoption of new challenging State content stand-
ards and State student performance standards, new
assessments, or a new definition of adequate yearly
progress, the State shall submit such information to
the Secretary.
‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this
part shall be construed to authorize an officer or employee
of the Federal Government to mandate, direct, or control
a State’s, local educational agency’s, or elementary
school’s or secondary school’s specific challenging content
or student performance standards, assessments, curricula,
or program of instruction, as a condition of eligibility to
receive funds under this part.
‘‘(g) PENALTIES.—
‘‘(1) IN GENERAL.—If a State fails to meet the
statutory deadlines for demonstrating that the State
has in place challenging content standards and stu-
dent performance standards, assessments, a system
for measuring and monitoring adequate yearly
progress, and a statewide system for holding schools
and local educational agencies accountable for mak-
ing adequate yearly progress with each group of stu-
dents specified in subsection (b)(2)(B)(iv), the State
shall be ineligible to receive any administrative funds
under section 1703(c) that exceed the amount re-
ceived by the State for such purposes in the previous
year.
‘‘(2) ADDITIONAL FUNDS.—Based on the extent
to which challenging content standards and student
performance standards, assessments, systems for
measuring and monitoring adequate yearly progress,
and a statewide system for holding schools and local
educational agencies accountable for making ade-
quate yearly progress with each group of students
specified in subsection (b)(2)(B)(iv), are not in
place, the Secretary shall withhold additional admin-
istrative funds in such amount as the Secretary de-
termines appropriate, except that for each additional
year that the State fails to comply with such re-
quirements, the Secretary shall withhold not less
than 1⁄5 of the amount the State receives for admin-
istrative expenses under section 1703(c).
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), notwithstanding part D of
title VIII, the Education Flexibility Partnership
Act of 1999, or any other provision of law, a
waiver of this section shall not be granted, ex-
cept that a State may request a 1-time, 1-year
waiver to meet the requirements of this section.
‘‘(B) EXCEPTION.—A waiver granted pur-
suant to subparagraph (A) shall not apply to
the requirements described under subsection
(h).
‘‘(h) SPECIAL RULE ON SCIENCE STANDARDS AND
ASSESSMENTS.—Notwithstanding subsection (b) and part
D of title IV, no State shall be required to meet the re-
quirements under this title relating to science standards
or assessments until the beginning of the 2005–2006
school year.’’.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) SUBGRANTS.—Section 1112(a)(1) (20 U.S.C.
6312(a)(1)) is amended by striking ‘‘’’ and all that follows
and inserting ‘‘the Individuals with Disabilities Education
Act, the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, the Head Start Act, and other Acts,
as appropriate.’’.
(b) PLAN PROVISIONS.—Section 1112(b) (20 U.S.C.
6312(b)) is amended—
(1) by striking ‘‘Each’’ and inserting ‘‘In order
to help low-achieving children achieve high stand-
ards, each’’;
(2) in paragraph (1)—
(A) by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘title’’; and
(B) in subparagraph (B), by inserting
‘‘low-achieving’’ before ‘‘children’’;
(3) in paragraph (4)—
(A) in subparagraph (A)—
(i) by striking ‘‘program,’’ and insert-
ing ‘‘programs and’’; and
(ii) by striking ‘‘, and school-to-work
transition programs’’; and
(B) in subparagraph (B), by striking
‘‘under part C’’ and all that follows through
‘‘dropping out’’ and inserting ‘‘under part C,
neglected or delinquent youth,’’;
(4) in paragraph (7), by striking ‘‘eligible’’;
(5) in paragraph (9), by striking the period and
inserting a semicolon; and
(6) by adding at the end the following new
paragraphs:
‘‘(10) a description of the actions the local edu-
cational agency will take to assist the low-per-
forming schools served by the local educational agen-
cy, including schools identified under section 1116
as in need of improvement; and
‘‘(11) a description of how the local educational
agency will promote the use of alternative instruc-
tional methods, and extended learning time, such as
an extended school year, before- and after-school
programs, and summer programs.’’.
(c) ASSURANCES.—Section 1112(c) (20 U.S.C.
6312(c)) is amended to read as follows:
‘‘(c) ASSURANCES.—
‘‘(1) IN
GENERAL.—Each local educational
agency plan shall provide assurances that the local
educational agency will—
‘‘(A) specify the steps the local educational
agency will take to ensure that all teachers in
both schoolwide programs and targeted assist-
ance are fully qualified not later than December
31, 2005 and the strategies the local edu-
cational agency will use to ensure that low-in-
come students and minority students are not
taught at higher rates than other children by
inexperienced, uncertified, or out-of-field teach-
ers, and the measures the agency will use to
evaluate and publicly report progress in improv-
ing the quality of instruction in schools served
by the local educational agency and receiving
funding under this Act;
‘‘(B) reserve not less than 10 percent of
the funds the agency receives under this part
for high quality professional development, as
defined in section 1119, for professional in-
struction staff;
‘‘(C) provide eligible schools and parents
with information regarding schoolwide project
authority and the ability of such schools to con-
solidate funds from Federal, State, and local
sources;
‘‘(D) provide technical assistance and sup-
port to schoolwide programs;
‘‘(E) work in consultation with schools as
the schools develop a school plan pursuant to
section 1114(b)(2), and assist schools in imple-
menting such plans or undertaking activities
pursuant to section 1115(c), so that each school
can make adequate yearly progress toward
meeting the challenging State student perform-
ance standards;
‘‘(F) use the disaggregated results of the
student assessments required under section
1111(b)(4), and other measures or indicators
available to the agency, to review annually the
progress of each school served by the agency
and receiving funds under this title to deter-
mine whether or not all schools are making the
annual progress necessary to ensure that all
students will meet the proficient level of per-
formance on the assessments described in sec-
tion 1111(b)(4) within 10 years of the date of
enactment of the Education Reinvestment Act;
‘‘(G) set and hold schools served by the
local educational agency accountable for meet-
ing annual numerical goals for improving the
performance of all groups of students based on
the performance standards set by the State
under section 1111(b)(1)(D)(ii);
‘‘(H) fulfill the local educational agency’s
school improvement responsibilities under sec-
tion 1116, including taking corrective actions
under section 1116(c)(9);
‘‘(I) provide the State educational agency
with—
‘‘(i) an annual, up-to-date, and accu-
rate list of all schools served by the local
educational agency that are eligible for
school improvement and corrective action;
‘‘(ii) the reasons why each school de-
scribed in clause (i) was identified for
school improvement or corrective action;
and
‘‘(iii) the specific plans for improving
student performance in each of the schools
described in clause (i), including the spe-
cific numerical achievement goals for the
succeeding 2 school years, for each group
of 
students 
specified 
in 
section
1111(b)(2)(B)(iv) enrolled in each such
school;
‘‘(J) provide services to eligible children at-
tending private elementary schools and sec-
ondary schools in accordance with section 1120,
and provide timely and meaningful consultation
with private school officials regarding such serv-
ices;
‘‘(K) take into account the experience of
model programs for the educationally disadvan-
taged and the findings of relevant scientifically
based research when developing technical assist-
ance plans for, and delivering technical assist-
ance to, schools served by the local educational
agency that are receiving funds under this part
and are in school improvement or corrective ac-
tion;
‘‘(L) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age of
compulsory school attendance, ensure that such
services comply with the performance standards
established under section 641A(a) of the Head
Start Act;
‘‘(M) comply with the requirements of sec-
tion 1119 regarding the qualifications of teach-
ers and paraprofessionals;
‘‘(N) inform eligible schools served by the
local educational agency of the agency’s author-
ity to obtain waivers on such school’s behalf
under title VIII, and if the State is an Ed-Flex
Partnership State, under the Education Flexi-
bility Partnership Act of 1999; and
‘‘(O) coordinate and collaborate, to the ex-
tent feasible and necessary as determined by
the local educational agency, with other agen-
cies providing services to children, youth, and
their families.
‘‘(2) 
MODEL
PROGRAMS; 
SCIENTIFICALLY
BASED
RESEARCH.—In carrying out paragraph
(1)(K)—
‘‘(A) the Secretary shall consult with the
Secretary of Health and Human Services on the
implementation of such subparagraph, and shall
establish procedures (taking into consideration
existing State and local laws and local teacher
contracts) to assist local educational agencies to
comply with such subparagraph;
‘‘(B) the Secretary shall disseminate to
local educational agencies the Head Start per-
formance standards under section 641A(a) of
the Head Start Act upon such standard’s publi-
cation; and
‘‘(C) local educational agencies affected by
such subparagraph shall plan for the implemen-
tation of such subparagraph (taking into con-
sideration existing State and local laws, and
local teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
‘‘(3) INAPPLICABILITY.—The provisions of this
subsection shall not apply to preschool programs
using the Even Start model or to Even Start pro-
grams.’’.
(d) PLAN DEVELOPMENT AND DURATION.—Section
1112(d) (20 U.S.C. 6312(d)) is amended to read as fol-
lows:
‘‘(d) PLAN DEVELOPMENT AND DURATION.—
‘‘(1) CONSULTATION.—Each local educational
agency plan shall be developed in consultation with
teachers, principals, local school boards, administra-
tors (including administrators of programs described
in other parts of this title), other appropriate school
personnel, and parents of children in elementary
schools and secondary schools served under this
part.
‘‘(2) DURATION.—Each plan described in para-
graph (1) shall remain in effect for the duration of
the local educational agency’s participation under
this part.
‘‘(3) REVIEW.—Each local educational agency
shall periodically review, and as necessary, revise its
plan.’’.
(e) STATE APPROVAL.—Section 1112(e) (20 U.S.C.
6312(e)) is amended to read as follows:
‘‘(e) PEER REVIEW AND STATE APPROVAL.—
‘‘(1) IN
GENERAL.—Each local educational
agency plan shall be filed according to a schedule es-
tablished by the State educational agency.
‘‘(2) APPROVAL.—The State educational agency
shall establish a peer review process to assist in the
review of local educational agency plans. The State
educational agency shall approve a local educational
agency plan only if the State educational agency de-
termines that the local educational agency plan—
‘‘(A) will enable elementary schools and
secondary schools served by the local edu-
cational agency and under this part to help all
groups 
of 
students 
specified 
in 
section
1111(b)(1) meet or exceed the proficient level
of performance on the assessments required
under section 1111(b)(4) within 10 years of the
date of enactment of the Education Reinvest-
ment Act; and
‘‘(B) meets each of the requirements of
this section.
‘‘(3) STATE REVIEW.—Each State educational
agency shall at least annually review each local agen-
cy plan approved under this subsection against the
results of the disaggregated assessments required
under section 1111(b)(4) for each local educational
agency to ensure that the progress of all students in
schools served by each local educational agency
under this part is adequate to ensure that all stu-
dents in the State will meet or exceed the proficient
standard level of performance on assessments within
10 years of the date of enactment of the Education
Reinvestment Act.
‘‘(4) PUBLIC REVIEW.—Each State educational
agency will make publicly available each local edu-
cational agency plan.’’.
SEC. 107. SCHOOLWIDE PROGRAMS.
(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
Section 1114(a) (20 U.S.C. 6314(a)) is amended—
(1) in paragraph (1), by striking ‘‘school de-
scribed in subparagraph (A)’’ and all that follows
through ‘‘such families.’’ the second place it appears
and inserting ‘‘school that serves an eligible school
attendance area in which—
‘‘(A) not less than 40 percent of the chil-
dren are from low-income families; or
‘‘(B) not less than 40 percent of the chil-
dren enrolled in the school are from such fami-
lies.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘sub-
sections (c)(1) and (e) of’’; and
(B) in subparagraph (B), by striking ‘‘sub-
sections (c)(1) and (e) of’’.
(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
Section 1114(b) (20 U.S.C. 6314(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
1111(b)(1)’’ 
and 
inserting 
‘‘section
1111(b)’’;
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘section
1111(b)(1)(D)’’ and inserting ‘‘1111(b)’’;
(ii) in clause (iii)(II), by inserting
‘‘and’’ after the semicolon;
(iii) in clause (iv)(II), by striking ‘‘;
and’’ and inserting a period; and
(iv) by striking clause (vii); and
(C) in subparagraph (G), by striking ‘‘sec-
tion 1112(b)(1)’’ and inserting ‘‘section 1112’’;
and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘Improving America’s
Schools Act of 1994’’ and inserting ‘‘Edu-
cation Reinvestment Act’’;
(ii) by striking ‘‘subsections (c)(1)
and (e) of’’; and
(iii) in clause (iv), by striking ‘‘section
1111(b)(3)’’ 
and 
inserting 
‘‘section
1111(b)(4)’’;
(B) in subparagraph (B), by striking
‘‘paragraphs (1) and (3) of section 1111(b)’’
and inserting ‘‘paragraphs (1) and (4) of sec-
tion 1111(b)’’; and
(C) in subparagraph (C)(i)—
(i) in subclause (I), by striking ‘‘sub-
sections (c) and (e) of’’; and
(ii) in subclause (II), by striking ‘‘Im-
proving America’s Schools Act of 1994’’
and inserting ‘‘Education Reinvestment
Act’’.
SEC. 108. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) is amended to read
as follows:
‘‘SEC. 1115A. SCHOOL CHOICE.
‘‘(a) CHOICE PROGRAMS.—A local educational agen-
cy may use funds under this part, in combination with
State, local, and private funds, to develop and implement
public school choice programs, for children eligible for as-
sistance under this part, that permit parents to select the
public school that their child will attend and are consistent
with State and local law, policy, and practice related to
public school choice and local pupil transfer.
‘‘(b) CHOICE PLAN.—A local educational agency that
chooses to implement a public school choice program
under this section shall first develop a plan that—
‘‘(1) contains an assurance that all eligible stu-
dents across grade levels served under this part will
have equal access to the program;
‘‘(i) is or has been identified as a
school in, or eligible for, school improve-
ment or corrective action;
‘‘(ii) has been in school improvement
or corrective action within the last 2 con-
secutive academic years; or
‘‘(iii) is at risk of being eligible for
school improvement within the next school
year;
‘‘(7) contains an assurance that transportation
services or the costs of transportation to and from
the public school choice program—
‘‘(A) may be provided by the local edu-
cational agency with funds under this part and
from other sources; and
‘‘(B) shall not be provided from funds
made available under this part to the local edu-
cational agency that exceed 10 percent of such
funds; and
‘‘(8) contains an assurance that such local edu-
cational agency will comply with the other require-
ments of this part.’’.
SEC. 109. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT.
(a) LOCAL REVIEW.—Section 1116(a) (20 U.S.C.
6317(a)) is amended—
(1) 
in 
paragraph 
(2), 
by 
striking
‘‘1111(b)(2)(A)(i)’’ and inserting ‘‘1111(b)(2)(B)’’;
(2) in paragraph (3)—
(A) by striking ‘‘individual school perform-
ance profiles’’ and inserting ‘‘school report
cards’’;
(B) by striking ‘‘1111(b)(3)(I)’’ and in-
serting ‘‘1111(b)(4)(I)’’; and
(C) by striking ‘‘and’’ after the semicolon;
(3) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) review the effectiveness of the actions and
activities the schools are carrying out under this
part with respect to parental involvement assisted
under this Act.’’.
(b) SCHOOL IMPROVEMENT.—Section 1116(c) (20
U.S.C. 6317(c)) is amended to read as follows:
‘‘(c) SCHOOL IMPROVEMENT.—
‘‘(1) IN GENERAL.—A local educational agency
shall identify for school improvement any elementary
school or secondary school served under this part
that—
‘‘(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) was in, or was eligible for, school im-
provement status under this section on the day
preceding the date of the enactment of the
Education Reinvestment Act.
‘‘(2) TRANSITION.—The 2-year period described
in paragraph (1)(A) shall include any continuous pe-
riod of time immediately preceding the date of the
enactment of the Education Reinvestment Act dur-
ing which an elementary school or a secondary
school did not make adequate yearly progress as de-
fined in the State’s plan, as such plan was in effect
on the day preceding the date of enactment of the
Education Reinvestment Act.
‘‘(3) TARGETED ASSISTANCE SCHOOLS.—To de-
termine if an elementary school or a secondary
school that is conducting a targeted assistance pro-
gram under section 1115 should be identified as in
need of improvement under this subsection, a local
educational agency may choose to review the
progress of only those students in such school who
are served, or are eligible for services, under this
part.
‘‘(4) OPPORTUNITY TO REVIEW AND PRESENT
EVIDENCE.—(A) Before identifying an elementary
school or a secondary school for school improvement
under paragraph (1), the local educational agency
shall provide the school with an opportunity to re-
view the school level data, including assessment
data, on which the proposed identification is based.
‘‘(B) If the principal of a school proposed for
identification as in need of school improvement be-
lieves that the proposed identification is in error for
statistical or other substantive reasons, the principal
may provide supporting evidence to the local edu-
cational agency, which the agency shall consider be-
fore making a final determination.
‘‘(5) TIME
LIMITS.—Not later than 30 days
after a local educational agency makes its initial de-
termination that a school served by the agency and
receiving assistance under this part is eligible for
school improvement, the local educational agency
shall make public a final determination on the status
of the school.
‘‘(6) NOTIFICATION TO PARENTS.—A local edu-
cational agency shall, in an easily understandable
format, and in the 3 languages, other than English,
spoken by the greatest number of individuals in the
area served by the local educational agency, provide
in writing to parents of each student in an elemen-
tary school or a secondary school identified for
school improvement—
‘‘(A) an explanation of what the school im-
provement identification means, and how the
school identified for improvement compares in
terms of academic performance to other elemen-
tary schools or secondary schools served by the
local educational agency and the State edu-
cational agency;
‘‘(B) the reasons for such identification;
‘‘(C) the data on which such identification
was based;
‘‘(D) an explanation of what the school
identified for improvement is doing to address
the problem of low achievement;
‘‘(E) an explanation of what the local edu-
cational agency or State educational agency is
doing to help the school address its achievement
problems, including the amounts and types of
professional development being provided to the
instructional staff in such school, the amount of
any financial assistance being provided by the
State educational agency under section 1003,
and the activities that are being provided with
such financial assistance;
‘‘(F) an explanation of how parents de-
scribed in this paragraph can become involved
in addressing the academic issues that caused
the school to be identified as in need of im-
provement; and
‘‘(G) an explanation of the right of par-
ents, pursuant to paragraph (7), to transfer
their child to a higher performing public school,
including a public charter school or magnet
school, that is not in school improvement, and
how such transfer shall operate.
‘‘(7) PUBLIC SCHOOL CHOICE OPTION.—
‘‘(A) SCHOOLS IN CORRECTIVE ACTION.—
‘‘(i) SCHOOLS IN CORRECTIVE ACTION
ON OR BEFORE DATE OF ENACTMENT.—In
the case of a school identified for corrective
action on or before the date of enactment
of the Education Reinvestment Act, a local
educational agency shall not later than 18
months after such date of enactment pro-
vide all students enrolled in the school an
option to transfer (consistent with State
and local law, policy, and practices related
to public school choice and local pupil
transfer) to any other higher performing
public school, including a public charter or
magnet school, that—
‘‘(I) has not been identified for
school improvement or corrective ac-
tion;
‘‘(II) is not at risk of being iden-
tified for school improvement or cor-
rective action within the succeeding
academic year; and
‘‘(III) has not been in corrective
action at any time during the 2 pre-
ceding academic years.
‘‘(ii) SCHOOLS
IDENTIFIED
AFTER
DATE OF ENACTMENT.—In the case of a
school identified for corrective action after
the date of enactment of the Education
Reinvestment Act, a local educational
agency shall not later than 12 months
after the date on which a local educational
agency identifies the school for corrective
action provide all students enrolled in the
school with the transfer option described in
clause (i).
‘‘(B) COOPERATIVE
AGREEMENT.—If all
public schools served by the local educational
agency to which a child may transfer under
clause (i) are identified for corrective action,
the local educational agency shall, to the extent
practicable, establish a cooperative agreement
with other local educational agencies that serve
geographic areas in proximity to the geographic
area served by the local educational agency, to
enable a child to transfer (consistent with State
and local law, policy, and practices related to
public school choice and local pupil transfer) to
a school served by such other local educational
agencies that meets the requirements described
in subparagraph (A)(i).
‘‘(C) TRANSPORTATION.—A local edu-
cational agency that serves a school that has
been identified for corrective action shall pro-
vide transportation services or the costs of such
services for children of parents who choose to
transfer their children pursuant to this para-
graph to a different school. Not more than 10
percent of the funds allocated to a local edu-
cational agency under this part may be used to
provide such transportation services or costs of
such services.
‘‘(D) CONTINUATION
OPTION.—Once a
school is no longer identified for or in corrective
action, the local educational agency shall con-
tinue to provide public school choice as an op-
tion to students in such schools for a period of
not less than 2 years.
‘‘(8) SCHOOL PLAN.—(A) Each school identified
under paragraph (1) for school improvement shall,
after being so identified, develop or revise a school
plan, in consultation with parents, school staff, the
local educational agency serving the school, the local
school board, and other outside experts, for approval
by such local educational agency. The school plan
shall—
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core aca-
demic programs in the school and address the
specific academic issues that caused the school
to be identified for school improvement;
‘‘(ii) adopt policies and practices in the
school’s core academic program that have the
greatest likelihood of ensuring that all groups
of 
students 
specified 
in 
section
1111(b)(2)(B)(iv) enrolled in the school will
meet or exceed the State’s proficient level of
performance on the assessment required in sec-
tion 1111(b)(4) within 10 years of the date of
enactment of the Education Reinvestment Act;
‘‘(iii) assure that the school will reserve
not less than 10 percent of the funds made
available to it under this part for each fiscal
year that the school is in school improvement
for the purpose of providing the school’s teach-
ers and principal high quality professional de-
velopment that—
‘‘(I) directly addresses the academic
achievement problem that caused the
school to be identified for school improve-
ment; and
‘‘(II) meets the requirements for pro-
fessional development activities under sec-
tion 1119;
‘‘(iv) specify how the funds described in
clause (iii) will be used to remove the school
from school improvement status;
‘‘(v) establish specific annual, numerical
progress goals for each group of students speci-
fied in section 1111(b)(2)(B)(iv) enrolled in the
school that will ensure that all such groups of
students meet or exceed the State’s proficient
standard level of performance within 10 years
of the date of enactment of the Education Rein-
vestment Act;
‘‘(vi) identify how the school will provide
written notification to parents of each child en-
rolled in such school, in a format and, to the
extent practicable, in a language such parents
can understand; and
‘‘(vii) specify the responsibilities of the
school, the local educational agency, and the
State educational agency serving such school
under the plan.
‘‘(B) The local educational agency described in
subparagraph (A)(vi) may condition approval of a
school plan on inclusion of 1 or more of the correc-
tive actions specified in paragraph (10)(C).
‘‘(C) A school shall implement the school plan
or revised plan expeditiously, but not later than the
beginning of the school year following the school
year in which the school was identified for improve-
ment.
‘‘(D) The local educational agency described in
subparagraph (A)(vi) shall establish a peer review
process to assist with review of a school improve-
ment plan prepared by the school served by the local
educational agency, promptly review the school plan,
work with the school as necessary, and approve the
school plan if the school plan meets the require-
ments of this paragraph.
‘‘(9) TECHNICAL ASSISTANCE.—(A) For each
school identified for school improvement under para-
graph (1), the local educational agency serving the
school shall provide technical assistance as the
school develops and implements its school plan.
‘‘(B) Such technical assistance—
‘‘(i) shall include assistance in analyzing
data from the assessments required under sec-
tion 1111(b)(4), and other samples of student
work, to identify and address instructional
problems and solutions;
‘‘(ii) shall include assistance in identifying
and implementing scientifically based instruc-
tional strategies and methods that have proven
effective in addressing the specific instructional
issues that caused the school to be identified for
school improvement;
‘‘(iii) shall include assistance in analyzing
and revising the school’s budget such that the
school resources are more effectively focused on
those activities most likely to increase student
achievement and to remove the school from
school improvement status;
‘‘(iv) may be provided directly by the local
educational agency, through mechanisms au-
thorized under section 1117, or with the local
educational agency’s approval, by the State edu-
cational agency, an institution of higher edu-
cation in full compliance with all the reporting
provisions of title II of the Higher Education
Act of 1965, a private not-for-profit organiza-
tion or for-profit organization, an educational
service agency, the recipient of a Federal con-
tract or cooperative agreement as described
under section 7005, or other entity with experi-
ence in helping schools improve achievement.
‘‘(C) Technical assistance provided under this
section by a local educational agency or an entity
authorized by such agency shall be based upon sci-
entifically based research.
‘‘(10) CORRECTIVE ACTION.—In order to help
students served under this part meet challenging
State standards, each local educational agency shall
implement a system of corrective action in accord-
ance with the following:
‘‘(A) After providing technical assistance
under paragraph (9) and subject to subpara-
graph (F), the local educational agency—
‘‘(i) may take corrective action at any
time with respect to a school served by the
local educational agency that has been
identified under paragraph (1);
‘‘(ii) shall take corrective action with
respect to any school served by the local
educational agency that fails to make ade-
quate yearly progress, as defined by the
State under section 1111(b)(2)(B), after
the end of the second year following the
school year in which the school was identi-
fied under paragraph (1); and
‘‘(iii) shall continue to provide tech-
nical assistance while instituting any cor-
rective action under clause (i) or (ii).
‘‘(B) As used in this paragraph, the term
‘corrective action’ means action, consistent with
State and local law, that—
‘‘(i) substantially and directly re-
sponds to—
‘‘(I) the consistent academic fail-
ure of a school that caused the local
educational agency to take such ac-
tion; and
‘‘(II) any underlying staffing,
curricula, or other problem in the
school; and
‘‘(ii) is designed to increase substan-
tially the likelihood that students enrolled
in the school subject to corrective action
will perform at the proficient and advanced
performance levels.
‘‘(C) In the case of a school described in
subparagraph (A)(ii), the local educational
agency shall take not less than 1 of the fol-
lowing corrective actions:
‘‘(i) Withhold funds from the school.
‘‘(ii) Make alternative governance ar-
rangements, including reopening the school
as a public charter school.
‘‘(iii) Reconstitute the relevant school
staff.
‘‘(iv)(I) Authorize students to transfer
to other higher performing public schools
served by the local educational agency, in-
cluding public charter and magnet schools.
‘‘(II) Provide such students transpor-
tation services, or the costs of transpor-
tation, to such schools (except that such
funds used to provide transportation serv-
ices or costs of transportation shall not ex-
ceed 10 percent of the amount authorized
under section 1122(a)(2)).
‘‘(III) Take not less than 1 additional
action described under this subparagraph.
‘‘(v) Institute and fully implement a
new curriculum, including appropriate pro-
fessional development for all relevant staff,
that is based upon scientifically based re-
search and offers substantial promise of
improving educational achievement for low-
performing students.
‘‘(D) A local educational agency may delay,
for a period not to exceed 1 year, implementa-
tion of corrective action only if the failure to
make adequate yearly progress was justified
due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a pre-
cipitous and unforeseen decline in the financial
resources of the local educational agency or
school.
‘‘(E) The local educational agency shall
publish and disseminate to the public and to
the parents of each student enrolled in a school
subject to corrective action, in a format and, to
the extent practicable, in a language that the
parents can understand, information regarding
any corrective action the local educational agen-
cy takes under this paragraph through such
means as the Internet, the media, and public
agencies.
‘‘(F)(i) Before taking corrective action
with respect to any school under this para-
graph, a local educational agency shall provide
the school an opportunity to review the school
level data, including assessment data, on which
the proposed determination is made.
‘‘(ii) If the school believes that the pro-
posed determination is in error for statistical or
other substantive reasons, the school principal
may provide supporting evidence to the local
educational agency, which shall consider such
evidence before making a final determination.
‘‘(G) TIME
LIMITS.—Not later than 30
days after the local educational agency makes
its initial determination that a school served by
the local educational agency and receiving as-
sistance under this part is eligible for corrective
action, the local educational agency shall make
a final and public determination on the status
of the school.
‘‘(11) STATE EDUCATIONAL AGENCY RESPON-
SIBILITIES.—If a State educational agency deter-
mines that a local educational agency failed to carry
out its responsibilities under this section, or deter-
mines that, after 1 year of implementation of the
corrective action, such action has not resulted in suf-
ficient progress in increased student performance,
the State educational agency shall take such action
as the agency finds necessary, including designating
a course of corrective action described in paragraph
(10)(C), consistent with this section, to improve the
affected schools and to ensure that the local edu-
cational agency carries out the local educational
agency’s responsibilities under this section.
‘‘(12) SPECIAL
RULES.—Schools that, for at
least 2 of the 3 years following identification under
paragraph (1), make adequate yearly progress to-
ward meeting the State’s proficient and advanced
levels of performance shall no longer be identified
for school improvement.’’.
(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN-
CY IMPROVEMENT.—Section 1116(d) (20 U.S.C. 6317(d))
is amended to read as follows:
‘‘(d) STATE REVIEW
AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.—
‘‘(1) IN GENERAL.—A State educational agency
shall annually review the progress of each local edu-
cational agency within the State receiving funds
under this part to determine whether schools served
by such agencies and receiving assistance under this
part are making adequate yearly progress, as de-
fined in section 1111(b)(2), toward meeting the
State’s student performance standards and to deter-
mine whether each local educational agency is car-
rying out its responsibilities under sections 1116 and
1117.
‘‘(2) IDENTIFICATION OF LOCAL EDUCATIONAL
AGENCY FOR IMPROVEMENT.—A State educational
agency shall identify for improvement any local edu-
cational agency that—
‘‘(A) for 2 consecutive years fails to make
adequate yearly progress as defined in the
State’s plan under section 1111(b)(2); or
‘‘(B) had been identified for, or was eligi-
ble for, improvement under this section as this
section was in effect on the day preceding the
date of enactment of the Education Reinvest-
ment Act.
‘‘(3) TRANSITION.—The 2-year period described
in paragraph (2)(A) shall include any continuous pe-
riod of time immediately preceding the date of the
enactment of the Education Reinvestment Act dur-
ing which a local educational agency did not make
adequate yearly progress as defined in the State’s
plan, as such plan was in effect on the day preceding
the date of the enactment of the Education Rein-
vestment Act.
‘‘(4) TARGETED
ASSISTANCE
SCHOOLS.—For
purposes of targeted assistance schools within a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served under this part.
‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT
EVIDENCE.—(A) Before identifying a local edu-
cational agency for improvement under paragraph
(2), a State educational agency shall provide the
local educational agency with an opportunity to re-
view the local educational agency data, including as-
sessment data, on which the proposed identification
is based.
‘‘(B) If the local educational agency believes
that the proposed identification is in error for statis-
tical or other substantive reasons, the local edu-
cational agency may provide supporting evidence to
the State educational agency, which the State edu-
cational agency shall consider before making a final
determination.
‘‘(6) TIME
LIMITS.—Not later than 45 days
after the State educational agency makes its initial
determination that a local educational agency within
the State and receiving assistance under this part is
eligible for improvement, the State educational agen-
cy shall make public a final determination on the
status of the local educational agency.
‘‘(7) NOTIFICATION TO PARENTS.—The State
educational agency shall promptly notify parents of
each student enrolled in a school served by a local
educational agency identified for improvement, in a
format, and to the extent practicable, in a language
the parents can understand, of the reasons for such
agency’s identification and how parents can partici-
pate in upgrading the quality of the local edu-
cational agency.
‘‘(8) LOCAL
EDUCATIONAL
AGENCY
REVI-
SIONS.—
‘‘(A) IN GENERAL.—Each local educational
agency identified under paragraph (2) shall,
after being so identified, develop or revise a
local educational agency plan, in consultation
with the local school board, parents, teachers,
school staff, and others, for approval by the
State educational agency. Such plan shall—
‘‘(i) incorporate scientifically based re-
search strategies that strengthen the core
academic program in the local educational
agency;
‘‘(ii) identify specific annual numerical
academic achievement objectives in at least
the areas of mathematics and English lan-
guage arts that the local educational agen-
cy will meet, with such objectives being cal-
culated in a manner such that their
achievement will ensure that each group of
students enrolled in each school served by
the local educational agency will meet or
exceed the proficient standard level of per-
formance in assessments required under
section 1111(b)(4) within 10 years of the
date of enactment of the Education Rein-
vestment Act; and
‘‘(iii) assure that the local educational
agency will—
‘‘(I) reserve not less than 10 per-
cent of the funds made available to
the local educational agency under
this part for each fiscal year that the
agency is in improvement for the pur-
pose of providing high quality profes-
sional development to teachers and
principals at schools served by the
agency and receiving funds under this
part that directly address the aca-
demic 
achievement 
problem 
that
caused the local educational agency to
be identified for improvement and
shall be in keeping with the definition
of professional development provided
in section 1119; and
‘‘(II) the improvement plan shall
specify how these funds will be used
to remove the local educational agency
from improvement status;
‘‘(iv) identify how the local edu-
cational agency will provide written notifi-
cation to parents described in paragraph
(7) in a format, and to the extent prac-
ticable in a language, that the parents can
understand, pursuant to paragraph (7);
‘‘(v) specify the responsibilities of the
State educational agency and the local edu-
cational agency under the plan; and
‘‘(vi) include a review of the local edu-
cational agency budget to ensure that re-
sources are focused on those activities that
are most likely to improve student achieve-
ment and to remove the agency from im-
provement status.
‘‘(B) PEER
REVIEW.—The State edu-
cational agency shall establish a peer review
process to assist with the review of the local
educational agency improvement plan, promptly
review the plan, work with the local educational
agency as necessary, and approve the plan if
the plan meets the requirements of this para-
graph.
‘‘(C) DEADLINE FOR IMPLEMENTATION.—
The local educational agency shall implement
the local educational agency plan or revised
plan expeditiously, but not later than the begin-
ning of the school year following the school year
in which the agency was identified for improve-
ment.
‘‘(D) RESOURCES REALLOCATION.—If the
local educational agency budget fails to allocate
resources, 
consistent 
with, 
subparagraph
(A)(iv), the State educational agency may direct
the local educational agency to reallocate re-
sources to more effective activities.
‘‘(9) STATE EDUCATIONAL AGENCY RESPONSI-
BILITY.—For each local educational agency identi-
fied under paragraph (2), the State educational
agency shall provide technical or other assistance, if
requested, as authorized under section 1117, to bet-
ter enable the local educational agency—
‘‘(A) to develop and implement the local
educational agency plan or revised plan as ap-
proved by the State educational agency con-
sistent with the requirements of this section;
and
‘‘(B) to work with schools served by the
local educational agency that are identified for
improvement.
‘‘(10) TECHNICAL ASSISTANCE.—Technical as-
sistance provided by the State educational agency—
‘‘(A) shall include assistance in analyzing
data from the assessments required under sec-
tion 1111(b)(4) to identify and address instruc-
tional problems and solutions;
‘‘(B) shall include assistance in identifying
and implementing scientifically based instruc-
tional strategies and methods that have proven
effective in addressing the specific instructional
issues that caused the local educational agency
to be identified for improvement;
‘‘(C) shall include assistance in analyzing
and revising the local educational agency’s
budget such that the agency’s resources are
more effectively focused on those activities most
likely to increase student achievement and to
remove the agency from improvement status;
and
‘‘(D) may be provided by—
‘‘(i) the State educational agency; or
‘‘(ii) with the local educational agen-
cy’s approval, by an institution of higher
education (in full compliance with all the
reporting provisions of title II of the High-
er Education Act of 1965), a private not-
for-profit or for-profit organization, an
educational service agency, the recipient of
a Federal contract or cooperative agree-
ment as described under section 7005, or
any other entity with experience in helping
schools improve achievement.
‘‘(11) RESOURCES REALLOCATION.—The State
educational agency may, as a condition of providing
the local educational agency with technical assist-
ance and financial support in developing and car-
rying out an improvement plan, require that the
local educational agency reallocate resources away
from ineffective or inefficient activities to activities
that, through scientific research, have proven to
have the greatest impact on increasing student
achievement and closing the achievement gap be-
tween groups of students.
‘‘(12) CORRECTIVE ACTION.—In order to help
students served under this part meet challenging
State standards, each State educational agency shall
implement a system of corrective action in accord-
ance with the following:
‘‘(A) After providing technical assistance
under paragraph (10), and subject to subpara-
graph (D), the State educational agency—
‘‘(i) shall take corrective action with
respect to any local educational agency
that 
fails 
to 
make 
adequate 
yearly
progress, as defined by the State, after the
end of the second year following its identi-
fication under paragraph (2); and
‘‘(ii) shall continue to provide tech-
nical assistance while instituting any cor-
rective action under clause (i) or (ii).
‘‘(B) As used in this paragraph, the term
‘corrective action’ means action, consistent with
State law, that—
‘‘(i) substantially and directly re-
sponds to—
‘‘(I) the consistent academic fail-
ure of schools served by a local edu-
cational agency that caused the State
educational agency to take such action
with respect to the local educational
agency; and
‘‘(II) any underlying staffing,
curricular, or other problem in the
schools served by the local educational
agency; and
‘‘(ii) is designed to meet the goal of
having all students served under this part
perform at the proficient and advanced
performance levels.
‘‘(C) In the case of a local educational
agency described in subparagraph (A)(ii), the
State educational agency shall take not less
than 1 of the following corrective actions:
‘‘(i) Withhold funds from the local
educational agency.
‘‘(ii) Reconstitute the relevant local
educational agency personnel.
‘‘(iii) Remove particular schools from
the area served by the local educational
agency, and establish alternative arrange-
ments for public governance and super-
vision of such schools.
‘‘(iv) Appoint, through the State edu-
cational agency, a receiver or trustee to ad-
minister the affairs of the local educational
agency in place of the local educational
agency’s superintendent and school board.
‘‘(v) Abolish or restructure the local
educational agency.
‘‘(vi)(I) Authorize students to transfer
from a school operated by the local edu-
cational agency to a higher performing
public school, including a public charter or
magnet school, operated by another local
educational agency.
‘‘(II) Provide students described in
subclause (I) transportation services, or
the costs of transportation, not to exceed
10 percent of the funds allocated to a local
educational agency under this part, to such
higher performing schools or public charter
schools.
‘‘(III) Take not less than 1 additional
action described under this subparagraph.
‘‘(D) Prior to implementing any corrective
action, the State educational agency shall pro-
vide notice and an opportunity for a hearing to
the affected local educational agency, if State
law provides for such notice and opportunity.
‘‘(E) Not later than 45 days after the
State educational agency makes its initial deter-
mination that a local educational agency in the
State and receiving assistance under this part is
eligible for improvement, the State educational
agency shall make public a final determination
on the status of the local educational agency.
‘‘(F) The State educational agency shall
publish and disseminate to parents described in
paragraph (7) and the public information re-
garding any corrective action the State edu-
cational agency takes under this paragraph
through such means as the Internet, the media,
and public agencies.
‘‘(G) The State educational agency may
delay, for a period not to exceed 1 year, imple-
mentation of corrective action if the local edu-
cational agency’s failure to make adequate year-
ly progress was justified due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline
in the financial resources of the local edu-
cational agency or schools served by the local
educational agency.’’.
SEC. 110. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read
as follows:
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
‘‘(a) SYSTEM FOR SUPPORT.—Using funds allocated
under section 1003(a)(1), each State educational agency
shall establish a statewide system of intensive and sus-
tained support and improvement for local educational
agencies, elementary schools, and secondary schools re-
ceiving funds under this part, in order to ensure that all
groups of students specified in section 1111 and attending
such schools meet or exceed the proficient standard level
performance on the assessments required by section
1111(b)(4) within 10 years of the date of enactment of
the Education Reinvestment Act.
‘‘(b) PRIORITIES.—In carrying out this section, a
State educational agency shall—
‘‘(1) first, provide support and assistance to
local educational agencies and schools identified as
in need of improvement under section 1116;
‘‘(2) second, provide support and assistance to
local educational agencies subject to corrective action
under section 1116, and assist elementary schools
and secondary schools, in accordance with section
1116(c)(11), for which a local educational agency
has failed to carry out its responsibilities under sec-
tion 1116(c) (9) and (10); and
‘‘(3) third, provide support and assistance to
local educational agencies and schools that are at
risk of being identified as being in need of improve-
ment within the next academic year, participating
under this part.
‘‘(c) APPROACHES.—In order to achieve the purpose
described in subsection (a), each statewide system shall
provide technical assistance and support through ap-
proaches such as—
‘‘(1) school support teams, composed of individ-
uals who are knowledgeable about scientifically
based research, teaching and learning practices, and
particularly about strategies for improving edu-
cational results for low-achieving children; and
‘‘(2) designating and using Distinguished Edu-
cators, who are chosen from schools served under
this part that have been especially successful in im-
proving academic achievement.
‘‘(d) FUNDS.—Each State educational agency—
‘‘(1) shall use funds reserved under section
1003(a)(1), but not used under section 1003(a)(2),
to carry out this section; and
‘‘(2) may use State administrative funds au-
thorized under section 1703(c) to carry out this sec-
tion.
‘‘(e) ALTERNATIVES.—The State educational agency
may—
‘‘(1) devise additional approaches to providing
the technical assistance and support described in
subsection (c), such as providing assistance through
institutions of higher education, educational service
agencies, or other local consortia; and
‘‘(2) seek approval from the Secretary to use
funds under section 1003(a)(2) for such approaches
as part of the State plan.’’.
SEC. 111. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL EDUCATIONAL AGENCY POLICY.—Section
1118(a) (20 U.S.C. 6319(a)) is amended—
(1) in paragraph (1), by striking ‘‘programs,
activities, and procedures’’ and inserting ‘‘activities
and procedures’’;
(2) in paragraph (2), by striking subparagraphs
(E) and (F) and inserting the following:
‘‘(E) conduct, with the involvement of par-
ents, an annual evaluation of the content and
effectiveness of the parental involvement policy
in improving the academic quality of the schools
served under this part;
‘‘(F) involve parents in the activities of the
schools served under this part; and
‘‘(G) promote consumer friendly environ-
ments within the local educational agency and
schools served under this part.’’;
(3) in paragraph (3), by adding at the end the
following new subparagraph:
‘‘(C) Not less than 90 percent of the funds re-
served under subparagraph (A) shall be distributed
to schools served under this part.’’.
(b) 
NOTICE.—Section 
1118(b)(1) 
(20 
U.S.C.
6319(b)(1)) is amended by inserting after the first sen-
tence ‘‘Parents shall be notified of the policy in a format,
and to the extent practicable in a language, that the par-
ents can understand.’’.
(c) PARENTAL INVOLVEMENT.—Section 1118(c)(4)
(20 U.S.C. 6319(c)(4)) is amended—
(1) in subparagraph (B), by striking ‘‘school
performance 
profiles 
required 
under 
section
1116(a)(3)’’ and inserting ‘‘school reports described
under section 4401’’;
(2) by redesignating subparagraphs (D) and
(E) as subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) notice of the school’s designation as
a school in need of improvement under section
1116(b), if applicable, and a clear explanation
of what such designation means;
‘‘(E) notice of corrective action taken
against the school under section 1116(c)(9) and
1116(d)(12), if applicable, and a clear expla-
nation of what such action means;’’; and
(4) in subparagraph (G) (as redesignated by
paragraph (2)), by striking ‘‘subparagraph (D)’’ and
inserting ‘‘subparagraph (F)’’.
(d) BUILDING CAPACITY FOR INVOLVEMENT.—Sec-
tion 1118(e) (20 U.S.C 6319(e)) is amended—
(1) in paragraph (1), by striking ‘‘National
Educational Goals,’’;
(2) by redesignating paragraphs (14) and (15)
as paragraphs (16) and (17), respectively;
(3) by inserting after paragraph (13) the fol-
lowing:
‘‘(14) may establish a district wide parent advi-
sory council to advise on all matters related to pa-
rental involvement in programs supported under this
part;’’; and
(4) by redesignating paragraph (5) as para-
graph (15) and transferring such paragraph to fol-
low paragraph 14 (as redesignated by paragraph
(3));
(5) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) shall expand the use of electronic commu-
nications among teachers, students, and parents,
such as through the use of websites and e-mail com-
munications;’’;
(6) in paragraph (8), by inserting ‘‘, to the ex-
tent practicable, in a language and format the par-
ent can understand’’ before the semicolon; and
(7) in paragraph (15) (as redesignated by para-
graph (4)), by striking ‘‘shall’’ and inserting ‘‘may’’.
(e) ACCESSIBILITY.—Section 1118(f) (20 U.S.C.
6319(f)) is amended by striking ‘‘, including’’ and all that
follows through the period and inserting ‘‘and of parents
of migratory children, including providing information and
school reports required under section 1111 and described
in section 4401 in a language and form such parents un-
derstand.’’.
SEC. 112. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
Title I of the Act (20 U.S.C. 6301 et seq.) is
amended—
(1) by redesignating section 1119 (20 U.S.C.
6320) as section 1119A; and
(2) by inserting after section 1118 the fol-
lowing:
‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS.
‘‘(a) IN GENERAL.—
‘‘(1) PLAN.—Each State educational agency re-
ceiving assistance under this part shall develop and
submit to the Secretary a plan to ensure that all
teachers teaching within the State are fully quali-
fied, as defined in section 2001(1), not later than
December 31, 2005. Such plan shall include an as-
surance that the State educational agency will re-
quire each local educational agency and school re-
ceiving funds under this part publicly to report the
annual progress with respect to the local educational
agency’s and school’s performance in increasing the
percentage of classes in core academic areas taught
by fully qualified teachers.
‘‘(2) SPECIAL
RULE.—Notwithstanding any
other provision of law, the provisions of this section
governing teacher qualifications shall not supersede
State laws governing public charter schools.
‘‘(b) NEW PARAPROFESSIONALS.—Each local edu-
cational agency receiving assistance under this part shall
ensure that each paraprofessional hired after December
31, 2004, and working in a program assisted under this
part—
‘‘(1) has completed at least the number of
courses at an institution of higher education in the
area of elementary education, or in the related sub-
ject area in which the paraprofessional is working,
for a minor degree at such institution;
‘‘(2) has obtained an associate’s (or higher) de-
gree; or
‘‘(3) has met a rigorous standard of quality
that demonstrates, through formal State or local
certification (as established in subsection (h)),—
‘‘(A) knowledge of, and the ability to pro-
vide tutorial assistance in, reading, writing, and
mathematics; or
‘‘(B) knowledge of, and the ability to pro-
vide tutorial assistance in, reading readiness,
writing readiness, and mathematics readiness,
as appropriate.
‘‘(c) EXISTING PARAPROFESSIONALS.—Each local
educational agency receiving assistance under this part
shall ensure that each paraprofessional working in a pro-
gram assisted under this part shall, within 6 years after
the date of enactment of the Education Reinvestment Act,
satisfy the requirements of subsection (b).
‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN-
TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)
shall not apply to a paraprofessional—
‘‘(1) who is proficient in English and a lan-
guage other than English, and who provides services
primarily to enhance the participation of children in
programs under this part by acting as a translator;
or
‘‘(2) whose duties consist solely of conducting
parental involvement activities consistent with sec-
tion 1118 or other school readiness activities that
are noninstructional.
‘‘(e) GENERAL
REQUIREMENT
FOR
ALL
PARA-
PROFESSIONALS.—Each local educational agency receiving
assistance under this part shall ensure that each para-
professional working in a program assisted under this
part, regardless of the paraprofessional’s hiring date, pos-
sesses a secondary school diploma or its recognized equiva-
lent.
‘‘(f) DUTIES OF PARAPROFESSIONALS.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving assistance under this part shall en-
sure that a paraprofessional working in a program
assisted under this part is not assigned a duty in-
consistent with this subsection.
‘‘(2) AUTHORIZED RESPONSIBILITIES.—A para-
professional described in paragraph (1) may be
assigned—
‘‘(A) to provide 1-on-1 tutoring for eligible
students under this part, if the tutoring is
scheduled at a time when the student would not
otherwise receive instruction from a teacher;
‘‘(B) to assist with classroom management,
such as organizing instructional and other ma-
terials;
‘‘(C) to provide assistance in a computer
laboratory;
‘‘(D) to conduct parental involvement ac-
tivities or school readiness activities that are
noninstructional;
‘‘(E) to provide support in a library or
media center;
‘‘(F) to act as a translator;
‘‘(G) to provide assistance with extra cur-
ricular activities which are noninstructional; or
‘‘(H) assist with instructional services to
students.
‘‘(3) LIMITATIONS.—A paraprofessional de-
scribed in paragraph (1)—
‘‘(A) shall not perform the duties of a cer-
tified teacher or a substitute; and
‘‘(B) shall not perform any duty assigned
under paragraph (2) unless under the direct su-
pervision of a fully qualified teacher or other
appropriate professional.
‘‘(g) USES OF FUNDS.—
‘‘(1) PROFESSIONAL DEVELOPMENT.—Notwith-
standing subsection (h)(2), a local educational agen-
cy receiving funds under this part shall use such
funds to support ongoing training and professional
development to assist teachers and paraprofessionals
in satisfying the requirements of this section.
‘‘(2) TRAINING.—Such training and profes-
sional development for paraprofessionals shall—
‘‘(1) include training that is related directly to
skills and knowledge required to meet responsibilities
that a paraprofessional may be assigned;
‘‘(2) provide paraprofessionals the opportunity
to undertake a minimum of 15 hours of ongoing job
related training per year; and
‘‘(3) integrate training provided paraprofes-
sionals with professional development activities for
teachers.
‘‘(h) STATE
CERTIFICATION.—Each State edu-
cational agency receiving assistance under this part
shall—
‘‘(1) ensure that the State educational agency
has in place State criteria for the certification of
paraprofessionals by December 31, 2002; and
‘‘(2) ensure that paraprofessionals hired before
December 31, 2003, are in high-quality professional
development activities that ensure that the para-
professional has the ability to provide tutorial assist-
ance in—
‘‘(A) reading, writing, and mathematics: or
‘‘(B) reading readiness, writing readiness,
and mathematics readiness, as appropriate.
‘‘(i) VERIFICATION OF COMPLIANCE.—
‘‘(1) IN
GENERAL.—In verifying compliance
with this section, each local educational agency, at
a minimum, shall require that the principal of each
elementary school and secondary school operating a
program under section 1114 or 1115 annually attest
in writing as to whether each such school is in com-
pliance with the requirements of this section.
‘‘(2) AVAILABILITY OF INFORMATION.—Copies
of the annual certification described in paragraph
(1)—
‘‘(A) shall be maintained at each elemen-
tary school and secondary school operating a
program under section 1114 or 1115 and at the
main office of the local educational agency; and
‘‘(B) shall be available to any member of
the general public upon request.’’.
SEC. 113. PROFESSIONAL DEVELOPMENT.
Section 1119A (as redesignated by section 112(a)) is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist each local educational agency receiving assistance
under this part in increasing the academic achievement
of 
eligible 
children 
(as 
identified 
under 
section
1115(b)(1)(B)) (in this section referred to as eligible chil-
dren) through improved teacher quality.’’;
(2) in subsection (b)—
(A) by amending paragraph (1) to read as
follows:
‘‘(1) REQUIRED ACTIVITIES.—Each local edu-
cational agency receiving assistance under this part
shall provide professional development activities
under this section that shall—
‘‘(A) give teachers, principals, paraprofes-
sionals, and administrators the knowledge and
skills to provide eligible children with the oppor-
tunity to meet challenging State or local con-
tent standards and student performance stand-
ards;
‘‘(B) support the recruiting, hiring, and
training of fully qualified teachers, including
teachers fully qualified through State and local
alternative routes;
‘‘(C) advance teacher understanding of ef-
fective instructional strategies, based on sci-
entifically based research, for improving eligible
children achievement, at a minimum, in mathe-
matics, science, and English language arts;
‘‘(D) be directly related to the curricula
and content areas in which the teacher provides
instruction;
‘‘(E) be designed to enhance the ability of
a teacher to understand and use the State’s
standards for the subject area in which the
teacher provides instruction;
‘‘(F) be tied to scientifically based research
that demonstrates the effectiveness of such pro-
fessional development activities or programs in
increasing eligible children achievement or sub-
stantially increasing the knowledge and teach-
ing skills of teachers;
‘‘(G) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher’s performance in the
classroom, except that this subparagraph shall
not apply to an activity if such activity is one
component of a long-term comprehensive pro-
fessional development plan established by the
teacher and the teacher’s supervisor based upon
an assessment of their needs, their eligible chil-
dren’s needs, and the needs of the local edu-
cational agency;
‘‘(H) be developed with extensive participa-
tion of teachers, principals, parents, administra-
tors of schools, and local school boards of
schools to be served under this part;
‘‘(I) to the extent appropriate, provide
training for teachers in the use of technology so
that technology and its applications are effec-
tively used in the classroom to improve teaching
and learning in the curricula and academic con-
tent areas in which the teachers provide in-
struction;
‘‘(J) as a whole, be regularly evaluated for
such activities’ impact on increased teacher ef-
fectiveness and improved student achievement,
with the findings of such evaluations used to
improve the quality of professional development;
and
‘‘(K) include strategies for identifying and
eliminating gender and racial bias in instruc-
tional materials, methods, and practices.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting
‘‘and data to inform and instruct class-
room practice’’ before the semicolon;
(ii) by striking subparagraphs (D)
and (G);
(iii) by redesignating subparagraphs
(E), (F), (H), and (I), as subparagraphs
(D), (E), (F) and (G), respectively; and
(iv) by inserting after subparagraph
(G) (as redesignated by clause (iii)) the
following new subparagraph:
‘‘(H) instruction in the ways that teachers,
principals, and guidance counselors can work
with parents and students from groups, such as
females and minorities, that are underrep-
resented in careers in mathematics, science, en-
gineering, and technology, to encourage and
maintain the interest of such students in those
careers.’’;
(3) by striking subsections (f) through (i); and
(4) by adding after subsection (e) the following:
‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided
under this part that are used for professional development
purposes may be consolidated with funds provided under
title II of this Act and other sources.
‘‘(g) DEFINITION.—The term ‘fully qualified’ has the
same meaning given such term in section 2001(1).
‘‘(h) SPECIAL RULE.—
100
‘‘(1) IN GENERAL.—No State educational agen-
cy shall require a local educational agency or ele-
mentary school or secondary school to expend a spe-
cific amount of funds for professional development
activities under this part.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply with respect to requirements under section
1116(d)(9).’’.
SEC. 114. FISCAL REQUIREMENTS.
Section 1120A(a) (20 U.S.C. 6322(a)) is amended by
striking ‘‘section 14501’’ and inserting ‘‘section 8501’’.
SEC. 115. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323) is amended—
(1) in subsection (a), by striking ‘‘to the extent
feasible’’ and all that follows through the period and
inserting ‘‘in coordination with local Head Start
agencies, and if feasible, other early childhood devel-
opment programs.’’;
(2) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end, the following:
101
‘‘(5) linking the educational services provided in
such local educational agency with the services pro-
vided in local Head Start agencies.’’.
SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read
as follows:
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount
appropriated for payments to States for any fiscal year
under section 1002(a), the Secretary shall reserve a total
of 1 percent to provide assistance to—
‘‘(1) the outlying areas in the amount deter-
mined in accordance with subsection (b); and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(d).
‘‘(b) ASSISTANCE TO OUTLYING AREAS.—
‘‘(1) GRANTS AUTHORIZED.—From the amount
made available for a fiscal year under subsection (a),
the Secretary shall award grants to the outlying
areas and freely associated States to carry out the
purposes of this part.
102
‘‘(2) COMPETITIVE GRANTS.—For each of fiscal
years 2000 and 2001, the Secretary shall ensure
that grants are awarded under this subsection on a
competitive basis in accordance with paragraph (3).
‘‘(3) REQUIREMENTS
AND
LIMITATION
FOR
COMPETITIVE GRANTS.—
‘‘(A) RECOMMENDATIONS.—The Secretary
shall award grants under this subsection on the
basis of the recommendations of the Pacific Re-
gion Educational Laboratory in Honolulu, Ha-
waii.
‘‘(B) TERMINATION
OF
ELIGIBILITY.—
Notwithstanding any other provision of law, the
freely associated States shall not be eligible to
receive funds under this part after September
30, 2001.
‘‘(C) ADMINISTRATIVE
COSTS.—The Sec-
retary may provide that not more than 5 per-
cent of the amount reserved for grants under
this subsection will be used to pay the adminis-
trative costs of the Pacific Region Educational
Laboratory for services provided under subpara-
graph (A).
‘‘(4) SPECIAL RULE.—The provisions of Public
Law 95–134 (91 Stat. 1159) that permit the con-
103
solidation of grants by the outlying areas shall not
apply to funds provided to the freely associated
States under this subsection.
‘‘(5) FUNDING.—The amount reserved by the
Secretary to award grants under this subsection
shall not exceed the amount reserved under this sec-
tion (as this section existed on the day prior to the
date of enactment of the Education Reinvestment
Act) for the freely associated States for fiscal year
1999.
‘‘(6) DEFINITIONS.—In this subsection and
subsection (a):
‘‘(A) FREELY ASSOCIATED STATES.—The
term ‘freely associated States’ means the Re-
public of the Marshall Islands, the Federated
States of Micronesia, and the Republic of
Palau.
‘‘(B) OUTLYING
AREA.—The term ‘out-
lying area’ means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands.
‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) IN
GENERAL.—The amount allotted for
payments to the Secretary of the Interior under sub-
104
section (a)(2) for any fiscal year shall be, as deter-
mined pursuant to criteria established by the Sec-
retary, the amount necessary to meet the special
educational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
‘‘(2) PAYMENTS.—From the amount allotted
for payments to the Secretary of the Interior under
subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, upon
such terms as the Secretary determines will best
carry out the purposes of this part, with respect to
out-of-State Indian children described in paragraph
(1). The amount of such payment may not exceed,
for each such child, the greater of—
‘‘(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
105
‘‘(B) 48 percent of such expenditure in the
United States.’’.
SEC. 117. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332) is amended to read
as follows:
‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA-
TION GRANTS, AND TARGETED GRANTS.
‘‘(a) ALLOCATION FORMULA.—
‘‘(1) ALLOCATION TO STATES.—Of the amount
appropriated to carry out this part for each of fiscal
years 2001 through 2005 (each such year, as appro-
priate, shall be referred to in this subsection as the
‘current fiscal year’), the amount to be allocated to
States for a fiscal year based on population data for
local educational agencies in such States, shall be
equal to the sum of—
‘‘(A) an amount equal to the sum of—
‘‘(i) the amount made available to
carry out section 1124 (as such section ex-
isted on the day prior to the date of enact-
ment of the Education Reinvestment Act)
for fiscal year 1999; and
‘‘(ii) 21.25 percent of the amount, if
any, by which the amount appropriated
under section 1002(a) for the current fis-
138
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
‘‘(E) ADMINISTRATIVE
COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
shall provide to the Secretary such information as
the Secretary may require, including the names of
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, and a description of the com-
prehensive school reform model selected and in use.
430
‘‘(1) the development and demonstration of in-
novative strategies for training school personnel,
parents, and members of the community, including
the demonstration of model preservice training pro-
grams for prospective school personnel;
‘‘(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence preven-
tion;
‘‘(3) the provision of information on drug abuse
education and prevention to the Secretary of Health
and Human Services for dissemination by the clear-
inghouse for alcohol and drug abuse information es-
tablished under section 501(d)(16) of the Public
Health Service Act;
‘‘(4) the development of curricula related to
child abuse prevention and education and the train-
ing of personnel to teach child abuse education and
prevention to elementary and secondary school-
children;
‘‘(5) program evaluations in accordance with
section 14701 that address issues not addressed
under section 11117(a);
‘‘(6) direct services to schools and school sys-
tems afflicted with especially severe drug and vio-
lence problems;