Table of Contents

ESEA Title VI (No Child Left Behind, 2002) & revisions
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In March, 2010, President Obama laid out his ideas for revamping the Elementary and Secondary Education Act (ESEA), commonly known as No Child Left Behind. The abbreviation, NCLB, is often pronounced “nickel-bee.”

At that time, President Obama released a “Blueprint for Reform” (pdf) that outlined his priorities for the law’s reauthorization. The law was written with the cooperation of Democrats and Republicans in 2001, and signed into law in early 2002 by then-President George W. Bush.

He reintroduced ideas for funding education to “Win the Future” in his January, 2011 State of the Union speech, emphasizing budget priorities that Congress will consider for fiscal year 2010-2011.

In March, 2011, President Obama gave new remarks indicating that he wants to see bipartisan cooperation on revisions to the law and its reauthorization by August, 2011.

 

How to Use This Site

You’ll see this very long law is divided into its component ten sections, or Title I through Title X. You can jump from Title to Title by clicking on the “Legislative focus group and workshop” in the banner, which returns you to the page that lists all the sections.

Click the apple and eraser to go to the home page of K12NewsNetwork.com for more topical education news.

Within each section, you can add your comments or read those left by others. This is a great opportunity to identify those areas you want your legislator to focus on, and gather feedback from other grassroots parents, educators, and students who want to support and improve public education in America. Please do contact your elected representative and make your views known.

K12NewsNetwork.com also has a legislative agenda where we list bills we support or oppose on POPVOX. We connect you to lawmakers so you can shape the laws that affect your life, and urge you to make use of our page or to contact the district or DC offices of your representative by phone, email, fax, or in a constituent visit to the office.

 

An Overview of No Child Left Behind

The preamble to this law’s called “Beginning.” It gives you an overview of what the various subsections of the law are called, and functions as an approximate table of contents.

  • Title I is the longest, toughest slog. It contains important information on parent involvement in public education, programs on the development of reading skills, the education of migratory children, provisions for at-risk kids from low-income backgrounds, and advanced placement testing. Mixed in are a lot of rules regarding grant applications by local and state education agencies which aren’t really relevant to individuals.
  • Title II covers funding used to train teachers and principals. It covers specific programs, like Troops-to-Teachers that help veterans get accreditation for civilian teaching jobs, or the National Writing Project or STEM (science, technology, engineering, or math) education, or teachers who use technology to help them teach.
  • Title III addresses Limited English Learners who want to get up to speed in English as well as native speakers of English who seek instruction in global languages.
  • Title IV addresses non-curricular parts of school culture that nevertheless are important part of the school day. These parts of the law address safety issues, from student health and freedom from drug or alcohol abuse, to gun-free and smoke-free zones.
  • Title V emphasizes parental choice among types of schools, and covers charter schools, which are hybrid public- and private-funded schools that operate under different rules than existing public schools. Also covered here: gifted and talented education, magnet schools, women’s education equity, and physical education. It’s a bit of a catch-all category.
  • Title VI talks about flexibility and accountability–again, aimed more at state and local educational agencies that receive federal money. There is one section on calculation of Adequate Yearly Progress, i.e., standardized testing, which is worth looking at, as is the section on Rural Schools.
  • Title VII addresses the education of children who are Native Hawaiian, Native Alaskan, or belong to an American Indian nation. Native people have a different relationship to the federal government that takes into account that recognized tribes have treaties and other kinds of historically-based agreements with the federal government.
  • Title VIII covers federal payments to a very small number of schools which sound like a one-time peculiarity of funding issues relating to those schools. More broadly, this part of the law allows for federal emergency grants to schools to fix school facilities under certain conditions (if no other way of funding it, such as a bond measure, is possible).
  • Title IX gives attention to the federal government’s limited oversight into private schools. This part also addresses rules governing school prayer, equal access to school facilities (such as in school athletic programs where inequality between boys’ and girls’ athletic teams is often an issue), and armed forces recruiting.
  • Title X is again a catch-all area that contains amendments and repeals of sections of prior law. Here you’ll find tweaks to education laws pertaining to homeless children, American Indian children (as it intersects with the Bureau of Indian Affairs), and laws having to do with teacher training.

Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows: TITLE VI — FLEXIBILITY AND ACCOUNTABILITY

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The Secretary shall make grants to States to enable the States — (1) to pay the costs of the development of the additional State assessments and standards required by section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State; and (2) if a State has developed the assessments and standards required by section 1111(b), to administer those assessments or to carry out other activities described in this subpart and [...]

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(a) GRANT PROGRAM AUTHORIZED- From funds made available to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing such information as the Secretary may require, which demonstrate to the satisfaction of the Secretary, that the requirements of this section will be met, for the following: (1) To enable States (or consortia of States) to collaborate with institutio [...]

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(a) AUTHORIZATION OF APPROPRIATIONS- (1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS- For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated $72,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years. (2) STATE ASSESSMENTS AND RELATED ACTIVITIES- For the purpose of carrying out this subpart, there are authorized to be appropriated $490,000,000 for fisc [...]

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This subpart may be cited as the 'State and Local Transferability Act'.

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The purpose of this subpart is to allow States and local educational agencies the flexibility — (1) to target Federal funds to Federal programs that most effectively address the unique needs of States and localities; and (2) to transfer Federal funds allocated to other activities to allocations for certain activities authorized under title I.

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(a) TRANSFERS BY STATES- (1) IN GENERAL- In accordance with this subpart, a State may transfer not more than 50 percent of the nonadministrative State funds (including funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following provisions for a fiscal year to one or more of the State's allotments for such fiscal year under any other of such provisions: (A) Section 2113(a)(3). (B) Section 2412(a)(1). (C) Subsections (a)(1) (with the agreemen [...]

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This subpart may be cited as the 'State and Local Flexibility Demonstration Act'.

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The purpose of this subpart is to create options for selected State educational agencies and local educational agencies — (1) to improve the academic achievement of all students, and to focus the resources of the Federal Government upon such achievement; (2) to improve teacher quality and subject matter mastery, especially in mathematics, reading, and science; (3) to better empower parents, educators, administrators, and schools to effectively address the needs of their children and students; [...]

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For purposes of this subpart, any State that is one local educational agency shall be considered a State educational agency and not a local educational agency. -###-

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(a) FLEXIBILITY AUTHORITY- Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, grant flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and use funds in accordance with section 6142. (b) DEFINITIONS- In this chapter: (1) ELIGIBLE STATE EDUCATIONAL AGENCY- The term eligible State educational agency' means a State educational agency that — (A) submits an approvable application under sub [...]

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(a) IN GENERAL- (1) AUTHORITY- Under a grant of flexibility authority made under this chapter, a State educational agency may consolidate Federal funds described in subsection (b) and made available to the agency, and use such funds for any educational purpose authorized under this Act. (2) PROGRAM REQUIREMENTS- Except as otherwise provided in this chapter, a State educational agency may use funds under paragraph (1) notwithstanding the program requirements of the program under which the funds w [...]

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(a) MIDTERM REVIEW- (1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS- If, during the term of a grant of flexibility authority under this chapter, a State educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the grant of authority promptly. (2) NONCOMPLIANCE- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as de [...]

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(a) IN GENERAL- Except as provided in section 6143 and in accordance with this section, if a State educational agency has met, by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section 6141(c), the Secretary shall renew a grant of flexibility authority for one additional 5-year term. (b) RENEWAL- The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months before the end [...]

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(a) AUTHORITY- Except as otherwise provided in this chapter, the Secretary shall, on a competitive basis, enter into local flexibility demonstration agreements — (1) with local educational agencies that submit approvable proposed agreements under subsection (c) and that are selected under subsection (b); and (2) under which those agencies may consolidate and use funds in accordance with section 6152. (b) SELECTION OF LOCAL EDUCATIONAL AGENCIES- (1) IN GENERAL- Subject to paragraph (2), the Sec [...]

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(a) IN GENERAL- (1) AUTHORITY- Under a local flexibility demonstration agreement entered into under this chapter, a local educational agency may consolidate Federal funds made available to the agency under the provisions listed in subsection (b) and use such funds for any educational purpose permitted under this Act. (2) PROGRAM REQUIREMENTS- Except as otherwise provided in this chapter, a local educational agency may use funds under paragraph (1) notwithstanding the program requirements of the [...]

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Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this chapter may use for administrative purposes not more than 4 percent of the total amount of funds allocated to the agency under the programs included in the scope of the agreement.

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(a) MIDTERM REVIEW- (1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS- If, during the term of a local flexibility demonstration agreement, a local educational agency fails to make adequate yearly progress for 2 consecutive years, the Secretary shall, after notice and opportunity for a hearing, promptly terminate the agreement. (2) NONCOMPLIANCE- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3) [...]

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(a) IN GENERAL- Except as provided in section 6154 and in accordance with this section, the Secretary shall renew for one additional 5-year term a local flexibility demonstration agreement entered into under this chapter if the local educational agency has met, by the end of the original term of the agreement, the requirements described in section 6151(c). (b) NOTIFICATION- The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less than 6 months b [...]

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(a) TRANSMITTAL TO CONGRESS- Not later than 60 days after the Secretary receives a report described in section 6151(b)(10), the Secretary shall make the report available to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (b) LIMITATION- A State in which a local educational agency that has a local flexibility demonstration agreement is located may not require such local educational agency to pr [...]

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In the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such date of enactment, the Secretary shall annually, starting with the beginning of the first school year following the first two school years for which such plans were implemented, review whether the State has — (1) made adequate yearly progr [...]

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The Secretary shall use a peer review process to review, based on data from the State assessments administered under section 1111(b)(3) and on data from the evaluations conducted under section 3121, whether the State has failed to make adequate yearly progress for 2 consecutive years or whether the State has met its annual measurable achievement objectives.

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(a) PROVISION OF ASSISTANCE- (1) ADEQUATE YEARLY PROGRESS- Based on the review described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not later than the beginning of the first school year that begins after such determination is made. (2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES- Based on the reviews described i [...]

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Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate containing the following: (1) A list of each State that has not made adequate yearly progress based on the review conducted under section 6161(1). (2) A list of each State that has not met its annual measurable achievement objectives based on the rev [...]

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This part may be cited as the 'Rural Education Achievement Program'.

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It is the purpose of this part to address the unique needs of rural school districts that frequently — (1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and (2) receive formula grant allocations in amounts too small to be effective in meeting their intended purposes. -###-

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(a) ALTERNATIVE USES- (1) IN GENERAL- Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: (A) Part A of title I. (B) Part A or D of title II. (C) Title III. (D) Part A or B of title IV. (E) Part A of title V. (2) NOTIFICATION- An eligible local educational agency shall [...]

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(a) IN GENERAL- The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: (1) Part A of title I. (2) Part A or D of title II. (3) Title III. (4) Part A or B of title IV. (5) Part A of title V. (b) ALLOCATION- (1) IN GENERAL- Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible unde [...]

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(a) ACADEMIC ACHIEVEMENT ASSESSMENT- Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(3). (b) DETERMINATION REGARDING CONTINUING PARTICIPATION- Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall — (1) after the third year that a local educational agency in the State participates in a program under this subpart and o [...]

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(a) GRANTS TO STATES- (1) IN GENERAL- From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 62 [...]

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(a) LOCAL AWARDS- Grant funds awarded to local educational agencies under this subpart shall be used for any of the following: (1) Teacher recruitment and retention, including the use of signing bonuses and other financial incentives. (2) Teacher professional development, including programs that train teachers to utilize technology to improve teaching and to train special needs teachers. (3) Educational technology, including software and hardware, as described in part D of title II. (4) Parental [...]

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(a) IN GENERAL- Each State educational agency or specially qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) CONTENTS- At a minimum, each application submitted under subsection (a) shall include information on specific measurable goals and objectives to be achieved through the activities carried out through the grant, which may include spe [...]

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(a) STATE REPORT- Each State educational agency that receives a grant under this subpart shall prepare and submit an annual report to the Secretary. The report shall describe — (1) the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; (2) how local educational agencies and schools used funds provided under this subpart; and (3) the degree to which progress has been made toward meeting the g [...]

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(a) CENSUS DETERMINATION- Each local educational agency desiring a grant under section 6212 and each local educational agency or specially qualified agency desiring a grant under subpart 2 shall — (1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and (2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary [...]

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Funds made available under subpart 1 or subpart 2 shall be used to supplement, and not supplant, any other Federal, State, or local education funds.

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Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this part.

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There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, to be distributed equally between subparts 1 and 2. -###-

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Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act.

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Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.'

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(a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS- Section 411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended to read as follows:

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(a) ESTABLISHMENT- The Commissioner shall, with the advice of the National Assessment Governing Board established under section 412, and with the technical assistance of the Advisory Council established under section 407, carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment [...]

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(a) ESTABLISHMENT- There is established the National Assessment Governing Board (hereafter in this title referred to as the Board'), which shall formulate policy guidelines for the National Assessment. (b) MEMBERSHIP- (1) APPOINTMENT AND COMPOSITION- The Board shall be appointed by the Secretary and be composed as follows: (A) Two Governors, or former Governors, who shall not be members of the same political party. (B) Two State legislators, who shall not be members of the same political party. [...]

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