SEC. 1010
PARENT AND FAMILY ENGAGEMENT
Section Summary
ESSA Update
SEC. 1010. PARENT AND FAMILY ENGAGEMENT.
Section 1116, as redesignated by section 1000(2), <<NOTE: 20 USC
6318.>> is amended--
(1) in the section heading, by striking ``parental
involvement'' and inserting ``parent and family engagement'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``conducts outreach to all
parents and family members and'' after ``only if
such agency''; and
(ii) by inserting ``and family members'' after
``and procedures for the involvement of parents'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``and family
members'' after ``, and distribute to,
parents'';
(II) by striking ``written parent
involvement policy'' and inserting
``written parent and family engagement
policy''; and
(III) by striking ``expectations for
parent involvement'' and inserting
``expectations and objectives for
meaningful parent and family
involvement''; and
(ii) by striking subparagraphs (A) through (F)
and inserting the following:
``(A) involve parents and family members in jointly
developing the local educational agency plan under
section 1112, and the development of support and
improvement plans under paragraphs (1) and (2) of
section 1111(d).
``(B) provide the coordination, technical
assistance, and other support necessary to assist and
build the capacity of all participating schools within
the local educational agency in planning and
implementing effective parent and family involvement
activities to improve student academic achievement and
school performance, which may include meaningful
consultation with employers, business leaders, and
philanthropic organizations, or individuals with
expertise in effectively engaging parents and family
members in education;
``(C) coordinate and integrate parent and family
engagement strategies under this part with parent and
family engagement strategies, to the extent feasible and
appropriate, with other relevant Federal, State, and
local laws and programs;
``(D) conduct, with the meaningful involvement of
parents and family members, an annual evaluation of the
content and effectiveness of the parent and family
engagement policy in improving the academic quality of
all schools served under this part, including
identifying--
``(i) barriers to greater participation by
parents in activities authorized by this section
(with particular attention to parents who are
economically disadvantaged, are disabled, have
limited English proficiency, have limited
literacy, or are of any racial or ethnic minority
background);
[[Page 129 STAT. 1869]]
``(ii) the needs of parents and family members
to assist with the learning of their children,
including engaging with school personnel and
teachers; and
``(iii) strategies to support successful
school and family interactions;
``(E) use the findings of such evaluation in
subparagraph (D) to design evidence-based strategies for
more effective parental involvement, and to revise, if
necessary, the parent and family engagement policies
described in this section; and
``(F) involve parents in the activities of the
schools served under this part, which may include
establishing a parent advisory board comprised of a
sufficient number and representative group of parents or
family members served by the local educational agency to
adequately represent the needs of the population served
by such agency for the purposes of developing, revising,
and reviewing the parent and family engagement
policy.''; and
(C) in paragraph (3)--
(i) by striking subparagraph (A) and inserting
the following:
``(A) In general.--Each local educational agency
shall reserve at least 1 percent of its allocation under
subpart 2 to assist schools to carry out the activities
described in this section, except that this subparagraph
shall not apply if 1 percent of such agency's allocation
under subpart 2 for the fiscal year for which the
determination is made is $5,000 or less. Nothing in this
subparagraph shall be construed to limit local
educational agencies from reserving more than 1 percent
of its allocation under subpart 2 to assist schools to
carry out activities described in this section.'';
(ii) in subparagraph (B), by striking ``(B)
Parental input.--Parents of children'' and
inserting ``(B) Parent and family member input.--
Parents and family members of children'';
(iii) in subparagraph (C)--
(I) by striking ``95 percent'' and
inserting ``90 percent''; and
(II) by inserting ``, with priority
given to high-need schools'' after
``schools served under this part''; and
(iv) by adding at the end the following:
``(D) Use of funds.--Funds reserved under
subparagraph (A) by a local educational agency shall be
used to carry out activities and strategies consistent
with the local educational agency's parent and family
engagement policy, including not less than 1 of the
following:
``(i) Supporting schools and nonprofit
organizations in providing professional
development for local educational agency and
school personnel regarding parent and family
engagement strategies, which may be provided
jointly to teachers, principals, other school
leaders, specialized instructional support
personnel, paraprofessionals, early childhood
educators, and parents and family members.
[[Page 129 STAT. 1870]]
``(ii) Supporting programs that reach parents
and family members at home, in the community, and
at school.
``(iii) Disseminating information on best
practices focused on parent and family engagement,
especially best practices for increasing the
engagement of economically disadvantaged parents
and family members.
``(iv) Collaborating, or providing subgrants
to schools to enable such schools to collaborate,
with community-based or other organizations or
employers with a record of success in improving
and increasing parent and family engagement.
``(v) Engaging in any other activities and
strategies that the local educational agency
determines are appropriate and consistent with
such agency's parent and family engagement
policy.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Parental Involvement Policy'' and inserting ``Parent
and Family Engagement Policy'';
(B) in paragraph (1)--
(i) by inserting ``and family members'' after
``distribute to, parents''; and
(ii) by striking ``written parental
involvement policy'' and inserting ``written
parent and family engagement policy'';
(C) in paragraph (2)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by inserting ``and family members'' after
``that applies to all parents''; and
(D) in paragraph (3)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by inserting ``and family members in all
schools served by the local educational agency''
after ``policy that applies to all parents'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by striking ``1114(b)(2)'' and inserting
``1114(b)'';
(B) in paragraph (4)(B), by striking ``the
proficiency levels students are expected to meet'' and
inserting ``the achievement levels of the challenging
State academic standards''; and
(C) in paragraph (5), by striking ``1114(b)(2)'' and
inserting ``1114(b)'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``parental involvement policy'' and inserting
``parent and family engagement policy'';
(B) in paragraph (1)--
(i) by striking ``the State's student academic
achievement standards'' and inserting ``the
challenging State academic standards''; and
[[Page 129 STAT. 1871]]
(ii) by striking ``, such as monitoring
attendance, homework completion, and television
watching''; and
(C) in paragraph (2)--
(i) in subparagraph (B), by striking ``and''
after the semicolon;
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) ensuring regular two-way, meaningful
communication between family members and school staff,
and, to the extent practicable, in a language that
family members can understand.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``the State's
academic content standards and State student academic
achievement standards'' and inserting ``the challenging
State academic standards'';
(B) in paragraph (2), by striking ``technology'' and
inserting ``technology (including education about the
harms of copyright piracy)'';
(C) in paragraph (3), by striking ``pupil services
personnel, principals'' and inserting ``specialized
instructional support personnel, principals, and other
school leaders''; and
(D) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the Home
Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and
other programs,'' and inserting ``other Federal, State,
and local programs, including public preschool
programs,'';
(7) by striking subsection (f) and inserting the following:
``(f) Accessibility.--In carrying out the parent and family
engagement requirements of this part, local educational agencies and
schools, to the extent practicable, shall provide opportunities for the
informed participation of parents and family members (including parents
and family members who have limited English proficiency, parents and
family members with disabilities, and parents and family members of
migratory children), including providing information and school reports
required under section 1111 in a format and, to the extent practicable,
in a language such parents understand.'';
(8) by striking subsection (g) and inserting the following:
``(g) Family Engagement in Education Programs.--In a State operating
a program under part E of title IV, each local educational agency or
school that receives assistance under this part shall inform parents and
organizations of the existence of the program.''; and
(9) in subsection (h), by striking ``parental involvement
policies'' and inserting ``parent and family engagement
policies''.
NCLB Text
``SEC. 1116. <<NOTE: 20 USC 6316.>> ACADEMIC ASSESSMENT AND LOCAL
EDUCATIONAL AGENCY AND SCHOOL IMPROVEMENT.
``(a) Local Review.--
``(1) In general.--Each local educational agency receiving
funds under this part shall--
``(A) use the State academic assessments and other
indicators described in the State plan to review
annually the progress of each school served under this
part to determine whether the school is making adequate
yearly progress as defined in section 1111(b)(2);
``(B) at the local educational agency's discretion,
use any academic assessments or any other academic
indicators described in the local educational agency's
plan under section 1112(b)(1)(A) and (B) to review
annually the progress of each school served under this
part to determine whether the school is making adequate
yearly progress as defined in section 1111(b)(2), except
that the local educational agency may not use such
indicators (other than as provided for in section
1111(b)(2)(I)) if the indicators reduce the number or
change the schools that would otherwise be subject to
school improvement, corrective action, or restructuring
under section 1116 if such additional indicators were
not used, but may identify additional schools for school
improvement or in need of corrective action or
restructuring;
``(C) publicize and disseminate the results of the
local annual review described in paragraph (1) to
parents, teachers, principals, schools, and the
community so that the teachers, principals, other staff,
and schools can continually refine, in an
instructionally useful manner, the program of
instruction to help all children served under this
[[Page 115 STAT. 1479]]
part meet the challenging State student academic
achievement standards established under section
1111(b)(1); and
``(D) review the effectiveness of the actions and
activities the schools are carrying out under this part
with respect to parental involvement, professional
development, and other activities assisted under this
part.
``(2) Available results.--The State educational agency shall
ensure that the results of State academic assessments
administered in that school year are available to the local
educational agency before the beginning of the next school year.
``(b) School Improvement.--
``(1) General requirements.--
``(A) Identification.--Subject to subparagraph (C),
a local educational agency shall identify for school
improvement any elementary school or secondary school
served under this part that fails, for 2 consecutive
years, to make adequate yearly progress as defined in
the State's plan under section 1111(b)(2).
``(B) Deadline.--The identification described in
subparagraph (A) shall take place before the beginning
of the school year following such failure to make
adequate yearly progress.
``(C) Application.--Subparagraph (A) shall not apply
to a school if almost every student in each group
specified in section 1111(b)(2)(C)(v) enrolled in such
school is meeting or exceeding the State's proficient
level of academic achievement.
``(D) Targeted assistance schools.--To determine if
an elementary school or a secondary school that is
conducting a targeted assistance program under section
1115 should be identified for school improvement,
corrective action, or restructuring under this section,
a local educational agency may choose to review the
progress of only the students in the school who are
served, or are eligible for services, under this part.
``(E) Public school choice.--
``(i) In general.--In the case of a school
identified for school improvement under this
paragraph, the local educational agency shall, not
later than the first day of the school year
following such identification, provide all
students enrolled in the school with the option to
transfer to another public school served by the
local educational agency, which may include a
public charter school, that has not been
identified for school improvement under this
paragraph, unless such an option is prohibited by
State law.
``(ii) Rule.--In providing students the option
to transfer to another public school, the local
educational agency shall give priority to the
lowest achieving children from low-income
families, as determined by the local educational
agency for purposes of allocating funds to schools
under section 1113(c)(1).
``(F) Transfer.--Students who use the option to
transfer under subparagraph (E) and paragraph (5)(A),
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii)
shall be enrolled in classes and other activities in the
public school
[[Page 115 STAT. 1480]]
to which the students transfer in the same manner as all
other children at the public school.
``(2) Opportunity to review and present evidence; time
limit.--
``(A) Identification.--Before identifying an
elementary school or a secondary school for school
improvement under paragraphs (1) or (5)(A), for
corrective action under paragraph (7), or for
restructuring under paragraph (8), the local educational
agency shall provide the school with an opportunity to
review the school-level data, including academic
assessment data, on which the proposed identification is
based.
``(B) Evidence.--If the principal of a school
proposed for identification under paragraph (1), (5)(A),
(7), or (8) believes, or a majority of the parents of
the students enrolled in such school believe, that the
proposed identification is in error for statistical or
other substantive reasons, the principal may provide
supporting evidence to the local educational agency,
which shall consider that evidence before making a final
determination.
``(C) <<NOTE: Deadline. Public information.>> Final
determination.--Not later than 30 days after a local
educational agency provides the school with the
opportunity to review such school-level data, the local
educational agency shall make public a final
determination on the status of the school with respect
to the identification.
``(3) School plan.--
``(A) <<NOTE: Deadline.>> Revised plan.--After the
resolution of a review under paragraph (2), each school
identified under paragraph (1) for school improvement
shall, not later than 3 months after being so
identified, develop or revise a school plan, in
consultation with parents, school staff, the local
educational agency serving the school, and outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and--
``(i) incorporate strategies based on
scientifically based research that will strengthen
the core academic subjects in the school and
address the specific academic issues that caused
the school to be identified for school
improvement, and may include a strategy for the
implementation of a comprehensive school reform
model that includes each of the components
described in part F;
``(ii) adopt policies and practices concerning
the school's core academic subjects that have the
greatest likelihood of ensuring that all groups of
students specified in section 1111(b)(2)(C)(v) and
enrolled in the school will meet the State's
proficient level of achievement on the State
academic assessment described in section
1111(b)(3) not later than 12 years after the end
of the 2001-2002 school year;
``(iii) provide an assurance that the school
will spend not less than 10 percent of the funds
made available to the school under section 1113
for each fiscal year that the school is in school
improvement status, for the purpose of providing
to the school's teachers and principal high-
quality professional development that--
[[Page 115 STAT. 1481]]
``(I) directly addresses the
academic achievement problem that caused
the school to be identified for school
improvement;
``(II) meets the requirements for
professional development activities
under section 1119; and
``(III) is provided in a manner that
affords increased opportunity for
participating in that professional
development;
``(iv) specify how the funds described in
clause (iii) will be used to remove the school
from school improvement status;
``(v) <<NOTE: Deadline.>> establish specific
annual, measurable objectives for continuous and
substantial progress by each group of students
specified in section 1111(b)(2)(C)(v) and enrolled
in the school that will ensure that all such
groups of students will, in accordance with
adequate yearly progress as defined in section
1111(b)(2), meet the State's proficient level of
achievement on the State academic assessment
described in section 1111(b)(3) not later than 12
years after the end of the 2001-2002 school year;
``(vi) describe how the school will provide
written notice about the identification to parents
of each student enrolled in such school, in a
format and, to the extent practicable, in a
language that the parents can understand;
``(vii) specify the responsibilities of the
school, the local educational agency, and the
State educational agency serving the school under
the plan, including the technical assistance to be
provided by the local educational agency under
paragraph (4) and the local educational agency's
responsibilities under section 1120A;
``(viii) include strategies to promote
effective parental involvement in the school;
``(ix) incorporate, as appropriate, activities
before school, after school, during the summer,
and during any extension of the school year; and
``(x) incorporate a teacher mentoring program.
``(B) Conditional approval.--The local educational
agency may condition approval of a school plan under
this paragraph on--
``(i) inclusion of one or more of the
corrective actions specified in paragraph
(7)(C)(iv); or
``(ii) feedback on the school improvement plan
from parents and community leaders.
``(C) <<NOTE: Deadline.>> Plan implementation.--
Except as provided in subparagraph (D), a school shall
implement the school plan (including a revised plan)
expeditiously, but not later than the beginning of the
next full school year following the identification under
paragraph (1).
``(D) Plan approved during school year.--
Notwithstanding subparagraph (C), if a plan is not
approved prior to the beginning of a school year, such
plan shall be implemented immediately upon approval.
[[Page 115 STAT. 1482]]
``(E) Local educational agency approval.--The local
educational agency, within 45 days of receiving a school
plan, shall--
``(i) <<NOTE: Establishment.>> establish a
peer review process to assist with review of the
school plan; and
``(ii) promptly review the school plan, work
with the school as necessary, and approve the
school plan if the plan meets the requirements of
this paragraph.
``(4) Technical assistance.--
``(A) In general.--For each school identified for
school improvement under paragraph (1), the local
educational agency serving the school shall ensure the
provision of technical assistance as the school develops
and implements the school plan under paragraph (3)
throughout the plan's duration.
``(B) Specific assistance.--Such technical
assistance--
``(i) shall include assistance in analyzing
data from the assessments required under section
1111(b)(3), and other examples of student work, to
identify and address problems in instruction, and
problems if any, in implementing the parental
involvement requirements described in section
1118, the professional development requirements
described in section 1119, and the
responsibilities of the school and local
educational agency under the school plan, and to
identify and address solutions to such problems;
``(ii) shall include assistance in identifying
and implementing professional development,
instructional strategies, and methods of
instruction that are based on scientifically based
research and that have proven effective in
addressing the specific instructional issues that
caused the school to be identified for school
improvement;
``(iii) shall include assistance in analyzing
and revising the school's budget so that the
school's resources are more effectively allocated
to the activities most likely to increase student
academic achievement and to remove the school from
school improvement status; and
``(iv) may be provided--
``(I) by the local educational
agency, through mechanisms authorized
under section 1117; or
``(II) by the State educational
agency, an institution of higher
education (that is in full compliance
with all the reporting provisions of
title II of the Higher Education Act of
1965), a private not-for-profit
organization or for-profit organization,
an educational service agency, or
another entity with experience in
helping schools improve academic
achievement.
``(C) Scientifically based research.--Technical
assistance provided under this section by a local
educational agency or an entity approved by that agency
shall be based on scientifically based research.
``(5) Failure to make adequate yearly progress after
identification.--In the case of any school served under this
[[Page 115 STAT. 1483]]
part that fails to make adequate yearly progress, as set out in
the State's plan under section 1111(b)(2), by the end of the
first full school year after identification under paragraph (1),
the local educational agency serving such school--
``(A) shall continue to provide all students
enrolled in the school with the option to transfer to
another public school served by the local educational
agency in accordance with subparagraphs (E) and (F);
``(B) shall make supplemental educational services
available consistent with subsection (e)(1); and
``(C) shall continue to provide technical
assistance.
``(6) Notice to parents.--A local educational agency shall
promptly provide to a parent or parents (in an understandable
and uniform format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in an
elementary school or a secondary school identified for school
improvement under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph (8)--
``(A) an explanation of what the identification
means, and how the school compares in terms of academic
achievement to other elementary schools or secondary
schools served by the local educational agency and the
State educational agency involved;
``(B) the reasons for the identification;
``(C) an explanation of what the school identified
for school improvement is doing to address the problem
of low achievement;
``(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
``(E) an explanation of how the parents can become
involved in addressing the academic issues that caused
the school to be identified for school improvement; and
``(F) an explanation of the parents' option to
transfer their child to another public school under
paragraphs (1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and
subsection (c)(10)(C)(vii) (with transportation provided
by the agency when required by paragraph (9)) or to
obtain supplemental educational services for the child,
in accordance with subsection (e).
``(7) Corrective action.--
``(A) In general.--In this subsection, the term
`corrective action' means action, consistent with State
law, that--
``(i) substantially and directly responds to--
``(I) the consistent academic
failure of a school that caused the
local educational agency to take such
action; and
``(II) any underlying staffing,
curriculum, or other problems in the
school; and
``(ii) is designed to increase substantially
the likelihood that each group of students
described in 1111(b)(2)(C) enrolled in the school
identified for corrective action will meet or
exceed the State's proficient levels of
achievement on the State academic assessments
described in section 1111(b)(3).
[[Page 115 STAT. 1484]]
``(B) System.--In order to help students served
under this part meet challenging State student academic
achievement standards, each local educational agency
shall implement a system of corrective action in
accordance with subparagraphs (C) through (E).
``(C) Role of local educational agency.--In the case
of any school served by a local educational agency under
this part that fails to make adequate yearly progress,
as defined by the State under section 1111(b)(2), by the
end of the second full school year after the
identification under paragraph (1), the local
educational agency shall--
``(i) continue to provide all students
enrolled in the school with the option to transfer
to another public school served by the local
educational agency, in accordance with paragraph
(1)(E) and (F);
``(ii) continue to provide technical
assistance consistent with paragraph (4) while
instituting any corrective action under clause
(iv);
``(iii) continue to make supplemental
educational services available, in accordance with
subsection (e), to children who remain in the
school; and
``(iv) identify the school for corrective
action and take at least one of the following
corrective actions:
``(I) Replace the school staff who
are relevant to the failure to make
adequate yearly progress.
``(II) Institute and fully implement
a new curriculum, including providing
appropriate professional development for
all relevant staff, that is based on
scientifically based research and offers
substantial promise of improving
educational achievement for low-
achieving students and enabling the
school to make adequate yearly progress.
``(III) Significantly decrease
management authority at the school
level.
``(IV) Appoint an outside expert to
advise the school on its progress toward
making adequate yearly progress, based
on its school plan under paragraph (3).
``(V) Extend the school year or
school day for the school.
``(VI) Restructure the internal
organizational structure of the school.
``(D) Delay.--Notwithstanding any other provision of
this paragraph, the local educational agency may delay,
for a period not to exceed 1 year, implementation of the
requirements under paragraph (5), corrective action
under this paragraph, or restructuring under paragraph
(8) if the school makes adequate yearly progress for 1
year or if its failure to make adequate yearly progress
is due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the
local educational agency or school. No such period shall
be taken into account in determining the number of
consecutive years of failure to make adequate yearly
progress.
[[Page 115 STAT. 1485]]
``(E) Publication and dissemination.--The local
educational agency shall publish and disseminate
information regarding any corrective action the local
educational agency takes under this paragraph at a
school--
``(i) to the public and to the parents of each
student enrolled in the school subject to
corrective action;
``(ii) in an understandable and uniform format
and, to the extent practicable, provided in a
language that the parents can understand; and
``(iii) through such means as the Internet,
the media, and public agencies.
``(8) Restructuring.--
``(A) Failure to make adequate yearly progress.--If,
after 1 full school year of corrective action under
paragraph (7), a school subject to such corrective
action continues to fail to make adequate yearly
progress, then the local educational agency shall--
``(i) continue to provide all students
enrolled in the school with the option to transfer
to another public school served by the local
educational agency, in accordance with paragraph
(1)(E) and (F);
``(ii) continue to make supplemental
educational services available, in accordance with
subsection (e), to children who remain in the
school; and
``(iii) prepare a plan and make necessary
arrangements to carry out subparagraph (B).
``(B) <<NOTE: Deadline.>> Alternative governance.--
Not later than the beginning of the school year
following the year in which the local educational agency
implements subparagraph (A), the local educational
agency shall implement one of the following alternative
governance arrangements for the school consistent with
State law:
``(i) Reopening the school as a public charter
school.
``(ii) Replacing all or most of the school
staff (which may include the principal) who are
relevant to the failure to make adequate yearly
progress.
``(iii) Entering into a contract with an
entity, such as a private management company, with
a demonstrated record of effectiveness, to operate
the public school.
``(iv) Turning the operation of the school
over to the State educational agency, if permitted
under State law and agreed to by the State.
``(v) Any other major restructuring of the
school's governance arrangement that makes
fundamental reforms, such as significant changes
in the school's staffing and governance, to
improve student academic achievement in the school
and that has substantial promise of enabling the
school to make adequate yearly progress as defined
in the State plan under section 1111(b)(2). In the
case of a rural local educational agency with a
total of less than 600 students in average daily
attendance at the schools that are served by the
agency and all of whose schools have a School
Locale Code of 7 or 8, as determined by the
Secretary, the Secretary shall, at such agency's
request, provide
[[Page 115 STAT. 1486]]
technical assistance to such agency for the
purpose of implementing this clause.
``(C) Prompt notice.--The local educational agency
shall--
``(i) provide prompt notice to teachers and
parents whenever subparagraph (A) or (B) applies;
and
``(ii) provide the teachers and parents with
an adequate opportunity to--
``(I) comment before taking any
action under those subparagraphs; and
``(II) participate in developing any
plan under subparagraph (A)(iii).
``(9) Transportation.--In any case described in paragraph
(1)(E) for schools described in paragraphs (1)(A), (5),
(7)(C)(i), and (8)(A), and subsection (c)(10)(C)(vii), the local
educational agency shall provide, or shall pay for the provision
of, transportation for the student to the public school the
student attends.
``(10) Funds for transportation and supplemental educational
services.--
``(A) In general.--Unless a lesser amount is needed
to comply with paragraph (9) and to satisfy all requests
for supplemental educational services under subsection
(e), a local educational agency shall spend an amount
equal to 20 percent of its allocation under subpart 2,
from which the agency shall spend--
``(i) an amount equal to 5 percent of its
allocation under subpart 2 to provide, or pay for,
transportation under paragraph (9);
``(ii) an amount equal to 5 percent of its
allocation under subpart 2 to provide supplemental
educational services under subsection (e); and
``(iii) an amount equal to the remaining 10
percent of its allocation under subpart 2 for
transportation under paragraph (9), supplemental
educational services under subsection (e), or
both, as the agency determines.
``(B) Total amount.--The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this
part on supplemental educational services described in
subsection (e).
``(C) Insufficient funds.--If the amount of funds
described in subparagraph (A)(ii) or (iii) and available
to provide services under this subsection is
insufficient to provide supplemental educational
services to each child whose parents request the
services, the local educational agency shall give
priority to providing the services to the lowest-
achieving children.
``(D) Prohibition.--A local educational agency shall
not, as a result of the application of this paragraph,
reduce by more than 15 percent the total amount made
available under section 1113(c) to a school described in
paragraph (7)(C) or (8)(A) of subsection (b).
``(11) Cooperative agreement.--In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection
(c)(10)(C)(vii) if all public schools served by the local
educational agency to which a child may transfer are identified
for school improvement, corrective action or restructuring, the
agency
[[Page 115 STAT. 1487]]
shall, to the extent practicable, establish a cooperative
agreement with other local educational agencies in the area for
a transfer.
``(12) Duration.--If any school identified for school
improvement, corrective action, or restructuring makes adequate
yearly progress for two consecutive school years, the local
educational agency shall no longer subject the school to the
requirements of school improvement, corrective action, or
restructuring or identify the school for school improvement for
the succeeding school year.
``(13) Special rule.--A local educational agency shall
permit a child who transferred to another school under this
subsection to remain in that school until the child has
completed the highest grade in that school. The obligation of
the local educational agency to provide, or to provide for,
transportation for the child ends at the end of a school year if
the local educational agency determines that the school from
which the child transferred is no longer identified for school
improvement or subject to corrective action or restructuring.
``(14) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance under section 1117
available to schools identified for school improvement,
corrective action, or restructuring under this
subsection consistent with section 1117(a)(2);
``(B) if the State educational agency determines
that a local educational agency failed to carry out its
responsibilities under this subsection, take such
corrective actions as the State educational agency
determines to be appropriate and in compliance with
State law;
``(C) ensure that academic assessment results under
this part are provided to schools before any
identification of a school may take place under this
subsection; and
``(D) for local educational agencies or schools
identified for improvement under this subsection, notify
the Secretary of major factors that were brought to the
attention of the State educational agency under section
1111(b)(9) that have significantly affected student
academic achievement.
``(c) State Review and Local Educational Agency Improvement.--
``(1) In general.--A State 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 yearly progress as defined
in section 1111(b)(2) toward meeting the State's student
academic achievement standards and to determine if each
local educational agency is carrying out its
responsibilities under this section and sections 1117,
1118, and 1119; 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 1111(b)(2).
``(2) Rewards.--In the case of a local educational agency
that, for 2 consecutive years, has exceeded adequate yearly
progress as defined in the State plan under section 1111(b)(2),
[[Page 115 STAT. 1488]]
the State may make rewards of the kinds described under section
1117 to the agency.
``(3) Identification of local educational agency for
improvement.--A State shall identify for improvement any local
educational agency that, for 2 consecutive years, including the
period immediately prior to the date of enactment of the No
Child Left Behind Act of 2001, failed to make adequate yearly
progress as defined in the State's plan under section
1111(b)(2).
``(4) Targeted assistance schools.--When reviewing targeted
assistance schools served by a local educational agency, a State
educational agency may choose to review the progress of only the
students in such schools who are served, or are eligible for
services, under this part.
``(5) Opportunity to review and present evidence.--
``(A) Review.--Before identifying a local
educational agency for improvement under paragraph (3)
or corrective action under paragraph (10), a State
educational agency shall provide the local educational
agency with an opportunity to review the data, including
academic assessment data, on which the proposed
identification is based.
``(B) <<NOTE: Deadline.>> Evidence.--If the local
educational agency believes that the proposed
identification is in error for statistical or other
substantive reasons, the agency may provide supporting
evidence to the State educational agency, which shall
consider the evidence before making a final
determination not later than 30 days after the State
educational agency provides the local educational agency
with the opportunity to review such data under
subparagraph (A).
``(6) Notification to parents.--The State educational agency
shall promptly provide to the parents (in a format and, to the
extent practicable, in a language the parents can understand) of
each student enrolled in a school served by a local educational
agency identified for improvement, the results of the review
under paragraph (1) and, if the agency is identified for
improvement, the reasons for that identification and how parents
can participate in upgrading the quality of the local
educational agency.
``(7) Local educational agency revisions.--
``(A) <<NOTE: Deadline.>> Plan.--Each local
educational agency identified under paragraph (3) shall,
not later than 3 months after being so identified,
develop or revise a local educational agency plan, in
consultation with parents, school staff, and others.
Such plan shall--
``(i) incorporate scientifically based
research strategies that strengthen the core
academic program in schools served by the local
educational agency;
``(ii) identify actions that have the greatest
likelihood of improving the achievement of
participating children in meeting the State's
student academic achievement standards;
``(iii) address the professional development
needs of the instructional staff serving the
agency by committing to spend not less than 10
percent of the funds received by the local
educational agency under subpart 2 for each fiscal
year in which the agency is identified
[[Page 115 STAT. 1489]]
for improvement for professional development
(including funds reserved for professional
development under subsection (b)(3)(A)(iii)), but
excluding funds reserved for professional
development under section 1119;
``(iv) include specific measurable achievement
goals and targets for each of the groups of
students identified in the disaggregated data
pursuant to section 1111(b)(2)(C)(v), consistent
with adequate yearly progress as defined under
section 1111(b)(2);
``(v) address the fundamental teaching and
learning needs in the schools of that agency, and
the specific academic problems of low-achieving
students, including a determination of why the
local educational agency's prior plan failed to
bring about increased student academic
achievement;
``(vi) incorporate, as appropriate, activities
before school, after school, during the summer,
and during an extension of the school year;
``(vii) specify the responsibilities of the
State educational agency and the local educational
agency under the plan, including specifying the
technical assistance to be provided by the State
educational agency under paragraph (9) and the
local educational agency's responsibilities under
section 1120A; and
``(viii) include strategies to promote
effective parental involvement in the school.
``(B) <<NOTE: Deadline.>> Implementation.--The
local educational agency shall implement the plan
(including a revised plan) expeditiously, but not later
than the beginning of the next school year after the
school year in which the agency was identified for
improvement.
``(9) State educational agency responsibility.--
``(A) Technical or other assistance.--For each local
educational agency identified under paragraph (3), the
State educational agency shall provide technical or
other assistance if requested, as authorized under
section 1117, to better enable the local educational
agency to--
``(i) develop and implement the local
educational agency's plan; and
``(ii) work with schools needing improvement.
``(B) Methods and strategies.--Technical assistance
provided under this section by the State educational
agency or an entity authorized by such agency shall be
supported by effective methods and instructional
strategies based on scientifically based research. Such
technical assistance shall address problems, if any, in
implementing the parental involvement activities
described in section 1118 and the professional
development activities described in section 1119.
``(10) Corrective action.--In order to help students served
under this part meet challenging State student academic
achievement standards, each State shall implement a system of
corrective action in accordance with the following:
``(A) Definition.--As used in this paragraph, the
term `corrective action' means action, consistent with
State law, that--
[[Page 115 STAT. 1490]]
``(i) substantially and directly responds to
the consistent academic failure that caused the
State to take such action and to any underlying
staffing, curricular, or other problems in the
agency; and
``(ii) is designed to meet the goal of having
all students served under this part achieve at the
proficient and advanced student academic
achievement levels.
``(B) General requirements.--After providing
technical assistance under paragraph (9) and subject to
subparagraph (E), the State--
``(i) may take corrective action at any time
with respect to a local educational agency that
has been identified under paragraph (3);
``(ii) shall take corrective action with
respect to any local educational agency that fails
to make adequate yearly progress, as defined by
the State, by the end of the second full school
year after the identification of the agency under
paragraph (3); and
``(iii) shall continue to provide technical
assistance while instituting any corrective action
under clause (i) or (ii).
``(C) Certain corrective actions required.--In the
case of a local educational agency identified for
corrective action, the State educational agency shall
take at least one of the following corrective actions:
``(i) Deferring programmatic funds or reducing
administrative funds.
``(ii) Instituting and fully implementing a
new curriculum that is based on State and local
academic content and achievement standards,
including providing appropriate professional
development based on scientifically based research
for all relevant staff, that offers substantial
promise of improving educational achievement for
low-achieving students.
``(iii) Replacing the local educational agency
personnel who are relevant to the failure to make
adequate yearly progress.
``(iv) Removing particular schools from the
jurisdiction of the local educational agency and
establishing alternative arrangements for public
governance and supervision of such schools.
``(v) Appointing, through the State
educational agency, a receiver or trustee to
administer the affairs of the local educational
agency in place of the superintendent and school
board.
``(vi) Abolishing or restructuring the local
educational agency.
``(vii) Authorizing students to transfer from
a school operated by the local educational agency
to a higher-performing public school operated by
another local educational agency in accordance
with subsections (b)(1)(E) and (F), and providing
to such students transportation (or the costs of
transportation) to such schools consistent with
subsection (b)(9), in conjunction with carrying
out not less than one additional action described
under this subparagraph.
[[Page 115 STAT. 1491]]
``(D) <<NOTE: Notice. Deadline.>> Hearing.--Prior
to implementing any corrective action under this
paragraph, the State educational agency shall provide
notice and a hearing to the affected local educational
agency, if State law provides for such notice and
hearing. The hearing shall take place not later than 45
days following the decision to implement corrective
action.
``(E) <<NOTE: Publication.>> Notice to parents.--
The State educational agency shall publish, and
disseminate to parents and the public, information on
any corrective action the State educational agency takes
under this paragraph through such means as the Internet,
the media, and public agencies.
``(F) Delay.--Notwithstanding subparagraph (B)(ii),
a State educational agency may delay, for a period not
to exceed 1 year, implementation of corrective action
under this paragraph if the local educational agency
makes adequate yearly progress for 1 year or its failure
to make adequate yearly progress is due to exceptional
or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the local educational agency. No
such period shall be taken into account in determining
the number of consecutive years of failure to make
adequate yearly progress.
``(11) Special rule.--If a local educational agency makes
adequate yearly progress for two consecutive school years
beginning after the date of identification of the agency under
paragraph (3), the State educational agency need no longer
identify the local educational agency for improvement or subject
the local educational agency to corrective action for the
succeeding school year.
``(d) 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.
``(e) Supplemental Educational Services.--
``(1) Supplemental educational services.--In the case of any
school described in paragraph (5), (7), or (8) of subsection
(b), the local educational agency serving such school shall,
subject to this subsection, arrange for the provision of
supplemental educational services to eligible children in the
school from a provider with a demonstrated record of
effectiveness, that is selected by the parents and approved for
that purpose by the State educational agency in accordance with
reasonable criteria, consistent with paragraph (5), that the
State educational agency shall adopt.
``(2) Local educational agency responsibilities.--Each local
educational agency subject to this subsection shall--
``(A) provide, at a minimum, annual notice to
parents (in an understandable and uniform format and, to
the extent practicable, in a language the parents can
understand) of--
``(i) the availability of services under this
subsection;
[[Page 115 STAT. 1492]]
``(ii) the identity of approved providers of
those services that are within the local
educational agency or whose services are
reasonably available in neighboring local
educational agencies; and
``(iii) a brief description of the services,
qualifications, and demonstrated effectiveness of
each such provider;
``(B) if requested, assist parents in choosing a
provider from the list of approved providers maintained
by the State;
``(C) apply fair and equitable procedures for
serving students if the number of spaces at approved
providers is not sufficient to serve all students; and
``(D) not disclose to the public the identity of any
student who is eligible for, or receiving, supplemental
educational services under this subsection without the
written permission of the parents of the student.
``(3) Agreement.--In the case of the selection of an
approved provider by a parent, the local educational agency
shall enter into an agreement with such provider. Such agreement
shall--
``(A) require the local educational agency to
develop, in consultation with parents (and the provider
chosen by the parents), a statement of specific
achievement goals for the student, how the student's
progress will be measured, and a timetable for improving
achievement that, in the case of a student with
disabilities, is consistent with the student's
individualized education program under section 614(d) of
the Individuals with Disabilities Education Act;
``(B) describe how the student's parents and the
student's teacher or teachers will be regularly informed
of the student's progress;
``(C) provide for the termination of such agreement
if the provider is unable to meet such goals and
timetables;
``(D) contain provisions with respect to the making
of payments to the provider by the local educational
agency; and
``(E) prohibit the provider from disclosing to the
public the identity of any student eligible for, or
receiving, supplemental educational services under this
subsection without the written permission of the parents
of such student.
``(4) State educational agency responsibilities.--A State
educational agency shall--
``(A) in consultation with local educational
agencies, parents, teachers, and other interested
members of the public, promote maximum participation by
providers to ensure, to the extent practicable, that
parents have as many choices as possible;
``(B) develop and apply objective criteria,
consistent with paragraph (5), to potential providers
that are based on a demonstrated record of effectiveness
in increasing the academic proficiency of students in
subjects relevant to meeting the State academic content
and student achievement standards adopted under section
1111(b)(1);
``(C) <<NOTE: Records.>> maintain an updated list
of approved providers across the State, by school
district, from which parents may select;
[[Page 115 STAT. 1493]]
``(D) <<NOTE: Reports. Public information.>>
develop, implement, and publicly report on standards and
techniques for monitoring the quality and effectiveness
of the services offered by approved providers under this
subsection, and for withdrawing approval from providers
that fail, for 2 consecutive years, to contribute to
increasing the academic proficiency of students served
under this subsection as described in subparagraph (B);
and
``(E) <<NOTE: Notice.>> provide annual notice to
potential providers of supplemental educational services
of the opportunity to provide services under this
subsection and of the applicable procedures for
obtaining approval from the State educational agency to
be an approved provider of those services.
``(5) Criteria for providers.--In order for a provider to be
included on the State list under paragraph (4)(C), a provider
shall agree to carry out the following:
``(A) Provide parents of children receiving
supplemental educational services under this subsection
and the appropriate local educational agency with
information on the progress of the children in
increasing achievement, in a format and, to the extent
practicable, a language that such parents can
understand.
``(B) Ensure that instruction provided and content
used by the provider are consistent with the instruction
provided and content used by the local educational
agency and State, and are aligned with State student
academic achievement standards.
``(C) Meet all applicable Federal, State, and local
health, safety, and civil rights laws.
``(D) Ensure that all instruction and content under
this subsection are secular, neutral, and
nonideological.
``(6) Amounts for supplemental educational services.--The
amount that a local educational agency shall make available for
supplemental educational services for each child receiving those
services under this subsection shall be the lesser of--
``(A) the amount of the agency's allocation under
subpart 2, divided by the number of children from
families below the poverty level counted under section
1124(c)(1)(A); or
``(B) the actual costs of the supplemental
educational services received by the child.
``(7) Funds provided by state educational agency.--Each
State educational agency may use funds that the agency reserves
under this part, and part A of title V, to assist local
educational agencies that do not have sufficient funds to
provide services under this subsection for all eligible students
requesting such services.
``(8) Duration.--The local educational agency shall continue
to provide supplemental educational services to a child
receiving such services under this subsection until the end of
the school year in which such services were first received.
``(9) Prohibition.--Nothing contained in this subsection
shall permit the making of any payment for religious worship or
instruction.
``(10) Waiver.--
[[Page 115 STAT. 1494]]
``(A) Requirement.--At the request of a local
educational agency, a State educational agency may
waive, in whole or in part, the requirement of this
subsection to provide supplemental educational services
if the State educational agency determines that--
``(i) none of the providers of those services
on the list approved by the State educational
agency under paragraph (4)(C) makes those services
available in the area served by the local
educational agency or within a reasonable distance
of that area; and
``(ii) the local educational agency provides
evidence that it is not able to provide those
services.
``(B) <<NOTE: Deadline.>> Notification.--The State
educational agency shall notify the local educational
agency, within 30 days of receiving the local
educational agency's request for a waiver under
subparagraph (A), whether the request is approved or
disapproved and, if disapproved, the reasons for the
disapproval, in writing.
``(11) Special rule.--If State law prohibits a State
educational agency from carrying out one or more of its
responsibilities under paragraph (4) with respect to those who
provide, or seek approval to provide, supplemental educational
services, each local educational agency in the State shall carry
out those responsibilities with respect to its students who are
eligible for those services.
``(12) Definitions.--In this subsection--
``(A) the term `eligible child' means a child from a
low-income family, as determined by the local
educational agency for purposes of allocating funds to
schools under section 1113(c)(1);
``(B) the term `provider' means a non-profit entity,
a for-profit entity, or a local educational agency
that--
``(i) has a demonstrated record of
effectiveness in increasing student academic
achievement;
``(ii) is capable of providing supplemental
educational services that are consistent with the
instructional program of the local educational
agency and the academic standards described under
section 1111; and
``(iii) is financially sound; and
``(C) the term `supplemental educational services'
means tutoring and other supplemental academic
enrichment services that are--
``(i) in addition to instruction provided
during the school day; and
``(ii) are of high quality, research-based,
and specifically designed to increase the academic
achievement of eligible children on the academic
assessments required under section 1111 and attain
proficiency in meeting the State's academic
achievement standards.
``(f) Schools and LEAs Previously Identified for Improvement or
Corrective Action.--
``(1) Schools.--
``(A) School improvement.--
``(i) Schools in school-improvement status
before date of enactment.--Any school that was in
the first year of school improvement status under
[[Page 115 STAT. 1495]]
this section on the day preceding the date of
enactment of the No Child Left Behind Act of 2001
(as this section was in effect on such day) shall
be treated by the local educational agency as a
school that is in the first year of school
improvement status under paragraph (1).
``(ii) Schools in school-improvement status
for 2 or more years before date of enactment.--Any
school that was in school improvement status under
this section for two or more consecutive school
years preceding the date of enactment of the No
Child Left Behind Act of 2001 (as this section was
in effect on such day) shall be treated by the
local educational agency as a school described in
subsection (b)(5).
``(B) Corrective action.--Any school that was in
corrective action status under this section on the day
preceding the date of enactment of the No Child Left
Behind Act of 2001 (as this section was in effect on
such day) shall be treated by the local educational
agency as a school described in paragraph (7).
``(2) LEAs.--
``(A) LEA improvement.--A State shall identify for
improvement under subsection (c)(3) any local
educational agency that was in improvement status under
this section as this section was in effect on the day
preceding the date of enactment of the No Child Left
Behind Act of 2001.
``(B) Corrective action.--A State shall identify for
corrective action under subsection (c)(10) any local
educational agency that was in corrective action status
under this section as this section was in effect on the
day preceding the date of enactment of the No Child Left
Behind Act of 2001.
``(C) <<NOTE: Deadline.>> Special rule.--For the
schools and other local educational agencies described
under paragraphs (1) and (2), as required, the State
shall ensure that public school choice in accordance
with subparagraphs (b)(1)(E) and (F) and supplemental
education services in accordance with subsection (e) are
provided not later than the first day of the 2002-2003
school year.
``(D) Transition.--With respect to a determination
that a local educational agency has for 2 consecutive
years failed to make adequate yearly progress as defined
in the State plan under section 1111(b)(2), such
determination shall include in such 2-year period any
continuous period of time immediately preceding the date
of enactment of the No Child Left Behind Act of 2001
during which the agency has failed to make such
progress.
``(g) Schools Funded by the Bureau of Indian Affairs.--
``(1) Adequate yearly progress for bureau funded schools.--
``(A) Development of definition.--
``(i) Definition.--The Secretary of the
Interior, in consultation with the Secretary if
the Secretary of Interior requests the
consultation, using the process set out in section
1138(b) of the Education Amendments of 1978, shall
define adequate yearly progress,
[[Page 115 STAT. 1496]]
consistent with section 1111(b), for the schools
funded by the Bureau of Indian Affairs on a
regional or tribal basis, as appropriate, taking
into account the unique circumstances and needs of
such schools and the students served by such
schools.
``(ii) Use of definition.--The Secretary of
the Interior, consistent with clause (i), may use
the definition of adequate yearly progress that
the State in which the school that is funded by
the Bureau is located uses consistent with section
1111(b), or in the case of schools that are
located in more than one State, the Secretary of
the Interior may use whichever State definition of
adequate yearly progress that best meets the
unique circumstances and needs of such school or
schools and the students the schools serve.
``(B) Waiver.--The tribal governing body or school
board of a school funded by the Bureau of Indian Affairs
may waive, in part or in whole, the definition of
adequate yearly progress established pursuant to
paragraph (A) where such definition is determined by
such body or school board to be
inappropriate. <<NOTE: Deadline.>> If such definition
is waived, the tribal governing body or school board
shall, within 60 days thereafter, submit to the
Secretary of Interior a proposal for an alternative
definition of adequate yearly progress, consistent with
section 1111(b), that takes into account the unique
circumstances and needs of such school or schools and
the students served. The Secretary of the Interior, in
consultation with the Secretary if the Secretary of
Interior requests the consultation, shall approve such
alternative definition unless the Secretary determines
that the definition does not meet the requirements of
section 1111(b), taking into account the unique
circumstances and needs of such school or schools and
the students served.
``(C) Technical assistance.--The Secretary of
Interior shall, in consultation with the Secretary if
the Secretary of Interior requests the consultation,
either directly or through a contract, provide technical
assistance, upon request, to a tribal governing body or
school board of a school funded by the Bureau of Indian
Affairs that seeks to develop an alternative definition
of adequate yearly progress.
``(2) Accountability for bia schools.--For the purposes of
this section, schools funded by the Bureau of Indian Affairs
shall be considered schools subject to subsection (b), as
specifically provided for in this subsection, except that such
schools shall not be subject to subsection (c), or the
requirements to provide public school choice and supplemental
educational services under subsections (b) and (e).
``(3) School improvement for bureau schools.--
``(A) Contract and grant schools.--For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary of
the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
[[Page 115 STAT. 1497]]
of such school shall be responsible for meeting the
requirements of subsection (b) relating to development
and implementation of any school improvement plan as
described in subsections (b)(1) through (b)(3), and
subsection (b)(5), other than subsection (b)(1)(E). The
Bureau of Indian Affairs shall be responsible for
meeting the requirements of subsection (b)(4) relating
to technical assistance.
``(B) Bureau operated schools.--For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection
(b) relating to development and implementation of any
school improvement plan as described in subsections
(b)(1) through (b)(5), other than subsection (b)(1)(E).
``(4) Corrective action and restructuring for bureau-funded
schools.--
``(A) Contract and grant schools.--For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary of
the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the
requirements of subsection (b) relating to corrective
action and restructuring as described in subsection
(b)(7) and (b)(8). Any action taken by such school board
under subsection (b)(7) or (b)(8) shall take into
account the unique circumstances and structure of the
Bureau of Indian Affairs-funded school system and the
laws governing that system.
``(B) Bureau operated schools.--For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection
(b) relating to corrective action and restructuring as
described in subsection (b)(7) and (b)(8). Any action
taken by the Bureau under subsection (b)(7) or (b)(8)
shall take into account the unique circumstances and
structure of the Bureau of Indian Affairs-funded school
system and the laws governing that system.
``(5) Annual report.--On an annual basis, the Secretary of
the Interior shall report to the Secretary of Education and to
the appropriate committees of Congress regarding any schools
funded by the Bureau of Indian Affairs which have been
identified for school improvement. Such report shall include--
``(A) the identity of each school;
``(B) a statement from each affected school board
regarding the factors that lead to such identification;
and
``(C) an analysis by the Secretary of the Interior,
in consultation with the Secretary if the Secretary of
Interior requests the consultation, as to whether
sufficient resources were available to enable such
school to achieve adequate yearly progress.
``(h) Other Agencies.--After receiving the notice described in
subsection (b)(14)(D), the Secretary may notify, to the extent
[[Page 115 STAT. 1498]]
feasible and necessary as determined by the Secretary, other relevant
Federal agencies regarding the major factors that were determined by the
State educational agency to have significantly affected student academic
achievement.
