[DOCID: f:publ110.107] [[Page 115 STAT. 1425]] Public Law 107-110 107th Congress An Act To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. <> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <> SECTION 1. SHORT TITLE. <> This title may be cited as the ``No Child Left Behind Act of 2001''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective date. Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965. TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 101. Improving the academic achievement of the disadvantaged. TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS Sec. 201. Teacher and principal training and recruiting fund. Sec. 202. Continuation of awards. TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS Sec. 301. Language instruction for limited English proficient children and immigrant children and youth. TITLE IV--21ST CENTURY SCHOOLS Sec. 401. 21st Century schools. TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Sec. 501. Innovative programs and parental choice provisions. Sec. 502. Continuation of awards. TITLE VI--FLEXIBILITY AND ACCOUNTABILITY Sec. 601. Flexibility and accountability. Sec. 602. Amendment to the National Education Statistics Act of 1994. TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Sec. 701. Indians, Native Hawaiians, and Alaska Natives. Sec. 702. Conforming amendments. Sec. 703. Savings provisions. TITLE VIII--IMPACT AID PROGRAM Sec. 801. Payments relating to Federal acquisition of real property. [[Page 115 STAT. 1426]] Sec. 802. Payments for eligible federally connected children. Sec. 803. Construction. Sec. 804. State consideration of payments in providing State aid. Sec. 805. Authorization of appropriations. TITLE IX--GENERAL PROVISIONS Sec. 901. General provisions. TITLE X--REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER STATUTES Part A--Repeals Sec. 1011. Repeals. Sec. 1012. Conforming clerical and technical amendments. Part B--Redesignations Sec. 1021. Comprehensive Regional Assistance Centers. Sec. 1022. National Diffusion Network. Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia. Sec. 1024. Technology-based technical assistance. Sec. 1025. Conforming amendments. Part C--Homeless Education Sec. 1031. Short title. Sec. 1032. Education for homeless children and youths. Sec. 1033. Conforming amendment. Sec. 1034. Technical amendment. Part D--Native American Education Improvement Sec. 1041. Short title. Sec. 1042. Amendments to the Education Amendments of 1978. Sec. 1043. Tribally Controlled Schools Act of 1988. Sec. 1044. Lease payments by the Ojibwa Indian School. Sec. 1045. Enrollment and general assistance payments. Part E--Higher Education Act of 1965 Sec. 1051. Preparing tomorrow's teachers to use technology. Sec. 1052. Continuation of awards. Part F--General Education Provisions Act Sec. 1061. Student privacy, parental access to information, and administration of certain physical examinations to minors. Sec. 1062. Technical corrections. Part G--Miscellaneous Other Statutes Sec. 1071. Title 5 of the United States Code. Sec. 1072. Department of Education Organization Act. Sec. 1073. Education Flexibility Partnership Act of 1999. Sec. 1074. Educational Research, Development, Dissemination, and Improvement Act of 1994. Sec. 1075. National Child Protection Act of 1993. Sec. 1076. Technical and conforming amendments. SEC. 3. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 4. TRANSITION. <> (a) Multi-Year Awards.--Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2002. [[Page 115 STAT. 1427]] (b) Planning and Transition.--Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. (c) Orderly Transition.--The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act. SEC. 5. EFFECTIVE DATE. <> (a) In General.--Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b) Noncompetitive Programs.--With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2002. (c) Competitive Programs.--With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2002. (d) Impact Aid.--With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2002. SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. The Act is amended-- (1) in the heading of section 1, <> by striking ``table of contents'' and inserting ``short title''; and (2) by adding after section 1 the following new section: ``SEC. 2. TABLE OF CONTENTS. ``The table of contents for this Act is as follows: ``Sec. 1. Short title. ``Sec. 2. Table of contents. ``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED ``Sec. 1001. Statement of purpose. ``Sec. 1002. Authorization of appropriations. ``Sec. 1003. School improvement. ``Sec. 1004. State administration. ``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. [[Page 115 STAT. 1428]] ``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. ``Part B--Student Reading Skills Improvement Grants ``Subpart 1--Reading First ``Sec. 1201. Purposes. ``Sec. 1202. Formula grants to State educational agencies. ``Sec. 1203. State formula grant applications. ``Sec. 1204. Targeted assistance grants. ``Sec. 1205. External evaluation. ``Sec. 1206. National activities. ``Sec. 1207. Information dissemination. ``Sec. 1208. Definitions. ``Subpart 2--Early Reading First ``Sec. 1221. Purposes; definitions. ``Sec. 1222. Local Early Reading First grants. ``Sec. 1223. Federal administration. ``Sec. 1224. Information dissemination. ``Sec. 1225. Reporting requirements. ``Sec. 1226. Evaluation. ``Subpart 3--William F. Goodling Even Start Family Literacy Programs ``Sec. 1231. Statement of purpose. ``Sec. 1232. Program authorized. ``Sec. 1233. State educational agency programs. ``Sec. 1234. Uses of funds. ``Sec. 1235. Program elements. ``Sec. 1236. Eligible participants. ``Sec. 1237. Applications. ``Sec. 1238. Award of subgrants. ``Sec. 1239. Evaluation. ``Sec. 1240. Indicators of program quality. ``Sec. 1241. Research. ``Sec. 1242. Construction. ``Subpart 4--Improving Literacy Through School Libraries ``Sec. 1251. Improving literacy through school libraries. ``Part C--Education of Migratory Children ``Sec. 1301. Program purpose. ``Sec. 1302. Program authorized. ``Sec. 1303. State allocations. ``Sec. 1304. State applications; services. ``Sec. 1305. Secretarial approval; peer review. ``Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. ``Sec. 1307. Bypass. ``Sec. 1308. Coordination of migrant education activities. ``Sec. 1309. Definitions. [[Page 115 STAT. 1429]] ``Part D--Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk ``Sec. 1401. Purpose and program authorization. ``Sec. 1402. Payments for programs under this part. ``Subpart 1--State Agency Programs ``Sec. 1411. Eligibility. ``Sec. 1412. Allocation of funds. ``Sec. 1413. State reallocation of funds. ``Sec. 1414. State plan and State agency applications. ``Sec. 1415. Use of funds. ``Sec. 1416. Institution-wide projects. ``Sec. 1417. Three-year programs or projects. ``Sec. 1418. Transition services. ``Sec. 1419. Evaluation; technical assistance; annual model program. ``Subpart 2--Local Agency Programs ``Sec. 1421. Purpose. ``Sec. 1422. Programs operated by local educational agencies. ``Sec. 1423. Local educational agency applications. ``Sec. 1424. Uses of funds. ``Sec. 1425. Program requirements for correctional facilities receiving funds under this section. ``Sec. 1426. Accountability. ``Subpart 3--General Provisions ``Sec. 1431. Program evaluations. ``Sec. 1432. Definitions. ``Part E--National Assessment of Title I ``Sec. 1501. Evaluations. ``Sec. 1502. Demonstrations of innovative practices. ``Sec. 1503. Assessment evaluation. ``Sec. 1504. Close Up fellowship program. ``Part F--Comprehensive School Reform ``Sec. 1601. Purpose. ``Sec. 1602. Program authorization. ``Sec. 1603. State applications. ``Sec. 1604. State use of funds. ``Sec. 1605. Local applications. ``Sec. 1606. Local use of funds. ``Sec. 1607. Evaluation and reports. ``Sec. 1608. Quality initiatives. ``Part G--Advanced Placement Programs ``Sec. 1701. Short title. ``Sec. 1702. Purposes. ``Sec. 1703. Funding distribution rule. ``Sec. 1704. Advanced placement test fee program. ``Sec. 1705. Advanced placement incentive program grants. ``Sec. 1706. Supplement, not supplant. ``Sec. 1707. Definitions. ``Part H--School Dropout Prevention ``Sec. 1801. Short title. ``Sec. 1802. Purpose. ``Sec. 1803. Authorization of appropriations. ``Subpart 1--Coordinated National Strategy ``Sec. 1811. National activities. ``Subpart 2--School Dropout Prevention Initiative ``Sec. 1821. Definitions. ``Sec. 1822. Program authorized. ``Sec. 1823. Applications. ``Sec. 1824. State reservation. ``Sec. 1825. Strategies and capacity building. ``Sec. 1826. Selection of local educational agencies for subgrants. [[Page 115 STAT. 1430]] ``Sec. 1827. Community based organizations. ``Sec. 1828. Technical assistance. ``Sec. 1829. School dropout rate calculation. ``Sec. 1830. Reporting and accountability. ``Part I--General Provisions ``Sec. 1901. Federal regulations. ``Sec. 1902. Agreements and records. ``Sec. 1903. State administration. ``Sec. 1904. Local educational agency spending audits. ``Sec. 1905. Prohibition against Federal mandates, direction, or control. ``Sec. 1906. Rule of construction on equalized spending. ``Sec. 1907. State report on dropout data. ``Sec. 1908. Regulations for sections 1111 and 1116. ``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS ``Part A--Teacher and Principal Training and Recruiting Fund ``Sec. 2101. Purpose. ``Sec. 2102. Definitions. ``Sec. 2103. Authorizations of appropriations. ``Subpart 1--Grants to States ``Sec. 2111. Allotments to States. ``Sec. 2112. State applications. ``Sec. 2113. State use of funds. ``Subpart 2--Subgrants to Local Educational Agencies ``Sec. 2121. Allocations to local educational agencies. ``Sec. 2122. Local applications and needs assessment. ``Sec. 2123. Local use of funds. ``Subpart 3--Subgrants to Eligible Partnerships ``Sec. 2131. Definitions. ``Sec. 2132. Subgrants. ``Sec. 2133. Applications. ``Sec. 2134. Use of funds. ``Subpart 4--Accountability ``Sec. 2141. Technical assistance and accountability. ``Subpart 5--National Activities ``Sec. 2151. National activities of demonstrated effectiveness. ``Part B--Mathematics and Science Partnerships ``Sec. 2201. Purpose; definitions. ``Sec. 2202. Grants for mathematics and science partnerships. ``Sec. 2203. Authorization of appropriations. ``Part C--Innovation for Teacher Quality ``Subpart 1--Transitions to Teaching ``CHAPTER A--TROOPS-TO-TEACHERS PROGRAM ``Sec. 2301. Definitions. ``Sec. 2302. Authorization of Troops-to-Teachers Program. ``Sec. 2303. Recruitment and selection of program participants. ``Sec. 2304. Participation agreement and financial assistance. ``Sec. 2305. Participation by States. ``Sec. 2306. Support of innovative preretirement teacher certification programs. ``Sec. 2307. Reporting requirements. ``CHAPTER B--TRANSITION TO TEACHING PROGRAM ``Sec. 2311. Purposes. ``Sec. 2312. Definitions. ``Sec. 2313. Grant program. ``Sec. 2314. Evaluation and accountability for recruiting and retaining teachers. ``CHAPTER C--GENERAL PROVISIONS ``Sec. 2321. Authorization of appropriations. [[Page 115 STAT. 1431]] ``Subpart 2--National Writing Project ``Sec. 2331. Purposes. ``Sec. 2332. National Writing Project. ``Subpart 3--Civic Education ``Sec. 2341. Short title. ``Sec. 2342. Purpose. ``Sec. 2343. General authority. ``Sec. 2344. We the People program. ``Sec. 2345. Cooperative civic education and economic education exchange programs. ``Sec. 2346. Authorization of appropriations. ``Subpart 4--Teaching of Traditional American History ``Sec. 2351. Establishment of program. ``Sec. 2352. Authorization of appropriations. ``Subpart 5--Teacher Liability Protection ``Sec. 2361. Short title. ``Sec. 2362. Purpose. ``Sec. 2363. Definitions. ``Sec. 2364. Applicability. ``Sec. 2365. Preemption and election of State nonapplicability. ``Sec. 2366. Limitation on liability for teachers. ``Sec. 2367. Allocation of responsibility for noneconomic loss. ``Sec. 2368. Effective date. ``Part D--Enhancing Education Through Technology ``Sec. 2401. Short title. ``Sec. 2402. Purposes and goals. ``Sec. 2403. Definitions. ``Sec. 2404. Authorization of appropriations. ``Subpart 1--State and Local Technology Grants ``Sec. 2411. Allotment and reallotment. ``Sec. 2412. Use of allotment by State. ``Sec. 2413. State applications. ``Sec. 2414. Local applications. ``Sec. 2415. State activities. ``Sec. 2416. Local activities. ``Subpart 2--National Technology Activities ``Sec. 2421. National activities. ``Sec. 2422. National education technology plan. ``Subpart 3--Ready-to-Learn Television ``Sec. 2431. Ready-to-Learn Television. ``Subpart 4--Limitation on Availability of Certain Funds for Schools ``Sec. 2441. Internet safety. ``TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS ``Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts. ``Part A--English Language Acquisition, Language Enhancement, and Academic Achievement Act ``Sec. 3101. Short title. ``Sec. 3102. Purposes. ``Subpart 1--Grants and Subgrants for English Language Acquisition and Language Enhancement ``Sec. 3111. Formula grants to States. ``Sec. 3112. Native American and Alaska Native children in school. ``Sec. 3113. State and specially qualified agency plans. ``Sec. 3114. Within-State allocations. ``Sec. 3115. Subgrants to eligible entities. ``Sec. 3116. Local plans. ``Subpart 2--Accountability and Administration ``Sec. 3121. Evaluations. [[Page 115 STAT. 1432]] ``Sec. 3122. Achievement objectives and accountability. ``Sec. 3123. Reporting requirements. ``Sec. 3124. Coordination with related programs. ``Sec. 3125. Rules of construction. ``Sec. 3126. Legal authority under State law. ``Sec. 3127. Civil rights. ``Sec. 3128. Programs for Native Americans and Puerto Rico. ``Sec. 3129. Prohibition. ``Subpart 3--National Activities ``Sec. 3131. National professional development project. ``Subpart 4--Definitions ``Sec. 3141. Eligible entity. ``Part B--Improving Language Instruction Educational Programs ``Sec. 3201. Short title. ``Sec. 3202. Purpose. ``Sec. 3203. Native American children in school. ``Sec. 3204. Residents of the territories and freely associated states. ``Subpart 1--Program Development and Enhancement ``Sec. 3211. Financial assistance for language instruction educational programs. ``Sec. 3212. Program enhancement activities. ``Sec. 3213. Comprehensive school and systemwide improvement activities. ``Sec. 3214. Applications. ``Sec. 3215. Capacity building. ``Sec. 3216. Programs for Native Americans and Puerto Rico. ``Sec. 3217. Evaluations. ``Sec. 3218. Construction. ``Subpart 2--Research, Evaluation, and Dissemination ``Sec. 3221. Authority. ``Sec. 3222. Research. ``Sec. 3223. Academic excellence awards. ``Sec. 3224. State grant program. ``Sec. 3225. Instruction materials development. ``Subpart 3--Professional Development ``Sec. 3231. Professional development grants. ``Subpart 4--Emergency Immigrant Education Program ``Sec. 3241. Purpose. ``Sec. 3242. State administrative costs. ``Sec. 3243. Withholding. ``Sec. 3244. State allotments. ``Sec. 3245. State applications. ``Sec. 3246. Administrative provisions. ``Sec. 3247. Uses of funds. ``Sec. 3248. Reports. ``Subpart 5--Administration ``Sec. 3251. Release time. ``Sec. 3252. Notification. ``Sec. 3253. Coordination and reporting requirements. ``Part C--General Provisions ``Sec. 3301. Definitions. ``Sec. 3302. Parental notification. ``Sec. 3303. National Clearinghouse. ``Sec. 3304. Regulations. ``TITLE IV--21ST CENTURY SCHOOLS ``Part A--Safe and Drug-Free Schools and Communities ``Sec. 4001. Short title. ``Sec. 4002. Purpose. ``Sec. 4003. Authorization of appropriations. ``Subpart 1--State Grants ``Sec. 4111. Reservations and allotments. [[Page 115 STAT. 1433]] ``Sec. 4112. Reservation of State funds for safe and drug-free schools. ``Sec. 4113. State application. ``Sec. 4114. Local educational agency program. ``Sec. 4115. Authorized activities. ``Sec. 4116. Reporting. ``Sec. 4117. Programs for Native Hawaiians. ``Subpart 2--National Programs ``Sec. 4121. Federal activities. ``Sec. 4122. Impact evaluation. ``Sec. 4123. Hate crime prevention. ``Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee. ``Sec. 4125. National coordinator program. ``Sec. 4126. Community service grant program. ``Sec. 4127. School Security Technology and Resource Center. ``Sec. 4128. National Center for School and Youth Safety. ``Sec. 4129. Grants to reduce alcohol abuse. ``Sec. 4130. Mentoring programs. ``Subpart 3--Gun Possession ``Sec. 4141. Gun-free requirements. ``Subpart 4--General Provisions ``Sec. 4151. Definitions. ``Sec. 4152. Message and materials. ``Sec. 4153. Parental consent. ``Sec. 4154. Prohibited uses of funds. ``Sec. 4155. Transfer of school disciplinary records. ``Part B--21st Century Community Learning Centers ``Sec. 4201. Purpose; definitions. ``Sec. 4202. Allotments to States. ``Sec. 4203. State application. ``Sec. 4204. Local competitive grant program. ``Sec. 4205. Local activities. ``Sec. 4206. Authorization of appropriations. ``Part C--Environmental Tobacco Smoke ``Sec. 4301. Short title. ``Sec. 4302. Definitions. ``Sec. 4303. Nonsmoking policy for children's services. ``Sec. 4304. Preemption. ``TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS ``Part A--Innovative Programs ``Sec. 5101. Purposes, State and local responsibility. ``Subpart 1--State and Local Programs ``Sec. 5111. Allotment to States. ``Sec. 5112. Allocation to local educational agencies. ``Subpart 2--State Programs ``Sec. 5121. State uses of funds. ``Sec. 5122. State applications. ``Subpart 3--Local Innovative Education Programs ``Sec. 5131. Local uses of funds. ``Sec. 5132. Administrative authority. ``Sec. 5133. Local applications. ``Subpart 4--General Provisions ``Sec. 5141. Maintenance of effort. ``Sec. 5142. Participation of children enrolled in private schools. ``Sec. 5143. Federal administration. ``Sec. 5144. Supplement, not supplant. ``Sec. 5145. Definitions. ``Sec. 5146. Authorization of appropriations. [[Page 115 STAT. 1434]] ``Part B--Public Charter Schools ``Subpart 1--Charter School Programs ``Sec. 5201. Purpose. ``Sec. 5202. Program authorized. ``Sec. 5203. Applications. ``Sec. 5204. Administration. ``Sec. 5205. National activities. ``Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. ``Sec. 5207. Solicitation of input from charter school operators. ``Sec. 5208. Records transfer. ``Sec. 5209. Paperwork reduction. ``Sec. 5210. Definitions. ``Sec. 5211. Authorization of appropriations. ``Subpart 2--Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction, and Renovation ``Sec. 5221. Purpose. ``Sec. 5222. Grants to eligible entities. ``Sec. 5223. Applications. ``Sec. 5224. Charter school objectives. ``Sec. 5225. Reserve account. ``Sec. 5226. Limitation on administrative costs. ``Sec. 5227. Audits and reports. ``Sec. 5228. No full faith and credit for grantee obligations. ``Sec. 5229. Recovery of funds. ``Sec. 5230. Definitions. ``Sec. 5231. Authorization of appropriations. ``Subpart 3--Voluntary Public School Choice Programs ``Sec. 5241. Grants. ``Sec. 5242. Uses of funds. ``Sec. 5243. Applications. ``Sec. 5244. Priorities. ``Sec. 5245. Requirements and voluntary participation. ``Sec. 5246. Evaluations. ``Sec. 5247. Definitions. ``Sec. 5248. Authorization of appropriations. ``Part C--Magnet Schools Assistance ``Sec. 5301. Findings and purpose. ``Sec. 5302. Definition. ``Sec. 5303. Program authorized. ``Sec. 5304. Eligibility. ``Sec. 5305. Applications and requirements. ``Sec. 5306. Priority. ``Sec. 5307. Use of funds. ``Sec. 5308. Prohibition. ``Sec. 5309. Limitations. ``Sec. 5310. Evaluations. ``Sec. 5311. Authorization of appropriations; reservation. ``Part D--Fund for the Improvement of Education ``Sec. 5401. Authorization of appropriations. ``Subpart 1--Fund for the Improvement of Education ``Sec. 5411. Programs authorized. ``Sec. 5412. Applications. ``Sec. 5413. Program requirements. ``Sec. 5414. Studies of national significance. ``Subpart 2--Elementary and Secondary School Counseling Programs ``Sec. 5421. Elementary and secondary school counseling programs. ``Subpart 3--Partnerships in Character Education ``Sec. 5431. Partnerships in Character Education program. ``Subpart 4--Smaller Learning Communities ``Sec. 5441. Smaller learning communities. [[Page 115 STAT. 1435]] ``Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution Program ``Sec. 5451. Inexpensive book distribution program for reading motivation. ``Subpart 6--Gifted and Talented Students ``Sec. 5461. Short title. ``Sec. 5462. Purpose. ``Sec. 5463. Rule of construction. ``Sec. 5464. Authorized programs. ``Sec. 5465. Program priorities. ``Sec. 5466. General provisions. ``Subpart 7--Star Schools Program ``Sec. 5471. Short title. ``Sec. 5472. Purposes. ``Sec. 5473. Grant program authorized. ``Sec. 5474. Applications. ``Sec. 5475. Other grant assistance. ``Sec. 5476. Administrative provisions. ``Sec. 5477. Definitions. ``Subpart 8--Ready to Teach ``Sec. 5481. Grants. ``Sec. 5482. Application required. ``Sec. 5483. Reports and evaluation. ``Sec. 5484. Digital educational programming grants. ``Sec. 5485. Administrative costs. ``Subpart 9--Foreign Language Assistance Program ``Sec. 5491. Short title. ``Sec. 5492. Program authorized. ``Sec. 5493. Applications. ``Sec. 5494. Elementary school foreign language incentive program. ``Subpart 10--Physical Education ``Sec. 5501. Short title. ``Sec. 5502. Purpose. ``Sec. 5503. Program authorized. ``Sec. 5504. Applications. ``Sec. 5505. Requirements. ``Sec. 5506. Administrative provisions. ``Sec. 5507. Supplement, not supplant. ``Subpart 11--Community Technology Centers ``Sec. 5511. Purpose and program authorization. ``Sec. 5512. Eligibility and application requirements. ``Sec. 5513. Uses of funds. ``Subpart 12--Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading Partners in Massachusetts ``Sec. 5521. Short title. ``Sec. 5522. Findings and purposes. ``Sec. 5523. Program authorization. ``Sec. 5524. Administrative provisions. ``Sec. 5525. Availability of funds. ``Sec. 5526. Definitions. ``Subpart 13--Excellence in Economic Education ``Sec. 5531. Short title. ``Sec. 5532. Purpose and goals. ``Sec. 5533. Grant program authorized. ``Sec. 5534. Applications. ``Sec. 5535. Requirements. ``Sec. 5536. Administrative provisions. ``Sec. 5537. Supplement, not supplant. ``Subpart 14--Grants to Improve the Mental Health of Children ``Sec. 5541. Grants for the integration of schools and mental health systems. [[Page 115 STAT. 1436]] ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``Subpart 15--Arts in Education ``Sec. 5551. Assistance for arts education. ``Subpart 16--Parental Assistance and Local Family Information Centers ``Sec. 5561. Purposes. ``Sec. 5562. Grants authorized. ``Sec. 5563. Applications. ``Sec. 5564. Uses of funds. ``Sec. 5565. Administrative provisions. ``Sec. 5566. Local family information centers. ``Subpart 17--Combatting Domestic Violence ``Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children. ``Subpart 18--Healthy, High-Performance Schools ``Sec. 5581. Grant program authorized. ``Sec. 5582. State uses of funds. ``Sec. 5583. Local uses of funds. ``Sec. 5584. Report to Congress. ``Sec. 5585. Limitations. ``Sec. 5586. Healthy, high-performance school building defined. ``Subpart 19--Grants for Capital Expenses of Providing Equitable Services for Private School Students ``Sec. 5591. Grant program authorized. ``Sec. 5592. Uses of funds. ``Sec. 5593. Allotments to States. ``Sec. 5594. Subgrants to local educational agencies. ``Sec. 5595. Capital expenses defined. ``Sec. 5596. Termination. ``Subpart 20--Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition ``Sec. 5601. Reservation. ``Sec. 5602. Eligibility. ``Sec. 5603. Maximum amount. ``Subpart 21--Women's Educational Equity Act ``Sec. 5611. Short title and findings. ``Sec. 5612. Statement of purpose. ``Sec. 5613. Programs authorized. ``Sec. 5614. Applications. ``Sec. 5615. Criteria and priorities. ``Sec. 5616. Report. ``Sec. 5617. Administration. ``Sec. 5618. Amount. ``TITLE VI--FLEXIBILITY AND ACCOUNTABILITY ``Part A--Improving Academic Achievement ``Subpart 1--Accountability ``Sec. 6111. Grants for State assessments and related activities. ``Sec. 6112. Grants for enhanced assessment instruments. ``Sec. 6113. Funding. ``Subpart 2--Funding Transferability for State and Local Educational Agencies ``Sec. 6121. Short title. ``Sec. 6122. Purpose. ``Sec. 6123. Transferability of funds. ``Subpart 3--State and Local Flexibility Demonstration ``Sec. 6131. Short title. ``Sec. 6132. Purpose. ``Sec. 6133. General provision. [[Page 115 STAT. 1437]] ``CHAPTER A--STATE FLEXIBILITY AUTHORITY ``Sec. 6141. State flexibility. ``Sec. 6142. Consolidation and use of funds. ``Sec. 6143. Performance review and penalties. ``Sec. 6144. Renewal of grant of flexibility authority. ``CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION ``Sec. 6151. Local flexibility demonstration agreements. ``Sec. 6152. Consolidation and use of funds. ``Sec. 6153. Limitations on administrative expenditures. ``Sec. 6154. Performance review and penalties. ``Sec. 6155. Renewal of local flexibility demonstration agreement. ``Sec. 6156. Reports. ``Subpart 4--State Accountability for Adequate Yearly Progress ``Sec. 6161. Accountability for adequate yearly progress. ``Sec. 6162. Peer review. ``Sec. 6163. Technical assistance. ``Sec. 6164. Report to Congress. ``Part B--Rural Education Initiative ``Sec. 6201. Short title. ``Sec. 6202. Purpose. ``Subpart 1--Small, Rural School Achievement Program ``Sec. 6211. Use of applicable funding. ``Sec. 6212. Grant program authorized. ``Sec. 6213. Accountability. ``Subpart 2--Rural and Low-Income School Program ``Sec. 6221. Program authorized. ``Sec. 6222. Uses of funds. ``Sec. 6223. Applications. ``Sec. 6224. Accountability. ``Subpart 3--General Provisions ``Sec. 6231. Annual average daily attendance determination. ``Sec. 6232. Supplement, not supplant. ``Sec. 6233. Rule of construction. ``Sec. 6234. orization of appropriations. ``Part C--General Provisions ``Sec. 6301. Prohibition against Federal mandates, direction, or control. ``Sec. 6302. Rule of construction on equalized spending. ``TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION ``Part A--Indian Education ``Sec. 7101. Statement of policy. ``Sec. 7102. Purpose. ``Subpart 1--Formula Grants to Local Educational Agencies ``Sec. 7111. Purpose. ``Sec. 7112. Grants to local educational agencies and tribes. ``Sec. 7113. Amount of grants. ``Sec. 7114. Applications. ``Sec. 7115. Authorized services and activities. ``Sec. 7116. Integration of services authorized. ``Sec. 7117. Student eligibility forms. ``Sec. 7118. Payments. ``Sec. 7119. State educational agency review. ``Subpart 2--Special Programs and Projects To Improve Educational Opportunities for Indian Children ``Sec. 7121. Improvement of educational opportunities for Indian children. ``Sec. 7122. Professional development for teachers and education professionals. ``Subpart 3--National Activities ``Sec. 7131. National research activities. [[Page 115 STAT. 1438]] ``Sec. 7132. In-service training for teachers of Indian children. ``Sec. 7133. Fellowships for Indian students. ``Sec. 7134. Gifted and talented Indian students. ``Sec. 7135. Grants to tribes for education administrative planning and development. ``Sec. 7136. Improvement of educational opportunities for adult Indians. ``Subpart 4--Federal Administration ``Sec. 7141. National Advisory Council on Indian Education. ``Sec. 7142. Peer review. ``Sec. 7143. Preference for Indian applicants. ``Sec. 7144. Minimum grant criteria. ``Subpart 5--Definitions; Authorizations of Appropriations ``Sec. 7151. Definitions. ``Sec. 7152. Authorizations of appropriations. ``Part B--Native Hawaiian Education ``Sec. 7201. Short title. ``Sec. 7202. Findings. ``Sec. 7203. Purposes. ``Sec. 7204. Native Hawaiian Education Council and island councils. ``Sec. 7205. Program authorized. ``Sec. 7206. Administrative provisions. ``Sec. 7207. Definitions. ``Part C--Aalaska Native Education ``Sec. 7301. Short title. ``Sec. 7302. Findings. ``Sec. 7303. Purposes. ``Sec. 7304. Program authorized. ``Sec. 7305. Administrative provisions. ``Sec. 7306. Definitions. ``TITLE VIII--IMPACT AID ``Sec. 8001. Purpose. ``Sec. 8002. Payments relating to Federal acquisition of real property. ``Sec. 8003. Payments for eligible federally connected children. `Sec. 8004. Policies and procedures relating to children residing on Indian lands. ``Sec. 8005. Application for payments under sections 8002 and 8003. ``Sec. 8007. Construction. ``Sec. 8008. Facilities. ``Sec. 8009. State consideration of payments in providing State aid. ``Sec. 8010. Federal administration. ``Sec. 8011. Administrative hearings and judicial review. ``Sec. 8012. Forgiveness of overpayments. ``Sec. 8013. Definitions. ``Sec. 8014. Authorization of appropriations. ``TITLE IX--GENERAL PROVISIONS ``Part A--Definitions ``Sec. 9101. Definitions. ``Sec. 9102. Applicability of title. ``Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. ``Part B--Flexibility in the use of Administrative and Other Funds ``Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. ``Sec. 9202. Single local educational agency States. ``Sec. 9203. Consolidation of funds for local administration. ``Sec. 9204. Consolidated set-aside for Department of the Interior funds. ``Part C--Coordination of Programs; Consolidated State and Local Plans and Applications ``Sec. 9301. Purpose. ``Sec. 9302. Optional consolidated State plans or applications. ``Sec. 9303. Consolidated reporting. ``Sec. 9304. General applicability of State educational agency assurances. ``Sec. 9305. Consolidated local plans or applications. [[Page 115 STAT. 1439]] ``Sec. 9306. Other general assurances. ``Part D--Waivers ``Sec. 9401. Waivers of statutory and regulatory requirements. ``Part E--Uniform Provisions ``Subpart 1--Private Schools ``Sec. 9501. Participation by private school children and teachers. ``Sec. 9502. Standards for by-pass. ``Sec. 9503. Complaint process for participation of private school children. ``Sec. 9504. By-pass determination process. ``Sec. 9505. Prohibition against funds for religious worship or instruction. ``Sec. 9506. Private, religious, and home schools. ``Subpart 2--Other Provisions ``Sec. 9521. Maintenance of effort. ``Sec. 9522. Prohibition regarding State aid. ``Sec. 9523. Privacy of assessment results. ``Sec. 9524. School prayer. ``Sec. 9525. Equal access to public school facilities. ``Sec. 9526. General prohibitions. ``Sec. 9527. Prohibitions on Federal Government and use of Federal funds. ``Sec. 9528. Armed Forces recruiter access to students and student recruiting information. ``Sec. 9529. Prohibition on federally sponsored testing. ``Sec. 9530. Limitations on national testing or certification for teachers. ``Sec. 9531. Prohibition on nationwide database. ``Sec. 9532. Unsafe school choice option. ``Sec. 9533. Prohibition on discrimination. ``Sec. 9534. Civil rights. ``Sec. 9535. Rulemaking. ``Sec. 9536. Severability. ``Part F--Evaluations ``Sec. 9601. Evaluations.''. TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED SEC. 101. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED. Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended to read as follows: ``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED ``SEC. 1001. STATEMENT OF PURPOSE. <> ``The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments. This purpose can be accomplished by-- ``(1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, [[Page 115 STAT. 1440]] parents, and administrators can measure progress against common expectations for student academic achievement; ``(2) meeting the educational needs of low-achieving children in our Nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance; ``(3) closing the achievement gap between high- and low- performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; ``(4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; ``(5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; ``(6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; ``(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; ``(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time; ``(9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content; ``(10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; ``(11) coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and ``(12) affording parents substantial and meaningful opportunities to participate in the education of their children. ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. <> ``(a) Local Educational Agency Grants.--For the purpose of carrying out part A, there are authorized to be appropriated-- ``(1) $13,500,000,000 for fiscal year 2002; ``(2) $16,000,000,000 for fiscal year 2003; ``(3) $18,500,000,000 for fiscal year 2004; ``(4) $20,500,000,000 for fiscal year 2005; ``(5) $22,750,000,000 for fiscal year 2006; and ``(6) $25,000,000,000 for fiscal year 2007. ``(b) Reading First.-- [[Page 115 STAT. 1441]] ``(1) Reading first.--For the purpose of carrying out subpart 1 of part B, there are authorized to be appropriated $900,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(2) Early reading first.--For the purpose of carrying out subpart 2 of part B, there are authorized to be appropriated $75,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(3) Even start.--For the purpose of carrying out subpart 3 of part B, there are authorized to be appropriated $260,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(4) Improving literacy through school libraries.--For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated $250,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(c) Education of Migratory Children.--For the purpose of carrying out part C, there are authorized to be appropriated $410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(d) Prevention and Intervention Programs for Youth Who Are Neglected, Delinquent, or at Risk.--For the purpose of carrying out part D, there are authorized to be appropriated $50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(e) Federal Activities.-- ``(1) Sections 1501 and 1502.--For the purpose of carrying out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. ``(2) Section 1504.-- ``(A) In general.--For the purpose of carrying out section 1504, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years. ``(B) Special rule.--Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1). ``(f) Comprehensive School Reform.--For the purpose of carrying out part F, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. ``(g) Advanced Placement.--For the purposes of carrying out part G, there are authorized to be appropriated such sums for fiscal year 2002 and each 5 succeeding fiscal year. ``(h) School Dropout Prevention.--For the purpose of carrying out part H, there are authorized to be appropriated $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which-- ``(1) up to 10 percent shall be available to carry out subpart 1 of part H for each fiscal year; and ``(2) the remainder shall be available to carry out subpart 2 of part H for each fiscal year. [[Page 115 STAT. 1442]] ``(i) School Improvement.--For the purpose of carrying out section 1003(g), there are authorized to be appropriated $500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``SEC. 1003. <> SCHOOL IMPROVEMENT. ``(a) State Reservations.--Each State shall reserve 2 percent of the amount the State receives under subpart 2 of part A for fiscal years 2002 and 2003, and 4 percent of the amount received under such subpart for fiscal years 2004 through 2007, to carry out subsection (b) and to carry out the State's responsibilities under sections 1116 and 1117, including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies. ``(b) Uses.--Of the amount reserved under subsection (a) for any fiscal year, the State educational agency-- ``(1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b); or ``(2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. ``(c) Priority.--The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that-- ``(1) serve the lowest-achieving schools; ``(2) demonstrate the greatest need for such funds; and ``(3) demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet the progress goals in school improvement plans under section 1116 (b)(3)(A)(v). ``(d) Unused Funds.--If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with-- ``(1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or ``(2) section 1126(c). ``(e) Special Rule.--Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency under such subpart for the preceding fiscal year. ``(f) <> Reporting.--The State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line. ``(g) Assistance for Local School Improvement.-- [[Page 115 STAT. 1443]] ``(1) Program authorized.--The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. ``(2) State allotments.--Such grants shall be allotted among States, the Bureau of Indian Affairs, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Affairs, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this title. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies and schools that were in school improvement status on the date preceding the date of enactment of the No Child Left Behind Act of 2001. ``(3) Reallocations.--If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2). ``(4) State applications.--Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116. ``(5) Local educational agency grants.--A grant to a local educational agency under this subsection shall be-- ``(A) of sufficient size and scope to support the activities required under sections 1116 and 1117, but not less than $50,000 and not more than $500,000 for each participating school; ``(B) integrated with other funds awarded by the State under this Act; and ``(C) renewable for two additional 1-year periods if schools are meeting the goals in their school improvement plans developed under section 1116. ``(6) Priority.--The State, in awarding such grants, shall give priority to local educational agencies with the lowest- achieving schools that demonstrate-- ``(A) the greatest need for such funds; and ``(B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the goals under school and local educational agency improvement, corrective action, and restructuring plans under section 1116. ``(7) Allocation.--A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified for school improvement, corrective action, or restructuring to carry out activities under section 1116(b), or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision [[Page 115 STAT. 1444]] through other entities such as school support teams or educational service agencies. ``(8) Administrative costs.--A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. ``(9) Local awards.--Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency improvement, corrective action, and restructuring plans under section 1116. ``SEC. 1004. STATE ADMINISTRATION. <> ``(a) In General.--Except as provided in subsection (b), to carry out administrative duties assigned under parts A, C, and D of this title, each State may reserve the greater of-- ``(1) 1 percent of the amounts received under such parts; or ``(2) $400,000 ($50,000 in the case of each outlying area). ``(b) Exception.--If the sum of the amounts appropriated for parts A, C, and D of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the States for parts A, C, and D of this title. ``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 [[Page 115 STAT. 1445]] 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 [[Page 115 STAT. 1446]] 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 [[Page 115 STAT. 1447]] ``(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 [[Page 115 STAT. 1448]] 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 [[Page 115 STAT. 1449]] 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 high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State's challenging student academic achievement standards, except that no State shall be required to meet the requirements of this part relating to science assessments until the beginning of the 2007-2008 school year. ``(B) Use of assessments.--Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time. ``(C) Requirements.--Such assessments shall-- [[Page 115 STAT. 1450]] ``(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 [[Page 115 STAT. 1451]] 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 case-by- case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed two additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; ``(xi) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; ``(xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii) that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; ``(xiii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by [[Page 115 STAT. 1452]] 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 [[Page 115 STAT. 1453]] 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 [[Page 115 STAT. 1454]] 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; [[Page 115 STAT. 1455]] ``(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 [[Page 115 STAT. 1456]] ``(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 [[Page 115 STAT. 1457]] ``(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 [[Page 115 STAT. 1458]] 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 [[Page 115 STAT. 1459]] ``(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 [[Page 115 STAT. 1460]] 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; [[Page 115 STAT. 1461]] ``(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 [[Page 115 STAT. 1462]] 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