Table of Contents
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In March, 2010, President Obama laid out his ideas for revamping the Elementary and Secondary Education Act (ESEA), commonly known as No Child Left Behind. The abbreviation, NCLB, is often pronounced “nickel-bee.”
At that time, President Obama released a “Blueprint for Reform” (pdf) that outlined his priorities for the law’s reauthorization. The law was written with the cooperation of Democrats and Republicans in 2001, and signed into law in early 2002 by then-President George W. Bush.
He reintroduced ideas for funding education to “Win the Future” in his January, 2011 State of the Union speech, emphasizing budget priorities that Congress will consider for fiscal year 2010-2011.
In March, 2011, President Obama gave new remarks indicating that he wants to see bipartisan cooperation on revisions to the law and its reauthorization by August, 2011.
How to Use This Site
You’ll see this very long law is divided into its component ten sections, or Title I through Title X. You can jump from Title to Title by clicking on the “Legislative focus group and workshop” in the banner, which returns you to the page that lists all the sections.
Click the apple and eraser to go to the home page of K12NewsNetwork.com for more topical education news.
Within each section, you can add your comments or read those left by others. This is a great opportunity to identify those areas you want your legislator to focus on, and gather feedback from other grassroots parents, educators, and students who want to support and improve public education in America. Please do contact your elected representative and make your views known.
K12NewsNetwork.com also has a legislative agenda where we list bills we support or oppose on POPVOX. We connect you to lawmakers so you can shape the laws that affect your life, and urge you to make use of our page or to contact the district or DC offices of your representative by phone, email, fax, or in a constituent visit to the office.
An Overview of No Child Left Behind
The preamble to this law’s called “Beginning.” It gives you an overview of what the various subsections of the law are called, and functions as an approximate table of contents.
- Title I is the longest, toughest slog. It contains important information on parent involvement in public education, programs on the development of reading skills, the education of migratory children, provisions for at-risk kids from low-income backgrounds, and advanced placement testing. Mixed in are a lot of rules regarding grant applications by local and state education agencies which aren’t really relevant to individuals.
- Title II covers funding used to train teachers and principals. It covers specific programs, like Troops-to-Teachers that help veterans get accreditation for civilian teaching jobs, or the National Writing Project or STEM (science, technology, engineering, or math) education, or teachers who use technology to help them teach.
- Title III addresses Limited English Learners who want to get up to speed in English as well as native speakers of English who seek instruction in global languages.
- Title IV addresses non-curricular parts of school culture that nevertheless are important part of the school day. These parts of the law address safety issues, from student health and freedom from drug or alcohol abuse, to gun-free and smoke-free zones.
- Title V emphasizes parental choice among types of schools, and covers charter schools, which are hybrid public- and private-funded schools that operate under different rules than existing public schools. Also covered here: gifted and talented education, magnet schools, women’s education equity, and physical education. It’s a bit of a catch-all category.
- Title VI talks about flexibility and accountability–again, aimed more at state and local educational agencies that receive federal money. There is one section on calculation of Adequate Yearly Progress, i.e., standardized testing, which is worth looking at, as is the section on Rural Schools.
- Title VII addresses the education of children who are Native Hawaiian, Native Alaskan, or belong to an American Indian nation. Native people have a different relationship to the federal government that takes into account that recognized tribes have treaties and other kinds of historically-based agreements with the federal government.
- Title VIII covers federal payments to a very small number of schools which sound like a one-time peculiarity of funding issues relating to those schools. More broadly, this part of the law allows for federal emergency grants to schools to fix school facilities under certain conditions (if no other way of funding it, such as a bond measure, is possible).
- Title IX gives attention to the federal government’s limited oversight into private schools. This part also addresses rules governing school prayer, equal access to school facilities (such as in school athletic programs where inequality between boys’ and girls’ athletic teams is often an issue), and armed forces recruiting.
- Title X is again a catch-all area that contains amendments and repeals of sections of prior law. Here you’ll find tweaks to education laws pertaining to homeless children, American Indian children (as it intersects with the Bureau of Indian Affairs), and laws having to do with teacher training.
SEC. 301. LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT CHILDREN AND IMMIGRANT CHILDREN AND YOUTH Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: [blank in original] -###-
SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON EFFECTIVENESS OF PARTS. (a) AUTHORIZATIONS OF APPROPRIATIONS- (1) IN GENERAL- Subject to subsection (b), there are authorized to be appropriated to carry out this title, except for subpart 4 of part B, $750,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (2) EMERGENCY IMMIGRANT EDUCATION PROGRAM- There are authorized to be appropriate [...]
SEC. 3101. SHORT TITLE. This part may be cited as the 'English Language Acquisition, Language Enhancement, and Academic Achievement Act'.
SEC. 3102. PURPOSES. The purposes of this part are — (1) to help ensure that children who are limited English proficient, including immigrant children and youth, attain English proficiency, develop high levels of academic attainment in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet; (2) to assist all limited English proficient [...]
SEC. 3111. FORMULA GRANTS TO STATES. (a) IN GENERAL- In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). (b) USE OF FUNDS- (1) SUBGRANTS TO ELIGIBLE ENTITIES- The Secretary may [...]
SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL. (a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: (1) An Indian tribe. (2) A tribally sanctioned educational [...]
SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS. (a) PLAN REQUIRED- Each State educational agency and specially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) CONTENTS- Each plan submitted under subsection (a) shall — (1) describe the process that the agency will use in making subgrants to eligible entities [...]
SEC. 3114. WITHIN-STATE ALLOCATIONS. (a) IN GENERAL- After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(3) shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of li [...]
SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. (a) PURPOSES OF SUBGRANTS- A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of limited English proficient children, by assisting the children to learn English and meet challenging State academic content and student academic achievement standards. In carrying out activities with such [...]
SEC. 3116. LOCAL PLANS. (a) PLAN REQUIRED- Each eligible entity desiring a subgrant from the State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (b) CONTENTS- Each plan submitted under subsection (a) shall — (1) describe the programs and activities proposed to be developed, implemented, and administer [...]
SEC. 3121. EVALUATIONS. a) IN GENERAL- Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes — (1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the two immediately prece [...]
SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY. (a) ACHIEVEMENT OBJECTIVES- (1) IN GENERAL- Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall develop annual measurable achievement objectives for limited English proficient children served under this part that relate to such children's development and attainment of English proficiency while meeting challenging State academic content and stude [...]
SEC. 3123. REPORTING REQUIREMENTS. (a) STATES- Based upon the evaluations provided to a State educational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the effectiveness of such programs and activities in improving the education provided to children who are limited English p [...]
SEC. 3124. COORDINATION WITH RELATED PROGRAMS. In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and limited English proficient children that are administered by the Department and other agencies.
SEC. 3125. RULES OF CONSTRUCTION. Nothing in this part shall be construed — (1) to prohibit a local educational agency from serving limited English proficient children simultaneously with children with similar educational needs, in the same educational settings where appropriate; (2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for limited Engli [...]
SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official.
SEC. 3127. CIVIL RIGHTS. Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.
SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and child [...]
SEC. 3129. PROHIBITION. In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating limited English proficient children. -###-
SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for limited English proficient children and assist educ [...]
SEC. 3141. ELIGIBLE ENTITY. In this part, the term 'eligible entity' means — (1) one or more local educational agencies; or (2) one or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency. -###-
SEC. 3201. SHORT TITLE. This part may be cited as the 'Improving Language Instruction Educational Programs For Academic Achievement Act'.
SEC. 3202. PURPOSE. The purpose of this part is to help ensure that limited English proficient children master English and meet the same rigorous standards for academic achievement as all children are expected to meet, including meeting challenging State academic content and student academic achievement standards by — (1) promoting systemic improvement and reform of, and developing accountability systems for, educational programs serving l [...]
SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL. (a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American (including Alaska Native) children and youth, an Indian tribe, a tribally sanctioned educational authority, a Native Hawaiian or Native American Pacific Islander native language education organization, [...]
SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES. For the purpose of carrying out programs under this part in the outlying areas, the term local educational agency' includes public institutions or agencies whose mission is the preservation and maintenance of native languages. -###-
SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS. The purpose of this subpart is to assist local educational agencies, institutions of higher education, and community-based organizations, through the grants authorized under sections 3212 and 3213 — (1) to develop and enhance their capacity to provide high-quality instruction through language instruction educational programs or special alternative instruction programs t [...]
(a) PROGRAM AUTHORIZED- (1) AUTHORITY- (A) IN GENERAL- The Secretary is authorized to award grants to eligible entities having applications approved under section 3214 to enable such entities to provide innovative, locally designed, high-quality instruction to limited English proficient children, by expanding, developing, or strengthening language instruction educational programs or special alternative instruction programs. (B) PERIOD- Each grant awarded under this section shall be awarded for a [...]
SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES. (a) PROGRAM AUTHORIZED- (1) AUTHORITY- The Secretary is authorized to award grants to eligible entities having applications approved under section 3214 to enable such entities to develop and implement language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant percentages or numbers of limited English proficient childre [...]
SEC. 3214. APPLICATIONS. (a) IN GENERAL- (1) SECRETARY- To receive a grant under this subpart, an eligible entity described in section 3212 or 3213 shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) STATE EDUCATIONAL AGENCY- The eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of the [...]
SEC. 3215. CAPACITY BUILDING. Each recipient of a grant under this subpart shall use the grant in ways that will build such recipient's capacity to continue to offer high-quality language instruction educational programs and special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated.
SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. Notwithstanding any other provision of this part, programs authorized under this subpart that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and ch [...]
SEC. 3217. EVALUATIONS. (a) EVALUATION- Each recipient of funds under this subpart for a program shall annually conduct an evaluation of the program and submit to the Secretary a report concerning the evaluation, in the form prescribed by the Secretary. (b) USE OF EVALUATION- Such evaluation shall be used by the grant recipient — (1) for program improvement; (2) to further define the program's goals and objectives; and [...]
SEC. 3218. CONSTRUCTION. Nothing in this subpart shall be construed to prohibit a local educational agency from serving limited English proficient children simultaneously with children with similar educational needs, in the same educational settings where appropriate. -###-
SEC. 3221. AUTHORITY. (a) IN GENERAL- The Secretary is authorized to conduct data collection, dissemination, research, and ongoing program evaluation activities in accordance with the provisions of this subpart for the purpose of improving language instruction educational programs and special alternative instruction programs for limited English proficient children. (b) COMPETITIVE AWARDS- Research and program evaluation activities carried out under this subpart [...]
SEC. 3222. RESEARCH. (a) ADMINISTRATION- The Secretary shall conduct research activities authorized by this subpart through the Office of Educational Research and Improvement in coordination and collaboration with the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. (b) REQUIREMENTS- Such research activities — (1) shall have a practical application to teachers, counselors, [...]
SEC. 3223. ACADEMIC EXCELLENCE AWARDS. (a) AUTHORITY- The Secretary may make grants to State educational agencies to assist the agencies in recognizing local educational agencies and other public and nonprofit entities whose programs have — (1) demonstrated significant progress in assisting limited English proficient children to learn English according to age appropriate and developmentally appropriate standards; and (2) demonstrated significant [...]
SEC. 3224. STATE GRANT PROGRAM. (a) STATE GRANT PROGRAM- The Secretary is authorized to make an award to a State educational agency that demonstrates, to the satisfaction of the Secretary, that such agency, through such agency's programs and other Federal education programs, effectively provides for the education of limited English proficient children within the State. (b) PAYMENTS- The amount paid to a State educational agency under subsection (a) shall not exce [...]
SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT. (a) IN GENERAL- The Secretary may make grants for the development, publication, and dissemination of high-quality instruction materials — (1) in Native American languages (including Native Hawaiian languages and the language of Native American Pacific Islanders), and the language of natives of the outlying areas, for which instruction materials are not readily available; and (2) in other low-inciden [...]
SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS. (a) PURPOSE- The purpose of this section is to provide assistance to prepare educators to improve educational services for limited English proficient children by — (1) supporting professional development programs and activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language instruction educational programs to provide effective services to lim [...]
SEC. 3241. PURPOSE. The purpose of this subpart is to assist eligible local educational agencies that experience unexpectedly large increases in their student population due to immigration — (1) to provide high-quality instruction to immigrant children and youth; and (2) to help such children and youth — (A) with their transition into American society; and (B) meet the same challenging State academic content and student [...]
SEC. 3242. STATE ADMINISTRATIVE COSTS. For any fiscal year, a State educational agency may reserve not more than 1.5 percent (2 percent if the State educational agency distributes funds received under this subpart to local educational agencies on a competitive basis) of the amount allotted to such agency under section 3244 to pay the costs of performing such agency's administrative functions under this subpart.
SEC. 3243. WITHHOLDING. Whenever the Secretary, after providing reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to comply with a requirement of any provision of this subpart, the Secretary shall notify that agency that further payments will not be made to the agency under this subpart or, in the discretion of the Secretary, that the State educational agency shall not make further payments under this subpart [...]
SEC. 3244. STATE ALLOTMENTS. (a) PAYMENTS- The Secretary shall, in accordance with the provisions of this section, make payments to State educational agencies for each of the fiscal years 2002 through 2008 for the purpose set forth in section 3241. (b) ALLOTMENTS- (1) IN GENERAL- Except as provided in subsections (c) and (d), of the amount appropriated for each fiscal year for this subpart, each State participating in the program assisted under this sub [...]
SEC. 3245. STATE APPLICATIONS. (a) SUBMISSION- No State educational agency shall receive any payment under this subpart for any fiscal year unless such agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall — (1) provide that the educational programs, services, and activities for which payments under this subpart are [...]
SEC. 3246. ADMINISTRATIVE PROVISIONS. (a) NOTIFICATION OF AMOUNT- The Secretary, not later than June 1 of each year, shall notify each State educational agency that has an application approved under section 3245 of the amount of such agency's allotment under section 3244 for the succeeding year. (b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED IN NONPUBLIC SCHOOLS- If by reason of any provision of law a local educational agency is prohibited from prov [...]
SEC. 3247. USES OF FUNDS. (a) USE OF FUNDS- Funds awarded under this subpart shall be used to pay for enhanced instructional opportunities for immigrant children and youth, which may include — (1) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; (2) support of personnel, including teacher aides who have been specifically trained, or are bei [...]
SEC. 3248. REPORTS. (a) BIENNIAL REPORT- Each State educational agency receiving funds under this subpart shall submit, once every 2 years, a report to the Secretary concerning the expenditure of funds by local educational agencies under this subpart. Each local educational agency receiving funds under this subpart shall submit to the State educational agency such information as may be necessary for such report. (b) REPORT TO CONGRESS- The Secretary shall submit [...]
SEC. 3251. RELEASE TIME. The Secretary shall allow entities carrying out professional development programs funded under this part to use funds provided under this part for professional release time to enable individuals to participate in programs assisted under this part.
SEC. 3252. NOTIFICATION. A State educational agency, and when applicable, the State board for postsecondary education, shall be notified within 3 working days after the date an award under this part is made to an eligible entity within the State.
SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS. (a) COORDINATION WITH RELATED PROGRAMS- In order to maximize Federal efforts aimed at serving the educational needs of children and youth of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other programs serving language-minority and limited English proficient children that are administered by the Department and other agencies. The Secretary shall consult with the Secretary of [...]
SEC. 3301. DEFINITIONS. Except as otherwise provided, in this title: (1) CHILD- The term child' means any individual aged 3 through 21. (2) COMMUNITY-BASED ORGANIZATION- The term community-based organization' means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or rela [...]
SEC. 3302. PARENTAL NOTIFICATION. (a) IN GENERAL- Each eligible entity using funds provided under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the school year, inform a parent or the parents of a limited English proficient child identified for participation in, or participating in, such program of — (1) the reasons for the identification of their child as limited English proficient and in [...]
SEC. 3303. NATIONAL CLEARINGHOUSE. The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall — (1) be administered as an adjunct clearinghouse of [...]
SEC. 3304. REGULATIONS. In developing regulations under this title, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel involved in the education of limited English proficient children.'. -###-