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US (United States) Code. Title 20. Chapter 70: Strengthening and improvement

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-CITE-

20 USC CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF

ELEMENTARY AND SECONDARY SCHOOLS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

-HEAD-

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

-MISC1-

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Sec.

6301. Statement of purpose.

6302. Authorization of appropriations.

(a) Local educational agency grants.

(b) Reading first.

(d) Prevention and intervention programs for youth

who are neglected, delinquent, or at risk.

(e) Federal activities.

(f) Comprehensive school reform.

(g) Advanced placement.

(h) School dropout prevention.

(i) School improvement.

6303. School improvement.

(a) State reservations.

(b) Uses.

(d) Unused funds.

(e) Special rule.

(f) Reporting.

(g) Assistance for local school improvement.

6304. State administration.

(a) In general.

(b) Exception.

PART A - IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

SUBPART 1 - BASIC PROGRAM REQUIREMENTS

6311. State plans.

(a) Plans required.

(b) Academic standards, academic assessments, and

accountability.

learning.

(d) Parental involvement.

(e) Peer review and Secretarial approval.

(f) Duration of the plan.

(g) Penalties.

(h) Reports.

(i) Privacy.

(j) Technical assistance.

(k) Voluntary partnerships.

(l) Construction.

(m) Special rule with respect to Bureau-funded

schools.

6312. Local educational agency plans.

(a) Plans required.

(b) Plan provisions.

(d) Plan development and duration.

(e) State approval.

(f) Program responsibility.

(g) Parental notification.

6313. Eligible school attendance areas.

(a) Determination.

(b) Local educational agency discretion.

6314. Schoolwide programs.

(a) Use of funds for schoolwide programs.

(b) Components of a schoolwide program.

6315. Targeted assistance schools.

(a) In general.

(b) Eligible children.

program.

(d) Integration of professional development.

(e) Special rules.

6316. Academic assessment and local educational agency and school

improvement.

(a) Local review.

(b) School improvement.

improvement.

(d) Construction.

(e) Supplemental educational services.

(f) Schools and LEAs previously identified for

improvement or corrective action.

(g) Schools funded by the Bureau of Indian Affairs.

(h) Other agencies.

6317. School support and recognition.

(a) System for support.

(b) State recognition.

6318. Parental involvement.

(a) Local educational agency policy.

(b) School parental involvement policy.

(d) Shared responsibilities for high student academic

achievement.

(e) Building capacity for involvement.

(f) Accessibility.

(g) Information from parental information and

resource centers.

(h) Review.

6319. Qualifications for teachers and paraprofessionals.

(a) Teacher qualifications and measurable objectives.

(b) Reports.

(d) Existing paraprofessionals.

(e) Exceptions for translation and parental

involvement activities.

(f) General requirement for all paraprofessionals.

(g) Duties of paraprofessionals.

(h) Use of funds.

(i) Verification of compliance.

(j) Combinations of funds.

(k) Special rule.

(l) Minimum expenditures.

6320. Participation of children enrolled in private schools.

(a) General requirement.

(b) Consultation.

school students.

(d) Public control of funds.

(e) Standards for a bypass.

6321. Fiscal requirements.

(a) Maintenance of effort.

(b) Federal funds to supplement, not supplant,

non-Federal funds.

(d) Exclusion of funds.

6322. Coordination requirements.

(a) In general.

(b) Activities.

SUBPART 2 - ALLOCATIONS

6331. Grants for the outlying areas and the Secretary of the

Interior.

(a) Reservation of funds.

(b) Assistance to outlying areas.

(d) Allotment to the Secretary of the Interior.

6332. Allocations to States.

(a) Allocation formula.

(b) Adjustments where necessitated by appropriations.

(d) Ratable reductions.

(e) Definition.

6333. Basic grants to local educational agencies.

(a) Amount of grants.

(b) Minimum number of children to qualify.

(d) State minimum.

6334. Concentration grants to local educational agencies.

(a) Eligibility for and amount of grants.

(b) Small States.

6335. Targeted grants to local educational agencies.

(a) Eligibility of local educational agencies.

(b) Grants for local educational agencies, the

District of Columbia, and the Commonwealth of

Puerto Rico.

(d) Calculation of grant amounts.

(e) State minimum.

6336. Adequacy of funding of targeted grants to local educational

agencies in fiscal years after fiscal year 2001.

(a) Findings.

(b) Limitation on allocation of subchapter I funds

contingent on adequate funding of targeted

grants.

6337. Education finance incentive grant program.

(a) Grants.

(b) Distribution based upon fiscal effort and equity.

agencies.

(d) Allocation of funds to eligible local educational

agencies.

(e) Maintenance of effort.

(f) Authorization of appropriations.

(g) Adjustments where necessitated by appropriations.

6338. Special allocation procedures.

(a) Allocations for neglected children.

(b) Allocations among local educational agencies.

6339. Carryover and waiver.

(a) Limitation on carryover.

(b) Waiver.

PART B - STUDENT READING SKILLS IMPROVEMENT GRANTS

SUBPART 1 - READING FIRST

6361. Purposes.

6362. Formula grants to State educational agencies.

(a) In general.

(b) Determination of amount of allotments.

(d) State uses of funds.

(e) Review.

(f) Funds not used for State level activities.

6363. State formula grant applications.

(a) Applications.

(b) Contents.

(d) Reading and literacy partnerships.

6364. Targeted assistance grants.

(a) Eligibility criteria for awarding targeted

assistance grants to States.

(b) Continuation of performance awards.

(d) Subgrants to eligible local educational agencies.

6365. External evaluation.

(a) In general.

(b) Process.

(d) Program improvement.

6366. National activities.

6367. Information dissemination.

(a) In general.

(b) Dissemination and coordination.

(d) National Institute for Literacy.

6368. Definitions.

SUBPART 2 - EARLY READING FIRST

6371. Purposes; definitions.

(a) Purposes.

(b) Definitions.

6372. Local early reading first grants.

(a) Program authorized.

(b) Applications.

(d) Authorized activities.

(e) Award amounts.

6373. Federal administration.

6374. Information dissemination.

6375. Reporting requirements.

6376. Evaluation.

(a) In general.

(b) Reports.

SUBPART 3 - WILLIAM F. GOODLING EVEN START FAMILY LITERACY PROGRAMS

6381. Statement of purpose.

6381a. Program authorized.

(a) Reservation for migrant programs, outlying Areas,

and Indian tribes.

(b) Reservation for Federal activities.

(d) State educational agency allocation.

(e) Definitions.

6381b. State educational agency programs.

(a) State educational agency level activities.

(b) Subgrants for local programs.

6381c. Uses of funds.

(a) In general.

(b) Federal share limitation.

6381d. Program elements.

6381e. Eligible participants.

(a) In general.

(b) Eligibility for certain other participants.

6381f. Applications.

(a) Submission.

(b) Required documentation.

(d) Consolidated application.

6381g. Award of subgrants.

(a) Selection process.

(b) Duration.

6381h. Evaluation.

6381i. Indicators of program quality.

6381j. Research.

(a) In general.

(b) Scientifically based research on family literacy.

6381k. Construction.

SUBPART 4 - IMPROVING LITERACY THROUGH SCHOOL LIBRARIES

6383. Improving literacy through school libraries.

(a) Purposes.

(b) Reservation.

(d) State grants.

(e) Direct competitive grants to eligible local

educational agencies.

(f) Applications.

(g) Local activities.

(h) Accountability and reporting.

(i) Supplement, not supplant.

(j) National activities.

PART C - EDUCATION OF MIGRATORY CHILDREN

6391. Program purpose.

6392. Program authorized.

6393. State allocations.

(a) State allocations.

(b) Allocation to Puerto Rico.

(d) Consortium arrangements.

(e) Determining numbers of eligible children.

6394. State applications; services.

(a) Application required.

(b) Program information.

(d) Priority for services.

(e) Continuation of services.

6395. Secretarial approval; peer review.

(a) Secretarial approval.

(b) Peer review.

6396. Comprehensive needs assessment and service-delivery plan;

authorized activities.

(a) Comprehensive plan.

(b) Authorized activities.

6397. Bypass.

6398. Coordination of migrant education activities.

(a) Improvement of coordination.

(b) Student records.

(d) Incentive grants.

(e) Data collection.

6399. Definitions.

PART D - PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

6421. Purpose and program authorization.

(a) Purpose.

(b) Program authorized.

6422. Payments for programs under this part.

(a) Agency subgrants.

(b) Local subgrants.

SUBPART 1 - STATE AGENCY PROGRAMS

6431. Eligibility.

6432. Allocation of funds.

(a) Subgrants to State agencies.

(b) Subgrants to State agencies in Puerto Rico.

appropriations.

6433. State reallocation of funds.

6434. State plan and State agency applications.

(a) State plan.

(b) Secretarial approval and peer review.

6435. Use of funds.

(a) Uses.

(b) Supplement, not supplant.

6436. Institution-wide projects.

6437. Three-year programs or projects.

6438. Transition services.

(a) Transition services.

(b) Conduct of projects.

6439. Evaluation; technical assistance; annual model program.

SUBPART 2 - LOCAL AGENCY PROGRAMS

6451. Purpose.

6452. Programs operated by local educational agencies.

(a) Local subgrants.

(b) Special rule.

(d) Transitional and academic services.

6453. Local educational agency applications.

6454. Uses of funds.

6455. Program requirements for correctional facilities receiving

funds under this section.

6456. Accountability.

SUBPART 3 - GENERAL PROVISIONS

6471. Program evaluations.

(a) Scope of evaluation.

(b) Exception.

(d) Evaluation results.

6472. Definitions.

PART E - NATIONAL ASSESSMENT OF SUBCHAPTER I

6491. Evaluations.

(a) National assessment of subchapter I.

(b) Studies and data collection.

(d) Independent Review Panel.

6492. Demonstrations of innovative practices.

(a) In general.

(b) Evaluation.

6493. Assessment evaluation.

(a) In general.

(b) Contract authorized.

(d) Components of the research program.

(e) Reporting.

(f) Reservation of funds.

6494. Close Up fellowship program.

(a) Program for middle school and secondary school

students.

(b) Program for middle school and secondary school

teachers.

(d) General provisions.

PART F - COMPREHENSIVE SCHOOL REFORM

6511. Purpose.

6512. Program authorization.

(a) Program authorized.

6513. State applications.

(a) In general.

(b) Contents.

6514. State use of funds.

(a) In general.

(b) Subgrant requirements.

(d) Grant consideration.

(e) Administrative costs.

(f) Supplement.

(g) Reporting.

6515. Local applications.

(a) In general.

(b) Contents.

6516. Local use of funds.

(a) Uses of funds.

(b) Special rule.

6517. Evaluation and reports.

(a) In general.

(b) Evaluation.

6518. Quality initiatives.

PART G - ADVANCED PLACEMENT PROGRAMS

6531. Short title.

6532. Purposes.

6533. Funding distribution rule.

6534. Advanced placement test fee program.

(a) Grants authorized.

(b) Award basis.

(d) Applications.

(e) Regulations.

(f) Report.

(g) BIA as SEA.

6535. Advanced placement incentive program grants.

(a) Grants authorized.

(b) Application.

(d) Authorized activities.

(e) Contracts.

(f) Data collection and reporting.

6536. Supplement, not supplant.

6537. Definitions.

PART H - SCHOOL DROPOUT PREVENTION

6551. Short title.

6552. Purpose.

6553. Authorization of appropriations.

SUBPART 1 - COORDINATED NATIONAL STRATEGY

6555. National activities.

(a) In general.

(b) Recognition program.

(d) Support for existing reform networks.

SUBPART 2 - SCHOOL DROPOUT PREVENTION INITIATIVE

6561. Definitions.

6561a. Program authorized.

(a) Grants to State educational agencies and local

educational agencies.

(b) Subgrants to local educational agencies.

6561b. Applications.

(a) In general.

(b) Contents.

6561c. State reservation.

6561d. Strategies and capacity building.

6561e. Selection of local educational agencies for subgrants.

(a) State educational agency review and award.

(b) Eligibility.

6561f. Community based organizations.

6561g. Technical assistance.

6561h. School dropout rate calculation.

6561i. Reporting and accountability.

(a) Local educational agency reports.

(b) State report on program activities.

PART I - GENERAL PROVISIONS

6571. Federal regulations.

(a) In general.

(b) Negotiated rulemaking process.

6572. Agreements and records.

(a) Agreements.

(b) Records.

6573. State administration.

(a) Rulemaking.

(b) Committee of practitioners.

6574. Local educational agency spending audits.

(a) Audits.

(b) Report.

6575. Prohibition against Federal mandates, direction, or control.

6576. Rule of construction on equalized spending.

6577. State report on dropout data.

6578. Regulations for sections 6311 and 6316.

SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

PART A - TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

6601. Purpose.

6602. Definitions.

6603. Authorizations of appropriations.

(a) Grants to States, local educational agencies, and

eligible partnerships.

(b) National programs.

SUBPART 1 - GRANTS TO STATES

6611. Allotments to States.

(a) In general.

(b) Determination of allotments.

6612. State applications.

(a) In general.

(b) Contents.

(d) Disapproval.

(e) Notification.

(f) Response.

(g) Failure to respond.

6613. State use of funds.

(a) In general.

(b) Special rule.

(d) Administrative costs.

(e) Coordination.

(f) Supplement, not supplant.

SUBPART 2 - SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES

6621. Allocations to local educational agencies.

(a) Subgrants to local educational agencies.

6622. Local applications and needs assessment.

(a) In general.

(b) Contents.

6623. Local use of funds.

(a) In general.

(b) Supplement, not supplant.

SUBPART 3 - SUBGRANTS TO ELIGIBLE PARTNERSHIPS

6631. Definitions.

6632. Subgrants.

(a) In general.

(b) Distribution.

6633. Applications.

6634. Use of funds.

(a) In general.

(b) Coordination.

SUBPART 4 - ACCOUNTABILITY

6641. Technical assistance and accountability.

(a) Improvement plan.

(b) Technical assistance.

(d) Special rule.

SUBPART 5 - NATIONAL ACTIVITIES

6651. National activities of demonstrated effectiveness.

(a) National teacher recruitment campaign.

(b) School leadership.

(d) Special education teacher training.

(e) Early childhood educator professional

development.

(f) Teacher mobility.

PART B - MATHEMATICS AND SCIENCE PARTNERSHIPS

6661. Purpose; definitions.

(a) Purpose.

(b) Definitions.

6662. Grants for mathematics and science partnerships.

(a) Grants authorized.

(b) Application requirements.

(d) Coordination and consultation.

(e) Evaluation and accountability plan.

(f) Report.

6663. Authorization of appropriations.

PART C - INNOVATION FOR TEACHER QUALITY

SUBPART 1 - TRANSITIONS TO TEACHING

DIVISION A - TROOPS-TO-TEACHERS PROGRAM

6671. Definitions.

6672. Authorization of Troops-to-Teachers Program.

(a) Purpose.

(b) Program authorized.

(d) Information regarding Program.

(e) Placement assistance and referral services.

6673. Recruitment and selection of program participants.

(a) Eligible members.

(b) Submission of applications.

(d) Selection priorities.

(e) Other conditions on selection.

6674. Participation agreement and financial assistance.

(a) Participation agreement.

(b) Violation of participation agreement; exceptions.

(d) Bonus for participants.

(e) Treatment of stipend and bonus.

(f) Reimbursement under certain circumstances.

(g) Relationship to educational assistance under

Montgomery GI Bill.

6675. Participation by States.

(a) Discharge of State activities through consortia

of States.

(b) Assistance to States.

6676. Support of innovative preretirement teacher certification

programs.

(a) Purpose.

(b) Development, implementation and demonstration.

(d) Application procedures.

(e) Continuation of programs.

(f) Funding limitation.

6677. Reporting requirements.

(a) Report required.

(b) Elements of report.

DIVISION B - TRANSITION TO TEACHING PROGRAM

6681. Purposes.

6682. Definitions.

6683. Grant program.

(a) In general.

(b) Eligible entity.

(d) Application.

(e) Duration of grants.

(f) Equitable distribution.

(g) Uses of funds.

(h) Requirements.

(i) Period of service.

(j) Repayment

(k) Administrative funds.

6684. Evaluation and accountability for recruiting and retaining

teachers.

(a) Evaluation.

(b) Contents.

(d) Revocation.

DIVISION C - GENERAL PROVISIONS

6691. Authorization of appropriations.

(a) In general.

(b) Reservation.

SUBPART 2 - NATIONAL WRITING PROJECT

6701. Purposes.

6702. National Writing Project.

(a) Authorization.

(b) Requirements of grant.

(d) Federal share.

(e) National Advisory Board.

(f) Evaluation.

(g) Application review.

(h) Authorization of appropriations.

SUBPART 3 - CIVIC EDUCATION

6711. Short title.

6712. Purpose.

6713. General authority.

(a) Authority.

(b) Distribution for cooperative civic education and

economic education exchange programs.

6714. We the People program.

(a) The Citizen and the Constitution.

(b) Project Citizen.

6715. Cooperative civic education and economic education exchange

programs.

(a) Cooperative education exchange programs.

(b) Purpose.

(d) Participants.

(e) Consultation.

(f) Avoidance of duplication.

(g) Eligible country defined.

6716. Authorization of appropriations.

SUBPART 4 - TEACHING OF TRADITIONAL AMERICAN HISTORY

6721. Establishment of program.

(a) In general.

(b) Required partnership.

6722. Authorization of appropriations.

SUBPART 5 - TEACHER LIABILITY PROTECTION

6731. Short title.

6732. Purpose.

6733. Definitions.

6734. Applicability.

6735. Preemption and election of State nonapplicability.

(a) Preemption.

(b) Election of State regarding nonapplicability.

6736. Limitation on liability for teachers.

(a) Liability protection for teachers.

(b) Exceptions to teacher liability protection.

actions of teachers.

(d) Exceptions to limitations on liability.

(e) Rules of construction.

6737. Allocation of responsibility for noneconomic loss.

(a) General rule.

(b) Amount of liability.

6738. Effective date.

(a) In general.

(b) Application.

PART D - ENHANCING EDUCATION THROUGH TECHNOLOGY

6751. Short title.

6752. Purposes and goals.

(a) Purposes.

(b) Goals.

6753. Definitions.

6754. Authorization of appropriations.

(a) In general.

(b) Allocation of funds between State and local and

national initiatives.

(d) Limitation.

SUBPART 1 - STATE AND LOCAL TECHNOLOGY GRANTS

6761. Allotment and reallotment.

(a) Reservations and allotment.

(b) Minimum allotment.

(d) State educational agency defined.

6762. Use of allotment by State.

(a) In general.

(b) Sufficient amounts.

(d) Technical assistance.

6763. State applications.

(a) In general.

(b) Contents.

(d) Disapproval.

(e) Notification.

(f) Response.

(g) Failure to respond.

6764. Local applications.

(a) In general.

(b) Contents.

(d) Special rule.

6765. State activities.

6766. Local activities.

(a) Professional development.

(b) Other activities.

SUBPART 2 - NATIONAL TECHNOLOGY ACTIVITIES

6771. National activities.

(a) Study.

(b) Dissemination.

6772. National education technology plan.

(a) In general.

(b) Contents.

SUBPART 3 - READY-TO-LEARN TELEVISION

6775. Ready-to-Learn Television.

(a) Program authorized.

(b) Applications.

(d) Administrative costs.

(e) Authorization of appropriations.

SUBPART 4 - LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS

6777. Internet safety.

(a) In general.

(b) Timing and applicability of implementation.

(d) Noncompliance.

(e) Definitions.

(f) Severability.

SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

6801. Authorizations of appropriations; condition on effectiveness

of parts.

(a) Authorizations of appropriations.

(b) Conditions on effectiveness of parts A and B.

PART A - ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

6811. Short title.

6812. Purposes.

SUBPART 1 - GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

6821. Formula grants to States.

(a) In general.

(b) Use of funds.

6822. Native American and Alaska Native children in school.

(a) Eligible entities.

(b) Submission of applications for assistance.

6823. State and specially qualified agency plans.

(a) Plan required.

(b) Contents.

(d) Duration of plan.

(e) Consolidated plan.

(f) Secretary assistance.

6824. Within-State allocations.

(a) In general.

(b) Limitation.

(d) Required reservation.

6825. Subgrants to eligible entities.

(a) Purposes of subgrants.

(b) Administrative expenses.

(d) Authorized subgrantee activities.

(e) Activities by agencies experiencing substantial

increases in immigrant children and youth.

(f) Selection of method of instruction.

(g) Supplement, not supplant.

6826. Local plans.

(a) Plan required.

(b) Contents.

(d) Other requirements for approval.

SUBPART 2 - ACCOUNTABILITY AND ADMINISTRATION

6841. Evaluations.

(a) In general.

(b) Use of evaluation.

(d) Evaluation measures.

(e) Special rule for specially qualified agencies.

6842. Achievement objectives and accountability.

(a) Achievement objectives.

(b) Accountability.

6843. Reporting requirements.

(a) States.

(b) Secretary.

6844. Coordination with related programs.

6845. Rules of construction.

6846. Legal authority under State law.

6847. Civil rights.

6848. Programs for Native Americans and Puerto Rico.

6849. Prohibition.

SUBPART 3 - NATIONAL ACTIVITIES

6861. National professional development project.

SUBPART 4 - DEFINITIONS

6871. Eligible entity.

PART B - IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

6891. Short title.

6892. Purpose.

6893. Native American children in school.

(a) Eligible entities.

(b) Application.

6894. Residents of the territories and freely associated states

SUBPART 1 - PROGRAM DEVELOPMENT AND ENHANCEMENT

6911. Financial assistance for language instruction educational

programs.

6912. Program enhancement activities.

(a) Program authorized.

(b) Priority.

6913. Comprehensive school and systemwide improvement activities.

(a) Program authorized.

(b) Availability of appropriations.

(d) Eligible entities.

6914. Applications.

(a) In general.

(b) State review and comments.

(d) Comment consideration.

(e) Waiver.

(f) Required documentation.

(g) Contents.

(h) Approval of applications.

(i) Consideration.

6915. Capacity building.

6916. Programs for Native Americans and Puerto Rico.

6917. Evaluations.

(a) Evaluation.

(b) Use of evaluation.

6918. Construction.

SUBPART 2 - RESEARCH, EVALUATION, AND DISSEMINATION

6931. Authority.

(a) In general.

(b) Competitive awards.

6932. Research.

(a) Administration.

(b) Requirements.

(d) Consultation.

(e) Data collection.

6933. Academic excellence awards.

(a) Authority.

(b) Applications.

6934. State grant program.

(a) State grant program.

(b) Payments.

(d) State consultation.

(e) Applications.

(f) Supplement, not supplant.

(g) Report to the Secretary.

6935. Instruction materials development.

(a) In general.

(b) Priority.

SUBPART 3 - PROFESSIONAL DEVELOPMENT

6951. Professional development grants.

(a) Purpose.

(b) Authorization.

(d) Application.

(e) Priorities in awarding grants.

(f) Program evaluations.

SUBPART 4 - EMERGENCY IMMIGRANT EDUCATION PROGRAM

6961. Purpose.

6962. State administrative costs.

6963. Withholding.

6964. State allotments.

(a) Payments.

(b) Allotments.

(d) Reallotment.

(e) Reservation of funds.

6965. State applications.

(a) Submission.

(b) Application review.

6966. Administrative provisions.

(a) Notification of amount.

(b) Services to immigrant children and youth enrolled

in nonpublic schools.

6967. Uses of funds.

(a) Use of funds.

(b) Consortia.

(d) Construction.

6968. Reports.

(a) Biennial report.

(b) Report to Congress.

SUBPART 5 - ADMINISTRATION

6981. Release time.

6982. Notification.

6983. Coordination and reporting requirements.

(a) Coordination with related programs.

(b) Data.

(d) Report.

PART C - GENERAL PROVISIONS

7011. Definitions.

7012. Parental notification.

(a) In general.

(b) Separate notification.

(d) Special rule applicable during school year.

(e) Parental participation.

(f) Basis for admission or exclusion.

7013. National clearinghouse.

7014. Regulations.

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

PART A - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

7101. Short title.

7102. Purpose.

7103. Authorization of appropriations.

SUBPART 1 - STATE GRANTS

7111. Reservations and allotments.

(a) Reservations.

(b) State allotments.

7112. Reservation of State funds for safe and drug-free schools.

(a) State reservation for the chief executive officer

of a State.

(b) In State distribution.

7113. State application.

(a) In general.

(b) Interim application.

7114. Local educational agency program.

(a) In general.

(b) Eligibility.

(d) Contents of applications.

(e) Review of application.

(f) Approval process.

7115. Authorized activities.

(a) Principles of effectiveness.

(b) Local educational agency activities.

(d) Rule of construction.

7116. Reporting.

(a) State report.

(b) Local educational agency report.

7117. Programs for Native Hawaiians.

(a) General authority.

(b) Definition of Native Hawaiian.

SUBPART 2 - NATIONAL PROGRAMS

7131. Federal activities.

(a) Program authorized.

(b) Peer review.

7132. Impact evaluation.

(a) Biennial evaluation.

(b) Data collection.

7133. Hate crime prevention.

(a) Grant authorization.

(b) Use of funds.

(d) Reports.

7134. Safe and Drug-Free Schools and Communities Advisory

Committee.

(a) Establishment.

(b) Programs.

7135. National Coordinator Program.

(a) In general.

(b) Use of funds.

7136. Community service grant program.

(a) In general.

(b) Allocation.

(d) Reallotment.

(e) Definition.

7137. School Security Technology and Resource Center.

(a) Center.

(b) Administration.

7138. National Center for School and Youth Safety.

(a) Establishment.

(b) Duties.

7139. Grants to reduce alcohol abuse.

(a) In general.

(b) Eligibility.

LEAs.

(d) Reservations.

7140. Mentoring programs.

(a) Purpose; definitions.

(b) Grant program.

SUBPART 3 - GUN POSSESSION

7151. Gun-free requirements.

(a) Short title.

(b) Requirements.

(d) Report to State.

(e) Reporting.

(f) Definition.

(g) Exception.

(h) Policy regarding criminal justice system

referral.

SUBPART 4 - GENERAL PROVISIONS

7161. Definitions.

7162. Message and materials.

(a) ''Wrong and harmful'' message.

(b) Curriculum.

7163. Parental consent.

7164. Prohibited uses of funds.

7165. Transfer of school disciplinary records.

(a) Nonapplication of provisions.

(b) Disciplinary records.

PART B - 21ST CENTURY COMMUNITY LEARNING CENTERS

7171. Purpose; definitions.

(a) Purpose.

(b) Definitions.

7172. Allotments to States.

(a) Reservation.

(b) State allotments.

7173. State application.

(a) In general.

(b) Deemed approval.

(d) Notification.

(e) Response.

(f) Failure to respond.

7174. Local competitive grant program.

(a) In general.

(b) Application.

(d) Permissive local match.

(e) Peer review.

(f) Geographic diversity.

(g) Duration of awards.

(h) Amount of awards.

(i) Priority.

7175. Local activities.

(a) Authorized activities.

(b) Principles of effectiveness.

7176. Authorization of appropriations.

PART C - ENVIRONMENTAL TOBACCO SMOKE

7181. Short title.

7182. Definitions.

7183. Nonsmoking policy for children's services.

(a) Prohibition.

(b) Additional prohibition.

(d) Notice.

(e) Civil penalties.

7184. Preemption.

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

PART A - INNOVATIVE PROGRAMS

7201. Purposes, State and local responsibility.

(a) Purposes.

(b) State and local responsibility.

SUBPART 1 - STATE AND LOCAL PROGRAMS

7211. Allotment to States.

(a) In general.

(b) Reservation.

7211a. Allocation to local educational agencies.

(a) Distribution rule.

(b) Limitations and requirements.

(d) Payment of allocations.

SUBPART 2 - STATE PROGRAMS

7213. State uses of funds.

7213a. State applications.

(a) Application requirements.

(b) Statewide summary.

(d) Audit rule.

SUBPART 3 - LOCAL INNOVATIVE EDUCATION PROGRAMS

7215. Local uses of funds.

(a) Innovative assistance programs.

(b) Requirements.

7215a. Administrative authority.

7215b. Local applications.

(a) Submission of application.

(b) Certification and contents of application.

(d) Local educational agency discretion.

SUBPART 4 - GENERAL PROVISIONS

7217. Maintenance of effort.

(a) In general.

(b) Reduction of funds.

7217a. Participation of children enrolled in private schools.

(a) Participation on equitable basis.

(b) Equal expenditures.

(d) Waiver.

(e) Withholding of allotment or allocation.

(f) Duration of determination.

(g) Payment from State allotment.

(h) Review of determination.

(i) Prior determination.

7217b. Federal administration.

(a) Technical assistance.

(b) Rulemaking.

7217c. Supplement, not supplant.

7217d. Definitions.

7217e. Authorization of appropriations.

PART B - PUBLIC CHARTER SCHOOLS

SUBPART 1 - CHARTER SCHOOL PROGRAMS

7221. Purpose.

7221a. Program authorized.

(a) In general.

(b) Special rule.

(d) Limitation.

(e) Priority treatment.

(f) Amount criteria.

7221b. Applications.

(a) Applications from State agencies.

(b) Contents of a State educational agency

application.

(d) Contents of eligible applicant application.

7221c. Administration.

(a) Selection criteria for State educational

agencies.

(b) Selection criteria for eligible applicants.

(d) Diversity of projects.

(e) Waivers.

(f) Use of funds.

(g) Tribally controlled schools.

7221d. National activities.

(a) In general.

(b) Per-pupil facilities aid programs.

7221e. Federal formula allocation during first year and for

successive enrollment expansions.

(a) In general.

(b) Adjustment and late openings.

7221f. Solicitation of input from charter school operators.

7221g. Records transfer.

7221h. Paperwork reduction.

7221i. Definitions.

7221j. Authorization of appropriations.

(a) In general.

(b) Reservation.

SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL

FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

7223. Purpose.

7223a. Grants to eligible entities.

(a) Grants.

(b) Grantee selection.

(d) Special rule.

7223b. Applications.

(a) In general.

(b) Contents.

7223c. Charter school objectives.

7223d. Reserve account.

(a) Use of funds.

(b) Investment.

7223e. Limitation on administrative costs.

7223f. Audits and reports.

(a) Financial record maintenance and audit.

(b) Reports.

7223g. No full faith and credit for grantee obligations.

7223h. Recovery of funds.

(a) In general.

(b) Exercise of authority.

(d) Construction.

7223i. Definitions.

7223j. Authorization of appropriations.

SUBPART 3 - VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

7225. Grants.

(a) Authorization.

(b) Duration.

7225a. Uses of funds.

(a) Required use of funds.

(b) Permissible uses of funds.

(d) Administrative expenses.

7225b. Applications.

(a) Submission.

(b) Contents.

7225c. Priorities.

7225d. Requirements and voluntary participation.

(a) Parent and community involvement and notice.

(b) Selection of students.

7225e. Evaluations.

(a) In general.

(b) Evaluations.

7225f. Definitions.

7225g. Authorization of appropriations.

PART C - MAGNET SCHOOLS ASSISTANCE

7231. Findings and purpose.

(a) Findings.

(b) Purpose.

7231a. Definition.

7231b. Program authorized.

7231c. Eligibility.

7231d. Applications and requirements.

(a) Applications.

(b) Information and assurances.

7231e. Priority.

7231f. Use of funds.

(a) In general.

(b) Special rule.

7231g. Prohibition.

7231h. Limitations.

(a) Duration of awards.

(b) Limitation on planning funds.

(d) Timing.

7231i. Evaluations.

(a) Reservation.

(b) Contents.

7231j. Authorization of appropriations; reservation.

(a) Authorization.

(b) Availability of funds for grants to agencies not

previously assisted.

PART D - FUND FOR THE IMPROVEMENT OF EDUCATION

7241. Authorization of appropriations.

SUBPART 1 - FUND FOR THE IMPROVEMENT OF EDUCATION

7243. Programs authorized.

(a) Authorization.

(b) Uses of funds.

(d) Effectiveness of programs.

7243a. Applications.

(a) Submission.

(b) Contents.

7243b. Program requirements.

(a) Evaluations.

(b) Dissemination of evaluation results.

(d) Special rule for recognition programs.

7243c. Studies of national significance.

(a) Studies.

(b) Completion date.

SUBPART 2 - ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS

7245. Elementary and secondary school counseling programs.

(a) Grants authorized.

(b) Applications.

(d) Limitation on administrative costs.

(e) Definitions.

(f) Report.

(g) Special rule.

SUBPART 3 - PARTNERSHIPS IN CHARACTER EDUCATION

7247. Partnerships in character education program.

(a) Program authorized.

(b) Contracts under program.

(d) Use of funds by State educational agency

recipients.

(e) Application.

(f) Selection of recipients.

(g) Participation by private school children and

teachers.

(h) Evaluation and program development.

(i) Permissive match.

SUBPART 4 - SMALLER LEARNING COMMUNITIES

7249. Smaller learning communities.

(a) Grant authority.

(b) Application.

SUBPART 5 - READING IS FUNDAMENTAL - INEXPENSIVE BOOK DISTRIBUTION

PROGRAM

7251. Inexpensive book distribution program for reading motivation.

(a) Purpose.

(b) Authorization.

(d) Restriction on payments.

(e) Special rules for certain subcontractors.

(f) Multi-year contracts.

(g) Federal share defined.

SUBPART 6 - GIFTED AND TALENTED STUDENTS

7253. Short title.

7253a. Purpose.

7253b. Rule of construction.

7253c. Authorized programs.

(a) Establishment of program.

(b) Use of funds.

(d) Center for research and development.

(e) Coordination.

7253d. Program priorities.

(a) General priority.

(b) Service priority.

7253e. General provisions.

(a) Participation of private school children and

teachers.

(b) Review, dissemination, and evaluation.

SUBPART 7 - STAR SCHOOLS PROGRAM

7255. Short title.

7255a. Purposes.

7255b. Grant program authorized.

(a) Authorization.

(b) Duration and amount.

(d) Reservations.

(e) Federal share.

(f) Required local educational agency participation.

(g) Assistance obtaining satellite time.

7255c. Applications.

(a) Submission.

(b) Contents.

7255d. Other grant assistance.

(a) Special statewide network.

(b) Special local network.

education.

7255e. Administrative provisions.

(a) Leadership, evaluation, and peer review.

(b) Coordination.

(d) Availability of funds.

(e) Closed captioning and descriptive video.

7255f. Definitions.

SUBPART 8 - READY TO TEACH

7257. Grants.

(a) In general.

(b) Digital educational programming.

7257a. Application required.

(a) General application.

(b) Programming application.

7257b. Reports and evaluation.

7257c. Digital educational programming grants.

(a) Grants.

(b) Eligible entities.

(d) Matching requirement.

(e) Duration.

7257d. Administrative costs.

SUBPART 9 - FOREIGN LANGUAGE ASSISTANCE PROGRAM

7259. Short title.

7259a. Program authorized.

(a) Program authority.

(b) Requirements.

(d) Special rule.

(e) Reservation.

7259b. Applications.

(a) In general.

(b) Special consideration.

7259c. Elementary school foreign language incentive program.

(a) Incentive payments.

(b) Amount.

SUBPART 10 - PHYSICAL EDUCATION

7261. Short title.

7261a. Purpose.

7261b. Program authorized.

(a) Authorization.

(b) Program elements.

7261c. Applications.

(a) Submission.

(b) Private school and home-schooled students.

7261d. Requirements.

(a) Annual report to the Secretary.

(b) Administrative expenses.

7261e. Administrative provisions.

(a) Federal share.

(b) Proportionality.

(d) Availability of funds.

7261f. Supplement, not supplant.

SUBPART 11 - COMMUNITY TECHNOLOGY CENTERS

7263. Purpose and program authorization.

(a) Purpose.

(b) Program authorization.

7263a. Eligibility and application requirements.

(a) Eligible applicants.

(b) Application requirements.

7263b. Uses of funds.

(a) Required uses.

(b) Permissible uses.

SUBPART 12 - EDUCATIONAL, CULTURAL, APPRENTICESHIP, AND EXCHANGE

PROGRAMS FOR ALASKA NATIVES, NATIVE HAWAIIANS, AND THEIR HISTORICAL

WHALING AND TRADING PARTNERS IN MASSACHUSETTS

7265. Short title.

7265a. Findings and purposes.

(a) Findings.

(b) Purposes.

7265b. Program authorization.

(a) Grants and contracts.

(b) Uses of funds.

7265c. Administrative provisions.

(a) Application required.

(b) Local educational agency coordination.

7265d. Availability of funds.

7265e. Definitions.

SUBPART 13 - EXCELLENCE IN ECONOMIC EDUCATION

7267. Short title.

7267a. Purpose and goals.

(a) Purpose.

(b) Objectives.

7267b. Grant program authorized.

(a) Authorization.

(b) Uses of funds.

7267c. Applications.

(a) Grantee applications.

(b) Recipient applications.

7267d. Requirements.

(a) Administrative costs.

(b) Teacher training programs.

(d) Additional requirements and technical assistance.

7267e. Administrative provisions.

(a) Federal share.

(b) Payment of non-Federal share.

7267f. Supplement, not supplant.

SUBPART 14 - GRANTS TO IMPROVE THE MENTAL HEALTH OF CHILDREN

7269. Grants for the integration of schools and mental health

systems.

(a) Authorization.

(b) Duration.

(d) Applications.

(e) Interagency agreements.

(f) Evaluation.

(g) Distribution of awards.

(h) Rule of construction.

(i) Supplement, not supplant.

7269a. Promotion of school readiness through early childhood

emotional and social development.

(a) Authorization.

(b) Applications.

(d) Limitations.

(e) Evaluations.

(f) Definitions.

SUBPART 15 - ARTS IN EDUCATION

7271. Assistance for arts education.

(a) Purposes.

(b) Authority.

(d) Use of funds.

(e) Special rule.

(f) Conditions.

(g) Consultation.

SUBPART 16 - PARENTAL ASSISTANCE AND LOCAL FAMILY INFORMATION

CENTERS

7273. Purposes.

7273a. Grants authorized.

(a) Parental information and resource centers.

(b) Geographic distribution.

7273b. Applications.

(a) Submission.

(b) Contents.

7273c. Uses of funds.

(a) In general.

(b) Permissive activities.

7273d. Administrative provisions.

(a) Matching funds for grant renewal.

(b) Submission of information.

(d) Rule of construction.

(e) Parental rights.

(f) Continuation of awards.

7273e. Local family information centers.

(a) In general.

(b) Local nonprofit parent organization defined.

SUBPART 17 - COMBATTING DOMESTIC VIOLENCE

7275. Grants to combat the impact of experiencing or witnessing

domestic violence on elementary and secondary school children.

(a) Definitions.

(b) Grants authorized.

(d) Confidentiality.

(e) Application.

SUBPART 18 - HEALTHY, HIGH-PERFORMANCE SCHOOLS

7277. Grant program authorized.

7277a. State uses of funds.

(a) Subgrants.

(b) Administration.

7277b. Local uses of funds.

(a) In general.

(b) Use of funds.

7277c. Report to Congress.

7277d. Limitations.

7277e. Healthy, high-performance school building defined.

SUBPART 19 - GRANTS FOR CAPITAL EXPENSES OF PROVIDING EQUITABLE

SERVICES FOR PRIVATE SCHOOL STUDENTS

7279. Grant program authorized.

7279a. Uses of funds.

7279b. Allotments to States.

7279c. Subgrants to local educational agencies.

(a) Applications.

(b) Distribution.

7279d. Capital expenses defined.

7279e. Termination.

SUBPART 20 - ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION

7281. Reservation.

7281a. Eligibility.

7281b. Maximum amount.

(a) Maximum amount.

(b) Insufficient funds.

SUBPART 21 - WOMEN'S EDUCATIONAL EQUITY ACT

7283. Short title and findings.

(a) Short title.

(b) Findings.

7283a. Statement of purpose.

7283b. Programs authorized.

(a) In general.

(b) Grants authorized.

7283c. Applications.

7283d. Criteria and priorities.

(a) Criteria and priorities.

(b) Priorities.

(d) Coordination.

(e) Limitation.

7283e. Report.

7283f. Administration.

(a) Evaluation and dissemination.

(b) Program operations.

7283g. Amount.

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

SUBPART 1 - ACCOUNTABILITY

7301. Grants for State assessments and related activities.

7301a. Grants for enhanced assessment instruments.

(a) Grant program authorized.

(b) Application.

7301b. Funding.

(a) Authorization of appropriations.

(b) Allotment of appropriated funds.

SUBPART 2 - FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL

AGENCIES

7305. Short title.

7305a. Purpose.

7305b. Transferability of funds.

(a) Transfers by States.

(b) Transfers by local educational agencies.

(d) Modification of plans and applications;

notification.

(e) Applicable rules.

SUBPART 3 - STATE AND LOCAL FLEXIBILITY DEMONSTRATION

7311. Short title.

7311a. Purpose.

7311b. General provision.

DIVISION A - STATE FLEXIBILITY AUTHORITY

7315. State flexibility.

(a) Flexibility authority.

(b) Definitions.

(d) Approval and selection.

(e) Amendment to grant of authority.

7315a. Consolidation and use of funds.

(a) In general.

(b) Eligible funds and programs.

7315b. Performance review and penalties.

(a) Midterm review.

(b) Final review.

7315c. Renewal of grant of flexibility authority.

(a) In general.

(b) Renewal.

DIVISION B - LOCAL FLEXIBILITY DEMONSTRATION

7321. Local flexibility demonstration agreements.

(a) Authority.

(b) Selection of local educational agencies.

agreement.

(d) Peer review.

(e) Amendment to performance agreement.

7321a. Consolidation and use of funds.

(a) In general.

(b) Eligible programs.

7321b. Limitations on administrative expenditures.

7321c. Performance review and penalties.

(a) Midterm review.

(b) Final review.

7321d. Renewal of local flexibility demonstration agreement.

(a) In general.

(b) Notification.

7321e. Reports.

(a) Transmittal to Congress.

(b) Limitation.

SUBPART 4 - STATE ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS

7325. Accountability for adequate yearly progress.

7325a. Peer review.

7325b. Technical assistance.

(a) Provision of assistance.

(b) Characteristics.

7325c. Report to Congress.

PART B - RURAL EDUCATION INITIATIVE

7341. Short title.

7341a. Purpose.

SUBPART 1 - SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

7345. Use of applicable funding.

(a) Alternative uses.

(b) Eligibility.

(d) Disbursement.

(e) Applicable rules.

7345a. Grant program authorized.

(a) In general.

(b) Allocation.

(d) Special eligibility rule.

7345b. Accountability.

(a) Academic achievement assessment.

(b) Determination regarding continuing participation.

SUBPART 2 - RURAL AND LOW-INCOME SCHOOL PROGRAM

7351. Program authorized.

(a) Grants to States.

(b) Local awards.

7351a. Uses of funds.

(a) Local awards.

(b) Administrative costs.

7351b. Applications.

(a) In general.

(b) Contents.

7351c. Accountability.

(a) State report.

(b) Specially qualified agency report.

(d) Academic achievement assessment.

(e) Determination regarding continuing participation.

SUBPART 3 - GENERAL PROVISIONS

7355. Annual average daily attendance determination.

(a) Census determination.

(b) Penalty.

7355a. Supplement, not supplant.

7355b. Rule of construction.

7355c. Authorization of appropriations.

PART C - GENERAL PROVISIONS

7371. Prohibition against Federal mandates, direction, or control.

7372. Rule of construction on equalized spending.

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

PART A - INDIAN EDUCATION

7401. Statement of policy.

7402. Purpose.

(a) Purpose.

(b) Programs.

SUBPART 1 - FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

7421. Purpose.

7422. Grants to local educational agencies and tribes.

(a) In general.

(b) Local educational agencies.

7423. Amount of grants.

(a) Amount of grant awards.

(b) Minimum grant.

(d) Schools operated or supported by the Bureau of

Indian Affairs.

(e) Ratable reductions.

7424. Applications.

(a) Application required.

(b) Comprehensive program required.

7425. Authorized services and activities.

(a) General requirements.

(b) Particular activities.

(d) Limitation on administrative costs.

7426. Integration of services authorized.

(a) Plan.

(b) Consolidation of programs.

(d) Plan requirements.

(e) Plan review.

(f) Plan approval.

(g) Responsibilities of Department of Education.

(h) Responsibilities of lead agency.

(i) Report requirements.

(j) No reduction in amounts.

(k) Interagency fund transfers authorized.

(l) Administration of funds.

(m) Overage.

(n) Fiscal accountability.

(o) Report on statutory obstacles to program

integration.

(p) Definitions.

7427. Student eligibility forms.

(a) In general.

(b) Forms.

(d) Forms and standards of proof.

(e) Documentation.

(f) Monitoring and evaluation review.

(g) Tribal grant and contract schools.

(h) Timing of child counts.

7428. Payments.

(a) In general.

(b) Payments taken into account by the State.

fiscal effort.

(d) Reallocations.

7429. State educational agency review.

SUBPART 2 - SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

7441. Improvement of educational opportunities for Indian children.

(a) Purpose.

(b) Eligible entities.

(d) Grant requirements and applications.

(e) Administrative costs.

7442. Professional development for teachers and education

professionals.

(a) Purposes.

(b) Eligible entities.

(d) Authorized activities.

(e) Application.

(f) Special rule.

(g) Grant period.

(h) Service obligation.

SUBPART 3 - NATIONAL ACTIVITIES

7451. National research activities.

(a) Authorized activities.

(b) Eligibility.

7452. In-service training for teachers of Indian children.

(a) Grants authorized.

(b) Use of funds.

7453. Fellowships for Indian students.

(a) Fellowships.

(b) Stipends.

(d) Special rules.

(e) Service obligation.

(f) Administration of fellowships.

7454. Gifted and talented Indian students.

(a) Program authorized.

(b) Eligible entities.

(d) Additional grants.

(e) Information network.

7455. Grants to tribes for education administrative planning and

development.

(a) In general.

(b) Period of grant.

(d) Restriction.

7456. Improvement of educational opportunities for adult Indians.

(a) In general.

(b) Educational services.

(d) Applications.

(e) Administrative costs.

SUBPART 4 - FEDERAL ADMINISTRATION

7471. National Advisory Council on Indian Education.

(a) Membership.

(b) Duties.

7472. Peer review.

7473. Preference for Indian applicants.

7474. Minimum grant criteria.

SUBPART 5 - DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

7491. Definitions.

7492. Authorizations of appropriations.

(a) Subpart 1.

(b) Subparts 2 and 3.

PART B - NATIVE HAWAIIAN EDUCATION

7511. Short title.

7512. Findings.

7513. Purposes.

7514. Native Hawaiian Education Council and island councils.

(a) Establishment of Native Hawaiian Education

Council.

(b) Composition of Education Council.

(d) Native Hawaiian Education Council grant.

(e) Additional duties of the Education Council.

(f) Establishment of island councils.

(g) Administrative provisions relating to Education

Council and island councils.

(h) Compensation.

(i) Report.

7515. Program authorized.

(a) General authority.

(b) Administrative costs.

7516. Administrative provisions.

(a) Application required.

(b) Special rule.

7517. Definitions.

PART C - ALASKA NATIVE EDUCATION

7541. Short title.

7542. Findings.

7543. Purposes.

7544. Program authorized.

(a) General authority.

(b) Limitation on administrative costs.

(d) Authorization of appropriations.

7545. Administrative provisions.

(a) Application required.

(b) Applications.

(d) Local educational agency coordination.

7546. Definitions.

SUBCHAPTER VIII - IMPACT AID

7701. Purpose.

7702. Payments relating to Federal acquisition of real property.

(a) In general.

(b) Amount.

(d) Ownership by United States.

(e) Local educational agency containing Forest

Service land and serving certain counties.

(f) Special rule.

(g) Former districts.

(h) Payments with respect to fiscal years in which

insufficient funds are appropriated.

(i) Special payments.

(j) Repealed.

(k) Special rule.

(l) Prior year data.

(m) Eligibility.

(n) Loss of eligibility.

7703. Payments for eligible federally connected children.

(a) Computation of payment.

(b) Basic support payments; insufficient

appropriations; State with only one local

educational agency.

(d) Children with disabilities.

(e) Hold-harmless.

(f) Other funds.

(g) Maintenance of effort.

7703a. Impact aid for children with severe disabilities.

(a) Payments.

(b) Payment amount.

(d) Ratable reduction.

(e) Report.

(f) Payments subject to appropriation.

(g) Local educational agency defined.

7704. Policies and procedures relating to children residing on

Indian lands.

(a) In general.

(b) Records.

(d) Technical assistance and enforcement.

(e) Complaints.

(f) Construction.

7705. Application for payments under sections 7702 and 7703 of this

title.

(a) In general.

(b) Contents.

(d) Approval.

7706. Repealed.

7707. Construction.

(a) Construction payments authorized.

(b) School facility emergency and modernization

grants authorized.

7708. Facilities.

(a) Current facilities.

(b) Transfer of facilities.

7709. State consideration of payments in providing State aid.

(a) General prohibition.

(b) State equalization plans.

plans.

(d) Treatment of State aid.

(e) Remedies for State violations.

7710. Federal administration.

(a) Payments in whole dollar amounts.

(b) Other agencies.

7711. Administrative hearings and judicial review.

(a) Administrative hearings.

(b) Judicial review of Secretarial action.

7712. Forgiveness of overpayments.

7713. Definitions.

7713a. School facilities for children of Government employees and

other residents in Indian reservations, national parks, and

national monuments.

7714. Authorization of appropriations.

(a) Payments for Federal acquisition of real

property.

(b) Basic payments; payments for heavily impacted

local educational agencies.

(d) Repealed.

(e) Construction.

(f) Facilities maintenance.

SUBCHAPTER IX - GENERAL PROVISIONS

PART A - DEFINITIONS

7801. Definitions.

7802. Applicability of subchapter.

7803. Applicability to Bureau of Indian Affairs operated schools.

PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

7821. Consolidation of State administrative funds for elementary

and secondary education programs.

(a) Consolidation of administrative funds.

(b) Use of funds.

(d) Review.

(e) Unused administrative funds.

(f) Consolidation of funds for standards and

assessment development.

7822. Single local educational agency States.

7823. Consolidation of funds for local administration.

(a) General authority.

(b) State procedures.

(d) Uses of administrative funds.

(e) Records.

7824. Consolidated set-aside for Department of the Interior funds.

(a) General authority.

(b) Administration.

PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

7841. Purposes.

7842. Optional consolidated State plans or applications.

(a) General authority.

(b) Collaboration.

7843. Consolidated reporting.

(a) In general.

(b) Contents.

7844. General applicability of State educational agency assurances.

(a) Assurances.

(b) GEPA provision.

7845. Consolidated local plans or applications.

(a) General authority.

(b) Required consolidated plans or applications.

(d) Necessary materials.

7846. Other general assurances.

(a) Assurances.

(b) GEPA provision.

PART D - WAIVERS

7861. Waivers of statutory and regulatory requirements.

(a) In general.

(b) Request for waiver.

(d) Duration and extension of waiver.

(e) Reports.

(f) Termination of waivers.

(g) Publication.

PART E - UNIFORM PROVISIONS

SUBPART 1 - PRIVATE SCHOOLS

7881. Participation by private school children and teachers.

(a) Private school participation.

(b) Applicability.

(d) Public control of funds.

7882. Standards for by-pass.

(a) In general.

(b) Determination.

7883. Complaint process for participation of private school

children.

(a) Procedures for complaints.

(b) Appeals to Secretary.

7884. By-pass determination process.

(a) Review.

(b) Determination.

(d) Prior determination.

7885. Prohibition against funds for religious worship or

instruction.

7886. Private, religious, and home schools.

(a) Applicability to nonrecipient private schools.

(b) Applicability to home schools.

control over nonpublic schools.

(d) Rule of construction on State and local

educational agency mandates.

SUBPART 2 - OTHER PROVISIONS

7901. Maintenance of effort.

(a) In general.

(b) Reduction in case of failure to meet.

7902. Prohibition regarding State aid.

7903. Privacy of assessment results.

7904. School prayer.

(a) Guidance.

(b) Certification.

7905. Equal access to public school facilities.

(a) Short title.

(b) In general.

(d) Definition and rule.

7906. General prohibitions.

(a) Prohibition.

(b) Local control.

7907. Prohibitions on Federal Government and use of Federal funds.

(a) General prohibition.

(b) Prohibition on endorsement of curriculum.

certification of standards.

(d) Rule of construction on building standards.

7908. Armed Forces recruiter access to students and student

recruiting information.

(a) Policy.

(b) Notification.

(d) Special rule.

7909. Prohibition on federally sponsored testing.

(a) General prohibition.

(b) Exceptions.

7910. Limitations on national testing or certification for

teachers.

(a) Mandatory national testing or certification of

teachers.

(b) Prohibition on withholding funds.

7911. Prohibition on nationwide database.

7912. Unsafe school choice option.

(a) Unsafe school choice policy.

(b) Certification.

7913. Prohibition on discrimination.

7914. Civil rights.

(a) In general.

(b) Rule of construction.

7915. Rulemaking.

7916. Severability.

PART F - EVALUATIONS

7941. Evaluations.

(a) Reservation of funds.

(b) Subchapters I and III excluded.

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

PART A - FUND FOR THE IMPROVEMENT OF EDUCATION

8001 to 8007. Repealed.

PART B - GIFTED AND TALENTED CHILDREN

8031 to 8037. Repealed.

PART C - PUBLIC CHARTER SCHOOLS

SUBPART 1 - BASIC CHARTER SCHOOL GRANT PROGRAM

8061 to 8067. Repealed.

SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL

FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

8071 to 8071j. Repealed.

PART D - ARTS IN EDUCATION

SUBPART 1 - ARTS EDUCATION

8091. Repealed.

SUBPART 2 - CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

8101 to 8105. Repealed.

PART E - INEXPENSIVE BOOK DISTRIBUTION PROGRAM

8131. Repealed.

PART F - CIVIC EDUCATION

8141 to 8143. Repealed.

PART G - ALLEN J. ELLENDER FELLOWSHIP PROGRAM

8161. Repealed.

SUBPART 1 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS

8171, 8172. Repealed.

SUBPART 2 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS

8181, 8182. Repealed.

SUBPART 3 - PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT

PARENTS AND OLDER AMERICANS

8191, 8192. Repealed.

SUBPART 4 - GENERAL PROVISIONS

8201, 8202. Repealed.

PART H - DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM

8221 to 8224. Repealed.

PART I - 21ST CENTURY COMMUNITY LEARNING CENTERS

8241 to 8247. Repealed.

PART J - URBAN AND RURAL EDUCATION ASSISTANCE

8271, 8272. Repealed.

SUBPART 1 - URBAN EDUCATION DEMONSTRATION GRANTS

8281 to 8284. Repealed.

SUBPART 2 - RURAL EDUCATION INITIATIVE

8291 to 8297. Repealed.

SUBPART 3 - WHITE HOUSE CONFERENCES

8311, 8312. Repealed.

PART K - NATIONAL WRITING PROJECT

8331, 8332. Repealed.

PART L - PHYSICAL EDUCATION FOR PROGRESS

8351 to 8361. Repealed.

PART M - TERRITORIAL ASSISTANCE

8371. Repealed.

SUBCHAPTER XI - COORDINATED SERVICES

8401 to 8407. Repealed.

SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

8501 to 8513. Repealed.

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

8601, 8602. Repealed.

PART A - COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

8621 to 8625. Transferred.

PART B - NATIONAL DIFFUSION NETWORK

8651, 8652. Transferred.

PART C - EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIA

8671 to 8678. Transferred.

PART D - TECHNOLOGY-BASED TECHNICAL ASSISTANCE

8701. Transferred.

SUBCHAPTER XIV - GENERAL PROVISIONS

PART A - DEFINITIONS

8801 to 8803. Repealed.

PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

8821 to 8826. Repealed.

PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

8851 to 8857. Repealed.

PART D - WAIVERS

8881. Repealed.

PART E - UNIFORM PROVISIONS

8891 to 8904. Repealed.

PART F - GUN POSSESSION

8921 to 8923. Repealed.

PART G - EVALUATIONS

8941. Repealed.

PART H - SENSE OF CONGRESS

8961, 8962. Repealed.

-COD-

CODIFICATION

The Elementary and Secondary Education Act of 1965, comprising

this chapter, was originally enacted as Pub. L. 89-10, Apr. 11,

1965, 79 Stat. 27, and amended by Pub. L. 89-750, Nov. 3, 1966, 80

Stat. 1191; Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L.

90-576, title III, Sec. 307, Oct. 16, 1968, 82 Stat. 1097; Pub. L.

91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972,

86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L.

94-193, Sec. 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94-273,

Sec. 2(12), 3(8), 49(a)-(c), Apr. 21, 1976, 90 Stat. 375, 376, 382;

Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Aug.

24, 1977, 91 Stat. 911, and was classified to sections 241a et

seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of

this title. The Act was subsequently extensively revised and

restated by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, and

amended by Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L.

96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980,

94 Stat. 1367; Pub. L. 96-470, Oct. 19, 1980, 94 Stat. 2237; Pub.

L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98-211, Dec. 8,

1983, 97 Stat. 1412; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366;

Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-159, Nov.

22, 1985, 99 Stat. 887, and was classified to section 2701 et seq.

of this title. The Act was subsequently extensively revised and

restated by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 130, and

amended by Pub. L. 100-569, Oct. 31, 1988, 102 Stat. 2862; Pub. L.

100-570, Oct. 31, 1988, 102 Stat. 2865; Pub. L. 100-690, Nov. 18,

1988, 102 Stat. 4181; Pub. L. 101-226, Dec. 12, 1989, 103 Stat.

1928; Pub. L. 101-250, Mar. 6, 1990, 104 Stat. 96; Pub. L. 101-476,

Oct. 30, 1990, 104 Stat. 1103; Pub. L. 101-589, Nov. 16, 1990, 104

Stat. 2881; Pub. L. 101-600, Nov. 16, 1990, 104 Stat. 3042; Pub. L.

101-647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102-62, June 27,

1991, 105 Stat. 305; Pub. L. 102-73, July 25, 1991, 105 Stat. 333;

Pub. L. 102-103, Aug. 17, 1991, 105 Stat. 497; Pub. L. 102-325,

July 23, 1992, 106 Stat. 448; Pub. L. 102-359, Aug. 26, 1992, 106

Stat. 962; Pub. L. 102-545, Oct. 27, 1992, 106 Stat. 3586; Pub. L.

103-227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103-252, May 18,

1994, 108 Stat. 623, and was classified to section 2701 et seq. of

this title. The Act was subsequently extensively revised and

restated by Pub. L. 103-382, Oct. 20, 1994, 108 Stat. 3518, and

amended by Pub. L. 104-5, Mar. 23, 1995, 109 Stat. 72; Pub. L.

104-106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 104-134, Apr. 26,

1996, 110 Stat. 1321; Pub. L. 104-140, May 2, 1996, 110 Stat. 1327;

Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2105; Pub. L. 104-195,

Sept. 16, 1996, 110 Stat. 2379; Pub. L. 104-201, Sept. 23, 1996,

110 Stat. 2422; Pub. L. 104-208, Sept. 30, 1996, 110 Stat. 3009;

Pub. L. 105-18, June 12, 1997, 111 Stat. 158; Pub. L. 105-78, Nov.

13, 1997, 111 Stat. 1467; Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

936; Pub. L. 105-244, Oct. 7, 1998, 112 Stat. 1581; Pub. L.

105-277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105-278, Oct. 22,

1998, 112 Stat. 2682; Pub. L. 105-332, Oct. 31, 1998, 112 Stat.

3076; Pub. L. 106-78, Oct. 22, 1999, 113 Stat. 1135; Pub. L.

106-113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106-398, Oct. 30,

2000, 114 Stat. 1654; Pub. L. 106-400, Oct. 30, 2000, 114 Stat.

1675; Pub. L. 106-554, Dec. 21, 2000, 114 Stat. 2763; Pub. L.

107-20, July 24, 2001, 115 Stat. 155, and is classified to section

6301 et seq. of this title. Titles I to VII and IX of the Act are

shown, herein, however, as having been added by Pub. L. 107-110

without reference to such intervening amendments because of the

extensive amendments, renumbering, and reorganization of these

provisions by Pub. L. 107-110.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1228c, 1453, 5891b, 5893,

6143, 9515, 9533, 9543, 9564, 9602, 9607 of this title; title 8

section 1613; title 10 section 503; title 42 sections 2000d-5,

2753, 9832.

-CITE-

20 USC SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT

OF THE DISADVANTAGED 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-COD-

CODIFICATION

Title I of the Elementary and Secondary Education Act of 1965,

comprising this subchapter, was originally enacted as part of Pub.

L. 89-10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently

revised, restated, and amended by other public laws. Title I is

shown, herein, as having been added by Pub. L. 107-110, title I,

Sec. 101, Jan. 8, 2002, 115 Stat. 1439, without reference to

earlier amendments because of the extensive revision of the title's

provisions by Pub. L. 107-110. See Codification note preceding this

chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1087ee, 1087ii, 1401,

1413, 5861, 5891b, 6212, 6641, 6966, 7305a, 7305b, 7424, 7801,

7821, 7907, 7941, 9252, 9563, 9602 of this title; title 8 section

1255a; title 10 sections 1598, 2410; title 25 section 2503; title

29 section 774; title 42 sections 9837a, 11432, 11433, 12524.

-CITE-

20 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6301. Statement of purpose

-STATUTE-

The purpose of this subchapter is to ensure that all children

have a fair, equal, and significant opportunity to obtain a

high-quality education and reach, at a minimum, proficiency on

challenging State academic achievement standards and state

(FOOTNOTE 1) academic assessments. This purpose can be

accomplished by -

(FOOTNOTE 1) So in original. Probably should be capitalized.

(1) ensuring that high-quality academic assessments,

accountability systems, teacher preparation and training,

curriculum, and instructional materials are aligned with

challenging State academic standards so that students, teachers,

parents, and administrators can measure progress against common

expectations for student academic achievement;

(2) meeting the educational needs of low-achieving children in

our Nation's highest-poverty schools, limited English proficient

children, migratory children, children with disabilities, Indian

children, neglected or delinquent children, and young children in

need of reading assistance;

(3) closing the achievement gap between high- and

low-performing children, especially the achievement gaps between

minority and nonminority students, and between disadvantaged

children and their more advantaged peers;

(4) holding schools, local educational agencies, and States

accountable for improving the academic achievement of all

students, and identifying and turning around low-performing

schools that have failed to provide a high-quality education to

their students, while providing alternatives to students in such

schools to enable the students to receive a high-quality

education;

(5) distributing and targeting resources sufficiently to make a

difference to local educational agencies and schools where needs

are greatest;

(6) improving and strengthening accountability, teaching, and

learning by using State assessment systems designed to ensure

that students are meeting challenging State academic achievement

and content standards and increasing achievement overall, but

especially for the disadvantaged;

(7) providing greater decisionmaking authority and flexibility

to schools and teachers in exchange for greater responsibility

for student performance;

(8) providing children an enriched and accelerated educational

program, including the use of schoolwide programs or additional

services that increase the amount and quality of instructional

time;

(9) promoting schoolwide reform and ensuring the access of

children to effective, scientifically based instructional

strategies and challenging academic content;

(10) significantly elevating the quality of instruction by

providing staff in participating schools with substantial

opportunities for professional development;

(11) coordinating services under all parts of this subchapter

with each other, with other educational services, and, to the

extent feasible, with other agencies providing services to youth,

children, and families; and

(12) affording parents substantial and meaningful opportunities

to participate in the education of their children.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1439.)

-MISC1-

PRIOR PROVISIONS

A prior section 6301, Pub. L. 89-10, title I, Sec. 1001, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519,

declared policy and stated purpose of this subchapter, prior to the

general amendment of this subchapter by Pub. L. 107-110.

A prior section 1001 of Pub. L. 89-10 was classified to section

2701 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Another prior section 1001 of Pub. L. 89-10 was renumbered

section 9001 and was classified to section 3381 of this title,

prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382.

EFFECTIVE DATE

Pub. L. 107-110, Sec. 5, Jan. 8, 2002, 115 Stat. 1427, provided

that:

''(a) In General. - Except as otherwise provided in this Act (see

Tables for classification), this Act, and the amendments made by

this Act, shall be effective upon the date of enactment of this Act

(Jan. 8, 2002).

''(b) Noncompetitive Programs. - With respect to noncompetitive

programs under which any funds are allotted by the Secretary of

Education to recipients on the basis of a formula, this Act, and

the amendments made by this Act, shall take effect on July 1, 2002.

''(c) Competitive Programs. - With respect to programs that are

conducted by the Secretary on a competitive basis, this Act, and

the amendments made by this Act, shall take effect with respect to

appropriations for use under those programs for fiscal year 2002.

''(d) Impact Aid. - With respect to title VIII (Impact Aid)

(probably means title VIII of Pub. L. 89-10, 20 U.S.C. 7701 et

seq.), this Act, and the amendments made by this Act, shall take

effect with respect to appropriations for use under that title for

fiscal year 2002.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-110, Sec. 1, Jan. 8, 2002, 115 Stat. 1425, provided

that: ''This title (probably means Pub. L. 107-110, see Tables for

classification) may be cited as the 'No Child Left Behind Act of

2001'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec. 1601),

Dec. 21, 2000, 114 Stat. 2763, 2763A-328, provided that: ''This

title (amending sections 6302, 6311, 6361 to 6368, 6369b, 6394,

6661a, 6661i, and 8801 of this title and sections 2023 and 2026 of

Title 25, Indians, and enacting provisions set out as a note under

section 6361 of this title) may be cited as the 'Literacy Involves

Families Together Act'.''

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVII, Sec. 1701),

Dec. 21, 2000, 114 Stat. 2763, 2763A-335, provided that: ''This

title (enacting part F of subchapter III of this chapter, amending

section 9134 of this title and section 254 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs, and enacting provisions set out as

notes under sections 7001 and 9134 of this title and sections 254,

609, and 902 of Title 47) may be cited as the 'Children's Internet

Protection Act'.''

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1801), Oct.

30, 2000, 114 Stat. 1654, 1654A-368, provided that: ''This title

(amending sections 1228, 7701 to 7703, 7705, 7707, 7709 to 7713,

and 7714 of this title, repealing section 7706 of this title, and

enacting provisions set out as notes under sections 7701, 7703, and

7711 of this title) may be cited as the 'Impact Aid Reauthorization

Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-278, Sec. 1, Oct. 22, 1998, 112 Stat. 2682, provided

that: ''This Act (enacting sections 8065a to 8065d of this title

and amending sections 7331, 7351, 8061 to 8065, 8066, 8067, and

8801 of this title) may be cited as the 'Charter School Expansion

Act of 1998'.''

Pub. L. 105-277, div. D, title I, Sec. 121, Oct. 21, 1998, 112

Stat. 2681-756, provided that: ''This subtitle (subtitle C (Sec.

121, 122) of title I of Pub. L. 105-277, enacting section 7144 of

this title) may be cited as the 'Drug-Free Schools Quality

Assurance Act'.''

SHORT TITLE OF 1994 AMENDMENTS

Section 1 of Pub. L. 103-382 provided that: ''This Act (see

Tables for classification) may be cited as the 'Improving America's

Schools Act of 1994'.''

Pub. L. 103-227, title X, Sec. 1031, Mar. 31, 1994, 108 Stat.

270, provided that: ''This part (part B (Sec. 1031, 1032) of title

X of Pub. L. 103-227, enacting section 3351 of this title and

amending sections 3381 to 3384 and 3386 of this title) may be cited

as the 'Gun-Free Schools Act of 1994'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-545, Sec. 1, Oct. 27, 1992, 106 Stat. 3586, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Ready to Learn Act'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-103, title I, Sec. 101, Aug. 17, 1991, 105 Stat. 497,

provided that: ''This title (see Tables for classification) may be

cited as the 'National Dropout Prevention Act of 1991'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-600, Sec. 1, Nov. 16, 1990, 104 Stat. 3042, provided

that: ''This Act (see Tables for classification) may be cited as

the 'School Dropout Prevention and Basic Skills Improvement Act of

1990'.''

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-226, Sec. 1, Dec. 12, 1989, 103 Stat. 1928, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Drug-Free Schools and Communities Act Amendments of 1989'.''

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-569, title II, Sec. 201, Oct. 31, 1988, 102 Stat.

2862, provided that: ''This title (see Tables for classification)

may be cited as the 'National Geography Studies Centers Act'.''

Pub. L. 100-297, Sec. 1(a), Apr. 28, 1988, 102 Stat. 130,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Augustus F. Hawkins-Robert T. Stafford Elementary and

Secondary School Improvement Amendments of 1988'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-511, Sec. 1, Oct. 19, 1984, 98 Stat. 2366, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Education Amendments of 1984'.''

Pub. L. 98-511, title IV, Sec. 401(a), Oct. 19, 1984, 98 Stat.

2389, provided that: ''This title (see Tables for classification)

may be cited as the 'Women's Educational Equity Amendments of

1984'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-561, Sec. 1, Nov. 1, 1978, 92 Stat. 2143, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1978'.''

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-112, Sec. 1, Sept. 24, 1977, 91 Stat. 911, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1977'.''

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-380, Sec. 1, Aug. 21, 1974, 88 Stat. 484, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1974'.''

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121 (see Tables for

classification), is popularly known as the ''Elementary and

Secondary Education Amendments of 1970''.

SHORT TITLE OF 1968 AMENDMENT

Pub. L. 90-247, Sec. 1, Jan. 2, 1968, 81 Stat. 783, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Elementary and Secondary Education Amendments of 1967'.''

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-750, Sec. 1, Nov. 3, 1966, 80 Stat. 1191, provided:

''That this Act (see Tables for classification) may be cited as the

'Elementary and Secondary Education Amendments of 1966'.''

SHORT TITLE

Section 1 of Pub. L. 89-10, as added by Pub. L. 103-382, title I,

Sec. 101, Oct. 20, 1994, 108 Stat. 3519, as amended by Pub. L.

107-110, Sec. 6(1), Jan. 8, 2002, 115 Stat. 1427, provided that:

''This Act (enacting this chapter) may be cited as the 'Elementary

and Secondary Education Act of 1965'.''

Pub. L. 89-10, title X, Sec. 10971, as added by Pub. L. 106-554,

Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114 Stat. 2763,

2763A-89, which provided that subpart 2 (Sec. 10971-10978) of part

J of title X of Pub. L. 89-10, enacting subpart 2 of part J of

former subchapter X of this chapter, could be cited as the ''Rural

Education Achievement Program'', was repealed by Pub. L. 107-110,

title X, Sec. 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986.

Pub. L. 89-10, title X, Sec. 10999A, as added by Pub. L. 106-554,

Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114 Stat. 2763,

2763A-76, which provided that part L (Sec. 10999A-10999L) of title

X of Pub. L. 89-10, enacting part L of former subchapter X of this

chapter, could be cited as the ''Physical Education for Progress

Act'', was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A),

Jan. 8, 2002, 115 Stat. 1986.

CONTINUATION OF AWARDS

Pub. L. 107-110, title II, Sec. 202, Jan. 8, 2002, 115 Stat.

1688, provided that: ''Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of -

''(1) a person or entity that, prior to the date of enactment

of this Act (Jan. 8, 2002), was awarded funds appropriated under

the Department of Education Appropriations Act, 2001 (Pub. L.

106-554, Sec. 1(a)(1) (title III), see Tables for classification)

for new teacher recruitment initiatives; or

''(2) a person or agency that, prior to the date of enactment

of this Act (Jan. 8, 2002), was awarded a grant or contract under

part K of title X of the Elementary and Secondary Education Act

of 1965 ((formerly) 20 U.S.C. 8331 et seq.),

the Secretary of Education shall continue to provide funds in

accordance with the terms of such award until the date on which the

award period terminates.''

Pub. L. 107-110, title V, Sec. 502, Jan. 8, 2002, 115 Stat. 1873,

provided that:

''(a) In General. - Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of any

agency or consortium that was awarded a grant under section 5111 of

the Elementary and Secondary Education Act of 1965 ((formerly) 20

U.S.C. 7211) or any person or agency that was awarded a contract or

grant under part B, D, or E of title X of the Elementary and

Secondary Education Act of 1965 ((formerly) 20 U.S.C. 8031 et seq.,

8091 et seq., 8131 et seq.), prior to the date of enactment of this

Act (Jan. 8, 2002), the Secretary of Education shall continue to

provide funds in accordance with the terms of such award until the

date on which the award period terminates under such terms.

''(b) Special Rule. - Notwithstanding any other provision of this

Act, any person or agency that was awarded or entered into a grant,

contract, or cooperative agreement under part B of title V of the

Elementary and Secondary Education Act of 1965 ((formerly) 20

U.S.C. 7231 et seq.), prior to the date of enactment of this Act

(Jan. 8, 2002) shall continue to receive funds in accordance with

the terms of such grant, contract, or agreement until the date on

which the grant, contract, or agreement period terminates under

such terms.''

Pub. L. 107-110, title X, Sec. 1052, Jan. 8, 2002, 115 Stat.

2083, provided that: ''Notwithstanding any other provision of this

Act (see Tables for classification) or the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of a

person or entity that was awarded a grant, relating to preparing

tomorrow's teachers to use technology, that was made pursuant to

section 3122 of the Elementary and Secondary Education Act of 1965

((formerly) 20 U.S.C. 6832) prior to the date of enactment of this

Act (Jan. 8, 2002), the Secretary of Education shall continue to

provide funds in accordance with the terms of such award until the

date on which the award period terminates.''

TRANSITION PROVISIONS

Pub. L. 107-110, Sec. 4, Jan. 8, 2002, 115 Stat. 1426, provided

that:

''(a) Multi-Year Awards. - Except as otherwise provided in this

Act (see Tables for classification), the recipient of a multi-year

award under the Elementary and Secondary Education Act of 1965

(Pub. L. 89-10, 20 U.S.C. 6301 et seq., prior to general amendment

by Pub. L. 107-110), as that Act was in effect prior to the date of

enactment of this Act (Jan. 8, 2002), shall continue to receive

funds in accordance with the terms of that award, except that no

additional funds may be awarded after September 30, 2002.

''(b) Planning and Transition. - Notwithstanding any other

provision of law, a recipient of funds under the Elementary and

Secondary Education Act of 1965, as that Act was in effect prior to

the date of enactment of this Act, may use funds available to the

recipient under that predecessor authority to carry out necessary

and reasonable planning and transition activities in order to

ensure an orderly implementation of programs authorized by this

Act, and the amendments made by this Act.

''(c) Orderly Transition. - The Secretary shall take such steps

as are necessary to provide for the orderly transition to, and

implementation of, programs authorized by this Act, and by the

amendments made by this Act, from programs authorized by the

Elementary and Secondary Education Act of 1965, as that Act was in

effect prior to the date of enactment of this Act.''

Pub. L. 103-382, Sec. 3(b), Oct. 20, 1994, 108 Stat. 3519,

provided that: ''Notwithstanding any other provision of law, a

recipient of funds under the Elementary and Secondary Education Act

of 1965 (Pub. L. 89-10, formerly chapter 47 (Sec. 2701 et seq.) of

this title, prior to general amendment by Pub. L. 103-382, Sec.

101), as such Act was in effect on the day preceding the date of

enactment of this Act (Oct. 20, 1994), may use funds available to

such recipient under such predecessor authority to carry out

necessary and reasonable planning and transition activities in

order to ensure a smooth implementation of programs authorized by

this Act (see Tables for classification).''

BUDGET COMPLIANCE

Pub. L. 103-382, title V, Sec. 561, Oct. 20, 1994, 108 Stat.

4058, provided that: ''Any authority or requirement to make funds

available under this Act (see Tables for classification) shall be

effective only to the extent provided in appropriations Acts.''

Pub. L. 100-297, title VI, Sec. 6302, Apr. 28, 1988, 102 Stat.

431, provided that: ''Any new spending authority (within the

meaning of section 401 of the Congressional Budget Act of 1974 (2

U.S.C. 651)) which is provided under this Act (see Tables for

classification) shall be effective for any fiscal year only to the

extent or in such amounts as are provided in appropriation Acts.''

-EXEC-

EX. ORD. NO. 13153. ACTIONS TO IMPROVE LOW-PERFORMING SCHOOLS

Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.

6301 et seq.), the Department of Education Appropriations Act, 2000

(as contained in Public Law 106-113) (Pub. L. 106-113, div. B,

Sec. 1000(a)(4) (title III), Nov. 29, 1999, 113 Stat. 1535,

1501A-242, see Tables for classification), and in order to take

actions to improve low-performing schools, it is hereby ordered as

follows:

Section 1. Policy. Since 1993, this Administration has sought to

raise standards for students and to increase accountability in

public education while investing more resources in elementary and

secondary schools. While much has been accomplished - there has

been progress in math and reading achievement, particularly for

low-achieving students and students in our highest poverty schools

- much more can be done, especially for low-performing schools.

Sec. 2. Technical Assistance and Capacity Building. (a) The

Secretary of Education (''Secretary'') shall work with State and

local educational agencies (''LEAs'') to develop and implement a

comprehensive strategy for providing technical assistance and other

assistance to States and LEAs to strengthen their capacity to

improve the performance of schools identified as low performing.

This comprehensive strategy shall include a number of steps, such

as:

(1) providing States, school districts, and schools receiving

funds from the school improvement fund established by Public Law

106-113, as well as other districts and schools identified for

school improvement or corrective action under Title I of the ESEA

(20 U.S.C. 6301 et seq.), with access to the latest research and

information on best practices, including research on instruction

and educator professional development, and with the opportunity

to learn from exemplary schools and exemplary State and local

intervention strategies and from each other, in order to improve

achievement for all students in the low-performing schools;

(2) determining effective ways of providing low-performing

schools with access to resources from other Department of

Education programs, such as funds from the Comprehensive School

Reform Demonstration Program, the Reading Excellence Act (Pub. L.

105-277, div. A, Sec. 101(f) (title VIII), Oct. 21, 1998, 112

Stat. 2681-337, 2681-391, see Tables for classification), the

Eisenhower Professional Development Program, the Class Size

Reduction Program, and the 21st Century Community Learning

Centers Program, and to make effective use of these funds and

Title I funds;

(3) providing States and LEAs with information on effective

strategies to improve the quality of the teaching force,

including strategies for recruiting and retaining highly

qualified teachers in high-poverty schools, and implementing

research-based professional development programs aligned with

challenging standards;

(4) helping States and school districts build partnerships with

technical assistance providers, including, but not limited to,

federally funded laboratories and centers, foundations,

businesses, community-based organizations, institutions of higher

education, reform model providers, and other organizations that

can help local schools improve;

(5) identifying previously low-performing schools that have

made significant achievement gains, and States and school

districts that have been effective in improving the achievement

of all students in low-performing schools, which can serve as

models and resources;

(6) providing assistance and information on how to effectively

involve parents in the school-improvement process, including

effectively involving and informing parents at the beginning of

the school year about improvement goals for their school as well

as the goals for their own children, and reporting on progress

made in achieving these goals;

(7) providing States and LEAs with information on effective

approaches to school accountability, including the effectiveness

of such strategies as school reconstitution, peer review teams,

and financial rewards and incentives;

(8) providing LEAs with information and assistance on the

design and implementation of approaches to choice among public

schools that create incentives for improvement throughout the

local educational agency, especially in the lowest-performing

schools, and that maximize the opportunity of students in

low-performing schools to attend a higher-performing public

school;

(9) exploring the use of well-trained tutors to raise student

achievement through initiatives such as ''America Reads,''

''America Counts,'' and other work-study opportunities to help

low-performing schools;

(10) using a full range of strategies for disseminating

information about effective practices, including interactive

electronic communications;

(11) working with the Department of Interior, Bureau of Indian

Affairs (BIA), to provide technical assistance to BIA-funded

low-performing schools; and

(12) taking other steps that can help improve the quality of

teaching and instruction in low-performing schools.

(b) The Secretary shall, to the extent permitted by law, take

whatever steps the Secretary finds necessary and appropriate to

redirect the resources and technical assistance capability of the

Department of Education (''Department'') to assist States and

localities in improving low-performing schools, and to ensure that

the dissemination of research to help turn around low-performing

schools is a priority of the Department.

Sec. 3. School Improvement Report. To monitor the progress of

LEAs and schools in turning around failing schools, including those

receiving grants from the School Improvement Fund, the Secretary

shall prepare an annual School Improvement Report, to be published

in September of each year, beginning in 2000. The report shall:

(a) describe trends in the numbers of LEAs and schools identified

as needing improvement and subsequent changes in the academic

performance of their students;

(b) identify best practices and significant research findings

that can be used to help turn around low-performing LEAs and

schools; and

Federal efforts to assist States and local school districts in

intervening in low-performing schools, including improving teacher

quality. This report shall be publicly accessible.

Sec. 4. Compliance Monitoring System. Consistent with the

implementation of the School Improvement Fund, the Secretary shall

strengthen the Department's monitoring of ESEA requirements for

identifying and turning around low-performing schools, as well as

any new requirements established for the School Improvement Fund by

Public Law 106-113. The Secretary shall give priority to provisions

that have the greatest bearing on identifying and turning around

low-performing schools, including sections 1116 and 1117 of the

ESEA (20 U.S.C. 6316, 6317), and to developing an ongoing, focused,

and systematic process for monitoring these provisions. This

improved compliance monitoring shall be designed to:

(a) ensure that States and LEAs comply with ESEA requirements;

(b) assist States and LEAs in implementing effective procedures

and strategies that reflect the best research available, as well as

the experience of successful schools, school districts, and States

as they address similar objectives and challenges; and

use of available Federal resources.

Sec. 5. Consultation. The Secretary shall, where appropriate,

consult with executive agencies, State and local education

officials, educators, community-based groups, and others in

carrying out this Executive order.

Sec. 6. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to, and does not create any right or benefit, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person. William J. Clinton.

-CROSS-

DEFINITIONS

Pub. L. 100-297, title VI, Sec. 6301, Apr. 28, 1988, 102 Stat.

431, provided that: ''Except as otherwise provided, for the purpose

of this Act (see Tables for classification) the terms used in this

Act have the meanings provided under section 1471 of chapter 1 of

title I of the Elementary and Secondary Education Act of 1965

(formerly 20 U.S.C. 2891).''

-CITE-

20 USC Sec. 6302 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6302. Authorization of appropriations

-STATUTE-

(a) Local educational agency grants

For the purpose of carrying out part A of this subchapter, there

are authorized to be appropriated -

(1) $13,500,000,000 for fiscal year 2002;

(2) $16,000,000,000 for fiscal year 2003;

(3) $18,500,000,000 for fiscal year 2004;

(4) $20,500,000,000 for fiscal year 2005;

(5) $22,750,000,000 for fiscal year 2006; and

(6) $25,000,000,000 for fiscal year 2007.

(b) Reading First

(1) Reading First

For the purpose of carrying out subpart 1 of part B of this

subchapter, there are authorized to be appropriated $900,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(2) Early Reading First

For the purpose of carrying out subpart 2 of part B of this

subchapter, there are authorized to be appropriated $75,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(3) Even Start

For the purpose of carrying out subpart 3 of part B of this

subchapter, there are authorized to be appropriated $260,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

(4) Improving literacy through school libraries

For the purpose of carrying out subpart 4 of part B of this

subchapter, there are authorized to be appropriated $250,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

For the purpose of carrying out part C of this subchapter, there

are authorized to be appropriated $410,000,000 for fiscal year 2002

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

(d) Prevention and intervention programs for youth who are

neglected, delinquent, or at risk

For the purpose of carrying out part D of this subchapter, there

are authorized to be appropriated $50,000,000 for fiscal year 2002

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

(e) Federal activities

(1) Sections 6491 and 6492

For the purpose of carrying out sections 6491 and 6492 of this

title, there are authorized to be appropriated such sums as may

be necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

(2) Section 6494

(A) In general

For the purpose of carrying out section 6494 of this title,

there are authorized to be appropriated such sums as may be

necessary for fiscal year 2002 and for each of the 5 succeeding

fiscal years.

(B) Special rule

Of the funds appropriated pursuant to subparagraph (A), not

more than 30 percent may be used for teachers associated with

students participating in the programs described in subsections

(a)(1), (b)(1), and (c)(1) of this section.

(f) Comprehensive school reform

For the purpose of carrying out part F of this subchapter, there

are authorized to be appropriated such sums as may be necessary for

fiscal year 2002 and each of the 5 succeeding fiscal years.

(g) Advanced placement

For the purposes of carrying out part G of this subchapter, there

are authorized to be appropriated such sums for fiscal year 2002

and each 5 succeeding fiscal year.

(h) School dropout prevention

For the purpose of carrying out part H of this subchapter, there

are authorized to be appropriated $125,000,000 for fiscal year 2002

and such sums as may be necessary for each of the 5 succeeding

fiscal years, of which -

(1) up to 10 percent shall be available to carry out subpart 1

of part H of this subchapter for each fiscal year; and

(2) the remainder shall be available to carry out subpart 2 of

part H of this subchapter for each fiscal year.

(i) School improvement

For the purpose of carrying out section 6303(g) of this title,

there are authorized to be appropriated $500,000,000 for fiscal

year 2002 and such sums as may be necessary for each of the 5

succeeding fiscal years.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1002, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1440.)

-MISC1-

PRIOR PROVISIONS

A prior section 6302, Pub. L. 89-10, title I, Sec. 1002, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522;

amended Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec.

1602), Dec. 21, 2000, 114 Stat. 2763, 2763A-328, authorized

appropriations, prior to the general amendment of this subchapter

by Pub. L. 107-110.

A prior section 1002 of Pub. L. 89-10 was renumbered section 9002

and was classified to section 3382 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6331, 6332, 6362, 6372,

6376, 6381a, 6383, 6421, 6491, 6492, 6512, 6533, 6649 of this

title.

-CITE-

20 USC Sec. 6303 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6303. School improvement

-STATUTE-

(a) State reservations

Each State shall reserve 2 percent of the amount the State

receives under subpart 2 of part A of this subchapter for fiscal

years 2002 and 2003, and 4 percent of the amount received under

such subpart for fiscal years 2004 through 2007, to carry out

subsection (b) of this section and to carry out the State's

responsibilities under sections 6316 and 6317 of this title,

including carrying out the State educational agency's statewide

system of technical assistance and support for local educational

agencies.

(b) Uses

Of the amount reserved under subsection (a) of this section for

any fiscal year, the State educational agency -

(1) shall allocate not less than 95 percent of that amount

directly to local educational agencies for schools identified for

school improvement, corrective action, and restructuring, for

activities under section 6316(b) of this title; or

(2) may, with the approval of the local educational agency,

directly provide for these activities or arrange for their

provision through other entities such as school support teams or

educational service agencies.

The State educational agency, in allocating funds to local

educational agencies under this section, shall give priority to

local educational agencies that -

(1) serve the lowest-achieving schools;

(2) demonstrate the greatest need for such funds; and

(3) demonstrate the strongest commitment to ensuring that such

funds are used to enable the lowest-achieving schools to meet the

progress goals in school improvement plans under section

6316(b)(3)(A)(v) of this title.

(d) Unused funds

If, after consultation with local educational agencies in the

State, the State educational agency determines that the amount of

funds reserved to carry out subsection (b) of this section is

greater than the amount needed to provide the assistance described

in that subsection, the State educational agency shall allocate the

excess amount to local educational agencies in accordance with -

(1) the relative allocations the State educational agency made

to those agencies for that fiscal year under subpart 2 of part A

of this subchapter; or

(2) section 6338(c) of this title.

(e) Special rule

Notwithstanding any other provision of this section, the amount

of funds reserved by the State educational agency under subsection

(a) of this section in any fiscal year shall not decrease the

amount of funds each local educational agency receives under

subpart 2 (FOOTNOTE 1) below the amount received by such local

educational agency under such subpart for the preceding fiscal

year.

(FOOTNOTE 1) So in original. Probably should be ''subpart 2 of

part A of this subchapter''.

(f) Reporting

The State educational agency shall make publicly available a list

of those schools that have received funds or services pursuant to

subsection (b) of this section and the percentage of students from

each school from families with incomes below the poverty line.

(g) Assistance for local school improvement

(1) Program authorized

The Secretary shall award grants to States to enable the States

to provide subgrants to local educational agencies for the

purpose of providing assistance for school improvement consistent

with section 6316 of this title.

(2) State allotments

Such grants shall be allotted among States, the Bureau of

Indian Affairs, and the outlying areas, in proportion to the

funds received by the States, the Bureau of Indian Affairs, and

the outlying areas, respectively, for the fiscal year under parts

A, C, and D of this subchapter. The Secretary shall

expeditiously allot a portion of such funds to States for the

purpose of assisting local educational agencies and schools that

were in school improvement status on the date preceding January

8, 2002.

(3) Reallocations

If a State does not receive funds under this subsection, the

Secretary shall reallocate such funds to other States in the same

proportion funds are allocated under paragraph (2).

(4) State applications

Each State educational agency that desires to receive funds

under this subsection shall submit an application to the

Secretary at such time, and containing such information, as the

Secretary shall reasonably require, except that such requirement

shall be waived if a State educational agency submitted such

information as part of its State plan under this part. Each

State application shall describe how the State educational agency

will allocate such funds in order to assist the State educational

agency and local educational agencies in complying with school

improvement, corrective action, and restructuring requirements of

section 6316 of this title.

(5) Local educational agency grants

A grant to a local educational agency under this subsection

shall be -

(A) of sufficient size and scope to support the activities

required under sections 6316 and 6317 of this title, but not

less than $50,000 and not more than $500,000 for each

participating school;

(B) integrated with other funds awarded by the State under

this chapter; and

are meeting the goals in their school improvement plans

developed under section 6316 of this title.

(6) Priority

The State, in awarding such grants, shall give priority to

local educational agencies with the lowest-achieving schools that

demonstrate -

(A) the greatest need for such funds; and

(B) the strongest commitment to ensuring that such funds are

used to provide adequate resources to enable the

lowest-achieving schools to meet the goals under school and

local educational agency improvement, corrective action, and

restructuring plans under section 6316 of this title.

(7) Allocation

A State educational agency that receives a grant under this

subsection shall allocate at least 95 percent of the grant funds

directly to local educational agencies for schools identified for

school improvement, corrective action, or restructuring to carry

out activities under section 6316(b) of this title, or may, with

the approval of the local educational agency, directly provide

for these activities or arrange for their provision through other

entities such as school support teams or educational service

agencies.

(8) Administrative costs

A State educational agency that receives a grant award under

this subsection may reserve not more than 5 percent of such grant

funds for administration, evaluation, and technical assistance

expenses.

(9) Local awards

Each local educational agency that applies for assistance under

this subsection shall describe how it will provide the

lowest-achieving schools the resources necessary to meet goals

under school and local educational agency improvement, corrective

action, and restructuring plans under section 6316 of this title.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1003, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1442.)

-MISC1-

PRIOR PROVISIONS

A prior section 6303, Pub. L. 89-10, title I, Sec. 1003, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522,

related to reservation and allocation for school improvement, prior

to the general amendment of this subchapter by Pub. L. 107-110.

A prior section 1003 of Pub. L. 89-10 was renumbered section 9003

and was classified to section 3383 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6302, 6317, 7305b of this

title.

-CITE-

20 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

-HEAD-

Sec. 6304. State administration

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, to carry

out administrative duties assigned under parts A, C, and D of this

subchapter, each State may reserve the greater of -

(1) 1 percent of the amounts received under such parts; or

(2) $400,000 ($50,000 in the case of each outlying area).

(b) Exception

If the sum of the amounts appropriated for parts A, C, and D of

this subchapter is equal to or greater than $14,000,000,000, then

the reservation described in subsection (a)(1) of this section

shall not exceed 1 percent of the amount the State would receive,

if $14,000,000,000 were allocated among the States for parts A, C,

and D of this subchapter.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1004, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1444.)

-MISC1-

PRIOR PROVISIONS

A prior section 1004 of Pub. L. 89-10 was renumbered section 9004

and was classified to section 3384 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6317, 7315a of this

title.

-CITE-

20 USC Part A - Improving Basic Programs Operated by

Local Educational Agencies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

-HEAD-

Part A - Improving Basic Programs Operated by Local Educational

Agencies

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1401, 5891b, 6302, 6303,

6304, 6362, 6381a, 6381e, 6381g, 6383, 6394, 6396, 6422, 6491,

6514, 6515, 6516, 6561a, 6561e, 6574, 6622, 6641, 6672, 6761, 6762,

6965, 7114, 7174, 7221e, 7221f, 7255b, 7255c, 7255f, 7257a, 7273e,

7279b, 7301a, 7305b, 7345, 7345a, 7351a, 7713, 7801, 7861 of this

title; title 31 section 6703; title 42 section 1862n.

-CITE-

20 USC subpart 1 - basic program requirements 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

subpart 1 - basic program requirements

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7011, 7325 of this title.

-CITE-

20 USC Sec. 6311 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6311. State plans

-STATUTE-

(a) Plans required

(1) In general

For any State desiring to receive a grant under this part, the

State educational agency shall submit to the Secretary a plan,

developed by the State educational agency, in consultation with

local educational agencies, teachers, principals, pupil services

personnel, administrators (including administrators of programs

described in other parts of this subchapter), other staff, and

parents, that satisfies the requirements of this section and that

is coordinated with other programs under this chapter, the

Individuals with Disabilities Education Act (20 U.S.C. 1400 et

seq.), the Carl D. Perkins Vocational and Technical Education Act

of 1998 (20 U.S.C. 2301 et seq.), the Head Start Act (42 U.S.C.

9831 et seq.), the Adult Education and Family Literacy Act (20

U.S.C. 9201 et seq.), and the McKinney-Vento Homeless Assistance

Act (42 U.S.C. 11301 et seq.).

(2) Consolidated plan

A State plan submitted under paragraph (1) may be submitted as

part of a consolidated plan under section 7842 of this title.

(b) Academic standards, academic assessments, and accountability

(1) Challenging academic standards

(A) In general

Each State plan shall demonstrate that the State has adopted

challenging academic content standards and challenging student

academic achievement standards that will be used by the State,

its local educational agencies, and its schools to carry out

this part, except that a State shall not be required to submit

such standards to the Secretary.

(B) Same standards

The academic standards required by subparagraph (A) shall be

the same academic standards that the State applies to all

schools and children in the State.

The State shall have such academic standards for all public

elementary school and secondary school children, including

children served under this part, in subjects determined by the

State, but including at least mathematics, reading or language

arts, and (beginning in the 2005-2006 school year) science,

which shall include the same knowledge, skills, and levels of

achievement expected of all children.

(D) Challenging academic standards

Standards under this paragraph shall include -

(i) challenging academic content standards in academic

subjects that -

(I) specify what children are expected to know and be

able to do;

(II) contain coherent and rigorous content; and

(III) encourage the teaching of advanced skills; and

(ii) challenging student academic achievement standards

that -

(I) are aligned with the State's academic content

standards;

(II) describe two levels of high achievement (proficient

and advanced) that determine how well children are

mastering the material in the State academic content

standards; and

(III) describe a third level of achievement (basic) to

provide complete information about the progress of the

lower-achieving children toward mastering the proficient

and advanced levels of achievement.

(E) Information

For the subjects in which students will be served under this

part, but for which a State is not required by subparagraphs

(A), (B), and (C) to develop, and has not otherwise developed,

such academic standards, the State plan shall describe a

strategy for ensuring that students are taught the same

knowledge and skills in such subjects and held to the same

expectations as are all children.

(F) Existing standards

Nothing in this part shall prohibit a State from revising,

consistent with this section, any standard adopted under this

part before or after January 8, 2002.

(2) Accountability

(A) In general

Each State plan shall demonstrate that the State has

developed and is implementing a single, statewide State

accountability system that will be effective in ensuring that

all local educational agencies, public elementary schools, and

public secondary schools make adequate yearly progress as

defined under this paragraph. Each State accountability system

shall -

(i) be based on the academic standards and academic

assessments adopted under paragraphs (1) and (3), and other

academic indicators consistent with subparagraph (C)(vi) and

(vii), and shall take into account the achievement of all

public elementary school and secondary school students;

(ii) be the same accountability system the State uses for

all public elementary schools and secondary schools or all

local educational agencies in the State, except that public

elementary schools, secondary schools, and local educational

agencies not participating under this part are not subject to

the requirements of section 6316 of this title; and

(iii) include sanctions and rewards, such as bonuses and

recognition, the State will use to hold local educational

agencies and public elementary schools and secondary schools

accountable for student achievement and for ensuring that

they make adequate yearly progress in accordance with the

State's definition under subparagraphs (B) and (C).

(B) Adequate yearly progress

Each State plan shall demonstrate, based on academic

assessments described in paragraph (3), and in accordance with

this paragraph, what constitutes adequate yearly progress of

the State, and of all public elementary schools, secondary

schools, and local educational agencies in the State, toward

enabling all public elementary school and secondary school

students to meet the State's student academic achievement

standards, while working toward the goal of narrowing the

achievement gaps in the State, local educational agencies, and

schools.

''Adequate yearly progress'' shall be defined by the State in

a manner that -

(i) applies the same high standards of academic achievement

to all public elementary school and secondary school students

in the State;

(ii) is statistically valid and reliable;

(iii) results in continuous and substantial academic

improvement for all students;

(iv) measures the progress of public elementary schools,

secondary schools and local educational agencies and the

State based primarily on the academic assessments described

in paragraph (3);

(v) includes separate measurable annual objectives for

continuous and substantial improvement for each of the

following:

(I) The achievement of all public elementary school and

secondary school students.

(II) The achievement of -

(aa) economically disadvantaged students;

(bb) students from major racial and ethnic groups;

(cc) students with disabilities; and

(dd) students with limited English proficiency;

except that disaggregation of data under subclause (II) 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 personally

identifiable information about an individual student;

(vi) in accordance with subparagraph (D), includes

graduation rates for public secondary school students

(defined as the percentage of students who graduate from

secondary school with a regular diploma in the standard

number of years) and at least one other academic indicator,

as determined by the State for all public elementary school

students; and

(vii) in accordance with subparagraph (D), at the State's

discretion, may also include other academic indicators, as

determined by the State for all public school students,

measured separately for each group described in clause (v),

such as achievement on additional State or locally

administered assessments, decreases in grade-to-grade

retention rates, attendance rates, and changes in the

percentages of students completing gifted and talented,

advanced placement, and college preparatory courses.

(D) Requirements for other indicators

In carrying out subparagraph (C)(vi) and (vii), the State -

(i) shall ensure that the indicators described in those

provisions are valid and reliable, and are consistent with

relevant, nationally recognized professional and technical

standards, if any; and

(ii) except as provided in subparagraph (I)(i), may not use

those indicators to reduce the number of, or change, the

schools that would otherwise be subject to school

improvement, corrective action, or restructuring under

section 6316 of this title if those additional indicators

were not used, but may use them to identify additional

schools for school improvement or in need of corrective

action or restructuring.

(E) Starting point

Each State, using data for the 2001-2002 school year, shall

establish the starting point for measuring, under subparagraphs

(G) and (H), the percentage of students meeting or exceeding

the State's proficient level of academic achievement on the

State assessments under paragraph (3) and pursuant to the

timeline described in subparagraph (F). The starting point

shall be, at a minimum, based on the higher of the percentage

of students at the proficient level who are in -

(i) the State's lowest achieving group of students

described in subparagraph (C)(v)(II); or

(ii) the school at the 20th percentile in the State, based

on enrollment, among all schools ranked by the percentage of

students at the proficient level.

(F) Timeline

Each State shall establish a timeline for adequate yearly

progress. The timeline shall ensure that not later than 12

years after the end of the 2001-2002 school year, all students

in each group described in subparagraph (C)(v) will meet or

exceed the State's proficient level of academic achievement on

the State assessments under paragraph (3).

(G) Measurable objectives

Each State shall establish statewide annual measurable

objectives, pursuant to subparagraph (C)(v), for meeting the

requirements of this paragraph, and which -

(i) shall be set separately for the assessments of

mathematics and reading or language arts under subsection

(a)(3) of this section;

(ii) shall be the same for all schools and local

educational agencies in the State;

(iii) shall identify a single minimum percentage of

students who are required to meet or exceed the proficient

level on the academic assessments that applies separately to

each group of students described in subparagraph (C)(v);

(iv) shall ensure that all students will meet or exceed the

State's proficient level of academic achievement on the State

assessments within the State's timeline under subparagraph

(F); and

(v) may be the same for more than 1 year, subject to the

requirements of subparagraph (H).

(H) Intermediate goals for annual yearly progress

Each State shall establish intermediate goals for meeting the

requirements, including the measurable objectives in

subparagraph (G), of this paragraph and that shall -

(i) increase in equal increments over the period covered by

the State's timeline under subparagraph (F);

(ii) provide for the first increase to occur in not more

than 2 years; and

(iii) provide for each following increase to occur in not

more than 3 years.

(I) Annual improvement for schools

Each year, for a school to make adequate yearly progress

under this paragraph -

(i) each group of students described in subparagraph (C)(v)

must meet or exceed the objectives set by the State under

subparagraph (G), except that if any group described in

subparagraph (C)(v) does not meet those objectives in any

particular year, the school shall be considered to have made

adequate yearly progress if the percentage of students in

that group who did not meet or exceed the proficient level of

academic achievement on the State assessments under paragraph

(3) for that year decreased by 10 percent of that percentage

from the preceding school year and that group made progress

on one or more of the academic indicators described in

subparagraph (C)(vi) or (vii); and

(ii) not less than 95 percent of each group of students

described in subparagraph (C)(v) who are enrolled in the

school are required to take the assessments, consistent with

paragraph (3)(C)(xi) and with accommodations, guidelines, and

alternative assessments provided in the same manner as those

provided under section 612(a)(17)(A) of the Individuals with

Disabilities Education Act (20 U.S.C. 1412(a)(17)(A)) and

paragraph (3), on which adequate yearly progress is based

(except that the 95 percent requirement described in this

clause shall not apply in a case in which the number of

students in a category is insufficient to yield statistically

reliable information or the results would reveal personally

identifiable information about an individual student).

(J) Uniform averaging procedure

For the purpose of determining whether schools are making

adequate yearly progress, the State may establish a uniform

procedure for averaging data which includes one or more of the

following:

(i) The State may average data from the school year for

which the determination is made with data from one or two

school years immediately preceding that school year.

(ii) Until the assessments described in paragraph (3) are

administered in such manner and time to allow for the

implementation of the uniform procedure for averaging data

described in clause (i), the State may use the academic

assessments that were required under paragraph (3) as that

paragraph was in effect on the day preceding January 8, 2002,

provided that nothing in this clause shall be construed to

undermine or delay the determination of adequate yearly

progress, the requirements of section 6316 of this title, or

the implementation of assessments under this section.

(iii) The State may use data across grades in a school.

(K) Accountability for charter schools

The accountability provisions under this chapter shall be

overseen for charter schools in accordance with State charter

school law.

(3) Academic assessments

(A) In general

Each State plan shall demonstrate that the State educational

agency, in consultation with local educational agencies, has

implemented a set of high-quality, yearly student academic

assessments that include, at a minimum, academic assessments in

mathematics, reading or language arts, and science that will be

used as the primary means of determining the yearly performance

of the State and of each local educational agency and school in

the State in enabling all children to meet the State's

challenging student academic achievement standards, except that

no State shall be required to meet the requirements of this

part relating to science assessments until the beginning of the

2007-2008 school year.

(B) Use of assessments

Each State educational agency may incorporate the data from

the assessments under this paragraph into a State-developed

longitudinal data system that links student test scores, length

of enrollment, and graduation records over time.

Such assessments shall -

(i) be the same academic assessments used to measure the

achievement of all children;

(ii) be aligned with the State's challenging academic

content and student academic achievement standards, and

provide coherent information about student attainment of such

standards;

(iii) be used for purposes for which such assessments are

valid and reliable, and be consistent with relevant,

nationally recognized professional and technical standards;

(iv) be used only if the State educational agency provides

to the Secretary evidence from the test publisher or other

relevant sources that the assessments used are of adequate

technical quality for each purpose required under this

chapter and are consistent with the requirements of this

section, and such evidence is made public by the Secretary

upon request;

(v)(I) except as otherwise provided for grades 3 through 8

under clause vii, measure the proficiency of students in, at

a minimum, mathematics and reading or language arts, and be

administered not less than once during -

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(II) beginning not later than school year 2007-2008,

measure the proficiency of all students in science and be

administered not less than one time during -

(aa) grades 3 through 5;

(bb) grades 6 through 9; and

(cc) grades 10 through 12;

(vi) involve multiple up-to-date measures of student

academic achievement, including measures that assess

higher-order thinking skills and understanding;

(vii) beginning not later than school year 2005-2006,

measure the achievement of students against the challenging

State academic content and student academic achievement

standards in each of grades 3 through 8 in, at a minimum,

mathematics, and reading or language arts, except that the

Secretary may provide the State 1 additional year if the

State demonstrates that exceptional or uncontrollable

circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the

State, prevented full implementation of the academic

assessments by that deadline and that the State will complete

implementation within the additional 1-year period;

(viii) at the discretion of the State, measure the

proficiency of students in academic subjects not described in

clauses (v), (vi), (vii) in which the State has adopted

challenging academic content and academic achievement

standards;

(ix) provide for -

(I) the participation in such assessments of all

students;

(II) the reasonable adaptations and accommodations for

students with disabilities (as defined under section 602(3)

of the Individuals with Disabilities Education Act (20

U.S.C. 1401(3))) necessary to measure the academic

achievement of such students relative to State academic

content and State student academic achievement standards;

and

(III) the inclusion of limited English proficient

students, who shall be assessed in a valid and reliable

manner and provided reasonable accommodations on

assessments administered to such students under this

paragraph, including, to the extent practicable,

assessments in the language and form most likely to yield

accurate data on what such students know and can do in

academic content areas, until such students have achieved

English language proficiency as determined under paragraph

(7);

(x) notwithstanding subclause (III), the academic

assessment (using tests written in English) of reading or

language arts of any student who has attended school in the

United States (not including Puerto Rico) for three or more

consecutive school years, except that if the local

educational agency determines, on a case-by-case individual

basis, that academic assessments in another language or form

would likely yield more accurate and reliable information on

what such student knows and can do, the local educational

agency may make a determination to assess such student in the

appropriate language other than English for a period that

does not exceed two additional consecutive years, provided

that such student has not yet reached a level of English

language proficiency sufficient to yield valid and reliable

information on what such student knows and can do on tests

(written in English) of reading or language arts;

(xi) 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

educational agency;

(xii) produce individual student interpretive, descriptive,

and diagnostic reports, consistent with clause (iii) that

allow parents, teachers, and principals to understand and

address the specific academic needs of students, and include

information regarding achievement on academic assessments

aligned with State academic achievement standards, and that

are provided to parents, teachers, and principals, as soon as

is practicably possible after the assessment is given, in an

understandable and uniform format, and to the extent

practicable, in a language that parents can understand;

(xiii) enable results to be disaggregated within each

State, local educational agency, and school by gender, by

each major racial and ethnic group, by English proficiency

status, by migrant status, by students with disabilities as

compared to nondisabled students, and by economically

disadvantaged students as compared to students who are not

economically disadvantaged, except that, in the case of a

local educational agency or a school, 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 personally

identifiable information about an individual student;

(xiv) be consistent with widely accepted professional

testing standards, objectively measure academic achievement,

knowledge, and skills, and be tests that do not evaluate or

assess personal or family beliefs and attitudes, or publicly

disclose personally identifiable information; and

(xv) enable itemized score analyses to be produced and

reported, consistent with clause (iii), to local educational

agencies and schools, so that parents, teachers, principals,

and administrators can interpret and address the specific

academic needs of students as indicated by the students'

achievement on assessment items.

(D) Deferral

A State may defer the commencement, or suspend the

administration, but not cease the development, of the

assessments described in this paragraph, that were not required

prior to January 8, 2002, for 1 year for each year for which

the amount appropriated for grants under section 7301b(a)(2) of

this title is less than -

(i) $370,000,000 for fiscal year 2002;

(ii) $380,000,000 for fiscal year 2003;

(iii) $390,000,000 for fiscal year 2004; and

(iv) $400,000,000 for fiscal years 2005 through 2007.

(4) Special rule

Academic assessment measures in addition to those in paragraph

(3) that do not meet the requirements of such paragraph may be

included in the assessment under paragraph (3) as additional

measures, but may not be used in lieu of the academic assessments

required under paragraph (3). Such additional assessment measures

may not be used to reduce the number of or change, the schools

that would otherwise be subject to school improvement, corrective

action, or restructuring under section 6316 of this title if such

additional indicators were not used, but may be used to identify

additional schools for school improvement or in need of

corrective action or restructuring except as provided in

paragraph (2)(I)(i).

(5) State authority

If a State educational agency provides evidence, which 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 academic achievement standards, and academic

assessments aligned with such academic standards, which will be

applicable to all students enrolled in the State's public

elementary schools and secondary schools, then the State

educational agency may meet the requirements of this subsection

by -

(A) adopting academic standards and academic assessments that

meet the requirements of this subsection, on a statewide basis,

and limiting their applicability to students served under this

part; or

(B) adopting and implementing policies that ensure that each

local educational agency in the State that receives grants

under this part will adopt curriculum content and student

academic achievement standards, and academic assessments

aligned with such standards, which -

(i) meet all of the criteria in this subsection and any

regulations regarding such standards and assessments that the

Secretary may publish; and

(ii) are applicable to all students served by each such

local educational agency.

(6) Language assessments

Each State plan shall identify the languages other than English

that are present in the participating student population and

indicate the languages for which yearly student academic

assessments are not available and are needed. The State shall

make every effort to develop such assessments and may request

assistance from the Secretary if linguistically accessible

academic assessment measures are needed. Upon request, the

Secretary shall assist with the identification of appropriate

academic assessment measures in the needed languages, but shall

not mandate a specific academic assessment or mode of

instruction.

(7) Academic assessments of English language proficiency

Each State plan shall demonstrate that local educational

agencies in the State will, beginning not later than school year

2002-2003, provide for an annual assessment of English

proficiency (measuring students' oral language, reading, and

writing skills in English) of all students with limited English

proficiency in the schools served by the State educational

agency, except that the Secretary may provide the State 1

additional year if the State demonstrates that exceptional or

uncontrollable circumstances, such as a natural disaster or a

precipitous and unforeseen decline in the financial resources of

the State, prevented full implementation of this paragraph by

that deadline and that the State will complete implementation

within the additional 1-year period.

(8) 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 capacity to comply with each of the requirements of

sections 6312(c)(1)(D), 6314(b), and 6315(c) of this title that

is applicable to such agency or school;

(B) how the State educational agency will assist each local

educational agency and school affected by the State plan to

provide additional educational assistance to individual

students assessed as needing help to achieve the State's

challenging academic achievement standards;

to ensure that both schoolwide programs and targeted assistance

schools provide instruction by highly qualified instructional

staff as required by sections 6314(b)(1)(C) and 6315(c)(1)(E)

of this title, including steps that the State educational

agency will take to ensure that poor and minority children are

not taught at higher rates than other children by

inexperienced, unqualified, or out-of-field teachers, and the

measures that the State educational agency will use to evaluate

and publicly report the progress of the State educational

agency with respect to such steps;

(D) an assurance that the State educational agency will

assist local educational agencies in developing or identifying

high-quality effective curricula aligned with State academic

achievement standards and how the State educational agency will

disseminate such curricula to each local educational agency and

school within the State; and

(E) such other factors the State educational agency

determines appropriate to provide students an opportunity to

achieve the knowledge and skills described in the challenging

academic content standards adopted by the State.

(9) Factors affecting student achievement

Each State plan shall include an assurance that the State

educational agency will coordinate and collaborate, to the extent

feasible and necessary as determined by the State educational

agency, with agencies providing services to children, youth, and

families, with respect to local educational agencies within the

State that are identified under section 6316 of this title and

that request assistance with addressing major factors that have

significantly affected the academic achievement of students in

the local educational agency or schools served by such agency.

(10) Use of academic assessment results to improve student

academic achievement

Each State plan shall describe how the State educational agency

will ensure that the results of the State assessments described

in paragraph (3) -

(A) will be promptly provided to local educational agencies,

schools, and teachers in a manner that is clear and easy to

understand, but not later than before the beginning of the next

school year; and

(B) be used by those local educational agencies, schools, and

teachers to improve the educational achievement of individual

students.

Each State plan shall contain assurances that -

(1) the State educational agency will meet the requirements of

subsection (h)(1) of this section and, beginning with the

2002-2003 school year, will produce the annual State report cards

described in such subsection, except that the Secretary may

provide the State educational agency 1 additional year if the

State educational agency demonstrates that exceptional or

uncontrollable circumstances, such as a natural disaster or a

precipitous and unforeseen decline in the financial resources of

the State, prevented full implementation of this paragraph by

that deadline and that the State will complete implementation

within the additional 1-year period;

(2) the State will, beginning in school year 2002-2003,

participate in biennial State academic assessments of 4th and 8th

grade reading and mathematics under the National Assessment of

Educational Progress carried out under section 9622(b)(2) of this

title if the Secretary pays the costs of administering such

assessments;

(3) the State educational agency, in consultation with the

Governor, will include, as a component of the State plan, a plan

to carry out the responsibilities of the State under sections

6316 and 6317 of this title, including carrying out the State

educational agency's statewide system of technical assistance and

support for local educational agencies;

(4) 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 schools, including technical assistance

in providing professional development under section 6319 of this

title, technical assistance under section 6317 of this title, and

technical assistance relating to parental involvement under

section 6318 of this title;

(5)(A) where educational service agencies exist, the State

educational agency will consider providing professional

development and technical assistance through such agencies; and

(B) where educational service agencies do not exist, the State

educational agency will consider providing professional

development and technical assistance through other cooperative

agreements such as through a consortium of local educational

agencies;

(6) the State educational agency will notify local educational

agencies and the public of the content and student academic

achievement standards and academic assessments developed under

this section, and of the authority to operate schoolwide

programs, and will fulfill the State educational agency's

responsibilities regarding local educational agency improvement

and school improvement under section 6316 of this title,

including such corrective actions as are necessary;

(7) the State educational agency will provide the least

restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program

assisted under this part;

(8) the State educational agency will inform the Secretary and

the public of how Federal laws, if at all, hinder the ability of

States to hold local educational agencies and schools accountable

for student academic achievement;

(9) the State educational agency will encourage schools to

consolidate funds from other Federal, State, and local sources

for schoolwide reform in schoolwide programs under section 6314

of this title;

(10) the State educational agency will modify or eliminate

State fiscal and accounting barriers so that schools can easily

consolidate funds from other Federal, State, and local sources

for schoolwide programs under section 6314 of this title;

(11) the State educational agency has involved the committee of

practitioners established under section 6573(b) of this title in

developing the plan and monitoring its implementation;

(12) the State educational agency will inform local educational

agencies in the State of the local educational agency's authority

to transfer funds under subchapter VI of this chapter, to obtain

waivers under part D of subchapter IX of this chapter, and, if

the State is an Ed-Flex Partnership State, to obtain waivers

under the Education Flexibility Partnership Act of 1999;

(13) the State educational agency will coordinate activities

funded under this part with other Federal activities as

appropriate; and

(14) the State educational agency will encourage local

educational agencies and individual schools participating in a

program assisted under this part to offer family literacy

services (using funds under this part), if the agency or school

determines that a substantial number of students served under

this part by the agency or school have parents who do not have a

secondary school diploma or its recognized equivalent or who have

low levels of literacy.

(d) Parental involvement

Each State plan shall describe how the State educational agency

will support the collection and dissemination to local educational

agencies and schools of effective parental involvement practices.

Such practices shall -

(1) be based on the most current research that meets the

highest professional and technical standards, on effective

parental involvement that fosters achievement to high standards

for all children; and

(2) be geared toward lowering barriers to greater participation

by parents in school planning, review, and improvement

experienced.

(e) Peer review and Secretarial approval

(1) Secretarial duties

The Secretary shall -

(A) establish a peer-review process to assist in the review

of State plans;

(B) appoint individuals to the peer-review process who are

representative of parents, teachers, State educational

agencies, and local educational agencies, and who are familiar

with educational standards, assessments, accountability, the

needs of low-performing schools, and other educational needs of

students;

unless the Secretary determines that the plan does not meet the

requirements of this section;

(D) if the Secretary determines that the State plan does not

meet the requirements of subsection (a), (b), or (c) of this

section, immediately notify the State of such determination and

the reasons for such determination;

(E) not decline to approve a State's plan before -

(i) offering the State an opportunity to revise its plan;

(ii) providing technical assistance in order to assist the

State to meet the requirements of subsections (a), (b), and

(iii) providing a hearing; and

(F) have the authority to disapprove a State plan for not

meeting the requirements of this part, 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 one or

more specific elements of the State's academic content

standards or to use specific academic assessment instruments or

items.

(2) State revisions

A State plan shall be revised by the State educational agency

if it is necessary to satisfy the requirements of this section.

(f) 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 as necessary by the

State educational agency to reflect changes in the State's

strategies and programs under this part.

(2) Additional information

If significant changes are made to a State's plan, such as the

adoption of new State academic content standards and State

student achievement standards, new academic assessments, or a new

definition of adequate yearly progress, such information shall be

submitted to the Secretary.

(g) Penalties

(1) Failure to meet deadlines enacted in 1994

(A) In general

If a State fails to meet the deadlines established by the

Improving America's Schools Act of 1994 (or under any waiver

granted by the Secretary or under any compliance agreement with

the Secretary) for demonstrating that the State has in place

challenging academic content standards and student achievement

standards, and a system for measuring and monitoring adequate

yearly progress, the Secretary shall withhold 25 percent of the

funds that would otherwise be available to the State for State

administration and activities under this part in each year

until the Secretary determines that the State meets those

requirements.

(B) No extension

Notwithstanding any other provision of law, 90 days after

January 8, 2002, the Secretary shall not grant any additional

waivers of, or enter into any additional compliance agreements

to extend, the deadlines described in subparagraph (A) for any

State.

(2) Failure to meet requirements enacted in 2001

If a State fails to meet any of the requirements of this

section, other than the requirements described in paragraph (1),

then the Secretary may withhold funds for State administration

under this part until the Secretary determines that the State has

fulfilled those requirements.

(h) Reports

(1) Annual State report card

(A) In general

Not later than the beginning of the 2002-2003 school year,

unless the State has received a 1-year extension pursuant to

subsection (c)(1) of this section, a State that receives

assistance under this part shall prepare and disseminate an

annual State report card.

(B) Implementation

The State report card shall be -

(i) concise; and

(ii) presented in an understandable and uniform format and,

to the extent practicable, provided in a language that the

parents can understand.

The State shall include in its annual State report card -

(i) information, in the aggregate, on student achievement

at each proficiency level on the State academic assessments

described in subsection (b)(3) of this section (disaggregated

by race, ethnicity, gender, disability status, migrant

status, English proficiency, and status as 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 statistically reliable

information or the results would reveal personally

identifiable information about an individual student);

(ii) information that provides a comparison between the

actual achievement levels of each group of students described

in subsection (b)(2)(C)(v) of this section and the State's

annual measurable objectives for each such group of students

on each of the academic assessments required under this part;

(iii) the percentage of students not tested (disaggregated

by the same categories and subject to the same exception

described in clause (i));

(iv) the most recent 2-year trend in student achievement in

each subject area, and for each grade level, for which

assessments under this section are required;

(v) aggregate information on any other indicators used by

the State to determine the adequate yearly progress of

students in achieving State academic achievement standards;

(vi) graduation rates for secondary school students

consistent with subsection (b)(2)(C)(vi) of this section;

(vii) information on the performance of local educational

agencies in the State regarding making adequate yearly

progress, including the number and names of each school

identified for school improvement under section 6316 of this

title; and

(viii) the professional qualifications of teachers in the

State, the percentage of such teachers teaching with

emergency or provisional credentials, and the percentage of

classes in the State not taught by highly qualified teachers,

in the aggregate and disaggregated by high-poverty compared

to low-poverty schools which, for the purpose of this clause,

means schools in the top quartile of poverty and the bottom

quartile of poverty in the State.

(D) Optional information

The State may include in its annual State report card such

other information as the State believes will best provide

parents, students, and other members of the public with

information regarding the progress of each of the State's

public elementary schools and public secondary schools. Such

information may include information regarding -

(i) school attendance rates;

(ii) average class size in each grade;

(iii) academic achievement and gains in English proficiency

of limited English proficient students;

(iv) the incidence of school violence, drug abuse, alcohol

abuse, student suspensions, and student expulsions;

(v) the extent and type of parental involvement in the

schools;

(vi) the percentage of students completing advanced

placement courses, and the rate of passing of advanced

placement tests; and

(vii) a clear and concise description of the State's

accountability system, including a description of the

criteria by which the State evaluates school performance, and

the criteria that the State has established, consistent with

subsection (b)(2) of this section, to determine the status of

schools regarding school improvement, corrective action, and

restructuring.

(2) Annual local educational agency report cards

(A) Report cards

(i) In general

Not later than the beginning of the 2002-2003 school year,

a local educational agency that receives assistance under

this part shall prepare and disseminate an annual local

educational agency report card, except that the State

educational agency may provide the local educational agency 1

additional year if the local educational agency demonstrates

that exceptional or uncontrollable circumstances, such as a

natural disaster or a precipitous and unforeseen decline in

the financial resources of the local educational agency,

prevented full implementation of this paragraph by that

deadline and that the local educational agency will complete

implementation within the additional 1-year period.

(ii) Special rule

If a State educational agency has received an extension

pursuant to subsection (c)(1) of this section, then a local

educational agency within that State shall not be required to

include the information required under paragraph (1)(C) in

such report card during such extension.

(B) Minimum requirements

The State educational agency shall ensure that each local

educational agency collects appropriate data and includes in

the local educational agency's annual report the information

described in paragraph (1)(C) as applied to the local

educational agency and each school served by the local

educational agency, and -

(i) in the case of a local educational agency -

(I) the number and percentage of schools identified for

school improvement under section 6316(c) of this title and

how long the schools have been so identified; and

(II) information that shows how students served by the

local educational agency achieved on the statewide academic

assessment compared to students in the State as a whole;

and

(ii) in the case of a school -

(I) whether the school has been identified for school

improvement; and

(II) information that shows how the school's students

achievement on the statewide academic assessments and other

indicators of adequate yearly progress compared to students

in the local educational agency and the State as a whole.

A local educational agency may include in its annual local

educational agency report card any other appropriate

information, whether or not such information is included in the

annual State report card.

(D) Data

A local educational agency or school shall only include in

its annual local educational agency report card data that are

sufficient to yield statistically reliable information, as

determined by the State, and that do not reveal personally

identifiable information about an individual student.

(E) Public dissemination

The local educational agency shall, not later than the

beginning of the 2002-2003 school year, unless the local

educational agency has received a 1-year extension pursuant to

subparagraph (A), publicly disseminate the information

described in this paragraph to all schools in the school

district served by the local educational agency and to all

parents of students attending those schools in an

understandable and uniform format and, to the extent

practicable, provided in a language that the parents can

understand, and make the information widely available through

public means, such as posting on the Internet, distribution to

the media, and distribution through public agencies, except

that if a local educational agency issues a report card for all

students, the local educational agency may include the

information under this section as part of such report.

(3) Preexisting report cards

A State educational agency or local educational agency that was

providing public report cards on the performance of students,

schools, local educational agencies, or the State prior to

January 8, 2002, may use those report cards for the purpose of

this subsection, so long as any such report card is modified, as

may be needed, to contain the information required by this

subsection.

(4) Annual State report to the Secretary

Each State educational agency receiving assistance under this

part shall report annually to the Secretary, and make widely

available within the State -

(A) beginning with school year 2002-2003, information on the

State's progress in developing and implementing the academic

assessments described in subsection (b)(3) of this section;

(B) beginning not later than school year 2002-2003,

information on the achievement of students on the academic

assessments required by subsection (b)(3) of this section,

including the disaggregated results for the categories of

students identified in subsection (b)(2)(C)(v) of this section;

information described in subparagraph (B), information on the

results of student academic assessments (including

disaggregated results) required under this section;

(D) beginning not later than school year 2002-2003, unless

the State has received an extension pursuant to subsection

(c)(1) of this section, information on the acquisition of

English proficiency by children with limited English

proficiency;

(E) the number and names of each school identified for school

improvement under section 6316(c) of this title, the reason why

each school was so identified, and the measures taken to

address the achievement problems of such schools;

(F) the number of students and schools that participated in

public school choice and supplemental service programs and

activities under this subchapter; and

(G) beginning not later than the 2002-2003 school year,

information on the quality of teachers and the percentage of

classes being taught by highly qualified teachers in the State,

local educational agency, and school.

(5) Report to Congress

The Secretary shall transmit annually to the Committee on

Education and the Workforce of the House of Representatives and

the Committee on Health, Education, Labor, and Pensions of the

Senate a report that provides national and State-level data on

the information collected under paragraph (4).

(6) Parents right-to-know

(A) Qualifications

At the beginning of each school year, a local educational

agency that receives funds under this part shall notify the

parents of each student attending any school receiving funds

under this part that the parents may request, and the agency

will provide the parents on request (and in a timely manner),

information regarding the professional qualifications of the

student's classroom teachers, including, at a minimum, the

following:

(i) Whether the teacher has met State qualification and

licensing criteria for the grade levels and subject areas in

which the teacher provides instruction.

(ii) Whether the teacher is teaching under emergency or

other provisional status through which State qualification or

licensing criteria have been waived.

(iii) The baccalaureate degree major of the teacher and any

other graduate certification or degree held by the teacher,

and the field of discipline of the certification or degree.

(iv) Whether the child is provided services by

paraprofessionals and, if so, their qualifications.

(B) Additional information

In addition to the information that parents may request under

subparagraph (A), a school that receives funds under this part

shall provide to each individual parent -

(i) information on the level of achievement of the parent's

child in each of the State academic assessments as required

under this part; and

(ii) timely notice that the parent's child has been

assigned, or has been taught for four or more consecutive

weeks by, a teacher who is not highly qualified.

The notice and information provided to parents under this

paragraph shall be in an understandable and uniform format and,

to the extent practicable, provided in a language that the

parents can understand.

(i) Privacy

Information collected under this section shall be collected and

disseminated in a manner that protects the privacy of individuals.

(j) Technical assistance

The Secretary shall provide a State educational agency, at the

State educational agency's request, technical assistance in meeting

the requirements of this section, including the provision of advice

by experts in the development of high-quality academic assessments,

the setting of State standards, the development of measures of

adequate yearly progress that are valid and reliable, and other

relevant areas.

(k) Voluntary partnerships

A State may enter into a voluntary partnership with another State

to develop and implement the academic assessments and standards

required under this section.

(l) Construction

Nothing in this part shall be construed to prescribe the use of

the academic assessments described in this part for student

promotion or graduation purposes.

(m) Special rule with respect to Bureau-funded schools

In determining the assessments to be used by each operated or

funded by BIA school receiving funds under this part, the following

shall apply:

(1) Each such school that is accredited by the State in which

it is operating shall use the assessments the State has developed

and implemented to meet the requirements of this section, or such

other appropriate assessment as approved by the Secretary of the

Interior.

(2) Each such school that is accredited by a regional

accrediting organization shall adopt an appropriate assessment,

in consultation with and with the approval of, the Secretary of

the Interior and consistent with assessments adopted by other

schools in the same State or region, that meets the requirements

of this section.

(3) Each such school that is accredited by a tribal accrediting

agency or tribal division of education shall use an assessment

developed by such agency or division, except that the Secretary

of the Interior shall ensure that such assessment meets the

requirements of this section.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1111, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1444; amended Pub. L. 107-279,

title IV, Sec. 404(d)(1), Nov. 5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(1), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

(Sec. 1400 et seq.) of this title. For complete classification of

this Act to the Code, see section 1400 of this title and Tables.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (a)(1), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which is classified generally to

chapter 44 (Sec. 2301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2301 of this title and Tables.

The Head Start Act, referred to in subsec. (a)(1), is subchapter

B (Sec. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 9801 of Title 42 and Tables.

The Adult Education and Family Literacy Act, referred to in

subsec. (a)(1), is title II of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1059, as amended, which is classified principally to

subchapter I (Sec. 9201 et seq.) of chapter 73 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (a)(1), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended, which is classified principally to chapter 119 (Sec. 11301

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 11301 of Title 42 and Tables.

The Education Flexibility Partnership Act of 1999, referred to in

subsec. (c)(12), is Pub. L. 106-25, Apr. 29, 1999, 113 Stat. 41, as

amended, which enacted sections 5891a and 5891b of this title,

amended section 1415 of this title, and enacted provisions set out

as notes under sections 1415 and 5891a of this title. For complete

classification of this Act to the Code, see Short Title of 1999

Amendment note set out under section 5801 of this title and Tables.

The Improving America's Schools Act of 1994, referred to in

subsec. (g)(1)(A), is Pub. L. 103-382, Oct. 20, 1994, 108 Stat.

3518, as amended. For complete classification of this Act to the

Code, see Short Title of 1994 Amendment note set out under section

6301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 6311, Pub. L. 89-10, title I, Sec. 1111, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3523;

amended Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec.

703(b)(1)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-254; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327;

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title XVI, Sec. 1603), Dec.

21, 2000, 114 Stat. 2763, 2763A-328, related to State plans, prior

to the general amendment of this subchapter by Pub. L. 107-110.

A prior section 1111 of Pub. L. 89-10 was classified to section

2768 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-279 substituted ''section

9622(b)(2) of this title'' for ''section 9010(b)(2) of this

title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5891b, 6312, 6314, 6316,

6317, 6318, 6319, 6362, 6364, 6398, 6434, 6491, 6578, 6641, 6812,

6821, 6823, 6826, 6841, 6842, 6911, 6914, 7011, 7225f, 7243, 7301,

7301a, 7301b, 7315, 7321, 7325, 7325a, 7325b, 7345b, 7351c, 7801,

7861, 9622 of this title; title 42 section 11432.

-CITE-

20 USC Sec. 6312 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Part A - Improving Basic Programs Operated by Local Educational

Agencies

subpart 1 - basic program requirements

-HEAD-

Sec. 6312. Local educational agency plans

-STATUTE-

(a) Plans required

(1) Subgrants

A local educational agency may receive a subgrant under this

part for any fiscal year only if such agency has on file with the

State educational agency a plan, approved by the State

educational agency, that is coordinated with other programs under

this chapter, the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and

Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.),

and other Acts, as appropriate.

(2) Consolidated application

The plan may be submitted as part of a consolidated application

under section 7845 of this title.

(b) Plan provisions

(1) In general

In order to help low-achieving children meet challenging

achievement academic standards, each local educational agency

plan shall include -

(A) a description of high-quality student academic

assessments, if any, that are in addition to the academic

assessments described in the State plan under section

6311(b)(3) of this title, that the local educational agency and

schools served under this part will use -

(i) to determine the success of children served under this

part in meeting the State student academic achievement

standards, and to provide information to teachers, parents,

and students on the progress being made toward meeting the

State student academic achievement standards described in

section 6311(b)(1)(D)(ii) of this title;

(ii) to assist in diagnosis, teaching, and learning in the

classroom in ways that best enable low-achieving children

served under this part to meet State student achievement

academic standards and do well in the local curriculum;

(iii) to determine what revisions are needed to projects

under this part so that such children meet the State student

academic achievement standards; and

(iv) to identify effectively students who may be at risk

for reading failure or who are having difficulty reading,

through the use of screening, diagnostic, and classroom-based

instructional reading assessments, as defined under section

6368 of this title;

(B) at the local educational agency's discretion, a

description of any other indicators that will be used in

addition to the academic indicators described in section 6311

of this title for the uses described in such section;

provide additional educational assistance to individual

students assessed as needing help in meeting the State's

challenging student academic achievement standards;

(D) a description of the strategy the local educational

agency will use to coordinate programs under this part with

programs under subchapter II of this chapter to provide

professional development for teachers and principals, and, if

appropriate, pupil services personnel, administrators, parents

and other staff, including local educational agency level staff

in accordance with sections 6318 and 6319 of this title;

(E) a description of how the local educational agency will

coordinate and integrate services provided under this part with

other educational services at the local educational agency or

individual school level, such as -

(i) Even Start, Head Start, Reading First, Early Reading

First, and other preschool programs, including plans for the

transition of participants in such programs to local

elementary school programs; and

(ii) services for children with limited English

proficiency, children with disabilities, migratory children,

neglected or delinquent youth, Indian children served under

part A of subchapter VII of this chapter, homeless children,

and immigrant children in order to increase program

effectiveness, eliminate duplication, and reduce

fragmentation of the instructional program;

(F) an assurance that the local educational agency will

participate, if selected, in the State National Assessment of

Educational Progress in 4th and 8th grade reading and

mathematics carried out under section 9622(b)(2) of this title;

(G) a description of the poverty criteria that will be used

to select school attendance areas under section 6313 of this

title;

(H) a description of how teachers, in consultation with

parents, administrators, and pupil services personnel, in

targeted assistance schools under section 6315 of this title,

will identify the eligible children most in need of services

under this part;

(I) a general description of the nature of the programs to be

conducted by such agency's schools under sections 6314 and 6315

of this title and, where appropriate, educational services

outside such schools for children living in local institutions

for neglected or delinquent children, and for neglected and

delinquent children in community day school programs;

(J) a description of how the local educational agency will

ensure that migratory children and formerly migratory children

who are eligible to receive services under this part are

selected to receive such services on the same basis as other

children who are selected to receive services under this part;

(K) if appropriate, a description of how the local

educational agency will use funds under this part to support

preschool programs for children, particularly children

participating in Early Reading First, or in a Head Start or

Even Start program, which services may be provided directly by

the local educational agency or through a subcontract with the

local Head Start agency designated by the Secretary of Health

and Human Services under section 9836 of title 42, or an agency

operating an Even Start program, an Early Reading First

program, or another comparable public early childhood

development program;

(L) a description of the actions the local educational agency

will take to assist its low-achieving schools identified under

section 6316 of this title as in need of improvement;

(M) a description of the actions the local educational agency

will take to implement public school choice and supplemental

services, consistent with the requirements of section 6316 of

this title;

(N) a description of how the local educational agency will

meet the requirements of section 6319 of this title;

(O) a description of the services the local educational

agency will provide homeless children, including services

provided with funds reserved under section 6313(c)(3)(A) of

this title;

(P) a description of the strategy the local educational

agency will use to implement effective parental involvement

under section 6318 of this title; and

(Q) where appropriate, a description of how the local

educational agency will use funds under this part to support

after school (including before school and summer school) and

school-year extension programs.

(2) Exception

The academic assessments and indicators described in

subparagraphs (A) and (B) of paragraph (1) shall not be used -

(A) in lieu of the academic assessments required under

section 6311(b)(3) of this title and other State academic

indicators under section 6311(b)(2) of this title; or

(B) to reduce the number of, or change which, schools would

otherwise be subject to school improvement, corrective action,

or restructuring under section 6316 of this title, if such

additional assessments or indicators described in such

subparagraphs were not used, but such assessments and

indicators may be used to identify additional schools for

school improvement or in need of corrective action or

restructuring.

(1) In general

Each local educational agency plan shall provide assurances

that the local educational agency will -

(A) inform eligible schools and parents of schoolwide program

authority and the ability of such schools to consolidate funds

from Federal, State, and local sources;

(B) provide technical assistance and support to schoolwide

programs;

the schools' plans pursuant to section 6314 of this title and

assist schools as the schools implement such plans or undertake

activities pursuant to section 6315 of this title so that each

school can make adequate yearly progress toward meeting the

State student academic achievement standards;

(D) fulfill such agency's school improvement responsibilities

under section 6316 of this title, including taking actions

under paragraphs (7) and (8) of section 6316(b) of this title;

(E) provide services to eligible children attending private

elementary schools and secondary schools in accordance with

section 6320 of this title, and timely and meaningful

consultation with private school officials regarding such

services;

(F) take into account the experience of model programs for

the educationally disadvantaged, and the findings of relevant

scientifically based research indicating that services may be

most effective if focused on students in the earliest grades at

schools that receive funds under this part;

(G) 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

9836a(a) of title 42;

(H) work in consultation with schools as the schools develop

and implement their plans or activities under sections 6318 and

6319 of this title;

(I) comply with the requirements of section 6319 of this

title regarding the qualifications of teachers and

paraprofessionals and professional development;

(J) inform eligible schools of the local educational agency's

authority to obtain waivers on the school's behalf under

subchapter IX of this chapter and, if the State is an Ed-Flex

Partnership State, to obtain waivers under the Education

Flexibility Partnership Act of 1999;

(K) coordinate and collaborate, to the extent feasible and

necessary as determined by the local educational agency, with

the State educational agency and other agencies providing

services to children, youth, and families with respect to a

school in school improvement, corrective action, or

restructuring under section 6316 of this title if such a school

requests assistance from the local educational agency in

addressing major factors that have significantly affected

student achievement at the school;

(L) ensure, through incentives for voluntary transfers, the

provision of professional development, recruitment programs, or

other effective strategies, that low-income students and

minority students are not taught at higher rates than other

students by unqualified, out-of-field, or inexperienced

teachers;

(M) use the results of the student academic assessments

required under section 6311(b)(3) of this title, 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 part to determine whether all of the

schools are making the progress necessary to ensure that all

students will meet the State's proficient level of achievement

on the State academic assessments described in section

6311(b)(3) of this title within 12 years from the end of the

2001-2002 school year;

(N) ensure that the results from the academic assessments

required under section 6311(b)(3) of this title will be

provided to parents and teachers as soon as is practicably

possible after the test is taken, in an understandable and

uniform format and, to the extent practicable, provided in a

language that the parents can understand; and

(O) assist each school served by the agency and assisted

under this part in developing or identifying examples of

high-quality, effective curricula consistent with section

6311(b)(8)(D) of this title.

(2) Special rule

In carrying out subparagraph (G) of paragraph (1), the

Secretary -

(A) shall consult with the Secretary of Health and Human

Services 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; and

(B) shall disseminate to local educational agencies the Head

Start performance standards as in effect under section 9836a(a)

of title 42, and such agencies affected by such subparagraph

shall plan for the implementation of such subparagraph (taking

into consideration 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

Paragraph (1)(G) of this subsection shall not apply to

preschool programs using the Even Start model or to Even Start

programs that are expanded through the use of funds under this

part.

(d) Plan development and duration

(1) Consultation

Each local educational agency plan shall be developed in

consultation with teachers, principals, administrators (including

administrators of programs described in other parts of this

subchapter), and other appropriate school personnel, and with

parents of children in schools served under this part.

(2) Duration

Each such plan shall be submitted for the first year for which

this part is in effect following January 8, 2002, and shall

remain in effect for the duration of the agency's participation

under this part.

(3) Review

Each local educational agency shall periodically review and, as

necessary, revise its plan.

(e) State approval

(1) In general

Each local educational agency plan shall be filed according to

a schedule established by the State educational agency.

(2) Approval

The State educational agency shall approve a local educational

agency's plan only if the State educational agency determines

that the local educational agency's plan -

(A) enables schools served under this part to substantially

help children served under this part meet the academic

standards expected of all children described in section

6311(b)(1) of this title; and

(B) meets the requirements of this section.

(3) Review

The State educational agency shall review the local educational

agency's plan to determine if such agencies activities are in

accordance with sections 6318 and 6319 of this title.

(f) Program responsibility

The local educational agency plan shall reflect the shared

responsibility of schools, teachers, and the local educational

agency in making decisions regarding activities under sections 6314

and 6315 of this title.

(g) Parental notification

(1) In general

(A) Notice

Each local educational agency using funds under this part to

provide a language instruction educational program as

determined in part C of subchapter III of this chapter shall,

not later than 30 days after the beginning of the school year,

inform a parent or parents of a limited English proficient

child identified for participation or participating in, such a

program of -

(i) the reasons for the identification of their child as

limited English proficient and in need of placement in a

language instruction educational program;

(ii) the child's level of English proficiency, how such

level was assessed, and the status of the child's academic

achievement;

(iii) the methods of instruction used in the program in

which their child is, or will be participating, and the

methods of instruction used in other available programs,

including how such programs differ in content, instructional

goals, and the use of English and a native language in

instruction;

(iv) how the program in which their child is, or will be

participating, will meet the educational strengths and needs

of their child;

(v) how such program will specifically help their child

learn English, and meet age-appropriate academic achievement

standards for grade promotion and graduation;

(vi) the specific exit requirements for the program,

including the expected rate of transition from such program

into classrooms that are not tailored for limited English

proficient children, and the expected rate of graduation from

secondary school for such program if funds under this part

are used for children in secondary schools;

(vii) in the case of a child with a disability, how such

program meets the objectives of the individualized education

program of the child;

(viii) information pertaining to parental rights that

includes written guidance -

(I) detailing -

(aa) the right that parents have to have their child

immediately removed from such program upon their request;

and

(bb) the options that parents have to decline to enroll

their child in such program or to choose another program

or method of instruction, if available; and

(II) assisting parents in selecting among various

programs and methods of instruction, if more than one

program or method is offered by the eligible entity.

(B) Separate notification

In addition to providing the information required to be

provided under paragraph (1), each eligible entity that is

using funds provided under this part to provide a language

instruction educational program, and that has failed to make

progress on the annual measurable achievement objectives

described in section 6842 of this title for any fiscal year for

which part A (FOOTNOTE 1) is in effect, shall separately inform

a parent or the parents of a child identified for participation

in such program, or participating in such program, of such

failure not later than 30 days after such failure occurs.

(FOOTNOTE 1) So in original. Probably should be followed by

''of subchapter III of this chapter''.

(2) Notice

The notice and information provided in paragraph (1) to a

parent or parents of a child identified for participation in a

language instruction educational program for limited English

proficient children shall be in an understandable and uniform

format and, to the extent practicable, provided in a language

that the parents can understand.

(3) Special rule applicable during the school year

For those children who have not been identified as limited

English proficient prior to the beginning of the school year the

local educational agency shall notify parents within the first 2

weeks of the child being placed in a language instruction

educational program consistent with paragraphs (1) and (2).

(4) Parental participation

Each local educational agency receiving funds under this part

shall implement an effective means of outreach to parents of

limited English proficient students to inform the parents

regarding how the parents can be involved in the education of

their children, and be active participants in assisting their

children to attain English proficiency, achieve at high levels in

core academic subjects, and meet challenging State academic

achievement standards and State academic content standards

expected of all students, including holding, and sending notice

of opportunities for, regular meetings for the purpose of

formulating and responding to recommendations from parents of

students assisted under this part.

(5) Basis for admission or exclusion

A student shall not be admitted to, or excluded from, any

federally assisted education program on the basis of a surname or

language-minority status.

-SOURCE-

(Pub. L. 89-10, title I, Sec. 1112, as added Pub. L. 107-110, title

I, Sec. 101, Jan. 8, 2002, 115 Stat. 1462; amended Pub. L. 107-279,

title IV, Sec. 404(d)(2), Nov. 5, 2002, 116 Stat. 1985.)