SEC. 1006
LOCAL EDUCATIONAL AGENCY PLANS
Section Summary
Section 1006 outlines all of the conditions for any local educational agency desiring to receive a subgrant. Section 1006 appears as the header for Section 1112 which contains all of the details pertaining to local educational agency plans in the Act.
In general, a local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency. The following requirements must be part of the local educational agency's plan:
Developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders, administrators , other appropriate school personnel, and with parents of children in schools served under this part
Coordinated with other programs under the Act
Each local educational agency plan will need to be filed according to a schedule established by the State educational agency. The State educational agency will approve a local educational agency's plan only if the State educational agency determines that the local educational agency's plan will substantially help children served under this part meet the challenging State academic standards. The local educational plan must also meet all of the other requirements in this section.
Each local educational agency plan will need to be submitted for the first year this part is in effect following the date of enactment of the Every Student Succeeds Act and shall remain in effect for the duration of the agency's participation under this part. Each local educational agency shall
periodically review and, as necessary, revise its plan.
ESSA Update
SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended to read as follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such agency
has on file with the State educational agency a plan, approved
by the State educational agency, that--
[[Page 129 STAT. 1853]]
``(A) is developed with timely and meaningful
consultation with teachers, principals, other school
leaders, paraprofessionals, specialized instructional
support personnel, charter school leaders (in a local
educational agency that has charter schools),
administrators (including administrators of programs
described in other parts of this title), other
appropriate school personnel, and with parents of
children in schools served under this part; and
``(B) as appropriate, 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 McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.), the
Adult Education and Family Literacy Act (29 U.S.C. 3271
et seq.), and other Acts as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 8305.
``(3) State approval.--
``(A) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
``(B) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
``(i) provides that schools served under this
part substantially help children served under this
part meet the challenging State academic
standards; and
``(ii) meets the requirements of this section.
``(4) Duration.--Each local educational agency plan shall be
submitted for the first year for which this part is in effect
following the date of enactment of the Every Student Succeeds
Act and shall remain in effect for the duration of the agency's
participation under this part.
``(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(6) Rule of construction.--Consultation required under
paragraph (1)(A) shall not interfere with the timely submission
of the plan required under this section.
``(b) Plan Provisions.--To ensure that all children receive a high-
quality education, and to close the achievement gap between children
meeting the challenging State academic standards and those children who
are not meeting such standards, each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor
students' progress in meeting the challenging State academic
standards by--
``(A) developing and implementing a well-rounded
program of instruction to meet the academic needs of all
students;
``(B) identifying students who may be at risk for
academic failure;
[[Page 129 STAT. 1854]]
``(C) providing additional educational assistance to
individual students the local educational agency or
school determines need help in meeting the challenging
State academic standards; and
``(D) identifying and implementing instructional and
other strategies intended to strengthen academic
programs and improve school conditions for student
learning;
``(2) how the local educational agency will identify and
address, as required under State plans as described in section
1111(g)(1)(B), any disparities that result in low-income
students and minority students being taught at higher rates than
other students by ineffective, inexperienced, or out-of-field
teachers;
``(3) how the local educational agency will carry out its
responsibilities under paragraphs (1) and (2) of section
1111(d);
``(4) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(5) in general, the nature of the programs to be conducted
by such agency's schools under sections 1114 and 1115 and, where
appropriate, educational services outside such schools for
children living in local institutions for neglected or
delinquent children, and for neglected and delinquent children
in community day school programs;
``(6) the services the local educational agency will provide
homeless children and youths, including services provided with
funds reserved under section 1113(c)(3)(A), to support the
enrollment, attendance, and success of homeless children and
youths, in coordination with the services the local educational
agency is providing under the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.);
``(7) the strategy the local educational agency will use to
implement effective parent and family engagement under section
1116;
``(8) if applicable, how the local educational agency will
support, coordinate, and integrate services provided under this
part with early childhood education programs at the local
educational agency or individual school level, including plans
for the transition of participants in such programs to local
elementary school programs;
``(9) how teachers and school leaders, in consultation with
parents, administrators, paraprofessionals, and specialized
instructional support personnel, in schools operating a targeted
assistance school program under section 1115, will identify the
eligible children most in need of services under this part;
``(10) how the local educational agency will implement
strategies to facilitate effective transitions for students from
middle grades to high school and from high school to
postsecondary education including, if applicable--
``(A) through coordination with institutions of
higher education, employers, and other local partners;
and
``(B) through increased student access to early
college high school or dual or concurrent enrollment
opportunities, or career counseling to identify student
interests and skills;
``(11) how the local educational agency will support efforts
to reduce the overuse of discipline practices that remove
students from the classroom, which may include identifying and
supporting schools with high rates of discipline, disaggregated
[[Page 129 STAT. 1855]]
by each of the subgroups of students, as defined in section
1111(c)(2);
``(12) if determined appropriate by the local educational
agency, how such agency will support programs that coordinate
and integrate--
``(A) academic and career and technical education
content through coordinated instructional strategies,
that may incorporate experiential learning opportunities
and promote skills attainment important to in-demand
occupations or industries in the State; and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry
professionals and, if appropriate, academic credit; and
``(13) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part,
and that the local educational agency determines appropriate to
provide, which may include how the local educational agency
will--
``(A) assist schools in identifying and serving
gifted and talented students; and
``(B) assist schools in developing effective school
library programs to provide students an opportunity to
develop digital literacy skills and improve academic
achievement.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) ensure that migratory children and formerly migratory
children who are eligible to receive services under this part
are selected to receive such services on the same basis as other
children who are selected to receive services under this part;
``(2) provide services to eligible children attending
private elementary schools and secondary schools in accordance
with section 1117, and timely and meaningful consultation with
private school officials regarding such services;
``(3) participate, if selected, in the National Assessment
of Educational Progress in reading and mathematics in grades 4
and 8 carried out under section 303(b)(3) of the National
Assessment of Educational Progress Authorization Act (20 U.S.C.
9622(b)(3));
``(4) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as services for English
learners, children with disabilities, migratory children,
American Indian, Alaska Native, and Native Hawaiian children,
and homeless children and youths, in order to increase program
effectiveness, eliminate duplication, and reduce fragmentation
of the instructional program;
``(5) collaborate with the State or local child welfare
agency to--
``(A) designate a point of contact if the
corresponding child welfare agency notifies the local
educational agency, in writing, that the agency has
designated an employee to serve as a point of contact
for the local educational agency; and
[[Page 129 STAT. 1856]]
``(B) by not later than 1 year after the date of
enactment of the Every Student Succeeds Act, develop and
implement clear written procedures governing how
transportation to maintain children in foster care in
their school of origin when in their best interest will
be provided, arranged, and funded for the duration of
the time in foster care, which procedures shall--
``(i) ensure that children in foster care
needing transportation to the school of origin
will promptly receive transportation in a cost-
effective manner and in accordance with section
475(4)(A) of the Social Security Act (42 U.S.C.
675(4)(A)); and
``(ii) ensure that, if there are additional
costs incurred in providing transportation to
maintain children in foster care in their schools
of origin, the local educational agency will
provide transportation to the school of origin
if--
``(I) the local child welfare agency
agrees to reimburse the local
educational agency for the cost of such
transportation;
``(II) the local educational agency
agrees to pay for the cost of such
transportation; or
``(III) the local educational agency
and the local child welfare agency agree
to share the cost of such
transportation; and
``(6) 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; and
``(7) in the case of a local educational agency that chooses
to use funds under this part to provide early childhood
education services to low-income children below the age of
compulsory school attendance, ensure that such services comply
with the performance standards established under section 641A(a)
of the Head Start Act (42 U.S.C. 9836a(a)).
``(d) Special Rule.--For local educational agencies using funds
under this part for the purposes described in subsection (c)(7), the
Secretary shall--
``(1) consult with the Secretary of Health and Human
Services and establish procedures (taking into consideration
existing State and local laws, and local teacher contracts) to
assist local educational agencies to comply with such
subsection; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section 641A(a)
of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies
affected by such subsection (c)(7) shall plan to comply with
such subsection (taking into consideration existing State and
local laws, and local teacher contracts), including by pursuing
the availability of other Federal, State, and local funding
sources to assist with such compliance.
``(e) Parents Right-to-know.--
``(1) Information for parents.--
``(A) In general.--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
[[Page 129 STAT. 1857]]
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 student's teacher--
``(I) has met State qualification
and licensing criteria for the grade
levels and subject areas in which the
teacher provides instruction;
``(II) is teaching under emergency
or other provisional status through
which State qualification or licensing
criteria have been waived; and
``(III) is teaching in the field of
discipline of the certification of the
teacher.
``(ii) 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 of a child who is a
student in such school, with respect to such student--
``(i) information on the level of achievement
and academic growth of the student, if applicable
and available, on each of the State academic
assessments required under this part; and
``(ii) timely notice that the student has been
assigned, or has been taught for 4 or more
consecutive weeks by, a teacher who does not meet
applicable State certification or licensure
requirements at the grade level and subject area
in which the teacher has been assigned.
``(2) Testing transparency.--
``(A) In general.--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 local educational
agency will provide the parents on request (and in a
timely manner), information regarding any State or local
educational agency policy regarding student
participation in any assessments mandated by section
1111(b)(2) and by the State or local educational agency,
which shall include a policy, procedure, or parental
right to opt the child out of such assessment, where
applicable.
``(B) Additional information.--Subject to
subparagraph (C), each local educational agency that
receives funds under this part shall make widely
available through public means (including by posting in
a clear and easily accessible manner on the local
educational agency's website and, where practicable, on
the website of each school served by the local
educational agency) for each grade served by the local
educational agency, information on each assessment
required by the State to comply with section 1111, other
assessments required by the State, and where such
information is available and feasible to report,
assessments required districtwide by the local
educational agency, including--
``(i) the subject matter assessed;
[[Page 129 STAT. 1858]]
``(ii) the purpose for which the assessment is
designed and used;
``(iii) the source of the requirement for the
assessment; and
``(iv) where such information is available--
``(I) the amount of time students
will spend taking the assessment, and
the schedule for the assessment; and
``(II) the time and format for
disseminating results.
``(C) Local educational agency that does not operate
a website.--In the case of a local educational agency
that does not operate a website, such local educational
agency shall determine how to make the information
described in subparagraph (A) widely available, such as
through distribution of that information to the media,
through public agencies, or directly to parents.
``(3) Language instruction.--
``(A) Notice.--Each local educational agency using
funds under this part or title III to provide a language
instruction educational program as determined under
title III shall, not later than 30 days after the
beginning of the school year, inform parents of an
English learner identified for participation or
participating in such a program, of--
``(i) the reasons for the identification of
their child as an English learner and in need of
placement in a language instruction educational
program;
``(ii) the child's level of English
proficiency, how such level was assessed, and the
status of the child's academic achievement;
``(iii) the methods of instruction used in the
program in which their child is, or will be,
participating and the methods of instruction used
in other available programs, including how such
programs differ in content, instructional goals,
and the use of English and a native language in
instruction;
``(iv) how the program in which their child
is, or will be, participating will meet the
educational strengths and needs of their child;
``(v) how such program will specifically help
their child learn English and meet age-appropriate
academic achievement standards for grade promotion
and graduation;
``(vi) the specific exit requirements for the
program, including the expected rate of transition
from such program into classrooms that are not
tailored for English learners, and the expected
rate of graduation from high school (including
four-year adjusted cohort graduation rates and
extended-year adjusted cohort graduation rates for
such program) if funds under this part are used
for children in high schools;
``(vii) in the case of a child with a
disability, how such program meets the objectives
of the individualized education program of the
child, as described in section 614(d) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)); and
[[Page 129 STAT. 1859]]
``(viii) information pertaining to parental
rights that includes written guidance--
``(I) detailing the right that
parents have to have their child
immediately removed from such program
upon their request;
``(II) detailing the options that
parents have to decline to enroll their
child in such program or to choose
another program or method of
instruction, if available; and
``(III) assisting parents in
selecting among various programs and
methods of instruction, if more than 1
program or method is offered by the
eligible entity.
``(B) Special rule applicable during the school
year.--For those children who have not been identified
as English learners prior to the beginning of the school
year but are identified as English learners during such
school year, the local educational agency shall notify
the children's parents during the first 2 weeks of the
child being placed in a language instruction educational
program consistent with subparagraph (A).
``(C) Parental participation.--
``(i) In general.--Each local educational
agency receiving funds under this part shall
implement an effective means of outreach to
parents of English learners to inform the parents
regarding how the parents can--
``(I) be involved in the education
of their children; and
``(II) be active participants in
assisting their children to--
``(aa) attain English
proficiency;
``(bb) achieve at high
levels within a well-rounded
education; and
``(cc) meet the challenging
State academic standards
expected of all students.
``(ii) Regular meetings.--Implementing an
effective means of outreach to parents under
clause (i) shall include holding, and sending
notice of opportunities for, regular meetings for
the purpose of formulating and responding to
recommendations from parents of students assisted
under this part or title III.
``(D) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
``(4) Notice and format.--The notice and information
provided to parents under this subsection shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand.''.
NCLB Text
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. <<NOTE: 20 USC 6312.>>
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such agency
has on file with the State educational agency a plan, approved
by the State educational agency, 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 McKinney-Vento Homeless Assistance
Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 9305.
``(b) Plan Provisions.--
``(1) In general.--In order to help low-achieving children
meet challenging achievement academic standards, each local
educational agency plan shall include--
``(A) a description of high-quality student academic
assessments, if any, that are in addition to the
academic assessments described in the State plan under
section 1111(b)(3), that the local educational agency
and schools served under this part will use--
``(i) to determine the success of children
served under this part in meeting the State
student academic achievement standards, and to
provide information to teachers, parents, and
students on the progress being made toward meeting
the State student academic
[[Page 115 STAT. 1463]]
achievement standards described in section
1111(b)(1)(D)(ii);
``(ii) to assist in diagnosis, teaching, and
learning in the classroom in ways that best enable
low-achieving children served under this part to
meet State student achievement academic standards
and do well in the local curriculum;
``(iii) to determine what revisions are needed
to projects under this part so that such children
meet the State student academic achievement
standards; and
``(iv) to identify effectively students who
may be at risk for reading failure or who are
having difficulty reading, through the use of
screening, diagnostic, and classroom-based
instructional reading assessments, as defined
under section 1208;
``(B) at the local educational agency's discretion,
a description of any other indicators that will be used
in addition to the academic indicators described in
section 1111 for the uses described in such section;
``(C) a description of how the local educational
agency will provide additional educational assistance to
individual students assessed as needing help in meeting
the State's challenging student academic achievement
standards;
``(D) a description of the strategy the local
educational agency will use to coordinate programs under
this part with programs under title II to provide
professional development for teachers and principals,
and, if appropriate, pupil services personnel,
administrators, parents and other staff, including local
educational agency level staff in accordance with
sections 1118 and 1119;
``(E) a description of how the local educational
agency will coordinate and integrate services provided
under this part with other educational services at the
local educational agency or individual school level,
such as--
``(i) Even Start, Head Start, Reading First,
Early Reading First, and other preschool programs,
including plans for the transition of participants
in such programs to local elementary school
programs; and
``(ii) services for children with limited
English proficiency, children with disabilities,
migratory children, neglected or delinquent youth,
Indian children served under part A of title VII,
homeless children, and immigrant children in order
to increase program effectiveness, eliminate
duplication, and reduce fragmentation of the
instructional program;
``(F) an assurance that the local educational agency
will participate, if selected, in the State National
Assessment of Educational Progress in 4th and 8th grade
reading and mathematics carried out under section
411(b)(2) of the National Education Statistics Act of
1994;
``(G) a description of the poverty criteria that
will be used to select school attendance areas under
section 1113;
``(H) a description of how teachers, in consultation
with parents, administrators, and pupil services
personnel, in targeted assistance schools under section
1115, will identify
[[Page 115 STAT. 1464]]
the eligible children most in need of services under
this part;
``(I) a general description of the nature of the
programs to be conducted by such agency's schools under
sections 1114 and 1115 and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected or delinquent
children, and for neglected and delinquent children in
community day school programs;
``(J) a description of how the local educational
agency will ensure that migratory children and formerly
migratory children who are eligible to receive services
under this part are selected to receive such services on
the same basis as other children who are selected to
receive services under this part;
``(K) if appropriate, a description of how the local
educational agency will use funds under this part to
support preschool programs for children, particularly
children participating in Early Reading First, or in a
Head Start or Even Start program, which services may be
provided directly by the local educational agency or
through a subcontract with the local Head Start agency
designated by the Secretary of Health and Human Services
under section 641 of the Head Start Act, or an agency
operating an Even Start program, an Early Reading First
program, or another comparable public early childhood
development program;
``(L) a description of the actions the local
educational agency will take to assist its low-achieving
schools identified under section 1116 as in need of
improvement;
``(M) a description of the actions the local
educational agency will take to implement public school
choice and supplemental services, consistent with the
requirements of section 1116;
``(N) a description of how the local educational
agency will meet the requirements of section 1119;
``(O) a description of the services the local
educational agency will provide homeless children,
including services provided with funds reserved under
section 1113(c)(3)(A);
``(P) a description of the strategy the local
educational agency will use to implement effective
parental involvement under section 1118; and
``(Q) where appropriate, a description of how the
local educational agency will use funds under this part
to support after school (including before school and
summer school) and school-year extension programs.
``(2) Exception.--The academic assessments and indicators
described in subparagraphs (A) and (B) of paragraph (1) shall
not be used--
``(A) in lieu of the academic assessments required
under section 1111(b)(3) and other State academic
indicators under section 1111(b)(2); or
``(B) to reduce the number of, or change which,
schools would otherwise be subject to school
improvement, corrective action, or restructuring under
section 1116, if such additional assessments or
indicators described in such subparagraphs were not
used, but such assessments and indicators may be used to
identify additional schools for
[[Page 115 STAT. 1465]]
school improvement or in need of corrective action or
restructuring.
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) inform eligible schools and parents of
schoolwide program authority and the ability of such
schools to consolidate funds from Federal, State, and
local sources;
``(B) provide technical assistance and support to
schoolwide programs;
``(C) work in consultation with schools as the
schools develop the schools' plans pursuant to section
1114 and assist schools as the schools implement such
plans or undertake activities pursuant to section 1115
so that each school can make adequate yearly progress
toward meeting the State student academic achievement
standards;
``(D) fulfill such agency's school improvement
responsibilities under section 1116, including taking
actions under paragraphs (7) and (8) of section 1116(b);
``(E) provide services to eligible children
attending private elementary schools and secondary
schools in accordance with section 1120, and timely and
meaningful consultation with private school officials
regarding such services;
``(F) take into account the experience of model
programs for the educationally disadvantaged, and the
findings of relevant scientifically based research
indicating that services may be most effective if
focused on students in the earliest grades at schools
that receive funds under this part;
``(G) in the case of a local educational agency that
chooses to use funds under this part to provide early
childhood development services to low-income children
below the age of compulsory school attendance, ensure
that such services comply with the performance standards
established under section 641A(a) of the Head Start Act;
``(H) work in consultation with schools as the
schools develop and implement their plans or activities
under sections 1118 and 1119;
``(I) comply with the requirements of section 1119
regarding the qualifications of teachers and
paraprofessionals and professional development;
``(J) inform eligible schools of the local
educational agency's authority to obtain waivers on the
school's behalf under title IX and, if the State is an
Ed-Flex Partnership State, to obtain waivers under the
Education Flexibility Partnership Act of 1999;
``(K) coordinate and collaborate, to the extent
feasible and necessary as determined by the local
educational agency, with the State educational agency
and other agencies providing services to children,
youth, and families with respect to a school in school
improvement, corrective action, or restructuring under
section 1116 if such a school requests assistance from
the local educational agency in addressing major factors
that have significantly affected student achievement at
the school;
[[Page 115 STAT. 1466]]
``(L) ensure, through incentives for voluntary
transfers, the provision of professional development,
recruitment programs, or other effective strategies,
that low-income students and minority students are not
taught at higher rates than other students by
unqualified, out-of-field, or inexperienced teachers;
``(M) use the results of the student academic
assessments required under section 1111(b)(3), and other
measures or indicators available to the agency, to
review annually the progress of each school served by
the agency and receiving funds under this part to
determine whether all of the schools are making the
progress necessary to ensure that all students will meet
the State's proficient level of achievement on the State
academic assessments described in section 1111(b)(3)
within 12 years from the end of the 2001-2002 school
year;
``(N) ensure that the results from the academic
assessments required under section 1111(b)(3) will be
provided to parents and teachers as soon as is
practicably possible after the test is taken, in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand; and
``(O) assist each school served by the agency and
assisted under this part in developing or identifying
examples of high-quality, effective curricula consistent
with section 1111(b)(8)(D).
``(2) Special rule.--In carrying out subparagraph (G) of
paragraph (1), the Secretary--
``(A) <<NOTE: Procedures.>> shall consult with the
Secretary of Health and Human Services and shall
establish procedures (taking into consideration existing
State and local laws, and local teacher contracts) to
assist local educational agencies to comply with such
subparagraph; and
``(B) shall disseminate to local educational
agencies the Head Start performance standards as in
effect under section 641A(a) of the Head Start Act, and
such agencies affected by such subparagraph shall plan
for the implementation of such subparagraph (taking into
consideration existing State and local laws, and local
teacher contracts), including pursuing the availability
of other Federal, State, and local funding sources to
assist in compliance with such subparagraph.
``(3) Inapplicability.--Paragraph (1)(G) of this subsection
shall not apply to preschool programs using the Even Start model
or to Even Start programs that are expanded through the use of
funds under this part.
``(d) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, principals,
administrators (including administrators of programs described
in other parts of this title), and other appropriate school
personnel, and with parents of children in schools served under
this part.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of enactment of the No Child Left Behind Act of 2001
[[Page 115 STAT. 1467]]
and shall remain in effect for the duration of the agency's
participation under this part.
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(e) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this part to
substantially help children served under this part meet
the academic standards expected of all children
described in section 1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review the
local educational agency's plan to determine if such agencies
activities are in accordance with sections 1118 and 1119.
``(f) Program Responsibility.--The local educational agency plan
shall reflect the shared responsibility of schools, teachers, and the
local educational agency in making decisions regarding activities under
sections 1114 and 1115.
``(g) Parental Notification.--
``(1) In general.--
``(A) <<NOTE: Deadline.>> Notice.--Each local
educational agency using funds under this part to
provide a language instruction educational program as
determined in part C of title III shall, not later than
30 days after the beginning of the school year, inform a
parent or parents of a limited English proficient child
identified for participation or participating in, such a
program of--
``(i) the reasons for the identification of
their child as limited English proficient and in
need of placement in a language instruction
educational program;
``(ii) the child's level of English
proficiency, how such level was assessed, and the
status of the child's academic achievement;
``(iii) the methods of instruction used in the
program in which their child is, or will be
participating, and the methods of instruction used
in other available programs, including how such
programs differ in content, instructional goals,
and the use of English and a native language in
instruction;
``(iv) how the program in which their child
is, or will be participating, will meet the
educational strengths and needs of their child;
``(v) how such program will specifically help
their child learn English, and meet age-
appropriate academic achievement standards for
grade promotion and graduation;
``(vi) the specific exit requirements for the
program, including the expected rate of transition
from such program into classrooms that are not
tailored for limited English proficient children,
and the expected rate of graduation from secondary
school for such program
[[Page 115 STAT. 1468]]
if funds under this part are used for children in
secondary schools;
``(vii) in the case of a child with a
disability, how such program meets the objectives
of the individualized education program of the
child;
``(viii) information pertaining to parental
rights that includes written guidance--
``(I) detailing--
``(aa) the right that
parents have to have their child
immediately removed from such
program upon their request; and
``(bb) the options that
parents have to decline to
enroll their child in such
program or to choose another
program or method of
instruction, if available; and
``(II) assisting parents in
selecting among various programs and
methods of instruction, if more than one
program or method is offered by the
eligible entity.
``(B) <<NOTE: Deadline.>> Separate notification.--
In addition to providing the information required to be
provided under paragraph (1), each eligible entity that
is using funds provided under this part to provide a
language instruction educational program, and that has
failed to make progress on the annual measurable
achievement objectives described in section 3122 for any
fiscal year for which part A is in effect, shall
separately inform a parent or the parents of a child
identified for participation in such program, or
participating in such program, of such failure not later
than 30 days after such failure occurs.
``(2) Notice.--The notice and information provided in
paragraph (1) to a parent or parents of a child identified for
participation in a language instruction educational program for
limited English proficient children shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand.
``(3) <<NOTE: Deadline.>> Special rule applicable during
the school year.--For those children who have not been
identified as limited English proficient prior to the beginning
of the school year the local educational agency shall notify
parents within the first 2 weeks of the child being placed in a
language instruction educational program consistent with
paragraphs (1) and (2).
``(4) Parental participation.--Each local educational agency
receiving funds under this part shall implement an effective
means of outreach to parents of limited English proficient
students to inform the parents regarding how the parents can be
involved in the education of their children, and be active
participants in assisting their children to attain English
proficiency, achieve at high levels in core academic subjects,
and meet challenging State academic achievement standards and
State academic content standards expected of all students,
including holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and responding
to recommendations from parents of students assisted under this
part.
``(5) Basis for admission or exclusion.--A student shall not
be admitted to, or excluded from, any federally assisted
[[Page 115 STAT. 1469]]
education program on the basis of a surname or language-minority
status.
