Title I, Part A Statute
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1—Basic Program Requirements
Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. Academic assessment and local educational agency and school improvement.
Sec. 1117. School support and recognition.
Sec. 1118. Parental involvement.
Sec. 1119. Qualifications for teachers and paraprofessionals.
Sec. 1120. Participation of children enrolled in private schools.
Sec. 1120A. Fiscal requirements.
Sec. 1120B. Coordination requirements.
Subpart 2—Allocations
Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
Sec. 1127. Carryover and waiver.
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PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1—Basic Program Requirements
SEC. 1111. STATE PLANS.
(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 title), other staff, and parents, that satisfies the requirements
of this section and that is coordinated with other programs
under this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Vocational and Technical Education
Act of 1998, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
(2) CONSOLIDATED PLAN.—A State plan submitted under
paragraph (1) may be submitted as part of a consolidated
plan under section 9302.
(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.
(C) SUBJECTS.—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 the
date of enactment of the No Child Left Behind Act of
2001.
(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 1116; 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.
(C) DEFINITION.—‘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 1116 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);
(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 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 the date of enactment of the
No Child Left Behind Act of 2001, provided that
nothing in this clause shall be construed to undermine
or delay the determination of adequate yearly progress,
the requirements of section 1116, 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 Act 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 highquality,
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.
(C) REQUIREMENTS.—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 Act 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
Deadline.
under section 602(3) of the Individuals with
Disabilities Education Act) 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 caseby-
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 the date of enactment
of the No Child Left Behind Act of 2001, for 1 year for
each year for which the amount appropriated for grants
under section 6113(a)(2) 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 1116 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 1112(c)(1)(D), 1114(b), and 1115(c)
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;
(C) the specific steps the State educational agency
will take to ensure that both schoolwide programs and
targeted assistance schools provide instruction by highly
qualified instructional staff as required by sections
1114(b)(1)(C) and 1115(c)(1)(E), including steps that the
Deadline.
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 1116 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.
(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—
Each State plan shall contain assurances that—
(1) the State educational agency will meet the requirements
of subsection (h)(1) 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
411(b)(2) of the National Education Statistics Act of 1994 if
the Secretary pays the costs of administering such assessments;
Deadline.
(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
1116 and 1117, 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
1119, technical assistance under section 1117, and technical
assistance relating to parental involvement under section 1118;
(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 1116,
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
1114;
(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 1114;
(11) the State educational agency has involved the committee
of practitioners established under section 1903(b) 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 title VI, to obtain waivers
under part D of title IX, 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
Notification.
(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;
(C) approve a State plan within 120 days of its submission
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), 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 (c); 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
Deadline.
Establishment.
(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 the date of enactment of the
No Child Left Behind Act of 2001 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), 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.
(C) REQUIRED INFORMATION.—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)
(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
Deadline.
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) 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);
(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 1116; 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), 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),
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
1116(c) 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.
(C) OTHER INFORMATION.—A local educational agency
may include in its annual local educational agency report
card any other appropriate information, whether or not
Deadline.
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 the enactment of
the No Child Left Behind Act of 2001 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);
(B) beginning not later than school year 2002–2003,
information on the achievement of students on the academic
assessments required by subsection (b)(3), including
the disaggregated results for the categories of students
identified in subsection (b)(2)(C)(v);
(C) in any year before the State begins to provide
the 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), 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 1116(c), 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 title; 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.
(C) FORMAT.—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.
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(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 Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
(2) CONSOLIDATED APPLICATION.—The plan may be submitted
as part of a consolidated application under section 9305.
(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
1111(b)(3), 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
1111(b)(1)(D)(ii);
(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 1208;
(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
1111 for the uses described in such section;
(C) a description of how the local educational agency
will 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 title II 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 1118 and 1119;
(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 title VII, 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 411(b)(2) of
the National Education Statistics Act of 1994;
(G) a description of the poverty criteria that will be
used to select school attendance areas under section 1113;
(H) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, 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
1114 and 1115 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
641 of the Head Start Act, 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 1116 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 1116;
(N) a description of how the local educational agency
will meet the requirements of section 1119;
(O) a description of the services the local educational
agency will provide homeless children, including services
provided with funds reserved under section 1113(c)(3)(A);
(P) a description of the strategy the local educational
agency will use to implement effective parental involvement
under section 1118; 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 1111(b)(3) and other State academic indicators
under section 1111(b)(2); or
(B) to reduce the number of, or change which, schools
would otherwise be subject to school improvement, corrective
action, or restructuring under section 1116, 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.
(c) ASSURANCES.—
(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;
(C) work in consultation with schools as the schools
develop the schools’ plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 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 1116, including taking actions under
paragraphs (7) and (8) of section 1116(b);
(E) provide services to eligible children attending private
elementary schools and secondary schools in accordance
with section 1120, 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 641A(a) of the Head Start Act;
(H) work in consultation with schools as the schools
develop and implement their plans or activities under sections
1118 and 1119;
(I) comply with the requirements of section 1119
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 title IX 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 1116 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 1111(b)(3), 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 1111(b)(3) within 12 years from the
end of the 2001–2002 school year;
(N) ensure that the results from the academic assessments
required under section 1111(b)(3) 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
1111(b)(8)(D).
(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 641A(a) of the Head Start Act, 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 title), 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 the
date of enactment of the No Child Left Behind Act of 2001
Procedures.
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
1111(b)(1); 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 1118 and 1119.
(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 1114 and 1115.
(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 title III
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
Deadline.
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
3122 for any fiscal year for which part A 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.
(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 languageminority
status.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) DETERMINATION.—
(1) IN GENERAL.—A local educational agency shall use
funds received under this part only in eligible school attendance
areas.
(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes
of this part—
(A) the term ‘school attendance area’ means, in relation
to a particular school, the geographical area in which
the children who are normally served by that school reside;
and
(B) the term ‘eligible school attendance area’ means
a school attendance area in which the percentage of children
from low-income families is at least as high as the
percentage of children from low-income families served by
the local educational agency as a whole.
(3) RANKING ORDER.—If funds allocated in accordance with
subsection (c) are insufficient to serve all eligible school attendance
areas, a local educational agency shall—
(A) annually rank, without regard to grade spans,
such agency’s eligible school attendance areas in which
the concentration of children from low-income families
exceeds 75 percent from highest to lowest according to
the percentage of children from low-income families; and
(B) serve such eligible school attendance areas in rank
order.
(4) REMAINING FUNDS.—If funds remain after serving all
eligible school attendance areas under paragraph (3), a local
educational agency shall—
(A) annually rank such agency’s remaining eligible
school attendance areas from highest to lowest either by
grade span or for the entire local educational agency
according to the percentage of children from low-income
families; and
(B) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within
the local educational agency as a whole.
(5) MEASURES.—The local educational agency shall use
the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted in
the most recent census data approved by the Secretary, the
number of children eligible for free and reduced priced lunches
under the Richard B. Russell National School Lunch Act, the
number of children in families receiving assistance under the
State program funded under part A of title IV of the Social
Security Act, or the number of children eligible to receive
medical assistance under the Medicaid program, or a composite
of such indicators, with respect to all school attendance areas
in the local educational agency—
(A) to identify eligible school attendance areas;
(B) to determine the ranking of each area; and
(C) to determine allocations under subsection (c).
20 USC 6313.
(6) EXCEPTION.—This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary
may approve a local educational agency’s written request for
a waiver of the requirements of subsections (a) and (c), and
permit such agency to treat as eligible, and serve, any school
that children attend with a State-ordered, court-ordered school
desegregation plan or a plan that continues to be implemented
in accordance with a State-ordered or court-ordered desegregation
plan, if—
(A) the number of economically disadvantaged children
enrolled in the school is at least 25 percent of the
school’s total enrollment; and
(B) the Secretary determines on the basis of a written
request from such agency and in accordance with such
criteria as the Secretary establishes, that approval of that
request would further the purposes of this part.
(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
(1) IN GENERAL.—Notwithstanding subsection (a)(2), a
local educational agency may—
(A) designate as eligible any school attendance area
or school in which at least 35 percent of the children
are from low-income families;
(B) use funds received under this part in a school
that is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled
in the school is equal to or greater than the percentage
of such children in a participating school attendance area
of such agency;
(C) designate and serve a school attendance area or
school that is not eligible under this section, but that
was eligible and that was served in the preceding fiscal
year, but only for 1 additional fiscal year; and
(D) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if—
(i) the school meets the comparability requirements
of section 1120A(c);
(ii) the school is receiving supplemental funds
from other State or local sources that are spent
according to the requirements of section 1114 or 1115;
and
(iii) the funds expended from such other sources
equal or exceed the amount that would be provided
under this part.
(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the
number of children attending private elementary schools and
secondary schools who are to receive services, and the assistance
such children are to receive under this part, shall be
determined without regard to whether the public school attendance
area in which such children reside is assisted under
subparagraph (A).
(c) ALLOCATIONS.—
(1) IN GENERAL.—A local educational agency shall allocate
funds received under this part to eligible school attendance
areas or eligible schools, identified under subsections (a) and
(b), in rank order, on the basis of the total number of children
from low-income families in each area or school.
(2) SPECIAL RULE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the per-pupil amount of funds allocated to each school
attendance area or school under paragraph (1) shall be
at least 125 percent of the per-pupil amount of funds a
local educational agency received for that year under the
poverty criteria described by the local educational agency
in the plan submitted under section 1112, except that
this paragraph shall not apply to a local educational agency
that only serves schools in which the percentage of such
children is 35 percent or greater.
(B) EXCEPTION.—A local educational agency may
reduce the amount of funds allocated under subparagraph
(A) for a school attendance area or school by the amount
of any supplemental State and local funds expended in
that school attendance area or school for programs that
meet the requirements of section 1114 or 1115.
(3) RESERVATION.—A local educational agency shall
reserve such funds as are necessary under this part to provide
services comparable to those provided to children in schools
funded under this part to serve—
(A) homeless children who do not attend participating
schools, including providing educationally related support
services to children in shelters and other locations where
children may live;
(B) children in local institutions for neglected children;
and
(C) if appropriate, children in local institutions for
delinquent children, and neglected or delinquent children
in community day school programs.
(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—
A local educational agency may reserve such funds as are
necessary from those funds received by the local educational
agency under title II, and not more than 5 percent of those
funds received by the local educational agency under subpart
2, to provide financial incentives and rewards to teachers who
serve in schools eligible under this section and identified for
school improvement, corrective action, and restructuring under
section 1116(b) for the purpose of attracting and retaining
qualified and effective teachers.
SEC. 1114. SCHOOLWIDE PROGRAMS.
(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
(1) IN GENERAL.—A local educational agency may consolidate
and use funds under this part, together with other Federal,
State, and local funds, in order to upgrade the entire educational
program of a school that serves an eligible school
attendance area in which not less than 40 percent of the children
are from low-income families, or not less than 40 percent
of the children enrolled in the school are from such families.
(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—
(A) IN GENERAL.—No school participating in a
schoolwide program shall be required—
(i) to identify particular children under this part
as eligible to participate in a schoolwide program; or
20 USC 6314.
(ii) to provide services to such children that are
supplementary, as otherwise required by section
1120A(b).
(B) SUPPLEMENTAL FUNDS.—A school participating in
a schoolwide program shall use funds available to carry
out this section only to supplement the amount of funds
that would, in the absence of funds under this part, be
made available from non-Federal sources for the school,
including funds needed to provide services that are required
by law for children with disabilities and children with
limited English proficiency.
(3) EXEMPTION FROM STATUTORY AND REGULATORY
REQUIREMENTS.—
(A) EXEMPTION.—Except as provided in subsection (b),
the Secretary may, through publication of a notice in the
Federal Register, exempt schoolwide programs under this
section from statutory or regulatory provisions of any other
noncompetitive formula grant program administered by the
Secretary (other than formula or discretionary grant programs
under the Individuals with Disabilities Education
Act, except as provided in section 613(a)(2)(D) of such Act),
or any discretionary grant program administered by the
Secretary, to support schoolwide programs if the intent
and purposes of such other programs are met.
(B) REQUIREMENTS.—A school that chooses to use
funds from such other programs shall not be relieved of
the requirements relating to health, safety, civil rights,
student and parental participation and involvement, services
to private school children, maintenance of effort, comparability
of services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the distribution of funds
to State educational agencies or local educational agencies
that apply to the receipt of funds from such programs.
(C) RECORDS.—A school that consolidates and uses
funds from different Federal programs under this section
shall not be required to maintain separate fiscal accounting
records, by program, that identify the specific activities
supported by those particular funds as long as the school
maintains records that demonstrate that the schoolwide
program, considered as a whole, addresses the intent and
purposes of each of the Federal programs that were consolidated
to support the schoolwide program.
(4) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
(1) IN GENERAL.—A schoolwide program shall include the
following components:
(A) A comprehensive needs assessment of the entire
school (including taking into account the needs of migratory
children as defined in section 1309(2)) that is based on
information which includes the achievement of children
in relation to the State academic content standards and
the State student academic achievement standards
described in section 1111(b)(1).
(B) Schoolwide reform strategies that—
(i) provide opportunities for all children to meet
the State’s proficient and advanced levels of student
academic achievement described in section
1111(b)(1)(D);
(ii) use effective methods and instructional strategies
that are based on scientifically based research
that—
(I) strengthen the core academic program in
the school;
(II) increase the amount and quality of
learning time, such as providing an extended
school year and before- and after-school and
summer programs and opportunities, and help provide
an enriched and accelerated curriculum; and
(III) include strategies for meeting the educational
needs of historically underserved populations;
(iii)(I) include strategies to address the needs of
all children in the school, but particularly the needs
of low-achieving children and those at risk of not
meeting the State student academic achievement
standards who are members of the target population
of any program that is included in the schoolwide
program, which may include—
(aa) counseling, pupil services, and mentoring
services;
(bb) college and career awareness and
preparation, such as college and career guidance,
personal finance education, and innovative
teaching methods, which may include applied
learning and team-teaching strategies; and
(cc) the integration of vocational and technical
education programs; and
(II) address how the school will determine if such
needs have been met; and
(iv) are consistent with, and are designed to implement,
the State and local improvement plans, if any.
(C) Instruction by highly qualified teachers.
(D) In accordance with section 1119 and subsection
(a)(4), high-quality and ongoing professional development
for teachers, principals, and paraprofessionals and, if
appropriate, pupil services personnel, parents, and other
staff to enable all children in the school to meet the State’s
student academic achievement standards.
(E) Strategies to attract high-quality highly qualified
teachers to high-need schools.
(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary services.
(G) Plans for assisting preschool children in the transition
from early childhood programs, such as Head Start,
Even Start, Early Reading First, or a State-run preschool
program, to local elementary school programs.
(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(3) in order to provide information on, and
to improve, the achievement of individual students and
the overall instructional program.
(I) Activities to ensure that students who experience
difficulty mastering the proficient or advanced levels of
academic achievement standards required by section
1111(b)(1) shall be provided with effective, timely additional
assistance which shall include measures to ensure that
students’ difficulties are identified on a timely basis and
to provide sufficient information on which to base effective
assistance.
(J) Coordination and integration of Federal, State,
and local services and programs, including programs supported
under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start, adult education,
vocational and technical education, and job training.
(2) PLAN.—
(A) IN GENERAL.—Any eligible school that desires to
operate a schoolwide program shall first develop (or amend
a plan for such a program that was in existence on the
day before the date of enactment of the No Child Left
Behind Act of 2001), in consultation with the local educational
agency and its school support team or other technical
assistance provider under section 1117, a comprehensive
plan for reforming the total instructional program
in the school that—
(i) describes how the school will implement the
components described in paragraph (1);
(ii) describes how the school will use resources
under this part and from other sources to implement
those components;
(iii) includes a list of State educational agency
and local educational agency programs and other Federal
programs under subsection (a)(3) that will be
consolidated in the schoolwide program; and
(iv) describes how the school will provide individual
student academic assessment results in a language
the parents can understand, including an
interpretation of those results, to the parents of a
child who participates in the academic assessments
required by section 1111(b)(3).
(B) PLAN DEVELOPMENT.—The comprehensive plan
shall be—
(i) developed during a one-year period, unless—
(I) the local educational agency, after considering
the recommendation of the technical assistance
providers under section 1117, determines that
less time is needed to develop and implement the
schoolwide program; or
(II) the school is operating a schoolwide program
on the day preceding the date of enactment
of the No Child Left Behind Act of 2001, in which
case such school may continue to operate such
program, but shall develop amendments to its
existing plan during the first year of assistance
Records.
after that date to reflect the provisions of this
section;
(ii) developed with the involvement of parents
and other members of the community to be served
and individuals who will carry out such plan, including
teachers, principals, and administrators (including
administrators of programs described in other parts
of this title), and, if appropriate, pupil services personnel,
technical assistance providers, school staff, and,
if the plan relates to a secondary school, students
from such school;
(iii) in effect for the duration of the school’s
participation under this part and reviewed and revised,
as necessary, by the school;
(iv) available to the local educational agency, parents,
and the public, and the information contained
in such plan shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand; and
(v) if appropriate, developed in coordination with
programs under Reading First, Early Reading First,
Even Start, Carl D. Perkins Vocational and Technical
Education Act of 1998, and the Head Start Act.
(c) PREKINDERGARTEN PROGRAM.—A school that is eligible for
a schoolwide program under this section may use funds made
available under this part to establish or enhance prekindergarten
programs for children below the age of 6, such as Even Start
programs or Early Reading First programs.
SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
(a) IN GENERAL.—In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, or that choose not to operate such a schoolwide program,
a local educational agency serving such school may use
funds received under this part only for programs that provide
services to eligible children under subsection (b) identified as having
the greatest need for special assistance.
(b) ELIGIBLE CHILDREN.—
(1) ELIGIBLE POPULATION.—
(A) IN GENERAL.—The eligible population for services
under this section is—
(i) children not older than age 21 who are entitled
to a free public education through grade 12; and
(ii) children who are not yet at a grade level
at which the local educational agency provides a free
public education.
(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.—
From the population described in subparagraph (A), eligible
children are children identified by the school as failing,
or most at risk of failing, to meet the State’s challenging
student academic achievement standards on the basis of
multiple, educationally related, objective criteria established
by the local educational agency and supplemented
by the school, except that children from preschool through
grade 2 shall be selected solely on the basis of such criteria
as teacher judgment, interviews with parents, and developmentally
appropriate measures.
20 USC 6315.
(2) CHILDREN INCLUDED.—
(A) IN GENERAL.—Children who are economically disadvantaged,
children with disabilities, migrant children or
limited English proficient children, are eligible for services
under this part on the same basis as other children selected
to receive services under this part.
(B) HEAD START, EVEN START, OR EARLY READING FIRST
CHILDREN.—A child who, at any time in the 2 years preceding
the year for which the determination is made,
participated in a Head Start, Even Start, or Early Reading
First program, or in preschool services under this title,
is eligible for services under this part.
(C) PART C CHILDREN.—A child who, at any time in
the 2 years preceding the year for which the determination
is made, received services under part C is eligible for
services under this part.
(D) NEGLECTED OR DELINQUENT CHILDREN.—A child
in a local institution for neglected or delinquent children
and youth or attending a community day program for such
children is eligible for services under this part.
(E) HOMELESS CHILDREN.—A child who is homeless
and attending any school served by the local educational
agency is eligible for services under this part.
(3) SPECIAL RULE.—Funds received under this part may
not be used to provide services that are otherwise required
by law to be made available to children described in paragraph
(2) but may be used to coordinate or supplement such services.
(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM.
—
(1) IN GENERAL.—To assist targeted assistance schools
and local educational agencies to meet their responsibility to
provide for all their students served under this part the opportunity
to meet the State’s challenging student academic
achievement standards in subjects as determined by the State,
each targeted assistance program under this section shall—
(A) use such program’s resources under this part to
help participating children meet such State’s challenging
student academic achievement standards expected for all
children;
(B) ensure that planning for students served under
this part is incorporated into existing school planning;
(C) use effective methods and instructional strategies
that are based on scientifically based research that
strengthens the core academic program of the school and
that—
(i) give primary consideration to providing
extended learning time, such as an extended school
year, before- and after-school, and summer programs
and opportunities;
(ii) help provide an accelerated, high-quality curriculum,
including applied learning; and
(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
(D) coordinate with and support the regular education
program, which may include services to assist preschool
children in the transition from early childhood programs
such as Head Start, Even Start, Early Reading First or
State-run preschool programs to elementary school programs;
(E) provide instruction by highly qualified teachers;
(F) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development
with resources provided under this part, and, to the extent
practicable, from other sources, for teachers, principals,
and paraprofessionals, including, if appropriate, pupil services
personnel, parents, and other staff, who work with
participating children in programs under this section or
in the regular education program;
(G) provide strategies to increase parental involvement
in accordance with section 1118, such as family literacy
services; and
(H) coordinate and integrate Federal, State, and local
services and programs, including programs supported
under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start, adult education,
vocational and technical education, and job training.
(2) REQUIREMENTS.—Each school conducting a program
under this section shall assist participating children selected
in accordance with subsection (b) to meet the State’s proficient
and advanced levels of achievement by—
(A) the coordinating of resources provided under this
part with other resources; and
(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State’s challenging student
academic achievement standards, such as an extended
school year, before- and after-school, and summer programs
and opportunities, training for teachers regarding how to
identify students who need additional assistance, and
training for teachers regarding how to implement student
academic achievement standards in the classroom.
(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote
the integration of staff supported with funds under this part
into the regular school program and overall school planning and
improvement efforts, public school personnel who are paid with
funds received under this part may—
(1) participate in general professional development and
school planning activities; and
(2) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond classroom
instruction or that do not benefit participating children,
so long as the amount of time spent on such duties is the
same proportion of total work time as prevails with respect
to similar personnel at the same school.
(e) SPECIAL RULES.—
(1) SIMULTANEOUS SERVICE.—Nothing in this section shall
be construed to prohibit a school from serving students under
this section simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
(2) COMPREHENSIVE SERVICES.—If—
(A) health, nutrition, and other social services are
not otherwise available to eligible children in a targeted
assistance school and such school, if appropriate, has
engaged in a comprehensive needs assessment and established
a collaborative partnership with local service providers;
and
(B) funds are not reasonably available from other
public or private sources to provide such services, then
a portion of the funds provided under this part may be
used as a last resort to provide such services, including—
(i) the provision of basic medical equipment, such
as eyeglasses and hearing aids;
(ii) compensation of a coordinator; and
(iii) professional development necessary to assist
teachers, pupil services personnel, other staff, and parents
in identifying and meeting the comprehensive
needs of eligible children.
(3) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to carry out effectively the professional development
activities described in subparagraph (F) of subsection (c)(1)
in accordance with section 1119 for such fiscal year, and a
school may enter into a consortium with another school to
carry out such activities.
SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL
AGENCY AND SCHOOL IMPROVEMENT.
(a) LOCAL REVIEW.—
(1) IN GENERAL.—Each local educational agency receiving
funds under this part shall—
(A) use the State academic assessments and other
indicators described in the State plan to review annually
the progress of each school served under this part to determine
whether the school is making adequate yearly
progress as defined in section 1111(b)(2);
(B) at the local educational agency’s discretion, use
any academic assessments or any other academic indicators
described in the local educational agency’s plan under section
1112(b)(1)(A) and (B) to review annually the progress
of each school served under this part to determine whether
the school is making adequate yearly progress as defined
in section 1111(b)(2), except that the local educational
agency may not use such indicators (other than as provided
for in section 1111(b)(2)(I)) if the indicators reduce the
number or change the schools that would otherwise be
subject to school improvement, corrective action, or restructuring
under section 1116 if such additional indicators
were not used, but may identify additional schools for
school improvement or in need of corrective action or
restructuring;
(C) publicize and disseminate the results of the local
annual review described in paragraph (1) to parents,
teachers, principals, schools, and the community so that
the teachers, principals, other staff, and schools can continually
refine, in an instructionally useful manner, the program
of instruction to help all children served under this
20 USC 6316.
part meet the challenging State student academic achievement
standards established under section 1111(b)(1); and
(D) review the effectiveness of the actions and activities
the schools are carrying out under this part with
respect to parental involvement, professional development,
and other activities assisted under this part.
(2) AVAILABLE RESULTS.—The State educational agency
shall ensure that the results of State academic assessments
administered in that school year are available to the local
educational agency before the beginning of the next school
year.
(b) SCHOOL IMPROVEMENT.—
(1) GENERAL REQUIREMENTS.—
(A) IDENTIFICATION.—Subject to subparagraph (C), a
local educational agency shall identify for school improvement
any elementary school or secondary school served
under this part that fails, for 2 consecutive years, to make
adequate yearly progress as defined in the State’s plan
under section 1111(b)(2).
(B) DEADLINE.—The identification described in
subparagraph (A) shall take place before the beginning
of the school year following such failure to make adequate
yearly progress.
(C) APPLICATION.—Subparagraph (A) shall not apply
to a school if almost every student in each group specified
in section 1111(b)(2)(C)(v) enrolled in such school is meeting
or exceeding the State’s proficient level of academic achievement.
(D) TARGETED ASSISTANCE SCHOOLS.—To determine if
an elementary school or a secondary school that is conducting
a targeted assistance program under section 1115
should be identified for school improvement, corrective
action, or restructuring under this section, a local educational
agency may choose to review the progress of only
the students in the school who are served, or are eligible
for services, under this part.
(E) PUBLIC SCHOOL CHOICE.—
(i) IN GENERAL.—In the case of a school identified
for school improvement under this paragraph, the local
educational agency shall, not later than the first day
of the school year following such identification, provide
all students enrolled in the school with the option
to transfer to another public school served by the local
educational agency, which may include a public charter
school, that has not been identified for school improvement
under this paragraph, unless such an option
is prohibited by State law.
(ii) RULE.—In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest achieving children
from low-income families, as determined by the
local educational agency for purposes of allocating
funds to schools under section 1113(c)(1).
(F) TRANSFER.—Students who use the option to
transfer under subparagraph (E) and paragraph (5)(A),
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be
enrolled in classes and other activities in the public school
to which the students transfer in the same manner as
all other children at the public school.
(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME
LIMIT.—
(A) IDENTIFICATION.—Before identifying an
elementary school or a secondary school for school improvement
under paragraphs (1) or (5)(A), for corrective action
under paragraph (7), or for restructuring under paragraph
(8), the local educational agency shall provide the school
with an opportunity to review the school-level data,
including academic assessment data, on which the proposed
identification is based.
(B) EVIDENCE.—If the principal of a school proposed
for identification under paragraph (1), (5)(A), (7), or (8)
believes, or a majority of the parents of the students
enrolled in such school believe, that the proposed identification
is in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the local
educational agency, which shall consider that evidence
before making a final determination.
(C) FINAL DETERMINATION.—Not later than 30 days
after a local educational agency provides the school with
the opportunity to review such school-level data, the local
educational agency shall make public a final determination
on the status of the school with respect to the identification.
(3) SCHOOL PLAN.—
(A) REVISED PLAN.—After the resolution of a review
under paragraph (2), each school identified under paragraph
(1) for school improvement shall, not later than
3 months after being so identified, develop or revise a
school plan, in consultation with parents, school staff, the
local educational agency serving the school, and outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and—
(i) incorporate strategies based on scientifically
based research that will strengthen the core academic
subjects in the school and address the specific academic
issues that caused the school to be identified for school
improvement, and may include a strategy for the
implementation of a comprehensive school reform
model that includes each of the components described
in part F;
(ii) adopt policies and practices concerning the
school’s core academic subjects that have the greatest
likelihood of ensuring that all groups of students specified
in section 1111(b)(2)(C)(v) and enrolled in the
school will meet the State’s proficient level of achievement
on the State academic assessment described in
section 1111(b)(3) not later than 12 years after the
end of the 2001–2002 school year;
(iii) provide an assurance that the school will
spend not less than 10 percent of the funds made
available to the school under section 1113 for each
fiscal year that the school is in school improvement
status, for the purpose of providing to the school’s
teachers and principal high-quality professional
development that—
(I) directly addresses the academic achievement
problem that caused the school to be identified
for school improvement;
(II) meets the requirements for professional
development activities under section 1119; and
(III) is provided in a manner that affords
increased opportunity for participating in that
professional development;
(iv) specify how the funds described in clause
(iii) will be used to remove the school from school
improvement status;
(v) establish specific annual, measurable objectives
for continuous and substantial progress by each
group of students specified in section 1111(b)(2)(C)(v)
and enrolled in the school that will ensure that all
such groups of students will, in accordance with adequate
yearly progress as defined in section 1111(b)(2),
meet the State’s proficient level of achievement on
the State academic assessment described in section
1111(b)(3) not later than 12 years after the end of
the 2001–2002 school year;
(vi) describe how the school will provide written
notice about the identification to parents of each student
enrolled in such school, in a format and, to the
extent practicable, in a language that the parents can
understand;
(vii) specify the responsibilities of the school, the
local educational agency, and the State educational
agency serving the school under the plan, including
the technical assistance to be provided by the local
educational agency under paragraph (4) and the local
educational agency’s responsibilities under section
1120A;
(viii) include strategies to promote effective
parental involvement in the school;
(ix) incorporate, as appropriate, activities before
school, after school, during the summer, and during
any extension of the school year; and
(x) incorporate a teacher mentoring program.
(B) CONDITIONAL APPROVAL.—The local educational
agency may condition approval of a school plan under this
paragraph on—
(i) inclusion of one or more of the corrective
actions specified in paragraph (7)(C)(iv); or
(ii) feedback on the school improvement plan from
parents and community leaders.
(C) PLAN IMPLEMENTATION.—Except as provided in
subparagraph (D), a school shall implement the school plan
(including a revised plan) expeditiously, but not later than
the beginning of the next full school year following the
identification under paragraph (1).
(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding
subparagraph (C), if a plan is not approved prior
to the beginning of a school year, such plan shall be implemented
immediately upon approval.
(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The local
educational agency, within 45 days of receiving a school
plan, shall—
(i) establish a peer review process to assist with
review of the school plan; and
(ii) promptly review the school plan, work with
the school as necessary, and approve the school plan
if the plan meets the requirements of this paragraph.
(4) TECHNICAL ASSISTANCE.—
(A) IN GENERAL.—For each school identified for school
improvement under paragraph (1), the local educational
agency serving the school shall ensure the provision of
technical assistance as the school develops and implements
the school plan under paragraph (3) throughout the plan’s
duration.
(B) SPECIFIC ASSISTANCE.—Such technical
assistance—
(i) shall include assistance in analyzing data from
the assessments required under section 1111(b)(3), and
other examples of student work, to identify and address
problems in instruction, and problems if any, in implementing
the parental involvement requirements
described in section 1118, the professional development
requirements described in section 1119, and the
responsibilities of the school and local educational
agency under the school plan, and to identify and
address solutions to such problems;
(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based
on scientifically based research and that have proven
effective in addressing the specific instructional issues
that caused the school to be identified for school
improvement;
(iii) shall include assistance in analyzing and
revising the school’s budget so that the school’s
resources are more effectively allocated to the activities
most likely to increase student academic achievement
and to remove the school from school improvement
status; and
(iv) may be provided—
(I) by the local educational agency, through
mechanisms authorized under section 1117; or
(II) by the State educational agency, an
institution of higher education (that is in full
compliance with all the reporting provisions of title
II of the Higher Education Act of 1965), a private
not-for-profit organization or for-profit organization,
an educational service agency, or another
entity with experience in helping schools improve
academic achievement.
(C) SCIENTIFICALLY BASED RESEARCH.—Technical
assistance provided under this section by a local educational
agency or an entity approved by that agency shall
be based on scientifically based research.
(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER
IDENTIFICATION.—In the case of any school served under this
Establishment.
part that fails to make adequate yearly progress, as set out
in the State’s plan under section 1111(b)(2), by the end of
the first full school year after identification under paragraph
(1), the local educational agency serving such school—
(A) shall continue to provide all students enrolled
in the school with the option to transfer to another public
school served by the local educational agency in accordance
with subparagraphs (E) and (F);
(B) shall make supplemental educational services
available consistent with subsection (e)(1); and
(C) shall continue to provide technical assistance.
(6) NOTICE TO PARENTS.—A local educational agency shall
promptly provide to a parent or parents (in an understandable
and uniform format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in an
elementary school or a secondary school identified for school
improvement under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph (8)—
(A) an explanation of what the identification means,
and how the school compares in terms of academic achievement
to other elementary schools or secondary schools
served by the local educational agency and the State educational
agency involved;
(B) the reasons for the identification;
(C) an explanation of what the school identified for
school improvement is doing to address the problem of
low achievement;
(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
(E) an explanation of how the parents can become
involved in addressing the academic issues that caused
the school to be identified for school improvement; and
(F) an explanation of the parents’ option to transfer
their child to another public school under paragraphs (1)(E),
(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when required by
paragraph (9)) or to obtain supplemental educational services
for the child, in accordance with subsection (e).
(7) CORRECTIVE ACTION.—
(A) IN GENERAL.—In this subsection, the term ‘corrective
action’ means action, consistent with State law, that—
(i) substantially and directly responds to—
(I) the consistent academic failure of a school
that caused the local educational agency to take
such action; and
(II) any underlying staffing, curriculum, or
other problems in the school; and
(ii) is designed to increase substantially the likelihood
that each group of students described in
1111(b)(2)(C) enrolled in the school identified for corrective
action will meet or exceed the State’s proficient
levels of achievement on the State academic assessments
described in section 1111(b)(3).
(B) SYSTEM.—In order to help students served under
this part meet challenging State student academic achievement
standards, each local educational agency shall implement
a system of corrective action in accordance with subparagraphs
(C) through (E).
(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the
case of any school served by a local educational agency
under this part that fails to make adequate yearly progress,
as defined by the State under section 1111(b)(2), by the
end of the second full school year after the identification
under paragraph (1), the local educational agency shall—
(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
(ii) continue to provide technical assistance consistent
with paragraph (4) while instituting any corrective
action under clause (iv);
(iii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
(iv) identify the school for corrective action and
take at least one of the following corrective actions:
(I) Replace the school staff who are relevant
to the failure to make adequate yearly progress.
(II) Institute and fully implement a new curriculum,
including providing appropriate professional
development for all relevant staff, that is
based on scientifically based research and offers
substantial promise of improving educational
achievement for low-achieving students and
enabling the school to make adequate yearly
progress.
(III) Significantly decrease management
authority at the school level.
(IV) Appoint an outside expert to advise the
school on its progress toward making adequate
yearly progress, based on its school plan under
paragraph (3).
(V) Extend the school year or school day for
the school.
(VI) Restructure the internal organizational
structure of the school.
(D) DELAY.—Notwithstanding any other provision of
this paragraph, the local educational agency may delay,
for a period not to exceed 1 year, implementation of the
requirements under paragraph (5), corrective action under
this paragraph, or restructuring under paragraph (8) if
the school makes adequate yearly progress for 1 year or
if its failure to make adequate yearly progress is due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in
the financial resources of the local educational agency or
school. No such period shall be taken into account in determining
the number of consecutive years of failure to make
adequate yearly progress.
(E) PUBLICATION AND DISSEMINATION.—The local educational
agency shall publish and disseminate information
regarding any corrective action the local educational agency
takes under this paragraph at a school—
(i) to the public and to the parents of each student
enrolled in the school subject to corrective action;
(ii) in an understandable and uniform format and,
to the extent practicable, provided in a language that
the parents can understand; and
(iii) through such means as the Internet, the
media, and public agencies.
(8) RESTRUCTURING.—
(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—
If, after 1 full school year of corrective action under paragraph
(7), a school subject to such corrective action continues
to fail to make adequate yearly progress, then the
local educational agency shall—
(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
(ii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
(iii) prepare a plan and make necessary arrangements
to carry out subparagraph (B).
(B) ALTERNATIVE GOVERNANCE.—Not later than the
beginning of the school year following the year in which
the local educational agency implements subparagraph (A),
the local educational agency shall implement one of the
following alternative governance arrangements for the
school consistent with State law:
(i) Reopening the school as a public charter school.
(ii) Replacing all or most of the school staff (which
may include the principal) who are relevant to the
failure to make adequate yearly progress.
(iii) Entering into a contract with an entity, such
as a private management company, with a demonstrated
record of effectiveness, to operate the public
school.
(iv) Turning the operation of the school over to
the State educational agency, if permitted under State
law and agreed to by the State.
(v) Any other major restructuring of the school’s
governance arrangement that makes fundamental
reforms, such as significant changes in the school’s
staffing and governance, to improve student academic
achievement in the school and that has substantial
promise of enabling the school to make adequate yearly
progress as defined in the State plan under section
1111(b)(2). In the case of a rural local educational
agency with a total of less than 600 students in average
daily attendance at the schools that are served by
the agency and all of whose schools have a School
Locale Code of 7 or 8, as determined by the Secretary,
the Secretary shall, at such agency’s request, provide
Deadline.
technical assistance to such agency for the purpose
of implementing this clause.
(C) PROMPT NOTICE.—The local educational agency
shall—
(i) provide prompt notice to teachers and parents
whenever subparagraph (A) or (B) applies; and
(ii) provide the teachers and parents with an adequate
opportunity to—
(I) comment before taking any action under
those subparagraphs; and
(II) participate in developing any plan under
subparagraph (A)(iii).
(9) TRANSPORTATION.—In any case described in paragraph
(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),
and (8)(A), and subsection (c)(10)(C)(vii), the local educational
agency shall provide, or shall pay for the provision of, transportation
for the student to the public school the student attends.
(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL
SERVICES.—
(A) IN GENERAL.—Unless a lesser amount is needed
to comply with paragraph (9) and to satisfy all requests
for supplemental educational services under subsection (e),
a local educational agency shall spend an amount equal
to 20 percent of its allocation under subpart 2, from which
the agency shall spend—
(i) an amount equal to 5 percent of its allocation
under subpart 2 to provide, or pay for, transportation
under paragraph (9);
(ii) an amount equal to 5 percent of its allocation
under subpart 2 to provide supplemental educational
services under subsection (e); and
(iii) an amount equal to the remaining 10 percent
of its allocation under subpart 2 for transportation
under paragraph (9), supplemental educational services
under subsection (e), or both, as the agency determines.
(B) TOTAL AMOUNT.—The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this
part on supplemental educational services described in subsection
(e).
(C) INSUFFICIENT FUNDS.—If the amount of funds
described in subparagraph (A)(ii) or (iii) and available to
provide services under this subsection is insufficient to
provide supplemental educational services to each child
whose parents request the services, the local educational
agency shall give priority to providing the services to the
lowest-achieving children.
(D) PROHIBITION.—A local educational agency shall
not, as a result of the application of this paragraph, reduce
by more than 15 percent the total amount made available
under section 1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
(11) COOPERATIVE AGREEMENT.—In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection
(c)(10)(C)(vii) if all public schools served by the local educational
agency to which a child may transfer are identified for school
improvement, corrective action or restructuring, the agency
shall, to the extent practicable, establish a cooperative agreement
with other local educational agencies in the area for
a transfer.
(12) DURATION.—If any school identified for school
improvement, corrective action, or restructuring makes adequate
yearly progress for two consecutive school years, the
local educational agency shall no longer subject the school
to the requirements of school improvement, corrective action,
or restructuring or identify the school for school improvement
for the succeeding school year.
(13) SPECIAL RULE.—A local educational agency shall
permit a child who transferred to another school under this
subsection to remain in that school until the child has completed
the highest grade in that school. The obligation of the
local educational agency to provide, or to provide for, transportation
for the child ends at the end of a school year if the
local educational agency determines that the school from which
the child transferred is no longer identified for school improvement
or subject to corrective action or restructuring.
(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The
State educational agency shall—
(A) make technical assistance under section 1117
available to schools identified for school improvement,
corrective action, or restructuring under this subsection
consistent with section 1117(a)(2);
(B) if the State educational agency determines that
a local educational agency failed to carry out its responsibilities
under this subsection, take such corrective actions
as the State educational agency determines to be appropriate
and in compliance with State law;
(C) ensure that academic assessment results under
this part are provided to schools before any identification
of a school may take place under this subsection; and
(D) for local educational agencies or schools identified
for improvement under this subsection, notify the Secretary
of major factors that were brought to the attention of
the State educational agency under section 1111(b)(9) that
have significantly affected student academic achievement.
(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.
—
(1) IN GENERAL.—A State shall—
(A) annually review the progress of each local educational
agency receiving funds under this part to determine
whether schools receiving assistance under this part
are making adequate yearly progress as defined in section
1111(b)(2) toward meeting the State’s student academic
achievement standards and to determine if each local educational
agency is carrying out its responsibilities under
this section and sections 1117, 1118, and 1119; and
(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(2).
(2) REWARDS.—In the case of a local educational agency
that, for 2 consecutive years, has exceeded adequate yearly
progress as defined in the State plan under section 1111(b)(2),
the State may make rewards of the kinds described under
section 1117 to the agency.
(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR
IMPROVEMENT.—A State shall identify for improvement any
local educational agency that, for 2 consecutive years, including
the period immediately prior to the date of enactment of the
No Child Left Behind Act of 2001, failed to make adequate
yearly progress as defined in the State’s plan under section
1111(b)(2).
(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing targeted
assistance schools served by a local educational agency,
a State educational agency may choose to review the progress
of only the students in such schools who are served, or are
eligible for services, under this part.
(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—
(A) REVIEW.—Before identifying a local educational
agency for improvement under paragraph (3) or corrective
action under paragraph (10), a State educational agency
shall provide the local educational agency with an opportunity
to review the data, including academic assessment
data, on which the proposed identification is based.
(B) EVIDENCE.—If the local educational agency
believes that the proposed identification is in error for
statistical or other substantive reasons, the agency may
provide supporting evidence to the State educational
agency, which shall consider the evidence before making
a final determination not later than 30 days after the
State educational agency provides the local educational
agency with the opportunity to review such data under
subparagraph (A).
(6) NOTIFICATION TO PARENTS.—The State educational
agency shall promptly provide to the parents (in a format
and, to the extent practicable, in a language the parents can
understand) of each student enrolled in a school served by
a local educational agency identified for improvement, the
results of the review under paragraph (1) and, if the agency
is identified for improvement, the reasons for that identification
and how parents can participate in upgrading the quality of
the local educational agency.
(7) LOCAL EDUCATIONAL AGENCY REVISIONS.—
(A) PLAN.—Each local educational agency identified
under paragraph (3) shall, not later than 3 months after
being so identified, develop or revise a local educational
agency plan, in consultation with parents, school staff,
and others. Such plan shall—
(i) incorporate scientifically based research strategies
that strengthen the core academic program in
schools served by the local educational agency;
(ii) identify actions that have the greatest likelihood
of improving the achievement of participating
children in meeting the State’s student academic
achievement standards;
(iii) address the professional development needs
of the instructional staff serving the agency by committing
to spend not less than 10 percent of the funds
received by the local educational agency under subpart
2 for each fiscal year in which the agency is identified
for improvement for professional development
(including funds reserved for professional development
under subsection (b)(3)(A)(iii)), but excluding funds
reserved for professional development under section
1119;
(iv) include specific measurable achievement goals
and targets for each of the groups of students identified
in the disaggregated data pursuant to section
1111(b)(2)(C)(v), consistent with adequate yearly
progress as defined under section 1111(b)(2);
(v) address the fundamental teaching and
learning needs in the schools of that agency, and the
specific academic problems of low-achieving students,
including a determination of why the local educational
agency’s prior plan failed to bring about increased student
academic achievement;
(vi) incorporate, as appropriate, activities before
school, after school, during the summer, and during
an extension of the school year;
(vii) specify the responsibilities of the State educational
agency and the local educational agency under
the plan, including specifying the technical assistance
to be provided by the State educational agency under
paragraph (9) and the local educational agency’s
responsibilities under section 1120A; and
(viii) include strategies to promote effective
parental involvement in the school.
(B) IMPLEMENTATION.—The local educational agency
shall implement the plan (including a revised plan) expeditiously,
but not later than the beginning of the next school
year after the school year in which the agency was identified
for improvement.
(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—
(A) TECHNICAL OR OTHER ASSISTANCE.—For each local
educational agency identified under paragraph (3), the
State educational agency shall provide technical or other
assistance if requested, as authorized under section 1117,
to better enable the local educational agency to—
(i) develop and implement the local educational
agency’s plan; and
(ii) work with schools needing improvement.
(B) METHODS AND STRATEGIES.—Technical assistance
provided under this section by the State educational agency
or an entity authorized by such agency shall be supported
by effective methods and instructional strategies based on
scientifically based research. Such technical assistance
shall address problems, if any, in implementing the
parental involvement activities described in section 1118
and the professional development activities described in
section 1119.
(10) CORRECTIVE ACTION.—In order to help students served
under this part meet challenging State student academic
achievement standards, each State shall implement a system
of corrective action in accordance with the following:
(A) DEFINITION.—As used in this paragraph, the term
‘corrective action’ means action, consistent with State law,
that—
(i) substantially and directly responds to the consistent
academic failure that caused the State to take
such action and to any underlying staffing, curricular,
or other problems in the agency; and
(ii) is designed to meet the goal of having all
students served under this part achieve at the proficient
and advanced student academic achievement
levels.
(B) GENERAL REQUIREMENTS.—After providing technical
assistance under paragraph (9) and subject to
subparagraph (E), the State—
(i) may take corrective action at any time with
respect to a local educational agency that has been
identified under paragraph (3);
(ii) shall take corrective action with respect to
any local educational agency that fails to make adequate
yearly progress, as defined by the State, by
the end of the second full school year after the identification
of the agency under paragraph (3); and
(iii) shall continue to provide technical assistance
while instituting any corrective action under clause
(i) or (ii).
(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the
case of a local educational agency identified for corrective
action, the State educational agency shall take at least
one of the following corrective actions:
(i) Deferring programmatic funds or reducing
administrative funds.
(ii) Instituting and fully implementing a new curriculum
that is based on State and local academic
content and achievement standards, including providing
appropriate professional development based on
scientifically based research for all relevant staff, that
offers substantial promise of improving educational
achievement for low-achieving students.
(iii) Replacing the local educational agency personnel
who are relevant to the failure to make adequate
yearly progress.
(iv) Removing particular schools from the jurisdiction
of the local educational agency and establishing
alternative arrangements for public governance and
supervision of such schools.
(v) Appointing, through the State educational
agency, a receiver or trustee to administer the affairs
of the local educational agency in place of the superintendent
and school board.
(vi) Abolishing or restructuring the local educational
agency.
(vii) Authorizing students to transfer from a
school operated by the local educational agency to a
higher-performing public school operated by another
local educational agency in accordance with subsections
(b)(1)(E) and (F), and providing to such students
transportation (or the costs of transportation) to such
schools consistent with subsection (b)(9), in conjunction
with carrying out not less than one additional action
described under this subparagraph.
(D) HEARING.—Prior to implementing any corrective
action under this paragraph, the State educational agency
shall provide notice and a hearing to the affected local
educational agency, if State law provides for such notice
and hearing. The hearing shall take place not later than
45 days following the decision to implement corrective
action.
(E) NOTICE TO PARENTS.—The State educational
agency shall publish, and disseminate to parents and the
public, information on any corrective action the State educational
agency takes under this paragraph through such
means as the Internet, the media, and public agencies.
(F) DELAY.—Notwithstanding subparagraph (B)(ii), a
State educational agency may delay, for a period not to
exceed 1 year, implementation of corrective action under
this paragraph if the local educational agency makes adequate
yearly progress for 1 year or its failure to make
adequate yearly progress is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of
the local educational agency. No such period shall be taken
into account in determining the number of consecutive
years of failure to make adequate yearly progress.
(11) SPECIAL RULE.—If a local educational agency makes
adequate yearly progress for two consecutive school years beginning
after the date of identification of the agency under paragraph
(3), the State educational agency need no longer identify
the local educational agency for improvement or subject the
local educational agency to corrective action for the succeeding
school year.
(d) CONSTRUCTION.—Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and procedures
afforded school or school district employees under Federal, State,
or local laws (including applicable regulations or court orders) or
under the terms of collective bargaining agreements, memoranda
of understanding, or other agreements between such employees
and their employers.
(e) SUPPLEMENTAL EDUCATIONAL SERVICES.—
(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case
of any school described in paragraph (5), (7), or (8) of subsection
(b), the local educational agency serving such school shall,
subject to this subsection, arrange for the provision of supplemental
educational services to eligible children in the school
from a provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that purpose
by the State educational agency in accordance with reasonable
criteria, consistent with paragraph (5), that the State educational
agency shall adopt.
(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each
local educational agency subject to this subsection shall—
(A) provide, at a minimum, annual notice to parents
(in an understandable and uniform format and, to the
extent practicable, in a language the parents can understand)
of—
(i) the availability of services under this subsection;
(ii) the identity of approved providers of those
services that are within the local educational agency
or whose services are reasonably available in neighboring
local educational agencies; and
(iii) a brief description of the services, qualifications,
and demonstrated effectiveness of each such provider;
(B) if requested, assist parents in choosing a provider
from the list of approved providers maintained by the State;
(C) apply fair and equitable procedures for serving
students if the number of spaces at approved providers
is not sufficient to serve all students; and
(D) not disclose to the public the identity of any student
who is eligible for, or receiving, supplemental educational
services under this subsection without the written
permission of the parents of the student.
(3) AGREEMENT.—In the case of the selection of an
approved provider by a parent, the local educational agency
shall enter into an agreement with such provider. Such agreement
shall—
(A) require the local educational agency to develop,
in consultation with parents (and the provider chosen by
the parents), a statement of specific achievement goals
for the student, how the student’s progress will be measured,
and a timetable for improving achievement that,
in the case of a student with disabilities, is consistent
with the student’s individualized education program under
section 614(d) of the Individuals with Disabilities Education
Act;
(B) describe how the student’s parents and the student’s
teacher or teachers will be regularly informed of
the student’s progress;
(C) provide for the termination of such agreement
if the provider is unable to meet such goals and timetables;
(D) contain provisions with respect to the making
of payments to the provider by the local educational agency;
and
(E) prohibit the provider from disclosing to the public
the identity of any student eligible for, or receiving, supplemental
educational services under this subsection without
the written permission of the parents of such student.
(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A
State educational agency shall—
(A) in consultation with local educational agencies,
parents, teachers, and other interested members of the
public, promote maximum participation by providers to
ensure, to the extent practicable, that parents have as
many choices as possible;
(B) develop and apply objective criteria, consistent
with paragraph (5), to potential providers that are based
on a demonstrated record of effectiveness in increasing
the academic proficiency of students in subjects relevant
to meeting the State academic content and student achievement
standards adopted under section 1111(b)(1);
(C) maintain an updated list of approved providers
across the State, by school district, from which parents
may select;
(D) develop, implement, and publicly report on standards
and techniques for monitoring the quality and
effectiveness of the services offered by approved providers
under this subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years, to contribute
to increasing the academic proficiency of students served
under this subsection as described in subparagraph (B);
and
(E) provide annual notice to potential providers of
supplemental educational services of the opportunity to
provide services under this subsection and of the applicable
procedures for obtaining approval from the State educational
agency to be an approved provider of those services.
(5) CRITERIA FOR PROVIDERS.—In order for a provider to
be included on the State list under paragraph (4)(C), a provider
shall agree to carry out the following:
(A) Provide parents of children receiving supplemental
educational services under this subsection and the appropriate
local educational agency with information on the
progress of the children in increasing achievement, in a
format and, to the extent practicable, a language that
such parents can understand.
(B) Ensure that instruction provided and content used
by the provider are consistent with the instruction provided
and content used by the local educational agency and State,
and are aligned with State student academic achievement
standards.
(C) Meet all applicable Federal, State, and local
health, safety, and civil rights laws.
(D) Ensure that all instruction and content under
this subsection are secular, neutral, and nonideological.
(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES.
—The amount that a local educational agency shall make
available for supplemental educational services for each child
receiving those services under this subsection shall be the lesser
of—
(A) the amount of the agency’s allocation under subpart
2, divided by the number of children from families
below the poverty level counted under section 1124(c)(1)(A);
or
(B) the actual costs of the supplemental educational
services received by the child.
(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.—
Each State educational agency may use funds that the agency
reserves under this part, and part A of title V, to assist local
educational agencies that do not have sufficient funds to provide
services under this subsection for all eligible students
requesting such services.
(8) DURATION.—The local educational agency shall continue
to provide supplemental educational services to a child
receiving such services under this subsection until the end
of the school year in which such services were first received.
(9) PROHIBITION.—Nothing contained in this subsection
shall permit the making of any payment for religious worship
or instruction.
(10) WAIVER.—
(A) REQUIREMENT.—At the request of a local educational
agency, a State educational agency may waive,
in whole or in part, the requirement of this subsection
to provide supplemental educational services if the State
educational agency determines that—
(i) none of the providers of those services on the
list approved by the State educational agency under
paragraph (4)(C) makes those services available in the
area served by the local educational agency or within
a reasonable distance of that area; and
(ii) the local educational agency provides evidence
that it is not able to provide those services.
(B) NOTIFICATION.—The State educational agency
shall notify the local educational agency, within 30 days
of receiving the local educational agency’s request for a
waiver under subparagraph (A), whether the request is
approved or disapproved and, if disapproved, the reasons
for the disapproval, in writing.
(11) SPECIAL RULE.—If State law prohibits a State educational
agency from carrying out one or more of its responsibilities
under paragraph (4) with respect to those who provide,
or seek approval to provide, supplemental educational services,
each local educational agency in the State shall carry out
those responsibilities with respect to its students who are
eligible for those services.
(12) DEFINITIONS.—In this subsection—
(A) the term ‘eligible child’ means a child from a
low-income family, as determined by the local educational
agency for purposes of allocating funds to schools under
section 1113(c)(1);
(B) the term ‘provider’ means a non-profit entity, a
for-profit entity, or a local educational agency that—
(i) has a demonstrated record of effectiveness in
increasing student academic achievement;
(ii) is capable of providing supplemental educational
services that are consistent with the instructional
program of the local educational agency and
the academic standards described under section 1111;
and
(iii) is financially sound; and
(C) the term ‘supplemental educational services’
means tutoring and other supplemental academic enrichment
services that are—
(i) in addition to instruction provided during the
school day; and
(ii) are of high quality, research-based, and
specifically designed to increase the academic achievement
of eligible children on the academic assessments
required under section 1111 and attain proficiency in
meeting the State’s academic achievement standards.
(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVEMENT
OR CORRECTIVE ACTION.—
(1) SCHOOLS.—
(A) SCHOOL IMPROVEMENT.—
(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS
BEFORE DATE OF ENACTMENT.—Any school that was
in the first year of school improvement status under
this section on the day preceding the date of enactment
of the No Child Left Behind Act of 2001 (as this section
was in effect on such day) shall be treated by the
local educational agency as a school that is in the
first year of school improvement status under paragraph
(1).
(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR
2 OR MORE YEARS BEFORE DATE OF ENACTMENT.—Any
school that was in school improvement status under
this section for two or more consecutive school years
preceding the date of enactment of the No Child Left
Behind Act of 2001 (as this section was in effect on
such day) shall be treated by the local educational
agency as a school described in subsection (b)(5).
(B) CORRECTIVE ACTION.—Any school that was in
corrective action status under this section on the day preceding
the date of enactment of the No Child Left Behind
Act of 2001 (as this section was in effect on such day)
shall be treated by the local educational agency as a school
described in paragraph (7).
(2) LEAS.—
(A) LEA IMPROVEMENT.—A State shall identify for
improvement under subsection (c)(3) any local educational
agency that was in improvement status under this section
as this section was in effect on the day preceding the
date of enactment of the No Child Left Behind Act of
2001.
(B) CORRECTIVE ACTION.—A State shall identify for
corrective action under subsection (c)(10) any local educational
agency that was in corrective action status under
this section as this section was in effect on the day preceding
the date of enactment of the No Child Left Behind
Act of 2001.
(C) SPECIAL RULE.—For the schools and other local
educational agencies described under paragraphs (1) and
(2), as required, the State shall ensure that public school
choice in accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in accordance with
subsection (e) are provided not later than the first day
of the 2002–2003 school year.
(D) TRANSITION.—With respect to a determination
that a local educational agency has for 2 consecutive years
failed to make adequate yearly progress as defined in the
State plan under section 1111(b)(2), such determination
shall include in such 2-year period any continuous period
of time immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during which the
agency has failed to make such progress.
(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.—
(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED
SCHOOLS.—
(A) DEVELOPMENT OF DEFINITION.—
(i) DEFINITION.—The Secretary of the Interior, in
consultation with the Secretary if the Secretary of
Interior requests the consultation, using the process
set out in section 1138(b) of the Education Amendments
of 1978, shall define adequate yearly progress,
consistent with section 1111(b), for the schools funded
by the Bureau of Indian Affairs on a regional or tribal
basis, as appropriate, taking into account the unique
circumstances and needs of such schools and the students
served by such schools.
(ii) USE OF DEFINITION.—The Secretary of the
Interior, consistent with clause (i), may use the definition
of adequate yearly progress that the State in
which the school that is funded by the Bureau is
located uses consistent with section 1111(b), or in the
case of schools that are located in more than one State,
the Secretary of the Interior may use whichever State
definition of adequate yearly progress that best meets
the unique circumstances and needs of such school
or schools and the students the schools serve.
(B) WAIVER.—The tribal governing body or school
board of a school funded by the Bureau of Indian Affairs
may waive, in part or in whole, the definition of adequate
yearly progress established pursuant to paragraph (A)
where such definition is determined by such body or school
board to be inappropriate. If such definition is waived,
the tribal governing body or school board shall, within
60 days thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of adequate yearly
progress, consistent with section 1111(b), that takes into
account the unique circumstances and needs of such school
or schools and the students served. The Secretary of the
Interior, in consultation with the Secretary if the Secretary
of Interior requests the consultation, shall approve such
alternative definition unless the Secretary determines that
the definition does not meet the requirements of section
1111(b), taking into account the unique circumstances and
needs of such school or schools and the students served.
(C) TECHNICAL ASSISTANCE.—The Secretary of Interior
shall, in consultation with the Secretary if the Secretary
of Interior requests the consultation, either directly or
through a contract, provide technical assistance, upon
request, to a tribal governing body or school board of a
school funded by the Bureau of Indian Affairs that seeks
to develop an alternative definition of adequate yearly
progress.
(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes
of this section, schools funded by the Bureau of Indian Affairs
shall be considered schools subject to subsection (b), as specifically
provided for in this subsection, except that such schools
shall not be subject to subsection (c), or the requirements
to provide public school choice and supplemental educational
services under subsections (b) and (e).
(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.—
(A) CONTRACT AND GRANT SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the requirements
of subsection (b) relating to development and
implementation of any school improvement plan as
described in subsections (b)(1) through (b)(3), and subsection
(b)(5), other than subsection (b)(1)(E). The Bureau
of Indian Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to technical
assistance.
(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to development and implementation of any school
improvement plan as described in subsections (b)(1)
through (b)(5), other than subsection (b)(1)(E).
(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAUFUNDED
SCHOOLS.—
(A) CONTRACT AND GRANT SCHOOLS.—For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the requirements
of subsection (b) relating to corrective action and
restructuring as described in subsection (b)(7) and (b)(8).
Any action taken by such school board under subsection
(b)(7) or (b)(8) shall take into account the unique circumstances
and structure of the Bureau of Indian Affairsfunded
school system and the laws governing that system.
(B) BUREAU OPERATED SCHOOLS.—For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to corrective action and restructuring as described
in subsection (b)(7) and (b)(8). Any action taken by the
Bureau under subsection (b)(7) or (b)(8) shall take into
account the unique circumstances and structure of the
Bureau of Indian Affairs-funded school system and the
laws governing that system.
(5) ANNUAL REPORT.—On an annual basis, the Secretary
of the Interior shall report to the Secretary of Education and
to the appropriate committees of Congress regarding any
schools funded by the Bureau of Indian Affairs which have
been identified for school improvement. Such report shall
include—
(A) the identity of each school;
(B) a statement from each affected school board
regarding the factors that lead to such identification; and
(C) an analysis by the Secretary of the Interior, in
consultation with the Secretary if the Secretary of Interior
requests the consultation, as to whether sufficient resources
were available to enable such school to achieve adequate
yearly progress.
(h) OTHER AGENCIES.—After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the extent
feasible and necessary as determined by the Secretary, other relevant
Federal agencies regarding the major factors that were determined
by the State educational agency to have significantly affected
student academic achievement.
SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
(a) SYSTEM FOR SUPPORT.—
(1) IN GENERAL.—Each State shall establish a statewide
system of intensive and sustained support and improvement
for local educational agencies and schools receiving funds under
this part, in order to increase the opportunity for all students
served by those agencies and schools to meet the State’s academic
content standards and student academic achievement
standards.
(2) PRIORITIES.—In carrying out this subsection, a State
shall—
(A) first, provide support and assistance to local educational
agencies with schools subject to corrective action
under section 1116 and assist those schools, in accordance
with section 1116(b)(11), for which a local educational
agency has failed to carry out its responsibilities under
paragraphs (7) and (8) of section 1116(b);
(B) second, provide support and assistance to other
local educational agencies with schools identified as in
need of improvement under section 1116(b); and
(C) third, provide support and assistance to other
local educational agencies and schools participating under
this part that need that support and assistance in order
to achieve the purpose of this part.
(3) REGIONAL CENTERS.—Such a statewide system shall,
to the extent practicable, work with and receive support and
assistance from the comprehensive regional technical assistance
centers and the regional educational laboratories under section
941(h) of the Educational Research, Development, Dissemination,
and Improvement Act of 1994, or other providers of technical
assistance.
(4) STATEWIDE SYSTEM.—
(A) In order to achieve the purpose described in paragraph
(1), the statewide system shall include, at a minimum,
the following approaches:
(i) Establishing school support teams in accordance
with subparagraph (C) for assignment to, and
working in, schools in the State that are described
in paragraph (2).
(ii) Providing such support as the State educational
agency determines necessary and available
in order to ensure the effectiveness of such teams.
(iii) Designating and using distinguished teachers
and principals who are chosen from schools served
under this part that have been especially successful
in improving academic achievement.
(iv) Devising additional approaches to providing
the assistance described in paragraph (1), such as providing
assistance through institutions of higher education
and educational service agencies or other local
consortia, and private providers of scientifically based
technical assistance.
20 USC 6317.
(B) PRIORITY.—The State educational agency shall
give priority to the approach described in clause (i) of
subparagraph (A).
(5) SCHOOL SUPPORT TEAMS.—
(A) COMPOSITION.—Each school support team established
under this section shall be composed of persons
knowledgeable about scientifically based research and practice
on teaching and learning and about successful
schoolwide projects, school reform, and improving educational
opportunities for low-achieving students,
including—
(i) highly qualified or distinguished teachers and
principals;
(ii) pupil services personnel;
(iii) parents;
(iv) representatives of institutions of higher education;
(v) representatives of regional educational laboratories
or comprehensive regional technical assistance
centers;
(vi) representatives of outside consultant groups;
or
(vii) other individuals as the State educational
agency, in consultation with the local educational
agency, may determine appropriate.
(B) FUNCTIONS.—Each school support team assigned
to a school under this section shall—
(i) review and analyze all facets of the school’s
operation, including the design and operation of the
instructional program, and assist the school in developing
recommendations for improving student performance
in that school;
(ii) collaborate with parents and school staff and
the local educational agency serving the school in the
design, implementation, and monitoring of a plan that,
if fully implemented, can reasonably be expected to
improve student performance and help the school meet
its goals for improvement, including adequate yearly
progress under section 1111(b)(2)(B);
(iii) evaluate, at least semiannually, the effectiveness
of school personnel assigned to the school,
including identifying outstanding teachers and principals,
and make findings and recommendations to the
school, the local educational agency, and, where appropriate,
the State educational agency; and
(iv) make additional recommendations as the
school implements the plan described in clause (ii)
to the local educational agency and the State educational
agency concerning additional assistance that
is needed by the school or the school support team.
(C) CONTINUATION OF ASSISTANCE.—After one school
year, from the beginning of the activities, such school support
team, in consultation with the local educational
agency, may recommend that the school support team continue
to provide assistance to the school, or that the local
educational agency or the State educational agency, as
appropriate, take alternative actions with regard to the
school.
(b) STATE RECOGNITION.—
(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.—
(A) IN GENERAL.—Each State receiving a grant under
this part—
(i) shall establish a program for making academic
achievement awards to recognize schools that meet
the criteria described in subparagraph (B); and
(ii) as appropriate and as funds are available
under subsection (c)(2)(A), may financially reward
schools served under this part that meet the criteria
described in clause (ii).
(B) CRITERIA.—The criteria referred to in subparagraph
(A) are that a school—
(i) significantly closed the achievement gap
between the groups of students described in section
1111(b)(2); or
(ii) exceeded their adequate yearly progress, consistent
with section 1111(b)(2), for 2 or more consecutive
years.
(2) DISTINGUISHED SCHOOLS.—Of those schools meeting
the criteria described in paragraph (2), each State shall designate
as distinguished schools those schools that have made
the greatest gains in closing the achievement gap as described
in subparagraph (B)(i) or exceeding adequate yearly progress
as described in subparagraph (B)(ii). Such distinguished schools
may serve as models for and provide support to other schools,
especially schools identified for improvement under section
1116, to assist such schools in meeting the State’s academic
content standards and student academic achievement standards.
(3) AWARDS TO TEACHERS.—A State program under paragraph
(1) may also recognize and provide financial awards
to teachers teaching in a school described in such paragraph
that consistently makes significant gains in academic achievement
in the areas in which the teacher provides instruction,
or to teachers or principals designated as distinguished under
subsection (a)(4)(A)(iii).
(c) FUNDING.—
(1) IN GENERAL.—Each State—
(A) shall use funds reserved under section 1003(a)
and may use funds made available under section 1003(g)
for the approaches described under subsection (a)(4)(A);
and
(B) shall use State administrative funds authorized
under section 1004(a) to establish the statewide system
of support described under subsection (a).
(2) RESERVATIONS OF FUNDS BY STATE.—
(A) AWARDS PROGRAM.—For the purpose of carrying
out subsection (b)(1), each State receiving a grant under
this part may reserve, from the amount (if any) by which
the funds received by the State under subpart 2 for a
fiscal year exceed the amount received by the State under
that subpart for the preceding fiscal year, not more than
5 percent of such excess amount.
(B) TEACHER AWARDS.—For the purpose of carrying
out subsection (b)(3), a State educational agency may
reserve such funds as necessary from funds made available
under section 2113.
(3) USE WITHIN 3 YEARS.—Notwithstanding any other
provision of law, the amount reserved under subparagraph
(A) by a State for each fiscal year shall remain available to
the State until expended for a period not exceeding 3 years
receipt of funds.
(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POVERTY
AREAS.—
(A) IN GENERAL.—Each State shall distribute not less
than 75 percent of any amount reserved under paragraph
(2)(A) for each fiscal year to schools described in subparagraph
(B), or to teachers in those schools consistent with
subsection (b)(3).
(B) SCHOOL DESCRIBED.—A school described in
subparagraph (A) is a school whose student population
is in the highest quartile of schools statewide in terms
of the percentage of children from low income families.
SEC. 1118. PARENTAL INVOLVEMENT.
(a) LOCAL EDUCATIONAL AGENCY POLICY.—
(1) IN GENERAL.—A local educational agency may receive
funds under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with this section.
Such programs, activities, and procedures shall be planned
and implemented with meaningful consultation with parents
of participating children.
(2) WRITTEN POLICY.—Each local educational agency that
receives funds under this part shall develop jointly with, agree
on with, and distribute to, parents of participating children
a written parent involvement policy. The policy shall be incorporated
into the local educational agency’s plan developed under
section 1112, establish the agency’s expectations for parent
involvement, and describe how the agency will—
(A) involve parents in the joint development of the
plan under section 1112, and the process of school review
and improvement under section 1116;
(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement
activities to improve student academic achievement and
school performance;
(C) build the schools’ and parents’ capacity for strong
parental involvement as described in subsection (e);
(D) coordinate and integrate parental involvement
strategies under this part with parental involvement strategies
under other programs, such as the Head Start program,
Reading First program, Early Reading First program,
Even Start program, Parents as Teachers program,
and Home Instruction Program for Preschool Youngsters,
and State-run preschool programs;
(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of the
parental involvement policy in improving the academic
20 USC 6318.
quality of the schools served under this part, including
identifying barriers to greater participation by parents in
activities authorized by this section (with particular attention
to parents who are economically disadvantaged, are
disabled, have limited English proficiency, have limited
literacy, or are of any racial or ethnic minority background),
and use the findings of such evaluation to design strategies
for more effective parental involvement, and to revise, if
necessary, the parental involvement policies described in
this section; and
(F) involve parents in the activities of the schools
served under this part.
(3) RESERVATION.—
(A) IN GENERAL.—Each local educational agency shall
reserve not less than 1 percent of such agency’s allocation
under subpart 2 of this part to carry out this section,
including promoting family literacy and parenting skills,
except that this paragraph shall not apply if 1 percent
of such agency’s allocation under subpart 2 of this part
for the fiscal year for which the determination is made
is $5,000 or less.
(B) PARENTAL INPUT.—Parents of children receiving
services under this part shall be involved in the decisions
regarding how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent
of the funds reserved under subparagraph (A) shall be
distributed to schools served under this part.
(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—
(1) IN GENERAL.—Each school served under this part shall
jointly develop with, and distribute to, parents of participating
children a written parental involvement policy, agreed on by
such parents, that shall describe the means for carrying out
the requirements of subsections (c) through (f). Parents shall
be notified of the policy in an understandable and uniform
format and, to the extent practicable, provided in a language
the parents can understand. Such policy shall be made available
to the local community and updated periodically to meet the
changing needs of parents and the school.
(2) SPECIAL RULE.—If the school has a parental involvement
policy that applies to all parents, such school may amend
that policy, if necessary, to meet the requirements of this subsection.
(3) AMENDMENT.—If the local educational agency involved
has a school district-level parental involvement policy that
applies to all parents, such agency may amend that policy,
if necessary, to meet the requirements of this subsection.
(4) PARENTAL COMMENTS.—If the plan under section 1112
is not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits
the plan to the State.
(c) POLICY INVOLVEMENT.—Each school served under this part
shall—
(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school’s
Public
information.
Notification.
participation under this part and to explain the requirements
of this part, and the right of the parents to be involved;
(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds provided
under this part, transportation, child care, or home visits,
as such services relate to parental involvement;
(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the planning, review, and improvement
of the school parental involvement policy and the joint
development of the schoolwide program plan under section
1114(b)(2), except that if a school has in place a process for
involving parents in the joint planning and design of the school’s
programs, the school may use that process, if such process
includes an adequate representation of parents of participating
children;
(4) provide parents of participating children—
(A) timely information about programs under this
part;
(B) a description and explanation of the curriculum
in use at the school, the forms of academic assessment
used to measure student progress, and the proficiency
levels students are expected to meet; and
(C) if requested by parents, opportunities for regular
meetings to formulate suggestions and to participate, as
appropriate, in decisions relating to the education of their
children, and respond to any such suggestions as soon
as practicably possible; and
(5) if the schoolwide program plan under section 1114(b)(2)
is not satisfactory to the parents of participating children,
submit any parent comments on the plan when the school
makes the plan available to the local educational agency.
(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC
ACHIEVEMENT.—As a component of the school-level parental involvement
policy developed under subsection (b), each school served
under this part shall jointly develop with parents for all children
served under this part a school-parent compact that outlines how
parents, the entire school staff, and students will share the responsibility
for improved student academic achievement and the means
by which the school and parents will build and develop a partnership
to help children achieve the State’s high standards. Such
compact shall—
(1) describe the school’s responsibility to provide highquality
curriculum and instruction in a supportive and effective
learning environment that enables the children served under
this part to meet the State’s student academic achievement
standards, and the ways in which each parent will be responsible
for supporting their children’s learning, such as monitoring
attendance, homework completion, and television watching; volunteering
in their child’s classroom; and participating, as appropriate,
in decisions relating to the education of their children
and positive use of extracurricular time; and
(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a
minimum—
(A) parent-teacher conferences in elementary schools,
at least annually, during which the compact shall be discussed
as the compact relates to the individual child’s
achievement;
(B) frequent reports to parents on their children’s
progress; and
(C) reasonable access to staff, opportunities to volunteer
and participate in their child’s class, and observation
of classroom activities.
(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective
involvement of parents and to support a partnership among the
school involved, parents, and the community to improve student
academic achievement, each school and local educational agency
assisted under this part—
(1) shall provide assistance to parents of children served
by the school or local educational agency, as appropriate, in
understanding such topics as the State’s academic content
standards and State student academic achievement standards,
State and local academic assessments, the requirements of
this part, and how to monitor a child’s progress and work
with educators to improve the achievement of their children;
(2) shall provide materials and training to help parents
to work with their children to improve their children’s achievement,
such as literacy training and using technology, as appropriate,
to foster parental involvement;
(3) shall educate teachers, pupil services personnel, principals,
and other staff, with the assistance of parents, in the
value and utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs,
and build ties between parents and the school;
(4) shall, to the extent feasible and appropriate, coordinate
and integrate parent involvement programs and activities with
Head Start, Reading First, Early Reading First, Even Start,
the Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and other
programs, and conduct other activities, such as parent resource
centers, that encourage and support parents in more fully
participating in the education of their children;
(5) shall ensure that information related to school and
parent programs, meetings, and other activities is sent to the
parents of participating children in a format and, to the extent
practicable, in a language the parents can understand;
(6) may involve parents in the development of training
for teachers, principals, and other educators to improve the
effectiveness of such training;
(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such training;
(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including transportation
and child care costs, to enable parents to participate
in school-related meetings and training sessions;
(9) may train parents to enhance the involvement of other
parents;
(10) may arrange school meetings at a variety of times,
or conduct in-home conferences between teachers or other educators,
who work directly with participating children, with parents
who are unable to attend such conferences at school,
in order to maximize parental involvement and participation;
(11) may adopt and implement model approaches to
improving parental involvement;
(12) may establish a districtwide parent advisory council
to provide advice on all matters related to parental involvement
in programs supported under this section;
(13) may develop appropriate roles for community-based
organizations and businesses in parent involvement activities;
and
(14) shall provide such other reasonable support for
parental involvement activities under this section as parents
may request.
(f) ACCESSIBILITY.—In carrying out the parental involvement
requirements of this part, local educational agencies and schools,
to the extent practicable, shall provide full opportunities for the
participation of parents with limited English proficiency, parents
with disabilities, and parents of migratory children, including providing
information and school reports required under section 1111
in a format and, to the extent practicable, in a language such
parents understand.
(g) INFORMATION FROM PARENTAL INFORMATION AND RESOURCE
CENTERS.—In a State where a parental information and resource
center is established to provide training, information, and support
to parents and individuals who work with local parents, local educational
agencies, and schools receiving assistance under this part,
each local educational agency or school that receives assistance
under this part and is located in the State shall assist parents
and parental organizations by informing such parents and organizations
of the existence and purpose of such centers.
(h) REVIEW.—The State educational agency shall review the
local educational agency’s parental involvement policies and practices
to determine if the policies and practices meet the requirements
of this section.
SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJECTIVES.—
(1) IN GENERAL.—Beginning with the first day of the first
school year after the date of enactment of the No Child Left
Behind Act of 2001, each local educational agency receiving
assistance under this part shall ensure that all teachers hired
after such day and teaching in a program supported with
funds under this part are highly qualified.
(2) STATE PLAN.—As part of the plan described in section
1111, each State educational agency receiving assistance under
this part shall develop a plan to ensure that all teachers
teaching in core academic subjects within the State are highly
qualified not later than the end of the 2005–2006 school year.
Such plan shall establish annual measurable objectives for
each local educational agency and school that, at a minimum—
(A) shall include an annual increase in the percentage
of highly qualified teachers at each local educational agency
and school, to ensure that all teachers teaching in core
Deadline.
20 USC 6319.
academic subjects in each public elementary school and
secondary school are highly qualified not later than the
end of the 2005–2006 school year;
(B) shall include an annual increase in the percentage
of teachers who are receiving high-quality professional
development to enable such teachers to become highly
qualified and successful classroom teachers; and
(C) may include such other measures as the State
educational agency determines to be appropriate to increase
teacher qualifications.
(3) LOCAL PLAN.—As part of the plan described in section
1112, each local educational agency receiving assistance under
this part shall develop a plan to ensure that all teachers
teaching within the school district served by the local educational
agency are highly qualified not later than the end
of the 2005–2006 school year.
(b) REPORTS.—
(1) ANNUAL STATE AND LOCAL REPORTS.—
(A) LOCAL REPORTS.—Each State educational agency
described in subsection (a)(2) shall require each local educational
agency receiving funds under this part to publicly
report, each year, beginning with the 2002–2003 school
year, the annual progress of the local educational agency
as a whole and of each of the schools served by the agency,
in meeting the measurable objectives described in subsection
(a)(2).
(B) STATE REPORTS.—Each State educational agency
receiving assistance under this part shall prepare and
submit each year, beginning with the 2002–2003 school
year, a report to the Secretary, describing the State educational
agency’s progress in meeting the measurable objectives
described in subsection (a)(2).
(C) INFORMATION FROM OTHER REPORTS.—A State educational
agency or local educational agency may submit
information from the reports described in section 1111(h)
for the purposes of this subsection, if such report is modified,
as may be necessary, to contain the information
required by this subsection, and may submit such information
as a part of the reports required under section 1111(h).
(2) ANNUAL REPORTS BY THE SECRETARY.—Each year,
beginning with the 2002–2003 school year, the Secretary shall
publicly report the annual progress of State educational agencies,
local educational agencies, and schools, in meeting the
measurable objectives described in subsection (a)(2).
(c) NEW PARAPROFESSIONALS.—
(1) IN GENERAL.—Each local educational agency receiving
assistance under this part shall ensure that all paraprofessionals
hired after the date of enactment of the No Child
Left Behind Act of 2001 and working in a program supported
with funds under this part shall have—
(A) completed at least 2 years of study at an institution
of higher education;
(B) obtained an associate’s (or higher) degree; or
(C) met a rigorous standard of quality and can demonstrate,
through a formal State or local academic
assessment—
(i) knowledge of, and the ability to assist in
instructing, reading, writing, and mathematics; or
(ii) knowledge of, and the ability to assist in
instructing, reading readiness, writing readiness, and
mathematics readiness, as appropriate.
(2) CLARIFICATION.—The receipt of a secondary school
diploma (or its recognized equivalent) shall be necessary but
not sufficient to satisfy the requirements of paragraph (1)(C).
(d) EXISTING PARAPROFESSIONALS.—Each local educational
agency receiving assistance under this part shall ensure that all
paraprofessionals hired before the date of enactment of the No
Child Left Behind Act of 2001, and working in a program supported
with funds under this part shall, not later than 4 years after
the date of enactment satisfy the requirements of subsection (c).
(e) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVEMENT
ACTIVITIES.—Subsections (c) and (d) shall not apply to a
paraprofessional—
(1) who is proficient in English and a language other
than English and who provides services primarily to enhance
the participation of children in programs under this part by
acting as a translator; or
(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—
Each local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program supported
with funds under this part, regardless of the paraprofessionals’
hiring date, have earned a secondary school diploma or
its recognized equivalent.
(g) DUTIES OF PARAPROFESSIONALS.—
(1) IN GENERAL.—Each local educational agency receiving
assistance under this part shall ensure that a paraprofessional
working in a program supported with funds under this part
is not assigned a duty inconsistent with this subsection.
(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE
ASSIGNED.—A paraprofessional described in paragraph (1) may
be assigned—
(A) to provide one-on-one tutoring for eligible students,
if the tutoring is scheduled at a time when a student
would not otherwise receive instruction from a teacher;
(B) to assist with classroom management, such as
organizing instructional and other materials;
(C) to provide assistance in a computer laboratory;
(D) to conduct parental involvement activities;
(E) to provide support in a library or media center;
(F) to act as a translator; or
(G) to provide instructional services to students in
accordance with paragraph (3).
(3) ADDITIONAL LIMITATIONS.—A paraprofessional
described in paragraph (1)—
(A) may not provide any instructional service to a
student unless the paraprofessional is working under the
direct supervision of a teacher consistent with section 1119;
and
(B) may assume limited duties that are assigned to
similar personnel who are not working in a program supported
with funds under this part, including duties beyond
classroom instruction or that do not benefit participating
children, so long as the amount of time spent on such
duties is the same proportion of total work time as prevails
with respect to similar personnel at the same school.
(h) USE OF FUNDS.—A local educational agency receiving funds
under this part may use such funds to support ongoing training
and professional development to assist teachers and paraprofessionals
in satisfying the requirements of this section.
(i) VERIFICATION OF COMPLIANCE.—
(1) IN GENERAL.—In verifying compliance with this section,
each local educational agency, at a minimum, shall require
that the principal of each school operating a program under
section 1114 or 1115 attest annually in writing as to whether
such school is in compliance with the requirements of this
section.
(2) AVAILABILITY OF INFORMATION.—Copies of attestations
under paragraph (1)—
(A) shall be maintained at each school operating a
program under section 1114 or 1115 and at the main office
of the local educational agency; and
(B) shall be available to any member of the general
public on request.
(j) COMBINATIONS OF FUNDS.—Funds provided under this part
that are used for professional development purposes may be combined
with funds provided under title II of this Act, other Acts,
and other sources.
(k) SPECIAL RULE.—Except as provided in subsection (l), no
State educational agency shall require a school or a local educational
agency to expend a specific amount of funds for professional development
activities under this part, except that this paragraph shall
not apply with respect to requirements under section 1116(c)(3).
(l) MINIMUM EXPENDITURES.—Each local educational agency
that receives funds under this part shall use not less than 5 percent,
or more than 10 percent, of such funds for each of fiscal years
2002 and 2003, and not less than 5 percent of the funds for each
subsequent fiscal year, for professional development activities to
ensure that teachers who are not highly qualified become highly
qualified not later than the end of the 2005–2006 school year.
SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
(a) GENERAL REQUIREMENT.—
(1) IN GENERAL.—To the extent consistent with the number
of eligible children identified under section 1115(b) in the school
district served by a local educational agency who are enrolled
in private elementary schools and secondary schools, a local
educational agency shall, after timely and meaningful consultation
with appropriate private school officials, provide such children,
on an equitable basis, special educational services or
other benefits under this part (such as dual enrollment, educational
radio and television, computer equipment and materials,
other technology, and mobile educational services and
equipment) that address their needs, and shall ensure that
teachers and families of the children participate, on an equitable
basis, in services and activities developed pursuant to
sections 1118 and 1119.
(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational
services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
(3) EQUITY.—Educational services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children participating
under this part, and shall be provided in a timely
manner.
(4) EXPENDITURES.—Expenditures for educational services
and other benefits to eligible private school children shall be
equal to the proportion of funds allocated to participating school
attendance areas based on the number of children from lowincome
families who attend private schools, which the local
educational agency may determine each year or every 2 years.
(5) PROVISION OF SERVICES.—The local educational agency
may provide services under this section directly or through
contracts with public and private agencies, organizations, and
institutions.
(b) CONSULTATION.—
(1) IN GENERAL.—To ensure timely and meaningful consultation,
a local educational agency shall consult with appropriate
private school officials during the design and development
of such agency’s programs under this part, on issues
such as—
(A) how the children’s needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be
provided;
(D) how the services will be academically assessed
and how the results of that assessment will be used to
improve those services;
(E) the size and scope of the equitable services to
be provided to the eligible private school children, and
the proportion of funds that is allocated under subsection
(a)(4) for such services;
(F) the method or sources of data that are used under
subsection (c) and section 1113(c)(1) to determine the
number of children from low-income families in participating
school attendance areas who attend private schools;
(G) how and when the agency will make decisions
about the delivery of services to such children, including
a thorough consideration and analysis of the views of the
private school officials on the provision of services through
a contract with potential third-party providers; and
(H) how, if the agency disagrees with the views of
the private school officials on the provision of services
through a contract, the local educational agency will provide
in writing to such private school officials an analysis
of the reasons why the local educational agency has chosen
not to use a contractor.
(2) TIMING.—Such consultation shall include meetings of
agency and private school officials and shall occur before the
local educational agency makes any decision that affects the
opportunities of eligible private school children to participate
in programs under this part. Such meetings shall continue
throughout implementation and assessment of services provided
under this section.
(3) DISCUSSION.—Such consultation shall include a discussion
of service delivery mechanisms a local educational agency
can use to provide equitable services to eligible private school
children.
(4) DOCUMENTATION.—Each local educational agency shall
maintain in the agency’s records and provide to the State
educational agency involved a written affirmation signed by
officials of each participating private school that the consultation
required by this section has occurred. If such officials
do not provide such affirmation within a reasonable period
of time, the local educational agency shall forward the documentation
that such consultation has taken place to the State
educational agency.
(5) COMPLIANCE.—
(A) IN GENERAL.—A private school official shall have
the right to complain to the State educational agency that
the local educational agency did not engage in consultation
that was meaningful and timely, or did not give due consideration
to the views of the private school official.
(B) PROCEDURE.—If the private school official wishes
to complain, the official shall provide the basis of the
noncompliance with this section by the local educational
agency to the State educational agency, and the local educational
agency shall forward the appropriate documentation
to the State educational agency.
(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL
STUDENTS.—
(1) CALCULATION.—A local educational agency shall have
the final authority, consistent with this section, to calculate
the number of children, ages 5 through 17, who are from
low-income families and attend private schools by—
(A) using the same measure of low income used to
count public school children;
(B) using the results of a survey that, to the extent
possible, protects the identity of families of private school
students, and allowing such survey results to be extrapolated
if complete actual data are unavailable;
(C) applying the low-income percentage of each participating
public school attendance area, determined pursuant
to this section, to the number of private school children
who reside in that school attendance area; or
(D) using an equated measure of low income correlated
with the measure of low income used to count public school
children.
(2) COMPLAINT PROCESS.—Any dispute regarding lowincome
data for private school students shall be subject to
the complaint process authorized in section 9505.
(d) PUBLIC CONTROL OF FUNDS.—
(1) IN GENERAL.—The control of funds provided under
this part, and title to materials, equipment, and property purchased
with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials, equipment,
and property.
(2) PROVISION OF SERVICES.—
(A) PROVIDER.—The provision of services under this
section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public agency with
an individual, association, agency, or organization.
(B) REQUIREMENT.—In the provision of such services,
such employee, individual, association, agency, or organization
shall be independent of such private school and of
any religious organization, and such employment or contract
shall be under the control and supervision of such
public agency.
(e) STANDARDS FOR A BYPASS.—If a local educational agency
is prohibited by law from providing for the participation in programs
on an equitable basis of eligible children enrolled in private
elementary schools and secondary schools, or if the Secretary determines
that a local educational agency has substantially failed or
is unwilling, to provide for such participation, as required by this
section, the Secretary shall—
(1) waive the requirements of this section for such local
educational agency;
(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 9503 and 9504; and
(3) in making the determination under this subsection,
consider one or more factors, including the quality, size, scope,
and location of the program and the opportunity of eligible
children to participate.
SEC. 1120A. FISCAL REQUIREMENTS.
(a) MAINTENANCE OF EFFORT.—A local educational agency may
receive funds under this part for any fiscal year only if the State
educational agency involved finds that the local educational agency
has maintained the agency’s fiscal effort in accordance with section
9521.
(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL
FUNDS.—
(1) IN GENERAL.—A State educational agency or local educational
agency shall use Federal funds received under this
part only to supplement the funds that would, in the absence
of such Federal funds, be made available from non-Federal
sources for the education of pupils participating in programs
assisted under this part, and not to supplant such funds.
(2) SPECIAL RULE.—No local educational agency shall be
required to provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate such agency’s compliance with paragraph
(1).
(c) COMPARABILITY OF SERVICES.—
(1) IN GENERAL.—
(A) COMPARABLE SERVICES.—Except as provided in
paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local funds
will be used in schools served under this part to provide
services that, taken as a whole, are at least comparable
to services in schools that are not receiving funds under
this part.
(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the
local educational agency is serving all of such agency’s
schools under this part, such agency may receive funds
under this part only if such agency will use State and
20 USC 6321.
local funds to provide services that, taken as a whole,
are substantially comparable in each school.
(C) BASIS.—A local educational agency may meet the
requirements of subparagraphs (A) and (B) on a gradespan
by grade-span basis or a school-by-school basis.
(2) WRITTEN ASSURANCE.—
(A) EQUIVALENCE.—A local educational agency shall
be considered to have met the requirements of paragraph
(1) if such agency has filed with the State educational
agency a written assurance that such agency has established
and implemented—
(i) a local educational agency-wide salary
schedule;
(ii) a policy to ensure equivalence among schools
in teachers, administrators, and other staff; and
(iii) a policy to ensure equivalence among schools
in the provision of curriculum materials and instructional
supplies.
(B) DETERMINATIONS.—For the purpose of this subsection,
in the determination of expenditures per pupil
from State and local funds, or instructional salaries per
pupil from State and local funds, staff salary differentials
for years of employment shall not be included in such
determinations.
(C) EXCLUSIONS.—A local educational agency need not
include unpredictable changes in student enrollment or
personnel assignments that occur after the beginning of
a school year in determining comparability of services
under this subsection.
(3) PROCEDURES AND RECORDS.—Each local educational
agency assisted under this part shall—
(A) develop procedures for compliance with this subsection;
and
(B) maintain records that are updated biennially documenting
such agency’s compliance with this subsection.
(4) INAPPLICABILITY.—This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
(5) COMPLIANCE.—For the purpose of determining compliance
with paragraph (1), a local educational agency may exclude
State and local funds expended for—
(A) language instruction educational programs; and
(B) the excess costs of providing services to children
with disabilities as determined by the local educational
agency.
(d) EXCLUSION OF FUNDS.—For the purpose of complying with
subsections (b) and (c), a State educational agency or local educational
agency may exclude supplemental State or local funds
expended in any school attendance area or school for programs
that meet the intent and purposes of this part.
SEC. 1120B. COORDINATION REQUIREMENTS.
(a) IN GENERAL.—Each local educational agency receiving
assistance under this part shall carry out the activities described
in subsection (b) with Head Start agencies and, if feasible, other
entities carrying out early childhood development programs such
as the Early Reading First program.
(b) ACTIVITIES.—The activities referred to in subsection (a)
are activities that increase coordination between the local educational
agency and a Head Start agency and, if feasible, other
entities carrying out early childhood development programs, such
as the Early Reading First program, serving children who will
attend the schools of the local educational agency, including—
(1) developing and implementing a systematic procedure
for receiving records regarding such children, transferred with
parental consent from a Head Start program or, where
applicable, another early childhood development program such
as the Early Reading First program;
(2) establishing channels of communication between school
staff and their counterparts (including teachers, social workers,
and health staff) in such Head Start agencies or other entities
carrying out early childhood development programs such as
the Early Reading First program, as appropriate, to facilitate
coordination of programs;
(3) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers or,
if appropriate, teachers from other early childhood development
programs such as the Early Reading First program, to discuss
the developmental and other needs of individual children;
(4) organizing and participating in joint transition-related
training of school staff, Head Start program staff, Early
Reading First program staff, and, where appropriate, other
early childhood development program staff; and
(5) linking the educational services provided by such local
educational agency with the services provided by local Head
Start agencies and entities carrying out Early Reading First
programs.
(c) COORDINATION OF REGULATIONS.—The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations promulgated
under the Head Start Act.
Subpart 2—Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
(a) RESERVATION OF FUNDS.—From the amount appropriated
for payments to States for any fiscal year under section 1002(a)
and 1125A(f), the Secretary shall reserve a total of 1 percent to
provide assistance to—
(1) the outlying areas in the amount determined in accordance
with subsection (b); and
(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (d).
(b) ASSISTANCE TO OUTLYING AREAS.—
(1) FUNDS RESERVED.—From the amount made available
for any fiscal year under subsection (a), the Secretary shall
award grants to local educational agencies in the outlying areas.
(2) COMPETITIVE GRANTS.—Until each appropriate outlying
area enters into an agreement for extension of United States
educational assistance under the Compact of Free Association
after the date of enactment of the No Child Left Behind Act
of 2001, the Secretary shall carry out the competition described
in paragraph (3), except that the amount reserved to carry
out such competition shall not exceed $5,000,000.
(3) LIMITATION FOR COMPETITIVE GRANTS.—
(A) COMPETITIVE GRANTS.—The Secretary shall use
funds described in paragraph (2) to award grants to the
outlying areas and freely associated States to carry out
the purposes of this part.
(B) AWARD BASIS.—The Secretary shall award grants
under subparagraph (A) on a competitive basis, taking
into consideration the recommendations of the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
(C) USES.—Except as provided in subparagraph (D),
grant funds awarded under this paragraph may be used
only—
(i) for programs described in this Act, including
teacher training, curriculum development, instructional
materials, or general school improvement and
reform; and
(ii) to provide direct educational services that
assist all students with meeting challenging State academic
content standards.
(D) ADMINISTRATIVE COSTS.—The Secretary may provide
not more than 5 percent of the amount reserved for
grants under this paragraph to pay the administrative
costs of the Pacific Region Educational Laboratory under
subparagraph (B).
(4) SPECIAL RULE.—The provisions of Public Law 95–134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to the freely associated States
under this section.
(c) DEFINITIONS.—For the purpose of subsections (a) and (b)—
(1) the term ‘freely associated states’ means the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau; and
(2) the term ‘outlying area’ means the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—
(1) IN GENERAL.—The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2) for any
fiscal year shall be, as determined pursuant to criteria established
by the Secretary, the amount necessary to meet the
special educational needs of—
(A) Indian children on reservations served by
elementary schools and secondary schools for Indian children
operated or supported by the Department of the
Interior; and
(B) out-of-State Indian children in elementary schools
and secondary schools in local educational agencies under
special contracts with the Department of the Interior.
(2) PAYMENTS.—From the amount allotted for payments
to the Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local educational
agencies, on such terms as the Secretary determines
will best carry out the purposes of this part, with respect
to out-of-State Indian children described in paragraph (1). The
amount of such payment may not exceed, for each such child,
the greater of—
(A) 40 percent of the average per-pupil expenditure
in the State in which the agency is located; or
(B) 48 percent of such expenditure in the United
States.
SEC. 1122. ALLOCATIONS TO STATES.
(a) ALLOCATION FORMULA.—Of the amount appropriated under
section 1002(a) to carry out this part for each of fiscal years 2002–
2007 (referred to in this subsection as the current fiscal year)—
(1) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be allocated
in accordance with section 1124;
(2) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be allocated
in accordance with section 1124A; and
(3) an amount equal to 100 percent of the amount, if
any, by which the amount made available to carry out sections
1124, 1124A, and 1125 for the current fiscal year for which
the determination is made exceeds the amount available to
carry out sections 1124 and 1124A for fiscal year 2001 shall
be allocated in accordance with section 1125.
(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—
(1) IN GENERAL.—If the sums available under this subpart
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under sections 1124, 1124A, and 1125 for such year,
the Secretary shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of this
section.
(2) ADDITIONAL FUNDS.—If additional funds become available
for making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were reduced under
paragraph (1) shall be increased on the same basis as they
were reduced.
(c) HOLD-HARMLESS AMOUNTS.—
(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For
each fiscal year, the amount made available to each local educational
agency under each of sections 1124, 1124A, and 1125
shall be—
(A) not less than 95 percent of the amount made
available for the preceding fiscal year if the number of
children counted for grants under section 1124 is not less
than 30 percent of the total number of children aged 5
to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made
available for the preceding fiscal year if the percentage
described in subparagraph (A) is between 15 percent and
30 percent; and
(C) not less than 85 percent of the amount made
available for the preceding fiscal year if the percentage
described in subparagraph (A) is below 15 percent.
(2) PAYMENTS.—If sufficient funds are appropriated, the
amounts described in paragraph (1) shall be paid to all local
educational agencies that received grants under section 1124A
for the preceding fiscal year, regardless of whether the local
20 USC 6332.
educational agency meets the minimum eligibility criteria for
that fiscal year described in section 1124A(a)(1)(A) except that
a local educational agency that does not meet such minimum
eligibility criteria for 4 consecutive years shall no longer be
eligible to receive a hold harmless amount referred to in paragraph
(1).
(3) APPLICABILITY.—Notwithstanding any other provision
of law, the Secretary shall not take into consideration the
hold-harmless provisions of this subsection for any fiscal year
for purposes of calculating State or local allocations for the
fiscal year under any program administered by the Secretary
other than a program authorized under this part.
(4) POPULATION DATA.—For any fiscal year for which the
Secretary calculates grants on the basis of population data
for counties, the Secretary shall apply the hold-harmless
percentages in paragraphs (1) and (2) to counties and, if the
Secretary’s allocation for a county is not sufficient to meet
the hold-harmless requirements of this subsection for every
local educational agency within that county, the State educational
agency shall reallocate funds proportionately from all
other local educational agencies in the State that are receiving
funds in excess of the hold-harmless amounts specified in this
subsection.
(d) RATABLE REDUCTIONS.—
(1) IN GENERAL.—If the sums made available under this
subpart for any fiscal year are insufficient to pay the full
amounts that local educational agencies in all States are eligible
to receive under subsection (c) for such year, the Secretary
shall ratably reduce such amounts for such year.
(2) ADDITIONAL FUNDS.—If additional funds become available
for making payments under subsection (c) for such fiscal
year, amounts that were reduced under paragraph (1) shall
be increased on the same basis as such amounts were reduced.
(e) DEFINITION.—For the purpose of this section and sections
1124, 1124A, 1125, and 1125A, the term ‘State’ means each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) AMOUNT OF GRANTS.—
(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO
RICO.—Except as provided in paragraph (4) and in section 1126,
the grant that a local educational agency is eligible to receive
under this section for a fiscal year is the amount determined
by multiplying—
(A) the number of children counted under subsection
(c); and
(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this subparagraph shall not be less than 32 percent, or
more than 48 percent, of the average per-pupil expenditure
in the United States.
(2) CALCULATION OF GRANTS.—
(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
The Secretary shall calculate grants under this section
on the basis of the number of children counted under
subsection (c) for local educational agencies, unless the
20 USC 6333.
Secretary and the Secretary of Commerce determine that
some or all of those data are unreliable or that their
use would be otherwise inappropriate, in which case—
(i) the two Secretaries shall publicly disclose the
reasons for their determination in detail; and
(ii) paragraph (3) shall apply.
(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL
AGENCIES.—
(i) For any fiscal year to which this paragraph
applies, the Secretary shall calculate grants under this
section for each local educational agency.
(ii) The amount of a grant under this section
for each large local educational agency shall be the
amount determined under clause (i).
(iii) For small local educational agencies, the State
educational agency may either—
(I) distribute grants under this section in
amounts determined by the Secretary under clause
(i); or
(II) use an alternative method approved by
the Secretary to distribute the portion of the
State’s total grants under this section that is based
on those small agencies.
(iv) An alternative method under clause (iii)(II)
shall be based on population data that the State educational
agency determines best reflect the current distribution
of children in poor families among the State’s
small local educational agencies that meet the eligibility
criteria of subsection (b).
(v) If a small local educational agency is dissatisfied
with the determination of its grant by the State
educational agency under clause (iii)(II), it may appeal
that determination to the Secretary, who shall respond
not later than 45 days after receipt of such appeal.
(vi) As used in this subparagraph—
(I) the term ‘large local educational agency’
means a local educational agency serving an area
with a total population of 20,000 or more; and
(II) the term ‘small local educational agency’
means a local educational agency serving an area
with a total population of less than 20,000.
(3) ALLOCATIONS TO COUNTIES.—
(A) CALCULATION.—For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants
under this section on the basis of the number of children
counted under subsection (c) for counties, and State educational
agencies shall suballocate county amounts to local
educational agencies, in accordance with regulations issued
by the Secretary.
(B) DIRECT ALLOCATIONS.—In any State in which a
large number of local educational agencies overlap county
boundaries, or for which the State believes it has data
that would better target funds than allocating them by
county, the State educational agency may apply to the
Secretary for authority to make the allocations under this
subpart for a particular fiscal year directly to local educational
agencies without regard to counties.
(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
If the Secretary approves the State educational agency’s
application under subparagraph (B), the State educational
agency shall provide the Secretary an assurance that such
allocations shall be made—
(i) using precisely the same factors for determining
a grant as are used under this subpart; or
(ii) using data that the State educational agency
submits to the Secretary for approval that more
accurately target poverty.
(D) APPEAL.—The State educational agency shall provide
the Secretary an assurance that it will establish a
procedure through which a local educational agency that
is dissatisfied with its determinations under subparagraph
(B) may appeal directly to the Secretary for a final determination.
(4) PUERTO RICO.—
(A) IN GENERAL.—For each fiscal year, the grant that
the Commonwealth of Puerto Rico shall be eligible to
receive under this section shall be the amount determined
by multiplying the number of children counted under subsection
(c) for the Commonwealth of Puerto Rico by the
product of—
(i) subject to subparagraph (B), the percentage
that the average per-pupil expenditure in the Commonwealth
of Puerto Rico is of the lowest average perpupil
expenditure of any of the 50 States; and
(ii) 32 percent of the average per-pupil expenditure
in the United States.
(B) MINIMUM PERCENTAGE.—The percentage in
subparagraph (A)(i) shall not be less than—
(i) for fiscal year 2002, 77.5 percent;
(ii) for fiscal year 2003, 80.0 percent;
(iii) for fiscal year 2004, 82.5 percent;
(iv) for fiscal year 2005, 85.0 percent;
(v) for fiscal year 2006, 92.5 percent; and
(vi) for fiscal year 2007 and succeeding fiscal
years, 100.0 percent.
(C) LIMITATION.—If the application of subparagraph
(B) would result in any of the 50 States or the District
of Columbia receiving less under this subpart than it
received under this subpart for the preceding fiscal year,
the percentage in subparagraph (A) shall be the greater
of—
(i) the percentage in subparagraph (A)(i);
(ii) the percentage specified in subparagraph (B)
for the preceding fiscal year; or
(iii) the percentage used for the preceding fiscal
year.
(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local
educational agency is eligible for a basic grant under this section
for any fiscal year only if the number of children counted under
subsection (c) for that agency is both—
(1) 10 or more; and
(2) more than 2 percent of the total school-age population
in the agency’s jurisdiction.
(c) CHILDREN TO BE COUNTED.—
(1) CATEGORIES OF CHILDREN.—The number of children
to be counted for purposes of this section is the aggregate
of—
(A) the number of children aged 5 to 17, inclusive,
in the school district of the local educational agency from
families below the poverty level as determined under paragraph
(2);
(B) the number of children (determined under paragraph
(4) for either the preceding year as described in
that paragraph, or for the second preceding year, as the
Secretary finds appropriate) aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such institutions
operated by the United States), but not counted
pursuant to subpart 1 of part D for the purposes of a
grant to a State agency, or being supported in foster homes
with public funds; and
(C) the number of children aged 5 to 17, inclusive,
in the school district of such agency from families above
the poverty level as determined under paragraph (4).
(2) DETERMINATION OF NUMBER OF CHILDREN.—For the
purposes of this section, the Secretary shall determine the
number of children aged 5 to 17, inclusive, from families below
the poverty level on the basis of the most recent satisfactory
data, described in paragraph (3), available from the Department
of Commerce. The District of Columbia and the Commonwealth
of Puerto Rico shall be treated as individual local educational
agencies. If a local educational agency contains two or more
counties in their entirety, then each county will be treated
as if such county were a separate local educational agency
for purposes of calculating grants under this part. The total
of grants for such counties shall be allocated to such a local
educational agency, which local educational agency shall distribute
to schools in each county within such agency a share
of the local educational agency’s total grant that is no less
than the county’s share of the population counts used to calculate
the local educational agency’s grant.
(3) POPULATION UPDATES.—
(A) IN GENERAL.—In fiscal year 2002 and each subsequent
fiscal year, the Secretary shall use updated data
on the number of children, aged 5 to 17, inclusive, from
families below the poverty level for counties or local educational
agencies, published by the Department of Commerce,
unless the Secretary and the Secretary of Commerce
determine that the use of the updated population data
would be inappropriate or unreliable. If appropriate and
reliable data are not available annually, the Secretary shall
use data which are updated every 2 years.
(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Secretary
and the Secretary of Commerce determine that some
or all of the data referred to in subparagraph (A) are
inappropriate or unreliable, the Secretary and the Secretary
of Commerce shall publicly disclose their reasons.
(C) CRITERIA OF POVERTY.—In determining the families
that are below the poverty level, the Secretary shall
use the criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial census,
as the criteria have been updated by increases in the
Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics.
(4) OTHER CHILDREN TO BE COUNTED.—
(A) For the purpose of this section, the Secretary
shall determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis
of the number of such children from families receiving
an annual income, in excess of the current criteria of poverty,
from payments under a State program funded under
part A of title IV of the Social Security Act; and in making
such determinations, the Secretary shall use the criteria
of poverty used by the Bureau of the Census in compiling
the most recent decennial census for a family of four in
such form as those criteria have been updated by increases
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics.
(B) The Secretary shall determine the number of such
children and the number of children aged 5 through 17
living in institutions for neglected or delinquent children,
or being supported in foster homes with public funds, on
the basis of the caseload data for the month of October
of the preceding fiscal year (using, in the case of children
described in the preceding sentence, the criteria of poverty
and the form of such criteria required by such sentence
which were determined for the calendar year preceding
such month of October) or, to the extent that such data
are not available to the Secretary before January of the
calendar year in which the Secretary’s determination is
made, then on the basis of the most recent reliable data
available to the Secretary at the time of such determination.
(C) Except for the data on children living in institutions
for neglected or delinquent children, the Secretary
of Health and Human Services shall collect and transmit
the information required by this subparagraph to the Secretary
not later than January 1 of each year.
(D) For the purpose of this section, the Secretary
shall consider all children who are in correctional institutions
to be living in institutions for delinquent children.
(5) ESTIMATE.—When requested by the Secretary, the Secretary
of Commerce shall make a special updated estimate
of the number of children of such ages who are from families
below the poverty level (as determined under paragraph (1)(A))
in each school district, and the Secretary is authorized to pay
(either in advance or by way of reimbursement) the Secretary
of Commerce the cost of making this special estimate. The
Secretary of Commerce shall give consideration to any request
of the chief executive of a State for the collection of additional
census information.
(d) STATE MINIMUM.—Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies within
a State may not be less than the lesser of—
(1) 0.25 percent of the total amount allocated to States
under this section for fiscal year 2001, plus 0.35 percent of
the total amount allocated to States under this section in excess
of the amount allocated for fiscal year 2001; or
(2) the average of—
(A) the amount calculated in paragraph (1), above;
and
(B) the number of children in such State counted
under subsection (c) in the fiscal year multiplied by 150
percent of the national average per-pupil payment made
with funds available under this section for that year.
SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
(1) IN GENERAL.—(A) Except as otherwise provided in this
paragraph, each local educational agency which is eligible for
a grant under section 1124 for any fiscal year is eligible for
an additional grant under this section for that fiscal year if
the number of children counted under section 1124(c) in the
agency exceeds either—
(i) 6,500; or
(ii) 15 percent of the total number of children aged
5 through 17 in the agency.
(B) Notwithstanding section 1122, no State shall receive
less than the lesser of—
(i) 0.25 percent of the total amount allocated to States
under this section for fiscal year 2001, plus 0.35 percent
of the total amount allocated to States under this section
in excess of the amount allocated for fiscal year 2001;
or
(ii) the average of—
(I) the amount calculated under clause (i); and
(II) the greater of—
(aa) $340,000; or
(bb) the number of children in such State
counted for purposes of this section in that fiscal
year multiplied by 150 percent of the national
average per-pupil payment made with funds available
under this section for that year.
(2) DETERMINATION.—For each county or local educational
agency eligible to receive an additional grant under this section
for any fiscal year, the Secretary shall determine the product
of—
(A) the number of children counted under section
1124(c) for that fiscal year; and
(B) the amount in section 1124(a)(1)(B) for each State
except the Commonwealth of Puerto Rico, and the amount
in section 1124(a)(4) for the Commonwealth of Puerto Rico.
(3) AMOUNT.—The amount of the additional grant for
which an eligible local educational agency or county is eligible
under this section for any fiscal year shall be an amount
which bears the same ratio to the amount available to carry
out this section for that fiscal year as the product determined
under paragraph (2) for such local educational agency for that
fiscal year bears to the sum of such products for all local
educational agencies in the United States for that fiscal year.
(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this
section shall be determined in accordance with section
(B) For any fiscal year for which the Secretary allocates
funds under this section on the basis of counties, a State
may reserve not more than 2 percent of its allocation under
this section to make grants to local educational agencies that
meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible
counties that do not meet these criteria.
(b) SMALL STATES.—In any State for which on the date of
enactment of the No Child Left Behind Act of 2001 the number
of children counted under section 1124(c) is less than 0.25 percent
of the number of those children counted for all States, the State
educational agency shall allocate funds under this section among
the local educational agencies in the State either—
(1) in accordance with paragraphs (2) and (4) of subsection
(a); or
(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or numbers
of children counted under section 1124(c) that exceed the statewide
average percentage of such children or the statewide
average number of such children shall receive any funds on
the basis of this paragraph.
SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—A local educational agency in a State
is eligible to receive a targeted grant under this section for
any fiscal year if—
(A) the number of children in the local educational
agency counted under section 1124(c), before application
of the weighted child count described in subsection (c),
is at least 10; and
(B) if the number of children counted for grants under
section 1124(c), before application of the weighted child
count described in subsection (c), is at least 5 percent
of the total number of children aged 5 to 17 years, inclusive,
in the school district of the local educational agency.
(2) SPECIAL RULE.—For any fiscal year for which the Secretary
allocates funds under this section on the basis of counties,
funds made available as a result of applying this subsection
shall be reallocated by the State educational agency to other
eligible local educational agencies in the State in proportion
to the distribution of other funds under this section.
(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT
OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.—
(1) IN GENERAL.—The amount of the grant that a local
educational agency in a State (other than the Commonwealth
of Puerto Rico) is eligible to receive under this section for
any fiscal year shall be the product of—
(A) the weighted child count determined under subsection
(c); and
(B) the amount determined under section
1124(a)(1)(B).
(2) PUERTO RICO.—For each fiscal year, the amount of
the grant the Commonwealth of Puerto Rico is eligible to receive
under this section shall be equal to the number of children
counted under subsection (c) for the Commonwealth of Puerto
Rico, multiplied by the amount determined in section 1124(a)(4)
for the Commonwealth of Puerto Rico.
(c) WEIGHTED CHILD COUNT.—
(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(A) IN GENERAL.—For each fiscal year for which the
Secretary uses county population data to calculate grants,
the weighted child count used to determine a county’s
allocation under this section is the larger of the two
amounts determined under subparagraphs (B) and (C).
(B) BY PERCENTAGE OF CHILDREN.—The amount
referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section
1124(c) for that county who constitute not more
than 15.00 percent, inclusive, of the county’s total
population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute
more than 15.00 percent, but not more than 19.00
percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute
more than 19.00 percent, but not more than 24.20
percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute
more than 24.20 percent, but not more than 29.20
percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute
more than 29.20 percent of such population, multiplied
by 4.0.
(C) BY NUMBER OF CHILDREN.—The amount referred
to in subparagraph (A) is determined by adding—
(i) the number of children determined under section
1124(c) who constitute not more than 2,311, inclusive,
of the county’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children between 2,312
and 7,913, inclusive, in such population, multiplied
by 1.5;
(iii) the number of such children between 7,914
and 23,917, inclusive, in such population, multiplied
by 2.0;
(iv) the number of such children between 23,918
and 93,810, inclusive, in such population, multiplied
by 2.5; and
(v) the number of such children in excess of 93,811
in such population, multiplied by 3.0.
(D) PUERTO RICO.—Notwithstanding subparagraph
(A), the weighting factor for the Commonwealth of Puerto
Rico under this paragraph shall not be greater than the
total number of children counted under section 1124(c)
multiplied by 1.82.
(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—
(A) IN GENERAL.—For each fiscal year for which the
Secretary uses local educational agency data, the weighted
child count used to determine a local educational agency’s
grant under this section is the larger of the two amounts
determined under subparagraphs (B) and (C).
(B) BY PERCENTAGE OF CHILDREN.—The amount
referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section
1124(c) for that local educational agency who constitute
not more than 15.58 percent, inclusive, of the
agency’s total population aged 5 to 17, inclusive, multiplied
by 1.0;
(ii) the number of such children who constitute
more than 15.58 percent, but not more than 22.11
percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute
more than 22.11 percent, but not more than 30.16
percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute
more than 30.16 percent, but not more than 38.24
percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute
more than 38.24 percent of such population, multiplied
by 4.0.
(C) BY NUMBER OF CHILDREN.—The amount referred
to in subparagraph (A) is determined by adding—
(i) the number of children determined under section
1124(c) who constitute not more than 691, inclusive,
of the agency’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children between 692 and
2,262, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 2,263
and 7,851, inclusive, in such population, multiplied
by 2.0;
(iv) the number of such children between 7,852
and 35,514, inclusive, in such population, multiplied
by 2.5; and
(v) the number of such children in excess of 35,514
in such population, multiplied by 3.0.
(D) PUERTO RICO.—Notwithstanding subparagraph
(A), the weighting factor for the Commonwealth of Puerto
Rico under this paragraph shall not be greater than the
total number of children counted under section 1124(c)
multiplied by 1.82.
(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under
this section shall be calculated in the same manner as grant
amounts are calculated under section 1124(a)(2) and (3).
(e) STATE MINIMUM.—Notwithstanding any other provision of
this section or section 1122, from the total amount available for
any fiscal year to carry out this section, each State shall be allotted
at least the lesser of—
(1) 0.35 percent of the total amount available to carry
out this section; or
(2) the average of—
(A) 0.35 percent of the total amount available to carry
out this section; and
(B) 150 percent of the national average grant under
this section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State’s
total number of children described in section 1124(c), without
application of a weighting factor.
SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO
LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS
AFTER FISCAL YEAR 2001.
(a) FINDINGS.—Congress makes the following findings:
(1) The current Basic Grant Formula for the distribution
of funds under this part often does not provide funds for the
economically disadvantaged students for which such funds are
targeted.
(2) Any school district in which more than 2 percent
of the students live below the poverty level qualifies for funding
under the Basic Grant Formula. As a result, 9 out of every
10 school districts in the country receive some form of aid
under the Formula.
(3) Fifty-eight percent of all schools receive at least some
funding under this part, including many suburban schools with
predominantly well-off students.
(4) One out of every 5 schools with concentrations of
poor students between 50 and 75 percent receive no funding
at all under this part.
(5) In passing the Improving America’s Schools Act in
1994, Congress declared that grants under this part would
more sharply target high poverty schools by using the Targeted
Grant Formula, but annual appropriation Acts have prevented
the use of that Formula.
(6) The advantage of the Targeted Grant Formula over
other funding formulas under this part is that the Targeted
Grant Formula provides increased grants per poor child as
the percentage of economically disadvantaged children in a
school district increases.
(7) Studies have found that the poverty of a child’s family
is much more likely to be associated with educational disadvantage
if the family lives in an area with large concentrations
of poor families.
(8) States with large populations of high poverty students
would receive significantly more funding if more funds under
this part were allocated through the Targeted Grant Formula.
(9) Congress has an obligation to allocate funds under
this part so that such funds will positively affect the largest
number of economically disadvantaged students.
(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT
ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to section
1122, the total amount allocated in any fiscal year after fiscal
year 2001 for programs and activities under this part shall not
exceed the amount allocated in fiscal year 2001 for such programs
and activities unless the amount available for targeted grants to
local educational agencies under section 1125 in the applicable
fiscal year meets the requirements of section 1122(a).
SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
(a) GRANTS.—From funds appropriated under subsection (f)
the Secretary is authorized to make grants to States, from allotments
under subsection (b), to carry out the programs and activities
of this part.
(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.—
(1) IN GENERAL.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), funds appropriated pursuant to subsection (f) shall
be allotted to each State based upon the number of children
counted under section 1124(c) in such State multiplied
by the product of—
(i) the amount in section 1124(a)(1)(B) for all
States other than the Commonwealth of Puerto Rico,
except that the amount determined under that
subparagraph shall not be less that 34 percent or more
than 46 percent of the average per pupil expenditure
in the United States, and the amount in section
1124(a)(4) for the Commonwealth of Puerto Rico, except
that the amount in section 1124(a)(4)(A)(ii) shall be
34 percent of the average per pupil expenditure in
the United States; multiplied by
(ii) such State’s effort factor described in paragraph
(2); multiplied by
(iii) 1.30 minus such State’s equity factor
described in paragraph (3).
(B) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount available for any fiscal year to carry out this section,
each State shall be allotted at least the lesser of—
(i) 0.35 percent of total appropriations; or
(ii) the average of—
(I) 0.35 percent of the total amount available
to carry out this section; and
(II) 150 percent of the national average grant
under this section per child described in section
1124(c), without application of a weighting factor,
multiplied by the State’s total number of children
described in section 1124(c), without application
of a weighting factor.
(2) EFFORT FACTOR.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the effort factor for a State shall be determined in
accordance with the succeeding sentence, except that such
factor shall not be less than 0.95 nor greater than 1.05.
The effort factor determined under this sentence shall be
a fraction the numerator of which is the product of the
3-year average per-pupil expenditure in the State multiplied
by the 3-year average per capita income in the United
States and the denominator of which is the product of
the 3-year average per capita income in such State multiplied
by the 3-year average per-pupil expenditure in the
United States.
(B) COMMONWEALTH OF PUERTO RICO.—The effort
factor for the Commonwealth of Puerto Rico shall be equal
to the lowest effort factor calculated under subparagraph
(A) for any State.
(3) EQUITY FACTOR.—
(A) DETERMINATION.—
(i) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall determine the equity
factor under this section for each State in accordance
with clause (ii).
(ii) COMPUTATION.—
(I) IN GENERAL.—For each State, the Secretary
shall compute a weighted coefficient of variation
for the per-pupil expenditures of local educational
agencies in accordance with subclauses
(II), (III), and (IV).
(II) VARIATION.—In computing coefficients of
variation, the Secretary shall weigh the variation
between per-pupil expenditures in each local educational
agency and the average per-pupil expenditures
in the State according to the number of
pupils served by the local educational agency.
(III) NUMBER OF PUPILS.—In determining the
number of pupils under this paragraph served by
each local educational agency and in each State,
the Secretary shall multiply the number of children
counted under section 1124(c) by a factor
of 1.4.
(IV) ENROLLMENT REQUIREMENT.—In computing
coefficients of variation, the Secretary shall
include only those local educational agencies with
an enrollment of more than 200 students.
(B) SPECIAL RULE.—The equity factor for a State that
meets the disparity standard described in section 222.162
of title 34, Code of Federal Regulations (as such section
was in effect on the day preceding the date of enactment
of the No Child Left Behind Act of 2001) or a State with
only one local educational agency shall be not greater than
0.10.
(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.
—All funds awarded to each State under this section shall
be allocated to local educational agencies under the following provisions.
Within local educational agencies, funds allocated under this
section shall be distributed to schools on a basis consistent with
section 1113, and may only be used to carry out activities under
this part. A local educational agency in a State is eligible to receive
a targeted grant under this section for any fiscal year if—
(A) the number of children in the local educational agency
counted under section 1124(c), before application of the
weighted child count described in paragraph (3), is at least
10; and
(B) if the number of children counted for grants under
section 1124(c), before application of the weighted child count
described in paragraph (3), is at least 5 percent of the total
number of children aged 5 to 17 years, inclusive, in the school
district of the local educational agency.
For any fiscal year for which the Secretary allocates funds
under this section on the basis of counties, funds made available
as a result of applying this subsection shall be reallocated by
the State educational agency to other eligible local educational
agencies in the State in proportion to the distribution of other
funds under this section.
(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL
AGENCIES.—Funds received by States under this section shall be
allocated within States to eligible local educational agencies on
the basis of weighted child counts calculated in accordance with
paragraph (1), (2), or (3), as appropriate for each State.
(1) STATES WITH AN EQUITY FACTOR LESS THAN .10.—In
States with an equity factor less than .10, the weighted child
counts referred to in subsection (d) shall be calculated as follows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses county population data to calculate
grants, the weighted child count used to determine
a county’s allocation under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that county who constitute not
more than 15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such children who constitute
more than 15.00 percent, but not more
than 19.00 percent, of such population, multiplied
by 1.75;
(III) the number of such children who constitute
more than 19.00 percent, but not more
than 24.20 percent, of such population, multiplied
by 2.5;
(IV) the number of such children who constitute
more than 24.20 percent, but not more
than 29.20 percent, of such population, multiplied
by 3.25; and
(V) the number of such children who constitute
more than 29.20 percent of such population,
multiplied by 4.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding
(I) the number of children determined under
section 1124(c) who constitute not more than 2,311,
inclusive, of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between
2,312 and 7,913, inclusive, in such population,
multiplied by 1.5;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population,
multiplied by 2.0;
(IV) the number of such children between
23,918 and 93,810, inclusive, in such population,
multiplied by 2.5; and
(V) the number of such children in excess
of 93,811 in such population, multiplied by 3.0.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses local educational agency data, the
weighted child count used to determine a local educational
agency’s grant under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that local educational agency
who constitute not more than 15.58 percent, inclusive,
of the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute
more than 15.58 percent, but not more
than 22.11 percent, of such population, multiplied
by 1.75;
(III) the number of such children who constitute
more than 22.11 percent, but not more
than 30.16 percent, of such population, multiplied
by 2.5;
(IV) the number of such children who constitute
more than 30.16 percent, but not more
than 38.24 percent, of such population, multiplied
by 3.25; and
(V) the number of such children who constitute
more than 38.24 percent of such population,
multiplied by 4.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) who constitute not more than 691,
inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692
and 2,262, inclusive, in such population, multiplied
by 1.5;
(III) the number of such children between
2,263 and 7,851, inclusive, in such population,
multiplied by 2.0;
(IV) the number of such children between
7,852 and 35,514, inclusive, in such population,
multiplied by 2.5; and
(V) the number of such children in excess
of 35,514 in such population, multiplied by 3.0.
(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR
EQUAL TO .10 AND LESS THAN .20.—In States with an equity
factor greater than or equal to .10 and less than .20, the
weighted child counts referred to in subsection (d) shall be
calculated as follows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses county population data to calculate
grants, the weighted child count used to determine
a county’s allocation under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that county who constitute not
more than 15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such children who constitute
more than 15.00 percent, but not more
than 19.00 percent, of such population, multiplied
by 1.5;
(III) the number of such children who constitute
more than 19.00 percent, but not more
than 24.20 percent, of such population, multiplied
by 3.0;
(IV) the number of such children who constitute
more than 24.20 percent, but not more
than 29.20 percent, of such population, multiplied
by 4.5; and
(V) the number of such children who constitute
more than 29.20 percent of such population,
multiplied by 6.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) who constitute not more than 2,311,
inclusive, of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between
2,312 and 7,913, inclusive, in such population,
multiplied by 1.5;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population,
multiplied by 2.25;
(IV) the number of such children between
23,918 and 93,810, inclusive, in such population,
multiplied by 3.375; and
(V) the number of such children in excess
of 93,811 in such population, multiplied by 4.5.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses local educational agency data, the
weighted child count used to determine a local educational
agency’s grant under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that local educational agency
who constitute not more than 15.58 percent, inclusive,
of the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute
more than 15.58 percent, but not more
than 22.11 percent, of such population, multiplied
by 1.5;
(III) the number of such children who constitute
more than 22.11 percent, but not more
than 30.16 percent, of such population, multiplied
by 3.0;
(IV) the number of such children who constitute
more than 30.16 percent, but not more
than 38.24 percent, of such population, multiplied
by 4.5; and
(V) the number of such children who constitute
more than 38.24 percent of such population,
multiplied by 6.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) who constitute not more than 691,
inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692
and 2,262, inclusive, in such population, multiplied
by 1.5;
(III) the number of such children between
2,263 and 7,851, inclusive, in such population,
multiplied by 2.25;
(IV) the number of such children between
7,852 and 35,514, inclusive, in such population,
multiplied by 3.375; and
(V) the number of such children in excess
of 35,514 in such population, multiplied by 4.5.
(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR
EQUAL TO .20.—In States with an equity factor greater than
or equal to .20, the weighted child counts referred to in subsection
(d) shall be calculated as follows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses county population data to calculate
grants, the weighted child count used to determine
a county’s allocation under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that county who constitute not
more than 15.00 percent, inclusive, of the county’s
total population aged 5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such children who constitute
more than 15.00 percent, but not more
than 19.00 percent, of such population, multiplied
by 2.0;
(III) the number of such children who constitute
more than 19.00 percent, but not more
than 24.20 percent, of such population, multiplied
by 4.0;
(IV) the number of such children who constitute
more than 24.20 percent, but not more
than 29.20 percent, of such population, multiplied
by 6.0; and
(V) the number of such children who constitute
more than 29.20 percent of such population,
multiplied by 8.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) who constitute not more than 2,311,
inclusive, of the county’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between
2,312 and 7,913, inclusive, in such population,
multiplied by 2.0;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population,
multiplied by 3.0;
(IV) the number of such children between
23,918 and 93,810, inclusive, in such population,
multiplied by 4.5; and
(V) the number of such children in excess
of 93,811 in such population, multiplied by 6.0.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which
the Secretary uses local educational agency data, the
weighted child count used to determine a local educational
agency’s grant under this section is the larger
of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) for that local educational agency
who constitute not more than 15.58 percent, inclusive,
of the agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
(II) the number of such children who constitute
more than 15.58 percent, but not more
than 22.11 percent, of such population, multiplied
by 2.0;
(III) the number of such children who constitute
more than 22.11 percent, but not more
than 30.16 percent, of such population, multiplied
by 4.0;
(IV) the number of such children who constitute
more than 30.16 percent, but not more
than 38.24 percent, of such population, multiplied
by 6.0; and
(V) the number of such children who constitute
more than 38.24 percent of such population,
multiplied by 8.0.
(iii) BY NUMBER OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under
section 1124(c) who constitute not more than 691,
inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692
and 2,262, inclusive, in such population, multiplied
by 2.0;
(III) the number of such children between
2,263 and 7,851, inclusive, in such population,
multiplied by 3.0;
(IV) the number of such children between
7,852 and 35,514, inclusive, in such population,
multiplied by 4.5; and
(V) the number of such children in excess
of 35,514 in such population, multiplied by 6.0.
(e) MAINTENANCE OF EFFORT.—
(1) IN GENERAL.—Except as provided in paragraph (2),
a State is entitled to receive its full allotment of funds under
this section for any fiscal year if the Secretary finds that
either the combined fiscal effort per student or the aggregate
expenditures within the State with respect to the provision
of free public education for the fiscal year preceding the fiscal
year for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate expenditures
for the second fiscal year preceding the fiscal year for
which the determination is made.
(2) REDUCTION OF FUNDS.—The Secretary shall reduce
the amount of funds awarded to any State under this section
in any fiscal year in the exact proportion to which the State
fails to meet the requirements of paragraph (1) by falling below
90 percent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
(3) WAIVERS.—The Secretary may waive, for 1 fiscal year
only, the requirements of this subsection if the Secretary determines
that such a waiver would be equitable due to exceptional
or uncontrollable circumstances such as a natural disaster or
a precipitous and unforeseen decline in the financial resources
of the State.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and for each of the 5 succeeding
fiscal years.
(g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—
(1) IN GENERAL.—If the sums available under this section
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under this section for such year, the Secretary shall
ratably reduce the allocations to such local educational agencies,
subject to paragraphs (2) and (3).
(2) ADDITIONAL FUNDS.—If additional funds become available
for making payments under this section for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if
sufficient funds are available, the amount made available to
each local educational agency under this section shall be
(A) not less than 95 percent of the amount made
available for the preceding fiscal year if the number of
children counted for grants under section 1124 is not less
than 30 percent of the total number of children aged 5
to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made
available for the preceding fiscal year if the percentage
described in subparagraph (A) is between 15 percent and
30 percent; and
(C) not less than 85 percent of the amount made
available for the preceding fiscal year if the percentage
described in subparagraph (A) is below 15 percent.
(4) APPLICABILITY.—Notwithstanding any other provision
of law, the Secretary shall not take into consideration the
hold-harmless provisions of this subsection for any fiscal year
for purposes of calculating State or local allocations for the
fiscal year under any program administered by the Secretary
other than a program authorized under this part.
SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
(1) IN GENERAL.—If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of children
who are living in institutions for neglected children as
described in section 1124(c)(1)(B), the State educational agency
shall, if such agency assumes responsibility for the special
educational needs of such children, receive the portion of such
local educational agency’s allocation under sections 1124,
1124A, 1125, and 1125A that is attributable to such children.
(2) SPECIAL RULE.—If the State educational agency does
not assume such responsibility, any other State or local public
agency that does assume such responsibility shall receive that
portion of the local educational agency’s allocation.
(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The
State educational agency may allocate the amounts of grants under
sections 1124, 1124A, 1125, and 1125A among the affected local
educational agencies—
(1) if two or more local educational agencies serve, in
whole or in part, the same geographical area;
(2) if a local educational agency provides free public education
for children who reside in the school district of another
local educational agency; or
(3) to reflect the merger, creation, or change of boundaries
of one or more local educational agencies.
(c) REALLOCATION.—If a State educational agency determines
that the amount of a grant a local educational agency would receive
under sections 1124, 1124A, 1125, and 1125A is more than such
local educational agency will use, the State educational agency
shall make the excess amount available to other local educational
agencies in the State that need additional funds in accordance
with criteria established by the State educational agency.
SEC. 1127. CARRYOVER AND WAIVER.
(a) LIMITATION ON CARRYOVER.—Notwithstanding section
421(b) of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to
a local educational agency for any fiscal year under this subpart
(but not including funds received through any reallocation under
this subpart) may remain available for obligation by such agency
for one additional fiscal year.
(b) WAIVER.—A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if—
(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart become
available.
(c) EXCLUSION.—The percentage limitation under subsection
(a) shall not apply to any local educational agency that receives
less than $50,000 under this subpart for any fiscal year.
NCLB Program Coordination Home Page
Cory Green, Senior Director
Contact: nclb@tea.state.tx.us or (512) 463-9374
Last Updated: 10/12/2009
Page last modified on 4/26/2010 08:36:35 AM.