113 HR 378 IH: Student Bill of Rights
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Student Bill of
Rights
.
2.The table of contents
for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
Title I—Educational opportunity in State public school
systems
Subtitle A—Access to educational opportunity
Sec. 111. Adequate and equitable State public school
systems.
Sec. 112. State educational adequacy and equity
requirements.
Sec. 113. State-established standards for opportunity to
learn.
Subtitle B—State accountability
Sec. 121. Determination of educationally adequate and
inequitable State public school systems.
Sec. 122. State accountability for improvement of educational
opportunity.
Sec. 123. Consequences of nonremediation.
Subtitle C—Public reporting and remedy
Sec. 131. Annual report by Secretary on adequacy and equity in
State public school systems.
Sec. 132. Civil action for enforcement.
Title II—Effects of educational disparities on economic growth
and national defense
Sec. 201. Effects on economic growth and
productivity.
Sec. 202. Effects on national defense.
Title III—General provisions
Sec. 301. Definitions.
Sec. 302. Notice and opportunity for hearing.
Sec. 303. Rulemaking.
Sec. 304. Rule of construction.
3.
(a)The
Congress finds the following:
(1)A
high-quality, highly competitive education for all students is imperative for
the economic growth and productivity of the United States, for its effective
national defense, and for achievement of the historical aspiration to be one
Nation of equal citizens. It is therefore necessary and proper to overcome the
nationwide phenomenon of educationally inadequate or inequitable State public
school systems, in which high-quality public schools serve high-income
communities and poor-quality schools serve low-income, urban, rural, and
minority communities.
(2)There exists in
the States an ever-widening educational opportunity gap for low-income, urban,
rural, and minority students characterized by the following:
(A)Highly
differential educational expenditures among local educational agencies within
States.
(B)Continuing
disparities within the States in students’ access to the opportunity to learn
indicators described in section 112(a).
(C)Radically
differential educational achievement among local educational agencies within
the States, as measured by the following:
(i)Achievement in
mathematics, reading or language arts, and science on State academic
achievement tests and measures, including the academic assessments described in
section 113(b)(1).
(ii)Advanced
placement courses offered and taken.
(iii)Scholastic
Aptitude Test (SAT) and ACT Assessment scores.
(iv)Dropout rates and
graduation rates.
(v)College-going and
college-completion rates.
(vi)Job
placement and retention rates and indices of job quality.
(3)As a consequence
of this educational opportunity gap, the quality of a child’s education depends
largely upon where the child’s family lives, and the detriments of lower
quality public education are imposed particularly on—
(A)children from
low-income families;
(B)children living in
urban and rural areas; and
(C)minority
children.
(4)Since 1785, the
Congress of the United States, exercising the power to admit new States under
article IV, section 3 of the Constitution (and previously, the Congress of the
Confederation of States under the Articles of Confederation), has imposed upon
every State, as a fundamental condition of the State’s admission, the following
requirements:
(A)One, and sometimes
two, square-mile lots in every township were to be granted and …
reserved for the maintenance and use of public schools
.
(B)[S]chools
and the means of education [are to] be forever encouraged
.
(C)State
conventions [were to] provide, by ordinances irrevocable without the consent of
the United States and the people of said States … that provision … be made for
the establishment and maintenance of systems of public schools which shall be
open to all children of said States
.
(See
Ordinances of May 20, 1785, and July 13, 1787; Act of March 3, 1845, 28th Cong.
2d Sess., 5 Stat. 789, Chap. 76 (admitting Iowa and Florida); Act of February
22, 1889, 50th Cong., 2d Sess., Chap. 180 (admitting States created from the
Dakota Territories); and the Acts of Congress pertaining to the admission of
each of the States.)(5)Over the years
since the landmark ruling in Brown v. Board of Education, when a unanimous
United States Supreme Court held that the opportunity of an education …
, where the state has undertaken to provide it, is a right which must be made
available to all on equal terms
, courts in 44 of the States have heard
challenges to the establishment, maintenance, and operation of educationally
inadequate or inequitable State public school systems. (347 U.S. 483, 493
(1954)).
(6)In 1970, the
Presidential Commission on School Finance found that significant disparities in
the distribution of educational resources existed among local educational
agencies within States because the States relied too significantly on local
district financing for educational revenues, and that reforms in systems of
school financing would increase the Nation’s ability to serve the educational
needs of all children.
(7)In 1999, the
National Research Council of the National Academy of Sciences published a
report entitled Making Money Matter, Financing America’s
Schools
, which found that the concept of funding adequacy, which moves
beyond the more traditional concepts of finance equity to focus attention on
the sufficiency of funding for desired educational outcomes, is an important
step in developing a fair and productive educational system.
(8)In 2001, the
Executive order establishing the President’s Commission on Educational Resource
Equity declared, A quality education is essential to the success of
every child in the 21st century and to the continued strength and prosperity of
our Nation. … [L]ong-standing gaps in access to educational resources exist,
including disparities based on race and ethnicity.
(Executive Order
13190, § 1 (January 15, 2001); 66 Fed. Reg. 5424.)
(9)According to the
Secretary of Education, as stated in a letter (with enclosures) dated January
19, 2002, from the Secretary to States—
(A)racial and ethnic
minorities continue to suffer from lack of access to educational resources,
including experienced and qualified teachers, adequate facilities, and
instructional programs and support, including technology, as well as … the
funding necessary to secure these resources
; and
(B)these inadequacies
are particularly acute in high-poverty schools, including urban schools,
where many students of color are isolated and where the effect of the resource
gaps may be cumulative. In other words, students who need the most may often
receive the least, and these students often are students of
color
.
(10)The
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left
Behind Act of 2001 (Public Law 107–110), provides that—
(A)States must
establish standards and assessments in mathematics, reading or language arts,
and science;
(B)elementary schools
and secondary schools must ensure that all students are proficient in such
subjects within 12 years after the end of the 2001–2002 school year; and
(C)elementary schools
and secondary schools will be held accountable for the students’
progress.
(11)The standards and
accountability movement will succeed only if, in addition to standards and
accountability, all schools have access to the educational resources necessary
to enable students to achieve.
(12)Raising standards
without ensuring adequate and equitable access to educational resources may, in
fact, exacerbate achievement gaps and set children up for failure.
(13)According to the
World Economic Forum’s Global Competitiveness Report 2001–2002, the United
States ranks last among developed countries in the difference in the quality of
schools available to rich and poor children.
(14)Each State
Government has ultimate authority in determining every important aspect and
priority of the public school system that provides elementary and secondary
education to children in the State, including whether children throughout the
State have high access to the opportunity to learn indicators described in
section 112(a).
(15)Since 1965, the
Congress, in exercising its spending authority, has provided substantial
Federal financial assistance to the States for the improvement of their public
school systems. In their expenditure and oversight of this assistance, the
States have failed systematically to achieve the purpose of the Congress in
providing the assistance, namely the effective education of all the children of
the United States.
(16)Because a
well-educated populace is critical to the Nation’s political and economic
well-being and national security, the Federal Government has a substantial
interest in ensuring that States provide a high-quality education by ensuring
that all children have access to the opportunity to learn indicators described
in section 112(a) to enable the children to succeed academically and in
life.
(b)The
purposes of this Act are the following:
(1)To further the
goals of the No Child Left Behind Act of 2001 (Public Law 107–110) and the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) by holding States accountable for
providing all students access to the opportunity to learn indicators described
in section 112(a).
(2)To ensure that all
students in public elementary schools and secondary schools receive educational
opportunities that enable the students—
(A)to acquire the
knowledge and skills necessary for responsible citizenship, including the
ability to participate fully in the political process through informed
electoral choice;
(B)to meet
challenging State student academic achievement standards; and
(C)to be able to
compete and succeed in a global economy.
(3)To end the
pervasive pattern of educationally inadequate or inequitable State public
school systems.
<enum>I</enum><header>Educational
opportunity in State public school systems</header>
<subtitle id="H9321D22C45834C6297CC66A37BBF818F"><enum>A</enum><header>Access to
educational opportunity</header>
<section id="H88A87649F7FD4234911CD05E5C28C5DE"><enum>111.</enum><header>Adequate and
equitable State public school systems</header><text display-inline="no-display-inline">Each State receiving Federal financial
assistance for elementary or secondary education shall maintain a public school
system that meets the requirements of section 112 and provides all students in
the State with—</text>
<paragraph id="H2D23682868264BC39EB8FFB49708278D"><enum>(1)</enum><text>the educational
resources needed to succeed academically and in life; and</text>
</paragraph><paragraph id="HD3E204A30CBF4E19B7A815ED3F6BB85B"><enum>(2)</enum><text>an education that
enables the students—</text>
<subparagraph id="HE06F4A9CD8B24F07BFD598E6400D5DC9"><enum>(A)</enum><text>to acquire the
knowledge and skills necessary for responsible citizenship;</text>
</subparagraph><subparagraph id="HAD18D37ACEE84D849C11D5420A542881"><enum>(B)</enum><text>to participate
fully in the political process through informed electoral choice; and</text>
</subparagraph><subparagraph id="H26B849201AFF4E84A5DC6E0EE55A16E4"><enum>(C)</enum><text>to be able to
compete and succeed in a global economy.</text>
</subparagraph></paragraph></section><section id="H62FDF4F711B84D7BB4893114F7AE09EC"><enum>112.</enum><header>State
educational adequacy and equity requirements</header>
<subsection id="H70FC0D30C1134DB09851E0D7E3D6A302"><enum>(a)</enum><header>Opportunity To
learn</header><text display-inline="yes-display-inline">A State shall provide
for all public schools in the State access, at levels defined by the State
under section 113 as ideal or adequate, to each of the following opportunity to
learn indicators:</text>
<paragraph id="H21D49E29EB554D9EBF50E4107A685013"><enum>(1)</enum><text>highly effective
teachers;</text>
</paragraph><paragraph id="H8849966EF5D54CF888DA05F3FAC8BF6B"><enum>(2)</enum><text>early childhood
education;</text>
</paragraph><paragraph id="HFBFE79C808A8478BB9D3F8E5671099EE"><enum>(3)</enum><text>college
preparatory curricula; and</text>
</paragraph><paragraph id="H68B97AC2580448348143E3958CBEA7F1"><enum>(4)</enum><text>equitable
instructional resources.</text>
</paragraph></subsection><subsection id="HE0FE5AC2601B483E8823A7B96AC9D520"><enum>(b)</enum><header>Comparable
educational services</header><text>A State shall provide educational services
in local educational agencies that receive funds under part A of title I of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6311">20 U.S.C. 6311 et seq.</external-xref>) that are, taken as a whole, at least
comparable to educational services provided in local educational agencies not
receiving such funds.</text>
</subsection><subsection id="H289ECDAF023F4BFA810F1377478A5FCC"><enum>(c)</enum><header>Compliance with
court orders</header><text>A State shall comply with any substantive Federal or
State court order in any matter concerning the adequacy or equity of the
State’s public school system, to the extent required in the order.</text>
</subsection></section><section id="HC226AD9E75A142EDA7DBE6087EEDC7A3"><enum>113.</enum><header>State-established
standards for opportunity to learn</header>
<subsection id="HF9B5676CA1124C7A826B42DB7A2ECDD3"><enum>(a)</enum><header>Establishment</header><text>In
carrying out section 112(a), each State educational agency, in consultation
with local educational agencies, teachers, principals, pupil services
personnel, administrators, other staff, and parents, shall develop standards to
describe and measure the extent to which the State provides to the students in
each public school and local educational agency in the State each of the
opportunity to learn indicators described in section 112(a) in terms of ideal,
adequate, and basic levels of such access.</text>
</subsection><subsection id="HDE9A4117AFBD4A10A776594F70997DF0"><enum>(b)</enum><header>Factors for
consideration</header><text>In defining the levels of access required under
subsection (a), the State shall consider, in addition to the factors described
in section 112(a)—</text>
<paragraph id="H8497919542B54D9A80ADD946BDC602E7"><enum>(1)</enum><text>the access
available to students in schools in the highest achieving decile of public
elementary schools and secondary schools in the State, as determined on the
basis of student performance on statewide student academic assessments,
including—</text>
<subparagraph id="HD09615815B94463BAE7E6EA333B05864"><enum>(A)</enum><text>student academic
assessments in reading or language arts, mathematics, and science under section
1111(b)(3) of the <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6311">20 U.S.C. 6311(b)(3)</external-xref>);</text>
</subparagraph><subparagraph id="H8E69C76F069B4236BE1B16120CCD44B0"><enum>(B)</enum><text>national student
academic assessments of reading and mathematics under the National Assessment
of Educational Progress carried out under section 303(a) of the National
Assessment of Educational Progress Authorization Act (<external-xref legal-doc="usc" parsable-cite="usc/20/9622">20 U.S.C. 9622(a)</external-xref>);
and</text>
</subparagraph><subparagraph id="H77F1F35FFC984C829597DFFDA71873BC"><enum>(C)</enum><text>State student
academic assessments of reading and mathematics under 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));</text>
</subparagraph></paragraph><paragraph id="HBC15BC491BD34F6D99B93BDBFF4C7CDB"><enum>(2)</enum><text>the unique needs
of low-income, urban and rural, and minority students; and</text>
</paragraph><paragraph id="H5F99433A83D34644ADFD7EDE280C3520"><enum>(3)</enum><text>other
educationally appropriate factors.</text>
</paragraph></subsection><subsection id="H1E1C7143932D43C6883FBE30C1EB4C48"><enum>(c)</enum><header>Challenging
standards</header><text>The levels of access required under subsection (a)
shall be aligned with the challenging State academic content and achievement
standards, and the high-quality academic assessments, required under the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6301">20 U.S.C. 6301 et seq.</external-xref>).</text>
</subsection><subsection id="H0A86B7A26C3146A799C8A198B548AA84"><enum>(d)</enum><header>Submission to
Secretary</header><text>A State educational agency shall submit to the
Secretary—</text>
<paragraph id="HBAB88333A4A04DD5892FF6553B1A2301"><enum>(1)</enum><text>a
description of each of the levels of access required under subsection
(a);</text>
</paragraph><paragraph id="H32DB2AB1921D4FCC968827F9B4053D4A"><enum>(2)</enum><text>a
description of the level of access of each local educational agency, elementary
school, and secondary school in the State to each of the opportunity to learn
indicators described in section 112(a), including identification of any such
schools that do not provide ideal or adequate levels of access (as defined
under subsection (a));</text>
</paragraph><paragraph id="H050B9798C2BB4AB382E21AE51648DDBC"><enum>(3)</enum><text>an estimate of the
additional cost, if any, of ensuring that the public school system meets the
requirements of section 112; and</text>
</paragraph><paragraph id="H72E01B1B53AA455096D672841DB1BA7F"><enum>(4)</enum><text>the information
required under subparagraphs (B) and (C) of paragraph (1) and paragraph (2)(B)
of section 131(b).</text>
</paragraph></subsection><subsection id="HA0EE1E94C4614FB28B002A2AE406B5E4"><enum>(e)</enum><header>Publication and
dissemination to parents</header><text>The State annually shall publish the
information submitted under subsection (d) and shall disseminate the
information to the public and the parents of children attending (or who may
attend) public schools in the State, in an understandable and uniform format
and, to the extent practicable, in a language that the parents can understand,
through such means as the Internet, the media, and public agencies.</text>
</subsection></section></subtitle><subtitle id="H009DB908183742DE95F8D2A2A571F79A"><enum>B</enum><header>State
accountability</header>
<section id="H51BD954A20544BB6AE394A60578A8439"><enum>121.</enum><header>Determination
of educationally adequate and inequitable State public school systems</header>
<subsection id="H43BD2FD463FB41CCA41A4037F330B74F"><enum>(a)</enum><header>Annual
determination by Secretary</header><text>Beginning not later than October 1 of
the first full school year after the date of enactment of this Act, the
Secretary shall annually determine whether each State meets each of the
requirements of section 112.</text>
</subsection><subsection id="H02BC652D6B7E4BEEA88060DE67136A64"><enum>(b)</enum><header>Publication by
Secretary</header><text>The Secretary shall publish and make available to the
general public (including by means of the Internet) the determinations under
subsection (a).</text>
</subsection></section><section id="HFCBA9966F860419996DA09475DAEE54B"><enum>122.</enum><header>State
accountability for improvement of educational opportunity</header>
<subsection id="H43D180DE94BA45F3859481074575DBB3"><enum>(a)</enum><header>State
remediation plan</header><text>A State determined under section 121 not to meet
the requirements of section 112 shall develop and submit to the Secretary, by
not later than 1 year after the determination, a remediation plan (which the
State may amend to improve the plan or to take into account significantly
changed circumstances), as follows:</text>
<paragraph id="H1CB5EBA4E63F4759B6A1943053403B2C"><enum>(1)</enum><header>Long-term
remediation for Access to opportunity to learn indicators</header><text>If the
State is determined not to meet the requirements under section 112(a) (relating
to access to the opportunity to learn indicators), the plan shall provide for
the following:</text>
<subparagraph id="H5B2B42F4947B4721978C8AC20A868BFF"><enum>(A)</enum><text>A description of
the actions the State will take to meet the requirements of section 112(a), by
not later than 12 years after the end of the 2003–2004 school year, to provide
ideal or adequate access (as defined by the State under section 113) to the
opportunity to learn indicators for each public school in the State.</text>
</subparagraph><subparagraph id="H786E8020EF094D629C78CDC59C339137"><enum>(B)</enum><text>A timeline for
improvement that includes annual interim goals for increasing the number of
public schools and local educational agencies in the State that have ideal or
adequate levels of access (as defined by the State under section 113) to each
of the opportunity to learn indicators, in order to achieve the required levels
of access within the time described in subparagraph (A).</text>
</subparagraph><subparagraph id="HA5ACAFCF19C648E2A3EA1386952F0FC4"><enum>(C)</enum><text>Implementation of
a single, statewide accountability system to ensure that the State achieves the
interim goals described in subparagraph (B).</text>
</subparagraph></paragraph><paragraph id="H0AEC68EE26AE45FAAA349223053BD7B5"><enum>(2)</enum><header>Two-year
remediation for comparable educational services</header><text>If the State is
determined not to meet the requirements of section 112(b) (relating to
comparable educational services), the plan shall describe the actions the State
will take to meet the requirements of such section by not later than 2 school
years after submission of the plan.</text>
</paragraph></subsection><subsection id="HF152B6FD70714710A1A923EFF48D3DA9"><enum>(b)</enum><header>Disapproval of
plan</header><text>The Secretary may disapprove a plan (or amendment) submitted
under subsection (a) that the Secretary determines does not meet the
requirements of such subsection.</text>
</subsection></section><section id="HA20806FB54FF4527AFE94B70D8CE1A08"><enum>123.</enum><header>Consequences of
nonremediation</header>
<subsection id="H85A82AA27A85423096384902D15BFE3A"><enum>(a)</enum><header>Failure To meet
annual interim access goals</header><text>Notwithstanding any other provision
of law and in addition to any other consequence under this section, the
Secretary shall withhold 2.75 percent of any funds otherwise available to a
State (or a State educational agency) for administration of Federal elementary
and secondary education programs for each annual interim goal established under
section 122(a)(1)(B) for a fiscal year, or a prior fiscal year, that the
Secretary determines the State fails to meet.</text>
</subsection><subsection id="HEC8D136352804A9480C159972B761742"><enum>(b)</enum><header>Continuing
failure To provide comparable educational
services</header><text>Notwithstanding any other provision of law and in
addition to any other consequence under this section, the Secretary shall
withhold from a State determined by the Secretary to continue to fail to meet
the requirements of section 112(b) (relating to comparable educational
services) at the end of the second school year after a plan is required to be
submitted under section 122, up to 33<fraction>1/3</fraction> percent of funds
otherwise available to the State for administration of Federal elementary and
secondary education programs.</text>
</subsection><subsection id="HDC80FEA6FD39478CB3F4C140F2DD724F"><enum>(c)</enum><header>Noncompliance
with court orders</header><text>Notwithstanding any other provision of law and
in addition to any other consequence under this section, the Secretary shall
withhold from a State determined by the Secretary to fail to meet the
requirements of section 112(c) (relating to compliance with court orders) up to
33<fraction>1/3</fraction> percent of funds otherwise available to the State
for the administration of Federal elementary and secondary education
programs.</text>
</subsection><subsection id="H11CEAA3C39924F11AB36D75C3CDE3E6E"><enum>(d)</enum><header>Disposition of
withheld funds</header><text>For each State from which funds are withheld under
this section, the Secretary shall make a determination whether the State, by
not later than 1 year after a determination under subsection (a), (b), or (c),
has corrected the condition leading to a withholding of funds and shall
distribute withheld funds as follows:</text>
<paragraph id="HDC4E1445323D41EF913DAD25602AD02D"><enum>(1)</enum><text>If the State
corrects a condition leading to a withholding of funds, the Secretary shall
make the applicable withheld funds available to the State (or State educational
agency).</text>
</paragraph><paragraph id="HE2B292C4A47346D5AF3680F01EB52C9C"><enum>(2)</enum><text>If the State fails
to correct a condition leading to a withholding of funds, the Secretary shall
allocate the applicable withheld funds to public schools or local educational
agencies affected by the State’s failure to make adequate remediation, for the
purpose of enabling the school or local educational agency to correct such
condition.</text>
</paragraph></subsection><subsection id="HCDC54720DDAB4F9DB84FA0A34A5B0CD2"><enum>(e)</enum><header>Temporary
waiver</header><text>The Secretary may grant a request by a State for a waiver
of the withholding provisions of subsections (a) through (c) for a total period
of not more than 1 year if—</text>
<paragraph id="HB6C14ED6F4414044B46CD5BC14197B82"><enum>(1)</enum><text>the Secretary is
satisfied that exceptional circumstances (such as a precipitous decrease in
State revenues) prevent a State from complying with the requirements of section
112; and</text>
</paragraph><paragraph id="HF7E7C7FE7DF444E29CA30D2A481AD705"><enum>(2)</enum><text>the State’s
request describes the manner in which the State will comply with the
requirements of section 112 by the end of the waiver period.</text>
</paragraph></subsection></section></subtitle><subtitle id="H74D58A36C4BC441CB01A8CA4E39D2431"><enum>C</enum><header>Public reporting
and remedy</header>
<section id="HF06CE16A1CA84C999059AC99C1215699"><enum>131.</enum><header>Annual report
by Secretary on adequacy and equity in State public school systems</header>
<subsection id="HA4515BEDFF1C4F40ADC17B0875E3AC13"><enum>(a)</enum><header>Annual report to
Congress</header><text>Not later than October 1 of the first full school year
after the date of enactment of this Act, the Secretary shall transmit to the
Congress a report that provides a detailed analysis of the public school system
of each State.</text>
</subsection><subsection id="H4C3B60660BEE442F8C8F7569168894F0"><enum>(b)</enum><header>Contents of
report</header><text>The analysis under subsection (a) shall include the
following information with respect to each State’s public school system:</text>
<paragraph id="HC6A2047CC93C4A4BA3185D80C437CFCF"><enum>(1)</enum><header>Basic public
school system information</header>
<subparagraph id="HF3A6FFB5457B4EA1BFF377A376F77053"><enum>(A)</enum><text>The number of
students, elementary schools, secondary schools, and local educational agencies
in the public school system.</text>
</subparagraph><subparagraph id="H51D5046B3DF84D5F8EED158FF656F836"><enum>(B)</enum><text>For each such
school and local educational agency, the number and percentage of—</text>
<clause id="H116FA12B2B984934A9B4F10B6AE20383"><enum>(i)</enum><text>children counted
under section 1124(c) of the <act-name parsable-cite="ESEA">Elementary and
Secondary Education Act of 1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6333">20 U.S.C. 6333(c)</external-xref>); and</text>
</clause><clause id="H2203FDD8D19D49D1B14DF8AB647C5AFF"><enum>(ii)</enum><text>students,
disaggregated by groups described in section 1111(b)(3)(C)(xiii) of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6311">20 U.S.C. 6311(b)(3)(C)(xiii)</external-xref>).</text>
</clause></subparagraph><subparagraph id="HE6AAD577EC1E41D5B8EA0BAE1388DB4A"><enum>(C)</enum><text>For each such
school, a statement whether the school is an urban, rural, or mixed school (as
defined by the Commissioner for Education Statistics).</text>
</subparagraph><subparagraph id="H993CED2300DE44D9AF593D4B64864E22"><enum>(D)</enum><text>The average
per-pupil expenditure (in actual dollars and adjusted for cost and need) for
the State and for each school and local educational agency.</text>
</subparagraph><subparagraph id="H39413B71B40547E6AC42047FC0B762CA"><enum>(E)</enum><text>The decile ranking
of each local educational agency, as measured by achievement in mathematics,
reading or language arts, and science on the academic assessments described in
subparagraphs (A) and (C) of section 113(b)(1).</text>
</subparagraph></paragraph><paragraph id="H153C378E5C9C493FA22F65406CB51754"><enum>(2)</enum><header>Success in
providing opportunity to learn indicators</header>
<subparagraph id="HE68A6A82B1BA451EB29F5A7F83FAF14A"><enum>(A)</enum><text>A description of
the ideal, adequate, and basic levels of access established by the State under
section 113 to each of the opportunity to learn indicators described under
section 112(a).</text>
</subparagraph><subparagraph id="H1B7987D6D0C244869FC5A40DBF5CF55E"><enum>(B)</enum><text>For each school
and local educational agency, the following information:</text>
<clause id="H87C398FFCD6C4125BAFC2447537EA0FD"><enum>(i)</enum><text>The
level of access (as established under section 113) of the school or local
educational agency to each of the opportunity to learn indicators described in
section 112(a).</text>
</clause><clause id="HA2C76813AB964AAF88AD0F7B627A8F29"><enum>(ii)</enum><text>The
percentage of students proficient in mathematics, reading or language arts, and
science, as measured through assessments under section 1111(b)(3)(C)(v) of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6311">20 U.S.C. 6311(b)(3)(C)(v)</external-xref>).</text>
</clause><clause id="HA3A016A84EDF4D8B975B1DCBBB435359"><enum>(iii)</enum><text>Whether the
school or local educational agency is making adequate yearly progress under
section 1111(b)(2) of the <act-name parsable-cite="ESEA">Elementary and
Secondary Education Act of 1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6311">20 U.S.C. 6311(b)(2)</external-xref>).</text>
</clause></subparagraph><subparagraph id="HE1734066B340452FAFC1584849AF1A55"><enum>(C)</enum><text>The number and
names of each school in the State that does not provide each of the opportunity
to learn indicators described in section 112(a) at an ideal or adequate level
(as established under section 113).</text>
</subparagraph></paragraph><paragraph id="H539EC668858F4CF889C9B3615F61BEE1"><enum>(3)</enum><header>State
remediation actions</header><text>If the State is determined under section 121
not to meet the requirements of section 112—</text>
<subparagraph id="H0EEA598DD70E4FA2B0A9E4DED5E8A0DB"><enum>(A)</enum><text>a detailed
description and evaluation of—</text>
<clause id="HBC28E5E61C914413ABA6E3A441D28188"><enum>(i)</enum><text>the
State’s success in carrying out any remediation plan required to be submitted
by the State under section 122; and</text>
</clause><clause id="HCD23392D140540829CD51937F498800F"><enum>(ii)</enum><text>any
other actions taken, or measures proposed to be taken, by the State to meet the
requirements of section 112; and</text>
</clause></subparagraph><subparagraph id="H5280C3824F014B11A940408D188B4180"><enum>(B)</enum><text>a copy of any
remediation plan required to be submitted by the State under section 122
(including any amendments).</text>
</subparagraph></paragraph><paragraph id="H742E087FC526469989C1FF0A5B398C29"><enum>(4)</enum><header>Effects on
academic achievement</header><text>An analysis of the effects of the average
per-pupil expenditure, and the level of access (as provided by the State under
section 113) to each of the opportunity to learn indicators described in
section 112(a) provided to students in each school and local educational agency
on the outcomes of the academic assessments identified in section
113(b)(1).</text>
</paragraph><paragraph id="HD24784C8733F49C09A423636F24C2EB1"><enum>(5)</enum><header>Other
information</header>
<subparagraph id="H4380604A033E48AC9D83E420F0C7C7E6"><enum>(A)</enum><text>The most recent
information submitted by the State under section 113(d).</text>
</subparagraph><subparagraph id="HB2EF54FEE1B842D7B33166FFA803C706"><enum>(B)</enum><text>For the year
covered by the report, a summary of any changes in the data required in
paragraphs (1) and (2) for each of the preceding 3 years (which may be based on
such data as are available for the first 3 reports under subsection
(a)).</text>
</subparagraph><subparagraph id="H2D186322D6F44607BC720ECBF0D96EDA"><enum>(C)</enum><text>Such other
information as the Secretary considers useful and appropriate to
include.</text>
</subparagraph></paragraph></subsection><subsection id="H44B314B022644C359E53745CCFA48A61"><enum>(c)</enum><header>Scope of
report</header><text>The report required under subsection (a) shall cover the
school year ending in the calendar year in which the report is required to be
submitted.</text>
</subsection><subsection id="H4CF29FB81F3F43F492A7FA1086D73423"><enum>(d)</enum><header>Submission of
data to Secretary</header><text>Each State receiving Federal financial
assistance for elementary and secondary education shall submit to the
Secretary, at such time and in such manner as the Secretary may reasonably
require, such data as the Secretary deems necessary to make a determination
under section 121 and to submit the report under this section. Such data shall
include the information used to measure the State’s success in providing the
opportunity to learn indicators described in section 112(a).</text>
</subsection><subsection id="HEA5589D623124787B6D8C14A13533B48"><enum>(e)</enum><header>Failure To
submit data</header><text>If a State fails to submit the data required to make
a determination under section 121—</text>
<paragraph id="H7121442AC38A4FFDB7146D066E039403"><enum>(1)</enum><text>the State shall be
deemed to have been determined under such section not to meet the applicable
requirements of section 112, until the State submits the data and the Secretary
is able to make a determination under such section based on such data;
and</text>
</paragraph><paragraph id="H9E4D6B39F2684E869758F05AD402DC9B"><enum>(2)</enum><text>the Secretary
shall—</text>
<subparagraph id="HA6D5C9271CA148AF8E03F26826D6D658"><enum>(A)</enum><text>provide, to the
extent practicable, the analysis required in subsection (a) for the State based
on the best data available to the Secretary; and</text>
</subparagraph><subparagraph id="H1BCCF18BB9EB4489B8A89021C254269D"><enum>(B)</enum><text>update the
analysis, as necessary, after submission of the data by the State.</text>
</subparagraph></paragraph></subsection><subsection id="H0410DCE0E6BF44179ADCB7D13F18CBAA"><enum>(f)</enum><header>Publication</header><text>The
Secretary shall publish and make available to the general public (including by
means of the Internet) the report required under subsection (a).</text>
</subsection></section><section id="HD14F065BED6C4092A7742E6BF09DEDB0"><enum>132.</enum><header>Civil action
for enforcement</header><text display-inline="no-display-inline">A student or
parent of a student aggrieved by a violation of this Act may bring a civil
action against an appropriate official in an appropriate United States district
court seeking declaratory and injunctive relief to enforce the requirements of
this Act, together with reasonable attorney fees and the costs of the action,
without regard to the citizenship of the parties or the amount in
controversy.</text>
</section></subtitle><enum>II</enum><header>Effects of
educational disparities on economic growth and national defense</header>
<section id="H567DB74246C443C584E39EDDE000E5AB"><enum>201.</enum><header>Effects on
economic growth and productivity</header>
<subsection id="H38C985B844234AA2AB4AE4FDB732E346"><enum>(a)</enum><header>Study</header><text>The
Commissioner for Education Statistics, in consultation with the Secretaries of
Commerce, Labor, and the Treasury, shall conduct a comprehensive study
concerning the effects on economic growth and productivity of eliminating
disparities in public school systems that do not meet the requirements of
section 112. Such study shall include the following:</text>
<paragraph id="HCEF889A92D684D69B7C82DCFF3230F18"><enum>(1)</enum><text>The economic costs
to the Nation resulting from the maintenance by States of public school systems
that do not meet the requirements of section 112.</text>
</paragraph><paragraph id="HEB542D9FE88A47188736FD279119A316"><enum>(2)</enum><text>The economic gains
to be expected from the elimination of disparities in public school systems
that do not meet the requirements of section 112.</text>
</paragraph></subsection><subsection id="H47A5F9108E0A4A3C8F6BAFB2744EAC24"><enum>(b)</enum><header>Report to
Congress</header><text>Not later than 1 year after the date of enactment of
this Act, the Commissioner for Education Statistics shall submit to the
Congress a final report detailing the results of the study required under
subsection (a).</text>
</subsection></section><section id="H21BB8EB53739438D9548A273E0381AC0"><enum>202.</enum><header>Effects on
national defense</header>
<subsection id="HCA4C5214E79244A69A92BD5236074C49"><enum>(a)</enum><header>Study</header><text>The
Commissioner for Education Statistics, in consultation with the Secretary of
Defense, shall conduct a comprehensive study concerning the effects on national
defense of eliminating disparities in public school systems that do not meet
the requirements of section 112. Such study shall include the following:</text>
<paragraph id="H1982560786664917B60DA46AC849649E"><enum>(1)</enum><text>The detriments to
national defense resulting from the maintenance by States of public school
systems that do not meet the requirements of section 112, including the effects
of education deficits arising from low-quality schools on—</text>
<subparagraph id="H965E01CE15FA4D8797B3503F6046CA09"><enum>(A)</enum><text>knowledge and
skills necessary for the effective functioning of the Armed Forces;</text>
</subparagraph><subparagraph id="H342F82A1184F4DFC9424E509C543071F"><enum>(B)</enum><text>the costs to the
Armed Forces of training; and</text>
</subparagraph><subparagraph id="HF337D5EFBC444344A31D758688E8CB9C"><enum>(C)</enum><text>efficiency
resulting from the use of sophisticated equipment and information
technology.</text>
</subparagraph></paragraph><paragraph id="H5F5E5FA355284F2CAA411D6180F8F115"><enum>(2)</enum><text>The gains to
national defense to be expected from the elimination of disparities in public
school systems that do not meet the requirements of section 112.</text>
</paragraph></subsection><subsection id="HBEF509C81BE94F70A987D65E37B1A92A"><enum>(b)</enum><header>Report to
Congress</header><text>Not later than 1 year after the date of enactment of
this Act, the Commissioner for Education Statistics shall submit to the
Congress a final report detailing the results of the study required under
subsection (a).</text>
</subsection></section><enum>III</enum><header>General
provisions</header>
<section id="H3ADA482EE53D43EE94EA116AD442CA18"><enum>301.</enum><header>Definitions</header><text display-inline="no-display-inline">In this Act:</text>
<paragraph id="HBEE612BE175745B58F74730BA2679423"><enum>(1)</enum><text>The terms
<quote>average per-pupil expenditure</quote>, <quote>core academic
subjects</quote>, <term>elementary school</term>, <quote>highly
qualified</quote>, <quote>local educational agency</quote>,
<quote>parent</quote>, <quote>pupil services</quote>, <quote>pupil services
personnel</quote>, <term>secondary school</term>, and <term>State educational
agency</term> each have the meanings given those terms in section 9101 of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/7801">20 U.S.C. 7801</external-xref>).</text>
</paragraph><paragraph id="H57F532F77CBC40649F6F3E0BEDEAE7E2"><enum>(2)</enum><text>The term
<term>public school system</term> means a State’s system of public elementary
and secondary education.</text>
</paragraph><paragraph id="H5FFF721DA32F4F8BAF3937A24C469C28"><enum>(3)</enum><text>The term
<term>Federal elementary and secondary education programs</term> means programs
providing Federal financial assistance for elementary or secondary education,
other than programs under the following provisions of law:</text>
<subparagraph id="H1DE8D8C7A6FC4867A1764FFF8FDDFD29"><enum>(A)</enum><text>The Individuals
with Disabilities Education Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1400">20 U.S.C. 1400 et seq.</external-xref>).</text>
</subparagraph><subparagraph id="H535ED9493B864D7DBB645915D37295A0"><enum>(B)</enum><text>Title III of the
<act-name parsable-cite="ESEA">Elementary and Secondary Education Act of
1965</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/20/6801">20 U.S.C. 6801 et seq.</external-xref>).</text>
</subparagraph><subparagraph id="H581A388595E44C9E8AD4500C331089BA"><enum>(C)</enum><text>The Richard B.
Russell <act-name parsable-cite="NSLA">National School Lunch Act</act-name> (42
U.S.C. 1751 et seq.).</text>
</subparagraph><subparagraph id="H98785FF5DDB542C0B60FC56FC3FFD4A2"><enum>(D)</enum><text>The
<act-name parsable-cite="CNA66">Child Nutrition Act of 1966</act-name> (42
U.S.C. 1771 et seq.).</text>
</subparagraph></paragraph><paragraph id="H5495E3934EC44BDBBC2713867332D5DD"><enum>(4)</enum><text display-inline="yes-display-inline">The term <term>State</term> includes the
several States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin
Islands, and any other territory or possession of the United States.</text>
</paragraph></section><section id="H5A85A85E9CEA45129928B692E6540E92"><enum>302.</enum><header>Notice and
opportunity for hearing</header><text display-inline="no-display-inline">The
Secretary may make an adverse determination under this Act only after notice
and opportunity for hearing.</text>
</section><section id="H636D6C5F66BE4F798CA5FC3D419C991E"><enum>303.</enum><header>Rulemaking</header><text display-inline="no-display-inline">The Secretary may prescribe regulations to
carry out this Act.</text>
</section><section id="H31DA7A2FB4D54A018C2BBB5EA5E6F055"><enum>304.</enum><header>Rule of
construction</header><text display-inline="no-display-inline">Nothing in this
Act may be construed to require a jurisdiction to increase property tax or
other tax rates or to redistribute revenues from such taxes.</text>
</section>