 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
             SUBCHAPTER X--PROGRAMS OF NATIONAL SIGNIFICANCE
 
              Part J--Urban and Rural Education Assistance
 
                  subpart 2--rural education initiative
 
Sec. 8295. Accountability


(a) Academic achievement

                           (1) In general

        Each local educational agency that uses or receives funds under 
    section 8293 or 8294 of this title for a fiscal year shall--
            (A) administer an assessment that is used statewide and is 
        consistent with the assessment described in section 6311(b) of 
        this title, to assess the academic achievement of students in 
        the schools served by the local educational agency; or
            (B) in the case of a local educational agency for which 
        there is no statewide assessment described in subparagraph (A), 
        administer a test, that is selected by the local educational 
        agency, to assess the academic achievement of students in the 
        schools served by the local educational agency.

                          (2) Special rule

        Each local educational agency that uses or receives funds under 
    section 8293 or 8294 of this title shall use the same assessment or 
    test described in paragraph (1) for each year of participation in 
    the program carried out under such section.

(b) State educational agency determination regarding continuing 
        participation

    Each State educational agency that receives funding under the 
provisions of law described in section 8293(c) of this title shall--
        (1) after the third year that a local educational agency in the 
    State participates in a program authorized under section 8293 or 
    8294 of this title and on the basis of the results of the 
    assessments or tests described in subsection (a) of this section, 
    determine whether the students served by the local educational 
    agency participating in the program performed better on the 
    assessments or tests after the third year of the participation than 
    the students performed on the assessments or tests after the first 
    year of the participation;
        (2) permit only the local educational agencies that participated 
    in the program and served students that performed better on the 
    assessments or tests, as described in paragraph (1), to continue to 
    participate in the program for an additional period of 3 years; and
        (3) prohibit the local educational agencies that participated in 
    the program and served students that did not perform better on the 
    assessments or tests, as described in paragraph (1), from 
    participating in the program, for a period of 3 years from the date 
    of the determination.

(Pub. L. 89-10, title X, Sec. 10976, as added Pub. L. 106-554, 
Sec. 1(a)(1) [title IX, Sec. 901], Dec. 21, 2000, 114 Stat. 2763, 2763A-
91.)


                            Prior Provisions

    A prior section 8295, Pub. L. 89-10, title X, Sec. 10975, as added 
Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3857, 
related to higher education grants, prior to the general amendment of 
this subpart by Pub. L. 106-554.
