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H.R. 1 (rh2) To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. ...
107th CONGRESS 1st Session H. R. 1 [Report No. 107-63, Part I] To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 22, 2001 Mr. Boehner (for himself, Mr. Castle, Mr. McKeon, Mr. Hastert, Mr. Armey, Mr. DeLay, Mr. Watts of Oklahoma, Ms. Pryce of Ohio, Mr. Dreier, Mr. Petri, Mr. Schaffer, Mr. Isakson, Mr. Ballenger, Mr. Sam Johnson of Texas, Mr. Greenwood, Mr. Graham, Mr. Norwood, Mr. Upton, Mr. Hilleary, Mr. Ehlers, Mr. Fletcher, Mr. DeMint, Mrs. Biggert, Mr. Tiberi, Mr. Keller, Mr. Osborne, Mr. Culberson, Mr. Oxley, Mr. Nussle, Mr. Wolf, Mr. Gekas, Mr. Combest, Mr. Kolbe, Mr. Baker, Mr. Weldon of Pennsylvania, Mr. Shays, Mr. Gillmor, Mr. Goss, Mr. Camp, Mr. Cunningham, Mr. Hobson, Mr. Bachus, Mr. Calvert, Mr. Collins, Mr. Deal of Georgia, Mr. Diaz-Balart, Mr. Horn, Mr. Kingston, Mr. Linder, Mr. McInnis, Mr. Miller of Florida, Mr. Royce, Mr. Portman, Mr. Barr of Georgia, Mr. Burr of North Carolina, Mr. Chambliss, Mr. Ehrlich, Mr. LaTourette, Mr. Radanovich, Mr. Cooksey, Mrs. Northup, Mr. Peterson of Pennsylvania, Mr. Pickering, Mr. Shimkus, Mr. Sununu, Mr. Fossella, Mrs. Bono, Mr. Green of Wisconsin, Mr. Hayes, Mr. Gary Miller of California, Mr. Ose, Mr. Sweeney, Mr. Crenshaw, Ms. Hart, Mr. Issa, Mr. Putnam, and Mr. Schrock) introduced the following bill; which was referred to the Committee on Education and the Workforce May 14, 2001 Additional sponsors: Ms. Granger, Mr. Frelinghuysen, Mr. Mica, Mr. Tiahrt, Mr. Bonilla, Mr. Traficant, Mr. Brown of South Carolina, and Mrs. Roukema May 14, 2001 Reported with an amendment and referred to the Committee on the Judiciary for a period ending not later than May 15, 2001, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 22, 2001] _______________________________________________________________________ A BILL To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Act of 2001''. SEC. 2. REFERENCES. Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. TRANSITION. Except as otherwise specifically provided in this Act, or any amendment made by this Act, any person or agency that was awarded a grant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of this Act shall continue to receive funds in accordance with the terms of such award, except that such funds may not be provided after the date that is one year after the effective date of this Act. SEC. 4. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. References. Sec. 3. Transition. Sec. 4. Table of contents. Sec. 5. Effective date. TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED Part A--Basic Program Sec. 101. Disadvantaged children meet high academic standards. Sec. 102. Authorization of appropriations. Sec. 103. Reservation for school improvement. Sec. 104. Basic programs. Sec. 105. School choice. Sec. 106. Academic assessment and local educational agency and school improvement. Sec. 107. State assistance for school support and improvement. Sec. 108. Academic achievement awards program. Part B--Student Reading Skills Improvement Grants Sec. 111. Reading first; early reading first. Sec. 112. Amendments to Even Start. Sec. 113. Inexpensive book distribution program. Part C--Education of Migratory Children Sec. 121. State allocations. Sec. 122. State applications; services. Sec. 123. Authorized activities. Sec. 124. Coordination of migrant education activities. Part D--Neglected or Delinquent Youth Sec. 131. Neglected or delinquent youth. Sec. 132. Findings. Sec. 133. Allocation of funds. Sec. 134. State plan and State agency applications. Sec. 135. Use of funds. Sec. 136. Transition services. Sec. 137. Purpose. Sec. 138. Programs operated by local educational agencies. Sec. 139. Local educational agency applications. Sec. 140. Uses of funds. Sec. 141. Program requirements. Sec. 142. Program evaluations. Part E--Federal Evaluations and Demonstrations Sec. 151. Evaluations. Sec. 152. Demonstrations of innovative practices. Sec. 153. Ellender-close up fellowship program; dropout reporting. Part F--Comprehensive School Reform Sec. 161. School reform. Part G--Rural Education Flexibility and Assistance Sec. 171. Rural education. Part H--General Provisions of Title I Sec. 181. General provisions. TITLE II--PREPARING, TRAINING, AND RECRUITING QUALITY TEACHERS Sec. 201. Teacher quality training and recruiting fund. Sec. 202. National writing project. Sec. 203. Civic education; teacher liability protection. TITLE III--EDUCATION OF LIMITED ENGLISH PROFICIENT AND IMMIGRANT CHILDREN; INDIAN AND ALASKA NATIVE EDUCATION Part A--Education of Limited English Proficient and Immigrant Children Sec. 301. Programs authorized. Sec. 302. Conforming amendment to Department of Education Organization Act. Part B--Indian and Alaska Native Education Sec. 311. Elementary and Secondary Education Act of 1965. Sec. 312. Alaska Native education. Sec. 313. Amendments to the education amendments of 1978. Sec. 314. Tribally Controlled Schools Act of 1988. TITLE IV--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Part A--Innovative Programs Sec. 401. Promoting informed parental choice and innovative programs. Sec. 402. Continuation of awards. Part B--Public Charter Schools Sec. 411. Public charter schools. Sec. 412. Continuation of awards. Part C--Magnet Schools Assistance; Women's Educational Equity Sec. 421. Magnet schools assistance. Sec. 422. Women's educational equity. Sec. 423. Continuation of awards. TITLE V--21st CENTURY SCHOOLS Sec. 501. Safe schools. TITLE VI--IMPACT AID PROGRAM Sec. 601. Payments under section 8002 with respect to fiscal years in which insufficient funds are appropriated. Sec. 602. Calculation of payment under section 8003 for small local educational agencies. Sec. 603. Construction. Sec. 604. State consideration of payments in providing State aid. Sec. 605. Authorization of appropriations. Sec. 606. Redesignation of program. TITLE VII--ACCOUNTABILITY Sec. 701. Flexibility and accountability. TITLE VIII--GENERAL PROVISIONS Sec. 801. General provisions. Sec. 802. Comprehensive regional assistance centers. Sec. 803. National diffusion network. Sec. 804. Eisenhower regional mathematics and science education consortia. Sec. 805. Technology-based technical assistance. Sec. 806. Regional technical support and professional development. TITLE IX--MISCELLANEOUS PROVISIONS Part A--Amendments to Other Acts subpart 1--national education statistics act Sec. 901. Amendment tsubpart 2--homeless education Sec. 911. Short title. Sec. 912. Findings. Sec. 913. Purpose. Sec. 914. Education for homeless children and youth. Sec. 915. Technical amendment. Part B--Repeals Sec. 921. Repeals. SEC. 5. EFFECTIVE DATE. Except as otherwise specifically provided in this Act, this Act, and the amendments made by this Act, shall take effect on October 1, 2001, or on the date of the enactment of this Act, whichever occurs later. TITLE I--IMPROVING THE ACADEMIC PERFORMANCE OF THE DISADVANTAGED PART A--BASIC PROGRAM SEC. 101. DISADVANTAGED CHILDREN MEET HIGH ACADEMIC STANDARDS. Section 1001 is amended to read as follows: ``SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION OF NEED. ``(a) Findings.--Congress finds the following: ``(1) The Constitution of the United States reserves to the States and to the people the responsibility for the general supervision of public education in kindergarten through the twelfth grade. ``(2) States, local educational agencies and schools should be given maximum flexibility in exchange for greater academic accountability, and be given greater freedom to build upon existing innovative approaches for education reform. ``(3) The best education decisions are made by those who know the students and who are responsible for implementing the decisions. ``(4) Educators and parents should retain the right and responsibility to educate their pupils and children free of excessive regulation by the Federal Government. ``(5) The Supreme Court has regarded the right of parents to direct the upbringing of their children as a fundamental right implicit in the concept of ordered liberty within the 14th Amendment to the Constitution, as specified in Meyer v. Nebraska, 262 U.S. 390 (1923), and Pierce v. Society of Sisters, 268 U.S. 510 (1925). ``(6) Schools that enroll high concentrations of children living in poverty face the greatest challenges, but effective educational strategies based on scientifically based research can succeed in educating children to high academic standards. ``(7) High-poverty schools are much more likely to be identified as failing to meet State academic standards for satisfactory progress. As a result, these schools are generally the most in need of additional resources and technical assistance to build the capacity of these schools to address the many needs of their students. ``(8) The educational progress of children participating in programs under this title is closely associated with their being taught by a highly qualified staff, particularly in schools with the highest concentrations of poverty, where paraprofessionals, uncertified teachers, and teachers teaching out of field frequently provide instructional services. ``(9) Congress and the public would benefit from additional
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