No Child Left Behind Act of 2001

by the 107th Congress of the United States

107^TH UNITED STATES CONGRESS
1^ST SESSION

An Act
To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind.

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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^[1] may be cited as the ``No Child Left Behind Act of 2001´´.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Transition.

Sec. 5. Effective date.

Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 101. Improving the academic achievement of the disadvantaged.

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

Sec. 201. Teacher and principal training and recruiting fund.

Sec. 202. Continuation of awards.

TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS

Sec. 301. Language instruction for limited English proficient children and immigrant children and youth.

TITLE IV—21ST CENTURY SCHOOLS

Sec. 401. 21st Century schools.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

Sec. 501. Innovative programs and parental choice provisions.

Sec. 502. Continuation of awards.

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.

Sec. 602. Amendment to the National Education Statistics Act of 1994.

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

Sec. 701. Indians, Native Hawaiians, and Alaska Natives.

Sec. 702. Conforming amendments.

Sec. 703. Savings provisions.

TITLE VIII—IMPACT AID PROGRAM

Sec. 801. Payments relating to Federal acquisition of real property.

Sec. 802. Payments for eligible federally connected children.

Sec. 803. Construction.

Sec. 804. State consideration of payments in providing State aid.

Sec. 805. Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS

Sec. 901. General provisions.

TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER STATUTES

Part A—Repeals

Sec. 1011. Repeals.

Sec. 1012. Conforming clerical and technical amendments.

Part B—Redesignations

Sec. 1021. Comprehensive Regional Assistance Centers.

Sec. 1022. National Diffusion Network.

Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.

Sec. 1024. Technology-based technical assistance.

Sec. 1025. Conforming amendments.

Part C—Homeless Education

Sec. 1031. Short title.

Sec. 1032. Education for homeless children and youths.

Sec. 1033. Conforming amendment.

Sec. 1034. Technical amendment.

Part D—Native American Education Improvement

Sec. 1041. Short title.

Sec. 1042. Amendments to the Education Amendments of 1978.

Sec. 1043. Tribally Controlled Schools Act of 1988.

Sec. 1044. Lease payments by the Ojibwa Indian School.

Sec. 1045. Enrollment and general assistance payments.

Part E—Higher Education Act of 1965

Sec. 1051. Preparing tomorrow's teachers to use technology.

Sec. 1052. Continuation of awards.

Part F—General Education Provisions Act

Sec. 1061. Student privacy, parental access to information, and administration of certain physical examinations to minors.

Sec. 1062. Technical corrections.

Part G—Miscellaneous Other Statutes

Sec. 1071. Title 5 of the United States Code.

Sec. 1072. Department of Education Organization Act.

Sec. 1073. Education Flexibility Partnership Act of 1999.

Sec. 1074. Educational Research, Development, Dissemination, and Improvement Act of 1994.

Sec. 1075. National Child Protection Act of 1993.

Sec. 1076. Technical and conforming amendments.

SEC. 3. REFERENCES.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 4. TRANSITION.

(a) Multi-Year Awards.—

Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2002.

(b) Planning and Transition.—

Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act.

(c) Orderly Transition.—

The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act.

SEC. 5. EFFECTIVE DATE.

(a) In General.—

Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.

(b) Noncompetitive Programs.—

With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2002.

(c) Competitive Programs.—

With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2002.

(d) Impact Aid.—

With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2002.

SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

The Act is amended—

(1) in the heading of section 1, by striking ``table of contents´´ and inserting ``short title´´; and

(2) by adding after section 1 the following new section:

``SEC. 2. TABLE OF CONTENTS.

``The table of contents for this Act is as follows:

``Sec. 1. Short title.

``Sec. 2. Table of contents.

``TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

``Sec. 1001. Statement of purpose.

``Sec. 1002. Authorization of appropriations.

``Sec. 1003. School improvement.

``Sec. 1004. State administration.

``Part A—Improving Basic Programs Operated by Local Educational Agencies

``Subpart 1—Basic Program Requirements

``Sec. 1111. State plans.

``Sec. 1112. Local educational agency plans.

``Sec. 1113. Eligible school attendance areas.

``Sec. 1114. Schoolwide programs.

``Sec. 1115. Targeted assistance schools.

``Sec. 1116. Academic assessment and local educational agency and school improvement.

``Sec. 1117. School support and recognition.

``Sec. 1118. Parental involvement.

``Sec. 1119. Qualifications for teachers and paraprofessionals.

``Sec. 1120. Participation of children enrolled in private schools.

``Sec. 1120A. Fiscal requirements.

``Sec. 1120B. Coordination requirements.

``Subpart 2—Allocations

``Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

``Sec. 1122. Allocations to States.

``Sec. 1124. Basic grants to local educational agencies.

``Sec. 1124A. Concentration grants to local educational agencies.

``Sec. 1125. Targeted grants to local educational agencies.

``Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.

``Sec. 1125A. Education finance incentive grant program.

``Sec. 1126. Special allocation procedures.

``Sec. 1127. Carryover and waiver.

``Part B—Student Reading Skills Improvement Grants

``Subpart 1—Reading First

``Sec. 1201. Purposes.

``Sec. 1202. Formula grants to State educational agencies.

``Sec. 1203. State formula grant applications.

``Sec. 1204. Targeted assistance grants.

``Sec. 1205. External evaluation.

``Sec. 1206. National activities.

``Sec. 1207. Information dissemination.

``Sec. 1208. Definitions.

``Subpart 2—Early Reading First

``Sec. 1221. Purposes; definitions.

``Sec. 1222. Local Early Reading First grants.

``Sec. 1223. Federal administration.

``Sec. 1224. Information dissemination.

``Sec. 1225. Reporting requirements.

``Sec. 1226. Evaluation.

``Subpart 3—William F. Goodling Even Start Family Literacy Programs

``Sec. 1231. Statement of purpose.

``Sec. 1232. Program authorized.

``Sec. 1233. State educational agency programs.

``Sec. 1234. Uses of funds.

``Sec. 1235. Program elements.

``Sec. 1236. Eligible participants.

``Sec. 1237. Applications.

``Sec. 1238. Award of subgrants.

``Sec. 1239. Evaluation.

``Sec. 1240. Indicators of program quality.

``Sec. 1241. Research.

``Sec. 1242. Construction.

``Subpart 4—Improving Literacy Through School Libraries

``Sec. 1251. Improving literacy through school libraries.

``Part C—Education of Migratory Children

``Sec. 1301. Program purpose.

``Sec. 1302. Program authorized.

``Sec. 1303. State allocations.

``Sec. 1304. State applications; services.

``Sec. 1305. Secretarial approval; peer review.

``Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.

``Sec. 1307. Bypass.

``Sec. 1308. Coordination of migrant education activities.

``Sec. 1309. Definitions.

``Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk

``Sec. 1401. Purpose and program authorization.

``Sec. 1402. Payments for programs under this part.

``Subpart 1—State Agency Programs

``Sec. 1411. Eligibility.

``Sec. 1412. Allocation of funds.

``Sec. 1413. State reallocation of funds.

``Sec. 1414. State plan and State agency applications.

``Sec. 1415. Use of funds.

``Sec. 1416. Institution-wide projects.

``Sec. 1417. Three-year programs or projects.

``Sec. 1418. Transition services.

``Sec. 1419. Evaluation; technical assistance; annual model program.

``Subpart 2—Local Agency Programs

``Sec. 1421. Purpose.

``Sec. 1422. Programs operated by local educational agencies.

``Sec. 1423. Local educational agency applications.

``Sec. 1424. Uses of funds.

``Sec. 1425. Program requirements for correctional facilities receiving funds under this section.

``Sec. 1426. Accountability.

``Subpart 3—General Provisions

``Sec. 1431. Program evaluations.

``Sec. 1432. Definitions.

``Part E—National Assessment of Title I

``Sec. 1501. Evaluations.

``Sec. 1502. Demonstrations of innovative practices.

``Sec. 1503. Assessment evaluation.

``Sec. 1504. Close Up fellowship program.

``Part F—Comprehensive School Reform

``Sec. 1601. Purpose.

``Sec. 1602. Program authorization.

``Sec. 1603. State applications.

``Sec. 1604. State use of funds.

``Sec. 1605. Local applications.

``Sec. 1606. Local use of funds.

``Sec. 1607. Evaluation and reports.

``Sec. 1608. Quality initiatives.

``Part G—Advanced Placement Programs

``Sec. 1701. Short title.

``Sec. 1702. Purposes.

``Sec. 1703. Funding distribution rule.

``Sec. 1704. Advanced placement test fee program.

``Sec. 1705. Advanced placement incentive program grants.

``Sec. 1706. Supplement, not supplant.

``Sec. 1707. Definitions.

``Part H—School Dropout Prevention

``Sec. 1801. Short title.

``Sec. 1802. Purpose.

``Sec. 1803. Authorization of appropriations.

``Subpart 1—Coordinated National Strategy

``Sec. 1811. National activities.

``Subpart 2—School Dropout Prevention Initiative

``Sec. 1821. Definitions.

``Sec. 1822. Program authorized.

``Sec. 1823. Applications.

``Sec. 1824. State reservation.

``Sec. 1825. Strategies and capacity building.

``Sec. 1826. Selection of local educational agencies for subgrants.

``Sec. 1827. Community based organizations.

``Sec. 1828. Technical assistance.

``Sec. 1829. School dropout rate calculation.

``Sec. 1830. Reporting and accountability.

``Part I—General Provisions

``Sec. 1901. Federal regulations.

``Sec. 1902. Agreements and records.

``Sec. 1903. State administration.

``Sec. 1904. Local educational agency spending audits.

``Sec. 1905. Prohibition against Federal mandates, direction, or control.

``Sec. 1906. Rule of construction on equalized spending.

``Sec. 1907. State report on dropout data.

``Sec. 1908. Regulations for sections 1111 and 1116.

``TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

``Part A—Teacher and Principal Training and Recruiting Fund

``Sec. 2101. Purpose.

``Sec. 2102. Definitions.

``Sec. 2103. Authorizations of appropriations.

``Subpart 1—Grants to States

``Sec. 2111. Allotments to States.

``Sec. 2112. State applications.

``Sec. 2113. State use of funds.

``Subpart 2—Subgrants to Local Educational Agencies

``Sec. 2121. Allocations to local educational agencies.

``Sec. 2122. Local applications and needs assessment.

``Sec. 2123. Local use of funds.

``Subpart 3—Subgrants to Eligible Partnerships

``Sec. 2131. Definitions.

``Sec. 2132. Subgrants.

``Sec. 2133. Applications.

``Sec. 2134. Use of funds.

``Subpart 4—Accountability

``Sec. 2141. Technical assistance and accountability.

``Subpart 5—National Activities

``Sec. 2151. National activities of demonstrated effectiveness.

``Part B—Mathematics and Science Partnerships

``Sec. 2201. Purpose; definitions.

``Sec. 2202. Grants for mathematics and science partnerships.

``Sec. 2203. Authorization of appropriations.

``Part C—Innovation for Teacher Quality

``Subpart 1—Transitions to Teaching

``CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

``Sec. 2301. Definitions.

``Sec. 2302. Authorization of Troops-to-Teachers Program.

``Sec. 2303. Recruitment and selection of program participants.

``Sec. 2304. Participation agreement and financial assistance.

``Sec. 2305. Participation by States.

``Sec. 2306. Support of innovative preretirement teacher certification programs.

``Sec. 2307. Reporting requirements.

``CHAPTER B—TRANSITION TO TEACHING PROGRAM

``Sec. 2311. Purposes.

``Sec. 2312. Definitions.

``Sec. 2313. Grant program.

``Sec. 2314. Evaluation and accountability for recruiting and retaining teachers.

``CHAPTER C—GENERAL PROVISIONS

``Sec. 2321. Authorization of appropriations.

``Subpart 2—National Writing Project

``Sec. 2331. Purposes.

``Sec. 2332. National Writing Project.

``Subpart 3—Civic Education

``Sec. 2341. Short title.

``Sec. 2342. Purpose.

``Sec. 2343. General authority.

``Sec. 2344. We the People program.

``Sec. 2345. Cooperative civic education and economic education exchange programs.

``Sec. 2346. Authorization of appropriations.

``Subpart 4—Teaching of Traditional American History

``Sec. 2351. Establishment of program.

``Sec. 2352. Authorization of appropriations.

``Subpart 5—Teacher Liability Protection

``Sec. 2361. Short title.

``Sec. 2362. Purpose.

``Sec. 2363. Definitions.

``Sec. 2364. Applicability.

``Sec. 2365. Preemption and election of State nonapplicability.

``Sec. 2366. Limitation on liability for teachers.

``Sec. 2367. Allocation of responsibility for noneconomic loss.

``Sec. 2368. Effective date.

``Part D—Enhancing Education Through Technology

``Sec. 2401. Short title.

``Sec. 2402. Purposes and goals.

``Sec. 2403. Definitions.

``Sec. 2404. Authorization of appropriations.

``Subpart 1—State and Local Technology Grants

``Sec. 2411. Allotment and reallotment.

``Sec. 2412. Use of allotment by State.

``Sec. 2413. State applications.

``Sec. 2414. Local applications.

``Sec. 2415. State activities.

``Sec. 2416. Local activities.

``Subpart 2—National Technology Activities

``Sec. 2421. National activities.

``Sec. 2422. National education technology plan.

``Subpart 3—Ready-to-Learn Television

``Sec. 2431. Ready-to-Learn Television.

``Subpart 4—Limitation on Availability of Certain Funds for Schools

``Sec. 2441. Internet safety.

``TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS

``Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts.

``Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

``Sec. 3101. Short title.

``Sec. 3102. Purposes.

``Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement

``Sec. 3111. Formula grants to States.

``Sec. 3112. Native American and Alaska Native children in school.

``Sec. 3113. State and specially qualified agency plans.

``Sec. 3114. Within-State allocations.

``Sec. 3115. Subgrants to eligible entities.

``Sec. 3116. Local plans.

``Subpart 2—Accountability and Administration

``Sec. 3121. Evaluations.

``Sec. 3122. Achievement objectives and accountability.

``Sec. 3123. Reporting requirements.

``Sec. 3124. Coordination with related programs.

``Sec. 3125. Rules of construction.

``Sec. 3126. Legal authority under State law.

``Sec. 3127. Civil rights.

``Sec. 3128. Programs for Native Americans and Puerto Rico.

``Sec. 3129. Prohibition.

``Subpart 3—National Activities

``Sec. 3131. National professional development project.

``Subpart 4—Definitions

``Sec. 3141. Eligible entity.

``Part B—Improving Language Instruction Educational Programs

``Sec. 3201. Short title.

``Sec. 3202. Purpose.

``Sec. 3203. Native American children in school.

``Sec. 3204. Residents of the territories and freely associated states.

``Subpart 1—Program Development and Enhancement

``Sec. 3211. Financial assistance for language instruction educational programs.

``Sec. 3212. Program enhancement activities.

``Sec. 3213. Comprehensive school and systemwide improvement activities.

``Sec. 3214. Applications.

``Sec. 3215. Capacity building.

``Sec. 3216. Programs for Native Americans and Puerto Rico.

``Sec. 3217. Evaluations.

``Sec. 3218. Construction.

``Subpart 2—Research, Evaluation, and Dissemination

``Sec. 3221. Authority.

``Sec. 3222. Research.

``Sec. 3223. Academic excellence awards.

``Sec. 3224. State grant program.

``Sec. 3225. Instruction materials development.

``Subpart 3—Professional Development

``Sec. 3231. Professional development grants.

``Subpart 4—Emergency Immigrant Education Program

``Sec. 3241. Purpose.

``Sec. 3242. State administrative costs.

``Sec. 3243. Withholding.

``Sec. 3244. State allotments.

``Sec. 3245. State applications.

``Sec. 3246. Administrative provisions.

``Sec. 3247. Uses of funds.

``Sec. 3248. Reports.

``Subpart 5—Administration

``Sec. 3251. Release time.

``Sec. 3252. Notification.

``Sec. 3253. Coordination and reporting requirements.

``Part C—General Provisions

``Sec. 3301. Definitions.

``Sec. 3302. Parental notification.

``Sec. 3303. National Clearinghouse.

``Sec. 3304. Regulations.

``TITLE IV—21ST CENTURY SCHOOLS

``Part A—Safe and Drug-Free Schools and Communities

``Sec. 4001. Short title.

``Sec. 4002. Purpose.

``Sec. 4003. Authorization of appropriations.

``Subpart 1—State Grants

``Sec. 4111. Reservations and allotments.

``Sec. 4112. Reservation of State funds for safe and drug-free schools.

``Sec. 4113. State application.

``Sec. 4114. Local educational agency program.

``Sec. 4115. Authorized activities.

``Sec. 4116. Reporting.

``Sec. 4117. Programs for Native Hawaiians.

``Subpart 2—National Programs

``Sec. 4121. Federal activities.

``Sec. 4122. Impact evaluation.

``Sec. 4123. Hate crime prevention.

``Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee.

``Sec. 4125. National coordinator program.

``Sec. 4126. Community service grant program.

``Sec. 4127. School Security Technology and Resource Center.

``Sec. 4128. National Center for School and Youth Safety.

``Sec. 4129. Grants to reduce alcohol abuse.

``Sec. 4130. Mentoring programs.

``Subpart 3—Gun Possession

``Sec. 4141. Gun-free requirements.

``Subpart 4—General Provisions

``Sec. 4151. Definitions.

``Sec. 4152. Message and materials.

``Sec. 4153. Parental consent.

``Sec. 4154. Prohibited uses of funds.

``Sec. 4155. Transfer of school disciplinary records.

``Part B—21st Century Community Learning Centers

``Sec. 4201. Purpose; definitions.

``Sec. 4202. Allotments to States.

``Sec. 4203. State application.

``Sec. 4204. Local competitive grant program.

``Sec. 4205. Local activities.

``Sec. 4206. Authorization of appropriations.

``Part C—Environmental Tobacco Smoke

``Sec. 4301. Short title.

``Sec. 4302. Definitions.

``Sec. 4303. Nonsmoking policy for children's services.

``Sec. 4304. Preemption.

``TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

``Part A—Innovative Programs

``Sec. 5101. Purposes, State and local responsibility.

``Subpart 1—State and Local Programs

``Sec. 5111. Allotment to States.

``Sec. 5112. Allocation to local educational agencies.

``Subpart 2—State Programs

``Sec. 5121. State uses of funds.

``Sec. 5122. State applications.

``Subpart 3—Local Innovative Education Programs

``Sec. 5131. Local uses of funds.

``Sec. 5132. Administrative authority.

``Sec. 5133. Local applications.

``Subpart 4—General Provisions

``Sec. 5141. Maintenance of effort.

``Sec. 5142. Participation of children enrolled in private schools.

``Sec. 5143. Federal administration.

``Sec. 5144. Supplement, not supplant.

``Sec. 5145. Definitions.

``Sec. 5146. Authorization of appropriations.

``Part B—Public Charter Schools

``Subpart 1—Charter School Programs

``Sec. 5201. Purpose.

``Sec. 5202. Program authorized.

``Sec. 5203. Applications.

``Sec. 5204. Administration.

``Sec. 5205. National activities.

``Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions.

``Sec. 5207. Solicitation of input from charter school operators.

``Sec. 5208. Records transfer.

``Sec. 5209. Paperwork reduction.

``Sec. 5210. Definitions.

``Sec. 5211. Authorization of appropriations.

``Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction, and Renovation

``Sec. 5221. Purpose.

``Sec. 5222. Grants to eligible entities.

``Sec. 5223. Applications.

``Sec. 5224. Charter school objectives.

``Sec. 5225. Reserve account.

``Sec. 5226. Limitation on administrative costs.

``Sec. 5227. Audits and reports.

``Sec. 5228. No full faith and credit for grantee obligations.

``Sec. 5229. Recovery of funds.

``Sec. 5230. Definitions.

``Sec. 5231. Authorization of appropriations.

``Subpart 3—Voluntary Public School Choice Programs

``Sec. 5241. Grants.

``Sec. 5242. Uses of funds.

``Sec. 5243. Applications.

``Sec. 5244. Priorities.

``Sec. 5245. Requirements and voluntary participation.

``Sec. 5246. Evaluations.

``Sec. 5247. Definitions.

``Sec. 5248. Authorization of appropriations.

``Part C—Magnet Schools Assistance

``Sec. 5301. Findings and purpose.

``Sec. 5302. Definition.

``Sec. 5303. Program authorized.

``Sec. 5304. Eligibility.

``Sec. 5305. Applications and requirements.

``Sec. 5306. Priority.

``Sec. 5307. Use of funds.

``Sec. 5308. Prohibition.

``Sec. 5309. Limitations.

``Sec. 5310. Evaluations.

``Sec. 5311. Authorization of appropriations; reservation.

``Part D—Fund for the Improvement of Education

``Sec. 5401. Authorization of appropriations.

``Subpart 1—Fund for the Improvement of Education

``Sec. 5411. Programs authorized.

``Sec. 5412. Applications.

``Sec. 5413. Program requirements.

``Sec. 5414. Studies of national significance.

``Subpart 2—Elementary and Secondary School Counseling Programs

``Sec. 5421. Elementary and secondary school counseling programs.

``Subpart 3—Partnerships in Character Education

``Sec. 5431. Partnerships in Character Education program.

``Subpart 4—Smaller Learning Communities

``Sec. 5441. Smaller learning communities.

``Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program

``Sec. 5451. Inexpensive book distribution program for reading motivation.

``Subpart 6—Gifted and Talented Students

``Sec. 5461. Short title.

``Sec. 5462. Purpose.

``Sec. 5463. Rule of construction.

``Sec. 5464. Authorized programs.

``Sec. 5465. Program priorities.

``Sec. 5466. General provisions.

``Subpart 7—Star Schools Program

``Sec. 5471. Short title.

``Sec. 5472. Purposes.

``Sec. 5473. Grant program authorized.

``Sec. 5474. Applications.

``Sec. 5475. Other grant assistance.

``Sec. 5476. Administrative provisions.

``Sec. 5477. Definitions.

``Subpart 8—Ready to Teach

``Sec. 5481. Grants.

``Sec. 5482. Application required.

``Sec. 5483. Reports and evaluation.

``Sec. 5484. Digital educational programming grants.

``Sec. 5485. Administrative costs.

``Subpart 9—Foreign Language Assistance Program

``Sec. 5491. Short title.

``Sec. 5492. Program authorized.

``Sec. 5493. Applications.

``Sec. 5494. Elementary school foreign language incentive program.

``Subpart 10—Physical Education

``Sec. 5501. Short title.

``Sec. 5502. Purpose.

``Sec. 5503. Program authorized.

``Sec. 5504. Applications.

``Sec. 5505. Requirements.

``Sec. 5506. Administrative provisions.

``Sec. 5507. Supplement, not supplant.

``Subpart 11—Community Technology Centers

``Sec. 5511. Purpose and program authorization.

``Sec. 5512. Eligibility and application requirements.

``Sec. 5513. Uses of funds.

``Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading Partners in Massachusetts

``Sec. 5521. Short title.

``Sec. 5522. Findings and purposes.

``Sec. 5523. Program authorization.

``Sec. 5524. Administrative provisions.

``Sec. 5525. Availability of funds.

``Sec. 5526. Definitions.

``Subpart 13—Excellence in Economic Education

``Sec. 5531. Short title.

``Sec. 5532. Purpose and goals.

``Sec. 5533. Grant program authorized.

``Sec. 5534. Applications.

``Sec. 5535. Requirements.

``Sec. 5536. Administrative provisions.

``Sec. 5537. Supplement, not supplant.

``Subpart 14—Grants to Improve the Mental Health of Children

``Sec. 5541. Grants for the integration of schools and mental health systems.

``Sec. 5542. Promotion of school readiness through early childhood emotional and social development.

``Subpart 15—Arts in Education

``Sec. 5551. Assistance for arts education.

``Subpart 16—Parental Assistance and Local Family Information Centers

``Sec. 5561. Purposes.

``Sec. 5562. Grants authorized.

``Sec. 5563. Applications.

``Sec. 5564. Uses of funds.

``Sec. 5565. Administrative provisions.

``Sec. 5566. Local family information centers.

``Subpart 17—Combatting Domestic Violence

``Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.

``Subpart 18—Healthy, High-Performance Schools

``Sec. 5581. Grant program authorized.

``Sec. 5582. State uses of funds.

``Sec. 5583. Local uses of funds.

``Sec. 5584. Report to Congress.

``Sec. 5585. Limitations.

``Sec. 5586. Healthy, high-performance school building defined.

``Subpart 19—Grants for Capital Expenses of Providing Equitable Services for Private School Students

``Sec. 5591. Grant program authorized.

``Sec. 5592. Uses of funds.

``Sec. 5593. Allotments to States.

``Sec. 5594. Subgrants to local educational agencies.

``Sec. 5595. Capital expenses defined.

``Sec. 5596. Termination.

``Subpart 20—Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition

``Sec. 5601. Reservation.

``Sec. 5602. Eligibility.

``Sec. 5603. Maximum amount.

``Subpart 21—Women's Educational Equity Act

``Sec. 5611. Short title and findings.

``Sec. 5612. Statement of purpose.

``Sec. 5613. Programs authorized.

``Sec. 5614. Applications.

``Sec. 5615. Criteria and priorities.

``Sec. 5616. Report.

``Sec. 5617. Administration.

``Sec. 5618. Amount.

``TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

``Part A—Improving Academic Achievement

``Subpart 1—Accountability

``Sec. 6111. Grants for State assessments and related activities.

``Sec. 6112. Grants for enhanced assessment instruments.

``Sec. 6113. Funding.

``Subpart 2—Funding Transferability for State and Local Educational Agencies

``Sec. 6121. Short title.

``Sec. 6122. Purpose.

``Sec. 6123. Transferability of funds.

``Subpart 3—State and Local Flexibility Demonstration

``Sec. 6131. Short title.

``Sec. 6132. Purpose.

``Sec. 6133. General provision.

``CHAPTER A—STATE FLEXIBILITY AUTHORITY

``Sec. 6141. State flexibility.

``Sec. 6142. Consolidation and use of funds.

``Sec. 6143. Performance review and penalties.

``Sec. 6144. Renewal of grant of flexibility authority.

``CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION

``Sec. 6151. Local flexibility demonstration agreements.

``Sec. 6152. Consolidation and use of funds.

``Sec. 6153. Limitations on administrative expenditures.

``Sec. 6154. Performance review and penalties.

``Sec. 6155. Renewal of local flexibility demonstration agreement.

``Sec. 6156. Reports.

``Subpart 4—State Accountability for Adequate Yearly Progress

``Sec. 6161. Accountability for adequate yearly progress.

``Sec. 6162. Peer review.

``Sec. 6163. Technical assistance.

``Sec. 6164. Report to Congress.

``Part B—Rural Education Initiative

``Sec. 6201. Short title.

``Sec. 6202. Purpose.

``Subpart 1—Small, Rural School Achievement Program

``Sec. 6211. Use of applicable funding.

``Sec. 6212. Grant program authorized.

``Sec. 6213. Accountability.

``Subpart 2—Rural and Low-Income School Program

``Sec. 6221. Program authorized.

``Sec. 6222. Uses of funds.

``Sec. 6223. Applications.

``Sec. 6224. Accountability.

``Subpart 3—General Provisions

``Sec. 6231. Annual average daily attendance determination.

``Sec. 6232. Supplement, not supplant.

``Sec. 6233. Rule of construction.

``Sec. 6234. orization of appropriations.

``Part C—General Provisions

``Sec. 6301. Prohibition against Federal mandates, direction, or control.

``Sec. 6302. Rule of construction on equalized spending.

``TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

``Part A—Indian Education

``Sec. 7101. Statement of policy.

``Sec. 7102. Purpose.

``Subpart 1—Formula Grants to Local Educational Agencies

``Sec. 7111. Purpose.

``Sec. 7112. Grants to local educational agencies and tribes.

``Sec. 7113. Amount of grants.

``Sec. 7114. Applications.

``Sec. 7115. Authorized services and activities.

``Sec. 7116. Integration of services authorized.

``Sec. 7117. Student eligibility forms.

``Sec. 7118. Payments.

``Sec. 7119. State educational agency review.

``Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children

``Sec. 7121. Improvement of educational opportunities for Indian children.

``Sec. 7122. Professional development for teachers and education professionals.

``Subpart 3—National Activities

``Sec. 7131. National research activities.

``Sec. 7132. In-service training for teachers of Indian children.

``Sec. 7133. Fellowships for Indian students.

``Sec. 7134. Gifted and talented Indian students.

``Sec. 7135. Grants to tribes for education administrative planning and development.

``Sec. 7136. Improvement of educational opportunities for adult Indians.

``Subpart 4—Federal Administration

``Sec. 7141. National Advisory Council on Indian Education.

``Sec. 7142. Peer review.

``Sec. 7143. Preference for Indian applicants.

``Sec. 7144. Minimum grant criteria.

``Subpart 5—Definitions; Authorizations of Appropriations

``Sec. 7151. Definitions.

``Sec. 7152. Authorizations of appropriations.

``Part B—Native Hawaiian Education

``Sec. 7201. Short title.

``Sec. 7202. Findings.

``Sec. 7203. Purposes.

``Sec. 7204. Native Hawaiian Education Council and island councils.

``Sec. 7205. Program authorized.

``Sec. 7206. Administrative provisions.

``Sec. 7207. Definitions.

``Part C—Aalaska Native Education

``Sec. 7301. Short title.

``Sec. 7302. Findings.

``Sec. 7303. Purposes.

``Sec. 7304. Program authorized.

``Sec. 7305. Administrative provisions.

``Sec. 7306. Definitions.

``TITLE VIII—IMPACT AID

``Sec. 8001. Purpose.

``Sec. 8002. Payments relating to Federal acquisition of real property.

``Sec. 8003. Payments for eligible federally connected children.

``Sec. 8004. Policies and procedures relating to children residing on Indian lands.

``Sec. 8005. Application for payments under sections 8002 and 8003.

``Sec. 8007. Construction.

``Sec. 8008. Facilities.

``Sec. 8009. State consideration of payments in providing State aid.

``Sec. 8010. Federal administration.

``Sec. 8011. Administrative hearings and judicial review.

``Sec. 8012. Forgiveness of overpayments.

``Sec. 8013. Definitions.

``Sec. 8014. Authorization of appropriations.

``TITLE IX—GENERAL PROVISIONS

``Part A—Definitions

``Sec. 9101. Definitions.

``Sec. 9102. Applicability of title.

``Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

``Part B—Flexibility in the use of Administrative and Other Funds

``Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.

``Sec. 9202. Single local educational agency States.

``Sec. 9203. Consolidation of funds for local administration.

``Sec. 9204. Consolidated set-aside for Department of the Interior funds.

``Part C—Coordination of Programs; Consolidated State and Local Plans and Applications

``Sec. 9301. Purpose.

``Sec. 9302. Optional consolidated State plans or applications.

``Sec. 9303. Consolidated reporting.

``Sec. 9304. General applicability of State educational agency assurances.

``Sec. 9305. Consolidated local plans or applications.

``Sec. 9306. Other general assurances.

``Part D—Waivers

``Sec. 9401. Waivers of statutory and regulatory requirements.

``Part E—Uniform Provisions

``Subpart 1—Private Schools

``Sec. 9501. Participation by private school children and teachers.

``Sec. 9502. Standards for by-pass.

``Sec. 9503. Complaint process for participation of private school children.

``Sec. 9504. By-pass determination process.

``Sec. 9505. Prohibition against funds for religious worship or instruction.

``Sec. 9506. Private, religious, and home schools.

``Subpart 2—Other Provisions

``Sec. 9521. Maintenance of effort.

``Sec. 9522. Prohibition regarding State aid.

``Sec. 9523. Privacy of assessment results.

``Sec. 9524. School prayer.

``Sec. 9525. Equal access to public school facilities.

``Sec. 9526. General prohibitions.

``Sec. 9527. Prohibitions on Federal Government and use of Federal funds.

``Sec. 9528. Armed Forces recruiter access to students and student recruiting information.

``Sec. 9529. Prohibition on federally sponsored testing.

``Sec. 9530. Limitations on national testing or certification for teachers.

``Sec. 9531. Prohibition on nationwide database.

``Sec. 9532. Unsafe school choice option.

``Sec. 9533. Prohibition on discrimination.

``Sec. 9534. Civil rights.

``Sec. 9535. Rulemaking.

``Sec. 9536. Severability.

``Part F—Evaluations

``Sec. 9601. Evaluations.´´.

Approved January 8, 2002.

Notes

1. So in original, probably should have been " This Act "

Legislative History

• H.R. 1 (S. 1):

• HOUSE REPORTS:
  • Nos. 107-63, Pt. 1 (Comm. on Education and the Workforce) and 107-334 (Comm. of Conference).
• SENATE REPORTS:
  • No. 107-7 accompanying S. 1 (Comm. on Health, Education, Labor, and Pensions).
• CONGRESSIONAL RECORD, Vol. 147 (2001):
  • May 17, 22, 23, considered and passed House.
  • June 14, considered and passed Senate, amended, in lieu of S. 1.
  • Dec. 13, House agreed to conference report.
  • Dec. 17, 18, Senate considered and agreed to conference report.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
  • Jan. 8, Presidential remarks.