I
106TH CONGRESS
2D SESSION
H. R. 4518
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 23, 2000
Mr. DOOLEY of California (for himself and Mr. SMITH of Washington) intro-
duced the following bill; which was referred to the Committee on Edu-
cation 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
‘‘Public Education Reinvestment, Reinvention, and Re-
sponsibility Act (Three R’s)’’.
(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. 102. Findings, policy, and purpose.
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.
Sec. 502. Payments relating to Federal acquisition of real property.
Sec. 503. Payments for eligible federally connected children.
Sec. 504. Maximum amount of basic support payments.
Sec. 505. Basic support payments for heavily impacted local educational agen-
cies.
Sec. 506. Basic support payments for local educational agencies affected by re-
moval of Federal property.
Sec. 507. Additional payments for local educational agencies with high con-
centrations of children with severe disabilities.
Sec. 508. Application for payments under sections 8002 and 8003.
Sec. 509. Payments for sudden and substantial increases in attendance of mili-
tary dependents.
Sec. 510. Construction.
Sec. 511. Federal administration.
Sec. 512. Administrative hearings and judicial review.
Sec. 513. Definitions.
Sec. 514. Authorization of appropriations.
Sec. 515. Effective date.
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.
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) concentrate Federal funding around a small
number of central education goals, including com-
pensatory education for disadvantaged children and
youth, teacher quality and professional development,
programs for limited English proficient students,
public school choice programs, innovative educational
programs, 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;
(5) sanction State educational agencies and
local educational agencies that consistently fail to
meet established benchmarks; and
(6) reward State educational agencies, local
educational agencies, and elementary schools and
secondary schools that demonstrate high perform-
ance.
TITLE I—STUDENT
PERFORMANCE
SEC. 101. HEADING.
The heading for title I (20 U.S.C. 6301 et seq.) is
amended to read as follows:
‘‘TITLE I—STUDENT
PERFORMANCE’’.
SEC. 102. FINDINGS, POLICY, AND PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read
as follows:
‘‘SEC. 1001. FINDINGS, POLICY AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Despite more than 3 decades of Federal
assistance, a sizable achievement gap remains be-
tween low-income and middle-class students.
‘‘(2) The 1994 reauthorization of the Elemen-
tary and Secondary Education Act of 1965 was an
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, by
migrant status, by students with disabil-
ities as compared to nondisabled students
and by economically disadvantaged stu-
dents as compared to students who are not
economically 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 statis-
tically reliable information or the results
would reveal individually identifiable infor-
mation 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 3 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 Public Education Reinvestment, Re-
invention, and Responsibility 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 90 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 90 percent of the schools served by the
local educational agency shall meet the State’s
criteria for adequate yearly progress.
‘‘(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 90
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-
‘‘(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-