SEC. 1005
STATE PLANS
Section Summary
Section 1005 outlines all of the conditions for any State desiring to receive a grant. Section 1005 appears as the header for Section 1111 which contains all of the details pertaining to State Plans in the Act.
ESSA Update
SEC. 1005. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Filing for Grants.--
``(1) In general.--For any State desiring to receive a grant
under this part, the State educational agency shall file with
the Secretary a plan that is--
``(A) developed by the State educational agency with
timely and meaningful consultation with the Governor,
members of the State legislature and State board of
education (if the State has a State board of education),
local educational agencies (including those located in
rural areas), representatives of Indian tribes located
in the State, teachers, principals, other school
leaders, charter school leaders (if the State has
charter schools), specialized instructional support
personnel, paraprofessionals, administrators, other
staff, and parents; and
[[Page 129 STAT. 1821]]
``(B) is coordinated with other programs under this
Act, the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831
et seq.), the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.), the
Education Technical Assistance Act of 2002 (20 U.S.C.
9601 et. seq.), the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9621 et seq.), the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301
et seq.), and the Adult Education and Family Literacy
Act (29 U.S.C. 3271 et seq.).
``(2) Limitation.--Consultation required under paragraph
(1)(A) shall not interfere with the timely submission of the
plan required under this section.
``(3) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(4) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review process to
assist in the review of State plans;
``(ii) establish multidisciplinary peer-review
teams and appoint members of such teams--
``(I) who are representative of--
``(aa) parents, teachers,
principals, other school
leaders, specialized
instructional support personnel,
State educational agencies,
local educational agencies, and
the community (including the
business community); and
``(bb) researchers who are
familiar with--
``(AA) the
implementation of academic
standards, assessments, or
accountability systems; and
``(BB) how to meet the
needs of disadvantaged
students, children with
disabilities, and English
learners, the needs of low-
performing schools, and
other educational needs of
students;
``(II) that include, to the extent
practicable, majority representation of
individuals who, in the most recent 2
years, have had practical experience in
the classroom, school administration, or
State or local government (such as
direct employees of a school, local
educational agency, or State educational
agency); and
``(III) who represent a regionally
diverse cross-section of States;
``(iii) make available to the public,
including by such means as posting to the
Department's website, the list of peer reviewers
who have reviewed State plans under this section;
[[Page 129 STAT. 1822]]
``(iv) ensure that the peer-review teams
consist of varied individuals so that the same
peer reviewers are not reviewing all of the State
plans;
``(v) approve a State plan not later than 120
days after its submission, unless the Secretary
meets the requirements of clause (vi);
``(vi) have the authority to disapprove a
State plan only if--
``(I) the Secretary--
``(aa) determines how the
State plan fails to meet the
requirements of this section;
``(bb) immediately provides
to the State, in writing, notice
of such determination, and the
supporting information and
rationale to substantiate such
determination;
``(cc) offers the State an
opportunity to revise and
resubmit its State plan, and
provides the State--
``(AA) technical
assistance to assist the
State in meeting the
requirements of this
section;
``(BB) in writing, all
peer-review comments,
suggestions,
recommendations, or concerns
relating to its State plan;
and
``(CC) a hearing, unless
the State declines the
opportunity for such
hearing; and
``(II) the State--
``(aa) does not revise and
resubmit its State plan; or
``(bb) in a case in which a
State revises and resubmits its
State plan after a hearing is
conducted under subclause
(I)(cc)(CC), or after the State
has declined the opportunity for
such a hearing, the Secretary
determines that such revised
State plan does not meet the
requirements of this section.
``(B) Purpose of peer review.--The peer-review
process shall be designed to--
``(i) maximize collaboration with each State;
``(ii) promote effective implementation of the
challenging State academic standards through State
and local innovation; and
``(iii) provide transparent, timely, and
objective feedback to States designed to
strengthen the technical and overall quality of
the State plans.
``(C) Standard and nature of review.--Peer reviewers
shall conduct an objective review of State plans in
their totality and out of respect for State and local
judgments, with the goal of supporting State- and local-
led innovation and providing objective feedback on the
technical and overall quality of a State plan.
``(D) Prohibition.--Neither the Secretary nor the
political appointees of the Department, may attempt to
participate in, or influence, the peer-review process.
``(5) Public review.--All written communications, feedback,
and notifications under this subsection shall be conducted
[[Page 129 STAT. 1823]]
in a manner that is transparent and immediately made available
to the public on the Department's website, including--
``(A) plans submitted or resubmitted by a State;
``(B) peer-review guidance, notes, and comments and
the names of the peer reviewers (once the peer reviewers
have completed their work);
``(C) State plan determinations by the Secretary,
including approvals or disapprovals; and
``(D) notices and transcripts of hearings under this
section.
``(6) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the duration of the
State's participation under this part; and
``(ii) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
``(B) Additional information.--
``(i) In general.--If a State makes
significant changes to its plan at any time, such
as the adoption of new challenging State academic
standards or new academic assessments under
subsection (b), or changes to its accountability
system under subsection (c), such information
shall be submitted to the Secretary in the form of
revisions or amendments to the State plan.
``(ii) Review of revised plans.--The Secretary
shall review the information submitted under
clause (i) and approve changes to the State plan,
or disapprove such changes in accordance with
paragraph (4)(A)(vi), within 90 days, without
undertaking the peer-review process under such
paragraph.
``(iii) Special rule for standards.--If a
State makes changes to its challenging State
academic standards, the requirements of subsection
(b)(1), including the requirement that such
standards need not be submitted to the Secretary
pursuant to subsection (b)(1)(A), shall still
apply.
``(7) Failure to meet requirements.--If a State fails to
meet any of the requirements of this section, the Secretary may
withhold funds for State administration under this part until
the Secretary determines that the State has fulfilled those
requirements.
``(8) Public comment.--Each State shall make the State plan
publicly available for public comment for a period of not less
than 30 days, by electronic means and in an easily accessible
format, prior to submission to the Secretary for approval under
this subsection. The State, in the plan it files under this
subsection, shall provide an assurance that public comments were
taken into account in the development of the State plan.
``(b) Challenging Academic Standards and Academic Assessments.--
``(1) Challenging state academic standards.--
``(A) In general.--Each State, in the plan it files
under subsection (a), shall provide an assurance that
the State has adopted challenging academic content
standards and
[[Page 129 STAT. 1824]]
aligned academic achievement standards (referred to in
this Act as `challenging State academic standards'),
which achievement standards shall include not less than
3 levels of achievement, that will be used by the State,
its local educational agencies, and its schools to carry
out this part. A State shall not be required to submit
such challenging State academic standards to the
Secretary.
``(B) Same standards.--Except as provided in
subparagraph (E), the standards required by subparagraph
(A) shall--
``(i) apply to all public schools and public
school students in the State; and
``(ii) with respect to academic achievement
standards, include the same knowledge, skills, and
levels of achievement expected of all public
school students in the State.
``(C) Subjects.--The State shall have such academic
standards for mathematics, reading or language arts, and
science, and may have such standards for any other
subject determined by the State.
``(D) Alignment.--
``(i) In general.--Each State shall
demonstrate that the challenging State academic
standards are aligned with entrance requirements
for credit-bearing coursework in the system of
public higher education in the State and relevant
State career and technical education standards.
``(ii) Rule of construction.--Nothing in this
Act shall be construed to authorize public
institutions of higher education to determine the
specific challenging State academic standards
required under this paragraph.
``(E) Alternate academic achievement standards for
students with the most significant cognitive
disabilities.--
``(i) In general.--The State may, through a
documented and validated standards-setting
process, adopt alternate academic achievement
standards for students with the most significant
cognitive disabilities, provided those standards--
``(I) are aligned with the
challenging State academic content
standards under subparagraph (A);
``(II) promote access to the general
education curriculum, consistent with
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(III) reflect professional
judgment as to the highest possible
standards achievable by such students;
``(IV) are designated in the
individualized education program
developed under section 614(d)(3) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)(3)) for each such
student as the academic achievement
standards that will be used for the
student; and
``(V) are aligned to ensure that a
student who meets the alternate academic
achievement standards is on track to
pursue postsecondary education
[[Page 129 STAT. 1825]]
or employment, consistent with the
purposes of Public Law 93-112, as in
effect on July 22, 2014.
``(ii) Prohibition on any other alternate or
modified academic achievement standards.--A State
shall not develop, or implement for use under this
part, any alternate academic achievement standards
for children with disabilities that are not
alternate academic achievement standards that meet
the requirements of clause (i).
``(F) English language proficiency standards.--Each
State plan shall demonstrate that the State has adopted
English language proficiency standards that--
``(i) are derived from the 4 recognized
domains of speaking, listening, reading, and
writing;
``(ii) address the different proficiency
levels of English learners; and
``(iii) are aligned with the challenging State
academic standards.
``(G) Prohibitions.--
``(i) Standards review or approval.--A State
shall not be required to submit any standards
developed under this subsection to the Secretary
for review or approval.
``(ii) Federal control.--The Secretary shall
not have the authority to mandate, direct,
control, coerce, or exercise any direction or
supervision over any of the challenging State
academic standards adopted or implemented by a
State.
``(H) Existing standards.--Nothing in this part
shall prohibit a State from revising, consistent with
this section, any standards adopted under this part
before or after the date of enactment of the Every
Student Succeeds Act.
``(2) Academic assessments.--
``(A) In general.--Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of
high-quality student academic assessments in
mathematics, reading or language arts, and science. The
State retains the right to implement such assessments in
any other subject chosen by the State.
``(B) Requirements.--The assessments under
subparagraph (A) shall--
``(i) except as provided in subparagraph (D),
be--
``(I) the same academic assessments
used to measure the achievement of all
public elementary school and secondary
school students in the State; and
``(II) administered to all public
elementary school and secondary school
students in the State;
``(ii) be aligned with the challenging State
academic standards, and provide coherent and
timely information about student attainment of
such standards and whether the student is
performing at the student's grade level;
``(iii) be used for purposes for which such
assessments are valid and reliable, consistent
with relevant, nationally recognized professional
and technical testing
[[Page 129 STAT. 1826]]
standards, objectively measure academic
achievement, knowledge, and skills, and be tests
that do not evaluate or assess personal or family
beliefs and attitudes, or publicly disclose
personally identifiable information;
``(iv) be of adequate technical quality for
each purpose required under this Act and
consistent with the requirements of this section,
the evidence of which shall be made public,
including on the website of the State educational
agency;
``(v)(I) in the case of mathematics and
reading or language arts, be administered--
``(aa) in each of grades 3 through
8; and
``(bb) at least once in grades 9
through 12;
``(II) in the case of science, be administered
not less than one time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12; and
``(III) in the case of any other subject
chosen by the State, be administered at the
discretion of the State;
``(vi) involve multiple up-to-date measures of
student academic achievement, including measures
that assess higher-order thinking skills and
understanding, which may include measures of
student academic growth and may be partially
delivered in the form of portfolios, projects, or
extended performance tasks;
``(vii) provide for--
``(I) the participation in such
assessments of all students;
``(II) the appropriate
accommodations, such as interoperability
with, and ability to use, assistive
technology, for children with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act (20 U.S.C.
1401(3))), including students with the
most significant cognitive disabilities,
and students with a disability who are
provided accommodations under an Act
other than the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.), necessary to measure the
academic achievement of such children
relative to the challenging State
academic standards or alternate academic
achievement standards described in
paragraph (1)(E); and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
appropriate accommodations on
assessments administered to such
students under this paragraph,
including, to the extent practicable,
assessments in the language and form
most likely to yield accurate data on
what such students know and can do in
academic content areas, until such
students have achieved English language
proficiency, as determined under
subparagraph (G);
``(viii) at the State's discretion--
[[Page 129 STAT. 1827]]
``(I) be administered through a
single summative assessment; or
``(II) be administered through
multiple statewide interim assessments
during the course of the academic year
that result in a single summative score
that provides valid, reliable, and
transparent information on student
achievement or growth;
``(ix) notwithstanding clause (vii)(III),
provide for assessments (using tests in English)
of reading or language arts of any student who has
attended school in the United States (not
including the Commonwealth of Puerto Rico) for 3
or more consecutive school years, except that if
the local educational agency determines, on a
case-by-case individual basis, that academic
assessments in another language or form would
likely yield more accurate and reliable
information on what such student knows and can do,
the local educational agency may make a
determination to assess such student in the
appropriate language other than English for a
period that does not exceed 2 additional
consecutive years, provided that such student has
not yet reached a level of English language
proficiency sufficient to yield valid and reliable
information on what such student knows and can do
on tests (written in English) of reading or
language arts;
``(x) produce individual student interpretive,
descriptive, and diagnostic reports, consistent
with clause (iii), regarding achievement on such
assessments that allow parents, teachers,
principals, and other school leaders to understand
and address the specific academic needs of
students, and that are provided to parents,
teachers, and school leaders, as soon as is
practicable after the assessment is given, in an
understandable and uniform format, and to the
extent practicable, in a language that parents can
understand;
``(xi) enable results to be disaggregated
within each State, local educational agency, and
school by--
``(I) each major racial and ethnic
group;
``(II) economically disadvantaged
students as compared to students who are
not economically disadvantaged;
``(III) children with disabilities
as compared to children without
disabilities;
``(IV) English proficiency status;
``(V) gender; and
``(VI) migrant status,
except that such disaggregation shall not be
required in the case of a State, local educational
agency, or a school in which the number of
students in a subgroup is insufficient to yield
statistically reliable information or the results
would reveal personally identifiable information
about an individual student;
``(xii) enable itemized score analyses to be
produced and reported, consistent with clause
(iii), to local educational agencies and schools,
so that parents, teachers, principals, other
school leaders, and administrators can interpret
and address the specific academic needs of
[[Page 129 STAT. 1828]]
students as indicated by the students' achievement
on assessment items; and
``(xiii) be developed, to the extent
practicable, using the principles of universal
design for learning.
``(C) Exception for advanced mathematics in middle
school.--A State may exempt any 8th grade student from
the assessment in mathematics described in subparagraph
(B)(v)(I)(aa) if--
``(i) such student takes the end-of-course
assessment the State typically administers to meet
the requirements of subparagraph (B)(v)(I)(bb) in
mathematics;
``(ii) such student's achievement on such end-
of-course assessment is used for purposes of
subsection (c)(4)(B)(i), in lieu of such student's
achievement on the mathematics assessment required
under subparagraph (B)(v)(I)(aa), and such student
is counted as participating in the assessment for
purposes of subsection (c)(4)(B)(vi); and
``(iii) in high school, such student takes a
mathematics assessment pursuant to subparagraph
(B)(v)(I)(bb) that--
``(I) is any end-of-course
assessment or other assessment that is
more advanced than the assessment taken
by such student under clause (i) of this
subparagraph; and
``(II) shall be used to measure such
student's academic achievement for
purposes of subsection (c)(4)(B)(i).
``(D) Alternate assessments for students with the
most significant cognitive disabilities.--
``(i) Alternate assessments aligned with
alternate academic achievement standards.--A State
may provide for alternate assessments aligned with
the challenging State academic standards and
alternate academic achievement standards described
in paragraph (1)(E) for students with the most
significant cognitive disabilities, if the State--
``(I) consistent with clause (ii),
ensures that, for each subject, the
total number of students assessed in
such subject using the alternate
assessments does not exceed 1 percent of
the total number of all students in the
State who are assessed in such subject;
``(II) ensures that the parents of
such students are clearly informed, as
part of the process for developing the
individualized education program (as
defined in section 614(d)(1)(A) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)(1)(A)))--
``(aa) that their child's
academic achievement will be
measured based on such alternate
standards; and
``(bb) how participation in
such assessments may delay or
otherwise affect the student
from completing the requirements
for a regular high school
diploma;
[[Page 129 STAT. 1829]]
``(III) promotes, consistent with
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.),
the involvement and progress of students
with the most significant cognitive
disabilities in the general education
curriculum;
``(IV) describes in the State plan
the steps the State has taken to
incorporate universal design for
learning, to the extent feasible, in
alternate assessments;
``(V) describes in the State plan
that general and special education
teachers, and other appropriate staff--
``(aa) know how to
administer the alternate
assessments; and
``(bb) make appropriate use
of accommodations for students
with disabilities on all
assessments required under this
paragraph;
``(VI) develops, disseminates
information on, and promotes the use of
appropriate accommodations to increase
the number of students with significant
cognitive disabilities--
``(aa) participating in
academic instruction and
assessments for the grade level
in which the student is
enrolled; and
``(bb) who are tested based
on challenging State academic
standards for the grade level in
which the student is enrolled;
and
``(VII) does not preclude a student
with the most significant cognitive
disabilities who takes an alternate
assessment based on alternate academic
achievement standards from attempting to
complete the requirements for a regular
high school diploma.
``(ii) Special rules.--
``(I) Responsibility under idea.--
Subject to the authority and
requirements for the individualized
education program team for a child with
a disability under section
614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities Education
Act (20 U.S.C.
1414(d)(1)(A)(i)(VI)(bb)), such team,
consistent with the guidelines
established by the State and required
under section 612(a)(16)(C) of such Act
(20 U.S.C. 1412(c)(16)(C)) and clause
(i)(II) of this subparagraph, shall
determine when a child with a
significant cognitive disability shall
participate in an alternate assessment
aligned with the alternate academic
achievement standards.
``(II) Prohibition on local cap.--
Nothing in this subparagraph shall be
construed to permit the Secretary or a
State educational agency to impose on
any local educational agency a cap on
the percentage of students administered
an alternate assessment under this
subparagraph, except that a local
educational agency exceeding the cap
applied to the State under clause (i)(I)
shall submit information to the State
educational agency justifying the need
to exceed such cap.
[[Page 129 STAT. 1830]]
``(III) State support.--A State
shall provide appropriate oversight, as
determined by the State, of any local
educational agency that is required to
submit information to the State under
subclause (II).
``(IV) Waiver authority.--This
subparagraph shall be subject to the
waiver authority under section 8401.
``(E) State authority.--If a State educational
agency provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency nor
any other State government official, agency, or entity
has sufficient authority, under State law, to adopt
challenging State academic standards, and academic
assessments aligned with such standards, which will be
applicable to all students enrolled in the State's
public elementary schools and secondary schools, then
the State educational agency may meet the requirements
of this subsection by--
``(i) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, and limiting
their applicability to students served under this
part; or
``(ii) adopting and implementing policies that
ensure that each local educational agency in the
State that receives grants under this part will
adopt academic content and student academic
achievement standards, and academic assessments
aligned with such standards, which--
``(I) meet all of the criteria in
this subsection and any regulations
regarding such standards and assessments
that the Secretary may publish; and
``(II) are applicable to all
students served by each such local
educational agency.
``(F) Language assessments.--
``(i) In general.--Each State plan shall
identify the languages other than English that are
present to a significant extent in the
participating student population of the State and
indicate the languages for which annual student
academic assessments are not available and are
needed.
``(ii) Secretarial assistance.--The State
shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the
needed languages, but shall not mandate a specific
academic assessment or mode of instruction.
``(G) Assessments of english language proficiency.--
``(i) In general.--Each State plan shall
demonstrate that local educational agencies in the
State will provide for an annual assessment of
English proficiency of all English learners in the
schools served by the State educational agency.
[[Page 129 STAT. 1831]]
``(ii) Alignment.--The assessments described
in clause (i) shall be aligned with the State's
English language proficiency standards described
in paragraph (1)(F).
``(H) Locally-selected assessment.--
``(i) In general.--Nothing in this paragraph
shall be construed to prohibit a local educational
agency from administering a locally-selected
assessment in lieu of the State-designed academic
assessment under subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v), if the local
educational agency selects a nationally-recognized
high school academic assessment that has been
approved for use by the State as described in
clause (iii) or (iv) of this subparagraph.
``(ii) State technical criteria.--To allow for
State approval of nationally-recognized high
school academic assessments that are available for
local selection under clause (i), a State
educational agency shall establish technical
criteria to determine if any such assessment meets
the requirements of clause (v).
``(iii) State approval.--If a State
educational agency chooses to make a nationally-
recognized high school assessment available for
selection by a local educational agency under
clause (i), which has not already been approved
under this clause, such State educational agency
shall--
``(I) conduct a review of the
assessment to determine if such
assessment meets or exceeds the
technical criteria established by the
State educational agency under clause
(ii);
``(II) submit evidence in accordance
with subsection (a)(4) that demonstrates
such assessment meets the requirements
of clause (v); and
``(III) after fulfilling the
requirements of subclauses (I) and (II),
approve such assessment for selection
and use by any local educational agency
that requests to use such assessment
under clause (i).
``(iv) Local educational agency option.--
``(I) Local educational agency.--If
a local educational agency chooses to
submit a nationally-recognized high
school academic assessment to the State
educational agency, subject to the
approval process described in subclause
(I) and subclause (II) of clause (iii)
to determine if such assessment fulfills
the requirements of clause (v), the
State educational agency may approve the
use of such assessment consistent with
clause (i).
``(II) State educational agency.--
Upon such approval, the State
educational agency shall approve the use
of such assessment in any other local
educational agency in the State that
subsequently requests to use such
assessment without repeating the process
described in subclauses (I) and (II) of
clause (iii).
[[Page 129 STAT. 1832]]
``(v) Requirements.--To receive approval from
the State educational agency under clause (iii), a
locally-selected assessment shall--
``(I) be aligned to the State's
academic content standards under
paragraph (1), address the depth and
breadth of such standards, and be
equivalent in its content coverage,
difficulty, and quality to the State-
designed assessments under this
paragraph (and may be more rigorous in
its content coverage and difficulty than
such State-designed assessments);
``(II) provide comparable, valid,
and reliable data on academic
achievement, as compared to the State-
designed assessments, for all students
and for each subgroup of students
defined in subsection (c)(2), with
results expressed in terms consistent
with the State's academic achievement
standards under paragraph (1), among all
local educational agencies within the
State;
``(III) meet the requirements for
the assessments under subparagraph (B)
of this paragraph, including technical
criteria, except the requirement under
clause (i) of such subparagraph; and
``(IV) provide unbiased, rational,
and consistent differentiation between
schools within the State to meet the
requirements of subsection (c).
``(vi) Parental notification.--A local
educational agency shall notify the parents of
high school students served by the local
educational agency--
``(I) of its request to the State
educational agency for approval to
administer a locally-selected
assessment; and
``(II) upon approval, and at the
beginning of each subsequent school year
during which the locally selected
assessment will be administered, that
the local educational agency will be
administering a different assessment
than the State-designed assessments
under subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v).
``(I) Deferral.--A State may defer the commencement,
or suspend the administration, but not cease the
development, of the assessments described in this
paragraph, for 1 year for each year for which the amount
appropriated for grants under part B is less than
$369,100,000.
``(J) Adaptive assessments.--
``(i) In general.--Subject to clause (ii), a
State retains the right to develop and administer
computer adaptive assessments as the assessments
described in this paragraph, provided the computer
adaptive assessments meet the requirements of this
paragraph, except that--
``(I) subparagraph (B)(i) shall not
be interpreted to require that all
students taking the computer adaptive
assessment be administered the same
assessment items; and
``(II) such assessment--
[[Page 129 STAT. 1833]]
``(aa) shall measure, at a
minimum, each student's academic
proficiency based on the
challenging State academic
standards for the student's
grade level and growth toward
such standards; and
``(bb) may measure the
student's level of academic
proficiency and growth using
items above or below the
student's grade level, including
for use as part of a State's
accountability system under
subsection (c).
``(ii) Students with the most significant
cognitive disabilities and english learners.--In
developing and administering computer adaptive
assessments--
``(I) as the assessments allowed
under subparagraph (D), a State shall
ensure that such computer adaptive
assessments--
``(aa) meet the requirements
of this paragraph, including
subparagraph (D), except such
assessments shall not be
required to meet the
requirements of clause (i)(II);
and
``(bb) assess the student's
academic achievement to measure,
in the subject being assessed,
whether the student is
performing at the student's
grade level; and
``(II) as the assessments required
under subparagraph (G), a State shall
ensure that such computer adaptive
assessments--
``(aa) meet the requirements
of this paragraph, including
subparagraph (G), except such
assessment shall not be required
to meet the requirements of
clause (i)(II); and
``(bb) assess the student's
language proficiency, which may
include growth towards such
proficiency, in order to measure
the student's acquisition of
English.
``(K) Rule of construction on parent rights.--
Nothing in this paragraph shall be construed as
preempting a State or local law regarding the decision
of a parent to not have the parent's child participate
in the academic assessments under this paragraph.
``(L) Limitation on assessment time.--Subject to
Federal or State requirements related to assessments,
evaluations, and accommodations, each State may, at the
sole discretion of such State, set a target limit on the
aggregate amount of time devoted to the administration
of assessments for each grade, expressed as a percentage
of annual instructional hours.
``(3) Exception for recently arrived english learners.--
``(A) Assessments.--With respect to recently arrived
English learners who have been enrolled in a school in
one of the 50 States in the United States or the
District of Columbia for less than 12 months, a State
may choose to--
``(i) exclude--
[[Page 129 STAT. 1834]]
``(I) such an English learner from
one administration of the reading or
language arts assessment required under
paragraph (2); and
``(II) such an English learner's
results on any of the assessments
required under paragraph (2)(B)(v)(I) or
(2)(G) for the first year of the English
learner's enrollment in such a school
for the purposes of the State-determined
accountability system under subsection
(c); or
``(ii)(I) assess, and report the performance
of, such an English learner on the reading or
language arts and mathematics assessments required
under paragraph (2)(B)(v)(I) in each year of the
student's enrollment in such a school; and
``(II) for the purposes of the State-
determined accountability system--
``(aa) for the first year of the
student's enrollment in such a school,
exclude the results on the assessments
described in subclause (I);
``(bb) include a measure of student
growth on the assessments described in
subclause (I) in the second year of the
student's enrollment in such a school;
and
``(cc) include proficiency on the
assessments described in subclause (I)
in the third year of the student's
enrollment in such a school, and each
succeeding year of such enrollment.
``(B) English learner subgroup.--With respect to a
student previously identified as an English learner and
for not more than 4 years after the student ceases to be
identified as an English learner, a State may include
the results of the student's assessments under paragraph
(2)(B)(v)(I) within the English learner subgroup of the
subgroups of students (as defined in subsection
(c)(2)(D)) for the purposes of the State-determined
accountability system.
``(c) Statewide Accountability System.--
``(1) In general.--Each State plan shall describe a
statewide accountability system that complies with the
requirements of this subsection and subsection (d).
``(2) Subgroup of students.--In this subsection and
subsection (d), the term `subgroup of students' means--
``(A) economically disadvantaged students;
``(B) students from major racial and ethnic groups;
``(C) children with disabilities; and
``(D) English learners.
``(3) Minimum number of students.--Each State shall
describe--
``(A) with respect to any provisions under this part
that require disaggregation of information by each
subgroup of students--
``(i) the minimum number of students that the
State determines are necessary to be included to
carry out such requirements and how that number is
statistically sound, which shall be the same
State-determined number for all students and for
each subgroup of students in the State;
[[Page 129 STAT. 1835]]
``(ii) how such minimum number of students was
determined by the State, including how the State
collaborated with teachers, principals, other
school leaders, parents, and other stakeholders
when determining such minimum number; and
``(iii) how the State ensures that such
minimum number is sufficient to not reveal any
personally identifiable information.
``(4) Description of system.--The statewide accountability
system described in paragraph (1) shall be based on the
challenging State academic standards for reading or language
arts and mathematics described in subsection (b)(1) to improve
student academic achievement and school success. In designing
such system to meet the requirements of this part, the State
shall carry out the following:
``(A) Establishment of long-term goals.--Establish
ambitious State-designed long-term goals, which shall
include measurements of interim progress toward meeting
such goals--
``(i) for all students and separately for each
subgroup of students in the State--
``(I) for, at a minimum, improved--
``(aa) academic achievement,
as measured by proficiency on
the annual assessments required
under subsection
(b)(2)(B)(v)(I); and
``(bb) high school
graduation rates, including--
``(AA) the four-year
adjusted cohort graduation
rate; and
``(BB) at the State's
discretion, the extended-
year adjusted cohort
graduation rate, except that
the State shall set a more
rigorous long-term goal for
such graduation rate, as
compared to the long-term
goal set for the four-year
adjusted cohort graduation
rate;
``(II) for which the term set by the
State for such goals is the same multi-
year length of time for all students and
for each subgroup of students in the
State; and
``(III) that, for subgroups of
students who are behind on the measures
described in items (aa) and (bb) of
subclause (I), take into account the
improvement necessary on such measures
to make significant progress in closing
statewide proficiency and graduation
rate gaps; and
``(ii) for English learners, for increases in
the percentage of such students making progress in
achieving English language proficiency, as defined
by the State and measured by the assessments
described in subsection (b)(2)(G), within a State-
determined timeline.
``(B) Indicators.--Except for the indicator
described in clause (iv), annually measure, for all
students and separately for each subgroup of students,
the following indicators:
[[Page 129 STAT. 1836]]
``(i) For all public schools in the State,
based on the long-term goals established under
subparagraph (A), academic achievement--
``(I) as measured by proficiency on
the annual assessments required under
subsection (b)(2)(B)(v)(I); and
``(II) at the State's discretion,
for each public high school in the
State, student growth, as measured by
such annual assessments.
``(ii) For public elementary schools and
secondary schools that are not high schools in the
State--
``(I) a measure of student growth,
if determined appropriate by the State;
or
``(II) another valid and reliable
statewide academic indicator that allows
for meaningful differentiation in school
performance.
``(iii) For public high schools in the State,
and based on State-designed long term goals
established under subparagraph (A)--
``(I) the four-year adjusted cohort
graduation rate; and
``(II) at the State's discretion,
the extended-year adjusted cohort
graduation rate.
``(iv) For public schools in the State,
progress in achieving English language
proficiency, as defined by the State and measured
by the assessments described in subsection
(b)(2)(G), within a State-determined timeline for
all English learners--
``(I) in each of the grades 3
through 8; and
``(II) in the grade for which such
English learners are otherwise assessed
under subsection (b)(2)(B)(v)(I) during
the grade 9 through grade 12 period,
with such progress being measured
against the results of the assessments
described in subsection (b)(2)(G) taken
in the previous grade.
``(v)(I) For all public schools in the State,
not less than one indicator of school quality or
student success that--
``(aa) allows for meaningful
differentiation in school performance;
``(bb) is valid, reliable,
comparable, and statewide (with the same
indicator or indicators used for each
grade span, as such term is determined
by the State); and
``(cc) may include one or more of
the measures described in subclause
(II).
``(II) For purposes of subclause (I), the
State may include measures of--
``(III) student engagement;
``(IV) educator engagement;
``(V) student access to and
completion of advanced coursework;
``(VI) postsecondary readiness;
``(VII) school climate and safety;
and
``(VIII) any other indicator the
State chooses that meets the
requirements of this clause.
[[Page 129 STAT. 1837]]
``(C) Annual meaningful differentiation.--Establish
a system of meaningfully differentiating, on an annual
basis, all public schools in the State, which shall--
``(i) be based on all indicators in the
State's accountability system under subparagraph
(B), for all students and for each of subgroup of
students, consistent with the requirements of such
subparagraph;
``(ii) with respect to the indicators
described in clauses (i) through (iv) of
subparagraph (B) afford--
``(I) substantial weight to each
such indicator; and
``(II) in the aggregate, much
greater weight than is afforded to the
indicator or indicators utilized by the
State and described in subparagraph
(B)(v), in the aggregate; and
``(iii) include differentiation of any such
school in which any subgroup of students is
consistently underperforming, as determined by the
State, based on all indicators under subparagraph
(B) and the system established under this
subparagraph.
``(D) Identification of schools.--Based on the
system of meaningful differentiation described in
subparagraph (C), establish a State-determined
methodology to identify--
``(i) beginning with school year 2017-2018,
and at least once every three school years
thereafter, one statewide category of schools for
comprehensive support and improvement, as
described in subsection (d)(1), which shall
include--
``(I) not less than the lowest-
performing 5 percent of all schools
receiving funds under this part in the
State;
``(II) all public high schools in
the State failing to graduate one third
or more of their students; and
``(III) public schools in the State
described under subsection
(d)(3)(A)(i)(II); and
``(ii) at the discretion of the State,
additional statewide categories of schools.
``(E) Annual measurement of achievement.--(i)
Annually measure the achievement of not less than 95
percent of all students, and 95 percent of all students
in each subgroup of students, who are enrolled in public
schools on the assessments described under subsection
(b)(2)(v)(I).
``(ii) For the purpose of measuring, calculating,
and reporting on the indicator described in subparagraph
(B)(i), include in the denominator the greater of--
``(I) 95 percent of all such students, or 95
percent of all such students in the subgroup, as
the case may be; or
``(II) the number of students participating in
the assessments.
``(iii) Provide a clear and understandable
explanation of how the State will factor the requirement
of clause (i) of this subparagraph into the statewide
accountability system.
[[Page 129 STAT. 1838]]
``(F) Partial attendance.--(i) In the case of a
student who has not attended the same school within a
local educational agency for at least half of a school
year, the performance of such student on the indicators
described in clauses (i), (ii), (iv), and (v) of
subparagraph (B)--
``(I) may not be used in the system of
meaningful differentiation of all public schools
as described in subparagraph (C) for such school
year; and
``(II) shall be used for the purpose of
reporting on the State and local educational
agency report cards under subsection (h) for such
school year.
``(ii) In the case of a high school student who has
not attended the same school within a local educational
agency for at least half of a school year and has exited
high school without a regular high school diploma and
without transferring to another high school that grants
a regular high school diploma during such school year,
the local educational agency shall, in order to
calculate the graduation rate pursuant to subparagraph
(B)(iii), assign such student to the high school--
``(I) at which such student was enrolled for
the greatest proportion of school days while
enrolled in grades 9 through 12; or
``(II) in which the student was most recently
enrolled.
``(5) Accountability for charter schools.--The
accountability provisions under this Act shall be overseen for
charter schools in accordance with State charter school law.
``(d) School Support and Improvement Activities.--
``(1) Comprehensive support and improvement.--
``(A) In general.--Each State educational agency
receiving funds under this part shall notify each local
educational agency in the State of any school served by
the local educational agency that is identified for
comprehensive support and improvement under subsection
(c)(4)(D)(i).
``(B) Local educational agency action.--Upon
receiving such information from the State, the local
educational agency shall, for each school identified by
the State and in partnership with stakeholders
(including principals and other school leaders,
teachers, and parents), locally develop and implement a
comprehensive support and improvement plan for the
school to improve student outcomes, that--
``(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance against State-determined long-term
goals;
``(ii) includes evidence-based interventions;
``(iii) is based on a school-level needs
assessment;
``(iv) identifies resource inequities, which
may include a review of local educational agency
and school-level budgeting, to be addressed
through implementation of such comprehensive
support and improvement plan;
``(v) is approved by the school, local
educational agency, and State educational agency;
and
[[Page 129 STAT. 1839]]
``(vi) upon approval and implementation, is
monitored and periodically reviewed by the State
educational agency.
``(C) State educational agency discretion.--With
respect to any high school in the State identified under
subsection (c)(4)(D)(i)(II), the State educational
agency may--
``(i) permit differentiated improvement
activities that utilize evidence-based
interventions in the case of such a school that
predominantly serves students--
``(I) returning to education after
having exited secondary school without a
regular high school diploma; or
``(II) who, based on their grade or
age, are significantly off track to
accumulate sufficient academic credits
to meet high school graduation
requirements, as established by the
State; and
``(ii) in the case of such a school that has a
total enrollment of less than 100 students, permit
the local educational agency to forego
implementation of improvement activities required
under this paragraph.
``(D) Public school choice.--
``(i) In general.--A local educational agency
may provide all students enrolled in a school
identified by the State for comprehensive support
and improvement under subsection (c)(4)(D)(i) with
the option to transfer to another public school
served by the local educational agency, unless
such an option is prohibited by State law.
``(ii) Priority.--In providing students the
option to transfer to another public school, the
local educational agency shall give priority to
the lowest-achieving children from low-income
families, as determined by the local educational
agency for the purposes of allocating funds to
schools under section 1113(a)(3).
``(iii) Treatment.--A student who uses the
option to transfer to another public school shall
be enrolled in classes and other activities in the
public school to which the student transfers in
the same manner as all other students at the
public school.
``(iv) Special rule.--A local educational
agency shall permit a student who transfers to
another public school under this paragraph to
remain in that school until the student has
completed the highest grade in that school.
``(v) Funding for transportation.--A local
educational agency may spend an amount equal to
not more than 5 percent of its allocation under
subpart 2 of this part to pay for the provision of
transportation for students who transfer under
this paragraph to the public schools to which the
students transfer.
``(2) Targeted support and improvement.--
``(A) In general.--Each State educational agency
receiving funds under this part shall, using the
meaningful differentiation of schools described in
subsection (c)(4)(C)--
``(i) notify each local educational agency in
the State of any school served by the local
educational
[[Page 129 STAT. 1840]]
agency in which any subgroup of students is
consistently underperforming, as described in
subsection (c)(4)(C)(iii); and
``(ii) ensure such local educational agency
provides notification to such school with respect
to which subgroup or subgroups of students in such
school are consistently underperforming as
described in subsection (c)(4)(C)(iii).
``(B) Targeted support and improvement plan.--Each
school receiving a notification described in this
paragraph, in partnership with stakeholders (including
principals and other school leaders, teachers and
parents), shall develop and implement a school-level
targeted support and improvement plan to improve student
outcomes based on the indicators in the statewide
accountability system established under subsection
(c)(4), for each subgroup of students that was the
subject of notification that--
``(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance against long-term goals;
``(ii) includes evidence-based interventions;
``(iii) is approved by the local educational
agency prior to implementation of such plan;
``(iv) is monitored, upon submission and
implementation, by the local educational agency;
and
``(v) results in additional action following
unsuccessful implementation of such plan after a
number of years determined by the local
educational agency.
``(C) Additional targeted support.--A plan described
in subparagraph (B) that is developed and implemented in
any school receiving a notification under this paragraph
from the local educational agency in which any subgroup
of students, on its own, would lead to identification
under subsection (c)(4)(D)(i)(I) using the State's
methodology under subsection (c)(4)(D) shall also
identify resource inequities (which may include a review
of local educational agency and school level budgeting),
to be addressed through implementation of such plan.
``(D) Special rule.--The State educational agency,
based on the State's differentiation of schools under
subsection (c)(4)(C) for school year 2017-2018, shall
notify local educational agencies of any schools served
by the local educational agency in which any subgroup of
students, on its own, would lead to identification under
subsection (c)(4)(D)(i)(I) using the State's methodology
under subsection (c)(4)(D), after which notification of
such schools under this paragraph shall result from
differentiation of schools pursuant to subsection
(c)(4)(C)(iii).
``(3) Continued support for school and local educational
agency improvement.--To ensure continued progress to improve
student academic achievement and school success in the State,
the State educational agency--
``(A) shall--
``(i) establish statewide exit criteria for--
[[Page 129 STAT. 1841]]
``(I) schools identified by the
State for comprehensive support and
improvement under subsection
(c)(4)(D)(i), which, if not satisfied
within a State-determined number of
years (not to exceed four years), shall
result in more rigorous State-determined
action, such as the implementation of
interventions (which may include
addressing school-level operations); and
``(II) schools described in
paragraph (2)(C), which, if not
satisfied within a State-determined
number of years, shall, in the case of
such schools receiving assistance under
this part, result in identification of
the school by the State for
comprehensive support and improvement
under subsection (c)(4)(D)(i)(III);
``(ii) periodically review resource allocation
to support school improvement in each local
educational agency in the State serving--
``(I) a significant number of
schools identified for comprehensive
support and improvement under subsection
(c)(4)(D)(i); and
``(II) a significant number of
schools implementing targeted support
and improvement plans under paragraph
(2); and
``(iii) provide technical assistance to each
local educational agency in the State serving a
significant number of--
``(I) schools implementing
comprehensive support and improvement
plans under paragraph (1); or
``(II) schools implementing targeted
support and improvement plans under
paragraph (2); and
``(B) may--
``(i) take action to initiate additional
improvement in any local educational agency with--
``(I) a significant number of
schools that are consistently identified
by the State for comprehensive support
and improvement under subsection
(c)(4)(D)(i) and not meeting exit
criteria established by the State under
subparagraph (A)(i)(I); or
``(II) a significant number of
schools implementing targeted support
and improvement plans under paragraph
(2); and
``(ii) consistent with State law, establish
alternative evidence-based State determined
strategies that can be used by local educational
agencies to assist a school identified for
comprehensive support and improvement under
subsection (c)(4)(D)(i).
``(4) Rule of construction for collective bargaining.--
Nothing in this subsection shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded
to school or local educational agency employees under Federal,
State, or local laws (including applicable regulations or court
orders) or under the terms of collective bargaining agreements,
memoranda of understanding, or other agreements between such
employers and their employees.
``(e) Prohibition.--
[[Page 129 STAT. 1842]]
``(1) In general.--Nothing in this Act shall be construed to
authorize or permit the Secretary--
``(A) when promulgating any rule or regulation, to
promulgate any rule or regulation on the development or
implementation of the statewide accountability system
established under this section that would--
``(i) add new requirements that are
inconsistent with or outside the scope of this
part;
``(ii) add new criteria that are inconsistent
with or outside the scope of this part; or
``(iii) be in excess of statutory authority
granted to the Secretary;
``(B) as a condition of approval of the State plan,
or revisions or amendments to, the State plan, or
approval of a waiver request submitted under section
8401, to--
``(i) require a State to add any requirements
that are inconsistent with or outside the scope of
this part;
``(ii) require a State to add or delete one or
more specific elements of the challenging State
academic standards; or
``(iii) prescribe--
``(I) numeric long-term goals or
measurements of interim progress that
States establish for all students, for
any subgroups of students, and for
English learners with respect to English
language proficiency, under this part,
including--
``(aa) the length of terms
set by States in designing such
goals; or
``(bb) the progress expected
from any subgroups of students
in meeting such goals;
``(II) specific academic assessments
or assessment items that States or local
educational agencies use to meet the
requirements of subsection (b)(2) or
otherwise use to measure student
academic achievement or student growth
under this part;
``(III) indicators that States use
within the State accountability system
under this section, including any
requirement to measure student growth,
or, if a State chooses to measure
student growth, the specific metrics
used to measure such growth under this
part;
``(IV) the weight of any measure or
indicator used to identify or
meaningfully differentiate schools,
under this part;
``(V) the specific methodology used
by States to meaningfully differentiate
or identify schools under this part;
``(VI) any specific school support
and improvement strategies or activities
that State or local educational agencies
establish and implement to intervene in,
support, and improve schools and improve
student outcomes under this part;
``(VII) exit criteria established by
States under subsection (d)(3)(A)(i);
``(VIII) provided that the State
meets the requirements in subsection
(c)(3), a minimum
[[Page 129 STAT. 1843]]
number of students established by a
State under such subsection;
``(IX) any aspect or parameter of a
teacher, principal, or other school
leader evaluation system within a State
or local educational agency;
``(X) indicators or specific
measures of teacher, principal, or other
school leader effectiveness or quality;
or
``(XI) the way in which the State
factors the requirement under subsection
(c)(4)(E)(i) into the statewide
accountability system under this
section; or
``(C) to issue new non-regulatory guidance that--
``(i) in seeking to provide explanation of
requirements under this section for State or local
educational agencies, either in response to
requests for information or in anticipation of
such requests, provides a strictly limited or
exhaustive list to illustrate successful
implementation of provisions under this section;
or
``(ii) purports to be legally binding; or
``(D) to require data collection under this part
beyond data derived from existing Federal, State, and
local reporting requirements.
``(2) Defining terms.--In carrying out this part, the
Secretary shall not, through regulation or as a condition of
approval of the State plan or revisions or amendments to the
State plan, promulgate a definition of any term used in this
part, or otherwise prescribe any specification for any such
term, that is inconsistent with or outside the scope of this
part or is in violation of paragraph (1).
``(f) Existing State Law.--Nothing in this section shall be
construed to alter any State law or regulation granting parents
authority over schools that repeatedly failed to make adequate yearly
progress under this part, as in effect on the day before the date of the
enactment of the Every Student Succeeds Act.
``(g) Other Plan Provisions.--
``(1) Descriptions.--Each State plan shall describe--
``(A) how the State will provide assistance to local
educational agencies and individual elementary schools
choosing to use funds under this part to support early
childhood education programs;
``(B) how low-income and minority children enrolled
in schools assisted under this part are not served at
disproportionate rates by ineffective, out-of-field, or
inexperienced teachers, and the measures the State
educational agency will use to evaluate and publicly
report the progress of the State educational agency with
respect to such description (except that nothing in this
subparagraph shall be construed as requiring a State to
develop or implement a teacher, principal, or other
school leader evaluation system);
``(C) how the State educational agency will support
local educational agencies receiving assistance under
this part to improve school conditions for student
learning, including through reducing--
``(i) incidences of bullying and harassment;
[[Page 129 STAT. 1844]]
``(ii) the overuse of discipline practices
that remove students from the classroom; and
``(iii) the use of aversive behavioral
interventions that compromise student health and
safety;
``(D) how the State will support local educational
agencies receiving assistance under this part in meeting
the needs of students at all levels of schooling
(particularly students in the middle grades and high
school), including how the State will work with such
local educational agencies to provide effective
transitions of students to middle grades and high school
to decrease the risk of students dropping out;
``(E) the steps a State educational agency will take
to ensure collaboration with the State agency
responsible for administering the State plans under
parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.) to ensure the
educational stability of children in foster care,
including assurances that--
``(i) any such child enrolls or remains in
such child's school of origin, unless a
determination is made that it is not in such
child's best interest to attend the school of
origin, which decision shall be based on all
factors relating to the child's best interest,
including consideration of the appropriateness of
the current educational setting and the proximity
to the school in which the child is enrolled at
the time of placement;
``(ii) when a determination is made that it is
not in such child's best interest to remain in the
school of origin, the child is immediately
enrolled in a new school, even if the child is
unable to produce records normally required for
enrollment;
``(iii) the enrolling school shall immediately
contact the school last attended by any such child
to obtain relevant academic and other records; and
``(iv) the State educational agency will
designate an employee to serve as a point of
contact for child welfare agencies and to oversee
implementation of the State agency
responsibilities required under this subparagraph,
and such point of contact shall not be the State's
Coordinator for Education of Homeless Children and
Youths under section 722(d)(3) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11432(d)(3));
``(F) how the State educational agency will provide
support to local educational agencies in the
identification, enrollment, attendance, and school
stability of homeless children and youths; and
``(G) such other factors the State educational
agency determines appropriate to provide students an
opportunity to achieve the knowledge and skills
described in the challenging State academic standards.
``(2) Assurances.--Each State plan shall contain assurances
that--
``(A) the State will make public any methods or
criteria the State is using to measure teacher,
principal, or other school leader effectiveness for the
purpose of meeting the requirements described in
paragraph (1)(B);
[[Page 129 STAT. 1845]]
``(B) the State educational agency will notify local
educational agencies, Indian tribes and tribal
organizations, schools, teachers, parents, and the
public of the challenging State academic standards,
academic assessments, and State accountability system,
developed under this section;
``(C) the State educational agency will assist each
local educational agency and school affected by the
State plan to meet the requirements of this part;
``(D) the State will participate in the biennial
State academic assessments in reading and mathematics in
grades 4 and 8 of the National Assessment of Educational
Progress carried out under section 303(b)(3) of the
National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)) if the
Secretary pays the costs of administering such
assessments;
``(E) 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 to improve educational
opportunities and reduce unnecessary fiscal and
accounting requirements;
``(F) the State educational agency will support the
collection and dissemination to local educational
agencies and schools of effective parent and family
engagement strategies, including those included in the
parent and family engagement policy under section 1116;
``(G) 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;
``(H) the State educational agency will ensure that
local educational agencies, in developing and
implementing programs under this part, will, to the
extent feasible, work in consultation with outside
intermediary organizations (such as educational service
agencies), or individuals, that have practical expertise
in the development or use of evidence-based strategies
and programs to improve teaching, learning, and schools;
``(I) the State educational agency has appropriate
procedures and safeguards in place to ensure the
validity of the assessment process;
``(J) the State educational agency will ensure that
all teachers and paraprofessionals working in a program
supported with funds under this part meet applicable
State certification and licensure requirements,
including any requirements for certification obtained
through alternative routes to certification;
``(K) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate;
``(L) the State educational agency has involved the
committee of practitioners established under section
1603(b) in developing the plan and monitoring its
implementation;
``(M) the State has professional standards for
paraprofessionals working in a program supported with
funds under this part, including qualifications that
were in place
[[Page 129 STAT. 1846]]
on the day before the date of enactment of the Every
Student Succeeds Act; and
``(N) the State educational agency will provide the
information described in clauses (ii), (iii), and (vii)
of subsection (h)(1)(C) to the public in an easily
accessible and user-friendly manner that can be cross-
tabulated by, at a minimum, each major racial and ethnic
group, gender, English proficiency status, and children
with or without disabilities, which--
``(i) may be accomplished by including such
information on the annual State report card
described subsection (h)(1)(C); and
``(ii) shall be presented in a manner that--
``(I) is first anonymized and does
not reveal personally identifiable
information about an individual student;
``(II) does not include a number of
students in any subgroup of students
that is insufficient to yield
statistically reliable information or
that would reveal personally
identifiable information about an
individual student; and
``(III) is consistent with the
requirements of section 444 of the
General Education Provisions Act (20
U.S.C. 1232g, commonly known as the
`Family Educational Rights and Privacy
Act of 1974').
``(3) Rules of construction.--Nothing in paragraph (2)(N)
shall be construed to--
``(A) require groups of students obtained by any
entity that cross-tabulates the information provided
under such paragraph to be considered subgroups of
students, as defined in subsection (c)(2), for the
purposes of the State accountability system under
subsection (c); or
``(B) require or prohibit States or local
educational agencies from publicly reporting data in a
cross-tabulated manner, in order to meet the
requirements of paragraph (2)(N).
``(4) Technical assistance.--Upon request by a State
educational agency, the Secretary shall provide technical
assistance to such agency to--
``(A) meet the requirements of paragraph (2)(N); or
``(B) in the case of a State educational agency
choosing, at its sole discretion, to disaggregate data
described in clauses (ii) and (iii)(II) of subsection
(h)(1)(C) for Asian and Native Hawaiian or Pacific
Islander students using the same race response
categories as the decennial census of the population,
assist such State educational agency in such
disaggregation and in using such data to improve
academic outcomes for such students.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this part shall prepare and disseminate widely to
the public an annual State report card for the State as
a whole that meets the requirements of this paragraph.
``(B) Implementation.--The State report card
required under this paragraph shall be--
[[Page 129 STAT. 1847]]
``(i) concise;
``(ii) presented in an understandable and
uniform format that is developed in consultation
with parents and, to the extent practicable, in a
language that parents can understand; and
``(iii) widely accessible to the public, which
shall include making available on a single webpage
of the State educational agency's website, the
State report card, all local educational agency
report cards for each local educational agency in
the State required under paragraph (2), and the
annual report to the Secretary under paragraph
(5).
``(C) Minimum requirements.--Each State report card
required under this subsection shall include the
following information:
``(i) A clear and concise description of the
State's accountability system under subsection
(c), including--
``(I) the minimum number of students
that the State determines are necessary
to be included in each of the subgroups
of students, as defined in subsection
(c)(2), for use in the accountability
system;
``(II) the long-term goals and
measurements of interim progress for all
students and for each of the subgroups
of students, as defined in subsection
(c)(2);
``(III) the indicators described in
subsection (c)(4)(B) used to
meaningfully differentiate all public
schools in the State;
``(IV) the State's system for
meaningfully differentiating all public
schools in the State, including--
``(aa) the specific weight
of the indicators described in
subsection (c)(4)(B) in such
differentiation;
``(bb) the methodology by
which the State differentiates
all such schools;
``(cc) the methodology by
which the State differentiates a
school as consistently
underperforming for any subgroup
of students described in section
(c)(4)(C)(iii), including the
time period used by the State to
determine consistent
underperformance; and
``(dd) the methodology by
which the State identifies a
school for comprehensive support
and improvement as required
under subsection (c)(4)(D)(i);
``(V) the number and names of all
public schools in the State identified
by the State for comprehensive support
and improvement under subsection
(c)(4)(D)(i) or implementing targeted
support and improvement plans under
subsection (d)(2); and
``(VI) the exit criteria established
by the State as required under clause
(i) of subsection (d)(3)(A), including
the length of years established under
clause (i)(II) of such subsection.
[[Page 129 STAT. 1848]]
``(ii) For all students and disaggregated by
each subgroup of students described in subsection
(b)(2)(B)(xi), homeless status, status as a child
in foster care, and status as a student with a
parent who is a member of the Armed Forces (as
defined in section 101(a)(4) of title 10, United
States Code) on active duty (as defined in section
101(d)(5) of such title), information on student
achievement on the academic assessments described
in subsection (b)(2) at each level of achievement,
as determined by the State under subsection
(b)(1).
``(iii) For all students and disaggregated by
each of the subgroups of students, as defined in
subsection (c)(2), and for purposes of subclause
(II) of this clause, homeless status and status as
a child in foster care--
``(I) information on the performance
on the other academic indicator under
subsection (c)(4)(B)(ii) for public
elementary schools and secondary schools
that are not high schools, used by the
State in the State accountability
system; and
``(II) high school graduation rates,
including four-year adjusted cohort
graduation rates and, at the State's
discretion, extended-year adjusted
cohort graduation rates.
``(iv) Information on the number and
percentage of English learners achieving English
language proficiency.
``(v) For all students and disaggregated by
each of the subgroups of students, as defined in
subsection (c)(2), information on the performance
on the other indicator or indicators of school
quality or student success under subsection
(c)(4)(B)(v) used by the State in the State
accountability system.
``(vi) Information on the progress of all
students and each subgroup of students, as defined
in subsection (c)(2), toward meeting the State-
designed long term goals under subsection
(c)(4)(A), including the progress of all students
and each such subgroup of students against the
State measurements of interim progress established
under such subsection.
``(vii) For all students and disaggregated by
each subgroup of students described in subsection
(b)(2)(B)(xi), the percentage of students assessed
and not assessed.
``(viii) Information submitted by the State
educational agency and each local educational
agency in the State, in accordance with data
collection conducted pursuant to section 203(c)(1)
of the Department of Education Organization Act
(20 U.S.C. 3413(c)(1)), on--
``(I) measures of school quality,
climate, and safety, including rates of
in-school suspensions, out-of-school
suspensions, expulsions, school-related
arrests, referrals to law enforcement,
chronic absenteeism (including both
excused and unexcused absences),
incidences of violence, including
bullying and harassment; and
[[Page 129 STAT. 1849]]
``(II) the number and percentage of
students enrolled in--
``(aa) preschool programs;
and
``(bb) accelerated
coursework to earn postsecondary
credit while still in high
school, such as Advanced
Placement and International
Baccalaureate courses and
examinations, and dual or
concurrent enrollment programs.
``(ix) The professional qualifications of
teachers in the State, including information (that
shall be presented in the aggregate and
disaggregated by high-poverty compared to low-
poverty schools) on the number and percentage of--
``(I) inexperienced teachers,
principals, and other school leaders;
``(II) teachers teaching with
emergency or provisional credentials;
and
``(III) teachers who are not
teaching in the subject or field for
which the teacher is certified or
licensed.
``(x) The per-pupil expenditures of Federal,
State, and local funds, including actual personnel
expenditures and actual nonpersonnel expenditures
of Federal, State, and local funds, disaggregated
by source of funds, for each local educational
agency and each school in the State for the
preceding fiscal year.
``(xi) The number and percentages of students
with the most significant cognitive disabilities
who take an alternate assessment under subsection
(b)(2)(D), by grade and subject.
``(xii) Results on the State academic
assessments in reading and mathematics in grades 4
and 8 of the National Assessment of Educational
Progress carried out under section 303(b)(3) of
the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)), compared
to the national average of such results.
``(xiii) Where available, for each high school
in the State, and beginning with the report card
prepared under this paragraph for 2017, the cohort
rate (in the aggregate, and disaggregated for each
subgroup of students defined in subsection
(c)(2)), at which students who graduate from the
high school enroll, for the first academic year
that begins after the students' graduation--
``(I) in programs of public
postsecondary education in the State;
and
``(II) if data are available and to
the extent practicable, in programs of
private postsecondary education in the
State or programs of postsecondary
education outside the State.
``(xiv) Any additional information that the
State believes will best provide parents,
students, and other members of the public with
information regarding the progress of each of the
State's public elementary schools and secondary
schools, which may include the number and
percentage of students attaining career
[[Page 129 STAT. 1850]]
and technical proficiencies (as defined by section
113(b) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)) and
reported by States only in a manner consistent
with section 113(c) of such Act (20 U.S.C.
2323(c)).
``(D) Rules of construction.--Nothing in
subparagraph (C)(viii) shall be construed as requiring--
``(i) reporting of any data that are not
collected in accordance with section 203(c)(1) of
the Department of Education Organization Act (20
U.S.C. 3413(c)(1); or
``(ii) disaggregation of any data other than
as required under subsection (b)(2)(B)(xi).
``(2) Annual local educational agency report cards.--
``(A) Preparation and dissemination.--A local
educational agency that receives assistance under this
part shall prepare and disseminate an annual local
educational agency report card that includes information
on such agency as a whole and each school served by the
agency.
``(B) Implementation.--Each local educational agency
report card shall be--
``(i) concise;
``(ii) presented in an understandable and
uniform format, and to the extent practicable, in
a language that parents can understand; and
``(iii) accessible to the public, which shall
include--
``(I) placing such report card on
the website of the local educational
agency; and
``(II) in any case in which a local
educational agency does not operate a
website, providing the information to
the public in another manner determined
by the local educational agency.
``(C) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C), disaggregated in the same
manner as required under such paragraph, except for
clause (xii) of such paragraph, as applied to the local
educational agency and each school served by the local
educational agency, including--
``(i) in the case of a local educational
agency, information that shows how students served
by the local educational agency achieved on the
academic assessments described in subsection
(b)(2) compared to students in the State as a
whole;
``(ii) in the case of a school, information
that shows how the school's students' achievement
on the academic assessments described in
subsection (b)(2) compared to students served by
the local educational agency and the State as a
whole; and
``(iii) any other information that the local
educational agency determines is appropriate and
will best provide parents, students, and other
members of the public with information regarding
the progress of each public school served by the
local educational agency,
[[Page 129 STAT. 1851]]
whether or not such information is included in the
annual State report card.
``(D) Additional information.--In the case of a
local educational agency that issues a report card for
all students, the local educational agency may include
the information under this section as part of such
report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on the
performance of students, schools, local educational agencies, or
the State, that were in effect prior to the date of enactment of
the Every Student Succeeds Act for the purpose of this
subsection, so long as any such report card is modified, as may
be needed, to contain the information required by this
subsection, and protects the privacy of individual students.
``(4) Cost reduction.--Each State educational agency and
local educational agency receiving assistance under this part
shall, wherever possible, take steps to reduce data collection
costs and duplication of effort by obtaining the information
required under this subsection through existing data collection
efforts.
``(5) Annual state report to the secretary.--Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available
within the State--
``(A) information on the achievement of students on
the academic assessments required by subsection (b)(2),
including the disaggregated results for the subgroups of
students as defined in subsection (c)(2);
``(B) information on the acquisition of English
proficiency by English learners;
``(C) the number and names of each public school in
the State--
``(i) identified for comprehensive support and
improvement under subsection (c)(4)(D)(i); and
``(ii) implementing targeted support and
improvement plans under subsection (d)(2); and
``(D) information on the professional qualifications
of teachers in the State, including information on the
number and the percentage of the following teachers:
``(i) Inexperienced teachers.
``(ii) Teachers teaching with emergency or
provisional credentials.
``(iii) Teachers who are not teaching in the
subject or field for which the teacher is
certified or licensed.
``(6) Report to congress.--The Secretary shall transmit
annually to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that provides
national and State-level data on the information collected under
paragraph (5). Such report shall be submitted through electronic
means only.
``(i) Privacy.--
``(1) In general.--Information collected or disseminated
under this section (including any information collected for or
included in the reports described in subsection (h)) shall be
collected and disseminated in a manner that protects the privacy
of individuals consistent with section 444 of the General
[[Page 129 STAT. 1852]]
Education Provisions Act (20 U.S.C. 1232g, commonly known as the
`Family Educational Rights and Privacy Act of 1974') and this
Act.
``(2) Sufficiency.--The reports described in subsection (h)
shall only include data that are sufficient to yield
statistically reliable information.
``(3) Disaggregation.--Disaggregation under this section
shall not be required if such disaggregation will reveal
personally identifiable information about any student, teacher,
principal, or other school leader, or will provide data that are
insufficient to yield statistically reliable information.
``(j) Voluntary Partnerships.--A State retains the right to enter
into a voluntary partnership with another State to develop and implement
the challenging State academic standards and assessments required under
this section, except that the Secretary shall not attempt to influence,
incentivize, or coerce State--
``(1) adoption of the Common Core State Standards developed
under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States, or
assessments tied to such standards; or
``(2) participation in such partnerships.
``(k) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each school operated or funded
by the Bureau of Indian Education receiving funds under this part, the
following shall apply until the requirements of section 8204(c) have
been met:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented to
meet the requirements of this section, or such other appropriate
assessment and academic indicators as approved by the Secretary
of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization (in consultation with and with the
approval of the Secretary of the Interior, and consistent with
assessments and academic indicators adopted by other schools in
the same State or region) shall adopt an appropriate assessment
and other academic indicators that meet the requirements of this
section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators meet
the requirements of this section.
``(l) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part for
student promotion or graduation purposes.''
NCLB Text
‘‘Subpart 1—Basic Program Requirements
SEC. 1111. STATE PLANS. <<NOTE: 20 USC 6311.>>
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a grant
under this part, the State educational agency shall submit to
the Secretary a plan, developed by the State educational agency,
in consultation with local educational agencies, teachers,
principals, pupil services personnel, administrators (including
administrators of programs described in other parts of this
title), other staff, and parents, that satisfies the
requirements of this section and that is coordinated with other
programs under this Act, the Individuals with Disabilities
Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 9302.
``(b) Academic Standards, Academic Assessments, and
Accountability.--
``(1) Challenging academic standards.--
``(A) In general.--Each State plan shall demonstrate
that the State has adopted challenging academic content
standards and challenging student academic achievement
[[Page 115 STAT. 1445]]
standards that will be used by the State, its local
educational agencies, and its schools to carry out this
part, except that a State shall not be required to
submit such standards to the Secretary.
``(B) Same standards.--The academic standards
required by subparagraph (A) shall be the same academic
standards that the State applies to all schools and
children in the State.
``(C) Subjects.--The State shall have such academic
standards for all public elementary school and secondary
school children, including children served under this
part, in subjects determined by the State, but including
at least mathematics, reading or language arts, and
(beginning in the 2005-2006 school year) science, which
shall include the same knowledge, skills, and levels of
achievement expected of all children.
``(D) Challenging academic standards.--Standards
under this paragraph shall include--
``(i) challenging academic content standards
in academic subjects that--
``(I) specify what children are
expected to know and be able to do;
``(II) contain coherent and rigorous
content; and
``(III) encourage the teaching of
advanced skills; and
``(ii) challenging student academic
achievement standards that--
``(I) are aligned with the State's
academic content standards;
``(II) describe two levels of high
achievement (proficient and advanced)
that determine how well children are
mastering the material in the State
academic content standards; and
``(III) describe a third level of
achievement (basic) to provide complete
information about the progress of the
lower-achieving children toward
mastering the proficient and advanced
levels of achievement.
``(E) Information.--For the subjects in which
students will be served under this part, but for which a
State is not required by subparagraphs (A), (B), and (C)
to develop, and has not otherwise developed, such
academic standards, the State plan shall describe a
strategy for ensuring that students are taught the same
knowledge and skills in such subjects and held to the
same expectations as are all children.
``(F) Existing standards.--Nothing in this part
shall prohibit a State from revising, consistent with
this section, any standard adopted under this part
before or after the date of enactment of the No Child
Left Behind Act of 2001.
``(2) Accountability.--
``(A) In general.--Each State plan shall demonstrate
that the State has developed and is implementing a
single, statewide State accountability system that will
be effective in ensuring that all local educational
agencies, public
[[Page 115 STAT. 1446]]
elementary schools, and public secondary schools make
adequate yearly progress as defined under this
paragraph. Each State accountability system shall--
``(i) be based on the academic standards and
academic assessments adopted under paragraphs (1)
and (3), and other academic indicators consistent
with subparagraph (C)(vi) and (vii), and shall
take into account the achievement of all public
elementary school and secondary school students;
``(ii) be the same accountability system the
State uses for all public elementary schools and
secondary schools or all local educational
agencies in the State, except that public
elementary schools, secondary schools, and local
educational agencies not participating under this
part are not subject to the requirements of
section 1116; and
``(iii) include sanctions and rewards, such as
bonuses and recognition, the State will use to
hold local educational agencies and public
elementary schools and secondary schools
accountable for student achievement and for
ensuring that they make adequate yearly progress
in accordance with the State's definition under
subparagraphs (B) and (C).
``(B) Adequate yearly progress.--Each State plan
shall demonstrate, based on academic assessments
described in paragraph (3), and in accordance with this
paragraph, what constitutes adequate yearly progress of
the State, and of all public elementary schools,
secondary schools, and local educational agencies in the
State, toward enabling all public elementary school and
secondary school students to meet the State's student
academic achievement standards, while working toward the
goal of narrowing the achievement gaps in the State,
local educational agencies, and schools.
``(C) Definition.--`Adequate yearly progress' shall
be defined by the State in a manner that--
``(i) applies the same high standards of
academic achievement to all public elementary
school and secondary school students in the State;
``(ii) is statistically valid and reliable;
``(iii) results in continuous and substantial
academic improvement for all students;
``(iv) measures the progress of public
elementary schools, secondary schools and local
educational agencies and the State based primarily
on the academic assessments described in paragraph
(3);
``(v) includes separate measurable annual
objectives for continuous and substantial
improvement for each of the following:
``(I) The achievement of all public
elementary school and secondary school
students.
``(II) The achievement of--
``(aa) economically
disadvantaged students;
``(bb) students from major
racial and ethnic groups;
``(cc) students with
disabilities; and
[[Page 115 STAT. 1447]]
``(dd) students with limited
English proficiency;
except that disaggregation of data under
subclause (II) 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 personally
identifiable information about an
individual student;
``(vi) in accordance with subparagraph (D),
includes graduation rates for public secondary
school students (defined as the percentage of
students who graduate from secondary school with a
regular diploma in the standard number of years)
and at least one other academic indicator, as
determined by the State for all public elementary
school students; and
``(vii) in accordance with subparagraph (D),
at the State's discretion, may also include other
academic indicators, as determined by the State
for all public school students, measured
separately for each group described in clause (v),
such as achievement on additional State or locally
administered assessments, decreases in grade-to-
grade retention rates, attendance rates, and
changes in the percentages of students completing
gifted and talented, advanced placement, and
college preparatory courses.
``(D) Requirements for other indicators.--In
carrying out subparagraph (C)(vi) and (vii), the State--
``(i) shall ensure that the indicators
described in those provisions are valid and
reliable, and are consistent with relevant,
nationally recognized professional and technical
standards, if any; and
``(ii) except as provided in subparagraph
(I)(i), may not use those indicators to reduce the
number of, or change, the schools that would
otherwise be subject to school improvement,
corrective action, or restructuring under section
1116 if those additional indicators were not used,
but may use them to identify additional schools
for school improvement or in need of corrective
action or restructuring.
``(E) Starting point.--Each State, using data for
the 2001-2002 school year, shall establish the starting
point for measuring, under subparagraphs (G) and (H),
the percentage of students meeting or exceeding the
State's proficient level of academic achievement on the
State assessments under paragraph (3) and pursuant to
the timeline described in subparagraph (F). The starting
point shall be, at a minimum, based on the higher of the
percentage of students at the proficient level who are
in--
``(i) the State's lowest achieving group of
students described in subparagraph (C)(v)(II); or
``(ii) the school at the 20th percentile in
the State, based on enrollment, among all schools
ranked by the percentage of students at the
proficient level.
``(F) Timeline.--Each State shall establish a
timeline for adequate yearly progress. The timeline
shall ensure that not later than 12 years after the end
of the 2001-2002 school year, all students in each group
described
[[Page 115 STAT. 1448]]
in subparagraph (C)(v) will meet or exceed the State's
proficient level of academic achievement on the State
assessments under paragraph (3).
``(G) Measurable objectives.--Each State shall
establish statewide annual measurable objectives,
pursuant to subparagraph (C)(v), for meeting the
requirements of this paragraph, and which--
``(i) shall be set separately for the
assessments of mathematics and reading or language
arts under subsection (a)(3);
``(ii) shall be the same for all schools and
local educational agencies in the State;
``(iii) shall identify a single minimum
percentage of students who are required to meet or
exceed the proficient level on the academic
assessments that applies separately to each group
of students described in subparagraph (C)(v);
``(iv) shall ensure that all students will
meet or exceed the State's proficient level of
academic achievement on the State assessments
within the State's timeline under subparagraph
(F); and
``(v) may be the same for more than 1 year,
subject to the requirements of subparagraph (H).
``(H) Intermediate goals for annual yearly
progress.--Each State shall establish intermediate goals
for meeting the requirements, including the measurable
objectives in subparagraph (G), of this paragraph and
that shall--
``(i) increase in equal increments over the
period covered by the State's timeline under
subparagraph (F);
``(ii) provide for the first increase to occur
in not more than 2 years; and
``(iii) provide for each following increase to
occur in not more than 3 years.
``(I) Annual improvement for schools.--Each year,
for a school to make adequate yearly progress under this
paragraph--
``(i) each group of students described in
subparagraph (C)(v) must meet or exceed the
objectives set by the State under subparagraph
(G), except that if any group described in
subparagraph (C)(v) does not meet those objectives
in any particular year, the school shall be
considered to have made adequate yearly progress
if the percentage of students in that group who
did not meet or exceed the proficient level of
academic achievement on the State assessments
under paragraph (3) for that year decreased by 10
percent of that percentage from the preceding
school year and that group made progress on one or
more of the academic indicators described in
subparagraph (C)(vi) or (vii); and
``(ii) not less than 95 percent of each group
of students described in subparagraph (C)(v) who
are enrolled in the school are required to take
the assessments, consistent with paragraph
(3)(C)(xi) and with
[[Page 115 STAT. 1449]]
accommodations, guidelines, and alternative
assessments provided in the same manner as those
provided under section 612(a)(17)(A) of the
Individuals with Disabilities Education Act and
paragraph (3), on which adequate yearly progress
is based (except that the 95 percent requirement
described in this clause shall not apply in a case
in which the number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual
student).
``(J) Uniform averaging procedure.--For the purpose
of determining whether schools are making adequate
yearly progress, the State may establish a uniform
procedure for averaging data which includes one or more
of the following:
``(i) The State may average data from the
school year for which the determination is made
with data from one or two school years immediately
preceding that school year.
``(ii) Until the assessments described in
paragraph (3) are administered in such manner and
time to allow for the implementation of the
uniform procedure for averaging data described in
clause (i), the State may use the academic
assessments that were required under paragraph (3)
as that paragraph was in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001, provided that nothing in
this clause shall be construed to undermine or
delay the determination of adequate yearly
progress, the requirements of section 1116, or the
implementation of assessments under this section.
``(iii) The State may use data across grades
in a school.
``(K) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(3) Academic assessments.--
``(A) In general.--Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of
high-quality, yearly student academic assessments that
include, at a minimum, academic assessments in
mathematics, reading or language arts, and science that
will be used as the primary means of determining the
yearly performance of the State and of each local
educational agency and school in the State in enabling
all children to meet the State's challenging student
academic achievement standards, except that no State
shall be required to meet the requirements of this part
relating to science assessments until the beginning of
the 2007-2008 school year.
``(B) Use of assessments.--Each State educational
agency may incorporate the data from the assessments
under this paragraph into a State-developed longitudinal
data system that links student test scores, length of
enrollment, and graduation records over time.
``(C) Requirements.--Such assessments shall--
[[Page 115 STAT. 1450]]
``(i) be the same academic assessments used to
measure the achievement of all children;
``(ii) be aligned with the State's challenging
academic content and student academic achievement
standards, and provide coherent information about
student attainment of such standards;
``(iii) be used for purposes for which such
assessments are valid and reliable, and be
consistent with relevant, nationally recognized
professional and technical standards;
``(iv) be used only if the State educational
agency provides to the Secretary evidence from the
test publisher or other relevant sources that the
assessments used are of adequate technical quality
for each purpose required under this Act and are
consistent with the requirements of this section,
and such evidence is made public by the Secretary
upon request;
``(v)(I) except as otherwise provided for
grades 3 through 8 under clause vii, measure the
proficiency of students in, at a minimum,
mathematics and reading or language arts, and be
administered not less than once during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12;
``(II) beginning not later than school year
2007-2008, measure the proficiency of all students
in science and be administered not less than one
time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12;
``(vi) involve multiple up-to-date measures of
student academic achievement, including measures
that assess higher-order thinking skills and
understanding;
``(vii) <<NOTE: Deadline.>> beginning not
later than school year 2005-2006, measure the
achievement of students against the challenging
State academic content and student academic
achievement standards in each of grades 3 through
8 in, at a minimum, mathematics, and reading or
language arts, except that the Secretary may
provide the State 1 additional year if the State
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the State, prevented full
implementation of the academic assessments by that
deadline and that the State will complete
implementation within the additional 1-year
period;
``(viii) at the discretion of the State,
measure the proficiency of students in academic
subjects not described in clauses (v), (vi), (vii)
in which the State has adopted challenging
academic content and academic achievement
standards;
``(ix) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations
and accommodations for students with
disabilities (as defined
[[Page 115 STAT. 1451]]
under section 602(3) of the Individuals
with Disabilities Education Act)
necessary to measure the academic
achievement of such students relative to
State academic content and State student
academic achievement standards; and
``(III) the inclusion of limited
English proficient students, who shall
be assessed in a valid and reliable
manner and provided reasonable
accommodations on assessments
administered to such students under this
paragraph, including, to the extent
practicable, assessments in the language
and form most likely to yield accurate
data on what such students know and can
do in academic content areas, until such
students have achieved English language
proficiency as determined under
paragraph (7);
``(x) notwithstanding subclause (III), the
academic 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 that if the
local educational agency determines, on a case-by-
case individual basis, that academic assessments
in another language or form would likely yield
more accurate and reliable information on what
such student knows and can do, the local
educational agency may make a determination to
assess such student in the appropriate language
other than English for a period that does not
exceed two additional consecutive years, provided
that such student has not yet reached a level of
English language proficiency sufficient to yield
valid and reliable information on what such
student knows and can do on tests (written in
English) of reading or language arts;
``(xi) 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 1 school in the local educational agency in
any academic year shall be used only in
determining the progress of the local educational
agency;
``(xii) produce individual student
interpretive, descriptive, and diagnostic reports,
consistent with clause (iii) that allow parents,
teachers, and principals to understand and address
the specific academic needs of students, and
include information regarding achievement on
academic assessments aligned with State academic
achievement standards, and that are provided to
parents, teachers, and principals, as soon as is
practicably possible after the assessment is
given, in an understandable and uniform format,
and to the extent practicable, in a language that
parents can understand;
``(xiii) enable results to be disaggregated
within each State, local educational agency, and
school by gender, by each major racial and ethnic
group, by
[[Page 115 STAT. 1452]]
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, except that,
in the case of a local educational agency or a
school, 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
personally identifiable information about an
individual student;
``(xiv) be consistent with widely accepted
professional testing standards, objectively
measure academic achievement, knowledge, and
skills, and be tests that do not evaluate or
assess personal or family beliefs and attitudes,
or publicly disclose personally identifiable
information; and
``(xv) enable itemized score analyses to be
produced and reported, consistent with clause
(iii), to local educational agencies and schools,
so that parents, teachers, principals, and
administrators can interpret and address the
specific academic needs of students as indicated
by the students' achievement on assessment items.
``(D) Deferral.--A State may defer the commencement,
or suspend the administration, but not cease the
development, of the assessments described in this
paragraph, that were not required prior to the date of
enactment of the No Child Left Behind Act of 2001, for 1
year for each year for which the amount appropriated for
grants under section 6113(a)(2) is less than--
``(i) $370,000,000 for fiscal year 2002;
``(ii) $380,000,000 for fiscal year 2003;
``(iii) $390,000,000 for fiscal year 2004; and
``(iv) $400,000,000 for fiscal years 2005
through 2007.
``(4) Special rule.--Academic assessment measures in
addition to those in paragraph (3) that do not meet the
requirements of such paragraph may be included in the assessment
under paragraph (3) as additional measures, but may not be used
in lieu of the academic assessments required under paragraph
(3). Such additional assessment measures may not be used to
reduce the number of or change, the schools that would otherwise
be subject to school improvement, corrective action, or
restructuring under section 1116 if such additional indicators
were not used, but may be used to identify additional schools
for school improvement or in need of corrective action or
restructuring except as provided in paragraph (2)(I)(i).
``(5) State authority.--If a State educational agency
provides evidence, which is satisfactory to the Secretary, that
neither the State educational agency nor any other State
government official, agency, or entity has sufficient authority,
under State law, to adopt curriculum content and student
academic achievement standards, and academic assessments aligned
with such academic standards, which will be applicable to all
students enrolled in the State's public elementary schools
[[Page 115 STAT. 1453]]
and secondary schools, then the State educational agency may
meet the requirements of this subsection by--
``(A) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, and limiting their
applicability to students served under this part; or
``(B) adopting and implementing policies that ensure
that each local educational agency in the State that
receives grants under this part will adopt curriculum
content and student academic achievement standards, and
academic assessments aligned with such standards,
which--
``(i) meet all of the criteria in this
subsection and any regulations regarding such
standards and assessments that the Secretary may
publish; and
``(ii) are applicable to all students served
by each such local educational agency.
``(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 academic 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 academic assessment measures are
needed. Upon request, the Secretary shall assist with the
identification of appropriate academic assessment measures in
the needed languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(7) Academic assessments of english language
proficiency. <<NOTE: Deadline.>> --Each State plan shall
demonstrate that local educational agencies in the State will,
beginning not later than school year 2002-2003, provide for an
annual assessment of English proficiency (measuring students'
oral language, reading, and writing skills in English) of all
students with limited English proficiency in the schools served
by the State educational agency, except that the Secretary may
provide the State 1 additional year if the State demonstrates
that exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen decline in the
financial resources of the State, prevented full implementation
of this paragraph by that deadline and that the State will
complete implementation within the additional 1-year period.
``(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(b),
and 1115(c) that is applicable to such agency or school;
``(B) how the State educational agency will assist
each local educational agency and school affected by the
State plan to provide additional educational assistance
to individual students assessed as needing help to
achieve the State's challenging academic achievement
standards;
``(C) the specific steps the State educational
agency will take to ensure that both schoolwide programs
and targeted assistance schools provide instruction by
highly qualified instructional staff as required by
sections 1114(b)(1)(C) and 1115(c)(1)(E), including
steps that the
[[Page 115 STAT. 1454]]
State educational agency will take to ensure that poor
and minority children are not taught at higher rates
than other children by inexperienced, unqualified, or
out-of-field teachers, and the measures that the State
educational agency will use to evaluate and publicly
report the progress of the State educational agency with
respect to such steps;
``(D) an assurance that the State educational agency
will assist local educational agencies in developing or
identifying high-quality effective curricula aligned
with State academic achievement standards and how the
State educational agency will disseminate such curricula
to each local educational agency and school within the
State; and
``(E) such other factors the State educational
agency determines appropriate to provide students an
opportunity to achieve the knowledge and skills
described in the challenging academic content standards
adopted by the State.
``(9) Factors affecting student achievement.--Each State
plan shall include an assurance that the State educational
agency will coordinate and collaborate, to the extent feasible
and necessary as determined by the State educational agency,
with agencies providing services to children, youth, and
families, with respect to local educational agencies within the
State that are identified under section 1116 and that request
assistance with addressing major factors that have significantly
affected the academic achievement of students in the local
educational agency or schools served by such agency.
``(10) Use of academic assessment results to improve student
academic achievement.--Each State plan shall describe how the
State educational agency will ensure that the results of the
State assessments described in paragraph (3)--
``(A) will be promptly provided to local educational
agencies, schools, and teachers in a manner that is
clear and easy to understand, but not later than before
the beginning of the next school year; and
``(B) be used by those local educational agencies,
schools, and teachers to improve the educational
achievement of individual students.
``(c) Other Provisions To Support Teaching and Learning.--Each State
plan shall contain assurances that--
``(1) <<NOTE: Deadline.>> the State educational agency will
meet the requirements of subsection (h)(1) and, beginning with
the 2002-2003 school year, will produce the annual State report
cards described in such subsection, except that the Secretary
may provide the State educational agency 1 additional year if
the State educational agency demonstrates that exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial resources of
the State, prevented full implementation of this paragraph by
that deadline and that the State will complete implementation
within the additional 1-year period;
``(2) <<NOTE: Deadline.>> the State will, beginning in
school year 2002-2003, participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 411(b)(2) of the National Education Statistics Act
of 1994 if the Secretary pays the costs of administering such
assessments;
[[Page 115 STAT. 1455]]
``(3) the State educational agency, in consultation with the
Governor, will include, as a component of the State plan, a plan
to carry out the responsibilities of the State under sections
1116 and 1117, including carrying out the State educational
agency's statewide system of technical assistance and support
for local educational agencies;
``(4) 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, including technical
assistance in providing professional development under section
1119, technical assistance under section 1117, and technical
assistance relating to parental involvement under section 1118;
``(5)(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;
``(6) <<NOTE: Notification.>> the State educational agency
will notify local educational agencies and the public of the
content and student academic achievement standards and academic
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;
``(7) 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;
``(8) 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 achievement;
``(9) 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;
``(10) 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;
``(11) the State educational agency has involved the
committee of practitioners established under section 1903(b) in
developing the plan and monitoring its implementation;
``(12) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under title VI, to obtain
waivers under part D of title IX, and, if the State is an Ed-
Flex Partnership State, to obtain waivers under the Education
Flexibility Partnership Act of 1999;
``(13) the State educational agency will coordinate
activities funded under this part with other Federal activities
as appropriate; and
[[Page 115 STAT. 1456]]
``(14) the State educational agency will encourage local
educational agencies and individual schools participating in a
program assisted under this part to offer family literacy
services (using funds under this part), if the agency or school
determines that a substantial number of students served under
this part by the agency or school have parents who do not have a
secondary school diploma or its recognized equivalent or who
have low levels of literacy.
``(d) Parental Involvement.--Each State plan shall describe how the
State educational agency will support the collection and dissemination
to local educational agencies and schools of effective parental
involvement practices. Such practices shall--
``(1) be based on the most current research that meets the
highest professional and technical standards, on effective
parental involvement that fosters achievement to high standards
for all children; and
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement experienced.
``(e) Peer Review and Secretarial Approval.--
``(1) Secretarial duties.--The Secretary shall--
``(A) <<NOTE: Establishment.>> establish a peer-
review process to assist in the review of State plans;
``(B) appoint individuals to the peer-review process
who are representative of parents, teachers, State
educational agencies, and local educational agencies,
and who are familiar with educational standards,
assessments, accountability, the needs of low-performing
schools, and other educational needs of students;
``(C) <<NOTE: Deadline.>> approve a State plan
within 120 days of its submission unless the Secretary
determines that the plan does not meet the requirements
of this section;
``(D) 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;
``(E) 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 of
subsections (a), (b), and (c); and
``(iii) providing a hearing; and
``(F) 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 academic content standards or to use
specific academic assessment instruments or items.
``(2) State revisions.--A State plan shall be revised by the
State educational agency if it is necessary to satisfy the
requirements of this section.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the
State's participation under this part; and
[[Page 115 STAT. 1457]]
``(B) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under
this part.
``(2) Additional information.--If significant changes are
made to a State's plan, such as the adoption of new State
academic content standards and State student achievement
standards, new academic assessments, or a new definition of
adequate yearly progress, such information shall be submitted to
the Secretary.
``(g) Penalties.--
``(1) Failure to meet deadlines enacted in 1994.--
``(A) In general.--If a State fails to meet the
deadlines established by the Improving America's Schools
Act of 1994 (or under any waiver granted by the
Secretary or under any compliance agreement with the
Secretary) for demonstrating that the State has in place
challenging academic content standards and student
achievement standards, and a system for measuring and
monitoring adequate yearly progress, the Secretary shall
withhold 25 percent of the funds that would otherwise be
available to the State for State administration and
activities under this part in each year until the
Secretary determines that the State meets those
requirements.
``(B) No extension.--Notwithstanding any other
provision of law, 90 days after the date of enactment of
the No Child Left Behind Act of 2001 the Secretary shall
not grant any additional waivers of, or enter into any
additional compliance agreements to extend, the
deadlines described in subparagraph (A) for any State.
``(2) Failure to meet requirements enacted in 2001.--If a
State fails to meet any of the requirements of this section,
other than the requirements described in paragraph (1), then the
Secretary may withhold funds for State administration under this
part until the Secretary determines that the State has fulfilled
those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than the beginning of the 2002-2003 school year, unless
the State has received a 1-year extension pursuant to
subsection (c)(1), a State that receives assistance
under this part shall prepare and disseminate an annual
State report card.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format and, to the extent practicable,
provided in a language that the parents can
understand.
``(C) Required information.--The State shall include
in its annual State report card--
``(i) information, in the aggregate, on
student achievement at each proficiency level on
the State academic assessments described in
subsection (b)(3) (disaggregated by race,
ethnicity, gender, disability status, migrant
status, English proficiency, and status as
economically disadvantaged, except that such
disaggregation shall not be required in a case in
which
[[Page 115 STAT. 1458]]
the number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual
student);
``(ii) information that provides a comparison
between the actual achievement levels of each
group of students described in subsection
(b)(2)(C)(v) and the State's annual measurable
objectives for each such group of students on each
of the academic assessments required under this
part;
``(iii) the percentage of students not tested
(disaggregated by the same categories and subject
to the same exception described in clause (i));
``(iv) the most recent 2-year trend in student
achievement in each subject area, and for each
grade level, for which assessments under this
section are required;
``(v) aggregate information on any other
indicators used by the State to determine the
adequate yearly progress of students in achieving
State academic achievement standards;
``(vi) graduation rates for secondary school
students consistent with subsection (b)(2)(C)(vi);
``(vii) information on the performance of
local educational agencies in the State regarding
making adequate yearly progress, including the
number and names of each school identified for
school improvement under section 1116; and
``(viii) the professional qualifications of
teachers in the State, the percentage of such
teachers teaching with emergency or provisional
credentials, and the percentage of classes in the
State not taught by highly qualified teachers, in
the aggregate and disaggregated by high-poverty
compared to low-poverty schools which, for the
purpose of this clause, means schools in the top
quartile of poverty and the bottom quartile of
poverty in the State.
``(D) Optional information.--The State may include
in its annual State report card such other information
as the State believes will best provide parents,
students, and other members of the public with
information regarding the progress of each of the
State's public elementary schools and public secondary
schools. Such information may include information
regarding--
``(i) school attendance rates;
``(ii) average class size in each grade;
``(iii) academic achievement and gains in
English proficiency of limited English proficient
students;
``(iv) the incidence of school violence, drug
abuse, alcohol abuse, student suspensions, and
student expulsions;
``(v) the extent and type of parental
involvement in the schools;
``(vi) the percentage of students completing
advanced placement courses, and the rate of
passing of advanced placement tests; and
[[Page 115 STAT. 1459]]
``(vii) a clear and concise description of the
State's accountability system, including a
description of the criteria by which the State
evaluates school performance, and the criteria
that the State has established, consistent with
subsection (b)(2), to determine the status of
schools regarding school improvement, corrective
action, and restructuring.
``(2) Annual local educational agency report cards.--
``(A) Report cards.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than the beginning of the 2002-2003 school
year, a local educational agency that receives
assistance under this part shall prepare and
disseminate an annual local educational agency
report card, except that the State educational
agency may provide the local educational agency 1
additional year if the local educational agency
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the local educational
agency, prevented full implementation of this
paragraph by that deadline and that the local
educational agency will complete implementation
within the additional 1-year period.
``(ii) Special rule.--If a State educational
agency has received an extension pursuant to
subsection (c)(1), then a local educational agency
within that State shall not be required to include
the information required under paragraph (1)(C) in
such report card during such extension.
``(B) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency--
``(I) the number and percentage of
schools identified for school
improvement under section 1116(c) and
how long the schools have been so
identified; and
``(II) information that shows how
students served by the local educational
agency achieved on the statewide
academic assessment compared to students
in the State as a whole; and
``(ii) in the case of a school--
``(I) whether the school has been
identified for school improvement; and
``(II) information that shows how
the school's students achievement on the
statewide academic assessments and other
indicators of adequate yearly progress
compared to students in the local
educational agency and the State as a
whole.
``(C) Other information.--A local educational agency
may include in its annual local educational agency
report card any other appropriate information, whether
or not
[[Page 115 STAT. 1460]]
such information is included in the annual State report
card.
``(D) Data.--A local educational agency or school
shall only include in its annual local educational
agency report card data that are sufficient to yield
statistically reliable information, as determined by the
State, and that do not reveal personally identifiable
information about an individual student.
``(E) <<NOTE: Deadline.>> Public dissemination.--
The local educational agency shall, not later than the
beginning of the 2002-2003 school year, unless the local
educational agency has received a 1-year extension
pursuant to subparagraph (A), publicly disseminate the
information described in this paragraph to all schools
in the school district served by the local educational
agency and to all parents of students attending those
schools in an understandable and uniform format and, to
the extent practicable, provided in a language that the
parents can understand, and make the information widely
available through public means, such as posting on the
Internet, distribution to the media, and distribution
through public agencies, 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.
``(3) Preexisting report cards.--A State educational agency
or local educational agency that was providing public report
cards on the performance of students, schools, local educational
agencies, or the State prior to the enactment of the No Child
Left Behind Act of 2001 may use those report cards for the
purpose of this subsection, so long as any such report card is
modified, as may be needed, to contain the information required
by this subsection.
``(4) <<NOTE: Deadlines.>> Annual state report to the
secretary.--Each State educational agency receiving assistance
under this part shall report annually to the Secretary, and make
widely available within the State--
``(A) beginning with school year 2002-2003,
information on the State's progress in developing and
implementing the academic assessments described in
subsection (b)(3);
``(B) beginning not later than school year 2002-
2003, information on the achievement of students on the
academic assessments required by subsection (b)(3),
including the disaggregated results for the categories
of students identified in subsection (b)(2)(C)(v);
``(C) in any year before the State begins to provide
the information described in subparagraph (B),
information on the results of student academic
assessments (including disaggregated results) required
under this section;
``(D) beginning not later than school year 2002-
2003, unless the State has received an extension
pursuant to subsection (c)(1), information on the
acquisition of English proficiency by children with
limited English proficiency;
``(E) the number and names of each school identified
for school improvement under section 1116(c), the reason
why each school was so identified, and the measures
taken to address the achievement problems of such
schools;
[[Page 115 STAT. 1461]]
``(F) the number of students and schools that
participated in public school choice and supplemental
service programs and activities under this title; and
``(G) beginning not later than the 2002-2003 school
year, information on the quality of teachers and the
percentage of classes being taught by highly qualified
teachers in the State, local educational agency, and
school.
``(5) Report to congress.--The Secretary shall transmit
annually to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that provides
national and State-level data on the information collected under
paragraph (4).
``(6) Parents right-to-know.--
``(A) <<NOTE: Notification.>> Qualifications.--At
the beginning of each school year, a local educational
agency that receives funds under this part shall notify
the parents of each student attending any school
receiving funds under this part that the parents may
request, and the agency will provide the parents on
request (and in a timely manner), 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.
``(ii) Whether the teacher is teaching under
emergency or 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, if so, their
qualifications.
``(B) Additional information.--In addition to the
information that parents may request under subparagraph
(A), a school that receives funds under this part shall
provide to each individual parent--
``(i) information on the level of achievement
of the parent's child in each of the State
academic assessments as required under this part;
and
``(ii) timely notice that the parent's child
has been assigned, or has been taught for four or
more consecutive weeks by, a teacher who is not
highly qualified.
``(C) Format.--The notice and information provided
to parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals.
``(j) Technical Assistance.--The Secretary shall provide a State
educational agency, at the State educational agency's request, technical
assistance in meeting the requirements of this section, including the
provision of advice by experts in the development
[[Page 115 STAT. 1462]]
of high-quality academic assessments, the setting of State standards,
the development of measures of adequate yearly progress that are valid
and reliable, and other relevant areas.
``(k) Voluntary Partnerships.--A State may enter into a voluntary
partnership with another State to develop and implement the academic
assessments and standards required under this section.
``(l) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part for
student promotion or graduation purposes.
``(m) <<NOTE: Applicability.>> Special Rule With Respect to Bureau-
Funded Schools.--In determining the assessments to be used by each
operated or funded by BIA school receiving funds under this part, the
following shall apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by the
Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment,
in consultation with and with the approval of, the Secretary of
the Interior and consistent with assessments adopted by other
schools in the same State or region, that meets the requirements
of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment developed by such agency or division, except that the
Secretary of the Interior shall ensure that such assessment
meets the requirements of this section.
