Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the `No Child Left Behind Act of 2001'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective date.
Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 101. Improving the academic achievement of the disadvantaged.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS
Sec. 201. Teacher and principal training and recruiting fund.
Sec. 202. Continuation of awards.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS
Sec. 301. Language instruction for limited English proficient children and immigrant children and youth.
TITLE IV--21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Sec. 501. Innovative programs and parental choice provisions.
Sec. 502. Continuation of awards.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
Sec. 602. Amendment to the National Education Statistics Act of 1994.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. Indians, Native Hawaiians, and Alaska Natives.
Sec. 702. Conforming amendments.
Sec. 703. Savings provisions.
TITLE VIII--IMPACT AID PROGRAM
Sec. 801. Payments relating to Federal acquisition of real property.
Sec. 802. Payments for eligible federally connected children.
Sec. 803. Construction.
Sec. 804. State consideration of payments in providing State aid.
Sec. 805. Authorization of appropriations.
TITLE IX--GENERAL PROVISIONS
Sec. 901. General provisions.
TITLE X--REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER STATUTES
Part A--Repeals
Sec. 1011. Repeals.
Sec. 1012. Conforming clerical and technical amendments.
Part B--Redesignations
Sec. 1021. Comprehensive Regional Assistance Centers.
Sec. 1022. National Diffusion Network.
Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.
Sec. 1024. Technology-based technical assistance.
Sec. 1025. Conforming amendments.
Part C--Homeless Education
Sec. 1031. Short title.
Sec. 1032. Education for homeless children and youths.
Sec. 1033. Conforming amendment.
Sec. 1034. Technical amendment.
Part D--Native American Education Improvement
Sec. 1041. Short title.
Sec. 1042. Amendments to the Education Amendments of 1978.
Sec. 1043. Tribally Controlled Schools Act of 1988.
Sec. 1044. Lease payments by the Ojibwa Indian School.
Sec. 1045. Enrollment and general assistance payments.
PART E--HIGHER EDUCATION ACT OF 1965
Sec. 1051. Preparing tomorrow's teachers to use technology.
Sec. 1052. Continuation of awards.
Part F--General Education Provisions Act
Sec. 1061. Student privacy, parental access to information, and administration of certain physical examinations to minors.
Sec. 1062. Technical corrections.
Part G--Miscellaneous Other Statutes
Sec. 1071. Title 5 of the United States Code.
Sec. 1072. Department of Education Organization Act.
Sec. 1073. Education Flexibility Partnership Act of 1999.
Sec. 1074. Educational Research, Development, Dissemination, and Improvement Act of 1994.
Sec. 1075. National Child Protection Act of 1993.
Sec. 1076. Technical and conforming amendments.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
(a) MULTI-YEAR AWARDS- Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2002.
(b) PLANNING AND TRANSITION- Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act.
(c) ORDERLY TRANSITION- The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL- Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.
(b) NONCOMPETITIVE PROGRAMS- With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2002.
(c) COMPETITIVE PROGRAMS- With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2002.
(d) IMPACT AID- With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2002.
SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
The Act is amended--
(1) in the heading of section 1, by striking `table of contents' and inserting `short title'; and
(2) by adding after section 1 the following new section:
`SEC. 2. TABLE OF CONTENTS.
`The table of contents for this Act is as follows:
`Sec. 1. Short title.
`Sec. 2. Table of contents.
ESEA Title I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
`Sec. 1001. Statement of purpose.
`Sec. 1002. Authorization of appropriations.
`Sec. 1003. School improvement.
`Sec. 1004. State administration.
PART A--Improving Basic Programs Operated by Local Educational Agencies
Subpart 1--Basic Program Requirements
`Sec. 1111. State plans.
`Sec. 1112. Local educational agency plans.
`Sec. 1113. Eligible school attendance areas.
`Sec. 1114. Schoolwide programs.
`Sec. 1115. Targeted assistance schools.
`Sec. 1116. Academic assessment and local educational agency and school improvement.
`Sec. 1117. School support and recognition.
`Sec. 1118. Parental involvement.
`Sec. 1119. Qualifications for teachers and paraprofessionals.
`Sec. 1120. Participation of children enrolled in private schools.
`Sec. 1120A. Fiscal requirements.
`Sec. 1120B. Coordination requirements.
Subpart 2--Allocations
`Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
`Sec. 1122. Allocations to States.
`Sec. 1124. Basic grants to local educational agencies.
`Sec. 1124A. Concentration grants to local educational agencies.
`Sec. 1125. Targeted grants to local educational agencies.
`Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.
`Sec. 1125A. Education finance incentive grant program.
`Sec. 1126. Special allocation procedures.
`Sec. 1127. Carryover and waiver.
PART B--Student Reading Skills Improvement Grants
Student Reading Skills Improvement Grants
Subpart 1--Reading First
`Sec. 1201. Purposes.
`Sec. 1202. Formula grants to State educational agencies.
`Sec. 1203. State formula grant applications.
`Sec. 1204. Targeted assistance grants.
`Sec. 1205. External evaluation.
`Sec. 1206. National activities.
`Sec. 1207. Information dissemination.
`Sec. 1208. Definitions.
Subpart 2--Early Reading First
`Sec. 1221. Purposes; definitions.
`Sec. 1222. Local Early Reading First grants.
`Sec. 1223. Federal administration.
`Sec. 1224. Information dissemination.
`Sec. 1225. Reporting requirements.
`Sec. 1226. Evaluation.
Subpart 3--William F. Goodling Even Start Family Literacy Programs
`Sec. 1231. Statement of purpose.
`Sec. 1232. Program authorized.
`Sec. 1233. State educational agency programs.
`Sec. 1234. Uses of funds.
`Sec. 1235. Program elements.
`Sec. 1236. Eligible participants.
`Sec. 1237. Applications.
`Sec. 1238. Award of subgrants.
`Sec. 1239. Evaluation.
`Sec. 1240. Indicators of program quality.
`Sec. 1241. Research.
`Sec. 1242. Construction.
Subpart 4--Improving Literacy Through School Libraries
`Sec. 1251. Improving literacy through school libraries.
PART C--Education of Migratory Children
`Sec. 1301. Program purpose.
`Sec. 1302. Program authorized.
`Sec. 1303. State allocations.
`Sec. 1304. State applications; services.
`Sec. 1305. Secretarial approval; peer review.
`Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.
`Sec. 1307. Bypass.
`Sec. 1308. Coordination of migrant education activities.
`Sec. 1309. Definitions.
PART D--Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk
`Sec. 1401. Purpose and program authorization.
`Sec. 1402. Payments for programs under this part.
Subpart 1--State Agency Programs
`Sec. 1411. Eligibility.
`Sec. 1412. Allocation of funds.
`Sec. 1413. State reallocation of funds.
`Sec. 1414. State plan and State agency applications.
`Sec. 1415. Use of funds.
`Sec. 1416. Institution-wide projects.
`Sec. 1417. Three-year programs or projects.
`Sec. 1418. Transition services.
`Sec. 1419. Evaluation; technical assistance; annual model program.
Subpart 2--Local Agency Programs
`Sec. 1421. Purpose.
`Sec. 1422. Programs operated by local educational agencies.
`Sec. 1423. Local educational agency applications.
`Sec. 1424. Uses of funds.
`Sec. 1425. Program requirements for correctional facilities receiving funds under this section.
`Sec. 1426. Accountability.
Subpart 3--General Provisions
`Sec. 1431. Program evaluations.
`Sec. 1432. Definitions.
PART E--National Assessment of Title I
`Sec. 1501. Evaluations.
`Sec. 1502. Demonstrations of innovative practices.
`Sec. 1503. Assessment evaluation.
`Sec. 1504. Close Up fellowship program.
PART F--Comprehensive School Reform
`Sec. 1601. Purpose.
`Sec. 1602. Program authorization.
`Sec. 1603. State applications.
`Sec. 1604. State use of funds.
`Sec. 1605. Local applications.
`Sec. 1606. Local use of funds.
`Sec. 1607. Evaluation and reports.
`Sec. 1608. Quality initiatives.
PART G--Advanced Placement Programs
`Sec. 1701. Short title.
`Sec. 1702. Purposes.
`Sec. 1703. Funding distribution rule.
`Sec. 1704. Advanced placement test fee program.
`Sec. 1705. Advanced placement incentive program grants.
`Sec. 1706. Supplement, not supplant.
`Sec. 1707. Definitions.
PART H--School Dropout Prevention
`Sec. 1801. Short title.
`Sec. 1802. Purpose.
`Sec. 1803. Authorization of appropriations.
Subpart 1--Coordinated National Strategy
`Sec. 1811. National activities.
Subpart 2--School Dropout Prevention Initiative
`Sec. 1821. Definitions.
`Sec. 1822. Program authorized.
`Sec. 1823. Applications.
`Sec. 1824. State reservation.
`Sec. 1825. Strategies and capacity building.
`Sec. 1826. Selection of local educational agencies for subgrants.
`Sec. 1827. Community based organizations.
`Sec. 1828. Technical assistance.
`Sec. 1829. School dropout rate calculation.
`Sec. 1830. Reporting and accountability.
PART I--General Provisions
`Sec. 1901. Federal regulations.
`Sec. 1902. Agreements and records.
`Sec. 1903. State administration.
`Sec. 1904. Local educational agency spending audits.
`Sec. 1905. Prohibition against Federal mandates, direction, or control.
`Sec. 1906. Rule of construction on equalized spending.
`Sec. 1907. State report on dropout data.
`Sec. 1908. Regulations for sections 1111 and 1116.
ESEA Title V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
PART A--Innovative Programs
`Sec. 5101. Purposes, State and local responsibility.
Subpart 1--State and Local Programs
`Sec. 5111. Allotment to States.
`Sec. 5112. Allocation to local educational agencies.
Subpart 2--State Programs
`Sec. 5121. State uses of funds.
`Sec. 5122. State applications.
Subpart 3--Local Innovative Education Programs
`Sec. 5131. Local uses of funds.
`Sec. 5132. Administrative authority.
`Sec. 5133. Local applications.
Subpart 4--General Provisions
`Sec. 5141. Maintenance of effort.
`Sec. 5142. Participation of children enrolled in private schools.
`Sec. 5143. Federal administration.
`Sec. 5144. Supplement, not supplant.
`Sec. 5145. Definitions.
`Sec. 5146. Authorization of appropriations.
PART B--Public Charter Schools
Subpart 1--Charter School Programs
`Sec. 5201. Purpose.
`Sec. 5202. Program authorized.
`Sec. 5203. Applications.
`Sec. 5204. Administration.
`Sec. 5205. National activities.
`Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions.
`Sec. 5207. Solicitation of input from charter school operators.
`Sec. 5208. Records transfer.
`Sec. 5209. Paperwork reduction.
`Sec. 5210. Definitions.
`Sec. 5211. Authorization of appropriations.
Subpart 2--Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction, and Renovation
`Sec. 5221. Purpose.
`Sec. 5222. Grants to eligible entities.
`Sec. 5223. Applications.
`Sec. 5224. Charter school objectives.
`Sec. 5225. Reserve account.
`Sec. 5226. Limitation on administrative costs.
`Sec. 5227. Audits and reports.
`Sec. 5228. No full faith and credit for grantee obligations.
`Sec. 5229. Recovery of funds.
`Sec. 5230. Definitions.
`Sec. 5231. Authorization of appropriations.
Subpart 3--Voluntary Public School Choice Programs
`Sec. 5241. Grants.
`Sec. 5242. Uses of funds.
`Sec. 5243. Applications.
`Sec. 5244. Priorities.
`Sec. 5245. Requirements and voluntary participation.
`Sec. 5246. Evaluations.
`Sec. 5247. Definitions.
`Sec. 5248. Authorization of appropriations.
PART C--Magnet Schools Assistance
`Sec. 5301. Findings and purpose.
`Sec. 5302. Definition.
`Sec. 5303. Program authorized.
`Sec. 5304. Eligibility.
`Sec. 5305. Applications and requirements.
`Sec. 5306. Priority.
`Sec. 5307. Use of funds.
`Sec. 5308. Prohibition.
`Sec. 5309. Limitations.
`Sec. 5310. Evaluations.
`Sec. 5311. Authorization of appropriations; reservation.
PART D--Fund for the Improvement of Education
`Sec. 5401. Authorization of appropriations.
Subpart 1--Fund for the Improvement of Education
`Sec. 5411. Programs authorized.
`Sec. 5412. Applications.
`Sec. 5413. Program requirements.
`Sec. 5414. Studies of national significance.
Subpart 2--Elementary and Secondary School Counseling Programs
`Sec. 5421. Elementary and secondary school counseling programs.
Subpart 3--Partnerships in Character Education
`Sec. 5431. Partnerships in Character Education program.
Subpart 4--Smaller Learning Communities
`Sec. 5441. Smaller learning communities.
Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution Program
`Sec. 5451. Inexpensive book distribution program for reading motivation.
Subpart 6--Gifted and Talented Students
`Sec. 5461. Short title.
`Sec. 5462. Purpose.
`Sec. 5463. Rule of construction.
`Sec. 5464. Authorized programs.
`Sec. 5465. Program priorities.
`Sec. 5466. General provisions.
Subpart 7--Star Schools Program
`Sec. 5471. Short title.
`Sec. 5472. Purposes.
`Sec. 5473. Grant program authorized.
`Sec. 5474. Applications.
`Sec. 5475. Other grant assistance.
`Sec. 5476. Administrative provisions.
`Sec. 5477. Definitions.
Subpart 8--Ready to Teach
`Sec. 5481. Grants.
`Sec. 5482. Application required.
`Sec. 5483. Reports and evaluation.
`Sec. 5484. Digital educational programming grants.
`Sec. 5485. Administrative costs.
Subpart 9--Foreign Language Assistance Program
`Sec. 5491. Short title.
`Sec. 5492. Program authorized.
`Sec. 5493. Applications.
`Sec. 5494. Elementary school foreign language incentive program.
Subpart 10--Physical Education
`Sec. 5501. Short title.
`Sec. 5502. Purpose.
`Sec. 5503. Program authorized.
`Sec. 5504. Applications.
`Sec. 5505. Requirements.
`Sec. 5506. Administrative provisions.
`Sec. 5507. Supplement, not supplant.
Subpart 11--Community Technology Centers
`Sec. 5511. Purpose and program authorization.
`Sec. 5512. Eligibility and application requirements.
`Sec. 5513. Uses of funds.
Subpart 12--Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading Partners in Massachusetts
`Sec. 5521. Short title.
`Sec. 5522. Findings and purposes.
`Sec. 5523. Program authorization.
`Sec. 5524. Administrative provisions.
`Sec. 5525. Availability of funds.
`Sec. 5526. Definitions.
Subpart 13--Excellence in Economic Education
`Sec. 5531. Short title.
`Sec. 5532. Purpose and goals.
`Sec. 5533. Grant program authorized.
`Sec. 5534. Applications.
`Sec. 5535. Requirements.
`Sec. 5536. Administrative provisions.
`Sec. 5537. Supplement, not supplant.
Subpart 14--Grants to Improve the Mental Health of Children
`Sec. 5541. Grants for the integration of schools and mental health systems.
`Sec. 5542. Promotion of school readiness through early childhood emotional and social development.
Subpart 15--Arts in Education
`Sec. 5551. Assistance for arts education.
Subpart 16--Parental Assistance and Local Family Information Centers
`Sec. 5561. Purposes.
`Sec. 5562. Grants authorized.
`Sec. 5563. Applications.
`Sec. 5564. Uses of funds.
`Sec. 5565. Administrative provisions.
`Sec. 5566. Local family information centers.
Subpart 17--Combatting Domestic Violence
`Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.
Subpart 18--Healthy, High-Performance Schools
`Sec. 5581. Grant program authorized.
`Sec. 5582. State uses of funds.
`Sec. 5583. Local uses of funds.
`Sec. 5584. Report to Congress.
`Sec. 5585. Limitations.
`Sec. 5586. Healthy, high-performance school building defined.
Subpart 19--Grants for Capital Expenses of Providing Equitable Services for Private School Students
`Sec. 5591. Grant program authorized.
`Sec. 5592. Uses of funds.
`Sec. 5593. Allotments to States.
`Sec. 5594. Subgrants to local educational agencies.
`Sec. 5595. Capital expenses defined.
`Sec. 5596. Termination.
Subpart 20--Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition