§ 6301. — Statement of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC6301]
TITLE 20--EDUCATION
CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY
SCHOOLS
SUBCHAPTER I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 6301. Statement of purpose
The purpose of this subchapter is to ensure that all children have a
fair, equal, and significant opportunity to obtain a high-quality
education and reach, at a minimum, proficiency on challenging State
academic achievement standards and state \1\ academic assessments. This
purpose can be accomplished by--
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\1\ So in original. Probably should be capitalized.
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(1) ensuring that high-quality academic assessments,
accountability systems, teacher preparation and training,
curriculum, and instructional materials are aligned with challenging
State academic standards so that students, teachers, parents, and
administrators can measure progress against common expectations for
student academic achievement;
(2) meeting the educational needs of low-achieving children in
our Nation's highest-poverty schools, limited English proficient
children, migratory children, children with disabilities, Indian
children, neglected or delinquent children, and young children in
need of reading assistance;
(3) closing the achievement gap between high- and low-performing
children, especially the achievement gaps between minority and
nonminority students, and between disadvantaged children and their
more advantaged peers;
(4) holding schools, local educational agencies, and States
accountable for improving the academic achievement of all students,
and identifying and turning around low-performing schools that have
failed to provide a high-quality education to their students, while
providing alternatives to students in such schools to enable the
students to receive a high-quality education;
(5) distributing and targeting resources sufficiently to make a
difference to local educational agencies and schools where needs are
greatest;
(6) improving and strengthening accountability, teaching, and
learning by using State assessment systems designed to ensure that
students are meeting challenging State academic achievement and
content standards and increasing achievement overall, but especially
for the disadvantaged;
(7) providing greater decisionmaking authority and flexibility
to schools and teachers in exchange for greater responsibility for
student performance;
(8) providing children an enriched and accelerated educational
program, including the use of schoolwide programs or additional
services that increase the amount and quality of instructional time;
(9) promoting schoolwide reform and ensuring the access of
children to effective, scientifically based instructional strategies
and challenging academic content;
(10) significantly elevating the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
(11) coordinating services under all parts of this subchapter
with each other, with other educational services, and, to the extent
feasible, with other agencies providing services to youth, children,
and families; and
(12) affording parents substantial and meaningful opportunities
to participate in the education of their children.
(Pub. L. 89-10, title I, Sec. 1001, as added Pub. L. 107-110, title I,
Sec. 101, Jan. 8, 2002, 115 Stat. 1439.)
Prior Provisions
A prior section 6301, Pub. L. 89-10, title I, Sec. 1001, as added
Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519,
declared policy and stated purpose of this subchapter, prior to the
general amendment of this subchapter by Pub. L. 107-110.
A prior section 1001 of Pub. L. 89-10 was classified to section 2701
of this title, prior to the general amendment of Pub. L. 89-10 by Pub.
L. 103-382.
Another prior section 1001 of Pub. L. 89-10 was renumbered section
9001 and was classified to section 3381 of this title, prior to the
general amendment of Pub. L. 89-10 by Pub. L. 103-382.
Effective Date
Pub. L. 107-110, Sec. 5, Jan. 8, 2002, 115 Stat. 1427, provided
that:
``(a) In General.--Except as otherwise provided in this Act [see
Tables for classification], this Act, and the amendments made by this
Act, shall be effective upon the date of enactment of this Act [Jan. 8,
2002].
``(b) Noncompetitive Programs.--With respect to noncompetitive
programs under which any funds are allotted by the Secretary of
Education to recipients on the basis of a formula, this Act, and the
amendments made by this Act, shall take effect on July 1, 2002.
``(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2002.
``(d) Impact Aid.--With respect to title VIII (Impact Aid) [probably
means title VIII of Pub. L. 89-10, 20 U.S.C. 7701 et seq.], this Act,
and the amendments made by this Act, shall take effect with respect to
appropriations for use under that title for fiscal year 2002.''
Short Title of 2002 Amendment
Pub. L. 107-110, Sec. 1, Jan. 8, 2002, 115 Stat. 1425, provided
that: ``This title [probably means Pub. L. 107-110, see Tables for
classification] may be cited as the `No Child Left Behind Act of
2001'.''
Short Title of 2000 Amendments
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1601], Dec.
21, 2000, 114 Stat. 2763, 2763A-328, provided that: ``This title
[amending sections 6302, 6311, 6361 to 6368, 6369b, 6394, 6661a, 6661i,
and 8801 of this title and sections 2023 and 2026 of Title 25, Indians,
and enacting provisions set out as a note under section 6361 of this
title] may be cited as the `Literacy Involves Families Together Act'.''
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1701], Dec.
21, 2000, 114 Stat. 2763, 2763A-335, provided that: ``This title
[enacting part F of subchapter III of this chapter, amending section
9134 of this title and section 254 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs, and enacting provisions set out as notes under
sections 7001 and 9134 of this title and sections 254, 609, and 902 of
Title 47] may be cited as the `Children's Internet Protection Act'.''
Pub. L. 106-398, Sec. 1 [[div. A], title XVIII, Sec. 1801], Oct. 30,
2000, 114 Stat. 1654, 1654A-368, provided that: ``This title [amending
sections 1228, 7701 to 7703, 7705, 7707, 7709 to 7713, and 7714 of this
title, repealing section 7706 of this title, and enacting provisions set
out as notes under sections 7701, 7703, and 7711 of this title] may be
cited as the `Impact Aid Reauthorization Act of 2000'.''
Short Title of 1998 Amendments
Pub. L. 105-278, Sec. 1, Oct. 22, 1998, 112 Stat. 2682, provided
that: ``This Act [enacting sections 8065a to 8065d of this title and
amending sections 7331, 7351, 8061 to 8065, 8066, 8067, and 8801 of this
title] may be cited as the `Charter School Expansion Act of 1998'.''
Pub. L. 105-277, div. D, title I, Sec. 121, Oct. 21, 1998, 112 Stat.
2681-756, provided that: ``This subtitle [subtitle C (Secs. 121, 122) of
title I of Pub. L. 105-277, enacting section 7144 of this title] may be
cited as the `Drug-Free Schools Quality Assurance Act'.''
Short Title of 1994 Amendments
Section 1 of Pub. L. 103-382 provided that: ``This Act [see Tables
for classification] may be cited as the `Improving America's Schools Act
of 1994'.''
Pub. L. 103-227, title X, Sec. 1031, Mar. 31, 1994, 108 Stat. 270,
provided that: ``This part [part B (Secs. 1031, 1032) of title X of Pub.
L. 103-227, enacting section 3351 of this title and amending sections
3381 to 3384 and 3386 of this title] may be cited as the `Gun-Free
Schools Act of 1994'.''
Short Title of 1992 Amendment
Pub. L. 102-545, Sec. 1, Oct. 27, 1992, 106 Stat. 3586, provided
that: ``This Act [see Tables for classification] may be cited as the
`Ready to Learn Act'.''
Short Title of 1991 Amendment
Pub. L. 102-103, title I, Sec. 101, Aug. 17, 1991, 105 Stat. 497,
provided that: ``This title [see Tables for classification] may be cited
as the `National Dropout Prevention Act of 1991'.''
Short Title of 1990 Amendment
Pub. L. 101-600, Sec. 1, Nov. 16, 1990, 104 Stat. 3042, provided
that: ``This Act [see Tables for classification] may be cited as the
`School Dropout Prevention and Basic Skills Improvement Act of 1990'.''
Short Title of 1989 Amendment
Pub. L. 101-226, Sec. 1, Dec. 12, 1989, 103 Stat. 1928, provided
that: ``This Act [see Tables for classification] may be cited as the
`Drug-Free Schools and Communities Act Amendments of 1989'.''
Short Title of 1988 Amendments
Pub. L. 100-569, title II, Sec. 201, Oct. 31, 1988, 102 Stat. 2862,
provided that: ``This title [see Tables for classification] may be cited
as the `National Geography Studies Centers Act'.''
Pub. L. 100-297, Sec. 1(a), Apr. 28, 1988, 102 Stat. 130, provided
that: ``This Act [see Tables for classification] may be cited as the
`Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988'.''
Short Title of 1984 Amendment
Pub. L. 98-511, Sec. 1, Oct. 19, 1984, 98 Stat. 2366, provided that:
``This Act [see Tables for classification] may be cited as the
`Education Amendments of 1984'.''
Pub. L. 98-511, title IV, Sec. 401(a), Oct. 19, 1984, 98 Stat. 2389,
provided that: ``This title [see Tables for classification] may be cited
as the `Women's Educational Equity Amendments of 1984'.''
Short Title of 1978 Amendment
Pub. L. 95-561, Sec. 1, Nov. 1, 1978, 92 Stat. 2143, provided:
``That this Act [see Tables for classification] may be cited as the
`Education Amendments of 1978'.''
Short Title of 1977 Amendment
Pub. L. 95-112, Sec. 1, Sept. 24, 1977, 91 Stat. 911, provided:
``That this Act [see Tables for classification] may be cited as the
`Education Amendments of 1977'.''
Short Title of 1974 Amendment
Pub. L. 93-380, Sec. 1, Aug. 21, 1974, 88 Stat. 484, provided:
``That this Act [see Tables for classification] may be cited as the
`Education Amendments of 1974'.''
Short Title of 1970 Amendment
Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121 [see Tables for
classification], is popularly known as the ``Elementary and Secondary
Education Amendments of 1970''.
Short Title of 1968 Amendment
Pub. L. 90-247, Sec. 1, Jan. 2, 1968, 81 Stat. 783, provided that:
``This Act [see Tables for classification] may be cited as the
`Elementary and Secondary Education Amendments of 1967'.''
Short Title of 1966 Amendment
Pub. L. 89-750, Sec. 1, Nov. 3, 1966, 80 Stat. 1191, provided:
``That this Act [see Tables for classification] may be cited as the
`Elementary and Secondary Education Amendments of 1966'.''
Short Title
Section 1 of Pub. L. 89-10, as added by Pub. L. 103-382, title I,
Sec. 101, Oct. 20, 1994, 108 Stat. 3519, as amended by Pub. L. 107-110,
Sec. 6(1), Jan. 8, 2002, 115 Stat. 1427, provided that: ``This Act
[enacting this chapter] may be cited as the `Elementary and Secondary
Education Act of 1965'.''
Pub. L. 89-10, title X, Sec. 10971, as added by Pub. L. 106-554,
Sec. 1(a)(1) [title IX, Sec. 901], Dec. 21, 2000, 114 Stat. 2763, 2763A-
89, which provided that subpart 2 (Secs. 10971-10978) of part J of title
X of Pub. L. 89-10, enacting subpart 2 of part J of former subchapter X
of this chapter, could be cited as the ``Rural Education Achievement
Program'', was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A),
Jan. 8, 2002, 115 Stat. 1986.
Pub. L. 89-10, title X, Sec. 10999A, as added by Pub. L. 106-554,
Sec. 1(a)(1) [title VII, Sec. 701], Dec. 21, 2000, 114 Stat. 2763,
2763A-76, which provided that part L (Secs. 10999A-10999L) of title X of
Pub. L. 89-10, enacting part L of former subchapter X of this chapter,
could be cited as the ``Physical Education for Progress Act'', was
repealed by Pub. L. 107-110, title X, Sec. 1011(5)(A), Jan. 8, 2002, 115
Stat. 1986.
Continuation of Awards
Pub. L. 107-110, title II, Sec. 202, Jan. 8, 2002, 115 Stat. 1688,
provided that: ``Notwithstanding any other provision of this Act [see
Tables for classification] or the Elementary and Secondary Education Act
of 1965 [20 U.S.C. 6301 et seq.], in the case of--
``(1) a person or entity that, prior to the date of enactment of
this Act [Jan. 8, 2002], was awarded funds appropriated under the
Department of Education Appropriations Act, 2001 [Pub. L. 106-554,
Sec. 1(a)(1) [title III], see Tables for classification] for new
teacher recruitment initiatives; or
``(2) a person or agency that, prior to the date of enactment of
this Act [Jan. 8, 2002], was awarded a grant or contract under part
K of title X of the Elementary and Secondary Education Act of 1965
([formerly] 20 U.S.C. 8331 et seq.),
the Secretary of Education shall continue to provide funds in accordance
with the terms of such award until the date on which the award period
terminates.''
Pub. L. 107-110, title V, Sec. 502, Jan. 8, 2002, 115 Stat. 1873,
provided that:
``(a) In General.--Notwithstanding any other provision of this Act
[see Tables for classification] or the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), in the case of any
agency or consortium that was awarded a grant under section 5111 of the
Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C.
7211) or any person or agency that was awarded a contract or grant under
part B, D, or E of title X of the Elementary and Secondary Education Act
of 1965 ([formerly] 20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.),
prior to the date of enactment of this Act [Jan. 8, 2002], the Secretary
of Education shall continue to provide funds in accordance with the
terms of such award until the date on which the award period terminates
under such terms.
``(b) Special Rule.--Notwithstanding any other provision of this
Act, any person or agency that was awarded or entered into a grant,
contract, or cooperative agreement under part B of title V of the
Elementary and Secondary Education Act of 1965 ([formerly] 20 U.S.C.
7231 et seq.), prior to the date of enactment of this Act [Jan. 8, 2002]
shall continue to receive funds in accordance with the terms of such
grant, contract, or agreement until the date on which the grant,
contract, or agreement period terminates under such terms.''
Pub. L. 107-110, title X, Sec. 1052, Jan. 8, 2002, 115 Stat. 2083,
provided that: ``Notwithstanding any other provision of this Act [see
Tables for classification] or the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), in the case of a person or entity that
was awarded a grant, relating to preparing tomorrow's teachers to use
technology, that was made pursuant to section 3122 of the Elementary and
Secondary Education Act of 1965 ([formerly] 20 U.S.C. 6832) prior to the
date of enactment of this Act [Jan. 8, 2002], the Secretary of Education
shall continue to provide funds in accordance with the terms of such
award until the date on which the award period terminates.''
Transition Provisions
Pub. L. 107-110, Sec. 4, Jan. 8, 2002, 115 Stat. 1426, provided
that:
``(a) Multi-Year Awards.--Except as otherwise provided in this Act
[see Tables for classification], the recipient of a multi-year award
under the Elementary and Secondary Education Act of 1965 [Pub. L. 89-10,
20 U.S.C. 6301 et seq., prior to general amendment by Pub. L. 107-110],
as that Act was in effect prior to the date of enactment of this Act
[Jan. 8, 2002], shall continue to receive funds in accordance with the
terms of that award, except that no additional funds may be awarded
after September 30, 2002.
``(b) Planning and Transition.--Notwithstanding any other provision
of law, a recipient of funds under the Elementary and Secondary
Education Act of 1965, as that Act was in effect prior to the date of
enactment of this Act, may use funds available to the recipient under
that predecessor authority to carry out necessary and reasonable
planning and transition activities in order to ensure an orderly
implementation of programs authorized by this Act, and the amendments
made by this Act.
``(c) Orderly Transition.--The Secretary shall take such steps as
are necessary to provide for the orderly transition to, and
implementation of, programs authorized by this Act, and by the
amendments made by this Act, from programs authorized by the Elementary
and Secondary Education Act of 1965, as that Act was in effect prior to
the date of enactment of this Act.''
Pub. L. 103-382, Sec. 3(b), Oct. 20, 1994, 108 Stat. 3519, provided
that: ``Notwithstanding any other provision of law, a recipient of funds
under the Elementary and Secondary Education Act of 1965 [Pub. L. 89-10,
formerly chapter 47 (Sec. 2701 et seq.) of this title, prior to general
amendment by Pub. L. 103-382, Sec. 101], as such Act was in effect on
the day preceding the date of enactment of this Act [Oct. 20, 1994], may
use funds available to such recipient under such predecessor authority
to carry out necessary and reasonable planning and transition activities
in order to ensure a smooth implementation of programs authorized by
this Act [see Tables for classification].''
Budget Compliance
Pub. L. 103-382, title V, Sec. 561, Oct. 20, 1994, 108 Stat. 4058,
provided that: ``Any authority or requirement to make funds available
under this Act [see Tables for classification] shall be effective only
to the extent provided in appropriations Acts.''
Pub. L. 100-297, title VI, Sec. 6302, Apr. 28, 1988, 102 Stat. 431,
provided that: ``Any new spending authority (within the meaning of
section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651])
which is provided under this Act [see Tables for classification] shall
be effective for any fiscal year only to the extent or in such amounts
as are provided in appropriation Acts.''
Ex. Ord. No. 13153. Actions To Improve Low-Performing Schools
Ex. Ord. No. 13153, May 3, 2000, 65 F.R. 26475, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Elementary and
Secondary Education Act of 1965 (ESEA) [20 U.S.C. 6301 et seq.], the
Department of Education Appropriations Act, 2000 (as contained in Public
Law 106-113) [Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title III], Nov.
29, 1999, 113 Stat. 1535, 1501A-242, see Tables for classification], and
in order to take actions to improve low-performing schools, it is hereby
ordered as follows:
Section 1. Policy. Since 1993, this Administration has sought to
raise standards for students and to increase accountability in public
education while investing more resources in elementary and secondary
schools. While much has been accomplished--there has been progress in
math and reading achievement, particularly for low-achieving students
and students in our highest poverty schools--much more can be done,
especially for low-performing schools.
Sec. 2. Technical Assistance and Capacity Building. (a) The
Secretary of Education (``Secretary'') shall work with State and local
educational agencies (``LEAs'') to develop and implement a comprehensive
strategy for providing technical assistance and other assistance to
States and LEAs to strengthen their capacity to improve the performance
of schools identified as low performing. This comprehensive strategy
shall include a number of steps, such as:
(1) providing States, school districts, and schools receiving
funds from the school improvement fund established by Public Law
106-113, as well as other districts and schools identified for
school improvement or corrective action under Title I of the ESEA
[20 U.S.C. 6301 et seq.], with access to the latest research and
information on best practices, including research on instruction and
educator professional development, and with the opportunity to learn
from exemplary schools and exemplary State and local intervention
strategies and from each other, in order to improve achievement for
all students in the low-performing schools;
(2) determining effective ways of providing low-performing
schools with access to resources from other Department of Education
programs, such as funds from the Comprehensive School Reform
Demonstration Program, the Reading Excellence Act [Pub. L. 105-277,
div. A, Sec. 101(f) [title VIII], Oct. 21, 1998, 112 Stat. 2681-337,
2681-391, see Tables for classification], the Eisenhower
Professional Development Program, the Class Size Reduction Program,
and the 21st Century Community Learning Centers Program, and to make
effective use of these funds and Title I funds;
(3) providing States and LEAs with information on effective
strategies to improve the quality of the teaching force, including
strategies for recruiting and retaining highly qualified teachers in
high-poverty schools, and implementing research-based professional
development programs aligned with challenging standards;
(4) helping States and school districts build partnerships with
technical assistance providers, including, but not limited to,
federally funded laboratories and centers, foundations, businesses,
community-based organizations, institutions of higher education,
reform model providers, and other organizations that can help local
schools improve;
(5) identifying previously low-performing schools that have made
significant achievement gains, and States and school districts that
have been effective in improving the achievement of all students in
low-performing schools, which can serve as models and resources;
(6) providing assistance and information on how to effectively
involve parents in the school-improvement process, including
effectively involving and informing parents at the beginning of the
school year about improvement goals for their school as well as the
goals for their own children, and reporting on progress made in
achieving these goals;
(7) providing States and LEAs with information on effective
approaches to school accountability, including the effectiveness of
such strategies as school reconstitution, peer review teams, and
financial rewards and incentives;
(8) providing LEAs with information and assistance on the design
and implementation of approaches to choice among public schools that
create incentives for improvement throughout the local educational
agency, especially in the lowest-performing schools, and that
maximize the opportunity of students in low-performing schools to
attend a higher-performing public school;
(9) exploring the use of well-trained tutors to raise student
achievement through initiatives such as ``America Reads,'' ``America
Counts,'' and other work-study opportunities to help low-performing
schools;
(10) using a full range of strategies for disseminating
information about effective practices, including interactive
electronic communications;
(11) working with the Department of Interior, Bureau of Indian
Affairs (BIA), to provide technical assistance to BIA-funded low-
performing schools; and
(12) taking other steps that can help improve the quality of
teaching and instruction in low-performing schools.
(b) The Secretary shall, to the extent permitted by law, take
whatever steps the Secretary finds necessary and appropriate to redirect
the resources and technical assistance capability of the Department of
Education (``Department'') to assist States and localities in improving
low-performing schools, and to ensure that the dissemination of research
to help turn around low-performing schools is a priority of the
Department.
Sec. 3. School Improvement Report. To monitor the progress of LEAs
and schools in turning around failing schools, including those receiving
grants from the School Improvement Fund, the Secretary shall prepare an
annual School Improvement Report, to be published in September of each
year, beginning in 2000. The report shall:
(a) describe trends in the numbers of LEAs and schools identified as
needing improvement and subsequent changes in the academic performance
of their students;
(b) identify best practices and significant research findings that
can be used to help turn around low-performing LEAs and schools; and
(c) document ongoing efforts as a result of this order and other
Federal efforts to assist States and local school districts in
intervening in low-performing schools, including improving teacher
quality. This report shall be publicly accessible.
Sec. 4. Compliance Monitoring System. Consistent with the
implementation of the School Improvement Fund, the Secretary shall
strengthen the Department's monitoring of ESEA requirements for
identifying and turning around low-performing schools, as well as any
new requirements established for the School Improvement Fund by Public
Law 106-113. The Secretary shall give priority to provisions that have
the greatest bearing on identifying and turning around low-performing
schools, including sections 1116 and 1117 of the ESEA [20 U.S.C. 6316,
6317], and to developing an ongoing, focused, and systematic process for
monitoring these provisions. This improved compliance monitoring shall
be designed to:
(a) ensure that States and LEAs comply with ESEA requirements;
(b) assist States and LEAs in implementing effective procedures and
strategies that reflect the best research available, as well as the
experience of successful schools, school districts, and States as they
address similar objectives and challenges; and
(c) assist States, LEAs, and schools in making the most effective
use of available Federal resources.
Sec. 5. Consultation. The Secretary shall, where appropriate,
consult with executive agencies, State and local education officials,
educators, community-based groups, and others in carrying out this
Executive order.
Sec. 6. Judicial Review. This order is intended only to improve the
internal management of the executive branch and is not intended to, and
does not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person.
William J. Clinton.
Definitions
Pub. L. 100-297, title VI, Sec. 6301, Apr. 28, 1988, 102 Stat. 431,
provided that: ``Except as otherwise provided, for the purpose of this
Act [see Tables for classification] the terms used in this Act have the
meanings provided under section 1471 of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 [formerly 20 U.S.C.
2891].''
