 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                  subpart 1--basic program requirements
 
Sec. 6311. State plans


(a) Plans required

                           (1) In general

        Any State desiring to receive a grant under this part shall 
    submit to the Secretary a plan, developed in consultation with local 
    educational agencies, teachers, pupil services personnel, 
    administrators, other staff, and parents, that satisfies the 
    requirements of this section and that is coordinated with other 
    programs under this chapter, the Goals 2000: Educate America Act [20 
    U.S.C. 5801 et seq.], and other Acts, as appropriate, consistent 
    with section 8856 of this title.

                       (2) Consolidation plan

        A State plan submitted under paragraph (1) may be submitted as 
    part of a consolidation plan under section 8852 of this title.

(b) Standards and assessments

                      (1) Challenging standards

        (A) Each State plan shall demonstrate that the State has 
    developed or adopted challenging content standards and challenging 
    student performance standards that will be used by the State, its 
    local educational agencies, and its schools to carry out this part, 
    except that a State shall not be required to submit such standards 
    to the Secretary.
        (B) If a State has State content standards or State student 
    performance standards developed under title III \1\ of the Goals 
    2000: Educate America Act and an aligned set of assessments for all 
    students developed under such title, or, if not developed under such 
    title, adopted under another process, the State shall use such 
    standards and assessments, modified, if necessary, to conform with 
    the requirements of subparagraphs (A) and (D) of this paragraph, and 
    paragraphs (2) and (3).
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    \1\ See References in Text note below.
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        (C) If a State has not adopted State content standards and State 
    student performance standards for all students, the State plan shall 
    include a strategy and schedule for developing State content 
    standards and State student performance standards for elementary and 
    secondary school children served under this part in subjects as 
    determined by the State, but including at least mathematics and 
    reading or language arts by the end of the one-year period described 
    in paragraph (6), which standards shall include the same knowledge, 
    skills, and levels of performance expected of all children.
        (D) Standards under this paragraph shall include--
            (i) challenging content standards in academic subjects 
        that--
                (I) specify what children are expected to know and be 
            able to do;
                (II) contain coherent and rigorous content; and
                (III) encourage the teaching of advanced skills;

            (ii) challenging student performance standards that--
                (I) are aligned with the State's content standards;
                (II) describe two levels of high performance, proficient 
            and advanced, that determine how well children are mastering 
            the material in the State content standards; and
                (III) describe a third level of performance, partially 
            proficient, to provide complete information about the 
            progress of the lower performing children toward achieving 
            to the proficient and advanced levels of performance.

        (E) For the subjects in which students will be served under this 
    part, but for which a State is not required by subparagraphs (A), 
    (B), and (C) to develop, and has not otherwise developed such 
    standards, the State plan shall describe a strategy for ensuring 
    that such students are taught the same knowledge and skills and held 
    to the same expectations as are all children.

                         (2) Yearly progress

        (A) Each State plan shall demonstrate, based on assessments 
    described under paragraph (3), what constitutes adequate yearly 
    progress of--
            (i) any school served under this part toward enabling 
        children to meet the State's student performance standards; and
            (ii) any local educational agency that received funds under 
        this part toward enabling children in schools receiving 
        assistance under this part to meet the State's student 
        performance standards.

        (B) Adequate yearly progress shall be defined in a manner--
            (i) that is consistent with guidelines established by the 
        Secretary that result in continuous and substantial yearly 
        improvement of each local educational agency and school 
        sufficient to achieve the goal of all children served under this 
        part meeting the State's proficient and advanced levels of 
        performance, particularly economically disadvantaged and limited 
        English proficient children; and
            (ii) that links progress primarily to performance on the 
        assessments carried out under this section while permitting 
        progress to be established in part through the use of other 
        measures.

                           (3) Assessments

        Each State plan shall demonstrate that the State has developed 
    or adopted a set of high-quality, yearly student assessments, 
    including assessments in at least mathematics and reading or 
    language arts, that will be used as the primary means of determining 
    the yearly performance of each local educational agency and school 
    served under this part in enabling all children served under this 
    part to meet the State's student performance standards. Such 
    assessments shall--
            (A) be the same assessments used to measure the performance 
        of all children, if the State measures the performance of all 
        children;
            (B) be aligned with the State's challenging content and 
        student performance standards and provide coherent information 
        about student attainment of such standards;
            (C) be used for purposes for which such assessments are 
        valid and reliable, and be consistent with relevant, nationally 
        recognized professional and technical standards for such 
        assessments;
            (D) measure the proficiency of students in the academic 
        subjects in which a State has adopted challenging content and 
        student performance standards and be administered at some time 
        during--
                (i) grades 3 through 5;
                (ii) grades 6 through 9; and
                (iii) grades 10 through 12;

            (E) involve multiple up-to-date measures of student 
        performance, including measures that assess higher order 
        thinking skills and understanding;
            (F) provide for--
                (i) the participation in such assessments of all 
            students;
                (ii) the reasonable adaptations and accommodations for 
            students with diverse learning needs, necessary to measure 
            the achievement of such students relative to State content 
            standards; and
                (iii) the inclusion of limited English proficient 
            students who shall be assessed, to the extent practicable, 
            in the language and form most likely to yield accurate and 
            reliable information on what such students know and can do, 
            to determine such students' mastery of skills in subjects 
            other than English;

            (G) include students who have attended schools in a local 
        educational agency for a full academic year but have not 
        attended a single school for a full academic year, however the 
        performance of students who have attended more than one school 
        in the local educational agency in any academic year shall be 
        used only in determining the progress of the local educational 
        agency;
            (H) provide individual student interpretive and descriptive 
        reports, which shall include scores, or other information on the 
        attainment of student performance standards; and
            (I) enable results to be disaggregated within each State, 
        local educational agency, and school by gender, by each major 
        racial and ethnic group, by English proficiency status, by 
        migrant status, by students with disabilities as compared to 
        nondisabled students, and by economically disadvantaged students 
        as compared to students who are not economically disadvantaged.

                          (4) Special rule

        Assessment measures that do not meet the requirements of 
    paragraph (3)(C) may be included as one of the multiple measures, if 
    a State includes in the State plan information regarding the State's 
    efforts to validate such measures.

                      (5) Language assessments

        Each State plan shall identify the languages other than English 
    that are present in the participating student population and 
    indicate the languages for which yearly student assessments are not 
    available and are needed. The State shall make every effort to 
    develop such assessments and may request assistance from the 
    Secretary if linguistically accessible assessment measures are 
    needed. Upon request, the Secretary shall assist with the 
    identification of appropriate assessment measures in the needed 
    languages through the Office of Bilingual Education and Minority 
    Languages Affairs.

               (6) Standard and assessment development

        (A) A State that does not have challenging State content 
    standards and challenging State student performance standards, in at 
    least mathematics and reading or language arts, shall develop such 
    standards within one year of receiving funds under this part after 
    the first fiscal year for which such State receives such funds after 
    October 20, 1994.
        (B) A State that does not have assessments that meet the 
    requirements of paragraph (3) in at least mathematics and reading or 
    language arts shall develop and test such assessments within four 
    years (one year of which shall be used for field testing such 
    assessment), of receiving funds under this part after the first 
    fiscal year for which such State receives such funds after October 
    20, 1994, and shall develop benchmarks of progress toward the 
    development of such assessments that meet the requirements of 
    paragraph (3), including periodic updates.
        (C) The Secretary may extend for one additional year the time 
    for testing new assessments under subparagraph (B) upon the request 
    of the State and the submission of a strategy to correct problems 
    identified in the field testing of such new assessments.
        (D) If, after the one-year period described in subparagraph (A), 
    a State does not have challenging State content and challenging 
    student performance standards in at least mathematics and reading or 
    language arts, a State shall adopt a set of standards in these 
    subjects such as the standards and assessments contained in other 
    State plans the Secretary has approved.
        (E) If, after the four-year period described in subparagraph 
    (B), a State does not have assessments, in at least mathematics and 
    reading or language arts, that meet the requirement of paragraph 
    (3), and is denied an extension under subparagraph (C), a State 
    shall adopt an assessment that meets the requirement of paragraph 
    (3) such as one contained in other State plans the Secretary has 
    approved.

                    (7) Transitional assessments

        (A) If a State does not have assessments that meet the 
    requirements of paragraph (3) and proposes to develop such 
    assessments under paragraph (6)(B), the State may propose to use a 
    transitional set of yearly statewide assessments that will assess 
    the performance of complex skills and challenging subject matter.
        (B) For any year in which a State uses transitional assessments, 
    the State shall devise a procedure for identifying local educational 
    agencies under paragraphs (3) and (7) of section 6317(d) of this 
    title, and schools under paragraphs (1) and (7) of section 6317(c) 
    of this title, that rely on accurate information about the academic 
    progress of each such local educational agency and school.

                           (8) Requirement

        Each State plan shall describe--
            (A) how the State educational agency will help each local 
        educational agency and school affected by the State plan develop 
        the capacity to comply with each of the requirements of sections 
        6312(c)(1)(D), 6314(b), and 6315(c) of this title that is 
        applicable to such agency or school; and
            (B) such other factors the State deems appropriate to 
        provide students an opportunity to achieve the knowledge and 
        skills described in the challenging content standards adopted by 
        the State.

(c) Other provisions to support teaching and learning

    Each State plan shall contain assurances that--
        (1)(A) the State educational agency will implement a system of 
    school support teams under section 6318(c) of this title, including 
    provision of necessary professional development for those teams;
        (B) the State educational agency will work with other agencies, 
    including educational service agencies or other local consortia, and 
    institutions to provide technical assistance to local educational 
    agencies and schools to carry out the State educational agency's 
    responsibilities under this part, including technical assistance in 
    providing professional development under section 6320 of this title 
    and technical assistance under section 6318 of this title; and
        (C)(i) where educational service agencies exist, the State 
    educational agency will consider providing professional development 
    and technical assistance through such agencies; and
        (ii) where educational service agencies do not exist, the State 
    educational agency will consider providing professional development 
    and technical assistance through other cooperative agreements such 
    as through a consortium of local educational agencies;
        (2) the State educational agency will notify local educational 
    agencies and the public of the standards and assessments developed 
    under this section, and of the authority to operate schoolwide 
    programs, and will fulfill the State educational agency's 
    responsibilities regarding local educational agency improvement and 
    school improvement under section 6317 of this title, including such 
    corrective actions as are necessary;
        (3) the State educational agency will provide the least 
    restrictive and burdensome regulations for local educational 
    agencies and individual schools participating in a program assisted 
    under this part;
        (4) the State educational agency will encourage the use of funds 
    from other Federal, State, and local sources for schoolwide reform 
    in schoolwide programs under section 6314 of this title;
        (5) the Committee of Practitioners established under section 
    6513(b) of this title will be substantially involved in the 
    development of the plan and will continue to be involved in 
    monitoring the plan's implementation by the State;
        (6) the State will coordinate activities funded under this part 
    with school-to-work, vocational education, cooperative education and 
    mentoring programs, and apprenticeship programs involving business, 
    labor, and industry, as appropriate; and
        (7) the State educational agency will encourage local 
    educational agencies and individual schools participating in a 
    program assisted under this part to offer family literacy services 
    (using funds under this part), if the agency or school determines 
    that a substantial number of students served under this part by the 
    agency or school have parents who do not have a high school diploma 
    or its recognized equivalent or who have low levels of literacy.

(d) Peer review and secretarial approval

                           (1) In general

        The Secretary shall--
            (A) establish a peer review process to assist in the review 
        and recommendations for revision of State plans;
            (B) appoint individuals to the peer review process who are 
        representative of State educational agencies, local educational 
        agencies, teachers, and parents;
            (C) following an initial peer review, approve a State plan 
        the Secretary determines meets the requirements of subsections 
        (a), (b), and (c) of this section;
            (D) if the Secretary determines that the State plan does not 
        meet the requirements of subsection (a), (b), or (c) of this 
        section, immediately notify the State of such determination and 
        the reasons for such determination;
            (E) not decline to approve a State's plan before--
                (i) offering the State an opportunity to revise its 
            plan;
                (ii) providing technical assistance in order to assist 
            the State to meet the requirements under subsections (a), 
            (b), and (c) of this section; and
                (iii) providing a hearing; and

            (F) have the authority to disapprove a State plan for not 
        meeting the requirements of this part, but shall not have the 
        authority to require a State, as a condition of approval of the 
        State plan, to include in, or delete from, such plan one or more 
        specific elements of the State's content standards or to use 
        specific assessment instruments or items.

                           (2) Withholding

        The Secretary may withhold funds for State administration and 
    activities under section 6318 of this title until the Secretary 
    determines that the State plan meets the requirements of this 
    section.

(e) Duration of plan

                           (1) In general

        Each State plan shall--
            (A) remain in effect for the duration of the State's 
        participation under this part; and
            (B) be periodically reviewed and revised by the State, as 
        necessary, to reflect changes in the State's strategies and 
        programs under this part.

                     (2) Additional information

        If the State makes significant changes in its plan, such as the 
    adoption of new State content standards and State student 
    performance standards, new assessments, or a new definition of 
    adequate progress, the State shall submit such information to the 
    Secretary.

(f) Limitation on conditions

    Nothing in this part shall be construed to authorize an officer or 
employee of the Federal Government to mandate, direct, or control a 
State, local educational agency, or school's specific instructional 
content or student performance standards and assessments, curriculum, or 
program of instruction, as a condition of eligibility to receive funds 
under this part.

(g) Special rule

    If the aggregate State expenditure by a State educational agency for 
the operation of elementary and secondary education programs in the 
State is less than such agency's aggregate Federal expenditure for the 
State operation of all Federal elementary and secondary education 
programs, then the State plan shall include assurances and specific 
provisions that such State will provide State expenditures for the 
operation of elementary and secondary education programs equal to or 
exceeding the level of Federal expenditures for such operation by 
October 1, 1998.

(Pub. L. 89-10, title I, Sec. 1111, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3523; amended Pub. L. 104-134, title 
I, Sec. 101(d) [title VII, Sec. 703(b)(1)], Apr. 26, 1996, 110 Stat. 
1321-211, 1321-254; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title 
XVI, Sec. 1603], Dec. 21, 2000, 114 Stat. 2763, 2763A-328.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsecs. (a)(1) 
and (b)(1)(B), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except 
titles V and IX), as amended, which is classified principally to chapter 
68 (Sec. 5801 et seq.) of this title (except subchapters V (Sec. 5931 et 
seq.) and IX (Sec. 6001 et seq.)). Title III of the Act was classified 
generally to subchapter III (Sec. 5881 et seq.) of chapter 68 of this 
title and was repealed by Pub. L. 106-113, div. B, Sec. 1000(a)(4) 
[title III, Sec. 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5801 of this title and Tables.


                               Amendments

    2000--Subsec. (c)(7). Pub. L. 106-554 added par. (7).
    1996--Subsec. (b)(8)(B). Pub. L. 104-134, Sec. 101(d) [title VII, 
Sec. 703(b)(1)(A)], struck out ``(which may include opportunity-to-learn 
standards or strategies developed under the Goals 2000: Educate America 
Act)'' after ``the State deems appropriate''.
    Subsec. (f). Pub. L. 104-134, Sec. 101(d) [title VII, 
Sec. 703(b)(1)(B)], struck out ``opportunity-to-learn standards or 
strategies,'' before ``curriculum''.
    Subsecs. (g), (h). Pub. L. 104-134, Sec. 101(d) [title VII, 
Sec. 703(b)(1)(C), (D)], redesignated subsec. (h) as (g) and struck out 
heading and text of former subsec. (g). Text read as follows: ``Nothing 
in this chapter shall be construed to require any State educational 
agency, local educational agency, or school, to implement opportunity-
to-learn standards or strategies developed by such State under the Goals 
2000: Educate America Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5891b, 6312, 6314, 6316, 
6317, 6318, 6319, 6434, 7421, 7426, 7476, 7814, 8295, 8857 of this 
title.
