[DOCID: f:h1enr.txt]
        H.R.1

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 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.
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.
    (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.
``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.

 ``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.
``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.

                  ``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.
``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.
``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.

                    ``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.

   ``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.
``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.

                ``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.
``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.
``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, 
    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.--
        ``(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.
    ``(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.--
        ``(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 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 standards that 
        will be used by the State, its local educational agencies, and 
        its schools to carry out this part, except that a State shall 
        not be required to submit such standards to the Secretary.
            ``(B) Same standards.--The academic standards required by 
        subparagraph (A) shall be the same academic standards that the 
        State applies to all schools and children in the State.
            ``(C) Subjects.--The State shall have such academic 
        standards for all public elementary school and secondary school 
        children, including children served under this part, in 
        subjects determined by the State, but including at least 
        mathematics, reading or language arts, and (beginning in the 
        2005-2006 school year) science, which shall include the same 
        knowledge, skills, and levels of achievement expected of all 
        children.
            ``(D) Challenging academic standards.--Standards under this 
        paragraph shall include--
                ``(i) challenging academic content standards in 
            academic subjects that--

                    ``(I) specify what children are expected to know 
                and be able to do;
                    ``(II) contain coherent and rigorous content; and
                    ``(III) encourage the teaching of advanced skills; 
                and

                ``(ii) challenging student academic achievement 
            standards that--

                    ``(I) are aligned with the State's academic content 
                standards;
                    ``(II) describe two levels of high achievement 
                (proficient and advanced) that determine how well 
                children are mastering the material in the State 
                academic content standards; and
                    ``(III) describe a third level of achievement 
                (basic) to provide complete information about the 
                progress of the lower-achieving children toward 
                mastering the proficient and advanced levels of 
                achievement.

            ``(E) Information.--For the subjects in which students will 
        be served under this part, but for which a State is not 
        required by subparagraphs (A), (B), and (C) to develop, and has 
        not otherwise developed, such academic standards, the State 
        plan shall describe a strategy for ensuring that students are 
        taught the same knowledge and skills in such subjects and held 
        to the same expectations as are all children.
            ``(F) Existing standards.--Nothing in this part shall 
        prohibit a State from revising, consistent with this section, 
        any standard adopted under this part before or after the date 
        of enactment of the No Child Left Behind Act of 2001.
        ``(2) Accountability.--
            ``(A) In general.--Each State plan shall demonstrate that 
        the State has developed and is implementing a single, statewide 
        State accountability system that will be effective in ensuring 
        that all local educational agencies, public elementary schools, 
        and public secondary schools make adequate yearly progress as 
        defined under this paragraph. Each State accountability system 
        shall--
                ``(i) be based on the academic standards and academic 
            assessments adopted under paragraphs (1) and (3), and other 
            academic indicators consistent with subparagraph (C)(vi) 
            and (vii), and shall take into account the achievement of 
            all public elementary school and secondary school students;
                ``(ii) be the same accountability system the State uses 
            for all public elementary schools and secondary schools or 
            all local educational agencies in the State, except that 
            public elementary schools, secondary schools, and local 
            educational agencies not participating under this part are 
            not subject to the requirements of section 1116; and
                ``(iii) include sanctions and rewards, such as bonuses 
            and recognition, the State will use to hold local 
            educational agencies and public elementary schools and 
            secondary schools accountable for student achievement and 
            for ensuring that they make adequate yearly progress in 
            accordance with the State's definition under subparagraphs 
            (B) and (C).
            ``(B) Adequate yearly progress.--Each State plan shall 
        demonstrate, based on academic assessments described in 
        paragraph (3), and in accordance with this paragraph, what 
        constitutes adequate yearly progress of the State, and of all 
        public elementary schools, secondary schools, and local 
        educational agencies in the State, toward enabling all public 
        elementary school and secondary school students to meet the 
        State's student academic achievement standards, while working 
        toward the goal of narrowing the achievement gaps in the State, 
        local educational agencies, and schools.
            ``(C) Definition.--`Adequate yearly progress' shall be 
        defined by the State in a manner that--
                ``(i) applies the same high standards of academic 
            achievement to all public elementary school and secondary 
            school students in the State;
                ``(ii) is statistically valid and reliable;
                ``(iii) results in continuous and substantial academic 
            improvement for all students;
                ``(iv) measures the progress of public elementary 
            schools, secondary schools and local educational agencies 
            and the State based primarily on the academic assessments 
            described in paragraph (3);
                ``(v) includes separate measurable annual objectives 
            for continuous and substantial improvement for each of the 
            following:

                    ``(I) The achievement of all public elementary 
                school and secondary school students.
                    ``(II) The achievement of--

                        ``(aa) economically disadvantaged students;
                        ``(bb) students from major racial and ethnic 
                    groups;
                        ``(cc) students with disabilities; and
                        ``(dd) students with limited English 
                    proficiency;

                except that disaggregation of data under subclause (II) 
                shall not be required in a case in which the number of 
                students in a category is insufficient to yield 
                statistically reliable information or the results would 
                reveal personally identifiable information about an 
                individual student;

                ``(vi) in accordance with subparagraph (D), includes 
            graduation rates for public secondary school students 
            (defined as the percentage of students who graduate from 
            secondary school with a regular diploma in the standard 
            number of years) and at least one other academic indicator, 
            as determined by the State for all public elementary school 
            students; and
                ``(vii) in accordance with subparagraph (D), at the 
            State's discretion, may also include other academic 
            indicators, as determined by the State for all public 
            school students, measured separately for each group 
            described in clause (v), such as achievement on additional 
            State or locally administered assessments, decreases in 
            grade-to-grade retention rates, attendance rates, and 
            changes in the percentages of students completing gifted 
            and talented, advanced placement, and college preparatory 
            courses.
            ``(D) Requirements for other indicators.--In carrying out 
        subparagraph (C)(vi) and (vii), the State--
                ``(i) shall ensure that the indicators described in 
            those provisions are valid and reliable, and are consistent 
            with relevant, nationally recognized professional and 
            technical standards, if any; and
                ``(ii) except as provided in subparagraph (I)(i), may 
            not use those indicators to reduce the number of, or 
            change, the schools that would otherwise be subject to 
            school improvement, corrective action, or restructuring 
            under section 1116 if those additional indicators were not 
            used, but may use them to identify additional schools for 
            school improvement or in need of corrective action or 
            restructuring.
            ``(E) Starting point.--Each State, using data for the 2001-
        2002 school year, shall establish the starting point for 
        measuring, under subparagraphs (G) and (H), the percentage of 
        students meeting or exceeding the State's proficient level of 
        academic achievement on the State assessments under paragraph 
        (3) and pursuant to the timeline described in subparagraph (F). 
        The starting point shall be, at a minimum, based on the higher 
        of the percentage of students at the proficient level who are 
        in--
                ``(i) the State's lowest achieving group of students 
            described in subparagraph (C)(v)(II); or
                ``(ii) the school at the 20th percentile in the State, 
            based on enrollment, among all schools ranked by the 
            percentage of students at the proficient level.
            ``(F) Timeline.--Each State shall establish a timeline for 
        adequate yearly progress. The timeline shall ensure that not 
        later than 12 years after the end of the 2001-2002 school year, 
        all students in each group described in subparagraph (C)(v) 
        will meet or exceed the State's proficient level of academic 
        achievement on the State assessments under paragraph (3).
            ``(G) Measurable objectives.--Each State shall establish 
        statewide annual measurable objectives, pursuant to 
        subparagraph (C)(v), for meeting the requirements of this 
        paragraph, and which--
                ``(i) shall be set separately for the assessments of 
            mathematics and reading or language arts under subsection 
            (a)(3);
                ``(ii) shall be the same for all schools and local 
            educational agencies in the State;
                ``(iii) shall identify a single minimum percentage of 
            students who are required to meet or exceed the proficient 
            level on the academic assessments that applies separately 
            to each group of students described in subparagraph (C)(v);
                ``(iv) shall ensure that all students will meet or 
            exceed the State's proficient level of academic achievement 
            on the State assessments within the State's timeline under 
            subparagraph (F); and
                ``(v) may be the same for more than 1 year, subject to 
            the requirements of subparagraph (H).
            ``(H) Intermediate goals for annual yearly progress.--Each 
        State shall establish intermediate goals for meeting the 
        requirements, including the measurable objectives in 
        subparagraph (G), of this paragraph and that shall--
                ``(i) increase in equal increments over the period 
            covered by the State's timeline under subparagraph (F);
                ``(ii) provide for the first increase to occur in not 
            more than 2 years; and
                ``(iii) provide for each following increase to occur in 
            not more than 3 years.
            ``(I) Annual improvement for schools.--Each year, for a 
        school to make adequate yearly progress under this paragraph--
                ``(i) each group of students described in subparagraph 
            (C)(v) must meet or exceed the objectives set by the State 
            under subparagraph (G), except that if any group described 
            in subparagraph (C)(v) does not meet those objectives in 
            any particular year, the school shall be considered to have 
            made adequate yearly progress if the percentage of students 
            in that group who did not meet or exceed the proficient 
            level of academic achievement on the State assessments 
            under paragraph (3) for that year decreased by 10 percent 
            of that percentage from the preceding school year and that 
            group made progress on one or more of the academic 
            indicators described in subparagraph (C)(vi) or (vii); and
                ``(ii) not less than 95 percent of each group of 
            students described in subparagraph (C)(v) who are enrolled 
            in the school are required to take the assessments, 
            consistent with paragraph (3)(C)(xi) and with 
            accommodations, guidelines, and alternative assessments 
            provided in the same manner as those provided under section 
            612(a)(17)(A) of the Individuals with Disabilities 
            Education Act and paragraph (3), on which adequate yearly 
            progress is based (except that the 95 percent requirement 
            described in this clause shall not apply in a case in which 
            the number of students in a category is insufficient to 
            yield statistically reliable information or the results 
            would reveal personally identifiable information about an 
            individual student).
            ``(J) Uniform averaging procedure.--For the purpose of 
        determining whether schools are making adequate yearly 
        progress, the State may establish a uniform procedure for 
        averaging data which includes one or more of the following:
                ``(i) The State may average data from the school year 
            for which the determination is made with data from one or 
            two school years immediately preceding that school year.
                ``(ii) Until the assessments described in paragraph (3) 
            are administered in such manner and time to allow for the 
            implementation of the uniform procedure for averaging data 
            described in clause (i), the State may use the academic 
            assessments that were required under paragraph (3) as that 
            paragraph was in effect on the day preceding the date of 
            enactment of the No Child Left Behind Act of 2001, provided 
            that nothing in this clause shall be construed to undermine 
            or delay the determination of adequate yearly progress, the 
            requirements of section 1116, or the implementation of 
            assessments under this section.
                ``(iii) The State may use data across grades in a 
            school.
            ``(K) Accountability for charter schools.--The 
        accountability provisions under this Act shall be overseen for 
        charter schools in accordance with State charter school law.
        ``(3) Academic assessments.--
            ``(A) In general.--Each State plan shall demonstrate that 
        the State educational agency, in consultation with local 
        educational agencies, has implemented a set of 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 
            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 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 English proficiency 
            status, by migrant status, by students with disabilities as 
            compared to nondisabled students, and by economically 
            disadvantaged students as compared to students who are not 
            economically disadvantaged, except that, in the case of a 
            local educational agency or a school, such disaggregation 
            shall not be required in a case in which the number of 
            students in a category is insufficient to yield 
            statistically reliable information or the results would 
            reveal personally identifiable information about an 
            individual student;
                ``(xiv) be consistent with widely accepted professional 
            testing standards, objectively measure academic 
            achievement, knowledge, and skills, and be tests that do 
            not evaluate or assess personal or family beliefs and 
            attitudes, or publicly disclose personally identifiable 
            information; and
                ``(xv) enable itemized score analyses to be produced 
            and reported, consistent with clause (iii), to local 
            educational agencies and schools, so that parents, 
            teachers, principals, and administrators can interpret and 
            address the specific academic needs of students as 
            indicated by the students' achievement on assessment items.
            ``(D) Deferral.--A State may defer the commencement, or 
        suspend the administration, but not cease the development, of 
        the assessments described in this paragraph, that were not 
        required prior to the date of enactment of the No Child Left 
        Behind Act of 2001, for 1 year for each year for which the 
        amount appropriated for grants under section 6113(a)(2) is less 
        than--
                ``(i) $370,000,000 for fiscal year 2002;
                ``(ii) $380,000,000 for fiscal year 2003;
                ``(iii) $390,000,000 for fiscal year 2004; and
                ``(iv) $400,000,000 for fiscal years 2005 through 2007.
        ``(4) Special rule.--Academic assessment measures in addition 
    to those in paragraph (3) that do not meet the requirements of such 
    paragraph may be included in the assessment under paragraph (3) as 
    additional measures, but may not be used in lieu of the academic 
    assessments required under paragraph (3). Such additional 
    assessment measures may not be used to reduce the number of or 
    change, the schools that would otherwise be subject to school 
    improvement, corrective action, or restructuring under section 1116 
    if such additional indicators were not used, but may be used to 
    identify additional schools for school improvement or in need of 
    corrective action or restructuring except as provided in paragraph 
    (2)(I)(i).
        ``(5) State authority.--If a State educational agency provides 
    evidence, which is satisfactory to the Secretary, that neither the 
    State educational agency nor any other State government official, 
    agency, or entity has sufficient authority, under State law, to 
    adopt curriculum content and student academic achievement 
    standards, and academic assessments aligned with such academic 
    standards, which will be applicable to all students enrolled in the 
    State's public elementary schools and secondary schools, then the 
    State educational agency may meet the requirements of this 
    subsection by--
            ``(A) adopting academic standards and academic assessments 
        that meet the requirements of this subsection, on a statewide 
        basis, and limiting their applicability to students served 
        under this part; or
            ``(B) adopting and implementing policies that ensure that 
        each local educational agency in the State that receives grants 
        under this part will adopt curriculum content and student 
        academic achievement standards, and academic assessments 
        aligned with such standards, which--
                ``(i) meet all of the criteria in this subsection and 
            any regulations regarding such standards and assessments 
            that the Secretary may publish; and
                ``(ii) are applicable to all students served by each 
            such local educational agency.
        ``(6) Language assessments.--Each State plan shall identify the 
    languages other than English that are present in the participating 
    student population and indicate the languages for which yearly 
    student academic assessments are not available and are needed. The 
    State shall make every effort to develop such assessments and may 
    request assistance from the Secretary if linguistically accessible 
    academic assessment measures are needed. Upon request, the 
    Secretary shall assist with the identification of appropriate 
    academic assessment measures in the needed languages, but shall not 
    mandate a specific academic assessment or mode of instruction.
        ``(7) Academic assessments of english language proficiency.--
    Each State plan shall demonstrate that local educational agencies 
    in the State will, beginning not later than school year 2002-2003, 
    provide for an annual assessment of English proficiency (measuring 
    students' oral language, reading, and writing skills in English) of 
    all students with limited English proficiency in the schools served 
    by the State educational agency, except that the Secretary may 
    provide the State 1 additional year if the State demonstrates that 
    exceptional or uncontrollable circumstances, such as a natural 
    disaster or a precipitous and unforeseen decline in the financial 
    resources of the State, prevented full implementation of this 
    paragraph by that deadline and that the State will complete 
    implementation within the additional 1-year period.
        ``(8) Requirement.--Each State plan shall describe--
            ``(A) how the State educational agency will assist each 
        local educational agency and school affected by the State plan 
        to develop the capacity to comply with each of the requirements 
        of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is 
        applicable to such agency or school;
            ``(B) how the State educational agency will assist each 
        local educational agency and school affected by the State plan 
        to provide additional educational assistance to individual 
        students assessed as needing help to achieve the State's 
        challenging academic achievement standards;
            ``(C) the specific steps the State educational agency will 
        take to ensure that both schoolwide programs and targeted 
        assistance schools provide instruction by highly qualified 
        instructional staff as required by sections 1114(b)(1)(C) and 
        1115(c)(1)(E), including steps that the 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;
        ``(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
        ``(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
            ``(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 the number of students in a 
            category is insufficient to yield statistically reliable 
            information or the results would reveal personally 
            identifiable information about an individual student);
                ``(ii) information that provides a comparison between 
            the actual achievement levels of each group of students 
            described in subsection (b)(2)(C)(v) and the State's annual 
            measurable objectives for each such group of students on 
            each of the academic assessments required under this part;
                ``(iii) the percentage of students not tested 
            (disaggregated by the same categories and subject to the 
            same exception described in clause (i));
                ``(iv) the most recent 2-year trend in student 
            achievement in each subject area, and for each grade level, 
            for which assessments under this section are required;
                ``(v) aggregate information on any other indicators 
            used by the State to determine the adequate yearly progress 
            of students in achieving State academic achievement 
            standards;
                ``(vi) graduation rates for secondary school students 
            consistent with subsection (b)(2)(C)(vi);
                ``(vii) information on the performance of local 
            educational agencies in the State regarding making adequate 
            yearly progress, including the number and names of each 
            school identified for school improvement under section 
            1116; and
                ``(viii) the professional qualifications of teachers in 
            the State, the percentage of such teachers teaching with 
            emergency or provisional credentials, and the percentage of 
            classes in the State not taught by highly qualified 
            teachers, in the aggregate and disaggregated by high-
            poverty compared to low-poverty schools which, for the 
            purpose of this clause, means schools in the top quartile 
            of poverty and the bottom quartile of poverty in the State.
            ``(D) Optional information.--The State may include in its 
        annual State report card such other information as the State 
        believes will best provide parents, students, and other members 
        of the public with information regarding the progress of each 
        of the State's public elementary schools and public secondary 
        schools. Such information may include information regarding--
                ``(i) school attendance rates;
                ``(ii) average class size in each grade;
                ``(iii) academic achievement and gains in English 
            proficiency of limited English proficient students;
                ``(iv) the incidence of school violence, drug abuse, 
            alcohol abuse, student suspensions, and student expulsions;
                ``(v) the extent and type of parental involvement in 
            the schools;
                ``(vi) the percentage of students completing advanced 
            placement courses, and the rate of passing of advanced 
            placement tests; and
                ``(vii) a clear and concise description of the State's 
            accountability system, including a description of the 
            criteria by which the State evaluates school performance, 
            and the criteria that the State has established, consistent 
            with subsection (b)(2), to determine the status of schools 
            regarding school improvement, corrective action, and 
            restructuring.
        ``(2) Annual local educational agency report cards.--
            ``(A) Report cards.--
                ``(i) In general.--Not later than the beginning of the 
            2002-2003 school year, a local educational agency that 
            receives assistance under this part shall prepare and 
            disseminate an annual local educational agency report card, 
            except that the State educational agency may provide the 
            local educational agency 1 additional year if the local 
            educational agency demonstrates that exceptional or 
            uncontrollable circumstances, such as a natural disaster or 
            a precipitous and unforeseen decline in the financial 
            resources of the local educational agency, prevented full 
            implementation of this paragraph by that deadline and that 
            the local educational agency will complete implementation 
            within the additional 1-year period.
                ``(ii) Special rule.--If a State educational agency has 
            received an extension pursuant to subsection (c)(1), then a 
            local educational agency within that State shall not be 
            required to include the information required under 
            paragraph (1)(C) in such report card during such extension.
            ``(B) Minimum requirements.--The State educational agency 
        shall ensure that each local educational agency collects 
        appropriate data and includes in the local educational agency's 
        annual report the information described in paragraph (1)(C) as 
        applied to the local educational agency and each school served 
        by the local educational agency, and--
                ``(i) in the case of a local educational agency--

                    ``(I) the number and percentage of schools 
                identified for school improvement under section 1116(c) 
                and how long the schools have been so identified; and
                    ``(II) information that shows how students served 
                by the local educational agency achieved on the 
                statewide academic assessment compared to students in 
                the State as a whole; and

                ``(ii) in the case of a school--

                    ``(I) whether the school has been identified for 
                school improvement; and
                    ``(II) information that shows how the school's 
                students achievement on the statewide academic 
                assessments and other indicators of adequate yearly 
                progress compared to students in the local educational 
                agency and the State as a whole.

            ``(C) Other information.--A local educational agency may 
        include in its annual local educational agency report card any 
        other appropriate information, whether or not such information 
        is included in the annual State report card.
            ``(D) Data.--A local educational agency or school shall 
        only include in its annual local educational agency report card 
        data that are sufficient to yield statistically reliable 
        information, as determined by the State, and that do not reveal 
        personally identifiable information about an individual 
        student.
            ``(E) Public dissemination.--The local educational agency 
        shall, not later than the beginning of the 2002-2003 school 
        year, unless the local educational agency has received a 1-year 
        extension pursuant to subparagraph (A), publicly disseminate 
        the information described in this paragraph to all schools in 
        the school district served by the local educational agency and 
        to all parents of students attending those schools in an 
        understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents can 
        understand, and make the information widely available through 
        public means, such as posting on the Internet, distribution to 
        the media, and distribution through public agencies, except 
        that if a local educational agency issues a report card for all 
        students, the local educational agency may include the 
        information under this section as part of such report.
        ``(3) Preexisting report cards.--A State educational agency or 
    local educational agency that was providing public report cards on 
    the performance of students, schools, local educational agencies, 
    or the State prior to the enactment of the No Child Left Behind Act 
    of 2001 may use those report cards for the purpose of this 
    subsection, so long as any such report card is modified, as may be 
    needed, to contain the information required by this subsection.
        ``(4) Annual state report to the secretary.--Each State 
    educational agency receiving assistance under this part shall 
    report annually to the Secretary, and make widely available within 
    the State--
            ``(A) beginning with school year 2002-2003, information on 
        the State's progress in developing and implementing the 
        academic assessments described in subsection (b)(3);
            ``(B) beginning not later than school year 2002-2003, 
        information on the achievement of students on the academic 
        assessments required by subsection (b)(3), including the 
        disaggregated results for the categories of students identified 
        in subsection (b)(2)(C)(v);
            ``(C) in any year before the State begins to provide the 
        information described in subparagraph (B), information on the 
        results of student academic assessments (including 
        disaggregated results) required under this section;
            ``(D) beginning not later than school year 2002-2003, 
        unless the State has received an extension pursuant to 
        subsection (c)(1), information on the acquisition of English 
        proficiency by children with limited English proficiency;
            ``(E) the number and names of each school identified for 
        school improvement under section 1116(c), the reason why each 
        school was so identified, and the measures taken to address the 
        achievement problems of such schools;
            ``(F) the number of students and schools that participated 
        in public school choice and supplemental service programs and 
        activities under this title; and
            ``(G) beginning not later than the 2002-2003 school year, 
        information on the quality of teachers and the percentage of 
        classes being taught by highly qualified teachers in the State, 
        local educational agency, and school.
        ``(5) Report to congress.--The Secretary shall transmit 
    annually to the Committee on Education and the Workforce of the 
    House of Representatives and the Committee on Health, Education, 
    Labor, and Pensions of the Senate a report that provides national 
    and State-level data on the information collected under paragraph 
    (4).
        ``(6) Parents right-to-know.--
            ``(A) Qualifications.--At the beginning of each school 
        year, a local educational agency that receives funds under this 
        part shall notify the parents of each student attending any 
        school receiving funds under this part that the parents may 
        request, and the agency will provide the parents on request 
        (and in a timely manner), information regarding the 
        professional qualifications of the student's classroom 
        teachers, including, at a minimum, the following:
                ``(i) Whether the teacher has met State qualification 
            and licensing criteria for the grade levels and subject 
            areas in which the teacher provides instruction.
                ``(ii) Whether the teacher is teaching under emergency 
            or other provisional status through which State 
            qualification or licensing criteria have been waived.
                ``(iii) The baccalaureate degree major of the teacher 
            and any other graduate certification or degree held by the 
            teacher, and the field of discipline of the certification 
            or degree.
                ``(iv) Whether the child is provided services by 
            paraprofessionals and, if so, their qualifications.
            ``(B) Additional information.--In addition to the 
        information that parents may request under subparagraph (A), a 
        school that receives funds under this part shall provide to 
        each individual parent--
                ``(i) information on the level of achievement of the 
            parent's child in each of the State academic assessments as 
            required under this part; and
                ``(ii) timely notice that the parent's child has been 
            assigned, or has been taught for four or more consecutive 
            weeks by, a teacher who is not highly qualified.
            ``(C) Format.--The notice and information provided to 
        parents under this paragraph shall be in an understandable and 
        uniform format and, to the extent practicable, provided in a 
        language that the parents can understand.
    ``(i) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals.
    ``(j) Technical Assistance.--The Secretary shall provide a State 
educational agency, at the State educational agency's request, 
technical assistance in meeting the requirements of this section, 
including the provision of advice by experts in the development of 
high-quality academic assessments, the setting of State standards, the 
development of measures of adequate yearly progress that are valid and 
reliable, and other relevant areas.
    ``(k) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
assessments and standards required under this section.
    ``(l) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
    ``(m) Special Rule With Respect to Bureau-Funded Schools.--In 
determining the assessments to be used by each operated or funded by 
BIA school receiving funds under this part, the following shall apply:
        ``(1) Each such school that is accredited by the State in which 
    it is operating shall use the assessments the State has developed 
    and implemented to meet the requirements of this section, or such 
    other appropriate assessment as approved by the Secretary of the 
    Interior.
        ``(2) Each such school that is accredited by a regional 
    accrediting organization shall adopt an appropriate assessment, in 
    consultation with and with the approval of, the Secretary of the 
    Interior and consistent with assessments adopted by other schools 
    in the same State or region, that meets the requirements of this 
    section.
        ``(3) Each such school that is accredited by a tribal 
    accrediting agency or tribal division of education shall use an 
    assessment developed by such agency or division, except that the 
    Secretary of the Interior shall ensure that such assessment meets 
    the requirements of this section.

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
        ``(1) Subgrants.--A local educational agency may receive a 
    subgrant under this part for any fiscal year only if such agency 
    has on file with the State educational agency a plan, approved by 
    the State educational agency, that is coordinated with other 
    programs under this Act, the Individuals with Disabilities 
    Education Act, the Carl D. Perkins Vocational and Technical 
    Education Act of 1998, the McKinney-Vento Homeless Assistance Act, 
    and other Acts, as appropriate.
        ``(2) Consolidated application.--The plan may be submitted as 
    part of a consolidated application under section 9305.
    ``(b) Plan Provisions.--
        ``(1) In general.--In order to help low-achieving children meet 
    challenging achievement academic standards, each local educational 
    agency plan shall include--
            ``(A) a description of high-quality student academic 
        assessments, if any, that are in addition to the academic 
        assessments described in the State plan under section 
        1111(b)(3), that the local educational agency and schools 
        served under this part will use--
                ``(i) to determine the success of children served under 
            this part in meeting the State student academic achievement 
            standards, and to provide information to teachers, parents, 
            and students on the progress being made toward meeting the 
            State student academic achievement standards described in 
            section 1111(b)(1)(D)(ii);
                ``(ii) to assist in diagnosis, teaching, and learning 
            in the classroom in ways that best enable low-achieving 
            children served under this part to meet State student 
            achievement academic standards and do well in the local 
            curriculum;
                ``(iii) to determine what revisions are needed to 
            projects under this part so that such children meet the 
            State student academic achievement standards; and
                ``(iv) to identify effectively students who may be at 
            risk for reading failure or who are having difficulty 
            reading, through the use of screening, diagnostic, and 
            classroom-based instructional reading assessments, as 
            defined under section 1208;
            ``(B) at the local educational agency's discretion, a 
        description of any other indicators that will be used in 
        addition to the academic indicators described in section 1111 
        for the uses described in such section;
            ``(C) a description of how the local educational agency 
        will provide additional educational assistance to individual 
        students assessed as needing help in meeting the State's 
        challenging student academic achievement standards;
            ``(D) a description of the strategy the local educational 
        agency will use to coordinate programs under this part with 
        programs under title II to provide professional development for 
        teachers and principals, and, if appropriate, pupil services 
        personnel, administrators, parents and other staff, including 
        local educational agency level staff in accordance with 
        sections 1118 and 1119;
            ``(E) a description of how the local educational agency 
        will coordinate and integrate services provided under this part 
        with other educational services at the local educational agency 
        or individual school level, such as--
                ``(i) Even Start, Head Start, Reading First, Early 
            Reading First, and other preschool programs, including 
            plans for the transition of participants in such programs 
            to local elementary school programs; and
                ``(ii) services for children with limited English 
            proficiency, children with disabilities, migratory 
            children, neglected or delinquent youth, Indian children 
            served under part A of title VII, homeless children, and 
            immigrant children in order to increase program 
            effectiveness, eliminate duplication, and reduce 
            fragmentation of the instructional program;
            ``(F) an assurance that the local educational agency will 
        participate, if selected, in the State National Assessment of 
        Educational Progress in 4th and 8th grade reading and 
        mathematics carried out under section 411(b)(2) of the National 
        Education Statistics Act of 1994;
            ``(G) a description of the poverty criteria that will be 
        used to select school attendance areas under section 1113;
            ``(H) a description of how teachers, in consultation with 
        parents, administrators, and pupil services personnel, in 
        targeted assistance schools under section 1115, will identify 
        the eligible children most in need of services under this part;
            ``(I) a general description of the nature of the programs 
        to be conducted by such agency's schools under sections 1114 
        and 1115 and, where appropriate, educational services outside 
        such schools for children living in local institutions for 
        neglected or delinquent children, and for neglected and 
        delinquent children in community day school programs;
            ``(J) a description of how the local educational agency 
        will ensure that migratory children and formerly migratory 
        children who are eligible to receive services under this part 
        are selected to receive such services on the same basis as 
        other children who are selected to receive services under this 
        part;
            ``(K) if appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        preschool programs for children, particularly children 
        participating in Early Reading First, or in a Head Start or 
        Even Start program, which services may be provided directly by 
        the local educational agency or through a subcontract with the 
        local Head Start agency designated by the Secretary of Health 
        and Human Services under section 641 of the Head Start Act, or 
        an agency operating an Even Start program, an Early Reading 
        First program, or another comparable public early childhood 
        development program;
            ``(L) a description of the actions the local educational 
        agency will take to assist its low-achieving schools identified 
        under section 1116 as in need of improvement;
            ``(M) a description of the actions the local educational 
        agency will take to implement public school choice and 
        supplemental services, consistent with the requirements of 
        section 1116;
            ``(N) a description of how the local educational agency 
        will meet the requirements of section 1119;
            ``(O) a description of the services the local educational 
        agency will provide homeless children, including services 
        provided with funds reserved under section 1113(c)(3)(A);
            ``(P) a description of the strategy the local educational 
        agency will use to implement effective parental involvement 
        under section 1118; and
            ``(Q) where appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        after school (including before school and summer school) and 
        school-year extension programs.
        ``(2) Exception.--The academic assessments and indicators 
    described in subparagraphs (A) and (B) of paragraph (1) shall not 
    be used--
            ``(A) in lieu of the academic assessments required under 
        section 1111(b)(3) and other State academic indicators under 
        section 1111(b)(2); or
            ``(B) to reduce the number of, or change which, schools 
        would otherwise be subject to school improvement, corrective 
        action, or restructuring under section 1116, if such additional 
        assessments or indicators described in such subparagraphs were 
        not used, but such assessments and indicators may be used to 
        identify additional schools for school improvement or in need 
        of corrective action or restructuring.
    ``(c) Assurances.--
        ``(1) In general.--Each local educational agency plan shall 
    provide assurances that the local educational agency will--
            ``(A) inform eligible schools and parents of schoolwide 
        program authority and the ability of such schools to 
        consolidate funds from Federal, State, and local sources;
            ``(B) provide technical assistance and support to 
        schoolwide programs;
            ``(C) work in consultation with schools as the schools 
        develop the schools' plans pursuant to section 1114 and assist 
        schools as the schools implement such plans or undertake 
        activities pursuant to section 1115 so that each school can 
        make adequate yearly progress toward meeting the State student 
        academic achievement standards;
            ``(D) fulfill such agency's school improvement 
        responsibilities under section 1116, including taking actions 
        under paragraphs (7) and (8) of section 1116(b);
            ``(E) provide services to eligible children attending 
        private elementary schools and secondary schools in accordance 
        with section 1120, and timely and meaningful consultation with 
        private school officials regarding such services;
            ``(F) take into account the experience of model programs 
        for the educationally disadvantaged, and the findings of 
        relevant scientifically based research indicating that services 
        may be most effective if focused on students in the earliest 
        grades at schools that receive funds under this part;
            ``(G) in the case of a local educational agency that 
        chooses to use funds under this part to provide early childhood 
        development services to low-income children below the age of 
        compulsory school attendance, ensure that such services comply 
        with the performance standards established under section 
        641A(a) of the Head Start Act;
            ``(H) work in consultation with schools as the schools 
        develop and implement their plans or activities under sections 
        1118 and 1119;
            ``(I) comply with the requirements of section 1119 
        regarding the qualifications of teachers and paraprofessionals 
        and professional development;
            ``(J) inform eligible schools of the local educational 
        agency's authority to obtain waivers on the school's behalf 
        under title IX and, if the State is an Ed-Flex Partnership 
        State, to obtain waivers under the Education Flexibility 
        Partnership Act of 1999;
            ``(K) coordinate and collaborate, to the extent feasible 
        and necessary as determined by the local educational agency, 
        with the State educational agency and other agencies providing 
        services to children, youth, and families with respect to a 
        school in school improvement, corrective action, or 
        restructuring under section 1116 if such a school requests 
        assistance from the local educational agency in addressing 
        major factors that have significantly affected student 
        achievement at the school;
            ``(L) ensure, through incentives for voluntary transfers, 
        the provision of professional development, recruitment 
        programs, or other effective strategies, that low-income 
        students and minority students are not taught at higher rates 
        than other students by unqualified, out-of-field, or 
        inexperienced teachers;
            ``(M) use the results of the student academic assessments 
        required under section 1111(b)(3), and other measures or 
        indicators available to the agency, to review annually the 
        progress of each school served by the agency and receiving 
        funds under this part to determine whether all of the schools 
        are making the progress necessary to ensure that all students 
        will meet the State's proficient level of achievement on the 
        State academic assessments described in section 1111(b)(3) 
        within 12 years from the end of the 2001-2002 school year;
            ``(N) ensure that the results from the academic assessments 
        required under section 1111(b)(3) will be provided to parents 
        and teachers as soon as is practicably possible after the test 
        is taken, in an understandable and uniform format and, to the 
        extent practicable, provided in a language that the parents can 
        understand; and
            ``(O) assist each school served by the agency and assisted 
        under this part in developing or identifying examples of high-
        quality, effective curricula consistent with section 
        1111(b)(8)(D).
        ``(2) Special rule.--In carrying out subparagraph (G) of 
    paragraph (1), the Secretary--
            ``(A) shall consult with the Secretary of Health and Human 
        Services and shall establish procedures (taking into 
        consideration existing State and local laws, and local teacher 
        contracts) to assist local educational agencies to comply with 
        such subparagraph; and
            ``(B) shall disseminate to local educational agencies the 
        Head Start performance standards as in effect under section 
        641A(a) of the Head Start Act, and such agencies affected by 
        such subparagraph shall plan for the implementation of such 
        subparagraph (taking into consideration existing State and 
        local laws, and local teacher contracts), including pursuing 
        the availability of other Federal, State, and local funding 
        sources to assist in compliance with such subparagraph.
        ``(3) Inapplicability.--Paragraph (1)(G) of this subsection 
    shall not apply to preschool programs using the Even Start model or 
    to Even Start programs that are expanded through the use of funds 
    under this part.
    ``(d) Plan Development and Duration.--
        ``(1) Consultation.--Each local educational agency plan shall 
    be developed in consultation with teachers, principals, 
    administrators (including administrators of programs described in 
    other parts of this title), and other appropriate school personnel, 
    and with parents of children in schools served under this part.
        ``(2) Duration.--Each such plan shall be submitted for the 
    first year for which this part is in effect following the date of 
    enactment of the No Child Left Behind Act of 2001 and shall remain 
    in effect for the duration of the agency's participation under this 
    part.
        ``(3) Review.--Each local educational agency shall periodically 
    review and, as necessary, revise its plan.
    ``(e) State Approval.--
        ``(1) In general.--Each local educational agency plan shall be 
    filed according to a schedule established by the State educational 
    agency.