Senate Bill No. 2418 (attached as an appendix)directs the Legislative Council to create a selectcommittee for the purpose of studying the adoption ofthe No Child Left Behind Act of 2001 [Pub. L. 107-110;115 Stat. 1425; 20 U.S.C. 6301 et seq.], its rationale, thepromulgation of any federal regulations implementing theAct, the direct and indirect impact of the Act and its regu-lations on the school districts of this state, and the finan-cial impact of the Act and its regulations on the budget ofthis state and on the taxpayers of this state.

INTRODUCTIONThe No Child Left Behind Act of 2001 is described in

a publication entitled No Child Left Behind: A DesktopReference, (United States Department of Education,Office of Elementary and Secondary Education, Wash-ington, D.C., 2002) as “a landmark in education reform.”The report states that its drafters sought to improvestudent achievement and change the culture of Amer-ica’s schools.

The Act, which passed with overwhelming bipartisansupport, embodies four key principles:

1. Stronger accountability for results; 2. Greater flexibility for states, school districts, and

schools in the use of federal funds;3. More choices for parents of children from disad-

vantaged backgrounds; and 4. An emphasis on teaching methods that have

been demonstrated to work. [Id. at 9]The No Child Left Behind Act of 2001 is a combina-

tion of new provisions and amendments of provisions ofthe Elementary and Secondary Education Act. Itconsists of the following titles:

Repeals, Redesignations, and Amend-ments to Other Statutes

Title XGeneral ProvisionsTitle IX

Impact Aid ProgramTitle VIII

Indian, Native Hawaiian, and AlaskaNative Education

Title VII

Flexibility and AccountabilityTitle VI

Promoting Informed Parental Choiceand Innovative Programs

Title V

21st Century SchoolsTitle IV

Language Instruction for Limited EnglishProficient and Immigrant Students

Title III

Preparing, Training, and RecruitingHigh Quality Teachers and Principals

Title II

Improving the Academic Achievement ofthe Disadvantaged

Title I

TITLE I - IMPROVING THE ACADEMICACHIEVEMENT OF THE DISADVANTAGED

20 U.S.C. 6301, ET SEQ.PART A - IMPROVING BASIC

PROGRAMS OPERATED BY LOCALEDUCATIONAL AGENCIES

20 U.S.C. 6311, ET SEQ.According to the United States Secretary of Educa-

tion, in 2002 only 29 percent of fourth grade studentsperformed at or above the proficient level on the nationalassessment of educational progress in reading. Amonglow-income and Hispanic students, a proficient level wasattained by only 13 percent. African-American studentswere at 10 percent, students with disabilities were at8 percent, and students having limited English profi-ciency were at 3 percent. [Id. at 13]

Title I is intended to give all students a “fair, equal,and significant opportunity to obtain a high-quality educa-tion and reach proficiency on challenging state academicstandards and assessments.” (20 U.S.C. 6301) Inorder to accomplish this, states wishing to receivegrants must submit plans to the United States Secretaryof Education. The plans must demonstrate that thestate has adopted challenging academic content stan-dards and challenging student academic achievementstandards that will be used by the state, its schooldistricts, and its schools. (20 U.S.C. 6311)

A state’s academic standards must specify what thestudents are expected to know and be able to do,contain coherent and rigorous content, and encouragethe teaching of advanced skills. The student academicachievement standards must be aligned to the state’sacademic content standards, describe two levels of highachievement (proficient and advanced) which determinehow well children are mastering the material in the stateacademic content standards, and describe a third levelof achievement (basic) to provide complete informationabout the progress of the lower-achieving studentstoward mastering the proficient and advanced levels ofachievement. (20 U.S.C. 6311(b)(1))

In addition, each state must demonstrate that it hasdeveloped and is implementing a single statewideaccountability system, which will be effective in ensuringthat all school districts and public schools makeadequate yearly progress. (20 U.S.C. 6311(b)(2)) Whatconstitutes adequate yearly progress is to be defined byeach state in a manner that applies the same high stan-dards of academic achievement to all public schools inthe state, that is statistically valid and reliable, thatresults in continuous and substantial academic improve-ment for all students, that measures the progress ofschools, school districts, and the state based primarilyon academic assessments, that includes separate,measurable annual objectives for continuous and

59031 Prepared by the North Dakota Legislative Councilstaff for the No Child Left Behind Committee

July 2003

NO CHILD LEFT BEHIND ACT OF 2001 - BACKGROUND MEMORANDUM

substantial improvement, and that includes graduationrates. The definition may also include other academicindicators such as achievement on additional state-administered or locally administered assessments,decreases in grade-to-grade retention rates, attendancerates, and changes in the percentages of studentscompleting gifted and talented courses, advanced place-ment courses, and college preparatory courses. (20U.S.C. 6311(b)(2)(C))

Each state is required to establish a starting point forthe measurement which uses data from the 2001-02school year, and each state is required to establish time-lines for determining adequate yearly progress. (20U.S.C. 6311(b)(2)(E)) A state’s timeline must ensurethat no later than 12 years from the end of the 2001-02school year, all students must meet or exceed thestate’s proficient level of academic achievement on thestate’s assessments. (20 U.S.C. 6311 (b)(2)(F))

Local school districts that wish to receive subgrantsmust file plans with the state education agency detailinghow they will help low-achieving students meet the chal-lenging standards. (20 U.S.C. 6312) Grants received byschool districts must in turn be allocated to individualschools in the districts, based on the number of low-income students enrolled. The schools may use thegrants for either schoolwide programs (20 U.S.C. 6314)or targeted assistance programs. (20 U.S.C. 6315)

Most commonly, the grants are applied to the provi-sion of instruction in reading and mathematics. Oftenthis instruction occurs within the confines of extendedday programs, i.e., before-and-after school programs,extended year programs, and summer programs. Title Igrants are not restricted with respect to grade levels.They can be used to assist students from preschoolthrough high school. For the most part, however, schooldistricts and schools tend to use the grants to fundprograms aimed at assisting students from preschoolthrough grade 6 (United States Department ofEducation, Office of Elementary and Secondary Educa-tion, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 15)

Academic Assessment and Local EducationalAgency (School District) and School

ImprovementIn order to receive Title I grants, school districts and

schools are expected to meet certain establishedcriteria. The first criteria govern the area of academicassessments.

By the 2005-06 school year, states must develop andimplement annual assessments in reading and mathe-matics in grades 3 through 8 and at least once in grades10 through 12. By the 2007-08 school year, states mustalso administer annual science assessments at leastonce in grades 3 through 5, grades 6 through 9, andgrades 10 through 12. (20 U.S.C. 6311(b)(3)) Theseassessments must be aligned with state academiccontent and achievement standards and involve multiplemeasures, including measures of higher-order thinkingand understanding. (20 U.S.C. 6311(b)(3))

The assessments must provide for the participationof all students, including students with disabilities andwith limited English proficiency. Students who havebeen in schools in the United States for three consecu-tive years must be assessed in English in the area ofreading. Reasonable accommodations are permitted.

The results must be desegregated by gender, majorracial and ethnic groups, English proficiency, migrantstatus, disability, and status as economically disadvan-taged. The assessment system must produce individualstudent interpretive, descriptive, and diagnostic reportsand itemized score analyses must be reported toschool districts and schools. (20 U.S.C. 6311(b)(3)(C))

Determinations regarding yearly progress are to bepublicized. (20 U.S.C. 6316(a)(1)(C)) Schools that failto make adequate yearly progress for two consecutiveyears must be identified as being in need of improve-ment. (20 U.S.C. 6316(b)(1)(A)) A student attendingsuch a school must be given the opportunity to transferto another public school that has not been identified asneeding improvement. (20 U.S.C. 6316(b)(1)(E))

Schools identified as needing improvement are alsorequired to spend at least 10 percent of the grants theyreceive under Title I, Part A, on professional develop-ment for their teachers and principals. The professionaldevelopment activities are to directly address theacademic achievement problem that caused the schoolto be identified for improvement. (20 U.S.C. 6316)

If a school fails to make adequate yearly progress fora third year, students from low-income families in theschool must be allowed to obtain supplemental educa-tional services. These services may be provided by apublic or private-sector entity, including faith-basedorganizations. The providers must, however, beapproved by the state. Up to 20 percent of a school’sTitle I funds may be used to pay for these services andthe transportation of students to and from the serviceproviders. (20 U.S.C. 6316)

If a school fails to make adequate yearly progress fora fourth year, the school district is required to takecorrective actions. These actions must include at leastone of the following: replacing school staff, imple-menting a new curriculum (with appropriate professionaldevelopment), decreasing management authority at theschool level, appointing an outside expert to advise theschool, extending the schoolday or year, or reorganizingthe school internally. While this is happening, the stateis charged with taking corrective action, too. At the statelevel, this must include deferring program funds orreducing administrative funds; implementing a newcurriculum (with professional development); replacingpersonnel; establishing alternative governance arrange-ments; appointing a receiver or trustee to administer thedistrict in place of the superintendent and school board;or abolishing or restructuring the school district. In addi-tion, the state may authorize students to transfer tohigher-performing public schools in other schooldistricts. (20 U.S.C. 6316)

If a school fails to make adequate yearly progress fora fifth year, there is a requirement that the school districtfundamentally restructure the school. This could include

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reopening the school as a charter school, replacing all ormost of the school staff who are relevant to the failure tomake adequate progress, or turning over school opera-tions either to the state or to a private company with ademonstrated record of effectiveness. (20 U.S.C. 6316)

If a school is identified as needing school improve-ment, or corrective action or restructuring, both the stateand the school district in which the school is locatedmust provide technical assistance. At the state level,this assistance must include establishing school supportteams, designating and using distinguished teachersand principals who are chosen from schools that havebeen successful in improving academic achievement,and establishing alternate approaches to providingassistance. Such approaches might include the use ofcolleges and universities, educational service agencies,local consortia, and private providers. (20 U.S.C. 6316)

Teachers and Paraprofessionals -Qualifications20 U.S.C. 6319

The No Child Left Behind Act of 2001 requires thatbeginning with the first day of the first school year afterthe date of enactment, each school district receivingassistance under the Act ensure that all teachers hiredand teaching in a program supported with funds underthe Act are highly qualified. (20 U.S.C. 6319(a)) Eachstate education agency is directed to develop a plan toensure that all individuals teaching in core academicsubjects within the state are highly qualified not later thanthe end of the 2005-06 school year. The plan is toestablish annual measurable objectives for each schooldistrict and school which at a minimum include anannual increase in the percentage of highly qualifiedteachers at each school district and school and whichinclude an increase in the percentage of teachers whoare receiving high-quality professional development toensure that they become highly qualified. The plans mayinclude any other measures that the state agency deter-mines to be appropriate. (20 U.S.C. 6319(a)) Eachschool district receiving assistance is also directed todevelop a plan to ensure that all teachers within thedistrict are highly qualified by the end of the 2005-06school year. (20 U.S.C. 6319(a)(3))

The United States Secretary of Education defines“core academic subjects” as including English, readingor language arts, mathematics, science, foreignlanguages, civics and government, economics, the arts,history, and geography and further states that the plansmust have annual measurable objectives that includecertification, a baccalaureate degree, and demonstratedcompetency in a subject area. In order to help teachersbecome highly qualified, school districts must use atleast 5 percent of their Title I funds for professionaldevelopment. (United States Department of Education,Office of Elementary and Secondary Education, NoChild Left Behind: A Desktop Reference, Washington,D.C., 2002 at 15)

Increased requirements are also put in place forparaprofessionals, who will now have to have at leasttwo years of postsecondary education or be able to

demonstrate the necessary skills by means of a formalstate or local academic assessment. (20 U.S.C.6319(c)(1))

TITLE I, PART BSTUDENT READING SKILLS

IMPROVEMENT GRANTSSUBPART 1 - READING FIRST

20 U.S.C. 6361The No Child Left Behind Act of 2001 recognized that

the ability to read is the key ingredient necessary for astudent to be successful in school. The nationalassessment of educational progress results, however,point to the existence of serious deficiencies in students’ability to read. In high-poverty schools, the 2000 nationalassessment of educational progress results showedthat approximately 66 percent of fourth graders failed toreach the basic level of proficiency. Even in wealthierschools, 20 percent of fourth graders still failed to reachthat basic level of proficiency. (United States Depart-ment of Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 23)

In order to address this concern, the No Child LeftBehind Act of 2001 included provisions for a programknown as “Reading First.” This program providesformula grants so that state education agencies andschool districts can establish reading programs forstudents in kindergarten through grade 3, that they canprepare teachers, including special education teachers,through professional development to identify specificreading barriers and effectively help the students learn toread, to select and administer screening, diagnostic, andclassroom-based instructional reading assessments, todetect and develop effective instructional materials, andto strengthen and coordinate early literacy programs andfamily literacy programs. (20 U.S.C. 6361) The grantsare based on the number of children between ages 5and 17 who come from families below the poverty line.(20 U.S.C. 6362(b)(3)

In order to be considered for a grant, a state educa-tion agency must file an application with the UnitedStates Secretary of Education. The grants are awardedon the basis of a recommendation made by a panel ofexperts selected by the United States Department ofEducation, the National Institute for Literacy, the NationalInstitute for Child Health and Human Development, andthe National Research Council of the National Academyof Sciences. Upon receiving federal grant funds, a stateeducation agency must then make competitive grants toschool districts. Any grants awarded by a state educa-tion agency to school districts must be in an amountsufficient to enable improvements in reading instruction.(20 U.S.C. 6362(c)(5))

In addition to developing the grant program, stateeducation agencies are also charged with assistingdistricts in the use of scientifically based readingresearch, assisting districts in the identification ofinstructional assessments, programs, and materials,

59031 3 July 2003

developing strategies to improve instructional practicesfor reading, coordinating reading first with existing stateliteracy programs, and developing strategies for evalu-ating the reading first program. (20 U.S.C. 6362(d)(4))

The goal of the reading first program is to ensure thatall children can read at or above grade level by the end ofthe third grade. In order to determine if progress is beingmade toward this goal, a state education agency isrequired to report annually on the progress of schooldistricts and identify those that are increasing thenumber of children who can meet this goal. A state’sannual report is reviewed by the panel that initiallyreviewed the application for funds. Any state that is notmaking significant progress is subject to losing some orall of its reading first grant funds. (20 U.S.C. 6362(e))

TITLE I, PART B SUBPART 2 - EARLY READING FIRST

20 U.S.C. 6371The early reading first program is another component

of the No Child Left Behind Act of 2001. It is designed toenhance early language literacy and prereading develop-ment of preschool children, particularly of preschool chil-dren from low-income families, through reading strate-gies and professional development strategies that arescientifically based. It is also designed to providepreschool age children with cognitive learning opportuni-ties in high-quality language and literature-rich environ-ments, and to demonstrate language and literacy activi-ties that support the age appropriate development ofletter recognition, knowledge of letter sounds, under-standing of written language, and speaking abilities. (20U.S.C. 6371(a))

The early reading first program is based on thepremise that early care and education programs havedone much to address the social, emotional, and healthneeds of children and families. However, suchprograms have tended to neglect growth in language andcognition.

A study by the National Center for Education Statis-tics found that 56 percent of beginning kindergartnerswho were deemed at risk of school failure because offactors such as low family income or low parent educa-tion could not identify more than two or three letters ofthe alphabet by name. Sixty-one percent could not iden-tify the beginning sound of a word and 83 percent couldnot identify the ending sound of a word. (United StatesDepartment of Education, Office of Elementary andSecondary Education, No Child Left Behind: A DesktopReference, Washington, D.C., 2002 at 27)

In order to improve these skills, the Act makes avail-able discretionary grants. Funds are awarded by theUnited States Secretary of Education to local schooldistricts and public or private organizations within theschool districts. (20 U.S.C. 6371(b)(1))

As a condition of receiving a grant, a recipient mustagree to provide preschool-age children with high-qualityoral language and literature-rich environments; provide tostaff professional development that is based on scientificresearch in order to assist in the development of

language and cognitive skills; identify and provide activi-ties and instructional materials that are grounded inscientifically based reading research; acquire, providetraining for, and implement screening reading assess-ments or other appropriate measures to determinewhether preschool-age children are developing the earlylanguage and cognitive skills they need for later readingsuccess; and integrate these instructional materials,activities, tools, and measures into the grantee’spreschool programs. (20 U.S.C. 6371(d)) Recipientsmust also agree to evaluate the success of theirprograms and report their findings to the United StatesSecretary of Education. (20 U.S.C. 6375)

TITLE I, PART BSUBPART 3 - WILLIAM F. GOODLING

EVEN START FAMILY LITERACYPROGRAM20 U.S.C. 6381

The even start family literacy program is designed tobreak the cycle of poverty and illiteracy by improving theeducational opportunities of low-income families throughthe integration of literacy services. These services areavailable to parents and their children under age 8.(20 U.S.C. 6381) According to Census Bureau datafrom 1997, 4.3 million families are eligible for theprogram. (United States Department of Education,Office of Elementary and Secondary Education, NoChild Left Behind: A Desktop Reference, Washington,D.C., 2002 at 31)

Even start is a competitive state-administered discre-tionary grant program. Funds are allocated by the UnitedStates Secretary of Education to states according to aformula, and the states in turn must award subgrants topartnerships of local school districts and otherorganizations.

States that receive funding must establish reviewpanels to approve applications. Recipients must be ableto demonstrate:

1. Potential success in implementing theprogram’s purpose and its elements;

2. That there are a large number of families inneed of family literacy services;

3. The ability to provide services for at least athree-year age range of children;

4. The existence of a coordinated effort betweenservice providers;

5. The existence of cost-effective budgets thatinclude the potential to obtain locally matchedfunds;

6. That the program would address needs in bothurban and rural areas of the state; and

7. The ability to develop models that could later beused by others. (20 U.S.C. 6381(g))

The program must include early childhood, adulteducation, parenting education, and parent-child activi-ties that are taught or conducted by qualified staff andmust have available year-round support services. Theprogram must be center-based but also must be able toprovide some educational services to families in their

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homes. The program must be based on scientificallysupportable reading research and must build on educa-tional and support services that are already available inthe communities. The program must also allow for theidentification and recruitment of those families whowould most benefit from the services.

States receiving funds under this section are requiredto use quality indicators that monitor, evaluate, andimprove the local projects available within the state. Thequality indicators applicable to adult participants mustinclude achievement in the areas of reading, writing,English language acquisition, problem-solving, andnumeracy, receipt of a high school diploma or a generalequivalency diploma, entry into a postsecondary schoolor job-training program, and employment, careeradvancement, or enlistment in the armed forces. (20U.S.C. 6381(i)(1))

The quality indicators applicable to child participantsmust include improvement in the ability to read at gradelevel or improvement in reading readiness, school atten-dance, and grade retention and promotion. (20 U.S.C.6381(i)(2))

An independent evaluation conducted by the NationalInstitute for Literacy will document the effectiveness ofeven start projects. (20 U.S.C. 6381(j))

TITLE I, PART B SUBPART 4 - IMPROVING LITERACY

THROUGH SCHOOL LIBRARIES20 U.S.C. 6383

Improving literacy through school libraries is aprogram designed to provide students with access toup-to-date school library materials, technologicallyadvanced school library media centers, and profession-ally certified school library media specialists. (20 U.S.C.6383) The program recognizes that school libraries arecritical to meeting instructional goals and objectives. In arecent Schools and Staffing Survey, it was determinedthat over one-half of all schools with library mediacenters did not have a full-time state-certified librarianand that 20 percent of schools with library media centersdid not have a librarian at all. (United States Departmentof Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 35)

The improving literacy through school librariesprogram is a competitive one-year grant program forschool districts in which at least 20 percent of thestudents come from families with incomes below thepoverty line. If the program appropriations exceed $100million a year, the program operates as a state formulaprogram and school districts are eligible if only 15percent of their students are from families with incomesbelow the poverty line or if the percentage of suchstudents is greater than the statewide percentage. (20U.S.C. 6383(c))

Program funds may be used to purchase up-to-dateschool library media resources, including books andadvanced technology, to provide professional develop-ment for school library media specialists, and to provide

students with access to school libraries duringnonschool hours, weekends, and vacations. (20 U.S.C.6383(g))

Participating school districts are required to fileannual reports that describe program activities, theextent to which the districts’ school library mediaresources were made more available, and the extent towhich the resources were used. (20 U.S.C. 6383(h)) Ifthe program is state-administered, the school districtreports are to be compiled by the state education agencyand then submitted to the United States Secretary ofEducation. A national evaluation regarding theprogram’s effectiveness is to be conducted within threeyears after passage of the No Child Left Behind Act andevery two years thereafter. (20 U.S.C. 6383(j))

TITLE I, PART CEDUCATION OF MIGRATORY

CHILDREN20 U.S.C. 6391

The purpose of the education of migratory childrenprogram is to support high-quality and comprehensiveeducational programs for migrant children, therebyhelping to reduce educational disruptions and other prob-lems that stem from repeated moves. In addition, theprogram attempts to ensure that migrant children whomove among the states are not penalized or otherwisedisadvantaged because of disparities in curriculum,graduation requirements, and state academic contentand student academic achievement standards. (20U.S.C. 6391)

The program recognizes that migrant students sharemany risk factors with other disadvantaged students,including poverty, poor health, and learning disabilities.Migrant students, however, also face unique challengesstemming from the disruption of their education, poorrecordkeeping between schools, cultural and languagedifficulties, and social isolation. Because migrantstudents generally constitute only a small percentage ofthe total student population, many schools and schooldistricts do not dedicate to the education of thesestudents the level of resources that are needed. (UnitedStates Department of Education, Office of Elementaryand Secondary Education, No Child Left Behind: ADesktop Reference, Washington, D.C., 2002 at 37)

The migrant education program is funded through astate formula grant that is based on each state’s perstudent expenditure and the number of migrant childrenbetween ages 3 and 21 who resided in the state duringthe previous year. (20 U.S.C. 6391(a)(2)(B)) In applyingfor a grant, a state must describe how it will ensure thatthe special educational needs of migratory children areidentified and addressed, how it will provide migratorystudents with the opportunity to meet the same chal-lenging state academic content standards and achieve-ment standards as all other children, how it will use thefunds to promote interstate and intrastate coordination ofservices for migrant children, including the timelytransfer of school records, and how it will offer andpromote family literary services. (20 U.S.C. 6394(b))

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Schools are required to hold annual meetings, at aconvenient time, in order to provide migrant parents withinformation about the program, a description and expla-nation of the curriculum in use at each school, the formsof academic assessment used to measure studentprogress, and the proficiency levels students areexpected to meet. Also, each school must develop acompact that outlines how the migrant parents, theschool staff, and the students will share the responsi-bility for improved student academic achievement andthe means by which the school and parents will developa partnership to help the students achieve the state’shigh standards. To the extent practicable, materialsmust be in a format and language understandable to theparents. (United States Department of Education, Officeof Elementary and Secondary Education, No Child LeftBehind: A Desktop Reference, Washington, D.C., 2002at 38)

Schools are also required to provide advocacy andoutreach for migratory children and their families onsuch topics as education, health, nutrition, and socialservices. They must also provide professional develop-ment opportunities for teachers and other programpersonnel, provide family literacy programs, integrateinformation technology, and facilitate the transition ofmigrant high school students to postsecondary educa-tion or employment.

The effectiveness of the migrant education programis assessed through the determination of adequateyearly progress, and the results are published in therequired state and school district report cards. (UnitedStates Department of Education, Office of Elementaryand Secondary Education, No Child Left Behind: ADesktop Reference, Washington, D.C., 2002 at 39)

TITLE I, PART DPREVENTION AND INTERVENTION

PROGRAMS FOR CHILDRENAND YOUTH WHO ARE NEGLECTED,

DELINQUENT, OR AT-RISK20 U.S.C. 6421

In order to improve the educational services availablefor neglected or delinquent children who have beenplaced in local and state institutions, financial assistancehas been provided through a series of programs knownas the prevention and intervention programs for childrenand youth who are neglected, delinquent, or at-risk. Thefinancial assistance is available to the institutions, tocommunity day programs, and to school districts thatcollaborate with locally operated correctional facilities.(20 U.S.C. 6421)

Funds are provided to states based on the number ofchildren in state-operated institutions and the state’seducational expenditure per student. The states in turnmake proportional subgrants to the various state agen-cies and entities. (20 U.S.C. 6431-6432)

Fund recipients are required to meet the educationalneeds of the children in their charge, assist in the transi-tion of these children from correctional facilities to locallyoperated programs, and ensure that these children are

given the same opportunities to achieve as if they werein local school districts. (20 U.S.C. 6434)

Once every three years, fund recipients must partici-pate in an evaluation program that disaggregates theparticipation data by gender, race, ethnicity, and age.The evaluation must also focus on the student’s ability tomaintain and improve educational achievement, acquirehigh school graduation credits, transition to a regulareducation program in a school setting, complete highschool and become gainfully employed, or participate inpostsecondary education and job-training programs. (20U.S.C. 6455)

TITLE I, PART ENATIONAL ASSESSMENT OF TITLE I

20 U.S.C. 6491The No Child Left Behind Act directs the United

States Secretary of Education to conduct a nationalassessment of the programs funded under the legisla-tion and their impact on states, on state education agen-cies, and on school districts. (20 U.S.C. 6491) Theassessment is to include the impact that the programswill have had on increasing student academic achieve-ment relative to the goal of all students reaching profi-ciency on state academic assessments. The assess-ment is also to focus on the types of programs and serv-ices that have demonstrated the greatest potential forhelping students reach the required achievement levels.More specifically, the United States Secretary of Educa-tion is directed to examine:

1. The implementation of programs assistedunder this title and the impact of such imple-mentation on increasing student academicachievement (particularly in schools with highconcentrations of children living in poverty),relative to the goal of all students reaching theproficient level of achievement based on stateacademic assessments, challenging stateacademic content standards, and challengingstate student academic achievement standardsunder Section 1111.

2. The types of programs and services that havedemonstrated the greatest likelihood of helpingstudents reach the proficient and advancedlevels of achievement based on state studentacademic achievement standards and stateacademic content standards.

3. The implementation of state academic stan-dards, assessments, and accountabilitysystems developed under this title, including:a. The time and cost required for the develop-

ment of academic assessments forstudents in grades 3 through 8;

b. How well such state assessments meetthe requirements for assessmentsdescribed in this title; and

c. The impact of such standards, assess-ments, and accountability systems oneducational programs and instruction at thelocal level.

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4. Each state’s definition of adequate yearlyprogress, including:a. The impact of applying this definition to

schools, local educational agencies, andthe state;

b. The number of schools and local educa-tional agencies not meeting this definition;and

c. The changes in the identification of schoolsin need of improvement as a result of suchdefinition.

5. How schools, local education agencies, andstates have:a. Publicized and disseminated local educa-

tion agency report cards to teachers,school staff, students, parents, and thecommunity;

b. Used funds made available under this titleto provide preschool and family literacyservices and the impact of these serviceson students’ school readiness;

c. Afforded parents meaningful opportunitiesto be involved in the education of theirchildren;

d. Used federal, state, and local educationagency funds and resources to supportschools and provide technical assistanceto improve the achievement of students inlow-performing schools, including theimpact of the technical assistance on suchachievement; and

e. Used state education agency and localeducation agency funds and resources tohelp schools in which 50 percent or moreof the students are from families withincomes below the poverty line meet therequirement of having all teachers highlyqualified not later than the end of the2005-06 school year.

6. The implementation of schoolwide programsand targeted assistance programs under thistitle and the impact of such programs onimproving student academic achievement,including the extent to which schools meet therequirements of such programs.

7. The extent to which varying models of compre-hensive school reform are funded and imple-mented under this title and the effect of theimplementation of such models on improvingachievement of disadvantaged students.

8. The costs as compared to the benefits of theactivities assisted under this title.

9. The extent to which actions are implemented bystate education agencies and local educationagencies in order to improve the academicachievement of students in low-performingschools and the effectiveness of the implemen-tation, including the following:a. The number of schools identified for school

improvement and how many years theschools remain in this status.

b. The types of support provided by the stateeducation agencies and local educationagencies to schools and local educationagencies respectively identified as in needof improvement, and the impact of suchsupport on student achievement.

c. The number of parents who take advantageof the public school choice provisions ofthis title, the costs (including transportationcosts) associated with implementing theseprovisions, the implementation of the provi-sions, and the impact of the provisions(including the impact of attending anotherschool) on student achievement.

d. The number of parents who choose to takeadvantage of the supplemental educationservices option, the criteria used by thestates to determine the quality of providers,the kinds of services that are available andutilized, the costs associated with imple-menting this option, and the impact ofreceiving supplemental education serviceson student achievement.

e. The implementation and impact of actionsthat are taken with regard to schools andlocal education agencies identified forcorrective action and restructuring.

10. The extent to which state and local fiscalaccounting requirements under this title affectthe flexibility of schoolwide programs.

11. The implementation and impact of the profes-sional development activities assisted underthis title and Title II on instruction, studentacademic achievement, and teacherqualifications.

12. The extent to which the assistance madeavailable under this title is targeted to disad-vantaged students, schools, and local educa-tion agencies with the greatest need.

13. The effectiveness of federal administrationassistance made available under this title,including monitoring and technical assistance.

14. The academic achievement of various groupsof students.

15. Such other issues as the Secretary of Educa-tion considers appropriate. (20 U.S.C.6491(a)(2))

An interim report is due in January 2005 and a finalreport is due in January 2007. (20 U.S.C. 6491(a)(6))

TITLE I, PART ECLOSE UP FELLOWSHIP PROGRAM

20 U.S.C. 6494The No Child Left Behind Act of 2001 also appropri-

ates funds to the Close Up Foundation of Washington,D.C., so that the foundation can carry out programsdesigned to increase the civic responsibility of partici-pants and increase their understanding of the federalgovernment. The funds allow the foundation to providefellowships for economically disadvantaged middle and

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secondary school students, with special considerationgiven to students with disabilities, ethnic minoritystudents, and students with migrant parents; profes-sional development programs for middle and secondaryschoolteachers and programs to increase civic respon-sibility and understanding among the teachers’ students;and fellowships for the new Americans program, whichserves economically disadvantaged students whosefamilies have immigrated to the United States within thepast five years. (20 U.S.C. 6494(a)-(c))

In return for the funds, the Close Up Foundation mustprovide an evaluation of the extent to which studentsactually achieve an increased understanding of thefederal government and a heightened sense of civicresponsibility and the extent to which teachers increasetheir ability to teach about civic responsibility, the federalgovernment, and responsible citizenship. Targetingprovisions were added to ensure that students from ruralareas, small towns, urban areas, and students withmigrant parents would have access to the program. (20U.S.C. 6494(d))

TITLE I, PART FCOMPREHENSIVE SCHOOL REFORM

20 U.S.C. 6511The purpose of the comprehensive school reform

program is to make funds available so that schools caninitiate reforms that are based on scientific research andthat include an emphasis on basic academics andparental involvement. (20 U.S.C. 6511) In order toreceive funds, a school must implement a reformprogram that:

1. Employs proven strategies and provenmethods for student learning, teaching, andschool management that are based on scien-tific research and effective practices and whichhave been replicated successfully in schools;

2. Integrates a comprehensive design for effectiveschool functioning, including instruction,assessment, classroom management, profes-sional development, parental involvement, andschool management, that aligns the school’scurriculum, technology, and professional devel-opment into a comprehensive school reformplan for schoolwide change designed to enableall students to meet challenging state contentand student academic achievement standardsand addresses needs identified through aschool needs assessment;

3. Provides high-quality and continuous teacherand staff professional development;

4. Includes measurable goals for studentacademic achievement and benchmarks formeeting such goals;

5. Is supported by teachers, principals, adminis-trators, school personnel, and other profes-sional staff;

6. Provides support for teachers, principals,administrators, and other school staff;

7. Provides for the meaningful involvement ofparents and the local community in planning,implementing, and evaluating school improve-ment activities;

8. Uses high-quality external technical supportand assistance from an entity that has experi-ence and expertise in schoolwide reform andimprovement, which may include an institutionof higher education;

9. Includes a plan for the annual evaluation of theimplementation of school reforms and thestudent results achieved;

10. Identifies other resources, including federal,state, local, and private resources, that will beused to coordinate services to support andsustain the comprehensive school reformeffort; and

11. a. Has been found, through scientific researchto significantly improve the academicachievement of students participating insuch program as compared to students inschools who have not participated in suchprogram; or

b. Has been found to have strong evidencethat such program will significantly improvethe academic achievement of participatingchildren. (20 U.S.C. 6516)

The comprehensive school reform program is a stateformula grant program that is based on each state’s TitleI allocation. State education agencies in turn makecompetitive grants available to school districts on behalfof specific schools. Priority must be given to schoolsthat have been identified for Title I school improvement.

TITLE I, PART GADVANCED PLACEMENT

20 U.S.C. 6531Title I, Part G, is designed to raise academic stan-

dards through advanced placement programs and toincrease the number of students, particularly low-incomestudents, who take advanced placement classes. Title I,Part G, includes two separate programs. Under theadvanced placement test fee program, grants areawarded to states to pay test fees for low-incomestudents enrolled in advanced placement courses. Thefunds are allocated based on the number of low-incomestudents in the state in relation to the total number oflow-income students in the nation. (20 U.S.C. 6534)

The second program is called the advanced place-ment incentive program. It consists of one-year to three-year competitive grants that are awarded to state educa-tion agencies, school districts, and national nonprofiteducational entities with expertise in advanced place-ment services. (20 U.S.C. 6535)

In addition to expanding access and increasingparticipation, the grants can be used for teacher training,for developing “preadvanced placement” and advancedplacement courses, for coordinating and articulatingcurricula between grade levels, for books and supplies,and for promoting on-line advanced placement

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coursetaking for students who attend schools that areunable to offer advanced placement classroom courses.(20 U.S.C. 6535(d))

Grant recipients must file an annual report with theUnited States Secretary of Education governing thenumber of students who are participating in advancedplacement courses by subject area and by studentdemographic characteristics. (20 U.S.C. 6535(f))

TITLE I, PART HSCHOOL DROPOUT PREVENTION

20 U.S.C. 6551The school dropout prevention program is designed

to assist schools having dropout rates in excess of theschools’ state average. The program provides grants tostate education agencies and to local school districts sothat they can implement effective, research-basedschool dropout prevention and reentry programs. Thegrants may be used for professional development,student-teacher ratio reductions, counseling andmentoring for at-risk students, and comprehensiveschool reform. (20 U.S.C. 6555)

Grant recipients must provide annual reports to theUnited States Secretary of Education regarding theirprograms and activities and must provide dropout rateinformation that is disaggregated by race and ethnicity.(20 U.S.C. 6561(i))

TITLE I, PART IGENERAL PROVISIONS

20 U.S.C. 6571The general provisions of Title I set forth regulatory

and administrative requirements and include provisionsregarding state and local flexibility and the developmentof regulations implementing the No Child Left Behind Act.The provisions authorize the United States Secretary ofEducation to issue regulations and further provide thatbefore the Secretary may publish proposed regulationsin the federal register, the Secretary must obtain theadvice and recommendations of representatives offederal, state, and local administrators, parents, teach-ers, paraprofessionals, and members of local schoolboards and other organizations involved with the imple-mentation and operation of programs under this title.Such advice and recommendations may be obtainedthrough mechanisms such as regional meetings andelectronic exchanges of information. (20 U.S.C.6571(a)-(b))

In order to ensure the maximum level of state andlocal flexibility in specific areas, the provisions prohibitthe federal government from mandating “specific instruc-tional content, academic achievement standards andassessments, curriculum, or program of instruction,”and they state that nothing in Title I requires equalizedspending for a state, school district, or school. Theyalso require that state rules, regulations, and policiesrelated to Title I be minimal, that they conform to thepurposes of Title I, and that they be reviewed by acommittee of practitioners created by the state to help it

carry out its responsibilities under Title I. (20 U.S.C.6575-6576)

Each state that receives funds is also required toensure that the state rules conform to the purposes ofthe title and to provide the proposed rules to a committeeof practitioners for advice. The majority of thecommittee must be made up of representatives fromschool districts. The remainder of the committee mustbe made up of administrators, teachers, parents, schoolboard members, representatives of private schoolstudents, and student services personnel. Before publi-cation of any proposed rule under this title, thecommittee must conduct a review of that rule. (20U.S.C. 6573(b))

TITLE IIPREPARING, TRAINING, AND

RECRUITING HIGH QUALITY TEACHERSAND PRINCIPALS

PART A - TEACHER AND PRINCIPALTRAINING AND RECRUITING FUND

20 U.S.C. 6601The improving teacher quality state grants program is

designed to increase student achievement by improvingthe quality of teachers and principals and by increasingthe number of highly qualified classroom teachers andthe number of highly qualified principals and assistantprincipals. (20 U.S.C. 6601) The program requires theuse of scientifically based professional developmentinterventions and holds school districts and schoolsaccountable for improvements in student academicperformance. The program recognizes that differentdistricts face different challenges regarding teacherquality and therefore maintains great flexibility withrespect to how the funds are to be used. (United StatesDepartment of Education, Office of Elementary andSecondary Education, No Child Left Behind: A DesktopReference, Washington, D.C., 2002 at 57)

Each state must submit an application for funds tothe United States Secretary of Education. (20 U.S.C.6612) The funds are allocated according to a formulathat takes into account the number of schoolage childrenin the state and the number of children in poverty in eachstate. A state may set aside up to 1 percent of theallotted funds for administrative purposes and up to 2.5percent of the allotted funds for state-directed teacherquality activities. A state must distribute 95 percent ofthe funds to school districts on the basis of a formulathat takes into account the number of schoolage childrenand the number of children in poverty in each district.The remaining funds are set aside for competitivesubgrants to partnerships of high-need districts, toschools of arts and sciences, and to teacher preparationcolleges at institutions of higher education. (20 U.S.C.6613)

School districts may use the funds to:1. Develop and implement mechanisms to assist

in effectively recruiting and retaining highly quali-fied teachers, including specialists in core

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academic subjects, principals, and studentservices personnel;

2. Provide scholarships, signing bonuses, or otherfinancial incentives, such as differential pay forteachers who teach academic subjects inwhich there exist shortages of highly qualifiedteachers within a school or school district;

3. Recruit and hire highly qualified teachers toreduce class size, particularly in the earlygrades;

4. Establish programs that train and hire regularand special education teachers, and whichrecruit professionals from other fields andprovide them with alternate routes to teachercertification; and

5. Provide professional development activities.Tenure reform, merit pay programs, and testingof elementary and high school teachers arealso specifically mentioned as acceptable usesfor the grant funds. (20 U.S.C. 6623)

The goal for participating states is to use the funds toensure that all teachers are “highly qualified” by the endof the 2005-06 school year. Each state must file anannual report regarding the performance measures thatindicate the percentage of teachers who are highly quali-fied and the percentage of teachers who are participatingin high-quality professional development in order tobecome highly qualified. The ultimate measurement forthe success of this program is student achievementand, specifically, increases in the percentage of studentswho are proficient in reading by the end of the third gradeand increases in the percentage of students whograduate from high school. (United States Departmentof Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington D.C., 2002 at 58)

TITLE II, PART ASUBPART 5 - NATIONAL ACTIVITIES

20 U.S.C. 6651National Teacher Recruitment Campaign20 U.S.C. 6651(a) authorizes the United States

Secretary of Education to establish and carry out anational teacher recruitment campaign to assist high-need school districts in recruiting teachers. The Secre-tary is to conduct a national public service campaignconcerning the resources for and the routes to enteringthe field of teaching. The Secretary is also directed tocoordinate activities under this section with state andregional recruitment activities.

School Leadership20 U.S.C. 6651(b) authorizes the United States

Secretary of Education to establish and carry out anational principal recruitment campaign to assist high-need local school districts in recruiting and training prin-cipals. The program allows for financial incentives to beprovided to aspiring new principals, for stipends to bepaid to principals willing to mentor new principals, forfunds to carry out various professional development

programs, and for incentives that are appropriate forteachers or individuals from other fields who wish tobecome principals.

Advanced Certification orAdvanced Credentialing

20 U.S.C. 6651(c) authorizes the United StatesSecretary of Education to implement a discretionarygrant program that provides funds for teachers seekingadvanced certification or credentialing. The funds aremade available to state education agencies, schooldistricts, the National Board for Professional TeachingStandards in partnership with a high-need district or astate education agency, the National Council on TeacherQuality in partnership with a high-need district or a stateeducation agency, and to any other recognized certifica-tion or credentialing organization in partnership with ahigh-need district or a state education agency.

Special Education Teacher Training20 U.S.C. 6651(d) authorizes the United States

Secretary of Education to award a grant to the Universityof Northern Colorado to enable that institution to provideto other institutions of higher education assistance intraining special education teachers.

Early Childhood Educator ProfessionalDevelopment

20 U.S.C. 6651(e) authorizes the United StatesSecretary of Education to provide a discretionary grantprogram that is designed to enhance the school readi-ness of young children, particularly disadvantaged youngchildren, and to prevent such children from encounteringdifficulties once they enter school, by improving theknowledge and skills of early childhood educators whowork in communities having high concentrations of chil-dren living in poverty. The program makes two-yeargrants available to:

1. Institutions of higher education or other public orprivate entities that provide professional devel-opment for early childhood educators who workwith children from low-income families in high-need communities;

2. State and local public agencies, Head Startagencies, or private organizations; and

3. Entities that have demonstrated experience inproviding training to educators in early childhoodeducation programs in identifying andpreventing behavior problems in children orworking with children who are victims orsuspected to be victims of abuse.

Applicants must describe the needs of the commu-nity to be served, provide information regarding thequality of the early childhood educator professionaldevelopment program currently being conducted,conduct and provide the results of a needs assessment,describe the types of professional development activitiesthat will be carried out, and describe how the project willbe coordinated with other early childhood education

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professional development activities already existing inthe community. (20 U.S.C. 6651(e)(3))

The funds must be used to carry out activities thatwill improve the knowledge and skills of early childhoodeducators who are working in programs based in high-need communities that serve concentrations of childrenfrom low-income families. Those activities may includeprofessional development in: (1) the application of recentresearch on child, language and literacy development,and early childhood pedagogy; (2) working with parents;(3) working with children who have limited English profi-ciency, disabilities, and other special needs; and (4)identifying and preventing behavioral problems in chil-dren or working with children suspected to be victims ofabuse. Other allowable activities include assisting andsupporting educators during their first three years; usingdistance learning to support professional development;and selecting and using screening and diagnosticassessments to improve teaching and learning. Theprogram also supports data collection, evaluation, andreporting on meeting the achievement indicators estab-lished by the Secretary. (20 U.S.C. 6651(e)(5))

TITLE II, PART BMATHEMATICS AND SCIENCE

PARTNERSHIPS20 U.S.C. 6661

The purpose of the mathematics and science part-nerships program is to provide competitive grants topartnerships for professional development, teacherrecruitment, and curriculum redesign in the areas ofmathematics and science. (20 U.S.C. 6661(a)) Theprogram is a jointly funded initiative supported by theUnited States Secretary of Education and the NationalScience Foundation. The grants are targeted to partner-ships that consist of high-need school districts anduniversity science, mathematics, and engineeringschools that share responsibility for training andeducating teachers of mathematics and science.

If the program is funded at less than $100 millionannually, the United States Secretary of Education willaward competitive grants directly to eligible partnerships.If the program receives more than $100 million annually,the Secretary will allocate funds directly to states byformula so that they can award subgrants to eligible part-nerships. The grants are awarded for a period of threeyears and are contingent upon the recipients institutingreforms that are aligned with academic standards inmathematics and science, engaging in activities that arebased on scientific research, carrying out reforms,creating an accountability plan, and agreeing to continuethe reforms after federal funding has ended. (20 U.S.C.6662)

TITLE II, PART C INNOVATION FOR TEACHER QUALITY

20 U.S.C. 6671 ET SEQ. Troops-to-Teachers Program

The troops-to-teachers program is designed to assisteligible members of the armed forces in becominglicensed to teach and to facilitate the employment ofthose individuals by school districts that are identified ashaving high concentrations of children from low-incomefamilies or that are experiencing a shortage of highlyqualified teachers, particularly in the areas of mathemat-ics, science, special education, or vocational and tech-nical education.

The troops-to-teachers program is funded throughthe United States Department of Education, which trans-fers the funds to the United States Department ofDefense. The program does not provide participantswith preservice training to become licensed teachers,but provides guidance on how to obtain such licenses,maintains a nationwide teacher referral system, andmaintains placement offices in 24 states. Eligible partici-pants may receive up to $5,000 to pay for licensingcosts or may receive a bonus of $10,000 if they teachfull-time in a high-need school for at least three years.(20 U.S.C. 6671-6677)

Transition to Teaching ProgramThe transition to teaching program is a competitive

grant program designed to recruit and retain highly quali-fied midcareer professionals, including paraprofession-als, and recent college graduates to teach in high-needschools. The program also encourages the develop-ment and expansion of alternative routes to certificationunder state-approved programs that enable individuals tobe eligible for teacher certification within a reducedperiod of time.

This program provides competitive five-year grants tostate education agencies, high-need school districts,and for-profit or nonprofit groups that have been effectiveat recruiting and retaining high-quality teachers in part-nership with a state education agency or a high-needdistrict, institutions of higher education in partnershipwith a state education agency or high-need district, aconsortium of state education agencies, or a consortiumof high-need districts.

The funds must be used for at least two of thefollowing activities:

1. Scholarships, stipends, bonuses, and otherfinancial incentives (for an amount limited to$5,000 per person) that are linked to participa-tion in activities that have proven effective inretaining teachers in high-need schools;

2. Placement activities;3. Preplacement and postplacement induction and

support services;4. Payments to cover the costs of providing finan-

cial incentives to individuals or the costs ofaccepting teachers recruited;

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5. Collaboration with institutions of higher educa-tion in developing and implementing teacherrecruitment and retention programs;

6. Programs that have proven to be effective inrecruitment and retention; and

7. Development of long-term recruitment andretention strategies. However, all projects mustinclude activities that lead to the hiring of eligibleparticipants as teachers in high-need schoolsand which provide these individuals the followupsupport they need to succeed in their newcareers. (20 U.S.C. 6683(g))

Every project funded through the transition toteaching program must conduct an interim and a finalevaluation. If a project has not made substantialprogress in meeting the goals and objectives of its grantby the end of the third year, the project will not receive itsfunding for the fourth and fifth years. (20 U.S.C. 6684)

National Writing ProjectThe National Writing Project is a nonprofit educa-

tional organization that has as its primary purposes theimprovement of student writing and learning, theimprovement of teaching to write, and the use of writingas part of the learning process. (United States Depart-ment of Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 77) 20 U.S.C. 6702 author-izes the United States Secretary of Education to make anoncompetitive grant to the National Writing Project forthe purpose of providing professional development activi-ties to teachers and educating them in how to effectivelyteach writing to students. The professional developmentactivities are open to teachers from all disciplines andare conducted during the school year and summermonths.

Civic EducationThe civic education program is designed to improve

the quality of civics and government education byeducating students about the history and principles ofthe Constitution of the United States, fostering civiccompetence and responsibility, and improving the qualityof civic education and economic education throughcooperative programs with emerging democracies. (20U.S.C. 6712) The program authorizes the United StatesSecretary of Education to provide a noncompetitive grantto the Center for Civic Education to carry out civiceducation activities, a noncompetitive grant to theNational Council on Economic Education to carry outeconomic education activities, and grants or contracts toother organizations to carry out international civic educa-tion activities. (20 U.S.C. 6713)

Teaching of Traditional American History20 U.S.C. 6721 authorizes the United States Secre-

tary of Education to establish and implement theteaching American history grant program. Under theprogram, the Secretary may provide direct competitivegrants to school districts to support student achievementby improving teachers’ knowledge, understanding, and

appreciation of American history and most importantly,to promote the teaching of American history as a sepa-rate academic subject and not as a component of socialstudies. (20 U.S.C. 6721)

TITLE II, PART CSUBPART 5 - TEACHER LIABILITY

PROTECTION20 U.S.C. 6731

This section is designed to provide teachers, princi-pals, and other school professionals with the tools theyneed to undertake reasonable actions to maintain order,discipline, and an appropriate educational environment.(20 U.S.C. 6732) It also protects educators from liabilityfor harm they may cause while disciplining students andlimits the awarding of punitive damages against them, aslong as they are acting within the scope of their employ-ment and in accordance with applicable federal, state,and local laws, including civil rights laws. (20 U.S.C.6736)

TITLE II, PART DENHANCING EDUCATION THROUGH

TECHNOLOGY 20 U.S.C. 6752

Technology can be used to enhance curricula andengage students in learning. In addition, the job marketincreasingly demands technology skills for new workers.Consequently, Congress created a new program withthe following purposes:

1. To provide assistance to states and localitiesfor the implementation and support of acomprehensive system that effectively usestechnology in elementary schools and secon-dary schools to improve student academicachievement.

2. To encourage the establishment or expansionof initiatives, including initiatives involving public-private partnerships, designed to increaseaccess to technology, particularly in schoolsserved by high-need local education agencies.

3. To assist states and localities in the acquisition,development, interconnection, implementation,improvement, and maintenance of an effectiveeducational technology infrastructure in amanner that expands access to technology forstudents (particularly for disadvantagedstudents) and teachers.

4. To promote initiatives that provide schoolteach-ers, principals, and administrators with thecapacity to integrate technology effectively intocurricula and instruction that are aligned withchallenging state academic content and studentacademic achievement standards through suchmeans as high-quality professional develop-ment programs.

5. To enhance the ongoing professional develop-ment of teachers, principals, and administratorsby providing constant access to training and

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updated research in teaching and learningthrough electronic means.

6. To support the development and utilization ofelectronic networks and other innovative meth-ods, such as distance learning, of deliveringspecialized or rigorous academic courses andcurricula for students in areas that would nototherwise have access to such courses andcurricula, particularly in geographically isolatedregions.

7. To support the rigorous evaluation of programsfunded under this part, particularly regarding theimpact of such programs on student academicachievement, and ensure that timely informationon the results of such evaluations is widelyaccessible through electronic means.

8. To support local efforts using technology topromote parent and family involvement ineducation and to promote communicationamong students, parents, teachers, principals,and administrators. (20 U.S.C. 6752)

The educational technology state grants programprovides formula grants to states. States may use up to5 percent of the funds for state-level activities, and theymust distribute one-half of the remaining funds byformula to school districts based on each district’s shareof funds under Part A of Title I and the other half to high-need districts or partnerships that include high-needdistricts on a competitive basis.

School districts are required to expend 25 percent ofthe funds they receive for professional development. Adistrict may be exempted from this requirement if thestate determines that the district already provides high-quality professional development in the integration oftechnology.

State education agencies are required to have statetechnology plans that include goals for the use of tech-nology and strategies that the state will use to prepareteachers in the use of technology. States are alsorequired to provide technical assistance and to evaluatethe effectiveness of the grants. (United States Depart-ment of Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 87)

TITLE II, PART DREADY-TO-LEARN TELEVISION

20 U.S.C. 6775The United States Secretary of Education is author-

ized by this section to award grants to or enter intocontracts with public telecommunications entities:

1. To develop, produce, and distribute educationaland instructional video programming forpreschool and elementary schoolchildren andtheir parents in order to facilitate studentacademic achievement;

2. To facilitate the development, directly or throughcontracts with producers of children’s andfamily educational television programming, ofeducational programming for preschool and

elementary schoolchildren, and the accompa-nying support materials and services thatpromote the effective use of suchprogramming;

3. To facilitate the development of programmingand digital content containing ready-to-learn-based children’s programming and resourcesfor parents and caregivers that is speciallydesigned for nationwide distribution over publictelevision stations’ digital broadcasting channelsand the Internet;

4. To contract with entities, such as public tele-communications entities, so that programsdeveloped under this section are disseminatedand distributed to the widest possible audienceappropriate to be served by the programmingand through the use of the most appropriatedistribution technologies; and

5. To develop and disseminate education andtraining materials, including interactiveprograms and programs adaptable to distancelearning technologies, that are designed:a. To promote school readiness; andb. To promote the effective use of materials

among parents, teachers, Head Startproviders, even start providers, providers offamily literacy services, child careproviders, early childhood developmentpersonnel, elementary schoolteachers,public libraries, and afterschool programpersonnel caring for preschool and elemen-tary schoolchildren.

(20 U.S.C. 6775)In order to receive funds under this section, eligible

telecommunications entities must apply to the UnitedStates Secretary of Education and must demonstratethat they have the:

1. Capacity to develop and nationally distributeeducational and instructional televisionprogramming of high quality that is accessibleby a large majority of disadvantaged preschooland elementary schoolchildren;

2. Capacity to contract with producers of chil-dren’s television programming for the purposeof developing educational television program-ming of high quality;

3. Capacity to negotiate contracts so that anappropriate share of any ancillary income fromsales of program-related products are returnedto the entity; and

4. Capacity to localize programming and materialsto meet specific state and local needs and toprovide local educational outreach.

(20 U.S.C. 6775(a)(3))The programs must be made widely available to

young children, parents, child care workers, Head Startproviders, even start providers, and providers of familyliteracy services. (20 U.S.C. 6775(a)(4))

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TITLE IIILANGUAGE INSTRUCTION FOR

LIMITED ENGLISH PROFICIENT AND IMMI-GRANT STUDENTS

20 U.S.C. 6811The language instruction for limited English proficient

and immigrant students program is designed to ensurethat children who are limited English proficient, includingimmigrant children, attain English proficiency, develophigh levels of academic attainment, and meet the samechallenging state academic content and studentachievement standards as all other students. It is alsodesigned to develop high-quality language instructionprograms, to assist state education agencies and schooldistricts in their ability to provide quality programming,and to promote parental and community participation inlanguage instruction programs. (20 U.S.C. 6812)

If the appropriation exceeds $650 million, the UnitedStates Secretary of Education determines formula allo-cations based on a state’s share of limited English profi-cient students and recent immigrant students. Stateeducation agencies must in turn expend at least 95percent of their allotment in the form of formulasubgrants to school districts. Up to 15 percent must bereserved for school districts that have experiencedsignificant increases in the number or percentage ofimmigrant students. If a state does not apply for itsgrant, the Secretary of Education may provide competi-tive grants directly to school districts. (20 U.S.C. 6821)

If the appropriation is less than $650 million, the legis-lation authorizes three discretionary grant programs forinstructional services, four support services programs, aprofessional development program, and immigranteducation formula grants.

In order to receive funds, state education agenciesmust submit a plan to the United States Secretary ofEducation that describes the process to be used fordetermining subgrants, the establishment of standardsand objectives for raising the level of English proficiency,and accountability procedures regarding annual achieve-ment objectives and adequate yearly progress for limitedEnglish proficient children. (20 U.S.C. 6823) Schooldistricts are required to use the funds to provide high-quality language instruction programs and professionaldevelopment opportunities geared toward improving theinstruction and assessment of limited English proficientstudents. (20 U.S.C. 6825)

TITLE IV – 21ST CENTURY SCHOOLSTITLE IV, PART A

SAFE AND DRUG-FREE SCHOOLSAND COMMUNITIES

20 U.S.C. 7102The purpose of the Safe and Drug-Free Schools and

Communities Act is to prevent violence in and aroundschools, prevent the illegal use of alcohol, tobacco, anddrugs, and to foster a safe and drug-free learning

environment that supports student academic achieve-ment. (20 U.S.C. 7101)

The program has two principal components--thestate grant program and the national program. The stategrant component provides funds to both the state educa-tion agency and the office of the Governor. State educa-tion agency funds are in turn provided to school districtsand may be used for a wide variety of drug and violenceprevention activities and strategies. Up to 5 percent ofsuch funds may be set aside for state-level activities,including technical assistance and training, evaluation,and program improvement services. (20 U.S.C.7112(c)) Funds forwarded to the office of the Governormay be awarded to school districts and communitygroups that provide services to students with specialneeds, such as those who have dropped out, those whohave been suspended or expelled, and those who arehomeless, pregnant, or parenting. (20 U.S.C. 7112)

In order to be deemed eligible for funds, states mustdevelop a coordinated, comprehensive plan for how thefunds will be used. A needs assessment must beconducted and assurances must be given that newactivities will not duplicate already existing activities. (20U.S.C. 7113)

Any funds received under this section must supple-ment, not supplant, other prevention funding.

The national program component provides fundingfor demonstration projects, special initiatives, technicalassistance, evaluation, and other efforts designed toimprove drug and violence prevention. It includes grantsto school districts and community organizations toassist localities most directly affected by hate crimes inactivities such as the development of education andtraining programs to prevent hate-motivated crimes andconflicts and the improvement of conflict-resolutionskills on the part of both students and staff. (20 U.S.C.7131)

Grants are also available to school districts for thehiring and training of drug-prevention and school-safetycoordinators in schools having significant drug andsafety problems. Formula grants are available to statesfor operating programs under which expelled orsuspended students are required to perform communityservice. (20 U.S.C. 7131)

In addition, the national program authorizes theDepartments of Education, Justice, and Energy to estab-lish a resource center for the purpose of providingschool districts with school security assessments,security technology development, implementation, andevaluation, and technical assistance relating to improve-ments in school security. (20 U.S.C. 7137)

The Departments of Education and Justice are alsoauthorized to establish a national center for school andyouth safety. The center is to coordinate services andactivities related to school safety, including emergencyresponses, anonymous student hotlines, consultations,and the provision of information and outreach services.Special attention is to be given to providing outreachservices in rural and impoverished communities. (20U.S.C. 7138)

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Competitive grants to school districts are authorizedfor the development and implementation of programs toreduce alcohol abuse at the high school level and formentoring programs aimed at children who are at risk ofeducational failure, dropping out of school, or involve-ment in criminal or delinquent activities, or who lackstrong positive role models. The programs must bedesigned to link these children living in rural areas, high-crime areas, or troubled home environments or thoseexperiencing educational failure with trained mentors.Funds may be used for activities such as hiring andtraining coordinators and recruiting, screening, andtraining mentors but may not be used to compensatementors. (20 U.S.C. 7139)

TITLE IV, PART A SUBPART 3 - GUN POSSESSION -

GUN-FREE REQUIREMENTS20 U.S.C. 7151

The Gun-Free Schools Act requires each state thatreceives funds under the No Child Left Behind Act tohave in effect a state law requiring school districts toexpel from school for at least one year any student whobrings a firearm to a school or who possesses a firearmat school. The law must also contain a provision thatallows the school district superintendent to modify theexpulsion on a case-by-case basis. (20 U.S.C. 7151)

TITLE IV, PART B21ST CENTURY COMMUNITY

LEARNING CENTERS20 U.S.C. 7171

The 21st century community learning centersprogram provides for the establishment or expansion ofcommunity activities that provide afterschool opportuni-ties for academic enrichment, such as tutorial services,and which offer students a broad array of additional serv-ices, programs, and activities such as youth develop-ment activities, drug and violence prevention programs,counseling programs, art, music, and recreationprograms, technology education programs, and char-acter education programs. The program is a state-administered discretionary grant program and funding isavailable to school districts, community-based and faith-based organizations, and government entities, as well asother public or private entities. (20 U.S.C. 7171(a))

Successful grantees must ensure that fundedcommunity learning centers will be sustained afterconclusion of the grant period, that the transportationneeds of participating students will be addressed, thatchildren’s needs will be met by involving a wide array ofindividuals and groups in the application process,including the chief state school officer, officials of otherstate agencies administering before and afterschoolprograms, and the heads of the state health and mentalhealth agencies or their designees, and representativesof teachers, parents, students, the business community,and community-based organizations. (20 U.S.C.7173-7175)

TITLE IV, PART CENVIRONMENTAL TOBACCO SMOKE

20 U.S.C. 7181Under 20 U.S.C. 7181 et seq., smoking is prohibited

in buildings used to provide children under 18 years ofage with regular or routine health care, day care, educa-tion, or library services that are funded directly or throughthe United States Department of Education, the Depart-ment of Health and Human Services, or the Departmentof Agriculture special supplemental nutrition program forwomen, infants, and children. It applies to states, coun-ties, school districts, state and local agencies, schools,and any individual, corporation, or partnership that owns,operates, controls, or provides children’s services. Itdoes not apply to private homes or parts of buildingsused to provide inpatient treatment for drug and alcoholaddiction. (20 U.S.C. 7181-7184)

TITLE VPROMOTING INFORMED PARENTAL

CHOICE AND INNOVATIVE PROGRAMSPART A - INNOVATIVE PROGRAMS

20 U.S.C. 7201Part A of TItle V provides grants to support local

education reform efforts that:1. Are consistent with and supportive of statewide

education reform efforts;2. Enable state education agencies and local

school districts to implement educationalreform programs and school improvementprograms based on scientific research;

3. Provide a continuing source of innovation andeducational improvement, including supportprograms to provide library services andinstructional and media materials;

4. Meet the educational needs of all students,including at-risk youth; and

5. Develop and implement educational programsto improve school, student, and teacherperformance, including professional develop-ment activities and class size reductionprograms. (20 U.S.C. 7201)

Primary responsibility for the administration of fundsmade available under this part is given to each stateeducation agency. However, the legislation states that “itis the intent of Congress that the responsibility be carriedout with a minimum of paperwork and that the responsi-bility for the design and implementation of programsassisted under this part be mainly that of local educa-tional agencies, school superintendents and principals,and classroom teachers and supporting personnel,because local educational agencies and individuals havethe most direct contact with students and are most likelyto be able to design programs to meet the educationalneeds of students in their own school districts.”(20 U.S.C. 7201(b))

Program funds are allocated by formula, according toeach state’s share of the school-age population. Eachstate receives at least one-half of 1 percent of the total

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funding. States must award subgrants totaling at least85 percent of the funds received to school districtsbased on the relative enrollments in public and privateschools. State education agencies may use their shareof program funds to support school choice options,school renovations, or technology, or to implement otherstate reforms. (United States Department of Education,Office of Elementary and Secondary Education, NoChild Left Behind: A Desktop Reference, Washington,D.C., 2002 at 107)

TITLE V, PART BPUBLIC CHARTER SCHOOLS

20 U.S.C. 7221Part B of Title V is designed to increase the national

understanding of the charter schools model by:1. Providing financial assistance for the planning,

program design, and initial implementation ofcharter schools;

2. Evaluating the effects of such schools,including the effects on students, studentacademic achievement, staff, and parents;

3. Expanding the number of high-quality charterschools available to students across the nation;and

4. Encouraging states to provide support tocharter schools for facilities financing in anamount more nearly commensurate to theamount the states have typically provided fortraditional public schools. (20 U.S.C. 7221)

Charter schools were developed in the early 1990swith the intent of increasing local control, allowingteachers greater flexibility for innovation, and providingstudents increased educational options within the publicschool system. As of 2002, 36 states, the District ofColumbia, and Puerto Rico have charter school laws.Approximately 575,000 students receive their educationin public charter schools.

The public charter school program provides competi-tive grants to states and to individual charter schools.Recipients must demonstrate that the grant will assisteducationally disadvantaged students and other studentsin meeting the state’s academic standards. Grants maybe used for planning, program design, implementation,and dissemination. (United States Department ofEducation, Office of Elementary and Secondary Educa-tion, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 109)

TITLE V, PART B CREDIT ENHANCEMENT INITIATIVES

TO ASSIST CHARTER SCHOOL FACILITYACQUISITION, CONSTRUCTION, AND

RENOVATION20 U.S.C. 7223

Grants are also made available to newly createdcharter schools to assist with the acquisition, construc-tion, or renovation of facilities. The grants arecompetitive and are available to private, nonprofit

organizations, public entities, or consortia. (20 U.S.C.7223)

A state education agency may apply as a public entityor may enter into a consortium with a nonprofit entity oranother public entity. Grant recipients may reserve one-quarter of 1 percent of the grant for administrative costs.The remainder, however, must be deposited in a reserveaccount and used to guarantee or ensure debt incurredin the acquisition, construction, or renovation. (UnitedStates Department of Education, Office of Elementaryand Secondary Education, No Child Left Behind: ADesktop Reference, Washington, D.C., 2002 at 11-112)

TITLE V, PART BVOLUNTARY PUBLIC SCHOOL CHOICE

PROGRAMS20 U.S.C. 7225

The voluntary public school choice program helpsstates and local school districts implement public schoolchoice policies by providing funds for student transporta-tion, tuition transfer payments to the schools thatstudents choose to attend, increasing the capacity ofhigh-demand schools to serve greater numbers ofstudents, and disseminating information about openenrollment options. (20 U.S.C. 7225a)

Competitive awards are made available to stateeducation agencies, school districts, or partnerships thatinclude a state education agency or a school district andanother organization. The grants may be used to estab-lish or expand programs that provide students andparents with greater public school choice. Grants areavailable for up to five years, one of which may be usedfor planning or program design.

In awarding grants, the United States Secretary ofEducation is directed to give priority to programs thatprovide the widest variety of choices to all students inparticipating schools, that have the greatest impact inallowing students in low-performing schools to attendhigher-performing schools, and that seek to implementan interdistrict approach to school choice. (20 U.S.C.7225(c))

TITLE V, PART CMAGNET SCHOOLS ASSISTANCE

20 U.S.C. 7231A magnet school is defined in 20 U.S.C. 7231(1) as

“a public elementary school, public secondary school,public elementary education center, or public secondaryeducation center that offers a special curriculum capableof attracting substantial numbers of students of differentracial backgrounds.”

The magnet schools assistance program providesgrants to establish and operate magnet schools inschool districts that are under a court-ordered or feder-ally approved voluntary desegregation plan. Under theprogram, discretionary grants are awarded to schooldistricts or to consortia of districts to support magnetschools that are part of an approved desegregation planand that are designed to bring students from different

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social, economic, ethnic, and racial backgroundstogether. (20 U.S.C. 7231(b)) Funding priority is givento applicants that demonstrate the greatest need forassistance, that propose to carry out new or significantlyrevised magnet school programs, and that propose toselect students to attend magnet school programs bymethods such as a lottery, rather than through academicexamination. (20 U.S.C. 7231(e))

Recipients must use the funds to reduce, eliminate,or prevent minority group isolation, increase studentacademic achievement, continue the magnet schoolprogram after assistance is no longer available, andimplement services to improve the academic achieve-ment of all students attending the magnet schoolprogram. Funds may be spent on supporting activitiesthat are directly related to improving student academicachievement based on the state’s challenging academiccontent standards and student achievement standardsor activities that are directly related to improving studentreading skills or knowledge of mathematics, science,history, geography, English, foreign languages, art, ormusic. Funds may also be spent on activities toimprove vocational, technological, and professionalskills. (20 U.S.C. 7231(f))

TITLE V, PART DFUND FOR THE IMPROVEMENT

OF EDUCATION20 U.S.C. 7243

Part D of Title V authorizes the United States Secre-tary of Education to support nationally significantprograms designed to improve the quality of elementaryand secondary education at the state and local levelsand to help all children meet challenging state academiccontent and student academic achievement standards.The Secretary may either carry out such programsdirectly, or by means of grants to, or contracts with stateor local educational agencies, institutions of highereducation, and other public and private agencies andentities. (20 U.S.C. 7243(a))

The funds may be used to:1. Promote systemic education reform at the state

and local levels, including scientific research,development, and evaluation designed toimprove student academic achievement strate-gies for effective parent and communityinvolvement;

2. Promote programs at the state and local levelsthat are designed to yield significant results,including programs to explore approaches topublic school choice and school-baseddecisionmaking;

3. Recognize programs at the state and locallevels that have made the greatest progress inimproving the academic achievement ofeconomically disadvantaged students andstudents from major racial and ethnic minoritygroups, and in closing the academic achieve-ment gap for those groups of students farthest

away from the proficient level on the academicassessments administered by the state;

4. Evaluate education reform strategies and inno-vations, and the dissemination of information onthe effectiveness of such strategies andinnovations;

5. Identify and recognize exemplary schools andprograms;

6. Support scholar-athlete games programs,including the World Scholar-Athlete Games andthe United States Scholar-Athlete Games;

7. Promote programs designed to increase voterparticipation in American elections, such as theNational Student/Parent Mock Elections andKids Voting USA;

8. Conduct demonstrations regarding the planningand evaluation of programs under which localschool districts contract with private manage-ment organizations to reform schools; and

9. Support other programs that meet the purposesof this Act. (20 U.S.C. 7243(b))

TITLE V, PART DSUBPART 2 - ELEMENTARYAND SECONDARY SCHOOL

COUNSELING PROGRAM20 U.S.C. 7245

The elementary and secondary school counselingprogram provides discretionary grants to assist schooldistricts in establishing or expanding counselingprograms. (20 U.S.C. 7245(a))

If the appropriation is less than $40 million any fiscalyear, the program focuses on counseling in elementaryschools and, if the appropriation for the programexceeds $40 million in any fiscal year, the program maybe expanded to counseling in high schools. (20 U.S.C.7245(g))

Special consideration is given to applicants whodemonstrate the greatest need for new or additionalcounseling services, propose the most promising andinnovative approaches, and show the greatest potentialfor replication and dissemination. In addition, grantsmust be equitably distributed among geographic regionsand among urban, suburban, and rural districts. Theprincipal use of grant funds will be to support the hiringand training of qualified school counselors, schoolpsychologists, child and adolescent psychiatrists, andsocial workers for schools.

School districts that receive the grants are requiredto work toward ratios of one school counselor for every250 students, one school social worker for every 800students, and one school psychologist for every 1,000students. Districts also must provide inservice training,hire staff who meet specific qualifications, and evaluatethe effectiveness of their services. (20 U.S.C.7245(c)(2))

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TITLE V, PART D SUBPART 3 - PARTNERSHIPS IN

CHARACTER EDUCATION20 U.S.C. 7247

The United States Secretary of Education is author-ized to award grants to eligible entities for the design andimplementation of character education programs thatare able to be integrated into classroom instruction, thatare consistent with state academic content standards,and which are able to be carried out in conjunction withother educational reform efforts. (20 U.S.C. 7247(a)) The grants are part of the partnerships in charactereducation program, which is designed to focus on “char-acter” instruction, i.e., caring, citizenship, justice,respect, responsibility, trustworthiness, and giving. (20U.S.C. 7247(c)) The Secretary may require grant recipi-ents to provide sliding scale matching funds. (20 U.S.C.7247(i)(2))

In addition to requiring that grant recipients base theirprograms on research, it is also required that grantrecipients conduct comprehensive evaluations of theirprograms. The evaluations are to be submitted at theend of the second year of the grant and no later than oneyear after the conclusion of the grant period. In evalu-ating their programs, grant recipients may address disci-pline issues, student academic achievement,participation in extracurricular activities, parental andcommunity involvement, faculty and administrativeinvolvement, student and staff morale, and improve-ments in school climate. (20 U.S.C. 7247(h))

TITLE V, PART D SUBPART 4 - SMALLER LEARNING

COMMUNITIES20 U.S.C. 7249

Local education agencies may apply to the UnitedStates Secretary of Education for grants to enable thecreation of smaller learning environments. (20 U.S.C.7249(a)) Funds received under this section may beused to study the feasibility of creating the smallerlearning communities, to research, develop, and imple-ment strategies for creating smaller learning environ-ments, to provide professional development for schoolstaff in innovative teaching methods that challenge andengage students and which will be used in the smallerlearning communities, and to develop and implementstrategies to include parents, business representatives,local institutions of higher education, community-basedorganizations, and other community members in thesmaller learning communities as facilitators of activitiesthat enable teachers to participate in professional devel-opment activities and provide links between studentsand their community. (20 U.S.C. 7249(b)) Nothing inthis section, however, defines a “smaller learningcommunity.”

TITLE V, PART DSUBPART 5 - READING IS

FUNDAMENTAL - INEXPENSIVE BOOKDISTRIBUTION PROGRAM

20 U.S.C. 7251Subpart 5 of Part D of Title V establishes and imple-

ments a model partnership between a governmentalentity and a private party. (20 U.S.C. 7251(a)) Thepurpose of the partnership is to help prepare young chil-dren for reading and to help motivate older children toread through the distribution of inexpensive books.(20 U.S.C. 7251(a)) Funds available under this sectionare to be used to provide books, train volunteers, hostmotivational activities, and provide other essentialliteracy resources. Priority is given to programs that willserve a substantial number of:

1. Low-income children, particularly in high-poverty areas;

2. Children at risk of school failure;3. Children with disabilities;4. Foster children;5. Homeless children;6. Migrant children;7. Children without access to libraries;8. Institutionalized or incarcerated children; and9. Children whose parents are institutionalized or

incarcerated. (20 U.S.C. 7251(c))

TITLE V, SECTION D SUBPART 6 - GIFTED AND

TALENTED STUDENTS20 U.S.C. 7253

In order to support a coordinated program of scien-tific research, demonstration projects, innovative strate-gies, and similar activities to enhance the ability ofelementary schools and high schools to meet thespecial educational needs of gifted and talentedstudents, Congress reauthorized the Jacob K. JavitsGifted and Talented Students Education Act. (20 U.S.C.7253(a))

The legislation creates a discretionary grant programand authorizes the United States Secretary of Educationto contract with state education agencies, local schooldistricts, institutions of higher education, other publicagencies, and private entities for the design and imple-mentation of programs that can meet the special educa-tional needs of gifted and talented students and at thesame time, benefit all students. (20 U.S.C. 7253(c))

Grant applicants must describe how their proposedservices, materials, and methods can be adapted foruse by all students and how the proposed programs canbe evaluated. Highest priority is given to programs andprojects designed to develop new information that helpsschools develop programs that identify and serve giftedand talented students and which identify and serve giftedand talented students who are economically disadvan-taged, have limited English proficiency, have disabilities,or who may otherwise not be identified through traditionalassessment methods. (20 U.S.C. 7253(d))

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TITLE V, PART D SUBPART 7 - STAR SCHOOLS

20 U.S.C. 7255The star schools program is based on the recogni-

tion that distance learning can enrich regular classroominstruction and provide high-quality instruction in remoteor high-poverty locations where students otherwise donot have access to specialized courses such asadvanced placement courses. (United States Depart-ment of Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 127) Its purpose is toencourage improved instruction in mathematics,science, and foreign languages, as well as othersubjects, and to serve student populations that wouldotherwise be underserved, including students who aredisadvantaged, illiterate, limited English proficient, anddisabled. The program provides grants to telecommuni-cations partnerships to enable the construction, acquisi-tion, maintenance, and operation of telecommunicationsaudio and visual facilities and equipment; to enable thedevelopment and acquisition of educational and instruc-tional programming; and to obtain technical assistancefor the use of such facilities and instructional program-ming. (20 U.S.C. 7255(a))

Eligible partnerships include statewide or multistateentities, which may be public or private and which mustinclude at least three of the following: a school district, astate education agency, an adult and family educationprogram, an institution of higher education, a teacher-training center or academy, a public broadcasting entity,or a public or private elementary school or high school.

A grant application must include plans that provideinstruction consistent with state academic content stan-dards or that provide significant and specific assistanceto states and districts undertaking systemic educationreform. A five-year grant may not exceed $10 million inany single fiscal year. At least 25 percent of the fundsmust be used for instructional programming and at least50 percent must be used for facilities, equipment,teacher training or retraining, technical assistance, orprogramming. The federal share is capped at 75percent for the first and second years, 60 percent for thethird and fourth years, and 50 percent for the fifth year.(United States Department of Education, Office ofElementary and Secondary Education, No Child LeftBehind: A Desktop Reference, Washington, D.C., 2002at 127)

TITLE V, PART DSUBPART 8 - READY TO TEACH

20 U.S.C. 7257The ready-to-teach program authorizes the United

States Secretary of Education to provide grants tononprofit telecommunications entities and to partner-ships of such entities for the purpose of carrying out anational telecommunications-based program designedto improve teaching in core curriculum areas. (20U.S.C. 7257) The program offers Internet andtelecommunications-based professional development

opportunities on an ongoing basis to teachers in a varietyof locations for the purpose of assisting schools andteachers prepare students to meet state academiccontent and student academic achievement standards incore curriculum areas.

The grants are competitive and require at least a 100percent match for three years. In addition, grant recipi-ents must agree to submit to the United States Secre-tary of Education an annual report that describes theactivities undertaken, the number of teachers using theprogram in each core curricular area, and the states inwhich teachers using the program are located. (20U.S.C. 7257(c))

TITLE V, PART D SUBPART 9 - FOREIGN LANGUAGE

ASSISTANCE20 U.S.C. 7259

The foreign language assistance program providesgrants to state education agencies and school districtsto assist with the cost of innovative model programs toestablish, improve, or expand foreign language study forelementary and secondary school students. Theprogram consists of both discretionary and incentivegrants. (20 U.S.C. 7259(a))

The United States Secretary of Education is author-ized to offer three-year discretionary grants to stateeducation agencies and to school districts to assist withthe cost of innovative model programs that are designedto establish, improve, or expand foreign language study.(20 U.S.C. 7259(a)(2))

Grants to state education agencies support systemicapproaches to improving foreign language learning andgrants to school districts support programs that showthe promise of being continued beyond the grant periodand which demonstrate approaches that can bedisseminated and duplicated in other districts. (20U.S.C. 7259(b))

The grants may include funds for teachers to enroll inintensive summer foreign language programs, funds tolink nonnative English speakers in the community withthe schools in order to promote two-way language learn-ing, and funds to ensure the sequential study of a foreignlanguage by students, beginning at the elementary level.The grants must also be used to make effective use oftechnology, such as computer-assisted instruction,language laboratories, or distance learning and topromote activities such as foreign language immersion,partial foreign language immersion, or content-basedinstruction. (20 U.S.C. 7259(b))

The United States Secretary of Education may alsoprovide incentive grants to public elementary schoolsthat have a foreign language program equal in duration toat least 45 minutes of instruction for four days a weekthroughout an academic year. The incentive grants arecalculated based on the number of participatingstudents. (20 U.S.C. 7259(c))

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TITLE V, PART DSUBPART 10 - PHYSICAL EDUCATION

20 U.S.C. 7261The Carol M. White physical education program

provides grants and contracts to initiate, expand, andimprove physical education programs for all studentsfrom kindergarten through grade 12. The grants may beused to provide equipment and support for students sothat they may participate in physical education activities.Funds also may be used to provide training for staff andteachers. (20 U.S.C. 7261(a)-(b))

Grant recipients must submit an annual report to theUnited States Secretary of Education describing theactivities undertaken and the progress that is madetoward meeting state physical education standards. (20U.S.C. 7261(d))

TITLE V, PART DSUBPART 11 - COMMUNITYTECHNOLOGY CENTERS

20 U.S.C. 7263The community technology centers program is

designed to assist eligible applicants in creating orexpanding community technology centers that willprovide disadvantaged residents of economicallydistressed urban and rural communities with access toinformation technology and related training and toprovide technical assistance and support to the centers.(20 U.S.C. 7263(a)) Grants are awarded by the UnitedStates Secretary of Education on a competitive basisand for a duration of three years. (20 U.S.C. 7263(b))

Eligible applicants include nonprofit organizations,for-profit businesses, institutions of higher education,school districts, and consortia of these entities, providedthey have the capacity to expand access to computersand related services for the individuals to be served.

TITLE V, PART D SUBPART 13 - EXCELLENCE IN

ECONOMIC EDUCATION20 U.S.C. 7267

The excellence in economic education programprovides competitive grants to a national nonprofiteducational organization that has as its primary purposethe improvement of students’ understanding of personalfinance and economics through the effective teaching ofeconomics. (20 U.S.C. 7267(a)) At least 75 percent ofthe grant award must be made available to state educa-tional agencies, local school districts, or to state or localeconomic, personal finance or entrepreneurial educationorganizations. The funds must be used to establish andconduct teacher training programs that use innovativeand effective approaches to the teaching of economics,personal finance, and entrepreneurship, to evaluate theimpact of economic and financial literacy educationresearch, to create and conduct school-based studentactivities to provide consumer, economic, and personalfinance education, and to encourage replication of the

best practices to promote economic and financial liter-acy. (20 U.S.C. 7267(a))

TITLE V, PART D SUBPART 14 - GRANTS TO IMPROVE

THE MENTAL HEALTH OF CHILDREN20 U.S.C. 7269

The grants for the integration of schools and mentalhealth systems program authorizes the United StatesSecretary of Education to award grants or enter intocontracts with state education agencies, local schooldistricts, or Indian tribes for the purpose of increasingstudent access to quality mental health care by devel-oping innovative programs to link local school systemswith the local mental health system. The period of thegrant may not exceed five years. (20 U.S.C.7269(a)-(b))

The United States Secretary of Education is directedto ensure that the grants or contracts awarded underthis program are distributed equitably among thegeographic regions of the country and among urban,suburban, and rural populations. (20 U.S.C. 7269(g))

TITLE V, PART D SUBPART 15 - ARTS IN EDUCATION

20 U.S.C. 7271The arts in education program provides assistance,

by means of discretionary grants, cooperative agree-ments, and contracts to state education agencies,school districts, institutions of higher education,museums and other cultural institutions, and to otherpublic or private organizations. (20 U.S.C. 7271(c)) Thefunds may be used for activities such as research in artseducation, dissemination of best practice models, devel-opment of state arts education assessments based on astate’s standards, and the development of curriculumframeworks. (20 U.S.C. 7271(d))

TITLE V, PART DSUBPART 16 - PARENTAL

ASSISTANCE AND LOCAL FAMILYINFORMATION CENTERS

20 U.S.C. 7273The parental assistance and local family information

centers program is designed to:1. Provide leadership, technical assistance, and

financial support to nonprofit organizations,including statewide nonprofit organizations, andlocal school districts to implement successfuland effective parental involvement policies,programs, and activities that lead to improve-ments in student academic achievement;

2. Strengthen partnerships among parents, teach-ers, principals, administrators, and other schoolpersonnel in meeting the educational needs ofchildren;

3. Develop and strengthen the relationshipbetween parents and their children’s school;

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4. Further the developmental progress of childrenassisted under this subpart;

5. Coordinate activities funded under this subpartwith other parental involvement initiatives; and

6. Provide a comprehensive approach toimproving student learning through coordinationand integration of federal, state, and local serv-ices and programs. (20 U.S.C. 7273)

The program authorizes the United States Secretaryof Education to award competitive grants to nonprofitorganizations and consortia of nonprofit organizationsand school districts to establish school-linked or school-based parental information and resource centers. TheSecretary must ensure that the grants are distributed toall geographic regions of the United States. (20 U.S.C.7273(a))

Grant recipients must agree to report annually on thenumber of parents who receive information and training,the types of training, information, and support provided,the strategies used to reach and serve parents who areminority, limited English proficient, or have limitedliteracy skills, the parental involvement policies and prac-tices used by the center, whether the policies and prac-tices are effective, and the effectiveness of the parentalinvolvement activities of school districts and schools onstudent achievement. (20 U.S.C. 7273(d))

TITLE V, PART D SUBPART 17 - COMBATING

DOMESTIC VIOLENCE20 U.S.C. 7275

The combating domestic violence program author-izes the United States Secretary of Education to providegrants to local school districts to train school administra-tors, teachers, and other staff regarding issuesconcerning children who experience domestic violence,to provide support services for students and schoolpersonnel to develop and strengthen effective preventionand intervention strategies, and to develop and imple-ment school system policies regarding appropriate andsafe responses to, identification of, and referral proce-dures for, students who are experiencing or witnessingdomestic violence. (20 U.S.C. 7275(b))

TITLE V, PART DSUBPART 18 - HEALTHY

HIGH-PERFORMANCE SCHOOLS 20 U.S.C. 7277

Subpart 18 of Part D of Title V authorizes the UnitedStates Secretary of Education, in consultation with theSecretary of Energy and the Administrator of the Envi-ronmental Protection Agency, to award grants to stateeducational agencies, which in turn must providesubgrants to school districts for the purpose of planningand preparing for healthy, high-performance schoolbuilding projects that:

1. Reduce energy use to at least 30 percent belowthat of a school constructed in compliance withstandards prescribed in Chapter 8 of the 2000

International Energy Conservation Code or asimilar state code intended to achieve substan-tially equivalent results;

2. Meet federal and state health and safety codes;and

3. Support healthful, energy efficient, and environ-mentally sound practices. (20 U.S.C. 7277(b))

TITLE V, PART DSUBPART 19 - GRANTS FOR CAPITAL

EXPENSES OF PROVIDING EQUITABLESERVICES FOR PRIVATE SCHOOL

STUDENTS20 U.S.C. 7281

The United States Secretary of Education is author-ized to award grants to state education agencies, whichin turn must provide subgrants to school districts, for thepurpose of paying for capital expenses incurred as aresult of providing equitable services to private schoolstudents. (20 U.S.C. 7279)

For purposes of this section, capital expensesinclude expenditures for:

1. Noninstructional goods and services, such asthe purchase, lease, or renovation of real andpersonal property, including mobile educationalunits, and the leasing of neutral sites or spaces;

2. Insurance and maintenance costs;3. Transportation; and4. Other comparable goods and services.

(20 U.S.C. 7279(d))

TITLE V, PART DSUBPART 21 - WOMEN’SEDUCATIONAL EQUITY

20 U.S.C. 7283The Women’s Educational Equity Act is designed to

promote gender equity in education and to provide finan-cial assistance to enable educational agencies and insti-tutions to meet the requirements of Title IX of the Educa-tional Amendments of 1972 and to promote equity ineducation for women and girls who suffer from multipleforms of discrimination based on sex, race, ethnic origin,limited English proficiency, disability, or age. (20 U.S.C.7283(a))

The United States Secretary of Education is author-ized to award competitive grants to public agencies,private nonprofit agencies, organizations, institutions,student groups, community groups, and individuals. Atleast two-thirds of any amount received must be used todevelop model equity programs and for local implemen-tation of gender-equity policies and practices at alleducational levels. The grants must address all levels ofeducation in all regions of the United States and in urban,rural, and suburban schools. (20 U.S.C. 7283(b))

The United States Secretary of Education is tosubmit to the President and Congress a report on thestatus of educational equity for girls and women in the

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United States no later than January 1, 2006. (20 U.S.C.7283(e))

TITLE VI - FLEXIBILITY ANDACCOUNTABILITY

PART A - IMPROVING ACADEMICACHIEVEMENT

GRANTS FOR STATE ASSESSMENTSAND RELATED ACTIVITIES

20 U.S.C. 7301The United States Secretary of Education is directed

in 20 U.S.C. 7301 to make grants to states to:1. Pay the costs for developing the additional state

assessments and standards required by thisAct; and

2. Administer those assessments and carry outother activities related to ensuring that thestate’s schools and school districts are heldaccountable for results.

For purposes of this section, “results” include:1. Developing challenging state academic content

and student academic achievement standardsand aligned assessments in academic subjectsfor which standards and assessments are notrequired by this Act;

2. Developing or improving assessments ofEnglish language proficiency required by thisAct;

3. Ensuring the continued validity and reliability ofstate assessments;

4. Refining state assessments to ensure theircontinued alignment with the state’s academiccontent standards and improving the alignmentof curricula and instructional materials;

5. Developing multiple measures to increase thereliability and validity of state assessmentsystems;

6. Strengthening the capacity of school districtsand schools to provide all students the opportu-nity to increase educational achievement,including carrying out professional developmentactivities aligned with state student academicachievement standards and assessments;

7. Expanding the range of accommodations avail-able to students with limited English proficiencyand students with disabilities to improve therates of inclusion of such students, includingprofessional development activities aligned withstate academic achievement standards andassessments; and

8. Improving the dissemination of information onstudent achievement and school performanceto parents and the community, including thedevelopment of information and reportingsystems designed to identify best educationalpractices based on scientific research or toassist in linking records of studentachievement, length of enrollment, and gradua-tion over time. (20 U.S.C. 7301)

Each state is to receive $3 million. Additionalamounts are allocated based on each state’s share ofthe population between ages 5 and 17. The programalso provides competitive grant awards to states that arewilling to collaborate with other organizations in order toimprove the quality, validity, and reliability of stateassessments beyond the requirements imposed underthe No Child Left Behind Act of 2001. (20 U.S.C.7301(b))

Grant recipients must provide to the United StatesSecretary of Education an annual report describing theactivities carried out under the grant and the results ofthose activities. Ultimately, recipients are required tomeet the Title I accountability requirements.

TITLE VISUBPART 2 - FUNDING

TRANSFERABILITY FOR STATE ANDLOCAL EDUCATIONAL AGENCIES

20 U.S.C. 7305Subpart 2 of Part A of Title VI allows states and

school districts to target federal funds to the federalprograms that most effectively address their uniqueneeds. (20 U.S.C. 7305(a)) A state may transfer up to50 percent of the funds it receives for state-level, nonad-ministrative activities under the improving teacher qualitystate grants, educational technology state grants, stategrants for innovative programs, safe and drug-freeschools and communities state grants, and 21st centurycommunity learning centers programs to supplement itsstate reservation under these programs. In addition, astate may use the transferred funds to carry out state-level activities authorized under Part A of Title I. It isimportant to note that funds can only be transferred intoTitle I; no Title I funds may be transferred to otherprograms. (20 U.S.C. 7305(b))

This program also allows a school district that hasnot been identified as in need of improvement or subjectto corrective action under this Act to transfer up to 50percent of its formula allocation under the teacher qualitystate grants, educational technology state grants, inno-vative programs, or safe and drug-free schoolsprograms to supplement its allocation under any of theprograms listed above or to supplement its allocationunder Part A of Title I. (20 U.S.C. 7305(b))

A school district identified as in need of improvementmay transfer up to 30 percent of its allocation for theprograms listed above only if it transfers the funds tosupplement its school improvement allocation or carryout Title I district improvement activities. A district identi-fied as in need of corrective action may not transfer anyfunds. States and school districts must use any trans-ferred funds in such a way as to meet all the require-ments of the programs to which they are transferred.(20 U.S.C. 7305(b))

Each state that makes a transfer of funds under thissection must modify its state plan, submit a copy of themodified plan to the United States Secretary of Educa-tion, and notify the Secretary of the transfer. Each

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school district that makes a transfer of funds must simi-larly account for the transfer. (20 U.S.C. 7305(d))

TITLE VI, PART ASUBPART 3(A) - STATE FLEXIBILITY

DEMONSTRATION20 U.S.C. 7311

Subpart 3(A) of Part A of Title VI gives selectedstates increased flexibility so they can demonstrate howcertain federal funds may be better used to improvestudent academic achievement, to improve teacherquality, to better empower parents and school personnelin addressing the needs of the students, to eliminatebarriers in implementing effective state and local educa-tion reform, to narrow the achievement gaps betweengroups of students, and to hold state education agenciesand school districts accountable for increasing theacademic achievement of all students. (20 U.S.C.7311(a)) The United States Secretary of Education mayprovide this flexibility for up to seven state educationagencies for a five-year period. The recipient stateeducation agencies are selected on a competitive basisusing a peer review process. (20 U.S.C. 7315)

A recipient state education agency must alsocontract with between 4 and 10 school districts for thepurpose of permitting those school districts to consoli-date a portion of their federal funds. (20 U.S.C. 7315(b))

All states participating in this program are required toprepare an annual report that describes how the stateand the districts with which the state has contractedused the consolidated funds to make adequate yearlyprogress and advance the education priorities of thestate and its school districts. If a state does not makeadequate yearly progress for two consecutive years, theUnited States Secretary of Education must terminate theagreement. (20 U.S.C. 7315(b))

TITLE VI, PART ASUBPART 3(B) - LOCAL FLEXIBILITY

DEMONSTRATION20 U.S.C. 7321

Subpart 3(B) of Part A of Title VI allows the UnitedStates Secretary of Education to contract with up to 80school districts in states that do not have state flexibilityauthority. (20 U.S.C. 7321) The flexibility contractsextend for a period of five years but may be lengthenedor shortened according to a district’s performance underthe contract. The participating districts are selected on acompetitive basis using a peer review process. (20U.S.C. 7321(d)) Each participating district must submita report to the United States Secretary of Education thatdescribes how the district used the consolidated fundsto improve student achievement and reduce achieve-ment gaps. A district must also disseminate this reportto parents and the general public. If a participatingdistrict does not make adequate yearly progress for twoconsecutive years during the term of the contract, theUnited States Secretary of Education shall terminate thecontract. (20 U.S.C. 7321(c))

TITLE VI, PART BRURAL EDUCATION INITIATIVE

SUBPART 1 - SMALL, RURAL SCHOOLACHIEVEMENT PROGRAM

20 U.S.C. 7341Subpart 1 of Part B of Title VI is designed to address

the unique needs of rural school districts, which oftenlack the personnel and resources needed to competeeffectively for federal competitive grants, and whichfrequently receive federal grant allocations that are toosmall to be effective in meeting their intended purposes.(20 U.S.C. 7341(a)) It is a formula grant program andprovides funds directly to eligible school districts basedon the number of students in average daily attendance inthe schools served by the district and the amount thatthe district received under certain federal programs inthe previous fiscal year. To be eligible for this program,a district must have an average daily attendance below600 students or have schools only in counties that havea population density below 10 persons per square mileand serve only schools located in an area defined by theUnited States Secretary of Education as being rural orrural but near an urban area. Participating schooldistricts may combine their allocations under a variety ofthe programs included under the No Child Left BehindAct of 2001. (20 U.S.C. 7345)

School districts must make adequate yearly progressin order to continue their participation in the program. If adistrict fails to meet adequate yearly progress, it maycontinue to participate only if it uses its funds for Title Ischool improvement activities. (20 U.S.C. 7345(b))

TITLE VI, PART B RURAL EDUCATION INITIATIVE

SUBPART 2 - RURAL ANDLOW-INCOME SCHOOLS

20 U.S.C. 7351The rural education initiative program provides funds

to rural school districts that serve concentrations of poorstudents. However, a school district may not participatein both the small, rural school achievement program andthe rural and low-income schools program. (20 U.S.C.7351)

The rural education initiative program is a formulagrant program. Available funds are distributed accordingto a state’s share of students in average daily atten-dance in eligible districts. Participating state educationagencies may distribute the funds to eligible districtsaccording to a district’s percentage share of students inaverage daily attendance in the state by means of acompetitive process or by means of an alternativeformula that is approved by the United States Secretaryof Education and which more effectively targets funds tohigh-poverty districts. (20 U.S.C. 7351)

Grant recipients must provide to the United StatesSecretary of Education an annual report detailing howschool districts and schools have used the funds andthe degree of progress they made toward the goals and

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objectives included in the state’s application for funds.(20 U.S.C. 7351(c))

TITLE VISUBPART C - GENERAL PROVISIONS

NATIONAL ASSESSMENT OFEDUCATIONAL PROGRESS -

AMENDMENT20 U.S.C. 7372

The national assessment of educational progresshas provided data on student achievement in reading,mathematics, science, and other subjects since 1969.The No Child Left Behind Act amended provisions of thenational assessment of educational progress and addedrequirements regarding state and school district partici-pation in the assessment. States are now required toparticipate in the reading and mathematics portions ofthe national assessment of educational progress atgrades 4 and 8 as a condition of receiving Title I funds.Participation in other national assessment of educationalprogress assessments is voluntary for states andschool districts and is voluntary for students. The NoChild Left Behind Act, through amendments, alsoremoved the previous prohibition on using federal fundsto pay for the administration of the national assessmentof educational progress. (United States Department ofEducation, Office of Elementary and Secondary Educa-tion, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 161-162)

TITLE VII - INDIAN, NATIVE HAWAIIAN,AND ALASKA NATIVE EDUCATION

PART A - INDIAN EDUCATION20 U.S.C. 7401

The Indian education program is designed to supportthe efforts of school districts, Indian tribes and organiza-tions, postsecondary institutions, and other entities tomeet the unique educational and culturally relatedacademic needs of American Indian and Alaska Nativestudents, so that such students can meet the samechallenging state-student academic achievement stan-dards as all other students. (20 U.S.C. 7402)

The program provides formula grants to schooldistricts and to Bureau of Indian Affairs-operated orsupported schools based on the number of Indian chil-dren and the state’s per student expenditure for educa-tion. Eligible school districts must have at least 10Indian children or the Indian children must make up atleast 25 percent of the district’s total enrollment. Eacheligible school district receives at least $3,000. (20U.S.C. 7423)

Among the acceptable activities under the Act are thefollowing:

1. Culturally related activities;2. Early childhood and family programs that

emphasize school readiness;3. Enrichment programs that focus on problem-

solving and cognitive skills development and

which directly support the attainment of chal-lenging state academic content and studentacademic achievement standards;

4. Integrated educational services in combinationwith other programs that meet the needs ofIndian children and their families;

5. Career preparation activities including tech-prep education, mentoring, and apprenticeship;

6. Activities to educate individuals concerningsubstance abuse and to prevent substanceabuse;

7. The acquisition of equipment;8. Activities that promote the incorporation of

culturally responsive teaching and learningstrategies into the educational program of theschool district;

9. Activities that incorporate American Indian andAlaska Native specific curriculum content,consistent with state standards, into thecurriculum used by the school district;

10. Family literacy services; and11. Activities that recognize and support the unique

cultural and educational needs of Indian chil-dren and incorporate appropriately qualifiedtribal elders and seniors.

(20 U.S.C. 7425(b))The United States Secretary of Education is also

directed to provide grants to eligible entities in order toenable such entities to carry out:

1. Innovative programs related to the educationalneeds of educationally disadvantaged children;

2. Educational services that are not available tosuch children in sufficient quantity or quality,including remedial instruction, to raise theachievement of Indian children in one or moreof the core academic subjects of English,mathematics, science, foreign languages, art,history, and geography;

3. Bilingual and bicultural programs and projects;4. Special health and nutrition services, and other

related activities, that address the specialhealth, social, and psychological problems ofIndian children;

5. Special compensatory and other programs andprojects designed to assist and encourageIndian children to enter, remain in, or reenterschool and to increase the rate of high schoolgraduation for Indian children;

6. Comprehensive guidance, counseling, andtesting services;

7. Early childhood and kindergarten programs,including family-based preschool programs thatemphasize school readiness and parentalskills, and the provision of services to Indianchildren with disabilities;

8. Partnership projects between school districtsand institutions of higher education that allowhigh school students to enroll in courses at thepostsecondary level to aid such students in thetransition from high school to postsecondaryeducation;

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9. Partnership projects between schools and localbusinesses for career preparation programsdesigned to provide Indian youth with the knowl-edge and skills such youth need to make aneffective transition from school to a high-skill,high-wage career;

10. Programs designed to encourage and assistIndian students to work toward, and gainentrance into, an institution of higher education;

11. Family literacy services;12. Activities that recognize and support the unique

cultural and educational needs of Indian chil-dren and incorporate appropriately qualifiedtribal elders and seniors; or

13. Other services that meet the purposedescribed in this section. (20 U.S.C. 7441(c))

The United States Secretary of Education is alsoauthorized to use funds to conduct research related toeffective approaches for educating Indian children andadults; to evaluate federally assisted educationprograms from which Indian children and adults maybenefit; to collect and analyze data on the educationalstatus and needs of Indians; and to carry out other activi-ties that are consistent with the purposes of theprogram.

Each school district that receives funds under thisprogram must prepare and submit reports to the UnitedStates Secretary of Education on the effectiveness ofthe funded activities in improving the educationalachievement of Indian students. (United States Depart-ment of Education, Office of Elementary and SecondaryEducation, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 165)

TITLE VIII - IMPACT AID PROGRAM20 U.S.C. 7702

Impact aid provides financial assistance to schooldistricts affected by federal activities. Because federalproperty is exempt from local property taxes, impact aidhelps to replace the lost revenue that would otherwise beavailable to pay for educating children who live on federalproperty or whose parents work on federal property.

Impact aid provides formula and competitive grantsdirectly to eligible school districts. Funds flow primarilythrough basic support payments on behalf of federallyconnected children (86 percent of all impact aid fundsrequested in the President’s budget for FY 2003). Addi-tional payments are made for federally connected chil-dren with disabilities, construction and renovation ofschool facilities, federal property removed from local taxrolls after 1938, and maintenance of school facilitiesowned by the United States Department of Education.

Basic support payments provide formula grants toabout 1,400 school districts with federally connectedchildren, i.e., children who live on federal property with aparent who is employed on federal property; childrenwho live on federal property with a parent who is onactive military duty or is a foreign military officer; childrenwho live on certain Indian lands; children who do not liveon federal property but who have a parent who is onactive military duty or is a foreign military officer; children

who live in low-rent housing assisted under the UnitedStates Housing Act of 1937; children who live on federalproperty but do not fit any of the above categories; andchildren who do not live on federal property but have aparent who is employed on federal property.

Payments for children with disabilities providesupplemental assistance to school districts that havecertain federally connected children who havedisabilities.

Construction funds include both formula andcompetitive grants to support the construction or renova-tion of school facilities in eligible school districts, whichinclude districts with large numbers of children living onIndian lands or children with a parent in the uniformedservices.

Payments for federal property provide aid to districtswith significant amounts of federally owned propertyacquired since 1938, generally based on an estimate ofthe local revenue that the school district would havereceived if the property had remained on the tax rolls.

Facilities maintenance funds support essentialrepairs to school facilities owned by the United StatesDepartment of Education. These schools serve largenumbers of military dependents. The department isrepairing these schools so that local school districts willaccept the transfer of title for these buildings. (UnitedStates Department of Education, Office of Elementaryand Secondary Education, No Child Left Behind: ADesktop Reference, Washington, D.C., 2002 at 173)

TITLE IXGENERAL PROVISIONS

20 U.S.C. 7801Title IX defines terms used in the No Child Left

Behind Act. Among the defined terms is that of a “highlyqualified teacher.” 20 U.S.C. 7801 provides thefollowing:

(23) HIGHLY QUALIFIED - The term“highly qualified”--(A) when used with respect to any

public elementary school orsecondary school teacherteaching in a State, meansthat--(i) the teacher has obtained

full State certification as ateacher (including certifi-cation obtained throughalternative routes to certifi-cation) or passed theState teacher licensingexamination, and holds alicense to teach in suchState, except that whenused with respect to anyteacher teaching in apublic charter school, theterm means that theteacher meets the require-ments set forth in the

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State’s public charterschool law; and

(ii) the teacher has not hadcertification or licenserrequirements waived onan emergency, temporary,or provisional basis;

(B) when used with respect to--(i) an elementary school

teacher who is new to theprofession, means thatthe teacher--(I) holds at least a

bachelor’s degree;and

(II) has demonstrated, bypassing a rigorousState test, subjectknowledge andteaching skills in read-ing, writing, mathe-matics, and otherareas of the basicelementary schoolcurriculum (whichmay consist ofpassing a State-required certificationor licensing test ortests in reading, writ-ing, mathematics, andother areas of thebasic elementaryschool curriculum); or

(ii) a middle or secondaryschool teacher who isnew to the profession,means that the teacherholds at least a bachelor’sdegree and has demon-strated a high level ofcompetency in each of theacademic subjects inwhich the teacher teachesby--(I) passing a rigorous

State academicsubject test in each ofthe academicsubjects in which theteacher teaches(which may consist ofa passing level ofperformance on aState-required certifi-cation or licensing testor tests in each of theacademic subjects inwhich the teacherteaches); or

(II) successful comple-tion, in each of theacademic subjects inwhich the teacherteaches, of anacademic major, agraduate degree,courseware equiva-lent to an under-graduate academicmajor, or advancedcertification or creden-tialing; and

(C) when used with respect to anelementary, middle, or secon-dary school teacher who is notnew to the profession, meansthat the teacher holds at leasta bachelor’s degree and--(i) has met the applicable

standard in clause (i)or (ii) of sub-paragraph (B), whichincludes an option for atest; or

(ii) demonstrates compe-tence in all the academicsubjects in which theteacher teaches based ona high objective uniformState standard of evalua-tion that--(I) is set by the State

for both gradeappropriate aca-demic subjectmatter knowledgeand teaching skills;

(II) is aligned with chal-lenging Stateacademic contentand student aca-demic achieve-mentstandards anddeveloped inconsultation withcore contentspecialists, teach-ers, principals, andschooladministrators;

(III) provides objective,coherent informa-tion about theteacher’s attainmentof core contentknowledge in theacademic subjectsin which a teacherteaches;

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(IV) is applied uniformlyto all teachers in thesame aca- demicsubject and thesame grade levelthroughout theState;

(V) takes into consid-eration, but not bebased primarily on,the time the teacherhas been teachingin the academicsubject;

(VI) is made available tothe public uponrequest; and

(VII) may involvemultiple, objectivemeasures ofteacher compe-tency.

(20 U.S.C. 7801)Also included are general provisions that address the

consolidation of administrative funds (20 U.S.C. 7821-7823), coordination of programs and consolidated appli-cations, plans, and reports (20 U.S.C. 7841-7846), andauthorizations for the United States Secretary of Educa-tion to waive burdensome regulations. (20 U.S.C. 7861)

Title IX requires private school students to continuereceiving services from No Child Left Behind Actprograms, including reading first, even start, safe anddrug-free schools, 21st century community learningcenters, mathematics and science partnerships,migrant, professional development, technology and bilin-gual special services, and Title IX prohibits the UnitedStates Secretary of Education from requiring, recom-mending, or certifying curricula, programs, or standards.(20 U.S.C. 7886 and 7901-7907)

Title IX also provides that funds cannot be used to:1. Develop or distribute materials, or operate

programs or courses of instruction directed atyouth, that are designed to promote orencourage sexual activity, whether homosexualor heterosexual;

2. Distribute or aid in the distribution by any organi-zation of legally obscene materials to minors onschool grounds;

3. Provide sex education or HIV-prevention educa-tion in schools unless that instruction isage-appropriate and includes the health benefitsof abstinence; or

4. Operate a program of contraceptive distributionin schools. (20 U.S.C. 7906)

Title IX prohibits the establishment of a national database consisting of personally identifiable information (20U.S.C. 7911) and prohibits federal control of homeeducation. (20 U.S.C. 7886) It denies funds to anyschool district that has a policy which prevents, or other-wise denies participation in, constitutionally protectedprayer in its public elementary and high schools (20U.S.C. 7904) and it requires school districts that receivefunds to provide armed forces recruiters with the sameaccess to high school students as college and jobrecruiters. (20 U.S.C. 7908)

Title IX also requires each state receiving fundsunder the No Child Left Behind Act to establish andimplement a statewide policy requiring that a studentattending a persistently dangerous elementary or highschool, or who becomes a victim of a violent criminaloffense while in or on school grounds, be allowed toattend a safe school within the same school district.

Each state must define that which it believes to be a“persistently dangerous” school. (20 U.S.C. 7912)

TITLE X - REPEALS, REDESIGNATIONS,AND AMENDMENTS TO OTHER STATUTESWhile Title X contains repeals and technical amend-

ments, it also provides formula grants to all 50 states,the District of Columbia, Puerto Rico, as well as theoutlying areas, and the Bureau of Indian Affairs. Thestate education agencies are in turn to provide competi-tive grants to school districts so that the districts canfacilitate the enrollment, attendance, and success ofhomeless children. These funds may be used toaddress transportation issues, immunization require-ments, residency requirements, lack of birth certificatesand school records, and guardianship issues. Thefunds may also be used for coordination and collabora-tion with other local agencies regarding the provision ofcomprehensive services to homeless children and fami-lies, for expedited evaluations of homeless children’sneeds, for tutoring, supplemental instruction, andenriched educational services, for professional develop-ment designed to raise awareness of the needs ofhomeless children, for referrals to health services, andfor developmentally appropriate preschool programs.(42 U.S.C. 11431-11435) (United States Department ofEducation, Office of Elementary and Secondary Educa-tion, No Child Left Behind: A Desktop Reference,Washington, D.C., 2002 at 179-180)

ATTACH:1

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