Table of Contents

ESEA Title IV (No Child Left Behind, 2002) & revisions
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In March, 2010, President Obama laid out his ideas for revamping the Elementary and Secondary Education Act (ESEA), commonly known as No Child Left Behind. The abbreviation, NCLB, is often pronounced “nickel-bee.”

At that time, President Obama released a “Blueprint for Reform” (pdf) that outlined his priorities for the law’s reauthorization. The law was written with the cooperation of Democrats and Republicans in 2001, and signed into law in early 2002 by then-President George W. Bush.

He reintroduced ideas for funding education to “Win the Future” in his January, 2011 State of the Union speech, emphasizing budget priorities that Congress will consider for fiscal year 2010-2011.

In March, 2011, President Obama gave new remarks indicating that he wants to see bipartisan cooperation on revisions to the law and its reauthorization by August, 2011.

 

How to Use This Site

You’ll see this very long law is divided into its component ten sections, or Title I through Title X. You can jump from Title to Title by clicking on the “Legislative focus group and workshop” in the banner, which returns you to the page that lists all the sections.

Click the apple and eraser to go to the home page of K12NewsNetwork.com for more topical education news.

Within each section, you can add your comments or read those left by others. This is a great opportunity to identify those areas you want your legislator to focus on, and gather feedback from other grassroots parents, educators, and students who want to support and improve public education in America. Please do contact your elected representative and make your views known.

K12NewsNetwork.com also has a legislative agenda where we list bills we support or oppose on POPVOX. We connect you to lawmakers so you can shape the laws that affect your life, and urge you to make use of our page or to contact the district or DC offices of your representative by phone, email, fax, or in a constituent visit to the office.

 

An Overview of No Child Left Behind

The preamble to this law’s called “Beginning.” It gives you an overview of what the various subsections of the law are called, and functions as an approximate table of contents.

  • Title I is the longest, toughest slog. It contains important information on parent involvement in public education, programs on the development of reading skills, the education of migratory children, provisions for at-risk kids from low-income backgrounds, and advanced placement testing. Mixed in are a lot of rules regarding grant applications by local and state education agencies which aren’t really relevant to individuals.
  • Title II covers funding used to train teachers and principals. It covers specific programs, like Troops-to-Teachers that help veterans get accreditation for civilian teaching jobs, or the National Writing Project or STEM (science, technology, engineering, or math) education, or teachers who use technology to help them teach.
  • Title III addresses Limited English Learners who want to get up to speed in English as well as native speakers of English who seek instruction in global languages.
  • Title IV addresses non-curricular parts of school culture that nevertheless are important part of the school day. These parts of the law address safety issues, from student health and freedom from drug or alcohol abuse, to gun-free and smoke-free zones.
  • Title V emphasizes parental choice among types of schools, and covers charter schools, which are hybrid public- and private-funded schools that operate under different rules than existing public schools. Also covered here: gifted and talented education, magnet schools, women’s education equity, and physical education. It’s a bit of a catch-all category.
  • Title VI talks about flexibility and accountability–again, aimed more at state and local educational agencies that receive federal money. There is one section on calculation of Adequate Yearly Progress, i.e., standardized testing, which is worth looking at, as is the section on Rural Schools.
  • Title VII addresses the education of children who are Native Hawaiian, Native Alaskan, or belong to an American Indian nation. Native people have a different relationship to the federal government that takes into account that recognized tribes have treaties and other kinds of historically-based agreements with the federal government.
  • Title VIII covers federal payments to a very small number of schools which sound like a one-time peculiarity of funding issues relating to those schools. More broadly, this part of the law allows for federal emergency grants to schools to fix school facilities under certain conditions (if no other way of funding it, such as a bond measure, is possible).
  • Title IX gives attention to the federal government’s limited oversight into private schools. This part also addresses rules governing school prayer, equal access to school facilities (such as in school athletic programs where inequality between boys’ and girls’ athletic teams is often an issue), and armed forces recruiting.
  • Title X is again a catch-all area that contains amendments and repeals of sections of prior law. Here you’ll find tweaks to education laws pertaining to homeless children, American Indian children (as it intersects with the Bureau of Indian Affairs), and laws having to do with teacher training.

SEC. 401. 21ST CENTURY SCHOOLS. Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: TITLE IV--21ST CENTURY SCHOOLS

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SEC. 4001. SHORT TITLE. This part may be cited as the 'Safe and Drug-Free Schools and Communities Act'.

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SEC. 4002. PURPOSE. The purpose of this part is to support programs that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assi [...]

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SEC. 4003. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated — (1) $650,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years, for State grants under subpart 1; and (2) such sums for fiscal year 2002, and for each of the 5 succeeding fiscal years, for national programs under subpart 2. -###-

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SEC. 4111. RESERVATIONS AND ALLOTMENTS. (a) RESERVATIONS- (1) IN GENERAL- From the amount made available under section 4003(1) to carry out this subpart for each fiscal year, the Secretary — (A) shall reserve 1 percent or $4,750,000 (whichever is greater) of such amount for grants to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with the Secretary's dete [...]

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SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS. (a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER OF A STATE- (1) IN GENERAL- The chief executive officer of a State may reserve not more than 20 percent of the total amount allocated to a State under section 4111(b) for each fiscal year to award competitive grants and contracts to local educational agencies, community-based organizations (including community anti-drug coalitions) other pub [...]

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SEC. 4113. STATE APPLICATION. (a) IN GENERAL- In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that — (1) contains a comprehensive plan for the use of funds by the State educational agency and the chief executive officer of the State to provide safe, orderly, and drug-free schools and communities through programs and activities that co [...]

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SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM. (a) IN GENERAL- (1) FUNDS TO LOCAL EDUCATIONAL AGENCIES- A State shall provide the amount made available to the State under this subpart, less the amounts reserved under section 4112 to local educational agencies for drug and violence prevention and education programs and activities as follows: (A) 60 percent of such amount based on the relative amount such agencies received under part A of title I for the [...]

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SEC. 4115. AUTHORIZED ACTIVITIES. (a) PRINCIPLES OF EFFECTIVENESS- (1) IN GENERAL- For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, such program or activity shall — (A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities to be served, including an objective analysis of the curr [...]

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SEC. 4116. REPORTING. (a) STATE REPORT- (1) IN GENERAL- By December 1, 2003, and every 2 years thereafter, the chief executive officer of the State, in cooperation with the State educational agency, shall submit to the Secretary a report — (A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and local educational agency programs under section 4115(b), as well as an assessment of their effectiveness; [...]

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SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS. (a) GENERAL AUTHORITY- From the funds made available pursuant to section 4111(a)(1)(C) to carry out this section, the Secretary shall make grants to or enter into cooperative agreements or contracts with organizations primarily serving and representing Native Hawaiians for the benefit of Native Hawaiians to plan, conduct, and administer programs, or portions thereof, that are authorized by and consistent with the provisions of [...]

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SEC. 4121. FEDERAL ACTIVITIES. (a) PROGRAM AUTHORIZED- From funds made available to carry out this subpart under section 4003(2), the Secretary, in consultation with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, and the Attorney General, shall carry out programs to prevent the illegal use of drugs and violence among, and promote safety and discipline for, students. The Secretary shall carry out such programs [...]

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SEC. 4122. IMPACT EVALUATION. (a) BIENNIAL EVALUATION- The Secretary, in consultation with the Safe and Drug-Free Schools and Communities Advisory Committee described in section 4124, shall conduct an independent biennial evaluation of the impact of programs assisted under this subpart and of other recent and new initiatives to combat violence and illegal drug use in schools. The evaluation shall report on whether community and local educational agency programs funded [...]

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SEC. 4123. HATE CRIME PREVENTION. (a) GRANT AUTHORIZATION- From funds made available to carry out this subpart under section 4003(2) the Secretary may make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities most directly affected by hate crimes. (b) USE OF FUNDS- (1) PROGRAM DEVELOPMENT- Grants under this section may be used to improve elementary and secondary educational efforts, including — [...]

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SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY COMMITTEE. (a) ESTABLISHMENT- (1) IN GENERAL- There is hereby established an advisory committee to be known as the Safe and Drug Free Schools and Communities Advisory Committee' (referred to in this section as the Advisory Committee') to — (A) consult with the Secretary under subsection (b); (B) coordinate Federal school- and community-based substance abuse and violence prevention p [...]

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SEC. 4125. NATIONAL COORDINATOR PROGRAM. (a) IN GENERAL- From funds made available to carry out this subpart under section 4003(2), the Secretary may provide for the establishment of a National Coordinator Program under which the Secretary shall award grants to local educational agencies for the hiring of drug prevention and school safety program coordinators. (b) USE OF FUNDS- Amounts received under a grant under subsection (a) shall be used by local educational agen [...]

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SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM. (a) IN GENERAL- From funds made available to carry out this subpart under section 4003(2), the Secretary may make grants to States to carry out programs under which students expelled or suspended from school are required to perform community service. (b) ALLOCATION- From the amount described in subsection (a), the Secretary shall allocate among the States — (1) one-half according to the ratio between the school-aged populati [...]

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SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER. (a) CENTER- From funds made available to carry out this subpart under section 4003(2), the Secretary, the Attorney General, and the Secretary of Energy may enter into an agreement for the establishment at the Sandia National Laboratories, in partnership with the National Law Enforcement and Corrections Technology Center — Southeast and the National Center for Rural Law Enforcement in Little Rock, Arkansas, of [...]

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SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY. (a) ESTABLISHMENT- From funds made available to carry out this subpart under section 4003(2), the Secretary of Education and the Attorney General may jointly establish a National Center for School and Youth Safety (in this section referred to as the Center'). The Secretary of Education and the Attorney General may establish the Center at an existing facility, if the facility has a history of performing two or more [...]

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SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE. (a) IN GENERAL- The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, may award grants from funds made available to carry out this subpart under section 4003(2), on a competitive basis, to local educational agencies to enable such agencies to develop and implement innovative and effective programs to reduce alcohol abuse in secondary schools. (b) ELIGIBILITY- To [...]

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SEC. 4130. MENTORING PROGRAMS. (a) PURPOSE; DEFINITIONS- (1) PURPOSE- The purpose of this section is to make assistance available to promote mentoring programs for children with greatest need — (A) to assist such children in receiving support and guidance from a mentor; (B) to improve the academic achievement of such children; (C) to improve interpersonal relationships between such children and their peers, teachers, other adults, an [...]

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SEC. 4141. GUN-FREE REQUIREMENTS. (a) SHORT TITLE- This subpart may be cited as the Gun-Free Schools Act'. (b) REQUIREMENTS- (1) IN GENERAL- Each State receiving Federal funds under any title of this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdictio [...]

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SEC. 4151. DEFINITIONS. In this part: (1) CONTROLLED SUBSTANCE- The term controlled substance' means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) DRUG- The term drug' includes controlled substances; the illegal use of alcohol and tobacco; and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (3) DRUG AN [...]

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SEC. 4152. MESSAGE AND MATERIALS. (a) WRONG AND HARMFUL' MESSAGE- Drug and violence prevention programs supported under this part shall convey a clear and consistent message that the illegal use of drugs and acts of violence are wrong and harmful. (b) CURRICULUM- The Secretary shall not prescribe the use of specific curricula for programs supported under this part.

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SEC. 4153. PARENTAL CONSENT. Upon receipt of written notification from the parents or legal guardians of a student, the local educational agency shall withdraw such student from any program or activity funded under this part. The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under this part, other than classroom instruction.

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SEC. 4154. PROHIBITED USES OF FUNDS. No funds under this part may be used for — (1) construction (except for minor remodeling needed to accomplish the purposes of this part); or (2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs.

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SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS. (a) NONAPPLICATION OF PROVISIONS- This section shall not apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level. (b) DISCIPLINARY RECORDS- In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later [...]

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SEC. 4201. PURPOSE; DEFINITIONS. (a) PURPOSE- The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that — (1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet State and local student academic achievement standards in core academic subjects, such as reading and ma [...]

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SEC. 4202. ALLOTMENTS TO STATES. (a) RESERVATION- From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve — (1) such amount as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants); (2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to [...]

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SEC. 4203. STATE APPLICATION. (a) IN GENERAL- In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that — (1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2) describes how the State educational agency will use funds received under this part, [...]

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SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. (a) IN GENERAL- A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to eligible entities for community learning centers in accordance with this part. (b) APPLICATION- (1) IN GENERAL- To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such informa [...]

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SEC. 4205. LOCAL ACTIVITIES. (a) AUTHORIZED ACTIVITIES- Each eligible entity that receives an award under this part may use the award funds to carry out a broad array of before and after school activities (including during summer recess periods) that advance student academic achievement, including — (1) remedial education activities and academic enrichment learning programs, including providing additional assistance to students to allow the students to improve [...]

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SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated — (1) $1,250,000,000 for fiscal year 2002; (2) $1,500,000,000 for fiscal year 2003; (3) $1,750,000,000 for fiscal year 2004; (4) $2,000,000,000 for fiscal year 2005; (5) $2,250,000,000 for fiscal year 2006; and (6) $2,500,000,000 for fiscal year 2007. -###-

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SEC. 4301. SHORT TITLE. This part may be cited as the 'Pro-Children Act of 2001'.

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SEC. 4302. DEFINITIONS. As used in this part: (1) CHILDREN- The term children' means individuals who have not attained the age of 18. (2) CHILDREN'S SERVICES- The term children's services' means the provision on a routine or regular basis of health, day care, education, or library services — (A) that are funded, after the date of enactment of the No Child Left Behind Act of 2001, directly by the Federal Government or through State or [...]

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SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES. (a) PROHIBITION- After the date of enactment of the No Child Left Behind Act of 2001, no person shall permit smoking within any indoor facility owned or leased or contracted for, and utilized, by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children. (b) ADDITIONAL PROHIBITION- (1) IN GENERAL- After the date of enactment of the No Chi [...]

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SEC. 4304. PREEMPTION. Nothing in this part is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part. -###-

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