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“(B) developed with the involvement of the “(ii) A child in a local institution for necommunity to be served and individuals who glected or delinquent children or attending a will carry out such plan, including teachers, community day program for such children is principals, administrators (including admin eligible for services under this part. istrators of programs described in other “(D) A child who is homeless and attending parts of this title), if appropriate pupil serv any school in the local educational agency is ices personnel, school staff and parents, and, eligible for services under this part.”. if the plan relates to a secondary school, stu (c) COMPONENTS OF TARGETED ASSISTANCE dents from such school;
SCHOOL PROGRAM.–Subsection (c) of section “(C) in effect for the duration of the 1115 (20 U.S.C. 6315(c)) is amended to read as school's participation under this part and re
follows: viewed and revised, as necessary, by the
"(c) COMPONENTS OF A TARGETED ASSISTschool;
ANCE SCHOOL PROGRAM.“(D) available to the local educational
“(1) IN GENERAL.-To assist targeted assistagency, parents, and the public, and the in
ance schools and local educational agencies formation contained in such plan shall be
to meet their responsibility to provide for all provided in a format, and to the extent prac
their students served under this title the opticable, in a language that they can under
portunity to meet the State's challenging stand; and
student performance standards in subjects as “(E) if appropriate, developed in coordina
determined by the State, each targeted astion with programs under the Reading Excel
sistance program under this section shalllence Act, the Carl D. Perkins Vocational
“(A) use such program's resources under and Technical Education Act of 1998, the
this part to help participating children meet
such State's challenging student performHead Start Act, and part B of this title.
ance standards expected for all children; “(d) ACCOUNTABILITY.-A schoolwide program under this section shall be subject to
“(B) ensure that planning for students
served under this part is incorporated into the school improvement provisions of sec
existing school planning; tion 1116.".
“(C) use effective methods and instruc"(e) PREKINDERGARTEN PROGRAM.—A school that is eligible for a schoolwide pro
tional strategies that are based upon scigram under this section may use funds made
entifically based research that strengthens available under this title to establish or en
the core academic program of the school and
thathance prekindergarten programs for 3-, 4-,
"(i) give primary consideration to proand 5-year old children, such as Even Start
viding extended learning time such as an exprograms.".
tended school year, before- and after-school, SEC. 109. TARGETED ASSISTANCE SCHOOLS.
and summer programs and opportunities; (a) IN GENERAL.-Subsection (a) of section
“(ii) help provide an accelerated, high1115 (20 U.S.C. 6315(a)) is amended by striking quality curriculum, including applied learn“section 1113(c)” and inserting “section ing; and 1113(f)”.
“(iii) minimize removing children from the (b) ELIGIBLE CHILDREN.–Subsection (b) of regular classroom during regular school section 1115 (20 U.S.C. 6315(b)) is amended to
hours for instruction provided under this read as follows:
part; “(b) ELIGIBLE CHILDREN.
“(D) coordinate with and support the reg“(1) ELIGIBLE POPULATION.—(A) The eligible ular education program, which may include population for services under this section
services to assist preschool children in the is
transition from early childhood programs to “(i) children not older than age 21 who are elementary school programs; entitled to a free public education through "(E) provide instruction by fully qualified grade 12; and
teacher as defined in section 1610; “(ii) children who are not yet at a grade “(F) in accordance with subsection (e)(3) level where the local educational agency pro and section 1119A, provide opportunities for vides a free public education.
professional development with resources pro“(B) From the population described in sub vided under this part, and, to the extent paragraph (A), eligible children are children practicable, from other sources, for teachers, identified by the school as failing, or most at principals, and administrators and other risk of failing, to meet the State's chal school staff, including, if appropriate, pupil lenging student performance standards on services personnel, who work with particithe basis of assessments under this part, and, pating children in programs under this secas appropriate, on the basis of multiple, edu tion or in the regular education program; cationally related, objective criteria estab and lished by the local educational agency and “(G) provide strategies to increase parensupplemented by the school, except that tal involvement in accordance with section children from preschool through grade 2 may 1118, such as family literacy services. be selected solely on the basis of such cri “(2) REQUIREMENTS.-Each school conteria as teacher judgment, interviews with ducting a program under this section shall parents, and developmentally appropriate assist participating children selected in acmeasures.
cordance with subsection (b) to meet the “(2) CHILDREN INCLUDED.-(A)(i) Children State's proficient and advanced levels of perwith disabilities, migrant children, and chil formance bydren with limited English proficiency are eli "(A) the coordination of resources provided gible for services under this part on the same under this part with other resources; and basis as other children.
“(B) reviewing, on an ongoing basis, the “(ii) Funds received under this part may progress of participating children and revisnot be used to provide services that are oth ing the targeted assistance program, if necerwise required by law to be made available
essary, to provide additional assistance to to such children but may be used to coordi enable such children to meet the State's nate or supplement such services.
challenging student performance standards, “(B) A child who, at any time in the 2 such as an extended school year, before- and years preceding the year for which the deter after-school, and summer, programs and opmination is made, participated in a Head portunities, training for teachers regarding Start or Even Start program or in preschool how to identify students that require addiservices under this title, is eligible for serv tional assistance, and training for teachers ices under this part.
regarding how to implement student per“(C)(i) A child who, at any time in the 2 formance standards in the classroom."'. years preceding the year for which the deter (d) INTEGRATION OF PROFESSIONAL DEVELmination is made, received services under OPMENT.-Subsection (d) of section 1115 (20 part C is eligible for services under this part. U.S.C. 6515(d) is amended to read as follows:
“(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote the integration of staff supported with funds under this part, public school personnel who are paid with funds received under this part may participate in general professional development and school planning activities.".
(e) COMPREHENSIVE SERVICES.–Paragraph (2) of section 1115(e) (20 U.S.C. 6315(e)(2)) is amended
(1) by inserting "and" at the end of subparagraph (A);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B). SEC. 110. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) is amended to read as follows: "SEC. 1115A. SCHOOL CHOICE.
“(a) CHOICE PROGRAMS.-A local educational agency may use funds under this part, in combination with State, local, and private funds, to develop and implement public school choice programs, for children eligible for assistance under this part, which permit parents to select the public school that their child will attend.
“(b) CHOICE PLAN.—A local educational agency that chooses to implement a public school choice program shall first develop a plan that includes assurances that,
“(1) all eligible students across grade levels served under this part will have equal access to the program;
“(2) the program does not include schools that follow a racially discriminatory policy;
“(3) describe how the school will use resources under this part and from other sources to implement the plan;
"(4) the plan will be developed with the involvement of parents and others in the community to be served and individuals who will carry out the plan, including administrators, teachers, principals, and other staff; "(5) parents of eligible students in the
educational agency will be given prompt notice of the existence of the public school choice program and its availability to them, and a clear explanation of how the program will operate;
“(6) the program will include charter schools and any other public school and shall not include a school that is or has been identified as a school in school improvement or is or has been in corrective action for the past two consecutive years;
“(7) transportation services or the costs of transportation may be provided by the local educational agency with funds under this part; and
"(8) such local educational agency will comply with the other requirements of this part.". SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL
CHOICE. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section 1115A of such Act (20 U.S.C. 6316) the following: “SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL
CHOICE. “(a) IN GENERAL.-If a student is eligible to be served under section 1115(b), or attends a school eligible for a schoolwide program under section 1114, and
“(1) becomes a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school that the student attends and that receives assistance under this part, then the local educational agency shall allow such student to attend another public school or public charter school in the same State as the school where the criminal offense occurred, that is selected by the student's parent; or
“(2) the public school that the student attends and that receives assistance under this
part has been designated as an unsafe public school, then the local educational agency may allow such student to attend another public school or public charter school in the same State as the school where the criminal offense occurred, that is selected by the student's parent.
“(b) STATE EDUCATIONAL AGENCY DETERMINATIONS.
“(1) The State educational agency shall determine, based upon State law, what actions constitute a violent criminal offense for purposes of this section.
“(2) The State educational agency shall determine which schools in the State are unsafe public schools.
“(3) The term “unsafe public schools' means a public school that has serious crime, violence, illegal drug, and discipline problems, as indicated by conditions that may include high rates of
(A) expulsions and suspensions of students from school;
(B) referrals of students to alternative schools for disciplinary reasons, to special programs or schools for delinquent youth, or to juvenile court;
(C) victimization of students or teachers by criminal acts, including robbery, assault and homicide;
(D) enrolled students who are under court supervision for past criminal behavior;
(E) possession, use, sale or distribution of illegal drugs;
(F) enrolled students who are attending school while under the influence of illegal drugs or alcohol;
(G) possession or use of guns or other weapons;
(H) participation in youth gangs; or
(I) crimes against property, such as theft or vandalism.
“(c) TRANSPORTATION COSTS.—The local educational agency that serves the public school in which the violent criminal offense occurred or that serves the designated unsafe public school may use funds provided under this part to provide transportation services or to pay the reasonable costs of transportation for the student to attend the school selected by the student's parent.
"(d) SPECIAL RULE.-Any school receiving assistance provided under this section shall comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not discriminate on the basis of race, color, or national origin.
“(e) PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.-Nothing in this section shall be construed to affect the requirements of part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
“(f) MAXIMUM AMOUNT.-Notwithstanding any other provision of this section, the amount of assistance provided under this part for a student shall not exceed the per pupil expenditure for elementary or secondary education, as appropriate, by the local educational agency that serves the school
(1) where the violent criminal offense occurred for the fiscal year preceding the fiscal year in which the offense occurred; or
(2) designated as an unsafe public school by the State educational agency for the fiscal year preceding the fiscal year for which the designation is made. SEC. 112. ASSESSMENT AND LOCAL EDU
CATIONAL AGENCY AND SCHOOL IM
PROVEMENT. (a) LOCAL REVIEW.-Section 1116(a) (20 U.S.C. 6317(a)) is amended(1) in
paragraph (2). by striking "1111(b)(2)(A)(i)"
(2) in paragraph (3), by striking "individual school performance profiles” and inserting 'school reports”;
(3) in paragraph (3), by striking “and” after the semicolon;
(4) in paragraph (4), by striking the period at the end and inserting **; and"; and
(5) by adding at the end the following:
“(5) review the effectiveness of the actions and activities the schools are carrying out under this part with respect to parental involvement assisted under this Act.”.
(b) SCHOOL IMPROVEMENT.-Section 1116 (20 U.S.C. 6317) is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively, and amending them to read as follows:
“(b) SCHOOL IMPROVEMENT.
“(1) IN GENERAL.-A local educational agency shall identify for school improvement any school served under this part that
“(A) for two consecutive years failed to make adequate yearly progress as defined in the State's plan under section 1111(b)(2); or
“(B) was in school improvement status under this section on the day preceding the date of the enactment of the Student Results Act of 1999.
“(2) TRANSITION.—The 2-year period described in paragraph (1)(A) shall include any continuous period of time immediately preceding the date of the enactment of the Student Results Act of 1999 during which a school did not make adequate yearly progress as defined in the State's plan, as such plan was in effect on the day preceding the date of such enactment.
“(3) TARGETED ASSISTANCE SCHOOLS.—To determine if a school that is conducting a targeted assistance program under section 1115 should be identified as in need of improvement under this subsection, a local educational agency may choose to review the progress of only those students in such school who are served under this part.
“(4) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.
“(A) IN GENERAL.–Before identifying a school for school improvement under paragraph (1), the local educational agency shall provide the school with an opportunity to review the school-level data, including assessment data, on which the proposed identification is based.
“(B) SUPPORTING EVIDENCE.—If the school principal believes that the proposed identification is in error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which such agency shall consider before making a final determination.
“(5) NOTIFICATION TO PARENTS.-A local educational agency shall, in an easily understandable format, provide in writing to parents of each student in a school identified for school improvement
“(A) an explanation of what the school improvement identification means and how the school compares in terms of academic performance to other schools in the local educational agency and State;
“(B) the reasons for such identification;
“(C) the data on which such identification is based;
“(D) an explanation of what the school is doing to address the problem of low achievement;
“(E) an explanation of how parents can become involved in upgrading the quality of the school;
"(F) an explanation of the right of parents, pursuant to paragraph (6), to transfer their child to another public school, including a public charter school, that is not in school improvement, and how such transfer shall operate; and
“(G) notification to parents in a format and, to the extent practicable, in a language they can understand.
“(6) PUBLIC SCHOOL CHOICE OPTION.
“(A) SCHOOLS IDENTIFIED FOR IMPROVEMENT.
“(i) SCHOOLS IDENTIFIED ON OR BEFORE ENACTMENT.-Not later than 18 months after the date of the enactment of the Student Results Act of 1999, a local educational agency shall provide all students enrolled in a school identified (on or before such date of enactment) for school improvement with an option to transfer to any other public school within the local educational agency or any public school consistent with subparagraph (B), including a public charter school that has not been identified for school improvement, unless such option to transfer is prohibited by State law, or local law, which includes school board-approved local educational agency policy.
“(ii) SCHOOLS IDENTIFIED AFTER ENACTMENT.-Not later than 18 months after the date on which a local educational agency identifies a school for school improvement, the agency shall provide all students enrolled in such school with an option described in clause (i).
“(B) COOPERATIVE AGREEMENT.-If all public schools in the local educational agency to which a child may transfer to, are identified for school improvement, the agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for the transfer.
“(C) TRANSPORTATION.—The local educational agency in which the schools have been identified for improvement may use funds under this part to provide transportation to students whose parents choose to transfer their child or children to a different school.
“(D) CONTINUE OPTION.-Once a school is no longer identified for school improvement, the local educational agency shall continue to provide public school choice as an option to students in such school for a period of not less than 2 years.
“(7) SCHOOL PLAN.-
“(A) IN GENERAL.-Each school identified under paragraph (1) for school improvement shall, not later than 3 months after being so identified, develop or revise a school plan, in consultation with parents, school staff, the local educational agency, and other outside experts for approval by the local educational agency. Such plan shall
"(i) incorporate scientifically-based research strategies that strengthen the core academic program in the school;
"(ii) adopt policies that have the greatest likelihood of improving the performance of participating children in meeting the State's student performance standards;
"(iii) address the professional development needs of staff, particularly teachers and principals;
"(iv) establish specific goals and objectives the school will undertake for making adequate yearly progress which include specific numerical performance goals and targets for each of the groups of students identified in the disaggregated data pursuant to section 1111(b)(2);
“(v) identify how the school will provide written notification to parents, in a format and to the extent practicable in a language such parents can understand; and
"(vi) specify the responsibilities of the local educational agency and the school under the plan.
“(B) CONDITIONAL APPROVAL.-A local educational agency may condition approval of a school plan on inclusion of one or more of the corrective actions specified in paragraph (9).
“(C) IMPLEMENTATION.—A school shall implement its plan or revised plan expeditiously, but not later than the beginning of the school year after which the school has been identified for improvement.
"(D) REVIEW.-The local educational agen transportation) to such schools in conjunc continuous period of time immediately precy shall promptly review the plan, work with tion with not less than one additional action ceding the date of the enactment of the Stuthe school as necessary, and approve the described under this subparagraph.
dent Results Act of 1999, during which a local plan if it meets the requirements of this sec “(vi) Institute and fully implement a new educational agency did not make adequate tion.
curriculum, including appropriate profes yearly progress as defined in the State's “(8) TECHNICAL ASSISTANCE.
sional development for all relevant staff, plan, as such plan was in effect on the day “(A) IN GENERAL.–For each school identi that is based upon scientifically based re preceding the date of such enactment. fied for school improvement under paragraph search and offers substantial promise of im “(4) TARGETED ASSISTANCE SCHOOLS.-For (1), the local educational agency shall pro proving educational achievement for low
purposes of targeted assistance schools in a vide technical assistance as the school devel performing students.
local educational agency, a State eduops and implements its plan.
“(D) IMPLEMENTATION DELAY.-A local edu
cational agency may choose to review the “(B) SPECIFIC TECHNICAL ASSISTANCE.-Such cational agency may delay, for a period not
progress of only the students in such schools technical assistanceto exceed 1 year, implementation of correc
who are served under this part. "(i) shall include effective methods and in tive action only if the failure to make ade
“(5) OPPORTUNITY TO REVIEW AND PRESENT structional strategies that are based upon quate yearly progress was justified due to ex
EVIDENCE.scientifically based research that strength ceptional or uncontrollable circumstances
“(A) REVIEW.-Before identifying a local ens the core academic program in the school such as a natural disaster or a precipitous
educational agency for improvement under and addresses the specific elements of stu and unforeseen decline in the financial re
paragraph (2), a State educational agency dent performance problems in the school; sources of the local educational agency or
shall provide the local educational agency "(ii) may be provided directly by the local school.
with an opportunity to review the local edueducational agency, through mechanisms au “(E) PUBLICATION.—The local educational
cational agency data, including assessment thorized under section 1117, or with the local agency shall publish, and disseminate to the
data, on which that proposed identification educational agency's approval, by an institu public and to parents in a format and, to the
is based. tion of higher education, a private nonprofit extent practicable, in a language that they
“(B) SUPPORTING EVIDENCE. If the local organization, an educational service agency, can understand, any corrective action it
educational agency believes that the proa comprehensive regional assistance center takes under this paragraph through such
posed identification is in error for statistical under part A of title XIII, or other entities means as the Internet, the media, and public
or other substantive reasons, it may provide with experience in helping schools improve agencies. achievement.
"(F) REVIEW.-(i) Before taking corrective
supporting evidence to the State educational “(C) TECHNICAL ASSISTANCE.—Technical as
agency, which such agency shall consider beaction with respect to any school under this sistance provided under this section by the paragraph, a local educational agency shall
fore making a final determination.
“(6) NOTIFICATION TO PARENTS.—The State local educational agency or an entity au provide the school an opportunity to review thorized by such agency shall be based upon the school level data, including assessment
educational agency shall promptly notify scientifically based research. data, on which the proposed determination is
parents in a format, and to the extent prac"(9) CORRECTIVE ACTION.-In order to help made.
ticable in a language they can understand, of
each student enrolled in a school in a local students served under this part meet chal “(ii) If the school believes that the prolenging State standards, each local edu posed determination is in error for statis
educational agency identified for improvecational agency shall implement a system of tical or other substantive reasons, it may
ment, of the reasons for such agency's iden
tification and how parents can participate in corrective action in accordance with the fol provide supporting evidence to the local edulowing: cational agency, which shall consider such
upgrading the quality of the local edu
cational agency. “(A) IN GENERAL.–After providing tech evidence before making a final determination.
EDUCATIONAL “(7) LOCAL
AGENCY nical assistance under paragraph (8) and sub
REVIject to subparagraph (F), the local edu "(10) STATE EDUCATIONAL AGENCY RESPON
SIONS.cational agencySIBILITIES. If a State educational agency de
“(A) PLAN.—Each local educational agency “(i) may take corrective action at any termines that a local educational agency
identified under paragraph (2) shall, not later time with respect to a school that has been failed to carry out its responsibilities under
than 3 months after being so identified, deidentified under paragraph (1); this section, it shall take such action as it
velop or revise a local educational agency “(ii) shall take corrective action with re finds necessary, consistent with this section,
plan, in consultation with parents, school spect to any school that fails to make ade to improve the affected schools and to ensure
staff, and others. Such plan shallquate yearly progress, as defined by the that the local educational agency carries out
“(i) incorporate scientifically based reState, after the end of the second year fol its responsibilities under this section.
search strategies that strengthen the core lowing its identification under paragraph (1); “(11) SPECIAL RULE.-Schools that, for at
academic program in the local educational and least two of the 3 years following identifica
agency; "(iii) shall continue to provide technical tion under paragraph (1), make adequate
"(ii) identify specific goals and objectives assistance while instituting any corrective yearly progress toward meeting the State's the local educational agency will undertake action under clause (i) or (ii). proficient and advanced levels of perform
to make adequate yearly progress and “(B) DEFINITION.—As used in this para ance shall no longer be identified for school whichgraph, the term 'corrective action' means ac improvement.
“(I) have the greatest likelihood of improvtion, consistent with State and local law, “(c) STATE REVIEW AND LOCAL EDU ing the performance of participating chilthatCATIONAL AGENCY IMPROVEMENT.
dren in meeting the State's student perform“(i) substantially and directly responds to “(1) IN GENERAL.-A State educational ance standards; the consistent academic failure that caused agency shall
“(II) address the professional development the local educational agency to take such ac “(A) annually review the progress of each needs of staff; and tion and to any underlying staffing, cur local educational agency receiving funds “(III) include specific numerical performricular, or other problems in the school; and under this part to determine whether schools ance goals and targets for each of the groups
“(ii) is designed to substantially increase receiving assistance under this part are mak of students identified in the disaggregated the likelihood that students will perform at ing adequate yearly progress as defined in data pursuant to section 1111(b)(2); the proficient and advanced performance lev section 1111(b)(2) toward meeting the State's “(iii) identify how the local educational els. student performance standards; and
agency will provide written notification to “(C) CERTAIN SCHOOLS.-In the case of a "(B) publicize and disseminate to local parents in a format, and to the extent pracschool described in subparagraph (A)(ii), the educational agencies, teachers and other ticable in a language, that they can underlocal educational agency shall take not less staff, parents, students, and the community stand, pursuant to paragraph (6); and than one of the following corrective actions: the results of the State review consistent "(iv) specify the responsibilities of the “(i) Withhold funds from the school.
with section 1111, including statistically State educational agency and the local edu"(ii) Decrease decisionmaking authority at sound disaggregated results, as required by cational agency under the plan. the school level. section 1111(b)(2).
“(B) IMPLEMENTATION.—The local edu“(iii) Make alternative governance ar “(2) IDENTIFICATION OF LOCAL EDUCATIONAL cational agency shall implement its plan or rangements, including reopening the school AGENCY FOR IMPROVEMENT.-A State edu revised plan expeditiously, but not later as a public charter school.
cational agency shall identify for improve than the beginning of the school year after "(iv) Reconstitute the school by requiring ment any local educational agency that, which the school has been identified for imeach person employed at the school to re “(A) for two consecutive years failed to provement. apply for future employment at the same make adequate yearly progress as defined in “(8) STATE EDUCATIONAL AGENCY RESPONSIschool or for any position in the local edu the State's plan under section 1111(b)(2); or BILITY.-. cational agency.
“(B) was in improvement status under this “(A) IN GENERAL.-For each local edu“(v) Authorize students to transfer to section as this section was in effect on the cational agency identified under paragraph other higher performing public schools day preceding the date of the enactment of (2), the State educational agency shall proserved by the local educational agency, in the Student Results Act of 1999.
vide technical or other assistance, if recluding public charter schools, and provide “(3) TRANSITION.—The 2-year period de quested, as authorized under section 1117, to such students transportation (or the costs of scribed in paragraph (2)(A) shall include any better enable the local educational agency
“(i) to develop and implement its revised plan as approved by the State educational agency consistent with the requirements of this section; and
“(ii) to work with schools needing improvement.
“(B) TECHNICAL ASSISTANCE.-Technical assistance provided under this section by the State educational agency or an entity authorized by such agency shall be based upon scientifically based research.
“(9) CORRECTIVE ACTION.-In order to help students served under this part meet challenging State standards, each State educational agency shall implement a system of corrective action in accordance with the following:
“(A) IN GENERAL.–After providing technical assistance under paragraph (8) and subject to subparagraph (D), the State educational agency
“(i) may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (2);
“(ii) shall take corrective action with respect to any local educational agency that fails to make adequate yearly progress, as defined by the State, after the end of the second year following its identification under paragraph (2); and
"(iii) shall continue to provide technical assistance while instituting any corrective action under clause (i) or (ii).
“(B) DEFINITION.—As used in this paragraph, the term “corrective action' means action, consistent with State law, that,
(i) substantially and directly responds to the consistent academic failure that caused the State educational agency to take such action and to any underlying staffing, curricular, or other problems in the school; and
"(ii) is designed to meet the goal of having all students served under this part perform at the proficient and advanced performance levels.
“(C) CERTAIN LOCAL EDUCATIONAL AGENCIES.- In the case of a local educational agency described in this paragraph, the State educational agency shall take not less than one of the following corrective actions:
“(i) Withhold funds from the local educational agency.
“(ii) Reconstitute school district personnel.
“(iii) Remove particular schools from the jurisdiction of the local educational agency and establish alternative arrangements for public governance and supervision of such schools.
"(iv) Appoint, through the State educational agency, a receiver or trustee to administer the affairs of the local educational agency in place of the superintendent and school board.
“(v) Abolish or restructure the local educational agency.
“(vi) Authorize students to transfer from a school operated by a local educational agency to a higher performing public school operated by another local educational agency, or to a public charter school and provide such students transportation (or the costs of transportation to such schools, in conjunction with not less than one additional action described under this paragraph.
“(D) HEARING.–Prior to implementing any corrective action, the State educational agency shall provide due process and a hearing to the affected local educational agency, if State law provides for such process and hearing.
“(E) PUBLICATION.—The State educational agency shall publish, and disseminate to parents and the public any corrective action it takes under this paragraph through such means as the Internet, the media, and public agencies.
"(F) DELAY.-A local educational agency may delay, for a period not to exceed 1 year, implementation of corrective action if the failure to make adequate yearly progress was justified due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school.
“(10) SPECIAL RULE.—A local educational agency, that, for at least two of the 3 years following identification under paragraph (2), makes adequate yearly progress toward meeting the State's proficient and advanced levels of performance shall no longer be identified for school improvement.”. SEC. 113. STATE ASSISTANCE FOR SCHOOL SUP
PORT AND IMPROVEMENT. Section 1117 (20 U.S.C. 6318) is amended to read as follows: "SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUP
PORT AND IMPROVEMENT. “(a) SYSTEM FOR SUPPORT.-Each State educational agency shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part, in order to increase the opportunity for all students in those agencies and schools to meet the State's content standards and student performance standards.
“(b) PRIORITIES.—In carrying out this section, a State educational agency shall
“(1) first, provide support and assistance to local educational agencies subject to corrective action under section 1116 and assist schools, in accordance with section 1116(b)(10), for which a local educational agency has failed to carry out its responsibilities under section 1116(b)(8) and (9);
"(2) second, provide support and assistance to other local educational agencies identified as in need of improvement under section 1116; and
"(3) third, provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part.
“(C) APPROACHES.-In order to achieve the purpose described in subsection (a), each such system shall provide technical assistance and support through such approaches as
“(1) school support teams, composed of individuals who are knowledgeable about scientifically based research and practice on teaching and learning, particularly about strategies for improving educational results for low-achieving children; and
“(2) the designation and use of “Distinguished Educators”, chosen from schools served under this part that have been especially successful in improving academic achievement.
“(d) FUNDS.—Each State educational agency
“(1) shall use funds reserved under section 1002(f); and
“(2) may use State administrative funds authorized under section 1002(h) for such purpose.
“(e) ALTERNATIVES.—The State may devise additional approaches to providing the assistance described in paragraphs (1) and (2) of subsection (c), such as providing assistance through institutions of higher education and educational service agencies or other local consortia, and the State may seek approval from the Secretary to use funds made available under section 1002(h) for such approaches as part of the State plan.". SEC. 114. ACADEMIC ACHIEVEMENT AWARDS
PROGRAM. Subpart 1 of part A of title I is amended by inserting after section 1117 the following:
“SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS
PROGRAM. “(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
“(1) IN GENERAL.-Each State receiving a grant under this part may establish a program for making academic achievement awards to recognize and financially reward schools served under this part that have
"(A) significantly closed the achievement gap between the groups of students defined in section 1111(b)(2); or
“(B) exceeded their adequate yearly progress goals,
goals, consistent with section 1111(b)(2), for two or more consecutive years.
“(2) AWARDS TO TEACHERS.-A State program under paragraph (1) may also recognize and provide financial awards to teachers teaching in a school described in such paragraph whose students consistently make significant gains in academic achievement in the areas in which the teacher provides instruction.
“(1) RESERVATION OF FUNDS BY STATE.-For the purpose of carrying out this section, each State receiving a grant under this part may reserve, from the amount (if any) by which the funds received by the State under this part for a fiscal year exceed the amount received by the State under this part for the preceding fiscal year, not more than 30 percent of such excess amount.
“(2) USE WITHIN 3 YEARS.-Notwithstanding any other provision of law, the amount reserved under paragraph (1) by a State for each fiscal year shall remain available to the State until expended for a period not exceeding 3 years.
“(3) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POVERTY AREAS.
“(A) IN GENERAL.-Each State receiving a grant under this part shall distribute at least 50 percent of the amount reserved under paragraph (1) for each fiscal year to schools described in subparagraph (B), or to teachers teaching in such schools.
“(B) SCHOOLS DESCRIBED.-A school described in subparagraph (A) is a school whose student population is in the highest quartile of schools statewide in terms of the percentage of children eligible for free and reduced priced lunches under the National School Lunch Act.”. SEC. 115. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL EDUCATIONAL AGENCY POLICY.Subsection (a) of section 1118 (20 U.S.C. 6319(a)) is amended
(1) in paragraph (1), by striking programs, activities, and procedures" and inserting “activities and procedures”.
(2) in paragraph (2) by striking subparagraphs (E) and (F) and inserting the following:
“(E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part;
“(F) involve parents in the activities of the schools served under this part; and
“(G) promote consumer friendly environments at the local educational agency and schools served under this part.”;
(3) in paragraph (3) by adding at the end the following new subparagraph:
"(C) Not less than 90 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part.”.
(b) NOTICE.—Paragraph (1) of section 1118(b) (20 U.S.C. 6319(b)(1)) is amended by inserting after the first sentence the following: “Parents shall be notified of the policy in a format, and to the extent practicable, in a language that they can understand.".
(C) PARENTAL INVOLVEMENT.-Paragraph (4) of section 1118(c) (20 U.S.C. 6319(C)(4)) is amended
(1) in subparagraph (B), by striking "per in a format, and to the extent practicable, in Student Results Act of 1999 and working in a formance profiles required under section a language the parent can understand;
program supported with funds under this 1116(a)(3)" and inserting school reports re “(10) may provide necessary literacy train part shallquired under section 1111";
ing from funds received under this part if the “(A) have completed at least 2 years of (2) by redesignating subparagraphs (D) and local educational agency has exhausted all study at an institution of higher education; (E) as subparagraphs (F) and (G), respec other reasonably available sources of funding “(B) have obtained an associate's (or hightively; for such activities;
er) degree; or (3) by inserting after subparagraph (C) the “(11) may pay reasonable and necessary ex “(C) have met a rigorous standard of qualfollowing new subparagraphs:
penses associated with local parental in ity that demonstrates, through a formal “(D) notice of the schools' identification as volvement activities, including transpor assessmenta school in school improvement under sec tation and child care costs, to enable parents "(i) knowledge of, and the ability to assist tion 1116(b), if applicable, and a clear expla to participate in school-related meetings and in instructing reading, writing, and math; or nation of what such identification means; training sessions;
"(ii) knowledge of, and the ability to assist “(E) notice of the corrective action that “(12) may train and support parents to en in instructing reading readiness, writing has been taken against the school under sec hance the involvement of other parents;
readiness, and math readiness, as approtion 1116(b)(9) and 1116(c)(9), if applicable, “(13) may arrange meetings at a variety of priate. and a clear explanation of what such action times, such as in the mornings and evenings, "(2) CLARIFICATION.-For purposes of parameans;”?; and
in order to maximize the opportunities for graph (1)(C), the receipt of a high school di(4) in subparagraph (G) (as so redesig parents to participate in school related ac ploma (or its recognized equivalent) shall be nated), by striking "subparagraph (D)” and tivities:
necessary but not by itself sufficient to satinserting "subparagraph (F)".
“(14) may arrange for teachers or other isfy the requirements of such paragraph. (d) BUILDING CAPACITY FOR INVOLVEMENT. educators, who work directly with partici "(c) EXISTING PARAPROFESSIONALS.-Each Subsection (e) of section 1118 (20 U.S.C pating children, to conduct in-home con local educational agency receiving assist6319(e)) is amended to read as follows:
ferences with parents who are unable to at ance under this part shall ensure that all “(e) BUILDING CAPACITY FOR INVOLVE tend such conferences at school;
para professionals hired before the date that MENT.-To ensure effective involvement of "(15) may adopt and implement model ap is 1 year after the effective date of the Stuparents and to support a partnership among proaches to improving parental involvement, dent Results Act of 1999 and working in a the school, parents, and the community to such as Even Start;
program supported with funds under this improve student achievement, each school “(16) may establish a districtwide parent part shall, not later than 3 years after such and local educational agency
advisory council to advise on all matters re effective date, satisfy the requirements of "(1) shall provide assistance to partici lated to parental involvement in programs subsection (b). pating parents in such areas as under supported under this part; and
“(d) EXCEPTIONS FOR TRANSLATION AND PAstanding the State's content standards and "(17) may develop appropriate roles for RENTAL INVOLVEMENT ACTIVITIES.-SubState student performance standards, the community-based organizations and busi sections (b) and (c) shall not apply to a provisions of section 1111(b)(8), State and nesses in parent involvement activities, in
para professionallocal assessments, the requirements of this cluding providing information about oppor “(A) who is proficient in English and a lanpart, and how to monitor a child's progress tunities for organizations and businesses to guage other than English and who provides and work with educators to improve the per work with parents and schools, and encour services primarily to enhance the participaformance of their children as well as infor
aging the formation of partnerships between tion of children in programs under this part mation on how parents can participate in de elementary, middle, and secondary schools by acting as a translator; or cisions relating to the education of their and local businesses that include a role for "(B) whose duties consist solely of conchildren; parents.”.
ducting parental involvement activities con“(2) shall provide materials and training,
(e) ACCESSIBILITY.-Subsection (f) of sec sistent with section 1118. such as
tion 1118 (20 U.S.C. 6319(f)) is amended to “(e) GENERAL REQUIREMENT FOR ALL PARA"(A) coordinating necessary literacy train read as follows:
PROFESSIONALS.-Each local educational ing from other sources to help parents work
“(f) ACCESSIBILITY.-In carrying out the pa agency receiving assistance under this part with their children to improve their chil rental involvement requirements of this shall ensure that all para professionals workdren's achievement; and
part, local educational agencies and schools, ing in a program supported with funds under “(B) training to help parents to work with to the extent practicable, shall provide full this part, regardless of the para professional's their children to improve their children's opportunities for the participation of parents hiring date, possess a high school diploma or achievement;
with limited English proficiency or with dis its recognized equivalent. “(3) shall educate teachers, pupil services abilities and parents of migratory children,
“(f) DUTIES OF PARAPROFESSIONALS.personnel, principals and other staff, with including providing information and school “(1) IN GENERAL.-Each local educational the assistance of parents, in the value and reports required under section 1111 in a for
agency receiving assistance under this part utility of contributions of parents, and in
mat, and to the extent practicable, in a lan shall ensure that a paraprofessional working how to reach out to, communicate with, and guage such parents understand.".
in a program supported with funds under this work with parents as equal partners, imple SEC. 116. QUALIFICATIONS FOR TEACHERS AND part is not assigned a duty inconsistent with ment and coordinate parent programs, and
this subsection. build ties between home and school;
Section 1119 (20 U.S.C. 6301) is amended to “(2) RESPONSIBILITIES PARAPROFESSIONALS "(4) shall coordinate and integrate parent read as follows:
MAY BE ASSIGNED.-A para professional deinvolvement programs and activities with “SEC. 1119. QUALIFICATIONS FOR TEACHERS AND scribed in paragraph (1) may only be Head Start, Even Start, the Home Instruc
assigned tion Programs for Preschool Youngsters, the “(a) TEACHERS.
“(A) to provide one-on-one tutoring for eliParents as Teachers Program, and public “(1) IN GENERAL.-Each local educational gible students, if the tutoring is scheduled at preschool programs and other programs, to agency receiving assistance under this part a time when a student would not otherwise the extent feasible and appropriate;
shall ensure that all teachers hired on or receive instruction from a teacher; “(5) shall conduct other activities, as ap after the effective date of the Student Re “(B) to assist with classroom management, propriate and feasible, such as parent re sults Act of 1999 and teaching in a program such as organizing instructional and other source centers and opportunities for parents supported with funds under this part are materials; to learn how to become full partners in the fully qualified.
"(C) to provide assistance in a computer education of their children;
“(2) PLAN.—Each State receiving assist laboratory; “(6) shall ensure, to the extent possible, ance under this part shall develop and sub “(D) to conduct parental involvement acthat information related to school and par mit to the Secretary a plan to ensure that tivities; ent programs, meetings, and other activities all teachers teaching within the State are “(E) to provide support in a library or is sent to the homes of participating children fully qualified not later than December 31, media center; in the language used in such homes;
2003. Such plan shall include an assurance “(F) to act as a translator; or “(7) shall provide such other reasonable that the State will require each local edu "(G) to provide instructional services to support for parental involvement activities cational agency and school receiving funds students: under this section as parents may request; under this part publicly to report their an “(3) ADDITIONAL LIMITATIONS.—A para
“(8) shall expand the use of electronic com nual progress on the agency's and the professional described in paragraph (1) munications among teachers, students, and school's performance in increasing the per “(A) may not provide any instructional parents, such as through the use of websites centage of classes in core academic areas service to a student unless the paraprofesand e-mail communications; taught by fully qualified teachers.
sional is working under the direct super“(9) may involve parents in the develop “(b) NEW PARAPROFESSIONALS.
vision of a fully qualified teacher; and ment of training for teachers, principals, and “(1) IN GENERAL.-Each local educational “(B) may not provide instructional servother educators to improve the effectiveness agency receiving assistance under this part ices to students in the area of reading, writof such training in improving instruction shall ensure that all paraprofessionals hired ing, or math unless the paraprofessional has and services to the children of such parents 1 year or more after the effective date of the demonstrated, through a State or local as