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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. ...


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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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