 
 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. 6317. Assessment and local educational agency and school 
        improvement
        

(a) Local review

    Each local educational agency receiving funds under this part 
shall--
        (1) use the State assessments described in the State plan;
        (2) use any additional measures or indicators described in the 
    local educational agency's plan to review annually the progress of 
    each school served under this part to determine whether the school 
    is meeting, or making adequate progress as defined in section 
    6311(b)(2)(A)(i) of this title toward enabling its students to meet 
    the State's student performance standards described in the State 
    plan;
        (3) publicize and disseminate to teachers and other staff, 
    parents, students, and the community, the results of the annual 
    review under paragraph (2) of all schools served under this part in 
    individual school performance profiles that include statistically 
    sound disaggregated results as required by section 6311(b)(3)(I) of 
    this title; and
        (4) provide the results of the local annual review to schools so 
    that the schools can continually refine the program of instruction 
    to help all children served under this part in those schools meet 
    the State's student performance standards.

(b) Designation of distinguished schools

    Each State educational agency and local educational agency receiving 
funds under this part shall designate distinguished schools in 
accordance with section 6318 of this title.

(c) School improvement

                           (1) In general

        A local educational agency shall identify for school improvement 
    any school served under this part that--
            (A) has been in program improvement under section 1020 of 
        the Elementary and Secondary Education Act of 1965 (as such 
        section was in effect on the day preceding October 20, 1994), 
        for at least two consecutive school years prior to such day;
            (B) has not made adequate progress as defined in the State's 
        plan under section 6311(b)(2)(A)(i) of this title for two 
        consecutive school years, except that--
                (i) this subparagraph shall not apply to a school if 
            almost every student in such school is meeting the State's 
            advanced level of performance; or
                (ii) in the case of a targeted assistance school, such 
            school may be reviewed on the progress of only those 
            students that have been or are served under this part; or

            (C) has failed to meet the criteria established by the State 
        through the State's transitional procedure under section 
        6311(b)(7)(B) of this title for two consecutive years.

                           (2) Requirement

        (A) Each school identified under paragraph (1) shall--
            (i) in consultation with parents, the local educational 
        agency, and the school support team, develop or revise a school 
        plan in ways that have the greatest likelihood of improving the 
        performance of participating children in meeting the State's 
        student performance standards; and
            (ii) submit the plan or revised plan to the local 
        educational agency for approval.

        (B) Before identifying a school for school improvement under 
    paragraph (1), the local educational agency shall provide the school 
    with an opportunity to review the school-level data, including 
    assessment data, on which such identification is based. If the 
    school believes that such identification for school improvement is 
    in error for statistical or other substantive reasons, such school 
    may provide evidence to the local educational agency to support such 
    belief.
        (C) During the first year immediately following such 
    identification, the school shall implement such school's plan or 
    revised plan.

                    (3) Professional development

        (A) Each school identified under paragraph (1) shall, as part of 
    the school plan under paragraph (2), improve the skills of its staff 
    by providing effective professional development activities. A school 
    shall demonstrate such school's compliance with this paragraph by--
            (i) devoting to such activities, over two consecutive years, 
        an amount equivalent to at least 10 percent of the funds 
        received by the school under this part during one fiscal year; 
        or
            (ii) otherwise demonstrating that such school is effectively 
        carrying out professional development activities.

        (B) A school may use funds from any source to meet the 
    requirements of this subsection.
        (C) Decisions about how to use the funds made available under 
    this part which the school makes available for professional 
    development shall be made by teachers, principals, and other school 
    staff in that school.

                      (4) Technical assistance

        (A) For each school identified under paragraph (1), the local 
    educational agency shall provide technical or other assistance as 
    the school develops and implements such school's plan or revised 
    plan, such as a joint plan between the local educational agency and 
    school that addresses specific elements of student performance 
    problems and that specifies school and local educational agency 
    responsibilities under the plan, and waivers or modifications of 
    requirements of local educational agency policy or regulation that 
    impede the ability of the school to educate students.
        (B) Such technical assistance may be provided directly by the 
    local educational agency, through mechanisms authorized under 
    section 6318 of this title, or with the local educational agency's 
    approval, by an institution of higher education, a private nonprofit 
    organization, an educational service agency, a comprehensive 
    regional assistance center under part A of subchapter XIII of this 
    chapter, or other entities with experience in helping schools 
    improve achievement.

                        (5) Corrective action

        (A) Except as provided in subparagraph (C), after providing 
    technical assistance pursuant to paragraph (4) and taking other 
    remediation measures, the local educational agency may take 
    corrective action at any time against a school that has been 
    identified under paragraph (1), but, during the third year following 
    identification under paragraph (1), shall take such action against 
    any school that still fails to make adequate progress.
        (B)(i) Corrective actions are those, consistent with State and 
    local law, determined and made public and disseminated by the local 
    educational agency, which may include--
            (I) withholding funds;
            (II) interagency collaborative agreements between the school 
        and other public agencies to provide health, counseling, and 
        other social services needed to remove barriers to learning;
            (III) revoking authority for a school to operate a 
        schoolwide program;
            (IV) decreasing decisionmaking authority at the school 
        level;
            (V) making alternative governance arrangements such as the 
        creation of a public charter school;
            (VI) reconstituting the school staff; and
            (VII) authorizing students to transfer, including 
        transportation costs, to other public schools served by the 
        local educational agency.

        (ii) Notwithstanding clause (i), corrective actions taken 
    pursuant to this part shall not include the actions described in 
    subclause (I), (III), (IV), (VI), or (VII) of clause (i) until the 
    State has developed assessments that meet the requirements of 
    subparagraph (C) of section 6311(b)(3) of this title.
        (C) Prior to implementing any corrective action, the local 
    educational agency may refrain from such corrective action for one 
    additional year to the extent that the failure to make progress can 
    be attributed to extenuating circumstances as determined by the 
    local educational agency.
        (D) A school that is no longer operating its schoolwide program 
    due to a corrective action may not resume operation of such a 
    program until the local educational agency determines that the 
    school has adequately reformed its schoolwide program plan to enable 
    the school to make adequate progress toward meeting the State's 
    challenging student performance standards.

            (6) State educational agency responsibilities

        The State educational agency shall--
            (A) make technical assistance under section 6318 of this 
        title available to the schools farthest from meeting the State's 
        challenging student performance standards, if requested by the 
        school or local educational agency; and
            (B) if such agency determines that a local educational 
        agency failed to carry out the local educational agency's 
        responsibilities under paragraphs (4) and (5), take such 
        corrective actions as the State educational agency deems 
        appropriate and which are in compliance with State law.

                          (7) Special rule

        Schools that, for at least two of the three years following 
    identification under paragraph (1), make adequate progress toward 
    meeting the State's proficient and advanced levels of performance 
    shall no longer need to be identified for school improvement.

(d) State review and local educational agency improvement

                           (1) In general

        A State educational agency shall--
            (A) annually review the progress of each local educational 
        agency receiving funds under this part to determine whether 
        schools receiving assistance under this part are making adequate 
        progress as defined in section 6311(b)(2)(A)(ii) of this title 
        toward meeting the State's student performance standards; and
            (B) publicize and disseminate to local educational agencies, 
        teachers and other staff, parents, students, and the community 
        the results of the State review, including statistically sound 
        disaggregated results, as required by section 6311(b)(3)(I) of 
        this title.

                             (2) Rewards

        In the case of a local educational agency that for three 
    consecutive years has met or exceeded the State's definition of 
    adequate progress as defined in section 6311(b)(2)(A)(ii) of this 
    title, the State may make institutional and individual rewards of 
    the kinds described for individual schools in paragraph (2) of 
    section 6318(c) of this title.

                         (3) Identification

        (A) A State educational agency shall identify for improvement 
    any local educational agency that--
            (i) for two consecutive years, is not making adequate 
        progress as defined in section 6311(b)(2)(A)(ii) of this title 
        in schools served under this part toward meeting the State's 
        student performance standards, except that schools served by the 
        local educational agency that are operating targeted assistance 
        programs may be reviewed on the basis of the progress of only 
        those students served under this part; or
            (ii) has failed to meet the criteria established by the 
        State through such State's transitional procedure under section 
        6311(b)(7)(B) of this title for two consecutive years.

        (B) Before identifying a local educational agency for 
    improvement under paragraph (1), the State educational agency shall 
    provide the local educational agency with an opportunity to review 
    the school-level data, including assessment data, on which such 
    identification is based. If the local educational agency believes 
    that such identification for improvement is in error due to 
    statistical or other substantive reasons, such local educational 
    agency may provide evidence to the State educational agency to 
    support such belief.

               (4) Local educational agency revisions

        (A) Each local educational agency identified under paragraph (3) 
    shall, in consultation with schools, parents, and educational 
    experts, revise its local educational agency plan under section 6312 
    of this title in ways that have the greatest likelihood of improving 
    the performance of schools served by the local educational agency 
    under this part in meeting the State's student performance 
    standards.
        (B) Such revision shall include determining why the local 
    educational agency's plan failed to bring about increased 
    achievement.

             (5) State educational agency responsibility

        (A) For each local educational agency identified under paragraph 
    (3), the State educational agency shall--
            (i) provide technical or other assistance, if requested, as 
        authorized under section 6318 of this title, to better enable 
        the local educational agency to--
                (I) develop and implement the local educational agency's 
            revised plan; and
                (II) work with schools needing improvement; and

            (ii) make available to the local educational agencies 
        farthest from meeting the State's standards, if requested, 
        assistance under section 6318 of this title.

        (B) Technical or other assistance may be provided by the State 
    educational agency directly, or by an institution of higher 
    education, a private nonprofit organization, an educational service 
    agency or other local consortium, a technical assistance center, or 
    other entities with experience in assisting local educational 
    agencies improve achievement, and may include--
            (i) interagency collaborative agreements between the local 
        educational agency and other public agencies to provide health, 
        pupil services, and other social services needed to remove 
        barriers to learning; and
            (ii) waivers or modification of requirements of State law or 
        regulation (in States in which such waivers are permitted) that 
        impede the ability of a local educational agency to educate 
        students.

                        (6) Corrective action

        (A) Except as provided in subparagraph (C), after providing 
    technical assistance pursuant to paragraph (5) and taking other 
    remediation measures, the State educational agency may take 
    corrective action at any time against a local educational agency 
    that has been identified under paragraph (3), but, during the fourth 
    year following identification under paragraph (3), shall take such 
    action against any local educational agency that still fails to make 
    adequate progress.
        (B)(i) Corrective actions are those actions, consistent with 
    State law, determined and made public and disseminated by the State 
    educational agency, which may include--
            (I) the withholding of funds;
            (II) reconstitution of school district personnel;
            (III) removal of particular schools from the jurisdiction of 
        the local educational agency and establishment of alternative 
        arrangements for public governance and supervision of such 
        schools;
            (IV) appointment by the State educational agency of a 
        receiver or trustee to administer the affairs of the local 
        educational agency in place of the superintendent and school 
        board;
            (V) the abolition or restructuring of the local educational 
        agency;
            (VI) the authorizing of students to transfer from a school 
        operated by one local educational agency to a school operated by 
        another local educational agency; and
            (VII) a joint plan between the State and the local 
        educational agency that addresses specific elements of student 
        performance problems and that specifies State and local 
        responsibilities under the plan.

        (ii) Notwithstanding clause (i), corrective actions taken 
    pursuant to this part shall not include the actions described in 
    subclauses (I), (II), and (III) of clause (i) until the State has 
    developed assessments that meet the requirements of paragraph (3)(C) 
    of section 6311(b) of this title.
        (C) Prior to implementing any corrective action, the State 
    educational agency shall provide due process and a hearing (if State 
    law provides for such due process and a hearing) to any local 
    educational agency identified under paragraph (3) and may refrain 
    from such corrective action for one year after the four-year period 
    described in subparagraph (A) to the extent that the failure to make 
    progress can be attributed to such extenuating circumstances as 
    determined by the State educational agency.

                          (7) Special rule

        Local educational agencies that for at least two of the three 
    years following identification under paragraph (3) make adequate 
    progress toward meeting the State's standards no longer need to be 
    identified for local educational agency improvement.

(e) Construction

    Nothing in this section shall be construed to alter or otherwise 
affect the rights, remedies, and procedures afforded school or school 
district employees under Federal, State, or local laws (including 
applicable regulations or court orders) or under the terms of collective 
bargaining agreements, memoranda of understanding, or other agreements 
between such employees and their employers.

(Pub. L. 89-10, title I, Sec. 1116, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3542; amended Pub. L. 104-134, title 
I, Sec. 101(d) [title VII, Sec. 703(b)(2)], Apr. 26, 1996, 110 Stat. 
1321-211, 1321-255; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327.)

                       References in Text

    Section 1020 of the Elementary and Secondary Education Act of 1965 
(as such section was in effect on the day preceding October 20, 1994), 
referred to in subsec. (c)(1)(A), means section 1020 of Pub. L. 89-10, 
as added by Pub. L. 100-297, title I, Sec. 1001, Apr. 28, 1988, 102 
Stat. 164, which was classified to section 2730 of this title prior to 
the general amendment of Pub. L. 89-10 by Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3519.


                               Amendments

    1996--Subsec. (c)(2)(A)(i). Pub. L. 104-134, Sec. 101(d) [title VII, 
Sec. 703(b)(2)(A)(i)], struck out ``, which may include reviewing the 
schools' plan in the context of the opportunity-to-learn standards or 
strategies developed by such State under the Goals 2000: Educate America 
Act'' after ``student performance standards''.
    Subsec. (c)(5)(B)(i)(VI) to (VIII). Pub. L. 104-134, Sec. 101(d) 
[title VII, Sec. 703(b)(2)(A)(ii)], inserted ``and'' at end of subcl. 
(VI), substituted period for ``; and'' at end of subcl. (VII), and 
struck out subcl. (VIII) which read as follows: ``implementing 
opportunity-to-learn standards or strategies developed by such State 
under the Goals 2000: Educate America Act.''
    Subsec. (d)(4)(B). Pub. L. 104-134, Sec. 101(d) [title VII, 
Sec. 703(b)(2)(B)(i)], struck out ``, and may include reviewing the 
local educational agency's plan in the context of the opportunity-to-
learn standards or strategies developed by such State under the Goals 
2000: Educate America Act'' after ``achievement''.
    Subsec. (d)(6)(B)(i)(IV) to (VIII). Pub. L. 104-134, Sec. 101(d) 
[title VII, Sec. 703(b)(2)(B)(ii)], redesignated subcls. (V) to (VIII) 
as (IV) to (VII), respectively, and struck out former subcl. (IV) which 
read as follows: ``implementation of the 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, 6302, 6303, 6311, 
6312, 6314, 6318, 6319, 6320, 6661d, 6661e, 7351 of this title.
