-CITE- 20 USC CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS -HEAD- CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS -MISC1- SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 6301. Statement of purpose. 6302. Authorization of appropriations. 6303. School improvement. 6304. State administration. PART A - IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES SUBPART 1 - BASIC PROGRAM REQUIREMENTS 6311. State plans. 6312. Local educational agency plans. 6313. Eligible school attendance areas. 6314. Schoolwide programs. 6315. Targeted assistance schools. 6316. Academic assessment and local educational agency and school improvement. 6317. School support and recognition. 6318. Parental involvement. 6319. Qualifications for teachers and paraprofessionals. 6320. Participation of children enrolled in private schools. 6321. Fiscal requirements. 6322. Coordination requirements. SUBPART 2 - ALLOCATIONS 6331. Grants for the outlying areas and the Secretary of the Interior. 6332. Allocations to States. 6333. Basic grants to local educational agencies. 6334. Concentration grants to local educational agencies. 6335. Targeted grants to local educational agencies. 6336. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. 6337. Education finance incentive grant program. 6338. Special allocation procedures. 6339. Carryover and waiver. PART B - STUDENT READING SKILLS IMPROVEMENT GRANTS SUBPART 1 - READING FIRST 6361. Purposes. 6362. Formula grants to State educational agencies. 6363. State formula grant applications. 6364. Targeted assistance grants. 6365. External evaluation. 6366. National activities. 6367. Information dissemination. 6368. Definitions. SUBPART 2 - EARLY READING FIRST 6371. Purposes; definitions. 6372. Local Early Reading First grants. 6373. Federal administration. 6374. Information dissemination. 6375. Reporting requirements. 6376. Evaluation. SUBPART 3 - WILLIAM F. GOODLING EVEN START FAMILY LITERACY PROGRAMS 6381. Statement of purpose. 6381a. Program authorized. 6381b. State educational agency programs. 6381c. Uses of funds. 6381d. Program elements. 6381e. Eligible participants. 6381f. Applications. 6381g. Award of subgrants. 6381h. Evaluation. 6381i. Indicators of program quality. 6381j. Research. 6381k. Construction. SUBPART 4 - IMPROVING LITERACY THROUGH SCHOOL LIBRARIES 6383. Improving literacy through school libraries. PART C - EDUCATION OF MIGRATORY CHILDREN 6391. Program purpose. 6392. Program authorized. 6393. State allocations. 6394. State applications; services. 6395. Secretarial approval; peer review. 6396. Comprehensive needs assessment and service-delivery plan; authorized activities. 6397. Bypass. 6398. Coordination of migrant education activities. 6399. Definitions. PART D - PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK 6421. Purpose and program authorization. 6422. Payments for programs under this part. SUBPART 1 - STATE AGENCY PROGRAMS 6431. Eligibility. 6432. Allocation of funds. 6433. State reallocation of funds. 6434. State plan and State agency applications. 6435. Use of funds. 6436. Institution-wide projects. 6437. Three-year programs or projects. 6438. Transition services. 6439. Evaluation; technical assistance; annual model program. SUBPART 2 - LOCAL AGENCY PROGRAMS 6451. Purpose. 6452. Programs operated by local educational agencies. 6453. Local educational agency applications. 6454. Uses of funds. 6455. Program requirements for correctional facilities receiving funds under this section. 6456. Accountability. SUBPART 3 - GENERAL PROVISIONS 6471. Program evaluations. 6472. Definitions. PART E - NATIONAL ASSESSMENT OF SUBCHAPTER I 6491. Evaluations. 6492. Demonstrations of innovative practices. 6493. Assessment evaluation. 6494. Close Up fellowship program. PART F - COMPREHENSIVE SCHOOL REFORM 6511. Purpose. 6512. Program authorization. 6513. State applications. 6514. State use of funds. 6515. Local applications. 6516. Local use of funds. 6517. Evaluation and reports. 6518. Quality initiatives. PART G - ADVANCED PLACEMENT PROGRAMS 6531. Short title. 6532. Purposes. 6533. Funding distribution rule. 6534. Advanced placement test fee program. 6535. Advanced placement incentive program grants. 6536. Supplement, not supplant. 6537. Definitions. PART H - SCHOOL DROPOUT PREVENTION 6551. Short title. 6552. Purpose. 6553. Authorization of appropriations. SUBPART 1 - COORDINATED NATIONAL STRATEGY 6555. National activities. SUBPART 2 - SCHOOL DROPOUT PREVENTION INITIATIVE 6561. Definitions. 6561a. Program authorized. 6561b. Applications. 6561c. State reservation. 6561d. Strategies and capacity building. 6561e. Selection of local educational agencies for subgrants. 6561f. Community based organizations. 6561g. Technical assistance. 6561h. School dropout rate calculation. 6561i. Reporting and accountability. PART I - GENERAL PROVISIONS 6571. Federal regulations. 6572. Agreements and records. 6573. State administration. 6574. Local educational agency spending audits. 6575. Prohibition against Federal mandates, direction, or control. 6576. Rule of construction on equalized spending. 6577. State report on dropout data. 6578. Regulations for sections 6311 and 6316. SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS PART A - TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND 6601. Purpose. 6602. Definitions. 6603. Authorizations of appropriations. SUBPART 1 - GRANTS TO STATES 6611. Allotments to States. 6612. State applications. 6613. State use of funds. SUBPART 2 - SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES 6621. Allocations to local educational agencies. 6622. Local applications and needs assessment. 6623. Local use of funds. SUBPART 3 - SUBGRANTS TO ELIGIBLE PARTNERSHIPS 6631. Definitions. 6632. Subgrants. 6633. Applications. 6634. Use of funds. SUBPART 4 - ACCOUNTABILITY 6641. Technical assistance and accountability. SUBPART 5 - NATIONAL ACTIVITIES 6651. National activities of demonstrated effectiveness. PART B - MATHEMATICS AND SCIENCE PARTNERSHIPS 6661. Purpose; definitions. 6662. Grants for mathematics and science partnerships. 6663. Authorization of appropriations. PART C - INNOVATION FOR TEACHER QUALITY SUBPART 1 - TRANSITIONS TO TEACHING DIVISION A - TROOPS-TO-TEACHERS PROGRAM 6671. Definitions. 6672. Authorization of Troops-to-Teachers Program. 6673. Recruitment and selection of program participants. 6674. Participation agreement and financial assistance. 6675. Participation by States. 6676. Support of innovative preretirement teacher certification programs. 6677. Reporting requirements. DIVISION B - TRANSITION TO TEACHING PROGRAM 6681. Purposes. 6682. Definitions. 6683. Grant program. 6684. Evaluation and accountability for recruiting and retaining teachers. DIVISION C - GENERAL PROVISIONS 6691. Authorization of appropriations. SUBPART 2 - NATIONAL WRITING PROJECT 6701. Purposes. 6702. National Writing Project. SUBPART 3 - CIVIC EDUCATION 6711. Short title. 6712. Purpose. 6713. General authority. 6714. We the People program. 6715. Cooperative civic education and economic education exchange programs. 6716. Authorization of appropriations. SUBPART 4 - TEACHING OF TRADITIONAL AMERICAN HISTORY 6721. Establishment of program. 6722. Authorization of appropriations. SUBPART 5 - TEACHER LIABILITY PROTECTION 6731. Short title. 6732. Purpose. 6733. Definitions. 6734. Applicability. 6735. Preemption and election of State nonapplicability. 6736. Limitation on liability for teachers. 6737. Allocation of responsibility for noneconomic loss. 6738. Effective date. PART D - ENHANCING EDUCATION THROUGH TECHNOLOGY 6751. Short title. 6752. Purposes and goals. 6753. Definitions. 6754. Authorization of appropriations. SUBPART 1 - STATE AND LOCAL TECHNOLOGY GRANTS 6761. Allotment and reallotment. 6762. Use of allotment by State. 6763. State applications. 6764. Local applications. 6765. State activities. 6766. Local activities. SUBPART 2 - NATIONAL TECHNOLOGY ACTIVITIES 6771. National activities. 6772. National education technology plan. SUBPART 3 - READY-TO-LEARN TELEVISION 6775. Ready-to-Learn Television. SUBPART 4 - LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS 6777. Internet safety. SUBCHAPTER III - LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS 6801. Authorizations of appropriations; condition on effectiveness of parts. PART A - ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT 6811. Short title. 6812. Purposes. SUBPART 1 - GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT 6821. Formula grants to States. 6822. Native American and Alaska Native children in school. 6823. State and specially qualified agency plans. 6824. Within-State allocations. 6825. Subgrants to eligible entities. 6826. Local plans. SUBPART 2 - ACCOUNTABILITY AND ADMINISTRATION 6841. Evaluations. 6842. Achievement objectives and accountability. 6843. Reporting requirements. 6844. Coordination with related programs. 6845. Rules of construction. 6846. Legal authority under State law. 6847. Civil rights. 6848. Programs for Native Americans and Puerto Rico. 6849. Prohibition. SUBPART 3 - NATIONAL ACTIVITIES 6861. National professional development project. SUBPART 4 - DEFINITIONS 6871. Eligible entity. PART B - IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS 6891. Short title. 6892. Purpose. 6893. Native American children in school. 6894. Residents of the territories and freely associated states SUBPART 1 - PROGRAM DEVELOPMENT AND ENHANCEMENT 6911. Financial assistance for language instruction educational programs. 6912. Program enhancement activities. 6913. Comprehensive school and systemwide improvement activities. 6914. Applications. 6915. Capacity building. 6916. Programs for Native Americans and Puerto Rico. 6917. Evaluations. 6918. Construction. SUBPART 2 - RESEARCH, EVALUATION, AND DISSEMINATION 6931. Authority. 6932. Research. 6933. Academic excellence awards. 6934. State grant program. 6935. Instruction materials development. SUBPART 3 - PROFESSIONAL DEVELOPMENT 6951. Professional development grants. SUBPART 4 - EMERGENCY IMMIGRANT EDUCATION PROGRAM 6961. Purpose. 6962. State administrative costs. 6963. Withholding. 6964. State allotments. 6965. State applications. 6966. Administrative provisions. 6967. Uses of funds. 6968. Reports. SUBPART 5 - ADMINISTRATION 6981. Release time. 6982. Notification. 6983. Coordination and reporting requirements. PART C - GENERAL PROVISIONS 7011. Definitions. 7012. Parental notification. 7013. National clearinghouse. 7014. Regulations. SUBCHAPTER IV - 21ST CENTURY SCHOOLS PART A - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 7101. Short title. 7102. Purpose. 7103. Authorization of appropriations. SUBPART 1 - STATE GRANTS 7111. Reservations and allotments. 7112. Reservation of State funds for safe and drug-free schools. 7113. State application. 7114. Local educational agency program. 7115. Authorized activities. 7116. Reporting. 7117. Programs for Native Hawaiians. SUBPART 2 - NATIONAL PROGRAMS 7131. Federal activities. 7132. Impact evaluation. 7133. Hate crime prevention. 7134. Safe and Drug-Free Schools and Communities Advisory Committee. 7135. National Coordinator Program. 7136. Community service grant program. 7137. School Security Technology and Resource Center. 7138. National Center for School and Youth Safety. 7139. Grants to reduce alcohol abuse. 7140. Mentoring programs. SUBPART 3 - GUN POSSESSION 7151. Gun-free requirements. SUBPART 4 - GENERAL PROVISIONS 7161. Definitions. 7162. Message and materials. 7163. Parental consent. 7164. Prohibited uses of funds. 7165. Transfer of school disciplinary records. PART B - 21ST CENTURY COMMUNITY LEARNING CENTERS 7171. Purpose; definitions. 7172. Allotments to States. 7173. State application. 7174. Local competitive grant program. 7175. Local activities. 7176. Authorization of appropriations. PART C - ENVIRONMENTAL TOBACCO SMOKE 7181. Short title. 7182. Definitions. 7183. Nonsmoking policy for children's services. 7184. Preemption. SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS PART A - INNOVATIVE PROGRAMS 7201. Purposes, State and local responsibility. SUBPART 1 - STATE AND LOCAL PROGRAMS 7211. Allotment to States. 7211a. Allocation to local educational agencies. SUBPART 2 - STATE PROGRAMS 7213. State uses of funds. 7213a. State applications. SUBPART 3 - LOCAL INNOVATIVE EDUCATION PROGRAMS 7215. Local uses of funds. 7215a. Administrative authority. 7215b. Local applications. SUBPART 4 - GENERAL PROVISIONS 7217. Maintenance of effort. 7217a. Participation of children enrolled in private schools. 7217b. Federal administration. 7217c. Supplement, not supplant. 7217d. Definitions. 7217e. Authorization of appropriations. PART B - PUBLIC CHARTER SCHOOLS SUBPART 1 - CHARTER SCHOOL PROGRAMS 7221. Purpose. 7221a. Program authorized. 7221b. Applications. 7221c. Administration. 7221d. National activities. 7221e. Federal formula allocation during first year and for successive enrollment expansions. 7221f. Solicitation of input from charter school operators. 7221g. Records transfer. 7221h. Paperwork reduction. 7221i. Definitions. 7221j. Authorization of appropriations. SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION 7223. Purpose. 7223a. Grants to eligible entities. 7223b. Applications. 7223c. Charter school objectives. 7223d. Reserve account. 7223e. Limitation on administrative costs. 7223f. Audits and reports. 7223g. No full faith and credit for grantee obligations. 7223h. Recovery of funds. 7223i. Definitions. 7223j. Authorization of appropriations. SUBPART 3 - VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS 7225. Grants. 7225a. Uses of funds. 7225b. Applications. 7225c. Priorities. 7225d. Requirements and voluntary participation. 7225e. Evaluations. 7225f. Definitions. 7225g. Authorization of appropriations. PART C - MAGNET SCHOOLS ASSISTANCE 7231. Findings and purpose. 7231a. Definition. 7231b. Program authorized. 7231c. Eligibility. 7231d. Applications and requirements. 7231e. Priority. 7231f. Use of funds. 7231g. Prohibition. 7231h. Limitations. 7231i. Evaluations. 7231j. Authorization of appropriations; reservation. PART D - FUND FOR THE IMPROVEMENT OF EDUCATION 7241. Authorization of appropriations. SUBPART 1 - FUND FOR THE IMPROVEMENT OF EDUCATION 7243. Programs authorized. 7243a. Applications. 7243b. Program requirements. 7243c. Studies of national significance. SUBPART 2 - ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS 7245. Elementary and secondary school counseling programs. SUBPART 3 - PARTNERSHIPS IN CHARACTER EDUCATION 7247. Partnerships in character education program. SUBPART 4 - SMALLER LEARNING COMMUNITIES 7249. Smaller learning communities. SUBPART 5 - READING IS FUNDAMENTAL - INEXPENSIVE BOOK DISTRIBUTION PROGRAM 7251. Inexpensive book distribution program for reading motivation. SUBPART 6 - GIFTED AND TALENTED STUDENTS 7253. Short title. 7253a. Purpose. 7253b. Rule of construction. 7253c. Authorized programs. 7253d. Program priorities. 7253e. General provisions. SUBPART 7 - STAR SCHOOLS PROGRAM 7255. Short title. 7255a. Purposes. 7255b. Grant program authorized. 7255c. Applications. 7255d. Other grant assistance. 7255e. Administrative provisions. 7255f. Definitions. SUBPART 8 - READY TO TEACH 7257. Grants. 7257a. Application required. 7257b. Reports and evaluation. 7257c. Digital educational programming grants. 7257d. Administrative costs. SUBPART 9 - FOREIGN LANGUAGE ASSISTANCE PROGRAM 7259. Short title. 7259a. Program authorized. 7259b. Applications. 7259c. Elementary school foreign language incentive program. SUBPART 10 - PHYSICAL EDUCATION 7261. Short title. 7261a. Purpose. 7261b. Program authorized. 7261c. Applications. 7261d. Requirements. 7261e. Administrative provisions. 7261f. Supplement, not supplant. SUBPART 11 - COMMUNITY TECHNOLOGY CENTERS 7263. Purpose and program authorization. 7263a. Eligibility and application requirements. 7263b. 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 7265. Short title. 7265a. Findings and purposes. 7265b. Program authorization. 7265c. Administrative provisions. 7265d. Availability of funds. 7265e. Definitions. SUBPART 13 - EXCELLENCE IN ECONOMIC EDUCATION 7267. Short title. 7267a. Purpose and goals. 7267b. Grant program authorized. 7267c. Applications. 7267d. Requirements. 7267e. Administrative provisions. 7267f. Supplement, not supplant. SUBPART 14 - GRANTS TO IMPROVE THE MENTAL HEALTH OF CHILDREN 7269. Grants for the integration of schools and mental health systems. 7269a. Promotion of school readiness through early childhood emotional and social development. SUBPART 15 - ARTS IN EDUCATION 7271. Assistance for arts education. SUBPART 16 - PARENTAL ASSISTANCE AND LOCAL FAMILY INFORMATION CENTERS 7273. Purposes. 7273a. Grants authorized. 7273b. Applications. 7273c. Uses of funds. 7273d. Administrative provisions. 7273e. Local family information centers. SUBPART 17 - COMBATTING DOMESTIC VIOLENCE 7275. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children. SUBPART 18 - HEALTHY, HIGH-PERFORMANCE SCHOOLS 7277. Grant program authorized. 7277a. State uses of funds. 7277b. Local uses of funds. 7277c. Report to Congress. 7277d. Limitations. 7277e. Healthy, high-performance school building defined. SUBPART 19 - GRANTS FOR CAPITAL EXPENSES OF PROVIDING EQUITABLE SERVICES FOR PRIVATE SCHOOL STUDENTS 7279. Grant program authorized. 7279a. Uses of funds. 7279b. Allotments to States. 7279c. Subgrants to local educational agencies. 7279d. Capital expenses defined. 7279e. Termination. SUBPART 20 - ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION 7281. Reservation. 7281a. Eligibility. 7281b. Maximum amount. SUBPART 21 - WOMEN'S EDUCATIONAL EQUITY ACT 7283. Short title and findings. 7283a. Statement of purpose. 7283b. Programs authorized. 7283c. Applications. 7283d. Criteria and priorities. 7283e. Report. 7283f. Administration. 7283g. Amount. SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY PART A - IMPROVING ACADEMIC ACHIEVEMENT SUBPART 1 - ACCOUNTABILITY 7301. Grants for State assessments and related activities. 7301a. Grants for enhanced assessment instruments. 7301b. Funding. SUBPART 2 - FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES 7305. Short title. 7305a. Purpose. 7305b. Transferability of funds. SUBPART 3 - STATE AND LOCAL FLEXIBILITY DEMONSTRATION 7311. Short title. 7311a. Purpose. 7311b. General provision. DIVISION A - STATE FLEXIBILITY AUTHORITY 7315. State flexibility. 7315a. Consolidation and use of funds. 7315b. Performance review and penalties. 7315c. Renewal of grant of flexibility authority. DIVISION B - LOCAL FLEXIBILITY DEMONSTRATION 7321. Local flexibility demonstration agreements. 7321a. Consolidation and use of funds. 7321b. Limitations on administrative expenditures. 7321c. Performance review and penalties. 7321d. Renewal of local flexibility demonstration agreement. 7321e. Reports. SUBPART 4 - STATE ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS 7325. Accountability for adequate yearly progress. 7325a. Peer review. 7325b. Technical assistance. 7325c. Report to Congress. PART B - RURAL EDUCATION INITIATIVE 7341. Short title. 7341a. Purpose. SUBPART 1 - SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM 7345. Use of applicable funding. 7345a. Grant program authorized. 7345b. Accountability. SUBPART 2 - RURAL AND LOW-INCOME SCHOOL PROGRAM 7351. Program authorized. 7351a. Uses of funds. 7351b. Applications. 7351c. Accountability. SUBPART 3 - GENERAL PROVISIONS 7355. Annual average daily attendance determination. 7355a. Supplement, not supplant. 7355b. Rule of construction. 7355c. Authorization of appropriations. PART C - GENERAL PROVISIONS 7371. Prohibition against Federal mandates, direction, or control. 7372. Rule of construction on equalized spending. SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION PART A - INDIAN EDUCATION 7401. Statement of policy. 7402. Purpose. SUBPART 1 - FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES 7421. Purpose. 7422. Grants to local educational agencies and tribes. 7423. Amount of grants. 7424. Applications. 7425. Authorized services and activities. 7426. Integration of services authorized. 7427. Student eligibility forms. 7428. Payments. 7429. State educational agency review. SUBPART 2 - SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 7441. Improvement of educational opportunities for Indian children. 7442. Professional development for teachers and education professionals. SUBPART 3 - NATIONAL ACTIVITIES 7451. National research activities. 7452. In-service training for teachers of Indian children. 7453. Fellowships for Indian students. 7454. Gifted and talented Indian students. 7455. Grants to tribes for education administrative planning and development. 7456. Improvement of educational opportunities for adult Indians. SUBPART 4 - FEDERAL ADMINISTRATION 7471. National Advisory Council on Indian Education. 7472. Peer review. 7473. Preference for Indian applicants. 7474. Minimum grant criteria. SUBPART 5 - DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS 7491. Definitions. 7492. Authorizations of appropriations. PART B - NATIVE HAWAIIAN EDUCATION 7511. Short title. 7512. Findings. 7513. Purposes. 7514. Native Hawaiian Education Council and island councils. 7515. Program authorized. 7516. Administrative provisions. 7517. Definitions. PART C - ALASKA NATIVE EDUCATION 7541. Short title. 7542. Findings. 7543. Purposes. 7544. Program authorized. 7545. Administrative provisions. 7546. Definitions. SUBCHAPTER VIII - IMPACT AID 7701. Purpose. 7702. Payments relating to Federal acquisition of real property. 7703. Payments for eligible federally connected children. 7703a. Impact aid for children with severe disabilities. 7703b. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 7704. Policies and procedures relating to children residing on Indian lands. 7705. Application for payments under sections 7702 and 7703 of this title. 7706. Repealed. 7707. Construction. 7708. Facilities. 7709. State consideration of payments in providing State aid. 7710. Federal administration. 7711. Administrative hearings and judicial review. 7712. Forgiveness of overpayments. 7713. Definitions. 7713a. School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments. 7714. Authorization of appropriations. SUBCHAPTER IX - GENERAL PROVISIONS PART A - DEFINITIONS 7801. Definitions. 7802. Applicability of subchapter. 7803. Applicability to Bureau of Indian Affairs operated schools. PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS 7821. Consolidation of State administrative funds for elementary and secondary education programs. 7822. Single local educational agency States. 7823. Consolidation of funds for local administration. 7824. Consolidated set-aside for Department of the Interior funds. PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS 7841. Purposes. 7842. Optional consolidated State plans or applications. 7843. Consolidated reporting. 7844. General applicability of State educational agency assurances. 7845. Consolidated local plans or applications. 7846. Other general assurances. PART D - WAIVERS 7861. Waivers of statutory and regulatory requirements. PART E - UNIFORM PROVISIONS SUBPART 1 - PRIVATE SCHOOLS 7881. Participation by private school children and teachers. 7882. Standards for by-pass. 7883. Complaint process for participation of private school children. 7884. By-pass determination process. 7885. Prohibition against funds for religious worship or instruction. 7886. Private, religious, and home schools. SUBPART 2 - OTHER PROVISIONS 7901. Maintenance of effort. 7902. Prohibition regarding State aid. 7903. Privacy of assessment results. 7904. School prayer. 7905. Equal access to public school facilities. 7906. General prohibitions. 7907. Prohibitions on Federal Government and use of Federal funds. 7908. Armed Forces recruiter access to students and student recruiting information. 7909. Prohibition on federally sponsored testing. 7910. Limitations on national testing or certification for teachers. 7911. Prohibition on nationwide database. 7912. Unsafe school choice option. 7913. Prohibition on discrimination. 7914. Civil rights. 7915. Rulemaking. 7916. Severability. PART F - EVALUATIONS 7941. Evaluations. SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE PART A - FUND FOR THE IMPROVEMENT OF EDUCATION 8001 to 8007. Repealed. PART B - GIFTED AND TALENTED CHILDREN 8031 to 8037. Repealed. PART C - PUBLIC CHARTER SCHOOLS SUBPART 1 - BASIC CHARTER SCHOOL GRANT PROGRAM 8061 to 8067. Repealed. SUBPART 2 - CREDIT ENHANCEMENT INITIATIVES TO ASSIST CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION 8071 to 8071j. Repealed. PART D - ARTS IN EDUCATION SUBPART 1 - ARTS EDUCATION 8091. Repealed. SUBPART 2 - CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH 8101 to 8105. Repealed. PART E - INEXPENSIVE BOOK DISTRIBUTION PROGRAM 8131. Repealed. PART F - CIVIC EDUCATION 8141 to 8143. Repealed. PART G - ALLEN J. ELLENDER FELLOWSHIP PROGRAM 8161. Repealed. SUBPART 1 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS 8171, 8172. Repealed. SUBPART 2 - PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS 8181, 8182. Repealed. SUBPART 3 - PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT PARENTS AND OLDER AMERICANS 8191, 8192. Repealed. SUBPART 4 - GENERAL PROVISIONS 8201, 8202. Repealed. PART H - DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM 8221 to 8224. Repealed. PART I - 21ST CENTURY COMMUNITY LEARNING CENTERS 8241 to 8247. Repealed. PART J - URBAN AND RURAL EDUCATION ASSISTANCE 8271, 8272. Repealed. SUBPART 1 - URBAN EDUCATION DEMONSTRATION GRANTS 8281 to 8284. Repealed. SUBPART 2 - RURAL EDUCATION INITIATIVE 8291 to 8297. Repealed. SUBPART 3 - WHITE HOUSE CONFERENCES 8311, 8312. Repealed. PART K - NATIONAL WRITING PROJECT 8331, 8332. Repealed. PART L - PHYSICAL EDUCATION FOR PROGRESS 8351 to 8361. Repealed. PART M - TERRITORIAL ASSISTANCE 8371. Repealed. SUBCHAPTER XI - COORDINATED SERVICES 8401 to 8407. Repealed. SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT 8501 to 8513. Repealed. SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION 8601, 8602. Repealed. PART A - COMPREHENSIVE REGIONAL ASSISTANCE CENTERS 8621 to 8625. Transferred. PART B - NATIONAL DIFFUSION NETWORK 8651, 8652. Transferred. PART C - EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA 8671 to 8678. Transferred. PART D - TECHNOLOGY-BASED TECHNICAL ASSISTANCE 8701. Transferred. SUBCHAPTER XIV - GENERAL PROVISIONS PART A - DEFINITIONS 8801 to 8803. Repealed. PART B - FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS 8821 to 8826. Repealed. PART C - COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS 8851 to 8857. Repealed. PART D - WAIVERS 8881. Repealed. PART E - UNIFORM PROVISIONS 8891 to 8904. Repealed. PART F - GUN POSSESSION 8921 to 8923. Repealed. PART G - EVALUATIONS 8941. Repealed. PART H - SENSE OF CONGRESS 8961, 8962. Repealed. -COD- CODIFICATION The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, and amended by Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90- 576, title III, Sec. 307, Oct. 16, 1968, 82 Stat. 1097; Pub. L. 91- 230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94-193, Sec. 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94-273, Secs. 2(12), 3(8), 49(a)-(c), Apr. 21, 1976, 90 Stat. 375, 376, 382; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Aug. 24, 1977, 91 Stat. 911, and was classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, and amended by Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96- 88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96-470, Oct. 19, 1980, 94 Stat. 2237; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98-211, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-159, Nov. 22, 1985, 99 Stat. 887, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 130, and amended by Pub. L. 100-569, Oct. 31, 1988, 102 Stat. 2862; Pub. L. 100-570, Oct. 31, 1988, 102 Stat. 2865; Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4181; Pub. L. 101-226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 101-250, Mar. 6, 1990, 104 Stat. 96; Pub. L. 101-476, Oct. 30, 1990, 104 Stat. 1103; Pub. L. 101-589, Nov. 16, 1990, 104 Stat. 2881; Pub. L. 101-600, Nov. 16, 1990, 104 Stat. 3042; Pub. L. 101-647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102-62, June 27, 1991, 105 Stat. 305; Pub. L. 102-73, July 25, 1991, 105 Stat. 333; Pub. L. 102-103, Aug. 17, 1991, 105 Stat. 497; Pub. L. 102-325, July 23, 1992, 106 Stat. 448; Pub. L. 102-359, Aug. 26, 1992, 106 Stat. 962; Pub. L. 102-545, Oct. 27, 1992, 106 Stat. 3586; Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103-252, May 18, 1994, 108 Stat. 623, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 103-382, Oct. 20, 1994, 108 Stat. 3518, and amended by Pub. L. 104-5, Mar. 23, 1995, 109 Stat. 72; Pub. L. 104- 106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 104-134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104-140, May 2, 1996, 110 Stat. 1327; Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2105; Pub. L. 104-195, Sept. 16, 1996, 110 Stat. 2379; Pub. L. 104-201, Sept. 23, 1996, 110 Stat. 2422; Pub. L. 104-208, Sept. 30, 1996, 110 Stat. 3009; Pub. L. 105-18, June 12, 1997, 111 Stat. 158; Pub. L. 105-78, Nov. 13, 1997, 111 Stat. 1467; Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936; Pub. L. 105-244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105-278, Oct. 22, 1998, 112 Stat. 2682; Pub. L. 105-332, Oct. 31, 1998, 112 Stat. 3076; Pub. L. 106-78, Oct. 22, 1999, 113 Stat. 1135; Pub. L. 106-113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106-398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106-400, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106- 554, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107-20, July 24, 2001, 115 Stat. 155, and is classified to section 6301 et seq. of this title. Titles I to VII and IX of the Act are shown, herein, however, as having been added by Pub. L. 107-110 without reference to such intervening amendments because of the extensive amendments, renumbering, and reorganization of these provisions by Pub. L. 107- 110. -End- -CITE- 20 USC SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -HEAD- SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -COD- CODIFICATION Title I of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently revised, restated, and amended by other public laws. Title I is shown, herein, as having been added by Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1439, without reference to earlier amendments because of the extensive revision of the title's provisions by Pub. L. 107-110. See Codification note preceding this chapter. -End- -CITE- 20 USC Sec. 6301 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -HEAD- Sec. 6301. Statement of purpose -STATUTE- The purpose of this subchapter is to ensure that all children have a fair, equal, and significant opportunity to obtain a high- quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state (!1) 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, parents, and administrators can measure progress against common expectations for student academic achievement; (2) meeting the educational needs of low-achieving children in our Nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance; (3) closing the achievement gap between high- and low- performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; (4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; (5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; (6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; (7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; (8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time; (9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content; (10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; (11) coordinating services under all parts of this subchapter with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and (12) affording parents substantial and meaningful opportunities to participate in the education of their children. -SOURCE- (Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1439.) -MISC1- PRIOR PROVISIONS A prior section 6301, Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519, declared policy and stated purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 107-110. A prior section 1001 of Pub. L. 89-10 was classified to section 2701 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. Another prior section 1001 of Pub. L. 89-10 was renumbered section 9001 and was classified to section 3381 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. EFFECTIVE DATE Pub. L. 107-110, Sec. 5, Jan. 8, 2002, 115 Stat. 1427, provided that: "(a) In General. - Except as otherwise provided in this Act [see Tables for classification], this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act [Jan. 8, 2002]. "(b) Noncompetitive Programs. - With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2002. "(c) Competitive Programs. - With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2002. "(d) Impact Aid. - With respect to title VIII (Impact Aid) [probably means title VIII of Pub. L. 89-10, 20 U.S.C. 7701 et seq.], this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2002." SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-110, Sec. 1, Jan. 8, 2002, 115 Stat. 1425, provided that: "This title [probably means Pub. L. 107-110, see Tables for classification] may be cited as the 'No Child Left Behind Act of 2001'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1601], Dec. 21, 2000, 114 Stat. 2763, 2763A-328, provided that: "This title [amending sections 6302, 6311, 6361 to 6368, 6369b, 6394, 6661a, 6661i, and 8801 of this title and sections 2023 and 2026 of Title 25, Indians, and enacting provisions set out as a note under section 6361 of this title] may be cited as the 'Literacy Involves Families Together Act'." Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1701], Dec. 21, 2000, 114 Stat. 2763, 2763A-335, provided that: "This title [enacting part F of subchapter III of this chapter, amending section 9134 of this title and section 254 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and enacting provisions set out as notes under sections 7001 and 9134 of this title and sections 254, 609, and 902 of Title 47] may be cited as the 'Children's Internet Protection Act'." Pub. L. 106-398, Sec. 1 [[div. A], title XVIII, Sec. 1801], Oct. 30, 2000, 114 Stat. 1654, 1654A-368, provided that: "This title [amending sections 1228, 7701 to 7703, 7705, 7707, 7709 to 7713, and 7714 of this title, repealing section 7706 of this title, and enacting provisions set out as notes under sections 7701, 7703, and 7711 of this title] may be cited as the 'Impact Aid Reauthorization Act of 2000'." SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105-278, Sec. 1, Oct. 22, 1998, 112 Stat. 2682, provided that: "This Act [enacting sections 8065a to 8065d of this title and amending sections 7331, 7351, 8061 to 8065, 8066, 8067, and 8801 of this title] may be cited as the 'Charter School Expansion Act of 1998'." Pub. L. 105-277, div. D, title I, Sec. 121, Oct. 21, 1998, 112 Stat. 2681-756, provided that: "This subtitle [subtitle C (Secs. 121, 122) of title I of Pub. L. 105-277, enacting section 7144 of this title] may be cited as the 'Drug-Free Schools Quality Assurance Act'." SHORT TITLE OF 1994 AMENDMENTS Section 1 of Pub. L. 103-382 provided that: "This Act [see Tables for classification] may be cited as the 'Improving America's Schools Act of 1994'." Pub. L. 103-227, title X, Sec. 1031, Mar. 31, 1994, 108 Stat. 270, provided that: "This part [part B (Secs. 1031, 1032) of title X of Pub. L. 103-227, enacting section 3351 of this title and amending sections 3381 to 3384 and 3386 of this title] may be cited as the 'Gun-Free Schools Act of 1994'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-545, Sec. 1, Oct. 27, 1992, 106 Stat. 3586, provided that: "This Act [see Tables for classification] may be cited as the 'Ready to Learn Act'." SHORT TITLE OF 1991 AMENDMENT Pub. L. 102-103, title I, Sec. 101, Aug. 17, 1991, 105 Stat. 497, provided that: "This title [see Tables for classification] may be cited as the 'National Dropout Prevention Act of 1991'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-600, Sec. 1, Nov. 16, 1990, 104 Stat. 3042, provided that: "This Act [see Tables for classification] may be cited as the 'School Dropout Prevention and Basic Skills Improvement Act of 1990'." SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-226, Sec. 1, Dec. 12, 1989, 103 Stat. 1928, provided that: "This Act [see Tables for classification] may be cited as the 'Drug-Free Schools and Communities Act Amendments of 1989'." SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-569, title II, Sec. 201, Oct. 31, 1988, 102 Stat. 2862, provided that: "This title [see Tables for classification] may be cited as the 'National Geography Studies Centers Act'." Pub. L. 100-297, Sec. 1(a), Apr. 28, 1988, 102 Stat. 130, provided that: "This Act [see Tables for classification] may be cited as the 'Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-511, Sec. 1, Oct. 19, 1984, 98 Stat. 2366, provided that: "This Act [see Tables for classification] may be cited as the 'Education Amendments of 1984'." Pub. L. 98-511, title IV, Sec. 401(a), Oct. 19, 1984, 98 Stat. 2389, provided that: "This title [see Tables for classification] may be cited as the 'Women's Educational Equity Amendments of 1984'." SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-561, Sec. 1, Nov. 1, 1978, 92 Stat. 2143, provided: "That this Act [see Tables for classification] may be cited as the 'Education Amendments of 1978'." SHORT TITLE OF 1977 AMENDMENT Pub. L. 95-112, Sec. 1, Sept. 24, 1977, 91 Stat. 911, provided: "That this Act [see Tables for classification] may be cited as the 'Education Amendments of 1977'." SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-380, Sec. 1, Aug. 21, 1974, 88 Stat. 484, provided: "That this Act [see Tables for classification] may be cited as the 'Education Amendments of 1974'." SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121 [see Tables for classification], is popularly known as the "Elementary and Secondary Education Amendments of 1970". SHORT TITLE OF 1968 AMENDMENT Pub. L. 90-247, Sec. 1, Jan. 2, 1968, 81 Stat. 783, provided that: "This Act [see Tables for classification] may be cited as the 'Elementary and Secondary Education Amendments of 1967'." SHORT TITLE OF 1966 AMENDMENT Pub. L. 89-750, Sec. 1, Nov. 3, 1966, 80 Stat. 1191, provided: "That this Act [see Tables for classification] may be cited as the 'Elementary and Secondary Education Amendments of 1966'." SHORT TITLE Section 1 of Pub. L. 89-10, as added by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519, as amended by Pub. L. 107- 110, Sec. 6(1), Jan. 8, 2002, 115 Stat. 1427, provided that: "This Act [enacting this chapter] may be cited as the 'Elementary and Secondary Education Act of 1965'." Pub. L. 89-10, title X, Sec. 10971, as added by Pub. L. 106-554, Sec. 1(a)(1) [title IX, Sec. 901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89, which provided that subpart 2 (Secs. 10971-10978) of part J of title X of Pub. L. 89-10, enacting subpart 2 of part J of former subchapter X of this chapter, could be cited as the "Rural Education Achievement Program", was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986. Pub. L. 89-10, title X, Sec. 10999A, as added by Pub. L. 106-554, Sec. 1(a)(1) [title VII, Sec. 701], Dec. 21, 2000, 114 Stat. 2763, 2763A-76, which provided that part L (Secs. 10999A-10999L) of title X of Pub. L. 89-10, enacting part L of former subchapter X of this chapter, could be cited as the "Physical Education for Progress Act", was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A), Jan. 8, 2002, 115 Stat. 1986. CONTINUATION OF AWARDS Pub. L. 107-110, title II, Sec. 202, Jan. 8, 2002, 115 Stat. 1688, provided that: "Notwithstanding any other provision of this Act [see Tables for classification] or the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], in the case of - "(1) a person or entity that, prior to the date of enactment of this Act [Jan. 8, 2002], was awarded funds appropriated under the Department of Education Appropriations Act, 2001 [Pub. L. 106- 554, Sec. 1(a)(1) [title III], see Tables for classification] for new teacher recruitment initiatives; or "(2) a person or agency that, prior to the date of enactment of this Act [Jan. 8, 2002], was awarded a grant or contract under part K of title X of the Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C. 8331 et seq.), the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the award period terminates." Pub. L. 107-110, title V, Sec. 502, Jan. 8, 2002, 115 Stat. 1873, provided that: "(a) In General. - Notwithstanding any other provision of this Act [see Tables for classification] or the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of any agency or consortium that was awarded a grant under section 5111 of the Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C. 7211) or any person or agency that was awarded a contract or grant under part B, D, or E of title X of the Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.), prior to the date of enactment of this Act [Jan. 8, 2002], the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the award period terminates under such terms. "(b) Special Rule. - Notwithstanding any other provision of this Act, any person or agency that was awarded or entered into a grant, contract, or cooperative agreement under part B of title V of the Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C. 7231 et seq.), prior to the date of enactment of this Act [Jan. 8, 2002] shall continue to receive funds in accordance with the terms of such grant, contract, or agreement until the date on which the grant, contract, or agreement period terminates under such terms." Pub. L. 107-110, title X, Sec. 1052, Jan. 8, 2002, 115 Stat. 2083, provided that: "Notwithstanding any other provision of this Act [see Tables for classification] or the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of a person or entity that was awarded a grant, relating to preparing tomorrow's teachers to use technology, that was made pursuant to section 3122 of the Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C. 6832) prior to the date of enactment of this Act [Jan. 8, 2002], the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the award period terminates." TRANSITION PROVISIONS Pub. L. 107-110, Sec. 4, Jan. 8, 2002, 115 Stat. 1426, provided that: "(a) Multi-Year Awards. - Except as otherwise provided in this Act [see Tables for classification], the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965 [Pub. L. 89-10, 20 U.S.C. 6301 et seq., prior to general amendment by Pub. L. 107-110], as that Act was in effect prior to the date of enactment of this Act [Jan. 8, 2002], shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2002. "(b) Planning and Transition. - Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. "(c) Orderly Transition. - The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act." Pub. L. 103-382, Sec. 3(b), Oct. 20, 1994, 108 Stat. 3519, provided that: "Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965 [Pub. L. 89-10, formerly chapter 47 (Sec. 2701 et seq.) of this title, prior to general amendment by Pub. L. 103-382, Sec. 101], as such Act was in effect on the day preceding the date of enactment of this Act [Oct. 20, 1994], may use funds available to such recipient under such predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure a smooth implementation of programs authorized by this Act [see Tables for classification]." BUDGET COMPLIANCE Pub. L. 103-382, title V, Sec. 561, Oct. 20, 1994, 108 Stat. 4058, provided that: "Any authority or requirement to make funds available under this Act [see Tables for classification] shall be effective only to the extent provided in appropriations Acts." Pub. L. 100-297, title VI, Sec. 6302, Apr. 28, 1988, 102 Stat. 431, provided that: "Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) which is provided under this Act [see Tables for classification] shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts." -EXEC- EX. ORD. NO. 13153. ACTIONS TO IMPROVE LOW-PERFORMING SCHOOLS Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Elementary and Secondary Education Act of 1965 (ESEA) [20 U.S.C. 6301 et seq.], the Department of Education Appropriations Act, 2000 (as contained in Public Law 106-113) [Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title III], Nov. 29, 1999, 113 Stat. 1535, 1501A-242, see Tables for classification], and in order to take actions to improve low-performing schools, it is hereby ordered as follows: Section 1. Policy. Since 1993, this Administration has sought to raise standards for students and to increase accountability in public education while investing more resources in elementary and secondary schools. While much has been accomplished - there has been progress in math and reading achievement, particularly for low- achieving students and students in our highest poverty schools - much more can be done, especially for low-performing schools. Sec. 2. Technical Assistance and Capacity Building. (a) The Secretary of Education ("Secretary") shall work with State and local educational agencies ("LEAs") to develop and implement a comprehensive strategy for providing technical assistance and other assistance to States and LEAs to strengthen their capacity to improve the performance of schools identified as low performing. This comprehensive strategy shall include a number of steps, such as: (1) providing States, school districts, and schools receiving funds from the school improvement fund established by Public Law 106-113, as well as other districts and schools identified for school improvement or corrective action under Title I of the ESEA [20 U.S.C. 6301 et seq.], with access to the latest research and information on best practices, including research on instruction and educator professional development, and with the opportunity to learn from exemplary schools and exemplary State and local intervention strategies and from each other, in order to improve achievement for all students in the low-performing schools; (2) determining effective ways of providing low-performing schools with access to resources from other Department of Education programs, such as funds from the Comprehensive School Reform Demonstration Program, the Reading Excellence Act [Pub. L. 105-277, div. A, Sec. 101(f) [title VIII], Oct. 21, 1998, 112 Stat. 2681-337, 2681-391, see Tables for classification], the Eisenhower Professional Development Program, the Class Size Reduction Program, and the 21st Century Community Learning Centers Program, and to make effective use of these funds and Title I funds; (3) providing States and LEAs with information on effective strategies to improve the quality of the teaching force, including strategies for recruiting and retaining highly qualified teachers in high-poverty schools, and implementing research-based professional development programs aligned with challenging standards; (4) helping States and school districts build partnerships with technical assistance providers, including, but not limited to, federally funded laboratories and centers, foundations, businesses, community-based organizations, institutions of higher education, reform model providers, and other organizations that can help local schools improve; (5) identifying previously low-performing schools that have made significant achievement gains, and States and school districts that have been effective in improving the achievement of all students in low-performing schools, which can serve as models and resources; (6) providing assistance and information on how to effectively involve parents in the school-improvement process, including effectively involving and informing parents at the beginning of the school year about improvement goals for their school as well as the goals for their own children, and reporting on progress made in achieving these goals; (7) providing States and LEAs with information on effective approaches to school accountability, including the effectiveness of such strategies as school reconstitution, peer review teams, and financial rewards and incentives; (8) providing LEAs with information and assistance on the design and implementation of approaches to choice among public schools that create incentives for improvement throughout the local educational agency, especially in the lowest-performing schools, and that maximize the opportunity of students in low- performing schools to attend a higher-performing public school; (9) exploring the use of well-trained tutors to raise student achievement through initiatives such as "America Reads," "America Counts," and other work-study opportunities to help low- performing schools; (10) using a full range of strategies for disseminating information about effective practices, including interactive electronic communications; (11) working with the Department of Interior, Bureau of Indian Affairs (BIA), to provide technical assistance to BIA-funded low- performing schools; and (12) taking other steps that can help improve the quality of teaching and instruction in low-performing schools. (b) The Secretary shall, to the extent permitted by law, take whatever steps the Secretary finds necessary and appropriate to redirect the resources and technical assistance capability of the Department of Education ("Department") to assist States and localities in improving low-performing schools, and to ensure that the dissemination of research to help turn around low-performing schools is a priority of the Department. Sec. 3. School Improvement Report. To monitor the progress of LEAs and schools in turning around failing schools, including those receiving grants from the School Improvement Fund, the Secretary shall prepare an annual School Improvement Report, to be published in September of each year, beginning in 2000. The report shall: (a) describe trends in the numbers of LEAs and schools identified as needing improvement and subsequent changes in the academic performance of their students; (b) identify best practices and significant research findings that can be used to help turn around low-performing LEAs and schools; and (c) document ongoing efforts as a result of this order and other Federal efforts to assist States and local school districts in intervening in low-performing schools, including improving teacher quality. This report shall be publicly accessible. Sec. 4. Compliance Monitoring System. Consistent with the implementation of the School Improvement Fund, the Secretary shall strengthen the Department's monitoring of ESEA requirements for identifying and turning around low-performing schools, as well as any new requirements established for the School Improvement Fund by Public Law 106-113. The Secretary shall give priority to provisions that have the greatest bearing on identifying and turning around low-performing schools, including sections 1116 and 1117 of the ESEA [20 U.S.C. 6316, 6317], and to developing an ongoing, focused, and systematic process for monitoring these provisions. This improved compliance monitoring shall be designed to: (a) ensure that States and LEAs comply with ESEA requirements; (b) assist States and LEAs in implementing effective procedures and strategies that reflect the best research available, as well as the experience of successful schools, school districts, and States as they address similar objectives and challenges; and (c) assist States, LEAs, and schools in making the most effective use of available Federal resources. Sec. 5. Consultation. The Secretary shall, where appropriate, consult with executive agencies, State and local education officials, educators, community-based groups, and others in carrying out this Executive order. Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. -CROSS- DEFINITIONS Pub. L. 100-297, title VI, Sec. 6301, Apr. 28, 1988, 102 Stat. 431, provided that: "Except as otherwise provided, for the purpose of this Act [see Tables for classification] the terms used in this Act have the meanings provided under section 1471 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 [formerly 20 U.S.C. 2891]." -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 20 USC Sec. 6302 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -HEAD- Sec. 6302. Authorization of appropriations -STATUTE- (a) Local educational agency grants For the purpose of carrying out part A of this subchapter, there are authorized to be appropriated - (1) $13,500,000,000 for fiscal year 2002; (2) $16,000,000,000 for fiscal year 2003; (3) $18,500,000,000 for fiscal year 2004; (4) $20,500,000,000 for fiscal year 2005; (5) $22,750,000,000 for fiscal year 2006; and (6) $25,000,000,000 for fiscal year 2007. (b) Reading First (1) Reading First For the purpose of carrying out subpart 1 of part B of this subchapter, there are authorized to be appropriated $900,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (2) Early Reading First For the purpose of carrying out subpart 2 of part B of this subchapter, there are authorized to be appropriated $75,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (3) Even Start For the purpose of carrying out subpart 3 of part B of this subchapter, there are authorized to be appropriated $260,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (4) Improving literacy through school libraries For the purpose of carrying out subpart 4 of part B of this subchapter, there are authorized to be appropriated $250,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (c) Education of migratory children For the purpose of carrying out part C of this subchapter, there are authorized to be appropriated $410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D of this subchapter, there are authorized to be appropriated $50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (e) Federal activities (1) Sections 6491 and 6492 For the purpose of carrying out sections 6491 and 6492 of this title, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. (2) Section 6494 (A) In general For the purpose of carrying out section 6494 of this title, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years. (B) Special rule Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1) of this section. (f) Comprehensive school reform For the purpose of carrying out part F of this subchapter, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. (g) Advanced placement For the purposes of carrying out part G of this subchapter, there are authorized to be appropriated such sums for fiscal year 2002 and each 5 succeeding fiscal year. (h) School dropout prevention For the purpose of carrying out part H of this subchapter, there are authorized to be appropriated $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which - (1) up to 10 percent shall be available to carry out subpart 1 of part H of this subchapter for each fiscal year; and (2) the remainder shall be available to carry out subpart 2 of part H of this subchapter for each fiscal year. (i) School improvement For the purpose of carrying out section 6303(g) of this title, there are authorized to be appropriated $500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. -SOURCE- (Pub. L. 89-10, title I, Sec. 1002, as added Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1440.) -MISC1- PRIOR PROVISIONS A prior section 6302, Pub. L. 89-10, title I, Sec. 1002, as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522; amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1602], Dec. 21, 2000, 114 Stat. 2763, 2763A-328, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 107-110. A prior section 1002 of Pub. L. 89-10 was renumbered section 9002 and was classified to section 3382 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. -End- -CITE- 20 USC Sec. 6303 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -HEAD- Sec. 6303. School improvement -STATUTE- (a) State reservations Each State shall reserve 2 percent of the amount the State receives under subpart 2 of part A of this subchapter for fiscal years 2002 and 2003, and 4 percent of the amount received under such subpart for fiscal years 2004 through 2007, to carry out subsection (b) of this section and to carry out the State's responsibilities under sections 6316 and 6317 of this title, including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies. (b) Uses Of the amount reserved under subsection (a) of this section for any fiscal year, the State educational agency - (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified for school improvement, corrective action, and restructuring, for activities under section 6316(b) of this title; or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (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 6316(b)(3)(A)(v) of this title. (d) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) of this section is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with - (1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A of this subchapter; or (2) section 6338(c) of this title. (e) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) of this section in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 (!1) 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) of this section and the percentage of students from each school from families with incomes below the poverty line. (g) Assistance for local school improvement (1) Program authorized The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 6316 of this title. (2) State allotments Such grants shall be allotted among States, the Bureau of Indian Affairs, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Affairs, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this subchapter. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies and schools that were in school improvement status on the date preceding January 8, 2002. (3) Reallocations If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2). (4) State applications Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with school improvement, corrective action, and restructuring requirements of section 6316 of this title. (5) Local educational agency grants A grant to a local educational agency under this subsection shall be - (A) of sufficient size and scope to support the activities required under sections 6316 and 6317 of this title, but not less than $50,000 and not more than $500,000 for each participating school; (B) integrated with other funds awarded by the State under this chapter; and (C) renewable for two additional 1-year periods if schools are meeting the goals in their school improvement plans developed under section 6316 of this title. (6) Priority The State, in awarding such grants, shall give priority to local educational agencies with the lowest-achieving schools that demonstrate - (A) the greatest need for such funds; and (B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest- achieving schools to meet the goals under school and local educational agency improvement, corrective action, and restructuring plans under section 6316 of this title. (7) Allocation A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified for school improvement, corrective action, or restructuring to carry out activities under section 6316(b) of this title, or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (8) Administrative costs A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. (9) Local awards Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest- achieving schools the resources necessary to meet goals under school and local educational agency improvement, corrective action, and restructuring plans under section 6316 of this title. -SOURCE- (Pub. L. 89-10, title I, Sec. 1003, as added Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1442.) -MISC1- PRIOR PROVISIONS A prior section 6303, Pub. L. 89-10, title I, Sec. 1003, as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3522, related to reservation and allocation for school improvement, prior to the general amendment of this subchapter by Pub. L. 107-110. A prior section 1003 of Pub. L. 89-10 was renumbered section 9003 and was classified to section 3383 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. -FOOTNOTE- (!1) So in original. Probably should be "subpart 2 of part A of this subchapter". -End- -CITE- 20 USC Sec. 6304 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED -HEAD- Sec. 6304. State administration -STATUTE- (a) In general Except as provided in subsection (b) of this section, to carry out administrative duties assigned under parts A, C, and D of this subchapter, each State may reserve the greater of - (1) 1 percent of the amounts received under such parts; or (2) $400,000 ($50,000 in the case of each outlying area). (b) Exception If the sum of the amounts appropriated for parts A, C, and D of this subchapter is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) of this section shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the States for parts A, C, and D of this subchapter. -SOURCE- (Pub. L. 89-10, title I, Sec. 1004, as added Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1444.) -MISC1- PRIOR PROVISIONS A prior section 1004 of Pub. L. 89-10 was renumbered section 9004 and was classified to section 3384 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. -End- -CITE- 20 USC Part A - Improving Basic Programs Operated by Local Educational Agencies 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Part A - Improving Basic Programs Operated by Local Educational Agencies -HEAD- PART A - IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES -End- -CITE- 20 USC subpart 1 - basic program requirements 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Part A - Improving Basic Programs Operated by Local Educational Agencies subpart 1 - basic program requirements -HEAD- SUBPART 1 - BASIC PROGRAM REQUIREMENTS -End- -CITE- 20 USC Sec. 6311 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Part A - Improving Basic Programs Operated by Local Educational Agencies subpart 1 - basic program requirements -HEAD- Sec. 6311. State plans -STATUTE- (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this subchapter), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 et seq.], the Head Start Act [42 U.S.C. 9831 et seq.], the Adult Education and Family Literacy Act [20 U.S.C. 9201 et seq.], and the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.]. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 7842 of this title. (b) Academic standards, academic assessments, and accountability (1) Challenging academic standards (A) In general Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such standards to the Secretary. (B) Same standards The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State. (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 January 8, 2002. (2) Accountability (A) In general Each State plan shall demonstrate that the State has developed and is implementing a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph. Each State accountability system shall - (i) be based on the academic standards and academic assessments adopted under paragraphs (1) and (3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account the achievement of all public elementary school and secondary school students; (ii) be the same accountability system the State uses for all public elementary schools and secondary schools or all local educational agencies in the State, except that public elementary schools, secondary schools, and local educational agencies not participating under this part are not subject to the requirements of section 6316 of this title; and (iii) include sanctions and rewards, such as bonuses and recognition, the State will use to hold local educational agencies and public elementary schools and secondary schools accountable for student achievement and for ensuring that they make adequate yearly progress in accordance with the State's definition under subparagraphs (B) and (C). (B) Adequate yearly progress Each State plan shall demonstrate, based on academic assessments described in paragraph (3), and in accordance with this paragraph, what constitutes adequate yearly progress of the State, and of all public elementary schools, secondary schools, and local educational agencies in the State, toward enabling all public elementary school and secondary school students to meet the State's student academic achievement standards, while working toward the goal of narrowing the achievement gaps in the State, local educational agencies, and schools. (C) Definition "Adequate yearly progress" shall be defined by the State in a manner that - (i) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (ii) is statistically valid and reliable; (iii) results in continuous and substantial academic improvement for all students; (iv) measures the progress of public elementary schools, secondary schools and local educational agencies and the State based primarily on the academic assessments described in paragraph (3); (v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following: (I) The achievement of all public elementary school and secondary school students. (II) The achievement of - (aa) economically disadvantaged students; (bb) students from major racial and ethnic groups; (cc) students with disabilities; and (dd) students with limited English proficiency; except that disaggregation of data under subclause (II) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (vi) in accordance with subparagraph (D), includes graduation rates for public secondary school students (defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years) and at least one other academic indicator, as determined by the State for all public elementary school students; and (vii) in accordance with subparagraph (D), at the State's discretion, may also include other academic indicators, as determined by the State for all public school students, measured separately for each group described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance rates, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses. (D) Requirements for other indicators In carrying out subparagraph (C)(vi) and (vii), the State - (i) shall ensure that the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and (ii) except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise be subject to school improvement, corrective action, or restructuring under section 6316 of this title if those additional indicators were not used, but may use them to identify additional schools for school improvement or in need of corrective action or restructuring. (E) Starting point Each State, using data for the 2001-2002 school year, shall establish the starting point for measuring, under subparagraphs (G) and (H), the percentage of students meeting or exceeding the State's proficient level of academic achievement on the State assessments under paragraph (3) and pursuant to the timeline described in subparagraph (F). The starting point shall be, at a minimum, based on the higher of the percentage of students at the proficient level who are in - (i) the State's lowest achieving group of students described in subparagraph (C)(v)(II); or (ii) the school at the 20th percentile in the State, based on enrollment, among all schools ranked by the percentage of students at the proficient level. (F) Timeline Each State shall establish a timeline for adequate yearly progress. The timeline shall ensure that not later than 12 years after the end of the 2001-2002 school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State's proficient level of academic achievement on the State assessments under paragraph (3). (G) Measurable objectives Each State shall establish statewide annual measurable objectives, pursuant to subparagraph (C)(v), for meeting the requirements of this paragraph, and which - (i) shall be set separately for the assessments of mathematics and reading or language arts under subsection (a)(3) of this section; (ii) shall be the same for all schools and local educational agencies in the State; (iii) shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph (C)(v); (iv) shall ensure that all students will meet or exceed the State's proficient level of academic achievement on the State assessments within the State's timeline under subparagraph (F); and (v) may be the same for more than 1 year, subject to the requirements of subparagraph (H). (H) Intermediate goals for annual yearly progress Each State shall establish intermediate goals for meeting the requirements, including the measurable objectives in subparagraph (G), of this paragraph and that shall - (i) increase in equal increments over the period covered by the State's timeline under subparagraph (F); (ii) provide for the first increase to occur in not more than 2 years; and (iii) provide for each following increase to occur in not more than 3 years. (I) Annual improvement for schools Each year, for a school to make adequate yearly progress under this paragraph - (i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set by the State under subparagraph (G), except that if any group described in subparagraph (C)(v) does not meet those objectives in any particular year, the school shall be considered to have made adequate yearly progress if the percentage of students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year decreased by 10 percent of that percentage from the preceding school year and that group made progress on one or more of the academic indicators described in subparagraph (C)(vi) or (vii); and (ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(16)(A)] and paragraph (3), on which adequate yearly progress is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). (J) Uniform averaging procedure For the purpose of determining whether schools are making adequate yearly progress, the State may establish a uniform procedure for averaging data which includes one or more of the following: (i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. (ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding January 8, 2002, provided that nothing in this clause shall be construed to undermine or delay the determination of adequate yearly progress, the requirements of section 6316 of this title, or the implementation of assessments under this section. (iii) The State may use data across grades in a school. (K) Accountability for charter schools The accountability provisions under this chapter shall be overseen for charter schools in accordance with State charter school law. (3) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State's challenging student academic achievement standards, except that no State shall be required to meet the requirements of this part relating to science assessments until the beginning of the 2007-2008 school year. (B) Use of assessments Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time. (C) Requirements Such assessments shall - (i) be the same academic assessments used to measure the achievement of all children; (ii) be aligned with the State's challenging academic content and student academic achievement standards, and provide coherent information about student attainment of