20 U.S.C. § 6311
Section 6311 · State plans
Current version, with additions and removals from the January 8, 2002 version.
(1) In general
(1) In general
For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this subchapter), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], the Carl D. Perkins Vocational and Technical Education Act of 1998 [20 U.S.C. 2301 et seq.], the Head Start Act [42 U.S.C. 9831 et seq.], the Adult Education and Family Literacy Act [20 U.S.C. 9201 et seq.], and the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.].
For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—
(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and
(B) is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.),1 the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),2 the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the Education 3 Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).
(2) Limitation
Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.
A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 7842 of this title.
A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 7842 of this title.
(4) Peer review and Secretarial approval
(A) In general
The Secretary shall—
(i) establish a peer-review process to assist in the review of State plans;
(ii) establish multidisciplinary peer-review teams and appoint members of such teams—
(I) who are representative of—
(aa) parents, teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and the community (including the business community); and
(bb) researchers who are familiar with—
(BB) how to meet the needs of disadvantaged students, children with disabilities, and English learners, the needs of low-performing schools, and other educational needs of students;
(II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State educational agency); and
(III) who represent a regionally diverse cross-section of States;
(iii) make available to the public, including by such means as posting to the Department's website, the list of peer reviewers who have reviewed State plans under this section;
(iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans;
(v) approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi);
(vi) have the authority to disapprove a State plan only if—
(I) the Secretary—
(aa) determines how the State plan fails to meet the requirements of this section;
(bb) immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to substantiate such determination;
(cc) offers the State an opportunity to revise and resubmit its State plan, and provides the State—
(AA) technical assistance to assist the State in meeting the requirements of this section;
(BB) in writing, all peer-review comments, suggestions, recommendations, or concerns relating to its State plan; and
(CC) a hearing, unless the State declines the opportunity for such hearing; and
(II) the State—
(aa) does not revise and resubmit its State plan; or
(bb) in a case in which a State revises and resubmits its State plan after a hearing is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section.
(B) Purpose of peer review
The peer-review process shall be designed to—
(i) maximize collaboration with each State;
(ii) promote effective implementation of the challenging State academic standards through State and local innovation; and
(iii) provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans.
(C) Standard and nature of review
Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan.
(D) Prohibition
Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process.
(5) Public review
All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public on the Department's website, including—
(A) plans submitted or resubmitted by a State;
(B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work);
(C) State plan determinations by the Secretary, including approvals or disapprovals; and
(D) notices and transcripts of hearings under this section.
(6) Duration of the plan
(A) In general
Each State plan shall—
(i) remain in effect for the duration of the State's participation under this part; and
(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part.
(B) Additional information
(i) In general
If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.
(ii) Review of revised plans
The Secretary shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph.
(iii) Special rule for standards
If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply.
(7) Failure to meet requirements
If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.
(8) Public comment
Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the State plan.
(1) Challenging State academic standards
(A) In general
(A) In general
(B) Same standards
(B) Same standards
The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State.
Except as provided in subparagraph (E), the standards required by subparagraph (A) shall—
(i) apply to all public schools and public school students in the State; and
(ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State.
(C) Subjects
(C) Subjects
(D) Challenging academic standards
Standards under this paragraph shall include—
(i) challenging academic content standards in academic subjects that—
(I) specify what children are expected to know and be able to do;
(II) contain coherent and rigorous content; and
(III) encourage the teaching of advanced skills; and
(ii) challenging student academic achievement standards that—
(D) Alignment
(i) In general
Each State shall demonstrate that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards.
(ii) Rule of construction
Nothing in this chapter shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this paragraph.
(E) Alternate academic achievement standards for students with the most significant cognitive disabilities
(i) In general
The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards—
(II) describe two levels of high achievement (proficient and advanced) that determine how well children are mastering the material in the State academic content standards; and
(III) describe a third level of achievement (basic) to provide complete information about the progress of the lower-achieving children toward mastering the proficient and advanced levels of achievement.
(E) Information
For the subjects in which students will be served under this part, but for which a State is not required by subparagraphs (A), (B), and (C) to develop, and has not otherwise developed, such academic standards, the State plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such subjects and held to the same expectations as are all children.
(II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(III) reflect professional judgment as to the highest possible standards achievable by such students;
(IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) for each such student as the academic achievement standards that will be used for the student; and
(V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of Public Law 93–112 [29 U.S.C. 701 et seq.], as in effect on July 22, 2014.
(ii) Prohibition on any other alternate or modified academic achievement standards
A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i).
Each State plan shall demonstrate that the State has adopted English language proficiency standards that—
(i) are derived from the 4 recognized domains of speaking, listening, reading, and writing;
(ii) address the different proficiency levels of English learners; and
(iii) are aligned with the challenging State academic standards.
(G) Prohibitions
(i) Standards review or approval
A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval.
(ii) Federal control
The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State.
(H) Existing standards
(2) Accountability
(A) In general
Each State plan shall demonstrate that the State has developed and is implementing a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph. Each State accountability system shall—
(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and (3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account the achievement of all public elementary school and secondary school students;
(ii) be the same accountability system the State uses for all public elementary schools and secondary schools or all local educational agencies in the State, except that public elementary schools, secondary schools, and local educational agencies not participating under this part are not subject to the requirements of section 6316 of this title; and
(iii) include sanctions and rewards, such as bonuses and recognition, the State will use to hold local educational agencies and public elementary schools and secondary schools accountable for student achievement and for ensuring that they make adequate yearly progress in accordance with the State's definition under subparagraphs (B) and (C).
(B) Adequate yearly progress
Each State plan shall demonstrate, based on academic assessments described in paragraph (3), and in accordance with this paragraph, what constitutes adequate yearly progress of the State, and of all public elementary schools, secondary schools, and local educational agencies in the State, toward enabling all public elementary school and secondary school students to meet the State's student academic achievement standards, while working toward the goal of narrowing the achievement gaps in the State, local educational agencies, and schools.
(C) Definition
“Adequate yearly progress” shall be defined by the State in a manner that—
(i) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State;
(ii) is statistically valid and reliable;
(iii) results in continuous and substantial academic improvement for all students;
(iv) measures the progress of public elementary schools, secondary schools and local educational agencies and the State based primarily on the academic assessments described in paragraph (3);
(v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following:
(I) The achievement of all public elementary school and secondary school students.
(II) The achievement of—
(aa) economically disadvantaged students;
(bb) students from major racial and ethnic groups;
(cc) students with disabilities; and
(dd) students with limited English proficiency;
except that disaggregation of data under subclause (II) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student;
(vi) in accordance with subparagraph (D), includes graduation rates for public secondary school students (defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years) and at least one other academic indicator, as determined by the State for all public elementary school students; and
(vii) in accordance with subparagraph (D), at the State's discretion, may also include other academic indicators, as determined by the State for all public school students, measured separately for each group described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance rates, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses.
(D) Requirements for other indicators
In carrying out subparagraph (C)(vi) and (vii), the State—
(i) shall ensure that the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and
(ii) except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise be subject to school improvement, corrective action, or restructuring under section 6316 of this title if those additional indicators were not used, but may use them to identify additional schools for school improvement or in need of corrective action or restructuring.
(E) Starting point
Each State, using data for the 2001–2002 school year, shall establish the starting point for measuring, under subparagraphs (G) and (H), the percentage of students meeting or exceeding the State's proficient level of academic achievement on the State assessments under paragraph (3) and pursuant to the timeline described in subparagraph (F). The starting point shall be, at a minimum, based on the higher of the percentage of students at the proficient level who are in—
(i) the State's lowest achieving group of students described in subparagraph (C)(v)(II); or
(ii) the school at the 20th percentile in the State, based on enrollment, among all schools ranked by the percentage of students at the proficient level.
(F) Timeline
Each State shall establish a timeline for adequate yearly progress. The timeline shall ensure that not later than 12 years after the end of the 2001–2002 school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State's proficient level of academic achievement on the State assessments under paragraph (3).
(G) Measurable objectives
Each State shall establish statewide annual measurable objectives, pursuant to subparagraph (C)(v), for meeting the requirements of this paragraph, and which—
(i) shall be set separately for the assessments of mathematics and reading or language arts under subsection (a)(3) of this section;
(ii) shall be the same for all schools and local educational agencies in the State;
(iii) shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph (C)(v);
(iv) shall ensure that all students will meet or exceed the State's proficient level of academic achievement on the State assessments within the State's timeline under subparagraph (F); and
(v) may be the same for more than 1 year, subject to the requirements of subparagraph (H).
(H) Intermediate goals for annual yearly progress
Each State shall establish intermediate goals for meeting the requirements, including the measurable objectives in subparagraph (G), of this paragraph and that shall—
(i) increase in equal increments over the period covered by the State's timeline under subparagraph (F);
(ii) provide for the first increase to occur in not more than 2 years; and
(iii) provide for each following increase to occur in not more than 3 years.
(I) Annual improvement for schools
Each year, for a school to make adequate yearly progress under this paragraph—
(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set by the State under subparagraph (G), except that if any group described in subparagraph (C)(v) does not meet those objectives in any particular year, the school shall be considered to have made adequate yearly progress if the percentage of students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year decreased by 10 percent of that percentage from the preceding school year and that group made progress on one or more of the academic indicators described in subparagraph (C)(vi) or (vii); and
(ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(17)(A) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(17)(A)] and paragraph (3), on which adequate yearly progress is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).
(J) Uniform averaging procedure
For the purpose of determining whether schools are making adequate yearly progress, the State may establish a uniform procedure for averaging data which includes one or more of the following:
(i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year.
(ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding January 8, 2002, provided that nothing in this clause shall be construed to undermine or delay the determination of adequate yearly progress, the requirements of section 6316 of this title, or the implementation of assessments under this section.
(iii) The State may use data across grades in a school.
(K) Accountability for charter schools
The accountability provisions under this chapter shall be overseen for charter schools in accordance with State charter school law.
(A) In general
(A) In general
(B) Use of assessments
Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, and graduation records over time.
Such assessments shall—
The assessments under subparagraph (A) shall—
(i) except as provided in subparagraph (D), be—
(II) administered to all public elementary school and secondary school students in the State;
(v)(I) except as otherwise provided for grades 3 through 8 under clause vii, measure the proficiency of students in, at a minimum, mathematics and reading or language arts, and be administered not less than once during—
(v)(I) in the case of mathematics and reading or language arts, be administered—
(bb) grades 6 through 9; and
(cc) grades 10 through 12;
(bb) at least once in grades 9 through 12;
(aa) grades 3 through 5;
(aa) grades 3 through 5;
(bb) grades 6 through 9; and
(bb) grades 6 through 9; and
(III) in the case of any other subject chosen by the State, be administered at the discretion of the State;
(vii) beginning not later than school year 2005–2006, measure the achievement of students against the challenging State academic content and student academic achievement standards in each of grades 3 through 8 in, at a minimum, mathematics, and reading or language arts, except that the Secretary may provide the State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevented full implementation of the academic assessments by that deadline and that the State will complete implementation within the additional 1-year period;
(viii) at the discretion of the State, measure the proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has adopted challenging academic content and academic achievement standards;
(I) the participation in such assessments of all students;
(I) the participation in such assessments of all students;
(viii) at the State's discretion—
(I) be administered through a single summative assessment; or
(II) be administered through multiple statewide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth;
(xi) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency;
(xi) enable results to be disaggregated within each State, local educational agency, and school by—
(I) each major racial and ethnic group;
(II) economically disadvantaged students as compared to students who are not economically disadvantaged;
(III) children with disabilities as compared to children without disabilities;
(IV) English proficiency status;
(V) gender; and
(VI) migrant status,
(xiv) be consistent with widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; and
(D) Deferral
A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, that were not required prior to January 8, 2002, for 1 year for each year for which the amount appropriated for grants under section 7301b(a)(2) of this title is less than—
(i) $370,000,000 for fiscal year 2002;
(ii) $380,000,000 for fiscal year 2003;
(iii) $390,000,000 for fiscal year 2004; and
(iv) $400,000,000 for fiscal years 2005 through 2007.
(4) Special rule
Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment under paragraph (3) as additional measures, but may not be used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be used to reduce the number of or change, the schools that would otherwise be subject to school improvement, corrective action, or restructuring under section 6316 of this title if such additional indicators were not used, but may be used to identify additional schools for school improvement or in need of corrective action or restructuring except as provided in paragraph (2)(I)(i).
(xiii) be developed, to the extent practicable, using the principles of universal design for learning.
(C) Exception for advanced mathematics in middle school
A State may exempt any 8th grade student from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if—
(i) such student takes the end-of-course assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics;
(ii) such student's achievement on such end-of-course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student's achievement on the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of subsection (c)(4)(B)(vi); 4 and
(iii) in high school, such student takes a mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that—
(I) is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this subparagraph; and
(II) shall be used to measure such student's academic achievement for purposes of subsection (c)(4)(B)(i).
(D) Alternate assessments for students with the most significant cognitive disabilities
(i) Alternate assessments aligned with alternate academic achievement standards
A State may provide for alternate assessments aligned with the challenging State academic standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State—
(I) consistent with clause (ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject;
(II) ensures that the parents of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)))—
(aa) that their child's academic achievement will be measured based on such alternate standards; and
(bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;
(III) promotes, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum;
(IV) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments;
(V) describes in the State plan that general and special education teachers, and other appropriate staff—
(aa) know how to administer the alternate assessments; and
(bb) make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph;
(VI) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities—
(aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and
(bb) who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and
(VII) does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma.
(ii) Special rules
(I) Responsibility under IDEA
Subject to the authority and requirements for the individualized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with the guidelines established by the State and required under section 612(a)(16)(C) of such Act (20 U.S.C. 1412(c)(16)(C)) 5 and clause (i)(II) of this subparagraph, shall determine when a child with a significant cognitive disability shall participate in an alternate assessment aligned with the alternate academic achievement standards.
(II) Prohibition on local cap
Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to impose on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I) shall submit information to the State educational agency justifying the need to exceed such cap.
(III) State support
A State shall provide appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II).
(IV) Waiver authority
This subparagraph shall be subject to the waiver authority under section 7861 of this title.
(i) In general
(ii) Secretarial assistance
The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction.
(i) In general
(8) Requirement
(ii) Alignment
The assessments described in clause (i) shall be aligned with the State's English language proficiency standards described in paragraph (1)(F).
(H) Locally-selected assessment
(i) In general
Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph.
(ii) State technical criteria
To allow for State approval of nationally-recognized high school academic assessments that are available for local selection under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v).
(iii) State approval
If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not already been approved under this clause, such State educational agency shall—
(I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State educational agency under clause (ii);
(II) submit evidence in accordance with subsection (a)(4) that demonstrates such assessment meets the requirements of clause (v); and
(III) after fulfilling the requirements of subclauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i).
(iv) Local educational agency option
(I) Local educational agency
If a local educational agency chooses to submit a nationally-recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i).
(II) State educational agency
Upon such approval, the State educational agency shall approve the use of such assessment in any other local educational agency in the State that subsequently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii).
(v) Requirements
To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall—
(I) be aligned to the State's academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this paragraph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments);
(II) provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in subsection (c)(2), with results expressed in terms consistent with the State's academic achievement standards under paragraph (1), among all local educational agencies within the State;
(III) meet the requirements for the assessments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under clause (i) of such subparagraph; and
(IV) provide unbiased, rational, and consistent differentiation between schools within the State to meet the requirements of subsection (c).
(vi) Parental notification
A local educational agency shall notify the parents of high school students served by the local educational agency—
(I) of its request to the State educational agency for approval to administer a locally-selected assessment; and
(II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local educational agency will be administering a different assessment than the State-designed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v).
(I) Deferral
A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000.
(J) Adaptive assessments
(i) In general
Subject to clause (ii), a State retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except that—
(I) subparagraph (B)(i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items; and
(II) such assessment—
(aa) shall measure, at a minimum, each student's academic proficiency based on the challenging State academic standards for the student's grade level and growth toward such standards; and
(bb) may measure the student's level of academic proficiency and growth using items above or below the student's grade level, including for use as part of a State's accountability system under subsection (c).
(ii) Students with the most significant cognitive disabilities and English learners
In developing and administering computer adaptive assessments—
(I) as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments—
(aa) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student's academic achievement to measure, in the subject being assessed, whether the student is performing at the student's grade level; and
(II) as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments—
(aa) meet the requirements of this paragraph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student's language proficiency, which may include growth towards such proficiency, in order to measure the student's acquisition of English.
(K) Rule of construction on parent rights
Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent's child participate in the academic assessments under this paragraph.
(L) Limitation on assessment time
Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual instructional hours.
(3) Exception for recently arrived English learners
(A) Assessments
With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to—
(i) exclude—
(I) such an English learner from one administration of the reading or language arts assessment required under paragraph (2); and
(II) such an English learner's results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner's enrollment in such a school for the purposes of the State-determined accountability system under subsection (c); or
(ii)(I) assess, and report the performance of, such an English learner on the reading or language arts and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student's enrollment in such a school; and
(II) for the purposes of the State-determined accountability system—
(aa) for the first year of the student's enrollment in such a school, exclude the results on the assessments described in subclause (I);
(bb) include a measure of student growth on the assessments described in subclause (I) in the second year of the student's enrollment in such a school; and
(cc) include proficiency on the assessments described in subclause (I) in the third year of the student's enrollment in such a school, and each succeeding year of such enrollment.
(B) English learner subgroup
With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student's assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability system.
(1) In general
Each State plan shall describe a statewide accountability system that complies with the requirements of this subsection and subsection (d).
(2) Subgroup of students
In this subsection and subsection (d), the term "subgroup of students" means—
(A) economically disadvantaged students;
(B) students from major racial and ethnic groups;
(C) children with disabilities; and
(D) English learners.
(3) Minimum number of students
(A) how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 6312(c)(1)(D), 6314(b), and 6315(c) of this title that is applicable to such agency or school;
(B) how the State educational agency will assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students assessed as needing help to achieve the State's challenging academic achievement standards;
(A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students—
(i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup of students in the State;
(ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining such minimum number; and
(iii) how the State ensures that such minimum number is sufficient to not reveal any personally identifiable information.
(4) Description of system
The statewide accountability system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following:
(A) Establishment of long-term goals
Establish ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting such goals—
(i) for all students and separately for each subgroup of students in the State—
(I) for, at a minimum, improved—
(aa) academic achievement, as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and
(bb) high school graduation rates, including—
(AA) the four-year adjusted cohort graduation rate; and
(BB) at the State's discretion, the extended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long-term goal set for the four-year adjusted cohort graduation rate;
(II) for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and
(III) that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and
(ii) for English learners, for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline.
(B) Indicators
Except for the indicator described in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators:
(i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—
(I) as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and
(II) at the State's discretion, for each public high school in the State, student growth, as measured by such annual assessments.
(ii) For public elementary schools and secondary schools that are not high schools in the State—
(I) a measure of student growth, if determined appropriate by the State; or
(II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance.
(iii) For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)—
(I) the four-year adjusted cohort graduation rate; and
(II) at the State's discretion, the extended-year adjusted cohort graduation rate.
(iv) For public schools in the State, progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners—
(I) in each of the grades 3 through 8; and
(II) in the grade for which such English learners are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in subsection (b)(2)(G) taken in the previous grade.
(v)(I) For all public schools in the State, not less than one indicator of school quality or student success that—
(aa) allows for meaningful differentiation in school performance;
(bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and
(cc) may include one or more of the measures described in subclause (II).
(II) For purposes of subclause (I), the State may include measures of—
(III) 6 student engagement;
(IV) 6 educator engagement;
(V) 6 student access to and completion of advanced coursework;
(VI) 6 postsecondary readiness;
(VII) 6 school climate and safety; and
(VIII) 6 any other indicator the State chooses that meets the requirements of this clause.
(C) Annual meaningful differentiation
Establish a system of meaningfully differentiating, on an annual basis, all public schools in the State, which shall—
(i) be based on all indicators in the State's accountability system under subparagraph (B), for all students and for each of 7 subgroup of students, consistent with the requirements of such subparagraph;
(ii) with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford—
(I) substantial weight to each such indicator; and
(II) in the aggregate, much greater weight than is afforded to the indicator or indicators utilized by the State and described in subparagraph (B)(v), in the aggregate; and
(iii) include differentiation of any such school in which any subgroup of students is consistently underperforming, as determined by the State, based on all indicators under subparagraph (B) and the system established under this subparagraph.
(D) Identification of schools
Based on the system of meaningful differentiation described in subparagraph (C), establish a State-determined methodology to identify—
(i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive support and improvement, as described in subsection (d)(1), which shall include—
(I) not less than the lowest-performing 5 percent of all schools receiving funds under this part in the State;
(II) all public high schools in the State failing to graduate one third or more of their students; and
(III) public schools in the State described under subsection (d)(3)(A)(i)(II); and
(ii) at the discretion of the State, additional statewide categories of schools.
(E) Annual measurement of achievement
(i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).
(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—
(I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or
(II) the number of students participating in the assessments.
(iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system.
(F) Partial attendance
(i) In the case of a student who has not attended the same school within a local educational agency for at least half of a school year, the performance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)—
(I) may not be used in the system of meaningful differentiation of all public schools as described in subparagraph (C) for such school year; and
(II) shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year.
(ii) In the case of a high school student who has not attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without transferring to another high school that grants a regular high school diploma during such school year, the local educational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school—
(I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or
(II) in which the student was most recently enrolled.
(5) Accountability for charter schools
The accountability provisions under this chapter shall be overseen for charter schools in accordance with State charter school law.
(1) Comprehensive support and improvement
(A) In general
Each State educational agency receiving funds under this part shall notify each local educational agency in the State of any school served by the local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i).
(B) Local educational agency action
Upon receiving such information from the State, the local educational agency shall, for each school identified by the State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that—
(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against State-determined long-term goals;
(ii) includes evidence-based interventions;
(iii) is based on a school-level needs assessment;
(iv) identifies resource inequities, which may include a review of local educational agency and school-level budgeting, to be addressed through implementation of such comprehensive support and improvement plan;
(v) is approved by the school, local educational agency, and State educational agency; and
(vi) upon approval and implementation, is monitored and periodically reviewed by the State educational agency.
(C) State educational agency discretion
With respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may—
(i) permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students—
(I) returning to education after having exited secondary school without a regular high school diploma; or
(II) who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State; and
(ii) in the case of such a school that has a total enrollment of less than 100 students, permit the local educational agency to forego implementation of improvement activities required under this paragraph.
(D) Public school choice
(i) In general
A local educational agency may provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law.
(ii) Priority
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 the purposes of allocating funds to schools under section 6313(a)(3) of this title.
(iii) Treatment
A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school.
(iv) Special rule
A local educational agency shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school.
(v) Funding for transportation
A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer.
(2) Targeted support and improvement
(A) In general
Each State educational agency receiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)—
(i) notify each local educational agency in the State of any school served by the local educational agency in which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); and
(ii) ensure such local educational agency provides notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in subsection (c)(4)(C)(iii).
(B) Targeted support and improvement plan
Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system established under subsection (c)(4), for each subgroup of students that was the subject of notification that—
(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against long-term goals;
(ii) includes evidence-based interventions;
(iii) is approved by the local educational agency prior to implementation of such plan;
(iv) is monitored, upon submission and implementation, by the local educational agency; and
(v) results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency.
(C) Additional targeted support
A plan described in subparagraph (B) that is developed and implemented in any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State's methodology under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan.
(D) Special rule
The State educational agency, based on the State's differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State's methodology under subsection (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii).
(3) Continued support for school and local educational agency improvement
To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency—
(A) shall—
(i) establish statewide exit criteria for—
(I) schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State-determined action, such as the implementation of interventions (which may include addressing school-level operations); and
(II) schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for comprehensive support and improvement under subsection (c)(4)(D)(i)(III);
(ii) periodically review resource allocation to support school improvement in each local educational agency in the State serving—
(I) a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and
(II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and
(iii) provide technical assistance to each local educational agency in the State serving a significant number of—
(I) schools implementing comprehensive support and improvement plans under paragraph (1); or
(II) schools implementing targeted support and improvement plans under paragraph (2); and
(B) may—
(i) take action to initiate additional improvement in any local educational agency with—
(I) a significant number of schools that are consistently identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria established by the State under subparagraph (A)(i)(I); or
(II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and
(ii) consistent with State law, establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i).
(4) Rule of construction for collective bargaining
Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency 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 employers and their employees.
(1) In general
Nothing in this chapter shall be construed to authorize or permit the Secretary—
(A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would—
(i) add new requirements that are inconsistent with or outside the scope of this part;
(ii) add new criteria that are inconsistent with or outside the scope of this part; or
(iii) be in excess of statutory authority granted to the Secretary;
(B) as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of a waiver request submitted under section 7861 of this title, to—
(i) require a State to add any requirements that are inconsistent with or outside the scope of this part;
(ii) require a State to add or delete one or more specific elements of the challenging State academic standards; or
(iii) prescribe—
(I) numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including—
(aa) the length of terms set by States in designing such goals; or
(bb) the progress expected from any subgroups of students in meeting such goals;
(II) specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection (b)(2) or otherwise use to measure student academic achievement or student growth under this part;
(III) indicators that States use within the State accountability system under this section, including any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part;
(IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part;
(V) the specific methodology used by States to meaningfully differentiate or identify schools under this part;
(VI) any specific school support and improvement strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part;
(VII) exit criteria established by States under subsection (d)(3)(A)(i);
(VIII) provided that the State meets the requirements in subsection (c)(3), a minimum number of students established by a State under such subsection;
(IX) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency;
(X) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or
(XI) the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the statewide accountability system under this section; or
(C) to issue new non-regulatory guidance that—
(i) in seeking to provide explanation of requirements under this section for State or local educational agencies, either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or
(ii) purports to be legally binding; or
(D) to require data collection under this part beyond data derived from existing Federal, State, and local reporting requirements.
(2) Defining terms
In carrying out this part, the Secretary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1).
Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before December 10, 2015.
(1) Descriptions
Each State plan shall describe—
(A) how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood education programs;
(D) an assurance that the State educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State academic achievement standards and how the State educational agency will disseminate such curricula to each local educational agency and school within the State; and
(C) how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing—
(i) incidences of bullying and harassment;
(ii) the overuse of discipline practices that remove students from the classroom; and
(iii) the use of aversive behavioral interventions that compromise student health and safety;
(D) how the State will support local educational agencies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agencies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out;
(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that—
(i) any such child enrolls or remains in such child's school of origin, unless a determination is made that it is not in such child's best interest to attend the school of origin, which decision shall be based on all factors relating to the child's best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;
(ii) when a determination is made that it is not in such child's best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;
(iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and
(iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3));
(F) how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and
(9) Factors affecting student achievement
Each State plan shall include an assurance that the State educational agency will coordinate and collaborate, to the extent feasible and necessary as determined by the State educational agency, with agencies providing services to children, youth, and families, with respect to local educational agencies within the State that are identified under section 6316 of this title and that request assistance with addressing major factors that have significantly affected the academic achievement of students in the local educational agency or schools served by such agency.
(10) Use of academic assessment results to improve student academic achievement
Each State plan shall describe how the State educational agency will ensure that the results of the State assessments described in paragraph (3)—
(A) will be promptly provided to local educational agencies, schools, and teachers in a manner that is clear and easy to understand, but not later than before the beginning of the next school year; and
(B) be used by those local educational agencies, schools, and teachers to improve the educational achievement of individual students.
(2) Assurances
Each State plan shall contain assurances that—
Each State plan shall contain assurances that—
(1) the State educational agency will meet the requirements of subsection (h)(1) of this section and, beginning with the 2002–2003 school year, will produce the annual State report cards described in such subsection, except that the Secretary may provide the State educational agency 1 additional year if the State educational agency demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevented full implementation of this paragraph by that deadline and that the State will complete implementation within the additional 1-year period;
(A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);
(B) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section;
(C) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;
(3) the State educational agency, in consultation with the Governor, will include, as a component of the State plan, a plan to carry out the responsibilities of the State under sections 6316 and 6317 of this title, including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies;
(E) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;
(5)(A) where educational service agencies exist, the State educational agency will consider providing professional development and technical assistance through such agencies; and
(B) where educational service agencies do not exist, the State educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies;
(6) the State educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section, and of the authority to operate schoolwide programs, and will fulfill the State educational agency's responsibilities regarding local educational agency improvement and school improvement under section 6316 of this title, including such corrective actions as are necessary;
(8) the State educational agency will inform the Secretary and the public of how Federal laws, if at all, hinder the ability of States to hold local educational agencies and schools accountable for student academic achievement;
(9) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 6314 of this title;
(10) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 6314 of this title;
(11) the State educational agency has involved the committee of practitioners established under section 6573(b) of this title in developing the plan and monitoring its implementation;
(12) the State educational agency will inform local educational agencies in the State of the local educational agency's authority to transfer funds under subchapter VI of this chapter, to obtain waivers under part D of subchapter IX of this chapter, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999;
(H) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;
(I) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process;
(J) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification;
(14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy.
Each State plan shall describe how the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices. Such practices shall—
(1) be based on the most current research that meets the highest professional and technical standards, on effective parental involvement that fosters achievement to high standards for all children; and
(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement experienced.
(1) Secretarial duties
The Secretary shall—
(A) establish a peer-review process to assist in the review of State plans;
(B) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students;
(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does not meet the requirements of this section;
(D) if the Secretary determines that the State plan does not meet the requirements of subsection (a), (b), or (c) of this section, immediately notify the State of such determination and the reasons for such determination;
(E) not decline to approve a State's plan before—
(i) offering the State an opportunity to revise its plan;
(ii) providing technical assistance in order to assist the State to meet the requirements of subsections (a), (b), and (c) of this section; and
(iii) providing a hearing; and
(F) have the authority to disapprove a State plan for not meeting the requirements of this part, but shall not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan one or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items.
(2) State revisions
A State plan shall be revised by the State educational agency if it is necessary to satisfy the requirements of this section.
(1) In general
Each State plan shall—
(A) remain in effect for the duration of the State's participation under this part; and
(B) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part.
(2) Additional information
If significant changes are made to a State's plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or a new definition of adequate yearly progress, such information shall be submitted to the Secretary.
(1) Failure to meet deadlines enacted in 1994
(A) In general
If a State fails to meet the deadlines established by the Improving America's Schools Act of 1994 (or under any waiver granted by the Secretary or under any compliance agreement with the Secretary) for demonstrating that the State has in place challenging academic content standards and student achievement standards, and a system for measuring and monitoring adequate yearly progress, the Secretary shall withhold 25 percent of the funds that would otherwise be available to the State for State administration and activities under this part in each year until the Secretary determines that the State meets those requirements.
(B) No extension
Notwithstanding any other provision of law, 90 days after January 8, 2002, the Secretary shall not grant any additional waivers of, or enter into any additional compliance agreements to extend, the deadlines described in subparagraph (A) for any State.
(2) Failure to meet requirements enacted in 2001
If a State fails to meet any of the requirements of this section, other than the requirements described in paragraph (1), then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.
(L) the State educational agency has involved the committee of practitioners established under section 6573(b) of this title in developing the plan and monitoring its implementation;
(M) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before December 10, 2015; and
(N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—
(i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and
(ii) shall be presented in a manner that—
(I) is first anonymized and does not reveal personally identifiable information about an individual student;
(II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and
(III) is consistent with the requirements of section 1232g of this title (commonly known as the "Family Educational Rights and Privacy Act of 1974").
(3) Rules of construction
Nothing in paragraph (2)(N) shall be construed to—
(A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or
(B) require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N).
(4) Technical assistance
Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency to—
(A) meet the requirements of paragraph (2)(N); or
(B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students.
(1) Annual State report card
(1) Annual State report card
(A) In general
(A) In general
(B) Implementation
(B) Implementation
(C) Required information
The State shall include in its annual State report card—
(i) information, in the aggregate, on student achievement at each proficiency level on the State academic assessments described in subsection (b)(3) of this section (disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student);
(ii) information that provides a comparison between the actual achievement levels of each group of students described in subsection (b)(2)(C)(v) of this section and the State's annual measurable objectives for each such group of students on each of the academic assessments required under this part;
(iii) widely accessible to the public, which shall include making available on a single webpage of the State educational agency's website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5).
(C) Minimum requirements
Each State report card required under this subsection shall include the following information:
(i) A clear and concise description of the State's accountability system under subsection (c), including—
(I) the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability system;
(II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in subsection (c)(2);
(III) the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State;
(IV) the State's system for meaningfully differentiating all public schools in the State, including—
(aa) the specific weight of the indicators described in subsection (c)(4)(B) in such differentiation;
(bb) the methodology by which the State differentiates all such schools;
(cc) the methodology by which the State differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and
(dd) the methodology by which the State identifies a school for comprehensive support and improvement as required under subsection (c)(4)(D)(i);
(V) the number and names of all public schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and
(VI) the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection.
(ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).
(iii) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care—
(I) information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used by the State in the State accountability system; and
(II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State's discretion, extended-year adjusted cohort graduation rates.
(iv) Information on the number and percentage of English learners achieving English language proficiency.
(v) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State in the State accountability system.
(vi) Information on the progress of all students and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection.
(iv) the most recent 2-year trend in student achievement in each subject area, and for each grade level, for which assessments under this section are required;
(v) aggregate information on any other indicators used by the State to determine the adequate yearly progress of students in achieving State academic achievement standards;
(vi) graduation rates for secondary school students consistent with subsection (b)(2)(C)(vi) of this section;
(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and names of each school identified for school improvement under section 6316 of this title; and
(viii) the professional qualifications of teachers in the State, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State.
(D) Optional information
(viii) Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 3413(c)(1) of this title, on—
(I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and
(II) the number and percentage of students enrolled in—
(aa) preschool programs; and
(bb) accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs.
(ix) The professional qualifications of teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of—
(I) inexperienced teachers, principals, and other school leaders;
(II) teachers teaching with emergency or provisional credentials; and
(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed.
(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.
(xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under subsection (b)(2)(D), by grade and subject.
(xii) Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)), compared to the national average of such results.
(xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students' graduation—
(I) in programs of public postsecondary education in the State; and
(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State.
(i) school attendance rates;
(ii) average class size in each grade;
(iii) academic achievement and gains in English proficiency of limited English proficient students;
(iv) the incidence of school violence, drug abuse, alcohol abuse, student suspensions, and student expulsions;
(v) the extent and type of parental involvement in the schools;
(vi) the percentage of students completing advanced placement courses, and the rate of passing of advanced placement tests; and
(vii) a clear and concise description of the State's accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2) of this section, to determine the status of schools regarding school improvement, corrective action, and restructuring.
(D) Rules of construction
Nothing in subparagraph (C)(viii) shall be construed as requiring—
(i) reporting of any data that are not collected in accordance with section 3413(c)(1) of this title; or
(ii) disaggregation of any data other than as required under subsection (b)(2)(B)(xi).
(2) Annual local educational agency report cards
(2) Annual local educational agency report cards
(A) Report cards
(i) In general
(A) Preparation and dissemination
(ii) Special rule
If a State educational agency has received an extension pursuant to subsection (c)(1) of this section, then a local educational agency within that State shall not be required to include the information required under paragraph (1)(C) in such report card during such extension.
(B) Implementation
Each local educational agency report card shall be—
(i) concise;
(ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and
(iii) accessible to the public, which shall include—
(I) placing such report card on the website of the local educational agency; and
(II) in any case in which a local educational agency does not operate a website, providing the information to the public in another manner determined by the local educational agency.
(i) in the case of a local educational agency—
(I) the number and percentage of schools identified for school improvement under section 6316(c) of this title and how long the schools have been so identified; and
(ii) in the case of a school—
(I) whether the school has been identified for school improvement; and
(C) Other information
(D) Data
A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student.
(E) Public dissemination
The local educational agency shall, not later than the beginning of the 2002–2003 school year, unless the local educational agency has received a 1-year extension pursuant to subparagraph (A), publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand, and make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report.
(D) Additional information
In the case of a local educational agency that issues a report card for all students, the local educational agency may include the information under this section as part of such report.
(3) Preexisting report cards
(3) Preexisting report cards
(4) Cost reduction
Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts.
Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—
Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—
(A) beginning with school year 2002–2003, information on the State's progress in developing and implementing the academic assessments described in subsection (b)(3) of this section;
(C) in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including disaggregated results) required under this section;
(D) beginning not later than school year 2002–2003, unless the State has received an extension pursuant to subsection (c)(1) of this section, information on the acquisition of English proficiency by children with limited English proficiency;
(E) the number and names of each school identified for school improvement under section 6316(c) of this title, the reason why each school was so identified, and the measures taken to address the achievement problems of such schools;
(F) the number of students and schools that participated in public school choice and supplemental service programs and activities under this subchapter; and
(G) beginning not later than the 2002–2003 school year, information on the quality of teachers and the percentage of classes being taught by highly qualified teachers in the State, local educational agency, and school.
(B) information on the acquisition of English proficiency by English learners;
(C) the number and names of each public school in the State—
(i) identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and
(ii) implementing targeted support and improvement plans under subsection (d)(2); and
(D) information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers:
(i) Inexperienced teachers.
(ii) Teachers teaching with emergency or provisional credentials.
(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed.
(6) Parents right-to-know
(A) Qualifications
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:
(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
(ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.
(iii) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
(iv) Whether the child is provided services by paraprofessionals and, if so, their qualifications.
(B) Additional information
In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent—
(i) information on the level of achievement of the parent's child in each of the State academic assessments as required under this part; and
(ii) timely notice that the parent's child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.
(C) Format
The notice and information provided to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
(1) In general
The Secretary shall provide a State educational agency, at the State educational agency's request, technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of high-quality academic assessments, the setting of State standards, the development of measures of adequate yearly progress that are valid and reliable, and other relevant areas.
(2) Sufficiency
The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information.
(3) Disaggregation
Disaggregation under this section shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are insufficient to yield statistically reliable information.
Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.
(1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or
(2) participation in such partnerships.
Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.