 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
Sec. 6301. Declaration of policy and statement of purpose


(a) Statement of policy

                           (1) In general

        The Congress declares it to be the policy of the United States 
    that a high-quality education for all individuals and a fair and 
    equal opportunity to obtain that education are a societal good, are 
    a moral imperative, and improve the life of every individual, 
    because the quality of our individual lives ultimately depends on 
    the quality of the lives of others.

                        (2) Additional policy

        The Congress further declares it to be the policy of the United 
    States to expand the program authorized by this subchapter over the 
    fiscal years 1996 through 1999 by increasing funding for this 
    subchapter by at least $750,000,000 over baseline each fiscal year 
    and thereby increasing the percentage of eligible children served in 
    each fiscal year with the intent of serving all eligible children by 
    fiscal year 2004.

(b) Recognition of need

    The Congress recognizes that--
        (1) although the achievement gap between disadvantaged children 
    and other children has been reduced by half over the past two 
    decades, a sizable gap remains, and many segments of our society 
    lack the opportunity to become well educated;
        (2) the most urgent need for educational improvement is in 
    schools with high concentrations of children from low-income 
    families and achieving the National Education Goals will not be 
    possible without substantial improvement in such schools;
        (3) educational needs are particularly great for low-achieving 
    children in our Nation's highest-poverty schools, children with 
    limited English proficiency, children of migrant workers, children 
    with disabilities, Indian children, children who are neglected or 
    delinquent, and young children and their parents who are in need of 
    family-literacy services;
        (4) while this subchapter and other programs funded under this 
    chapter contribute to narrowing the achievement gap between children 
    in high-poverty and low-poverty schools, such programs need to 
    become even more effective in improving schools in order to enable 
    all children to achieve high standards; and
        (5) in order for all students to master challenging standards in 
    core academic subjects as described in the third National Education 
    Goal described in section 5812(3) of this title, students and 
    schools will need to maximize the time spent on teaching and 
    learning the core academic subjects.

(c) What has been learned since 1988

    To enable schools to provide all children a high-quality education, 
this subchapter builds upon the following learned information:
        (1) All children can master challenging content and complex 
    problem-solving skills. Research clearly shows that children, 
    including low-achieving children, can succeed when expectations are 
    high and all children are given the opportunity to learn challenging 
    material.
        (2) Conditions outside the classroom such as hunger, unsafe 
    living conditions, homelessness, unemployment, violence, inadequate 
    health care, child abuse, and drug and alcohol abuse can adversely 
    affect children's academic achievement and must be addressed through 
    the coordination of services, such as health and social services, in 
    order for the Nation to meet the National Education Goals.
        (3) Use of low-level tests that are not aligned with schools' 
    curricula fails to provide adequate information about what children 
    know and can do and encourages curricula and instruction that focus 
    on the low-level skills measured by such tests.
        (4) Resources are more effective when resources are used to 
    ensure that children have full access to effective high-quality 
    regular school programs and receive supplemental help through 
    extended-time activities.
        (5) Intensive and sustained professional development for 
    teachers and other school staff, focused on teaching and learning 
    and on helping children attain high standards, is too often not 
    provided.
        (6) Insufficient attention and resources are directed toward the 
    effective use of technology in schools and the role technology can 
    play in professional development and improved teaching and learning.
        (7) All parents can contribute to their children's success by 
    helping at home and becoming partners with teachers so that children 
    can achieve high standards.
        (8) Decentralized decisionmaking is a key ingredient of systemic 
    reform. Schools need the resources, flexibility, and authority to 
    design and implement effective strategies for bringing their 
    children to high levels of performance.
        (9) Opportunities for students to achieve high standards can be 
    enhanced through a variety of approaches such as public school 
    choice and public charter schools.
        (10) Attention to academics alone cannot ensure that all 
    children will reach high standards. The health and other needs of 
    children that affect learning are frequently unmet, particularly in 
    high-poverty schools, thereby necessitating coordination of services 
    to better meet children's needs.
        (11) Resources provided under this subchapter can be better 
    targeted on the highest-poverty local educational agencies and 
    schools that have children most in need.
        (12) Equitable and sufficient resources, particularly as such 
    resources relate to the quality of the teaching force, have an 
    integral relationship to high student achievement.

(d) Statement of purpose

    The purpose of this subchapter is to enable schools to provide 
opportunities for children served to acquire the knowledge and skills 
contained in the challenging State content standards and to meet the 
challenging State performance standards developed for all children. This 
purpose shall be accomplished by--
        (1) ensuring high standards for all children and aligning the 
    efforts of States, local educational agencies, and schools to help 
    children served under this subchapter to reach such standards;
        (2) providing children an enriched and accelerated educational 
    program, including, when appropriate, the use of the arts, through 
    schoolwide programs or through additional services that increase the 
    amount and quality of instructional time so that children served 
    under this subchapter receive at least the classroom instruction 
    that other children receive;
        (3) promoting schoolwide reform and ensuring access of children 
    (from the earliest grades) to effective instructional strategies and 
    challenging academic content that includes intensive complex 
    thinking and problem-solving experiences;
        (4) significantly upgrading the quality of instruction by 
    providing staff in participating schools with substantial 
    opportunities for professional development;
        (5) coordinating services under all parts of this subchapter 
    with each other, with other educational services, and, to the extent 
    feasible, with health and social service programs funded from other 
    sources;
        (6) affording parents meaningful opportunities to participate in 
    the education of their children at home and at school;
        (7) distributing resources, in amounts sufficient to make a 
    difference, to areas and schools where needs are greatest;
        (8) improving accountability, as well as teaching and learning, 
    by using State assessment systems designed to measure how well 
    children served under this subchapter are achieving challenging 
    State student performance standards expected of all children; and
        (9) providing greater decisionmaking authority and flexibility 
    to schools and teachers in exchange for greater responsibility for 
    student performance.

(Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3519.)


                             Effective Date

    Section 3(a)(1) of Pub. L. 103-382 provided that:
    ``(A) Title I [amending generally Pub. L. 89-10 (formerly chapter 47 
of this title, now this chapter)] and the amendment made by title I of 
this Act shall take effect July 1, 1995, except that those provisions of 
title I that apply to programs under title VIII (Impact Aid) of the 
Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.], 
as amended by this Act, and to programs under such Act [this chapter] 
that are conducted on a competitive basis, shall be effective with 
respect to appropriations for use under such programs for fiscal year 
1995 and for subsequent fiscal years.
    ``(B) Title VIII of the Elementary and Secondary Education Act of 
1965 [20 U.S.C. 7701 et seq.], as amended by title I of this Act, shall 
take effect on the date of the enactment of this Act [Oct. 20, 1994].''


                     Short Title of 2000 Amendments

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1601], Dec. 
21, 2000, 114 Stat. 2763, 2763A-328, provided that: ``This title 
[amending sections 6302, 6311, 6361 to 6368, 6369b, 6394, 6661a, 6661i, 
and 8801 of this title and sections 2023 and 2026 of Title 25, Indians, 
and enacting provisions set out as a note under section 6361 of this 
title] may be cited as the `Literacy Involves Families Together Act'.''
    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1701], Dec. 
21, 2000, 114 Stat. 2763, 2763A-335, provided that: ``This title 
[enacting part F of subchapter III of this chapter, amending section 
9134 of this title and section 254 of Title 47, Telegraphs, Telephones, 
and Radiotelegraphs, and enacting provisions set out as notes under 
sections 7001 and 9134 of this title and sections 254, 609, and 902 of 
Title 47] may be cited as the `Children's Internet Protection Act'.''
    Pub. L. 106-398, Sec. 1 [[div. A], title XVIII, Sec. 1801], Oct. 30, 
2000, 114 Stat. 1654, 1654A-368, provided that: ``This title [amending 
sections 1228, 7701 to 7703, 7705, 7707, 7709 to 7713, and 7714 of this 
title, repealing section 7706 of this title, and enacting provisions set 
out as notes under sections 7701, 7703, and 7711 of this title] may be 
cited as the `Impact Aid Reauthorization Act of 2000'.''


                     Short Title of 1998 Amendments

    Pub. L. 105-278, Sec. 1, Oct. 22, 1998, 112 Stat. 2682, provided 
that: ``This Act [enacting sections 8065a to 8065d of this title and 
amending sections 7331, 7351, 8061 to 8065, 8066, 8067, and 8801 of this 
title] may be cited as the `Charter School Expansion Act of 1998'.''
    Pub. L. 105-277, div. D, title I, Sec. 121, Oct. 21, 1998, 112 Stat. 
2681-756, provided that: ``This subtitle [subtitle C (Secs. 121, 122) of 
title I of Pub. L. 105-277, enacting section 7144 of this title] may be 
cited as the `Drug-Free Schools Quality Assurance Act'.''


                     Short Title of 1994 Amendments

    Section 1 of Pub. L. 103-382 provided that: ``This Act [see Tables 
for classification] may be cited as the `Improving America's Schools Act 
of 1994'.''
    Pub. L. 103-227, title X, Sec. 1031, Mar. 31, 1994, 108 Stat. 270, 
provided that: ``This part [part B (Secs. 1031, 1032) of title X of Pub. 
L. 103-227, enacting section 3351 of this title and amending sections 
3381 to 3384 and 3386 of this title] may be cited as the `Gun-Free 
Schools Act of 1994'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-545, Sec. 1, Oct. 27, 1992, 106 Stat. 3586, provided 
that: ``This Act [see Tables for classification] may be cited as the 
`Ready to Learn Act'.''


                      Short Title of 1991 Amendment

    Pub. L. 102-103, title I, Sec. 101, Aug. 17, 1991, 105 Stat. 497, 
provided that: ``This title [see Tables for classification] may be cited 
as the `National Dropout Prevention Act of 1991'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-600, Sec. 1, Nov. 16, 1990, 104 Stat. 3042, provided 
that: ``This Act [see Tables for classification] may be cited as the 
`School Dropout Prevention and Basic Skills Improvement Act of 1990'.''


                      Short Title of 1989 Amendment

    Pub. L. 101-226, Sec. 1, Dec. 12, 1989, 103 Stat. 1928, provided 
that: ``This Act [see Tables for classification] may be cited as the 
`Drug-Free Schools and Communities Act Amendments of 1989'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-569, title II, Sec. 201, Oct. 31, 1988, 102 Stat. 2862, 
provided that: ``This title [see Tables for classification] may be cited 
as the `National Geography Studies Centers Act'.''
    Pub. L. 100-297, Sec. 1(a), Apr. 28, 1988, 102 Stat. 130, provided 
that: ``This Act [see Tables for classification] may be cited as the 
`Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School 
Improvement Amendments of 1988'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-511, Sec. 1, Oct. 19, 1984, 98 Stat. 2366, provided that: 
``This Act [see Tables for classification] may be cited as the 
`Education Amendments of 1984'.''
    Pub. L. 98-511, title IV, Sec. 401(a), Oct. 19, 1984, 98 Stat. 2389, 
provided that: ``This title [see Tables for classification] may be cited 
as the `Women's Educational Equity Amendments of 1984'.''


                      Short Title of 1978 Amendment

    Pub. L. 95-561, Sec. 1, Nov. 1, 1978, 92 Stat. 2143, provided: 
``That this Act [see Tables for classification] may be cited as the 
`Education Amendments of 1978'.''


                      Short Title of 1977 Amendment

    Pub. L. 95-112, Sec. 1, Sept. 24, 1977, 91 Stat. 911, provided: 
``That this Act [see Tables for classification] may be cited as the 
`Education Amendments of 1977'.''


                      Short Title of 1974 Amendment

    Pub. L. 93-380, Sec. 1, Aug. 21, 1974, 88 Stat. 484, provided: 
``That this Act [see Tables for classification] may be cited as the 
`Education Amendments of 1974'.''


                      Short Title of 1970 Amendment

    Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121 [see Tables for 
classification], is popularly known as the ``Elementary and Secondary 
Education Amendments of 1970''.


                      Short Title of 1968 Amendment

    Pub. L. 90-247, Sec. 1, Jan. 2, 1968, 81 Stat. 783, provided that: 
``This Act [see Tables for classification] may be cited as the 
`Elementary and Secondary Education Amendments of 1967'.''


                      Short Title of 1966 Amendment

    Pub. L. 89-750, Sec. 1, Nov. 3, 1966, 80 Stat. 1191, provided: 
``That this Act [see Tables for classification] may be cited as the 
`Elementary and Secondary Education Amendments of 1966'.''


                               Short Title

    Section 1 of Pub. L. 89-10, as added by Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3519, provided that: ``This Act 
[enacting this chapter] may be cited as the `Elementary and Secondary 
Education Act of 1965'.''
    Pub. L. 89-10, title X, Sec. 10971, as added by Pub. L. 106-554, 
Sec. 1(a)(1) [title IX, Sec. 901], Dec. 21, 2000, 114 Stat. 2763, 2763A-
89, provided that: ``This subpart [subpart 2 (Secs. 10971-10978) of part 
J of title X of Pub. L. 89-10, enacting subpart 2 of part J of 
subchapter X of this chapter] may be cited as the `Rural Education 
Achievement Program'.''
    Pub. L. 89-10, title X, Sec. 10999A, as added by Pub. L. 106-554, 
Sec. 1(a)(1) [title VII, Sec. 701], Dec. 21, 2000, 114 Stat. 2763, 
2763A-76, provided that: ``This part [part L (Secs. 10999A-10999L) of 
title X of Pub. L. 89-10, enacting part L of subchapter X of this 
chapter] may be cited as the `Physical Education for Progress Act'.''


                          Transition Provisions

    Section 3(b) of Pub. L. 103-382 provided that: ``Notwithstanding any 
other provision of law, a recipient of funds under the Elementary and 
Secondary Education Act of 1965 [Pub. L. 89-10, formerly chapter 47 
(Sec. 2701 et seq.) of this title, prior to general amendment by Pub. L. 
103-382, Sec. 101], as such Act was in effect on the day preceding the 
date of enactment of this Act [Oct. 20, 1994], may use funds available 
to such recipient under such predecessor authority to carry out 
necessary and reasonable planning and transition activities in order to 
ensure a smooth implementation of programs authorized by this Act [see 
Tables for classification].''


                            Budget Compliance

    Section 561 of Pub. L. 103-382 provided that: ``Any authority or 
requirement to make funds available under this Act [see Tables for 
classification] shall be effective only to the extent provided in 
appropriations Acts.''
    Pub. L. 100-297, title VI, Sec. 6302, Apr. 28, 1988, 102 Stat. 431, 
provided that: ``Any new spending authority (within the meaning of 
section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) 
which is provided under this Act [see Tables for classification] shall 
be effective for any fiscal year only to the extent or in such amounts 
as are provided in appropriation Acts.''

      Ex. Ord. No. 13153. Actions To Improve Low-Performing Schools

    Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Elementary and 
Secondary Education Act of 1965 (ESEA) [20 U.S.C. 6301 et seq.], the 
Department of Education Appropriations Act, 2000 (as contained in Public 
Law 106-113) [Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title III], Nov. 
29, 1999, 113 Stat. 1535, 1501A-242, see Tables for classification], and 
in order to take actions to improve low-performing schools, it is hereby 
ordered as follows:
    Section 1. Policy. Since 1993, this Administration has sought to 
raise standards for students and to increase accountability in public 
education while investing more resources in elementary and secondary 
schools. While much has been accomplished--there has been progress in 
math and reading achievement, particularly for low-achieving students 
and students in our highest poverty schools--much more can be done, 
especially for low-performing schools.
    Sec. 2. Technical Assistance and Capacity Building. (a) The 
Secretary of Education (``Secretary'') shall work with State and local 
educational agencies (``LEAs'') to develop and implement a comprehensive 
strategy for providing technical assistance and other assistance to 
States and LEAs to strengthen their capacity to improve the performance 
of schools identified as low performing. This comprehensive strategy 
shall include a number of steps, such as:
        (1) providing States, school districts, and schools receiving 
    funds from the school improvement fund established by Public Law 
    106-113, as well as other districts and schools identified for 
    school improvement or corrective action under Title I of the ESEA 
    [20 U.S.C. 6301 et seq.], with access to the latest research and 
    information on best practices, including research on instruction and 
    educator professional development, and with the opportunity to learn 
    from exemplary schools and exemplary State and local intervention 
    strategies and from each other, in order to improve achievement for 
    all students in the low-performing schools;
        (2) determining effective ways of providing low-performing 
    schools with access to resources from other Department of Education 
    programs, such as funds from the Comprehensive School Reform 
    Demonstration Program, the Reading Excellence Act [Pub. L. 105-277, 
    div. A, Sec. 101(f) [title VIII], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-391, see Tables for classification], the Eisenhower 
    Professional Development Program, the Class Size Reduction Program, 
    and the 21st Century Community Learning Centers Program, and to make 
    effective use of these funds and Title I funds;
        (3) providing States and LEAs with information on effective 
    strategies to improve the quality of the teaching force, including 
    strategies for recruiting and retaining highly qualified teachers in 
    high-poverty schools, and implementing research-based professional 
    development programs aligned with challenging standards;
        (4) helping States and school districts build partnerships with 
    technical assistance providers, including, but not limited to, 
    federally funded laboratories and centers, foundations, businesses, 
    community-based organizations, institutions of higher education, 
    reform model providers, and other organizations that can help local 
    schools improve;
        (5) identifying previously low-performing schools that have made 
    significant achievement gains, and States and school districts that 
    have been effective in improving the achievement of all students in 
    low-performing schools, which can serve as models and resources;
        (6) providing assistance and information on how to effectively 
    involve parents in the school-improvement process, including 
    effectively involving and informing parents at the beginning of the 
    school year about improvement goals for their school as well as the 
    goals for their own children, and reporting on progress made in 
    achieving these goals;
        (7) providing States and LEAs with information on effective 
    approaches to school accountability, including the effectiveness of 
    such strategies as school reconstitution, peer review teams, and 
    financial rewards and incentives;
        (8) providing LEAs with information and assistance on the design 
    and implementation of approaches to choice among public schools that 
    create incentives for improvement throughout the local educational 
    agency, especially in the lowest-performing schools, and that 
    maximize the opportunity of students in low-performing schools to 
    attend a higher-performing public school;
        (9) exploring the use of well-trained tutors to raise student 
    achievement through initiatives such as ``America Reads,'' ``America 
    Counts,'' and other work-study opportunities to help low-performing 
    schools;
        (10) using a full range of strategies for disseminating 
    information about effective practices, including interactive 
    electronic communications;
        (11) working with the Department of Interior, Bureau of Indian 
    Affairs (BIA), to provide technical assistance to BIA-funded low-
    performing schools; and
        (12) taking other steps that can help improve the quality of 
    teaching and instruction in low-performing schools.
    (b) The Secretary shall, to the extent permitted by law, take 
whatever steps the Secretary finds necessary and appropriate to redirect 
the resources and technical assistance capability of the Department of 
Education (``Department'') to assist States and localities in improving 
low-performing schools, and to ensure that the dissemination of research 
to help turn around low-performing schools is a priority of the 
Department.
    Sec. 3. School Improvement Report. To monitor the progress of LEAs 
and schools in turning around failing schools, including those receiving 
grants from the School Improvement Fund, the Secretary shall prepare an 
annual School Improvement Report, to be published in September of each 
year, beginning in 2000. The report shall:
    (a) describe trends in the numbers of LEAs and schools identified as 
needing improvement and subsequent changes in the academic performance 
of their students;
    (b) identify best practices and significant research findings that 
can be used to help turn around low-performing LEAs and schools; and
    (c) document ongoing efforts as a result of this order and other 
Federal efforts to assist States and local school districts in 
intervening in low-performing schools, including improving teacher 
quality. This report shall be publicly accessible.
    Sec. 4. Compliance Monitoring System. Consistent with the 
implementation of the School Improvement Fund, the Secretary shall 
strengthen the Department's monitoring of ESEA requirements for 
identifying and turning around low-performing schools, as well as any 
new requirements established for the School Improvement Fund by Public 
Law 106-113. The Secretary shall give priority to provisions that have 
the greatest bearing on identifying and turning around low-performing 
schools, including sections 1116 and 1117 of the ESEA [20 U.S.C. 6317, 
6318], and to developing an ongoing, focused, and systematic process for 
monitoring these provisions. This improved compliance monitoring shall 
be designed to:
    (a) ensure that States and LEAs comply with ESEA requirements;
    (b) assist States and LEAs in implementing effective procedures and 
strategies that reflect the best research available, as well as the 
experience of successful schools, school districts, and States as they 
address similar objectives and challenges; and
    (c) assist States, LEAs, and schools in making the most effective 
use of available Federal resources.
    Sec. 5. Consultation. The Secretary shall, where appropriate, 
consult with executive agencies, State and local education officials, 
educators, community-based groups, and others in carrying out this 
Executive order.
    Sec. 6. Judicial Review. This order is intended only to improve the 
internal management of the executive branch and is not intended to, and 
does not create any right or benefit, substantive or procedural, 
enforceable at law or equity by a party against the United States, its 
agencies or instrumentalities, its officers or employees, or any other 
person.
                                                     William J. Clinton.


                               Definitions

    Pub. L. 100-297, title VI, Sec. 6301, Apr. 28, 1988, 102 Stat. 431, 
provided that: ``Except as otherwise provided, for the purpose of this 
Act [see Tables for classification] the terms used in this Act have the 
meanings provided under section 1471 of chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965 [formerly 20 U.S.C. 
2891].''

                  Section Referred to in Other Sections

    This section is referred to in section 6491 of this title.
