in the difference in the quality of schools available 
to rich and poor children. 
(14) Each State Government has ultimate au-
thority in determining every important aspect and 
priority of the public school system that provides ele-
mentary and secondary education to children in the 
State, including whether children throughout the 
State have high access to the opportunity to learn 
indicators described in section 112(a). 
(15) Since 1965, the Congress, in exercising its 
spending authority, has provided substantial Federal 
financial assistance to the States for the improve-
ment of their public school systems. In their expend-
iture and oversight of this assistance, the States 
have failed systematically to achieve the purpose of 
the Congress in providing the assistance, namely the 
effective education of all the children of the United 
States. 
(16) Because a well-educated populace is crit-
ical to the Nation’s political and economic well-being 
and national security, the Federal Government has 
a substantial interest in ensuring that States provide 
a high-quality education by ensuring that all chil-
dren have access to the opportunity to learn indica-
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tors described in section 112(a) to enable the chil-
dren to succeed academically and in life. 
(b) PURPOSES.—The purposes of this Act are the fol-
lowing: 
(1) To further the goals of the No Child Left 
Behind Act of 2001 (Public Law 107–110) and the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) by holding States account-
able for providing all students access to the oppor-
tunity to learn indicators described in section 
112(a). 
(2) To ensure that all students in public ele-
mentary schools and secondary schools receive edu-
cational opportunities that enable the students— 
(A) to acquire the knowledge and skills 
necessary for responsible citizenship, including 
the ability to participate fully in the political 
process through informed electoral choice; 
(B) to meet challenging State student aca-
demic achievement standards; and 
(C) to be able to compete and succeed in 
a global economy. 
(3) To end the pervasive pattern of education-
ally inadequate or inequitable State public school 
systems. 
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TITLE I—EDUCATIONAL OPPOR-
TUNITY 
IN 
STATE 
PUBLIC 
SCHOOL SYSTEMS 
Subtitle A—Access to Educational 
Opportunity 
SEC. 111. ADEQUATE AND EQUITABLE STATE PUBLIC 
SCHOOL SYSTEMS. 
Each State receiving Federal financial assistance for 
elementary or secondary education shall maintain a public 
school system that meets the requirements of section 112 
and provides all students in the State with— 
(1) the educational resources needed to succeed 
academically and in life; and 
(2) an education that enables the students— 
(A) to acquire the knowledge and skills 
necessary for responsible citizenship; 
(B) to participate fully in the political 
process through informed electoral choice; and 
(C) to be able to compete and succeed in 
a global economy. 
SEC. 112. STATE EDUCATIONAL ADEQUACY AND EQUITY 
REQUIREMENTS. 
(a) OPPORTUNITY TO LEARN.—A State shall provide 
for all public schools in the State access, at levels defined 
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by the State under section 113 as ideal or adequate, to 
each of the following opportunity to learn indicators: 
(1) highly effective teachers; 
(2) early childhood education; 
(3) college preparatory curricula; and 
(4) equitable instructional resources. 
(b) 
COMPARABLE
EDUCATIONAL
SERVICES.—A 
State shall provide educational services in local edu-
cational agencies that receive funds under part A of title 
I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) that are, taken as a whole, at 
least comparable to educational services provided in local 
educational agencies not receiving such funds. 
(c) COMPLIANCE WITH COURT ORDERS.—A State 
shall comply with any substantive Federal or State court 
order in any matter concerning the adequacy or equity of 
the State’s public school system, to the extent required 
in the order. 
SEC. 113. STATE-ESTABLISHED STANDARDS FOR OPPOR-
TUNITY TO LEARN. 
(a) ESTABLISHMENT.—In carrying out section 
112(a), each State educational agency, in consultation 
with local educational agencies, teachers, principals, pupil 
services personnel, administrators, other staff, and par-
ents, shall develop standards to describe and measure the 
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extent to which the State provides to the students in each 
public school and local educational agency in the State 
each of the opportunity to learn indicators described in 
section 112(a) in terms of ideal, adequate, and basic levels 
of such access. 
(b) FACTORS FOR CONSIDERATION.—In defining the 
levels of access required under subsection (a), the State 
shall consider, in addition to the factors described in sec-
tion 112(a)— 
(1) the access available to students in schools in 
the highest achieving decile of public elementary 
schools and secondary schools in the State, as deter-
mined on the basis of student performance on state-
wide student academic assessments, including— 
(A) student academic assessments in read-
ing or language arts, mathematics, and science 
under section 1111(b)(3) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(3)); 
(B) national student academic assessments 
of reading and mathematics under the National 
Assessment of Educational Progress carried out 
under section 303(a) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(a)); and 
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(C) State student academic assessments of 
reading and mathematics under the National 
Assessment of Educational Progress carried out 
under section 303(b)(3) of the National Assess-
ment of Educational Progress Authorization 
Act (20 U.S.C. 9622(b)(3)); 
(2) the unique needs of low-income, urban and 
rural, and minority students; and 
(3) other educationally appropriate factors. 
(c) CHALLENGING STANDARDS.—The levels of access 
required under subsection (a) shall be aligned with the 
challenging State academic content and achievement 
standards, and the high-quality academic assessments, re-
quired under the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.). 
(d) SUBMISSION
TO SECRETARY.—A State edu-
cational agency shall submit to the Secretary— 
(1) a description of each of the levels of access 
required under subsection (a); 
(2) a description of the level of access of each 
local educational agency, elementary school, and sec-
ondary school in the State to each of the opportunity 
to learn indicators described in section 112(a), in-
cluding identification of any such schools that do not 
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provide ideal or adequate levels of access (as defined 
under subsection (a)); 
(3) an estimate of the additional cost, if any, of 
ensuring that the public school system meets the re-
quirements of section 112; and 
(4) the information required under subpara-
graphs (B) and (C) of paragraph (1) and paragraph 
(2)(B) of section 131(b). 
(e) PUBLICATION
AND DISSEMINATION
TO PAR-
ENTS.—The State annually shall publish the information 
submitted under subsection (d) and shall disseminate the 
information to the public and the parents of children at-
tending (or who may attend) public schools in the State, 
in an understandable and uniform format and, to the ex-
tent practicable, in a language that the parents can under-
stand, through such means as the Internet, the media, and 
public agencies. 
Subtitle B—State Accountability 
SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE 
AND INEQUITABLE STATE PUBLIC SCHOOL 
SYSTEMS. 
(a) ANNUAL DETERMINATION BY SECRETARY.—Be-
ginning not later than October 1 of the first full school 
year after the date of enactment of this Act, the Secretary 
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shall annually determine whether each State meets each 
of the requirements of section 112. 
(b) PUBLICATION BY SECRETARY.—The Secretary 
shall publish and make available to the general public (in-
cluding by means of the Internet) the determinations 
under subsection (a). 
SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF 
EDUCATIONAL OPPORTUNITY. 
(a) STATE REMEDIATION PLAN.—A State deter-
mined under section 121 not to meet the requirements of 
section 112 shall develop and submit to the Secretary, by 
not later than 1 year after the determination, a remedi-
ation plan (which the State may amend to improve the 
plan or to take into account significantly changed cir-
cumstances), as follows: 
(1) LONG-TERM REMEDIATION FOR ACCESS TO 
OPPORTUNITY TO LEARN INDICATORS.—If the State 
is determined not to meet the requirements under 
section 112(a) (relating to access to the opportunity 
to learn indicators), the plan shall provide for the 
following: 
(A) A description of the actions the State 
will take to meet the requirements of section 
112(a), by not later than 12 years after the end 
of the 2015–2016 school year, to provide ideal 
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or adequate access (as defined by the State 
under section 113) to the opportunity to learn 
indicators for each public school in the State. 
(B) A timeline for improvement that in-
cludes annual interim goals for increasing the 
number of public schools and local educational 
agencies in the State that have ideal or ade-
quate levels of access (as defined by the State 
under section 113) to each of the opportunity 
to learn indicators, in order to achieve the re-
quired levels of access within the time described 
in subparagraph (A). 
(C) Implementation of a single, statewide 
accountability system to ensure that the State 
achieves the interim goals described in subpara-
graph (B). 
(2) TWO-YEAR REMEDIATION FOR COMPARABLE 
EDUCATIONAL
SERVICES.—If the State is deter-
mined not to meet the requirements of section 
112(b) (relating to comparable educational services), 
the plan shall describe the actions the State will take 
to meet the requirements of such section by not later 
than 2 school years after submission of the plan. 
(b) DISAPPROVAL OF PLAN.—The Secretary may dis-
approve a plan (or amendment) submitted under sub-
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section (a) that the Secretary determines does not meet 
the requirements of such subsection. 
SEC. 123. CONSEQUENCES OF NONREMEDIATION. 
(a) FAILURE TO MEET ANNUAL INTERIM ACCESS 
GOALS.—Notwithstanding any other provision of law and 
in addition to any other consequence under this section, 
the Secretary shall withhold 2.75 percent of any funds 
otherwise available to a State (or a State educational 
agency) for administration of Federal elementary and sec-
ondary education programs for each annual interim goal 
established under section 122(a)(1)(B) for a fiscal year, 
or a prior fiscal year, that the Secretary determines the 
State fails to meet. 
(b) CONTINUING
FAILURE
TO
PROVIDE
COM-
PARABLE
EDUCATIONAL
SERVICES.—Notwithstanding 
any other provision of law and in addition to any other 
consequence under this section, the Secretary shall with-
hold from a State determined by the Secretary to continue 
to fail to meet the requirements of section 112(b) (relating 
to comparable educational services) at the end of the sec-
ond school year after a plan is required to be submitted 
under section 122, up to 331⁄3 percent of funds otherwise 
available to the State for administration of Federal ele-
mentary and secondary education programs. 
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(c) NONCOMPLIANCE WITH COURT ORDERS.—Not-
withstanding any other provision of law and in addition 
to any other consequence under this section, the Secretary 
shall withhold from a State determined by the Secretary 
to fail to meet the requirements of section 112(c) (relating 
to compliance with court orders) up to 331⁄3 percent of 
funds otherwise available to the State for the administra-
tion of Federal elementary and secondary education pro-
grams. 
(d) DISPOSITION OF WITHHELD FUNDS.—For each 
State from which funds are withheld under this section, 
the Secretary shall make a determination whether the 
State, by not later than 1 year after a determination under 
subsection (a), (b), or (c), has corrected the condition lead-
ing to a withholding of funds and shall distribute withheld 
funds as follows: 
(1) If the State corrects a condition leading to 
a withholding of funds, the Secretary shall make the 
applicable withheld funds available to the State (or 
State educational agency). 
(2) If the State fails to correct a condition lead-
ing to a withholding of funds, the Secretary shall al-
locate the applicable withheld funds to public schools 
or local educational agencies affected by the State’s 
failure to make adequate remediation, for the pur-
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