Elementary and Secondary Education Act: NCLB

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PL 107-110, the No Child Left Behind Act of 2001
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NCLB Titles
Each title and section is directly linked to the text of the law.

Title I Improving the Academic Achievement of the Disadvantaged
Title I is the largest federal program supporting elementary and secondary education. It requires improvements in education and dropout prevention for disadvantaged students (including low-income students; migratory students; students who are neglected or delinquent, students with disabilities; English language learners; and other students who are at risk of low academic performance). All Title I teachers of core academic subjects hired after the first day of the 2002-2003 school year must meet the NCLB definition of "highly qualified." Requirements for the qualifications of paraprofessionals are also set forth. The accountability measures of Title I require annual assessments at grades 3-8 in a single statewide accountability system, with reports that show results by poverty, race/ethnicity, and limited English proficiency. States must meet measurable annual objectives for all students to achieve proficiency in reading and math by the 2013-2014 school year. Special provisions support new immigrant students in middle and high schools and their families in understanding how the U.S. Government works. The national assessment includes a coordinated set of evaluation studies to measure the implementation and impact of the Title I provisions.

Title II Preparing, Training, and Recruiting High Quality Teachers and Principals
Title II holds schools and districts accountable for improving students' academic performance by ensuring that educators have appropriate qualifications. All teachers must meet the NCLB definition of "highly qualified" by the end of the 2005-2006 school year. Grant programs encourage effective recruitment, hiring, retention, and professional development of teachers and school administrators. Additional programs focus on professional development of early childhood educators, and on instructional television programming that is accessible by low-income preschool and elementary school children. Title II also supports professional development for teachers of math, science, writing, civic education, and American history, and in integrating technology in instruction. Grant programs are included to relieve teacher shortages through recruitment and preparation of retiring military personnel and other career changers.

Title III Language Instruction for Limited English Proficient and Immigrant Students
Title III directs 95 percent of its funds to the local level. School districts must ensure that all teachers of language instruction for limited English proficient (LEP) students are fluent in English and any other language used in the program, including written and oral communication skills. Instructional programs and curricula must be tied to scientifically based research. States are required to establish standards and benchmarks for raising English proficiency and the performance of LEP students on the academic standards of statewide assessments. Any student who has attended school in the U.S. (excluding Puerto Rico) for three or more years must be tested in English. States and districts are held accountable for meeting annual achievement objectives in the academic achievement of LEP students.

Title IV 21st Century Schools
Title IV describes requirements for programs to prevent school violence; prevent illegal use of drugs, alcohol, and tobacco by young people; and foster a safe and drug-free environment that supports academic achievement. Principles of Effectiveness for Safe and Drug-Free Schools programs set forth research-based strategies and requires needs assessments and annual performance measures. Each State must collect annual data and publicly report information on school safety and drug use. In the State Grant Program, 80 percent of funds flow to local districts for a wide range of activities. The National Grant Program provides discretionary funds for special initiatives, which include grants for hate crime prevention; funds for districts to hire and train drug prevention and school safety coordinators; State grants for programs that require students expelled or suspended from school to perform community service; grants to reduce alcohol abuse in secondary schools; and funds for school districts and community groups to conduct mentoring programs for at-risk students. Title IV also establishes the two technical assistance projects: the National School Security Technology and Resource Center and the National Center for School and Youth Safety.

Title V Promoting Informed Parental Choice and Innovative Programs
Under Title VI, the Innovative Programs State Grants assist districts in supporting State reform through innovate efforts to meet the special needs of high-risk and high-need students. The Voluntary Public School Choice program provides competitive grants to States, districts, or partnerships to expand school choice programs and options. The Public Charter Schools program provides competitive grants for States (or for individual charter schools if the State does not acquire a grant). These grants must include provisions for helping economically disadvantaged students meet standards. The Magnet Schools Assistance program provides competitive funds to establish magnet school programs in districts that are under a court-ordered or federally approved voluntary desegregation plan to eliminate, reduce, or prevent minority group isolation in schools. The Community Technology Centers program funds model programs that significantly expand access to computers and related technology services in urban and rural areas and economically distressed communities. The provisions for Parent Assistance Centers allow nonprofit organizations or consortia of nonprofits and school districts to establish Parent Information and Resource Centers.

Additional Title V provisions include a competitive grant program to create small learning communities in large high schools – as well as program to establish or expand counseling programs in elementary schools, including the hiring and professional development of qualified school counselors, school psychologists, child and adolescent psychiatrists, and social workers for schools; case load goals are specified. Competitive grant programs for development and/or improvement are also included in Gifted and Talented Education, Foreign Language Assistance, Physical Education, Arts in Education, Character Education, and Women's Educational Equity. In addition, the public-private partnership with Reading is Fundamental subcontracts with local agencies and nonprofits and to provide books for children from birth through high school, and Ready To Teach provides funds for national telecommunications-based programming to improve teaching in core curriculum areas.

Title VI Flexibility and Accountability
Title VI provides funds to States develop additional standards and assessments, as well as competitive grants to help States collaborate with other organizations to improve State assessments beyond NCLB's requirements. Three other Title VI programs allow flexibility in order to elevate student performance and close the achievement grant. The first is Funding Transferability for State and Local Education Agencies, which allows a State to combine up to 50 percent of funds it receives from several specific NCLB programs for this purpose. Districts not in corrective action or in need of improvement may do the same. The second is the State Flexibility (State-Flex) Authority, a competitive plan that gives up to seven States additional flexibility to consolidate funds under several federal programs. The third is the Local Flexibility (Local-Flex) Demonstration program, a competitive process that allows school districts to consolidate funds under certain federal programs. In addition, Title VI includes two programs for rural education.. The Rural, Small School Initiative provides additional formula funds and flexibility to small, rural districts, based on small attendance or county population. The Rural and Low-Income Schools Initiative provides funds to rural districts that serve high concentrations of low-income students.

Title VII Indian, Native Hawaiian, and Alaska Native Education

Title VII formula grants for American Indian education go to districts and BIA schools where at least 10 American Indian children are enrolled, or where American Indian children make up to 25 percent of the enrollment, although there are some exemptions. Competitive grants for educational improvement are available to States, districts, Tribal organizations, and BIA schools. Title VII consolidates six former Native Hawaiian Education programs into one comprehensive grant program. Priorities are K-3 reading and literacy; needs of at-risk children and youth; needs in fields or disciplines where Native Hawaiians are under-represented; and the use of native Hawaiian language in instruction. Title VII also consolidates formerly separate programs for Alaska Native Education. The wide range of grant activities includes curriculum development, teacher training and recruitment, home-based preschool education, student enrichment, cultural exchanges, parenting education, dropout prevention, community engagement, and other initiatives.

Title VIII Impact Aid Program
Title VIII provides funds to districts that are impacted by federal activities. Back support payments provide formula grants to 1,400 districts with children of families connected with federal employment. There is also supplemental assistance to districts with federally connected children who have disabilities. Other funds support the building, renovation, and/or of school facilities. Payments for federal property compensate districts for revenues that would have accrued if federal property had remained on the local tax rolls.

Title IX General Provisions
Title IX sets forth provisions that apply to all NCLB programs and funding. Among these are: (a) authorization to States to develop content standards; (b) prohibition of federally sponsored national testing, except for international comparisons and the National Assessment of Educational Progress; (c) authority to consolidate funds and to submit applications that consolidate funds; (d) State reporting to the federal government in just one consolidated annual report; (e) options for students to attend safe schools; (f) prohibition national teacher or paraprofessional testing.

Title X Repeals, Redesignations, and Amendments to Other Statutes
The McKinley-Vento Homeless Education Assistance Improvements program makes formula grants to States to distribute in district subgrants that address issues related to education for homeless children. Title X adds provisions for school choice.