[Congressional Record Volume 150, Number 69 (Monday, May 17, 2004)]
[Senate]
[Pages S5541-S5545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Kennedy, Mr. Reed, Mr. Bingaman, 
        Mrs. Clinton, Mr. Sarbanes, Mr. Reid, Mr. Akaka, Mr. Johnson, 
        Ms. Stabenow, Mr. Corzine, Mr. Lautenberg, and Mr. Durbin):
  S. 2428. A bill to provide for educational opportunities for all 
students in State public school systems, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today with Senators Kennedy, Reed, 
Bingaman, Clinton, Sarbanes, Reid, Akaka, Johnson, Stabenow, Corzine, 
Lautenberg and Durbin to introduce the ``Student Bill of Rights.'' This 
bill is critical to ensuring that every child in America receives the 
educational opportunity that is the foundation of America's promise of 
equal opportunity for all.
  The Student Bill of Rights attempts to ensure that every American 
child has an equal opportunity to receive a good education--including, 
highly qualified teachers, challenging curricula, small classes, 
current textbooks, quality libraries, and up-to-date technology--to all 
students in all schools in a State. Current law requires that schools 
within the same district provide comparable educational services. This 
bill would extend that basic protection to the State level by requiring 
comparability across school districts. And, this bill would help ensure 
that States comply with State or Federal court orders concerning the 
fairness of their public school systems.
  Fifty years ago, Brown vs. Board of Education struck down segregation 
in law. Fifty years later, we know that just because there is no 
segregation in law does not mean that it does not persist in fact. 
Fifty years after Brown v. Board of Education, our education system 
remains largely separate and unequal.
  All too often, whether an American child is taught by a high quality 
teacher in a small class, has access to the best courses and 
instructional materials, goes to school in a new, modern building, and 
otherwise benefits from educational resources that have been shown to 
be essential to a quality education, still depends on where the child's 
family can afford to live. In fact, the United States ranks last among 
developed countries in the difference in the quality of schools 
available to wealthy and low-income children. This is simply 
unacceptable, and it is why the Student Bill of Rights is so important 
to our children's ability to achieve academically, to gain the skills 
they need to be responsible, participating citizens in our diverse 
democracy, and to compete and succeed in the global economy.
  Of course, factors besides resources are also important to academic 
achievement--supportive parents, motivated peers, and positive role 
models in the community, just to name a few. But at the same time, we 
also know that adequate resources are vital to providing students with 
the opportunity to receive a solid education.
  This bill does not represent a radical notion. Last Congress, 42 
Senators and 183 Representatives voted for similar legislation that Mr. 
Fattah offered in the other body and I offered here in the Senate. A 
radical notion is the idea that a country founded on the principle of 
equal opportunity for all can continue to accept an educational system 
that provides real educational opportunity for just a select few.
  When he signed the No Child Left Behind Act two years ago, President 
Bush promised that the Federal Government would make sure schools have 
the resources necessary to meet the new law's requirements. This year 
alone, the President's budget resolution underfunds the law by $9.4 
billion. The President's budget also fails to fully funding the Federal 
Government's commitment to special education--leaving families and 
local communities struggling to make up the difference. We will never 
close the achievement gap as long as our nation's most disadvantaged 
students in the neediest schools are forced to make do with far less 
than other students. The Federal Government needs to become a more 
equal partner in funding education.
  States need to do more, too. At the federal level we have created 
programs to help ensure that students from low-income communities start 
school healthy and ready to learn and to succeed in school once they 
get there. Programs such as Head Start, the School Lunch Program, The 
Children's Health Insurance Program and Title I, all assist in meeting 
the needs of low-income kids from their very first days.
  In the end, this bill is about the simple fact that the quality of a 
child's education should not be determined by their zip code. The 
Student Bill of Rights will help ensure that each and every child's 
school has the resources to provide them with a decent education, and 
in turn, an equal opportunity for a successful future.
  I urge my colleagues to join me in supporting the Student Bill of 
Rights, and I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2428

       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. 101. State public school systems.

[[Page S5542]]

Sec. 102. Fundamentals of educational opportunity.

                    Subtitle B--State Accountability

Sec. 111. State accountability plan.
Sec. 112. Consequences of failure to meet requirements.

             Subtitle C--Report to Congress and the Public

Sec. 121. Annual report on State public school systems.

                           Subtitle D--Remedy

Sec. 131. 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. Rulemaking.
Sec. 303. Construction.

     SEC. 3. FINDINGS AND PURPOSES.

       (a) Findings.--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 to achieve the historical aspiration to be one 
     Nation of equal citizens. It is therefore necessary and 
     proper to overcome the nationwide phenomenon of State public 
     school systems that do not meet the requirements of section 
     101(a), in which high-quality public schools typically serve 
     high-income communities and poor-quality schools typically 
     serve low-income, urban, rural, and minority communities.
       (2) There exists in the States a significant educational 
     opportunity gap for low-income, urban, rural, and minority 
     students characterized by the following:
       (A) Continuing disparities within States in students' 
     access to the fundamentals of educational opportunity 
     described in section 102.
       (B) Highly differential educational expenditures (adjusted 
     for cost and need) among school districts within States.
       (C) Radically differential educational achievement among 
     students in school districts within States as measured by the 
     following:
       (i) Achievement in mathematics, reading or language arts, 
     and science on State academic assessments required under 
     section 1111(b)(3) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(3)) and on the National 
     Assessment of Educational Progress.
       (ii) Advanced placement courses taken.
       (iii) SAT and ACT test 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 can afford to live, and the detriments of 
     lower quality 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, Congress, exercising the power to admit new 
     States under section 3 of article IV 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, that the 
     State provide for the establishment and maintenance of 
     systems of public schools open to all children in such State.
       (5) Over the years since the landmark ruling in Brown v. 
     Board of Education, 347 U.S. 483, 493 (1954), when a 
     unanimous 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 States have heard challenges to the 
     establishment, maintenance, and operation of State public 
     school systems that are separate and not educationally 
     adequate.
       (6) In 1970, the Presidential Commission on School Finance 
     found that significant disparities in the distribution of 
     educational resources existed among 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.'' (Exec. Order No. 
     13190, 66 Fed. Reg. 5424 (2001))
       (9) According to the Secretary of Education, as stated in a 
     letter (with enclosures) from the Secretary to States dated 
     January 19, 2001--
       (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) In the amendments made by the No Child Left Behind Act 
     of 2001, Congress--
       (A)(i) required each State to establish standards and 
     assessments in mathematics, reading or language arts, and 
     science; and
       (ii) required schools to ensure that all students are 
     proficient in mathematics, reading or language arts, and 
     science not later than 12 years after the end of the 2001-
     2002 school year, and held schools accountable for the 
     students' progress; and
       (B) required each State to describe how the State will help 
     local educational agencies and schools to develop the 
     capacity to improve student academic achievement.
       (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 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) The persistence of pervasive inadequacies in the 
     quality of education provided by State public school systems 
     effectively deprives millions of children throughout the 
     United States of the opportunity for an education adequate to 
     enable the children to--
       (A) acquire the knowledge and skills necessary for 
     responsible citizenship in a diverse democracy, including the 
     ability to participate fully in the political process through 
     informed electoral choice;
       (B) meet challenging student academic achievement 
     standards; and
       (C) be able to compete and succeed in a global economy.
       (15) Each State government has ultimate authority to 
     determine every important aspect and priority of the public 
     school system that provides elementary and secondary 
     education to children in the State, including whether 
     students throughout the State have access to the fundamentals 
     of educational opportunity described in section 102.
       (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 students have access to the fundamentals of 
     educational opportunity described in section 102 to enable 
     the students to succeed academically and in life.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To further the goals of the Elementary and Secondary 
     Education Act of 1965 (as amended by the No Child Left Behind 
     Act of 2001), by holding States accountable for providing all 
     students with access to the fundamentals of educational 
     opportunity described in section 102.
       (2) To ensure that all students in public elementary 
     schools and secondary schools receive educational 
     opportunities that enable such students to--
       (A) acquire the knowledge and skills necessary for 
     responsible citizenship in a diverse democracy, including the 
     ability to participate fully in the political process through 
     informed electoral choice;
       (B) meet challenging student academic achievement 
     standards; and
       (C) be able to compete and succeed in a global economy.
       (3) To end the pervasive pattern of States maintaining 
     public school systems that do not meet the requirements of 
     section 101(a).

    TITLE I--EDUCATIONAL OPPORTUNITY IN STATE PUBLIC SCHOOL SYSTEMS

             Subtitle A--Access to Educational Opportunity

     SEC. 101. STATE PUBLIC SCHOOL SYSTEMS.

       (a) Requirements.--Each State receiving Federal financial 
     assistance for elementary or secondary education shall ensure 
     that the State's public school system provides all students 
     within the State with an education that enables the students 
     to acquire the knowledge and skills necessary for responsible 
     citizenship in a diverse democracy, including the ability to 
     participate fully in the political process through informed 
     electoral choice, to meet challenging student academic 
     achievement standards, and to be able to compete and 
     succeed in a global economy, through--
       (1) the provision of fundamentals of educational 
     opportunity described in section 102, at adequate or ideal 
     levels as defined by the State under section 111(a)(1)(A) to 
     students

[[Page S5543]]

     at each public elementary school and secondary school in the 
     State;
       (2) the provision of educational services in 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 school districts not 
     receiving such funds; and
       (3) compliance with any final Federal or State court order 
     in any matter concerning the adequacy or equitableness of the 
     State's public school system.
       (b) Determinations Concerning State Public School 
     Systems.--Not later than October 1 of each year, the 
     Secretary shall determine whether each State maintains a 
     public school system that meets the requirements of 
     subsection (a). The Secretary may make a determination that a 
     State public school system does not meet such requirements 
     only after providing notice and an opportunity for a hearing.
       (c) Publication.--The Secretary shall publish and make 
     available to the general public (including by means of the 
     Internet) the determinations made under subsection (b).

     SEC. 102. FUNDAMENTALS OF EDUCATIONAL OPPORTUNITY.

       The fundamentals of educational opportunity are the 
     following:
       (1) Highly qualified teachers, principals, and academic 
     support personnel.--
       (A) Highly qualified teachers.--Instruction from highly 
     qualified teachers in core academic subjects.
       (B) Highly qualified principals.--Leadership, management, 
     and guidance from principals who meet State certification 
     standards.
       (C) Highly qualified academic support personnel.--Necessary 
     additional academic support in reading or language arts, 
     mathematics, and other core academic subjects from personnel 
     who meet applicable State standards.
       (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 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--
       (A) the average class size and the range of class sizes; 
     and
       (B) the percentage of classes with 17 or fewer students.
       (4) Textbooks, instructional materials, and supplies.--
     Textbooks, instructional materials, and supplies, as measured 
     by--
       (A) the average age and quality of textbooks, instructional 
     materials, and supplies used in core academic subjects; and
       (B) the percentage of students who begin the school year 
     with school-issued textbooks, instructional materials, and 
     supplies.
       (5) Library resources.--Library resources, as measured by--
       (A) the size and qualifications of the library's staff, 
     including whether the library is staffed by a full-time 
     librarian certified under applicable State standards;
       (B) the size (relative to the number of students) and 
     quality (including age) of the library's collection of books 
     and periodicals; and
       (C) the library's hours of operation.
       (6) School facilities and computer technology.--
       (A) Quality school facilities.--Quality school facilities, 
     as measured by--
       (i) the physical condition of school buildings and major 
     school building features;
       (ii) environmental conditions in school buildings; and
       (iii) the quality of instructional space.
       (B) Computer technology.--Computer technology, as measured 
     by--
       (i) the ratio of computers to students;
       (ii) the quality of computers and software available to 
     students;
       (iii) Internet access;
       (iv) the quality of system maintenance and technical 
     assistance for the computers; and
       (v) 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 qualified 
     guidance counselors who have been certified under an 
     applicable State or national program.

                    Subtitle B--State Accountability

     SEC. 111. STATE ACCOUNTABILITY PLAN.

       (a) General Plan.--
       (1) Contents.--Each State receiving Federal financial 
     assistance for elementary and secondary education shall 
     annually submit to the Secretary a plan, developed by the 
     State educational agency, in consultation with local 
     educational agencies, teachers, principals, pupil services 
     personnel, administrators, other staff, and parents, that 
     contains the following:
       (A) A description of 2 levels of high access (adequate and 
     ideal) to each of the fundamentals of educational opportunity 
     described in section 102 that measure how well the State, 
     through school districts, public elementary schools, and 
     public secondary schools, is achieving the purposes of this 
     Act by providing children with the resources they need to 
     succeed academically and in life.
       (B) A description of a third level of access (basic) to 
     each of the fundamentals of educational opportunity described 
     in section 102 that measures how well the State, through 
     school districts, public elementary schools, and public 
     secondary schools, is achieving the purposes of this Act by 
     providing children with the resources they need to succeed 
     academically and in life.
       (C) A description of the level of access of each school 
     district, public elementary school, and public secondary 
     school in the State to each of the fundamentals of 
     educational opportunity described in section 102, including 
     identification of any such schools that lack high access (as 
     described in subparagraph (A)) to any of the fundamentals.
       (D) An estimate of the additional cost, if any, of ensuring 
     that the system meets the requirements of section 101(a).
       (E) Information stating the percentage of students in each 
     school district, public elementary school, and public 
     secondary school in the State that are proficient in 
     mathematics, reading or language arts, and science, as 
     measured through assessments administered as described in 
     section 1111(b)(3)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(v)).
       (F) Information stating whether each school district, 
     public elementary school, and public secondary school in the 
     State is making adequate yearly progress, as defined under 
     section 1111(b)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)).
       (G)(i) For each school district, public elementary school, 
     and public secondary school in the State, information 
     stating--
       (I) the number and percentage of children counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)); and
       (II) the number and percentage of students 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)).
       (ii) For each such school district, information stating 
     whether the district is an urban, mixed, or rural district 
     (as defined by the National Center for Education Statistics).
       (2) Levels of access.--For purposes of the plan submitted 
     under paragraph (1)--
       (A) in defining basic, adequate, and ideal levels of access 
     to each of the fundamentals of educational opportunity, each 
     State shall consider, in addition to the factors described in 
     section 102, the access available to students in the highest-
     achieving decile of public elementary schools and secondary 
     schools, the unique needs of low-income, urban and rural, and 
     minority students, and other educationally appropriate 
     factors; and
       (B) the levels of access described in subparagraphs (A) and 
     (B) of paragraph (1) shall be aligned with the challenging 
     academic content standards, challenging student academic 
     achievement standards, and high-quality academic assessments 
     required under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.).
       (3) Information.--The State shall annually disseminate to 
     parents, in an understandable and uniform format, the 
     descriptions, estimate, and information described in 
     paragraph (1).
       (b) Accountability and Remediation.--
       (1) Accountability.--If the Secretary determines under 
     section 101(b) that a State maintains a public school system 
     that fails to meet the requirements of section 101(a)(1), the 
     plan submitted under subsection (a)(1) shall--
       (A) demonstrate that the State has developed and is 
     implementing a single, statewide State accountability system 
     that will be effective in ensuring that the State makes 
     adequate yearly progress under this Act (as defined by the 
     State in a manner that annually reduces the number of public 
     elementary schools and secondary schools in the State without 
     high access (as described in subsection (a)(1)(A)) to each of 
     the fundamentals of educational opportunity described in 
     section 102);
       (B) demonstrate, based on the levels of access described in 
     paragraph (1) what constitutes adequate yearly progress of 
     the State under this Act toward providing all students with 
     high access to the fundamentals of educational opportunity 
     described in section 102; and
       (C) ensure--
       (i) the establishment of a timeline for that adequate 
     yearly progress that includes interim yearly goals for the 
     reduction of the number of public elementary schools and 
     secondary schools in the State without high access to each of 
     the fundamentals of educational opportunity described in 
     section 102; and
       (ii) that not later than 12 years after the end of the 
     2001-2002 school year, each public elementary or secondary 
     school in the State shall have high access to each of the 
     fundamentals of educational opportunity described in section 
     102.
       (2) Remediation.--If the Secretary determines under section 
     101(b) that a State maintains a public school system that 
     fails to meet the requirements of section 101(a)(2), not 
     later than 1 year after the Secretary makes the 
     determination, the State shall include in the plan submitted 
     under subsection (a)(1) a strategy to remediate the 
     conditions that caused the Secretary to make such 
     determination, not later than the end of the second school 
     year beginning after submission of the plan.
       (c) Amendments.--A State may amend the plan submitted under 
     subsection (a)(1) to improve the plan or to take into account 
     significantly changed circumstances.

[[Page S5544]]

       (d) Disapproval.--The Secretary may disapprove the plan 
     submitted under subsection (a)(1) (or an amendment to such a 
     plan) if the Secretary determines, after notice and 
     opportunity for hearing, that the plan (or amendment) is 
     inadequate to meet the requirements described in subsections 
     (a) and (b).
       (e) Waiver.--
       (1) In general.--A State may request, and the Secretary may 
     grant, a waiver of the requirements of subsections (a) and 
     (b) for 1 year for exceptional circumstances, such as a 
     precipitous decrease in State revenues, or another 
     circumstance that the Secretary determines to be exceptional, 
     that prevents a State from complying with the requirements of 
     subsections (a) and (b).
       (2) Contents of waiver request.--A State that requests a 
     waiver under paragraph (1) shall include in the request--
       (A) a description of the exceptional circumstance that 
     prevents the State from complying with the requirements of 
     subsections (a) and (b); and
       (B) a plan that details the manner in which the State will 
     comply with such requirements by the end of the waiver 
     period.

     SEC. 112. CONSEQUENCES OF FAILURE TO MEET REQUIREMENTS.

       (a) Interim Yearly Goals.--
       (1) In general.--For a fiscal year and a State described in 
     section 111(b)(1), the Secretary shall withhold from the 
     State 2.75 percent of funds otherwise available to the State 
     for the administration of Federal elementary and secondary 
     education programs, for each covered goal that the 
     Secretary determines the State is not meeting during that 
     year.
       (2) Definition.--In this subsection, the term ``covered 
     goal'', used with respect to a fiscal year, means an interim 
     yearly goal described in section 111(b)(1)(C)(i) that is 
     applicable to that year or a prior fiscal year.
       (b) Consequences of Nonremediation.--Notwithstanding any 
     other provision of law, if the Secretary determines that a 
     State required to include a strategy under section 111(b)(2) 
     continues to maintain a public school system that does not 
     meet the requirements of section 101(a)(2) at the end of the 
     second school year described in section 111(b)(2), the 
     Secretary shall withhold from the State not more than 33\1/3\ 
     percent of funds otherwise available to the State for the 
     administration of Federal elementary and secondary education 
     programs until the Secretary determines that the State 
     maintains a public school system that meets the requirements 
     of section 101(a)(2).
       (c) Consequences of Noncompliance With Court Orders.--If 
     the Secretary determines under section 101(b) that a State 
     maintains a public school system that fails to meet the 
     requirements of section 101(a)(3), the Secretary shall 
     withhold from the State not more than 33\1/3\ percent of 
     funds otherwise available to the State for the administration 
     of Federal elementary and secondary education programs.
       (d) Disposition of Funds Withheld.--
       (1) Determination.--Not later than 1 year after the 
     Secretary withholds funds from a State under this section, 
     the Secretary shall determine whether the State has corrected 
     the condition that led to the withholding.
       (2) Disposition.--
       (A) Correction.--If the Secretary determines under 
     paragraph (1), that the State has corrected the condition 
     that led to the withholding, the Secretary shall make the 
     withheld funds available to the State to use for the original 
     purpose of the funds during 1 or more fiscal years specified 
     by the Secretary.
       (B) Noncorrection.--If the Secretary determines under 
     paragraph (1), that the State has not corrected the condition 
     that led to the withholding, the Secretary shall allocate the 
     withheld funds to public school districts, public elementary 
     schools, or public secondary schools in the State that are 
     most adversely affected by the condition that led to the 
     withholding, to enable the districts or schools to correct 
     the condition during 1 or more fiscal years specified by the 
     Secretary.
       (3) Availability.--Amounts made available or allocated 
     under subparagraph (A) or (B) of paragraph (2) shall remain 
     available during the fiscal years specified by the Secretary 
     under that subparagraph.

             Subtitle C--Report to Congress and the Public

     SEC. 121. ANNUAL REPORT ON STATE PUBLIC SCHOOL SYSTEMS.

       (a) Annual Report to Congress.--Not later than October 1 of 
     each year, beginning the year after completion of the first 
     full school year after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report that includes a 
     full and complete analysis of the public school system of 
     each State.
       (b) Contents of Report.--The analysis conducted under 
     subsection (a) shall include the following:
       (1) Public school system information.--The following 
     information related to the public school system of each 
     State:
       (A) The number of school districts, public elementary 
     schools, public secondary schools, and students in the 
     system.
       (B)(i) For each such school district and school--
       (I) information stating the number and percentage of 
     children counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and
       (II) the number and percentage of 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)).
       (ii) For each such district, information stating whether 
     the district is an urban, mixed, or rural district (as 
     defined by the National Center for Education Statistics).
       (C) The average per-pupil expenditure (both in actual 
     dollars and adjusted for cost and need) for the State and for 
     each school district in the State.
       (D) Each school district's decile ranking as measured by 
     achievement in mathematics, reading or language arts, and 
     science on State academic assessments required under section 
     1111(b)(3) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(3)) and on the National Assessment of 
     Educational Progress.
       (E) For each school district, public elementary school, and 
     public secondary school--
       (i) the level of access (as described in section 111(a)(1)) 
     to each of the fundamentals of educational opportunity 
     described in section 102;
       (ii) the percentage of students that are proficient in 
     mathematics, reading or language arts, and science, as 
     measured through assessments administered as described in 
     section 1111(b)(3)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(v)); and
       (iii) whether the school district or school is making 
     adequate yearly progress--

       (I) as defined under section 1111(b)(2) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); 
     and
       (II) as defined by the State under section 111(b)(1)(A).

       (F) For each State, the number of public elementary schools 
     and secondary schools that lack, and names of each such 
     school that lacks, high access (as described in section 
     111(a)(1)(A)) to any of the fundamentals of educational 
     opportunity described in section 102.
       (G) For the year covered by the report, a summary of any 
     changes in the data required in subparagraphs (A) through (F) 
     for each of the preceding 3 years (which may be based on such 
     data as are available, for the first 3 reports submitted 
     under subsection (a)).
       (H) Such other information as the Secretary considers 
     useful and appropriate.
       (2) State actions.--For each State that the Secretary 
     determines under section 101(b) maintains a public school 
     system that fails to meet the requirements of section 101(a), 
     a detailed description and evaluation of the success of any 
     actions taken by the State, and measures proposed to be taken 
     by the State, to meet the requirements.
       (3) State plans.--A copy of each State's most recent plan 
     submitted under section 111(a)(1).
       (4) Relationship between compliance and achievement.--An 
     analysis of the relationship between meeting the requirements 
     of section 101(a) and improving student academic achievement, 
     as measured on State academic assessments required under 
     section 1111(b)(3) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(3)).
       (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 determines to be necessary to make a 
     determination under section 101(b) 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 
     102.
       (e) Failure To Submit Data.--If a State fails to submit the 
     data that the Secretary determines to be necessary to make a 
     determination under section 101(b) regarding whether the 
     State maintains a public school system that meets the 
     requirements of section 101(a)--
       (1) such State's public school system shall be deemed not 
     to have met the applicable requirements until the State 
     submits such data and the Secretary is able to make such 
     determination under section 101(b); and
       (2) the Secretary shall provide, to the extent practicable, 
     the analysis required in subsection (a) for the State based 
     on the best data available to the Secretary.
       (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).

                           Subtitle D--Remedy

     SEC. 131. CIVIL ACTION FOR ENFORCEMENT.

       A student or parent of a student aggrieved by a violation 
     of this Act may bring a civil action against the appropriate 
     official in an appropriate Federal district court seeking 
     declaratory or injunctive relief to enforce the requirements 
     of this Act, together with reasonable attorney's fees and the 
     costs of the action.

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

     SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUCTIVITY.

       (a) Study.--The Commissioner for Education Statistics, in 
     consultation with the Secretary of Commerce, Secretary of 
     Labor, Secretary of the Treasury, and the National Research 
     Council of the National Academy of Sciences, shall conduct a 
     comprehensive

[[Page S5545]]

     study concerning the effects on economic growth and 
     productivity of ensuring that each State public school system 
     meets the requirements of section 101(a). Such study shall 
     include assessments of--
       (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 101(a);
       (2) the economic gains to be expected from States' 
     compliance with the requirements of section 101(a); and
       (3) the costs, if any, of ensuring that each State 
     maintains a public school system that meets the requirements 
     of section 101(a).
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commissioner for Education 
     Statistics shall submit to Congress a final report detailing 
     the results of the study required under subsection (a).

     SEC. 202. EFFECTS ON NATIONAL DEFENSE.

       (a) Study.--The Commissioner for Education Statistics, in 
     consultation with the Secretary of Defense, shall conduct a 
     comprehensive study concerning the effects on national 
     defense of ensuring that each State public school system 
     meets the requirements of section 101(a). Such study shall 
     include assessments of--
       (1) the detriments to national defense resulting from the 
     maintenance by States of public school systems that do not 
     meet the requirements of section 101(a), including the 
     effects 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; and
       (2) the gains to national defense to be expected from 
     ensuring that each State public school system meets the 
     requirements of section 101(a).
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commissioner for Education 
     Statistics shall submit to 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) Referenced terms.--The terms ``elementary school'', 
     ``secondary school'', ``local educational agency'', ``highly 
     qualified'', ``core academic subjects'', ``parent'', and 
     ``average per-pupil expenditure'' have the meanings given 
     those terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Federal elementary and secondary education programs.--
     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.).
       (3) Public school system.--The term ``public school 
     system'' means a State's system of public elementary and 
     secondary education.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.

     SEC. 302. RULEMAKING.

       The Secretary may prescribe regulations to carry out this 
     Act.

     SEC. 303. CONSTRUCTION.

       Nothing in this Act shall be construed to require a 
     jurisdiction to increase its property tax or other tax rates 
     or to redistribute revenues from such taxes.
                                 ______