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.