No Child Left Behind Act: Text

No Child Left Behind Full Text:

SEC. 1. SHORT TITLE
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,

SEC. 1. SHORT TITLE.

This title may be cited as the No Child Left Behind Act of 2001.

SEC. 2. TABLE OF CONTENTS
The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective date.
Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

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

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

Sec. 201. Teacher and principal training and recruiting fund.
Sec. 202. Continuation of awards.

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

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

TITLE IV—21ST CENTURY SCHOOLS

Sec. 401. 21st Century schools.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

Sec. 501. Innovative programs and parental choice provisions.
Sec. 502. Continuation of awards.

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.
Sec. 602. Amendment to the National Education Statistics Act of 1994.

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

Sec. 701. Indians, Native Hawaiians, and Alaska Natives.
Sec. 702. Conforming amendments.
Sec. 703. Savings provisions.

TITLE VIII—IMPACT AID PROGRAM
Sec. 801. Payments relating to Federal acquisition of real property.
Sec. 802. Payments for eligible federally connected children.
Sec. 803. Construction.
Sec. 804. State consideration of payments in providing State aid.
Sec. 805. Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS
Sec. 901. General provisions.

TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER STATUTES
Part A—Repeals

Sec. 1011. Repeals.
Sec. 1012. Conforming clerical and technical amendments.

Part B—Redesignations

Sec. 1021. Comprehensive Regional Assistance Centers.
Sec. 1022. National Diffusion Network.
Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.
Sec. 1024. Technology-based technical assistance.
Sec. 1025. Conforming amendments.

Part C—Homeless Education

Sec. 1031. Short title.
Sec. 1032. Education for homeless children and youths.
Sec. 1033. Conforming amendment.
Sec. 1034. Technical amendment.

Part D—Native American Education Improvement

Sec. 1041. Short title.
Sec. 1042. Amendments to the Education Amendments of 1978.
Sec. 1043. Tribally Controlled Schools Act of 1988.
Sec. 1044. Lease payments by the Ojibwa Indian School.
Sec. 1045. Enrollment and general assistance payments.

PART E—HIGHER EDUCATION ACT OF 1965

Sec. 1051. Preparing tomorrow's teachers to use technology.
Sec. 1052. Continuation of awards.

Part F—General Education Provisions Act

Sec. 1061. Student privacy, parental access to information, and administration of certain physical examinations to minors.
Sec. 1062. Technical corrections.

Part G—Miscellaneous Other Statutes

Sec. 1071. Title 5 of the United States Code.
Sec. 1072. Department of Education Organization Act.
Sec. 1073. Education Flexibility Partnership Act of 1999.
Sec. 1074. Educational Research, Development, Dissemination, and Improvement Act of 1994.
Sec. 1075. National Child Protection Act of 1993.
Sec. 1076. Technical and conforming amendments.


SEC. 3. REFERENCES

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


SEC. 4. TRANSITION

(a) MULTI-YEAR AWARDS- Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2002.
(b) PLANNING AND TRANSITION- Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act.

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


SEC. 5. EFFECTIVE DATE

(a) IN GENERAL- Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.

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

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

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


SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
The Act is amended —
(1) in the heading of section 1, by striking 'table of contents' and inserting 'short title'; and
(2) by adding after section 1 the following new section:

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I — IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. State administration.

Part A —Improving Basic Programs Operated by Local Educational Agencies

Subpart 1 —Basic Program Requirements
Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. Academic assessment and local educational agency and school improvement.
Sec. 1117. School support and recognition.
Sec. 1118. Parental involvement.
Sec. 1119. Qualifications for teachers and paraprofessionals.
Sec. 1120. Participation of children enrolled in private schools.
Sec. 1120A. Fiscal requirements.
Sec. 1120B. Coordination requirements.

Subpart 2 —Allocations

Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.Sec. 1127. Carryover and waiver.

Part B —Student Reading Skills Improvement Grants

Subpart 1 —Reading First

Sec. 1201. Purposes.
Sec. 1202. Formula grants to State educational agencies.
Sec. 1203. State formula grant applications.
Sec. 1204. Targeted assistance grants.
Sec. 1205. External evaluation.
Sec. 1206. National activities.
Sec. 1207. Information dissemination.
Sec. 1208. Definitions.

Subpart 2 —Early Reading First

Sec. 1221. Purposes; definitions.
Sec. 1222. Local Early Reading First grants.
Sec. 1223. Federal administration.
Sec. 1224. Information dissemination.
Sec. 1225. Reporting requirements.
Sec. 1226. Evaluation.

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

Sec. 1231. Statement of purpose.
Sec. 1232. Program authorized.
Sec. 1233. State educational agency programs.
Sec. 1234. Uses of funds.
Sec. 1235. Program elements.
Sec. 1236. Eligible participants.
Sec. 1237. Applications.
Sec. 1238. Award of subgrants.
Sec. 1239. Evaluation.
Sec. 1240. Indicators of program quality.
Sec. 1241. Research.
Sec. 1242. Construction.

Subpart 4 —Improving Literacy Through School Libraries

Sec. 1251. Improving literacy through school libraries.

Part C —Education of Migratory Children

Sec. 1301. Program purpose.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.
Sec. 1307. Bypass.
Sec. 1308. Coordination of migrant education activities.
Sec. 1309. Definitions.

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

Sec. 1401. Purpose and program authorization.
Sec. 1402. Payments for programs under this part.

Subpart 1 —State Agency Programs

Sec. 1411. Eligibility.
Sec. 1412. Allocation of funds.
Sec. 1413. State reallocation of funds.
Sec. 1414. State plan and State agency applications.
Sec. 1415. Use of funds.
Sec. 1416. Institution-wide projects.
Sec. 1417. Three-year programs or projects.
Sec. 1418. Transition services.
Sec. 1419. Evaluation; technical assistance; annual model program.

Subpart 2 —Local Agency Programs

Sec. 1421. Purpose.
Sec. 1422. Programs operated by local educational agencies.
Sec. 1423. Local educational agency applications.
Sec. 1424. Uses of funds.
Sec. 1425. Program requirements for correctional facilities receiving funds under this section.
Sec. 1426. Accountability.

Subpart 3 —General Provisions

Sec. 1431. Program evaluations.
Sec. 1432. Definitions.

Part E —National Assessment of Title I

Sec. 1501. Evaluations.
Sec. 1502. Demonstrations of innovative practices.
Sec. 1503. Assessment evaluation.
Sec. 1504. Close Up fellowship program.

Part F —Comprehensive School Reform

Sec. 1601. Purpose.
Sec. 1602. Program authorization.
Sec. 1603. State applications.
Sec. 1604. State use of funds.
Sec. 1605. Local applications.
Sec. 1606. Local use of funds.
Sec. 1607. Evaluation and reports.
Sec. 1608. Quality initiatives.

Part G —Advanced Placement Programs

Sec. 1701. Short title.
Sec. 1702. Purposes.
Sec. 1703. Funding distribution rule.
Sec. 1704. Advanced placement test fee program.
Sec. 1705. Advanced placement incentive program grants.
Sec. 1706. Supplement, not supplant.
Sec. 1707. Definitions.

Part H —School Dropout Prevention

Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Authorization of appropriations.

Subpart 1 —Coordinated National Strategy

Sec. 1811. National activities.

Subpart 2 —School Dropout Prevention Initiative

Sec. 1821. Definitions.
Sec. 1822. Program authorized.
Sec. 1823. Applications.
Sec. 1824. State reservation.
Sec. 1825. Strategies and capacity building.
Sec. 1826. Selection of local educational agencies for subgrants.
Sec. 1827. Community based organizations.
Sec. 1828. Technical assistance.
Sec. 1829. School dropout rate calculation.
Sec. 1830. Reporting and accountability.

Part I —General Provisions

Sec. 1901. Federal regulations.
Sec. 1902. Agreements and records.
Sec. 1903. State administration.
Sec. 1904. Local educational agency spending audits.
Sec. 1905. Prohibition against Federal mandates, direction, or control.
Sec. 1906. Rule of construction on equalized spending.
Sec. 1907. State report on dropout data.
Sec. 1908. Regulations for sections 1111 and 1116.

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

Part A —Teacher and Principal Training and Recruiting Fund

Sec. 2101. Purpose.
Sec. 2102. Definitions.
Sec. 2103. Authorizations of appropriations.

Subpart 1 —Grants to States

Sec. 2111. Allotments to States.
Sec. 2112. State applications.
Sec. 2113. State use of funds.

Subpart 2 —Subgrants to Local Educational Agencies

Sec. 2121. Allocations to local educational agencies.
Sec. 2122. Local applications and needs assessment.
Sec. 2123. Local use of funds.

Subpart 3 —Subgrants to Eligible Partnerships

Sec. 2131. Definitions.
Sec. 2132. Subgrants.
Sec. 2133. Applications.
Sec. 2134. Use of funds.

Subpart 4 —Accountability

Sec. 2141. Technical assistance and accountability.

Subpart 5 —National Activities

Sec. 2151. National activities of demonstrated effectiveness.

Part B —Mathematics and Science Partnerships

Sec. 2201. Purpose; definitions.
Sec. 2202. Grants for mathematics and science partnerships.
Sec. 2203. Authorization of appropriations.

Part C —Innovation for Teacher Quality

Subpart 1 —Transitions to Teaching

CHAPTER A —TROOPS-TO-TEACHERS PROGRAM

Sec. 2301. Definitions.
Sec. 2302. Authorization of Troops-to-Teachers Program.
Sec. 2303. Recruitment and selection of program participants.
Sec. 2304. Participation agreement and financial assistance.
Sec. 2305. Participation by States.
Sec. 2306. Support of innovative preretirement teacher certification programs.
Sec. 2307. Reporting requirements.

CHAPTER B —TRANSITION TO TEACHING PROGRAM

Sec. 2311. Purposes.
Sec. 2312. Definitions.
Sec. 2313. Grant program.
Sec. 2314. Evaluation and accountability for recruiting and retaining teachers.

CHAPTER C —GENERAL PROVISIONS

Sec. 2321. Authorization of appropriations.

Subpart 2 —National Writing Project

Sec. 2331. Purposes.
Sec. 2332. National Writing Project.

Subpart 3 —Civic Education

Sec. 2341. Short title.
Sec. 2342. Purpose.
Sec. 2343. General authority.
Sec. 2344. We the People program.
Sec. 2345. Cooperative civic education and economic education exchange programs.
Sec. 2346. Authorization of appropriations.

Subpart 4 —Teaching of Traditional American History

Sec. 2351. Establishment of program.
Sec. 2352. Authorization of appropriations.

Subpart 5 —Teacher Liability Protection

Sec. 2361. Short title.
Sec. 2362. Purpose.
Sec. 2363. Definitions.
Sec. 2364. Applicability.
Sec. 2365. Preemption and election of State nonapplicability.
Sec. 2366. Limitation on liability for teachers.
Sec. 2367. Allocation of responsibility for noneconomic loss.
Sec. 2368. Effective date.

Part D —Enhancing Education Through Technology