tent and student performance standards, and assessments aligned with such standards, which meet all of the criteria in this subsection and any regulations regarding such standards and assessments which the Secretary may publish, and which are applicable to all students served by each such local educational agency.

"(4) ASSESSMENTS.-Each State plan shall demonstrate that the State has implemented a set of high-quality, yearly student assessments that include, at a minimum, assessments in mathematics, reading or language arts, and science, that will be used, starting not later than the 2000-2001 school year, as the primary means of determining the yearly performance of each local educational agency and school served under this title in enabling all children served under this part to meet the State's challenging student performance Such standards. assessments shall

"(A) be the same assessments used to measure the performance of all children, if the State measures the performance of all children;

"(B) be aligned with the State's challenging content and student performance standards and provide coherent information about student attainment of such standards; "(C) be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards for such assessments;

"(D) measure the proficiency of students in the academic subjects in which a State has adopted challenging content and student performance standards and be administered not less than one or more times during"(i) grades 3 through 5; "(ii) grades 6 through 9; and "(iii) grades 10 through 12;

"(E) involve multiple up-to-date measures of student performance, including measures that assess higher order thinking skills and understanding;

"(F) provide for

"(i) the participation in such assessments of all students;

"(ii) the reasonable adaptations and accommodations for students with disabilities defined under 602(3) of the Individuals with Disabilities Education Act necessary to measure the achievement of such students relative to State content and State student performance standards;

"(iii) the inclusion of limited English proficient students who shall be assessed, to the extent practicable, in the language and form most likely to yield accurate and reliable information on what such students know and can do in content areas;

"(iv) notwithstanding clause (iii), the assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for three or more consecutive school years, except if the local educational agency determines, on a case-bycase individual basis, that assessments in another language and form would likely yield more accurate and reliable information on what such students know and can do, the local educational agency may assess such students in the appropriate language other than English for one additional year; and

"(G) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than one school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency;

"(H) provide individual student reports, which include assessment scores, or other in

formation on the attainment of student performance standards; and

"(I) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged.

"(5) SPECIAL RULE.—

"(A) IN GENERAL.-Assessment measures that do not meet the requirements of paragraph (4)(C) may be included as one of the multiple measures, if a State includes in the State plan information regarding the State's efforts to validate such measures.

“(B) STUDENT PROFICIENCY IN GRADES K-2.— States may measure the proficiency of students in the academic subjects in which a State has adopted challenging content and student performance standards one or more times during grades K-2.

"(6) LANGUAGE ASSESSMENTS.-Each State plan shall identify the languages other than English that are present in the participating student population and indicate the languages for which yearly student assessments are not available and are needed. The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate assessment measures in the needed languages, but shall not mandate a specific assessment or mode of instruction.

“(7) ASSESSMENT DEVELOPMENT.-A State shall develop, and implement State assessments that are aligned to challenging State content standards that include, at a minimum, mathematics and reading or language arts by the 2000-2001 school year.

“(8) REQUIREMENT.-Each State plan shall describe

"(A) how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(c), and 1115(c) that is applicable to such agency or school; and

"(B) such other factors the State considers appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging content standards adopted by the State.

"(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.-Each State plan shall contain assurances that

"(1) the State educational agency will work with other agencies, including educational service agencies or other local consortia, and institutions to provide technical assistance to local educational agencies and schools to carry out the State educational agency's responsibilities under this part, including technical assistance in providing professional development under section 1119 and technical assistance under section 1117; and

"(2)(A) where educational service agencies exist, the State educational agency will consider providing professional development and technical assistance through such agencies; and

"(B) where educational service agencies do not exist, the State educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies;

"(3) the State educational agency will notify local educational agencies and the public of the content and student performance standards and assessments developed under this section, and of the authority to operate

schoolwide programs, and will fulfill the State educational agency's responsibilities regarding local educational agency improvement and school improvement under section 1116, including such corrective actions as are necessary;

"(4) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;

"(5) the State educational agency will inform the Secretary and the public of how Federal laws, if at all, hinder the ability of States to hold local educational agencies and schools accountable for student academic performance;

"(6) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114;

"(7) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 1114;

"(8) the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; and

"(9) the State educational agency will inform local educational agencies of the local educational agency's authority to obtain waivers under title XIV and, if the State is an Ed-Flex Partnership State, waivers under the Education Flexibility Partnership Act of 1999 (30 U.S.C. 589a et seq.).

"(d) PEER REVIEW AND SECRETARIAL APPROVAL.

"(1) SECRETARIAL DUTIES.-The Secretary shall

"(A) establish a peer review process to assist in the review of State plans;

“(B) approve a State plan after its submission unless the Secretary determines that the plan does not meet the requirements of this section;

"(C) if the Secretary determines that the State plan does not meet the requirements of subsection (a), (b), or (c), immediately notify the State of such determination and the reasons for such determination;

"(D) not decline to approve a State's plan before

"(i) offering the State an opportunity to revise its plan;

"(ii) providing technical assistance in order to assist the State to meet the requirements under subsections (a), (b), and (c); and "(iii) providing a hearing;

"(E) have the authority to disapprove a State plan for not meeting the requirements of this part, but shall not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan one or more specific elements of the State's content standards or to use specific assessment instruments or items; and

"(2) STATE REVISIONS.-States shall revise their plans if necessary to satisfy the requirements of this section. Revised plans shall be submitted to the Secretary for approval not later than 1 year after the date of the enactment of the Student Results Act of 1999.

"(e) DURATION OF THE PLAN.—

**(1) IN GENERAL.-Each State plan shall"(A) be submitted for the first year for which this part is in effect after the date of the enactment of the Student Results Act of 1999;

"(B) remain in effect for the duration of the State's participation under this part; and "(C) be periodically reviewed and revised by the State, as necessary, to reflect changes

in the State's strategies and programs under this part.

"(2) ADDITIONAL INFORMATION.-If the State makes significant changes in its plan, such as the adoption of new State content standards and State student performance standards, new assessments, or a new definition of adequate yearly progress, the State shall submit such information to the Secretary.

"(f) LIMITATION ON CONDITIONS.-Nothing in this part 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 or student performance standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this part. "(g) PENALTIES.

"(1) IN GENERAL.-If a State fails to meet the statutory deadlines for demonstrating that it has in place challenging content standards and student performance standards and assessments, and a system for measuring and monitoring adequate yearly progress, the State shall be ineligible to receive any administrative funds under section 1002(h) that exceed the amount received by the State for such purpose in the previous year.

"(2) ADDITIONAL FUNDS.-Based on the extent to which such content standards, performance standards, assessments, and monitoring of adequate yearly progress, are not in place, additional administrative funds shall be withheld in such amount as the Secretary determines appropriate, except that for each additional year that the State fails to comply with such requirements, the Secretary shall withhold not less than one-fifth of the amount the State receives for administrative expenses under section 1002(h).

“(3) WAIVER.-Notwithstanding title XIV of this Act and the Education Flexibility Partnership Act or any other provision of law, a waiver shall not be granted except that a State may request a 1-time, 1-year waiver to meet the requirements of this section.". "(h) SCHOOL REPORTS.— "(1) IN GENERAL.—

"(A) ANNUAL REPORT.-Except as provided in subparagraph (C), not later than the beginning of the 2001-2002 school year, a State that receives assistance under this Act shall prepare and disseminate an annual report on all schools that receive funds under this part. States and local educational agencies may issue report cards under this section only for local educational agencies and schools receiving funds under this part, except that if a State or local educational agency issues a report card for all students, the State or local educational agency may include the information under this section as part of such report card.

"(B) IMPLEMENTATION.—The State shall ensure the dissemination of this information at all levels. Such information shall be"(i) concise; and

"(ii) presented in a format and manner that parents can understand, and which, to the extent practicable, shall be in a language the parents can understand.

"(C) PUBLIC DISSEMINATION.-In the event the State does not include such information through a report card, the State shall, not later than the beginning of the 2001-2002 school year, publicly report the information described in paragraph (2) through other public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, for all schools that receive funds under this part.

"(2) CONTENT OF ANNUAL STATE REPORTS.— "(A) REQUIRED INFORMATION.-The State shall, at a minimum, include in the annual State reports information for the State on each local educational agency and school receiving funds under this part regarding

"(i) student performance on statewide assessments for the current and preceding years in at least mathematics, reading or language arts, and science, including

"(I) a comparison of the proportions of students who performed at 'basic', 'proficient', and 'advanced' levels in each subject area, for each grade level at which assessments are required under this part, with proportions in each of the same three categories at the same grade levels in the previous school year; and

"(II) a statement of the percentage of students not tested and a listing of categories of the reasons why they were not tested;

"(ii) retention in grade, completion of advanced placement courses, and 4-year graduation rates;

"(iii) the professional qualifications of teachers in the aggregate, including the percentage of teachers teaching with emergency or provisional credentials, and the percentage of class sections not taught by fully qualified teachers; and

"(iv) the professional qualifications of paraprofessionals, the number of paraprofessionals in the aggregate and the ratio of paraprofessionals to teachers in the class

room.

"(B) STUDENT DATA.-Student data in each report shall contain disaggregated results for the following categories:

"(i) gender;

"(ii) racial and ethnic group; "(iii) migrant status;

"(iv) students with disabilities, as compared to students who are not disabled;

"(v) economically disadvantaged students, as compared to students who are not economically disadvantaged; and

"(vi) students with limited English proficiency, as compared to students who are proficient in English.

"(C) OPTIONAL INFORMATION.-A State may include in its report any other information it determines appropriate to reflect school quality and school achievement, including information on average class size by grade level, and information on school safety, such as the incidence of school violence and drug and alcohol abuse, and the incidence of student suspensions and expulsions.

"(3) CONTENT OF LOCAL EDUCATIONAL AGENCIES REPORTS.—

"(A) MINIMUM REQUIREMENTS.-The State shall ensure that each local educational agency collects appropriate data and includes in its annual report for each school that receives funds under this part, at a

minimum—

"(i) the information described in paragraphs (2)(A) and (2)(B) for each local educational agency and school

"(I) in the case of a local educational agency

"(aa) the number and percentage of schools identified for school improvement, including schools identified under section 1116(c) of this Act;

"(bb) information that shows how students in its schools perform on the statewide assessment compared to students in the State as a whole;

"(II) in the case of a school—

"(aa) whether it has been identified for school improvement; and

"(bb) information that shows how its students performed on the statewide assessment compared to students in the local educational agency and the State as a whole.

"(B) OTHER INFORMATION.-A local educational agency may include in its annual reports any other appropriate information whether or not such information is included in the annual State report.

"(C) PUBLIC DISSEMINATION.-In the event the local educational agency does not include such information through a report card, the local educational agency shall, not

later than the beginning of the 2001-2002 school year, publicly report the information described in paragraph (3) through other public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, only for schools that receive funds under this part, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report.

"(4) DISSEMINATION AND ACCESSIBILITY OF REPORTS.

"(A) STATE REPORTS.-State annual reports under paragraph (2) shall be, disseminated to all schools and local educational agencies in the State, and made broadly available to the public through means such as posting on the Internet, distribution to the media, and distribution through public agencies.

"(B) LOCAL EDUCATIONAL AGENCY REPORTS.-Local educational agency reports under paragraph (3) shall be disseminated to all schools receiving funds under this part, in the school district and to all parents of students attending these schools and made broadly available to the public through means such as posting on the Internet, distribution to the media, and distribution through public agencies.

"(5) PARENTS RIGHT-TO-KNOW.—

"(A) QUALIFICATIONS.-A local educational agency that receives funds under this part shall provide, upon request, in an understandable and uniform format, to any parent of a student attending any school receiving funds under this part, information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:

"(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

or

"(ii) Whether the teacher is teaching under emergency other provisional status through which State qualification or licensing criteria have been waived.

"(iii) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.

"(iv) Whether the child is provided services by paraprofessionals and the qualifications of such paraprofessional.

"(B) ADDITIONAL INFORMATION.-In addition to the information which parents may request under subparagraph (A), and the information provided in subsection (c), a school which receives funds under this part shall provide to each individual parent guardian

or

“(i) information on the level of performance of the individual student for whom they are the parent or guardian in each of the State assessments as required under this part; and

"(ii) timely notice that the student for whom they are the parent or guardian has been assigned or has been taught for two or more consecutive weeks by a substitute teacher or by a teacher not fully qualified.

"(6) PLAN CONTENT.-A State shall include in its plan under subsection (b) an assurance that it has in effect a policy that meets the requirements of this section.

"(i) PRIVACY.-Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals.

"(j) SPECIAL RULE ON SCIENCE STANDARDS AND ASSESSMENTS.-Notwithstanding subsections (b) and (h), no State shall be required to meet the requirements under this title relating to science standards or assessments until the beginning of the 2005-2006 school year.".

SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS. (a) SUBGRANTS.-Paragraph (1) of section 1112(a) (20 U.S.C. 6312(a)(1)) is amended by striking "the Goals 2000: Educate America Act" and all that follows and inserting the following: "the Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, the Head Start Act, and other Acts, as appropriate.".

(b) PLAN PROVISIONS.-Subsection (b) of section 1112 (20 U.S.C. 6312(b)) is amended

(1) by striking "Each" in the matter preceding paragraph (1) and inserting "In order to help low-achieving children achieve to high standards, each";

(2) in paragraph (1)—

(A) by striking "part" each place it appears and inserting "title";

(B) in subparagraph (B), by inserting "lowachieving" before "children";

(C) by striking "and" at the end of subparagraph (B);

(D) by inserting "and" at the end of subparagraph (C); and

(E) by adding at the end the following new subparagraph:

"(D) determine the literacy levels of first graders and their need for interventions, and a description of how the local educational agency will ensure that any such assessments

"(i) are developmentally appropriate; and "(ii) use multiple measures to provide information about the variety of skills that scientifically based research has identified as leading to early acquisition of reading skills.";

(3) in paragraph (4)—

(A) in subparagraph (A), by striking ", and school-to-work transition programs"; and

(B) in subparagraph (B), by striking "under part C or who were formerly eligible for services under part C in the 2-year period preceding the date of the enactment of the Improving America's School Act of 1994, neglected or delinquent youth and youth at risk of dropping out" and inserting "under part C, neglected or delinquent youth, Indian children served under title IX,";

(4) in paragraph (7), by striking "eligible homeless children" and inserting "homeless children";

(5) by striking the period at the end of paragraph (9) and inserting "; and"; and

(6) by adding at the end the following new paragraphs:

"(10) a description of the actions the local educational agency will take to assist its low-performing schools, including schools identified under section 1116 as in need of improvement;

"(11) a description of how the agency will promote the use of extended learning time, such as an extended school year and before and after school and summer programs; and "(12) a description of the criteria established by the local educational agency pursuant to section 1119(b)(1).".

(c) ASSURANCES.-Subsection (c) of section 1112 (20 U.S.C. 6312(c)) is amended to read as follows:

"(c) ASSURANCES.

"(1) IN GENERAL.-Each local educational agency plan shall provide assurances that the local educational agency will

"(A) inform eligible schools and parents of schoolwide project authority and the ability of such schools to consolidate funds from Federal, State, and local sources;

"(B) provide technical assistance and support to schoolwide programs;

"(C) work in consultation with schools as the schools develop the schools' plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school can make adequate yearly

progress toward meeting the State student performance standards;

"(D) fulfill such agency's school improvement responsibilities under section 1116, including taking corrective actions under section 1116(b)(9);

"(E) provide services to eligible children attending private elementary and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services;

"(F) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part;

"(G) in the case of a local educational agency that chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act;

“(H) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals;

"(I) inform eligible schools of the local educational agency's authority to obtain waivers on the school's behalf under title XIV of this Act, and if the State is an EdFlex Partnership State, waivers under the Education Flexibility Partnership Act of 1999; and

"(J) coordinate and collaborate, to the extent feasible and necessary as determined by the local educational agency, with other agencies providing services youth, and families.

children,

"(2) SPECIAL RULE.-In carrying out subparagraph (G) of paragraph (1) the Secretary

"(A) shall consult with the Secretary of Health and Human Services on the implementation of such subparagraph and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and

"(B) upon publication, shall disseminate to local educational agencies the Head Start performance standards as in effect under section 641A(a) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State, and local funding sources to assist in compliance with such subparagraph.

"(3) INAPPLICABILITY.-The provisions of this subsection shall not apply to preschool programs using the Even Start model or to Even Start programs which are expanded through the use of funds under this part.". (d) PLAN DEVELOPMENT AND DURATION.— Section 1112 is amended by striking subsection (d) and inserting the following:

"(d) PLAN DEVELOPMENT AND DURATION.— "(1) CONSULTATION.-Each local educational agency plan shall be developed in consultation with teachers, administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part.

"(2) DURATION. Each such plan shall be submitted for the first year for which this part is in effect following the date of the enactment of the Student Results Act of 1999 and shall remain in effect for the duration of the agency's participation under this part.

"(3) REVIEW.-Each such local educational agency shall periodically review, and as necessary, revise its plan.".

1112 (20

(e) STATE APPROVAL.-Section U.S.C. 6312(e)) is amended by striking subsection (e) and inserting the following: "(e) STATE APPROVAL.—

"(1) IN GENERAL.-Each local educational agency plan shall be filed according to a schedule established by the State educational agency.

"(2) APPROVAL.-The State educational agency shall approve a local educational agency's plan only if the State educational agency determines that the local educational agency's plan

"(A) will enable schools served under this part to substantially help children served under this part meet the standards expected of all children described in section 1111(b)(1); and

"(B) will meet the requirements of this section.".

(f) PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE INSTRUCTION.-Section 1112 (20 U.S.C. 6312) is amended by adding at the end the following:

"(g) PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE INSTRUCTION.—

"(1) NOTIFICATION.-If a local educational agency uses funds under this part to provide English language instruction to limited English proficient children, the agency shall inform a parent or the parents of a child participating in an English language instruction program for limited English proficient children assisted under this part of

"(A) the reasons for the identification of the child as being in need of English language instruction;

"(B) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement; and

"(C) how the English language instruction program will specifically help the child acquire English and meet age-appropriate standards for grade promotion and graduation:

"(D) what the specific exit requirements are for the program;

"(E) the expected rate of graduation from the program into mainstream classes; and

"(F) the expected rate of graduation from high school for the program if funds under this part are used for children in secondary schools.

"(2) CONSENT.

"(A) AGENCY REQUIREMENTS.—

"(i) INFORMED CONSENT.-For a child who has been identified as limited English proficient prior to the beginning of the school year, each local educational agency that receives funds under this part shall obtain informed parental consent prior to the placement of a child in an English language instruction program for limited English proficient children funded under this part, if—

"(I) the program does not include classes which exclusively or almost exclusively use the English language in instruction; or

"(II) instruction is tailored for limited English proficient children.

"(ii) WRITTEN CONSENT NOT OBTAINED.—If written consent is not obtained, the local educational agency shall maintain a written record that includes the date and the manner in which such informed consent was obtained.

"(iii) RESPONSE NOT OBTAINED.—

"(I) IN GENERAL.-If a response cannot be obtained after a reasonable and substantial effort has been made to obtain such consent, the local educational agency shall document that it has given such notice and its specific efforts made to obtain such consent.

"(II) DELIVERY OF PROOF OF DOCUMENTATION. The proof of documentation shall be mailed or delivered in writing to the parents

or guardian of the child prior to placing the child in a program described under in clause (i), and shall include a final notice requesting parental consent for such services. After such documentation has been mailed or delivered in writing, the local educational agency shall provide appropriate educational services.

"(III) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.-A local educational agency may obtain parental consent under this subclause only for children who have not been identified as limited English proficient prior to the beginning of a school year. For such children the agency shall document, in writing, its specific efforts made to obtain such consent prior to placing the child in a program described in clause (i). After such documentation has been made, the local educational agency shall provide appropriate educational services to such child. The proof of documentation shall be mailed or delivered in writing to the parents or guardian of the child in a timely manner and shall include information on how to have their child immediately removed from the program upon their request. This subclause shall not be construed as exempting a local educational agency from complying with the requirements of this subparagraph.

"(B) PARENTAL RIGHTS.-A parent or the parents of a child participating in an English language instruction program for limited English proficient children assisted under this Act shall

"(i) select among methods of instruction, if more than one method is offered in the program; and

“(ii) have the right to have their child immediately removed from the program upon their request.

“(3) RECEIPT OF INFORMATION.-A parent or the parents of a child identified for participation in an English language instruction program for limited English proficient children assisted under this part shall receive, in a manner and form understandable to the parent or parents, the information required by this subsection. At a minimum, the parent or parents shall receive

"(A) timely information about English language instruction programs for limited English proficient children assisted under this Act; and

"(B) if a parent of a participating child so desires, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents.

"(4) BASIS FOR ADMISSION OR EXCLUSION.— Students shall not be admitted to or excluded from any federally assisted education program on the basis of a surname or language-minority status.".

SEC. 107. ELIGIBLE SCHOOL ATTENDANCE AREAS.

Section 1113 (20 U.S.C. 6313) is amended to read as follows:

"SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

"(a) DETERMINATION.—

"(1) IN GENERAL.-A local educational agency shall use funds received under this part only in eligible school attendance areas. “(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.— For the purposes of this part

"(A) the term 'school attendance area' means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and

"(B) the term 'eligible school attendance area' means a school attendance area in which the percentage of children from lowincome families is at least as high as the percentage of children from low-income families in the local educational agency as a whole. "(3) LOCAL EDUCATIONAL AGENCY DISCRETION.—

"(A) IN GENERAL.-Notwithstanding paragraph (2), a local educational agency may"(i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;

"(ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;

"(iii) designate and serve a school attendance area or school that is not eligible under subsection (b), but that was eligible and that was served in the preceding fiscal year, but only for one additional fiscal year; and

"(iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

"(I) the school meets the comparability requirements of section 1120A(c);

"(II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and

"(III) the funds expended from such other sources equal or exceed the amount that would be provided under this part.

"(B) SPECIAL RULE.-Notwithstanding subparagraph (A)(iv), the number of children attending private elementary and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).

"(b) RANKING ORDER.-If funds allocated in accordance with subsection (f) are insufficient to serve all eligible school attendance areas, a local educational agency

"(1) shall annually rank from highest to lowest according to the percentage of children from low-income families in each agency's eligible school attendance areas in the following order

"(A) eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent; and

"(B) all remaining eligible school attendance areas in which the concentration of children from low-income families is 75 percent or lower either by grade span or for the entire local educational agency;

"(2) shall, within each category listed in paragraph (1), serve schools in rank order from highest to lowest according to the ranking assigned under paragraph (1);

"(3) notwithstanding paragraph (2), may give priority, within each such category and in rank order from highest to lowest subject to paragraph (4), to eligible school attendance areas that serve children in elementary schools; and

"(4) not serve a school described in paragraph (1)(B) before serving a school described in paragraph (1)(A).

"(c) LOW-INCOME MEASURES.-In determining the number of children ages 5 through 17 who are from low-income families, the local educational agency shall apply the measures described in paragraphs (1) and (2) of this subsection:

“(1) ALLOCATION TO PUBLIC SCHOOL ATTENDANCE AREAS.-The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive

medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency

"(A) to identify eligible school attendance areas;

"(B) to determine the ranking of each area; and

"(C) to determine allocations under subsection (f).

"(2) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS.

"(A) CALCULATION.-A local educational agency shall have the final authority, consistent with section 1120 to calculate the number of private school children, ages 5 through 17, who are low-income by

"(i) using the same measure of low-income used to count public school children;

"(ii) using the results of a survey that, to the extent possible, protects the identity of families of private school students and allowing such survey results to be extrapolated if complete actual data are not available: or

"(iii) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that attendance area.

"(B) COMPLAINT PROCESS.-Any dispute regarding low-income data on private school students shall be subject to the complaint process authorized in section 14505.

"(d) EXCEPTION.-This section (other than subsections (a)(3) and (f)) shall not apply to a local educational agency with a total enrollment of less than 1,500 children.

"(e) WAIVER FOR DESEGREGATION PLANS.The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (f), and permit such agency to treat as eligible, and serve, any school that children attend under a desegregation plan ordered by a State or court or approved by the Secretary, or such a plan that the agency continues to implement after it has expired, if—

"(1) the number of economically disadvantaged children enrolled in the school is not less than 25 percent of the school's total enrollment; and

"(2) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. “(f) ALLOCATIONS.

"(1) IN GENERAL.-A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsection (b) in rank order on the basis of the total number of children from low-income families in each area or school.

"(2) SPECIAL RULE.-(A) Except as provided in subparagraph (B), the per pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.

"(B) A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115.

"(3) RESERVATION.-A local educational agency shall reserve such funds as are necessary under this part to provide services

comparable to those provided to children in schools funded under this part to serve—

"(A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters;

“(B) children in local institutions for neglected or delinquent children; and

"(C) where appropriate, neglected and delinquent children in community day school programs.

"(4) SCHOOL IMPROVEMENT RESERVATION.-A local educational agency shall reserve such funds as are necessary under this part to meet such agency's school improvement responsibilities under section 1116, including taking corrective actions under section 1116(b)(9).

"(5) FINANCIAL INCENTIVES AND REWARDS RESERVATION.-A local educational agency may reserve such funds as are necessary under this part to provide financial incentives and rewards to teachers who serve in eligible schools under subsection (b)(1)(A) and identified for improvement under section 1116(b)(1) for the purpose of attracting and retaining qualified and effective teachers.".

SEC. 108. SCHOOLWIDE PROGRAMS.

Section 1114 (20 U.S.C. 6314) is amended to read as follows:

"SEC. 1114. SCHOOLWIDE PROGRAMS.

"(a) PURPOSE.-The purpose of a schoolwide program under this section is

"(1) to enable a local educational agency to consolidate funds under this part with other Federal, State, and local funds, to upgrade the entire educational program in a high poverty school; and

“(2) to help ensure that all children in such a school meet challenging State standards for student performance, particularly those children who are most at-risk of not meeting those standards.

"(b) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.

"(1) IN GENERAL.-A local educational agency may consolidate funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 50 percent of the children are from low-income families, or not less than 50 percent of the children enrolled in the school are from such families.

"(2) STATE ASSURANCES.-A local educational agency may start new schoolwide programs under this section only after the State educational agency provides written information to each local educational agency in the State that demonstrates that such State educational agency has established the statewide system of support and improvement required by subsections (c)(1) and (e) of section 1117.

"(3) IDENTIFICATION OF STUDENTS NOT REQUIRED. (A) No school participating in a schoolwide program shall be required to identify particular children under this part as eligible to participate in a schoolwide program or to provide supplemental services to such children.

"(B) A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency.

"(4) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS.-(A) Except as provided in subsection (c), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs

under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.

"(B) A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State or local educational agencies that apply to the receipt of funds from such programs.

"(C)(i) A school that consolidates funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as it maintains records that demonstrate that the schoolwide program, considered as a whole addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. "(5) PROFESSIONAL DEVELOPMENT.-Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (c)(1)(E) in accordance with section 1119A for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities.

"(c) COMPONENTS OF A SCHOOLWIDE PROGRAM.

"(1) IN GENERAL.-A Sschoolwide program shall include the following components:

"(A) A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on information which includes the performance of children in relation to the State content standards and the State student performance standards described in section 1111(b)(1). "(B) Schoolwide reform strategies that— "(i) provide opportunities for all children to meet the State's proficient and advanced levels of student performance described in section 1111(b)(1)(D);

"(ii) use effective methods and instructional strategies that are based upon scientifically based research that—

"(I) strengthen the core academic program in the school;

"(II) increase the amount and quality of learning time, such as providing an extended school year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and

"(III) include strategies for meeting the educational needs of historically underserved populations, populations, including girls and women;

“(iii)(I) address the needs of all children in the school, but particularly the needs of lowachieving children and those at risk of not meeting the State student performance standards who are members of the target population of any program that is included in the schoolwide program, which may include incorporation of gender-equitable methods and practices;

"(II) address how the school will determine if such needs have been met; and

"(iv) are consistent with, and are designed to implement, the State and local improvement plans, if any.

"(D) Instruction by fully qualified (as defined in section 1610) teachers.

"(E) In accordance with section 1119A, high quality and ongoing professional development for teachers and paraprofessionals, and, where appropriate, pupil services personnel, parents, principals, and other staff to enable all children in the school to meet the State's student performance standards.

"(F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services.

"(G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start, Even Start, or a State-run preschool program, to local elementary school programs.

"(H) Measures to include teachers in the decisions regarding the use of assessments described in section 1111(b)(4) in order to provide information on, and to improve, the performance of individual students and the overall instructional program.

“(I) Activities to ensure that students who experience difficulty mastering the proficient or advanced levels of performance standards required by section 1111(b) shall be provided with effective, timely additional assistance which shall include measures to ensure that students' difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance.

"(2) PLAN.-Any eligible school that desires to operate a schoolwide program shall first develop (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Student Results Act of 1999), a comprehensive plan for reforming the total instructional program in the school that

"(A) incorporates the components described in paragraph (1);

"(B) describes how the school will use resources under this part and from other sources to implement those components;

"(C) includes a list of State and local educational agency programs and other Federal programs under subsection (b)(4) that will be consolidated in the schoolwide program;

"(D) describes how the school will provide individual student assessment results, including an interpretation of those results, to the parents of a child who participates in the assessments required by section 1111(b)(4) and in a format and, to the extent practicable, in a language that they can understand; and

"(E) provides for the collection of data on the achievement and assessment results of students disaggregated by gender, major ethnic or racial groups, limited English proficiency status, migrant students, by children with disabilities as compared to other students, and by economically disadvantaged students as compared to students who are not economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal individually identifiable information about an individual student.

"(3) PLAN DEVELOPMENT.-The comprehensive plan shall be—

"(A) developed during a 1-year period, unless

"(i) the local educational agency determines that less time is needed to develop and implement the schoolwide program; or

"(ii) the school operated a schoolwide program on the day preceding the date of the enactment of the Student Results Act of 1999, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance under such Act to reflect the provisions of this section;