[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5346 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5346

  To provide for adequate and equitable educational opportunities for 
    students in State public school systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2002

  Mr. Fattah (for himself, Ms. Jackson-Lee of Texas, Mr. Sanders, Ms. 
Brown of Florida, Ms. Kilpatrick, Mr. George Miller of California, Mr. 
 Conyers, Ms. McKinney, Mr. Owens, Mrs. Christensen, Mr. Meeks of New 
York, Mr. Payne, Mr. Borski, Ms. Millender-McDonald, Ms. DeLauro, Mrs. 
  Clayton, Mr. Hall of Ohio, Mr. Rush, Mr. Cummings, Mr. Andrews, Ms. 
 Lee, Mr. Brady of Pennsylvania, Mr. Murtha, Mr. Jackson of Illinois, 
Mr. Davis of Illinois, Mr. Hoeffel, Ms. Pelosi, Mr. Frost, Ms. Woolsey, 
Mr. Filner, Mr. Gephardt, Mr. Larson of Connecticut, Mr. Baldacci, Mr. 
 Pascrell, Mr. Wynn, Ms. Eddie Bernice Johnson of Texas, Mr. Baca, Mr. 
 Doyle, Mr. Ford, Mr. Rangel, and Ms. Norton) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  To provide for adequate and equitable educational opportunities for 
    students in State public school systems, and for other purposes.

    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 ``Student Bill of Rights''.

SEC. 2. TABLE OF CONTENTS.

    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 access to educational 
                            opportunity.
                    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.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--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 public school districts within States.
                    (B) Continuing disparities within the States in 
                students' access to the fundamentals of educational 
                opportunity described in section 112(a).
                    (C) Radically differential educational achievement 
                among public school districts 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 public school districts 
        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, Sec. 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
                    (H) 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 fundamentals of educational 
        opportunity 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 fundamentals of 
        educational opportunity described in section 112(a) to enable 
        the children to succeed academically and in life.
    (b) Purposes.--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 
        fundamentals of educational opportunity 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.

    TITLE I--EDUCATIONAL OPPORTUNITY IN STATE PUBLIC SCHOOL SYSTEMS

             Subtitle A--Access to Educational Opportunity

SEC. 111. ADEQUATE AND EQUITABLE STATE PUBLIC SCHOOL SYSTEMS.

    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--
            (1) the educational resources needed to succeed 
        academically and in life; and
            (2) an education that enables the students--
                    (A) to acquire the knowledge and skills necessary 
                for responsible citizenship;
                    (B) to participate fully in the political process 
                through informed electoral choice; and
                    (C) to be able to compete and succeed in a global 
                economy.

SEC. 112. STATE EDUCATIONAL ADEQUACY AND EQUITY REQUIREMENTS.

    (a) Fundamentals of Educational Opportunity.--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 
fundamentals of educational opportunity:
            (1) High-quality classroom teachers and school 
        administrators.--High-quality classroom instruction and school-
        level administrators, as measured by the following:
                    (A) The proportion of teachers in core academic 
                subjects who are highly qualified (as that term is 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)).
                    (B) Leadership, management, and guidance from 
                school principals (and other school-level 
                administrators) certified under an applicable State or 
                national program.
            (2) Rigorous academic standards, curricula, and methods of 
        instruction.--Rigorous academic standards, curricula, and 
        methods of instruction, as measured by the extent to which each 
        public school district succeeds in providing high-quality 
        academic standards, curricula, and methods of instruction to 
        students in each public elementary school and secondary school 
        within the district.
            (3) Small class sizes.--Small class sizes, as measured by 
        the following:
                    (A) The average class size and the range of class 
                sizes.
                    (B) The proportion of classes with 17 or fewer 
                students.
            (4) Quality facilities, textbooks, and instructional 
        materials and supplies.--Quality school facilities, textbooks, 
        and instructional materials and supplies, as measured by the 
        following:
                    (A)(i) The physical condition of school buildings 
                and major school building features.
                    (ii) Environmental conditions in school buildings.
                    (iii) The quality of instructional space.
                    (B) The proportion of students who begin the school 
                year with school-issued textbooks.
                    (C) The average age of textbooks and instructional 
                materials and supplies used in core academic subjects.
            (5) Up-to-date library resources.--High-quality, up-to-
        date, and state-of-the-art library resources, as measured by 
        the following:
                    (A) The size and qualifications of library staff, 
                including whether the library is staffed by a full-time 
                librarian certified under an applicable State or 
                national program.
                    (B) The size (relative to the number of students) 
                and quality of the library's collection of books and 
                periodicals.
                    (C) Hours of library operation.
            (6) Up-to-date computer technology.--Computer technology, 
        as measured by the following:
                    (A) The ratio of computers to students.
                    (B) The quality of computers and software available 
                to students at school, including the type, processing 
                speed, age, or version of such computers or software.
                    (C) The availability of Internet access.
                    (D) The quality of system maintenance and technical 
                assistance for the computers.
                    (E) The number of computer laboratory courses 
                taught by qualified computer instructors.
            (7) Quality guidance counseling.--Qualified guidance 
        counselors, as measured by the ratio of students to guidance 
        counselors who have obtained certification under an applicable 
        State or national program.
    (b) Comparable Educational Services.--A State shall provide 
educational services in public school districts that receive funds 
under part A of title I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.) that are, taken as a whole, at least 
comparable to educational services provided in public school districts 
not receiving such funds.
    (c) Compliance With Court Orders.--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.

SEC. 113. STATE-ESTABLISHED STANDARDS FOR ACCESS TO EDUCATIONAL 
              OPPORTUNITY.

    (a) Establishment.--In carrying out section 112(a), a 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 school district in the State each of the fundamentals of 
educational opportunity described in section 112(a) in terms of ideal, 
adequate, and basic levels of such access.
    (b) Factors for Consideration.--In defining the levels of access 
required under subsection (a), the State shall consider, in addition to 
the factors described in section 112(a)--
            (1) 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--
                    (A) student academic assessments in reading or 
                language arts, mathematics, and science under section 
                1111(b)(3) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6311(b)(3));
                    (B) national student academic assessments of 
                reading and mathematics under the National Assessment 
                of Educational Progress carried out under section 
                411(b)(2) of the National Education Statistics Act of 
                1994 (20 U.S.C. 9010(b)(2)); and
                    (C) State student academic assessments of reading 
                and mathematics under the National Assessment of 
                Educational Progress carried out under section 
                411(b)(3) of the National Education Statistics Act of 
                1994 (20 U.S.C. 9010(b)(3));
            (2) the unique needs of low-income, urban and rural, and 
        minority students; and
            (3) other educationally appropriate factors.
    (c) Challenging Standards.--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 Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq.).
    (d) Submission to Secretary.--A State educational agency shall 
submit to the Secretary--
            (1) a description of each of the levels of access required 
        under subsection (a);
            (2) a description of the level of access of each public 
        school district, elementary school, and secondary school in the 
        State to each of the fundamentals of educational opportunity 
        described in section 112(a), including identification of any 
        such schools that do not provide ideal or adequate levels of 
        access (as defined under under subsection (a));
            (3) an estimate of the additional cost, if any, of ensuring 
        that the public school system meets the requirements of section 
        112; and
            (4) the information required under subparagraphs (B) and 
        (C) of paragraph (1) and paragraph (2)(B) of section 131.
    (e) Publication and Dissemination to Parents.--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.

                    Subtitle B--State Accountability

SEC. 121. DETERMINATION OF EDUCATIONALLY ADEQUATE AND INEQUITABLE STATE 
              PUBLIC SCHOOL SYSTEMS.

    (a) Annual Determination by Secretary.--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.
    (b) Publication by Secretary.--The Secretary shall publish and make 
available to the general public (including by means of the Internet) 
the determinations under subsection (a).

SEC. 122. STATE ACCOUNTABILITY FOR IMPROVEMENT OF EDUCATIONAL 
              OPPORTUNITY.

    (a) State Remediation Plan.--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:
            (1) Long-term remediation for access to fundamentals of 
        educational opportunity.--If the State is determined not to 
        meet the requirements under section 112(a) (relating to access 
        to the fundamentals of educational opportunity), the plan shall 
        provide for the following:
                    (A) 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 2001-2002 
                school year, to provide ideal or adequate access (as 
                defined by the State under section 113) to the 
                fundamentals of educational opportunity for each public 
                school in the State.
                    (B) A timeline for improvement that includes annual 
                interim goals for increasing the number of public 
                schools and school districts in the State that have 
                ideal or adequate levels of access (as defined by the 
                State under section 113) to each of the fundamentals of 
                educational opportunity, in order to achieve the 
                required levels of access within the time described in 
                subparagraph (A).
                    (C) Implementation of a single, statewide 
                accountability system to ensure that the State achieves 
                the interim goals described in subparagraph (B).
            (2) 2-year remediation for comparable educational 
        services.--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.
    (b) Disapproval of Plan.--The Secretary may disapprove a plan (or 
amendment) submitted under subsection (a) that the Secretary determines 
does not meet the requirements of such subsection.

SEC. 123. CONSEQUENCES OF NONREMEDIATION.

    (a) Failure To Meet Annual Interim Access Goals.--Notwithstanding 
any other provision of law and in addition to any other consequence 
under this section, the Secretary shall withhold 3\1/3\ 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.
    (b) Continuing Failure To Provide Comparable Educational 
Services.--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\1/3\ percent of 
funds otherwise available to the State for administration of Federal 
elementary and secondary education programs.
    (c) Noncompliance With Court Orders.--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\1/3\ percent of funds 
otherwise available to the State for the administration of Federal 
elementary and secondary education programs.
    (d) Disposition of Withheld Funds.--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:
            (1) 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).
            (2) 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 school districts 
        affected by the State's failure to make adequate remediation, 
        for the purpose of enabling the school or school district to 
        correct such condition.
    (e) Temporary Waiver.--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--
            (1) 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
            (2) 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.

                Subtitle C--Public Reporting and Remedy

SEC. 131. ANNUAL REPORT BY SECRETARY ON ADEQUACY AND EQUITY IN STATE 
              PUBLIC SCHOOL SYSTEMS.

    (a) Annual Report to Congress.--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.
    (b) Contents of Report.--The analysis under subsection (a) shall 
include the following information with respect to each State's public 
school system:
            (1) Basic public school system information.--
                    (A) The number of students, elementary schools, 
                secondary schools, and school districts in the public 
                school system.
                    (B) For each such school and school district, the 
                number and percentage of--
                            (i) children counted under section 1124(c) 
                        of the Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 6333(c)); and
                            (ii) students, disaggregated by groups 
                        described in section 1111(b)(3)(C)(xiii) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311(b)(3)(C)(xiii)).
                    (C) For each such school, a statement whether the 
                school is an urban, rural, or mixed school (as defined 
                by the Commissioner of Education Statistics).
                    (D) The average per-pupil expenditure (in actual 
                dollars and adjusted for cost and need) for the State 
                and for each school and school district.
                    (E) The decile ranking of each school district, 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).
            (2) Success in providing fundamentals of educational 
        opportunity.--
                    (A) A description of the ideal, adequate, and basic 
                levels of access established by the State under section 
                113 to each of the fundamentals of educational 
                opportunity described under section 112(a).
                    (B) For each school and school district, the 
                following information:
                            (i) The level of access (as established 
                        under section 113) of the school or school 
                        district to each of the fundamentals of 
                        educational opportunity described in section 
                        112(a).
                            (ii) 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 Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(3)(C)(v)).
                            (iii) Whether the school or school district 
                        is making adequate yearly progress under 
                        section 1111(b)(2) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)).
                    (D) The number and names of each school in the 
                State that does not provide each of the fundamentals of 
                educational opportunity described in section 112(a) at 
                an ideal or adequate level (as established under 
                section 113).
            (3) State remediation actions.--If the State is determined 
        under section 121 not to meet the requirements of section 112--
                    (A) a detailed description and evaluation of--
                            (i) the State's success in carrying out any 
                        remediation plan required to be submitted by 
                        the State under section 122; and
                            (ii) any other actions taken, or measures 
                        proposed to be taken, by the State to meet the 
                        requirements of section 112; and
                    (B) a copy of any remediation plan required to be 
                submitted by the State under section 122 (including any 
                amendments).
            (4) Effects on academic achievement.--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 fundamentals of educational opportunity described in 
        section 112(a) provided to students in each school and school 
        district on the outcomes of the academic assessments identified 
        in section 113(b)(1).
            (5) Other information.--
                    (A) The most recent information submitted by the 
                State under section 113(d).
                    (B) 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)).
                    (C) Such other information as the Secretary 
                considers useful and appropriate to include.
    (c) Scope of Report.--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.
    (d) Submission of Data to Secretary.--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 fundamentals of 
educational opportunity described in section 112(a).
    (e) Failure to Submit Data.--If a State fails to submit the data 
required to make a determination under section 121--
            (1) 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
            (2) the Secretary shall--
                    (A) provide, to the extent practicable, the 
                analysis required in subsection (a) for the State based 
                on the best data available to the Secretary; and
                    (B) update the analysis, as necessary, after 
                submission of the data by the State.
    (f) Publication.--The Secretary shall publish and make available to 
the general public (including by means of the Internet) the report 
required under subsection (a).

SEC. 132. CIVIL ACTION FOR ENFORCEMENT.

     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.

  TITLE II--EFFECTS OF EDUCATIONAL DISPARITIES ON ECONOMIC GROWTH AND 
                            NATIONAL DEFENSE

SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUCTIVITY.

    (a) Study.--The Commissioner of 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:
            (1) 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.
            (2) The economic gains to be expected from the elimination 
        of disparities in public school systems that do not meet the 
        requirements of section 112.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Commissioner of Education Statistics shall 
submit to the Congress a final report detailing the results of the 
study required under subsection (a).

SEC. 202. EFFECTS ON NATIONAL DEFENSE.

    (a) Study.--The Commissioner of 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:
            (1) 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--
                    (A) knowledge and skills necessary for the 
                effective functioning of the Armed Forces;
                    (B) the costs to the Armed Forces of training; and
                    (C) efficiency resulting from the use of 
                sophisticated equipment and information technology.
            (2) 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.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Commissioner of Education Statistics shall 
submit to the Congress a final report detailing the results of the 
study required under subsection (a).

                     TITLE III--GENERAL PROVISIONS

SEC. 301. DEFINITIONS.

    In this Act:
            (1) The terms ``elementary school'', ``secondary school'', 
        ``local educational agency'', ``State educational agency'', 
        ``core academic subjects'', ``highly qualified'', ``parent'', 
and ``average per-pupil expenditure'' each have the meanings given 
those terms in section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).
            (2) The term ``public school system'' means a State's 
        system of public elementary and secondary education.
            (3) The term ``Federal elementary and secondary education 
        programs'' means programs providing Federal financial 
        assistance for elementary or secondary education, other than 
        programs under the following provisions of law:
                    (A) The Individuals with Disabilities Education Act 
                (20 U.S.C. 1400 et seq.).
                    (B) Title III of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6801 et seq.).
                    (C) The Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1751 et seq.).
                    (D) The Child Nutrition Act of 1966 (42 U.S.C. 1771 
                et seq.).
            (4) The term ``State'' means the several States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 302. NOTICE AND OPPORTUNITY FOR HEARING.

    The Secretary may make an adverse determination under this Act only 
after notice and opportunity for hearing.

SEC. 303. RULEMAKING.

    The Secretary may prescribe regulations to carry out this Act.

SEC. 304. RULE OF CONSTRUCTION.

     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.
                                 <all>