Table of Contents

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

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

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

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

 

How to Use This Site

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

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

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

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

 

An Overview of No Child Left Behind

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

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

Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows: TITLE VII — INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

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It is the policy of the United States to fulfill the Federal Government's unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary an [...]

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(a) PURPOSE- It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to meet the unique educational and culturally related academic needs of American Indian and Alaska Native students, so that such students can meet the same challenging State student academic achievement standards as all other students are expected to meet. (b) PROGRAMS- This part carries out the purpose described in subs [...]

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It is the purpose of this subpart to support local educational agencies in their efforts to reform elementary school and secondary school programs that serve Indian students in order to ensure that such programs — (1) are based on challenging State academic content and student academic achievement standards that are used for all students; and (2) are designed to assist Indian students in meeting those standards.

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(a) IN GENERAL- The Secretary may make grants, from allocations made under section 7113, to local educational agencies and Indian tribes, in accordance with this section and section 7113. (b) LOCAL EDUCATIONAL AGENCIES- (1) ENROLLMENT REQUIREMENTS- A local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under section 7117 who were enrolled in the schools of the agency, and to whom the agency provided free public ed [...]

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(a) AMOUNT OF GRANT AWARDS- (1) IN GENERAL- Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of — (A) the number of Indian children who are eligible under section 7117 and served by such agency; and (B) the greater of — (i) the average per pupil expenditure of the State in which such agency is located; or (ii) 80 percent of the average per pu [...]

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(a) APPLICATION REQUIRED- Each local educational agency that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) COMPREHENSIVE PROGRAM REQUIRED- Each application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language an [...]

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(a) GENERAL REQUIREMENTS- Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 7111, for services and activities that — (1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 7114(a); (2) are designed with special regard for the lan [...]

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(a) PLAN- An entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and related services provided to Indian students. (b) CONSOLIDATION OF PROGRAMS- Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded ed [...]

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(a) IN GENERAL- The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). (b) FORMS- The form described in subse [...]

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(a) IN GENERAL- Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7113. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment. (b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE- The Secretary may not make a grant under this subpart to a l [...]

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Before submitting an application to the Secretary under section 7114, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond. -###-

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(a) PURPOSE- (1) IN GENERAL- It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children. (2) COORDINATION- The Secretary shall take the necessary actions to achieve the coordination of activities assisted under this subpart with — (A) other programs funded under this Act; and (B) other Federal programs operated for the benefit of American Indian and Al [...]

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(a) PURPOSES- The purposes of this section are — (1) to increase the number of qualified Indian individuals in teaching or other education professions that serve Indian people; (2) to provide training to qualified Indian individuals to enable such individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and (3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2). (b) ELIGIBLE ENT [...]

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(a) AUTHORIZED ACTIVITIES- The Secretary may use funds made available under section 7152(b) for each fiscal year to — (1) conduct research related to effective approaches for the education of Indian children and adults; (2) evaluate federally assisted education programs from which Indian children and adults may benefit; (3) collect and analyze data on the educational status and needs of Indians; and (4) carry out other activities that are consistent with the purpose of this part. (b) ELIGIBILI [...]

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(a) GRANTS AUTHORIZED- In addition to the grants authorized by section 7122(c), the Secretary may make grants to eligible consortia for the provision of high quality in-service training. The Secretary may make such a grant to — (1) a consortium of a tribal college and an institution of higher education that awards a degree in education; or (2) a consortium of — (A) a tribal college; (B) an institution of higher education that awards a degree in education; and (C) one or more elementary schoo [...]

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(a) FELLOWSHIPS- (1) AUTHORITY- The Secretary is authorized to award fellowships to Indian students to enable such students to study in graduate and professional programs at institutions of higher education. (2) REQUIREMENTS– The fellowships described in paragraph (1) shall be awarded to Indian students to enable such students to pursue a course of study— (A) of not more than 4 academic years; and (B) that leads— (i) toward a postbaccalaureate degree in medicine, clinical psychology, psych [...]

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(a) PROGRAM AUTHORIZED- The Secretary is authorized to — (1) establish two centers for gifted and talented Indian students at tribally controlled community colleges in accordance with this section; and (2) support demonstration projects described in subsection (c). (b) ELIGIBLE ENTITIES- The Secretary shall make grants, or enter into contracts, for the activities described in subsection (a), to or with — (1) two tribally controlled community colleges that — (A) are eligible for funding und [...]

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(a) IN GENERAL- The Secretary may make grants to Indian tribes, and tribal organizations approved by Indian tribes, to plan and develop a centralized tribal administrative entity to — (1) coordinate all education programs operated by the tribe or within the territorial jurisdiction of the tribe; (2) develop education codes for schools within the territorial jurisdiction of the tribe; (3) provide support services and technical assistance to schools serving children of the tribe; and (4) perform [...]

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(a) IN GENERAL- The Secretary shall make grants to State educational agencies, local educational agencies, and Indian tribes, institutions, and organizations — (1) to support planning, pilot, and demonstration projects that are designed to test and demonstrate the effectiveness of programs for improving employment and educational opportunities for adult Indians; (2) to assist in the establishment and operation of programs that are designed to stimulate — (A) the provision of basic literacy o [...]

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(a) MEMBERSHIP- There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the Council'), which shall — (1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and (2) represent different geographic areas of the United States. (b) DUTIES- The Council shall — (1) advise the Secretary concerning the funding and administration (including [...]

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The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3.

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In making grants and entering into contracts or cooperative agreements under subpart 2 or subpart 3, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants, contracts, or cooperative agreements.

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The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless the application is for a grant, contract, or cooperative agreement that is — (1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and (2) based on relevant research findings. -###-

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For the purposes of this part: (1) ADULT- The term adult' means an individual who — (A) has attained the age of 16 years; or (B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. (2) FREE PUBLIC EDUCATION- The term free public education' means education that is — (A) provided at public expense, under public supervision and direction, and without tuition charge; and (B) provided as elementary or secondary education in the applicabl [...]

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(a) SUBPART 1- For the purpose of carrying out subpart 1, there are authorized to be appropriated $96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) SUBPARTS 2 AND 3- For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. -###-

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This part may be cited as the 'Native Hawaiian Education Act'.

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Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation. (2) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people li [...]

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The purposes of this part are to — (1) authorize and develop innovative educational programs to assist Native Hawaiians; (2) provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, and to provide periodic assessment and data collection; (3) supplement and expand programs and authorities in the area of education to further the purposes of this title; and (4) encourage t [...]

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(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION COUNCIL- In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs receiving funding under this part, the Secretary is authorized to establish a Native Hawaiian Education Council (hereafter in this part referred to as the Education Council'). (b) COMPOSITION OF EDUCATION COUNCIL- The Education Council shall consist of not m [...]

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(a) GENERAL AUTHORITY- (1) GRANTS AND CONTRACTS- The Secretary is authorized to make direct grants to, or enter into contracts with-- (A) Native Hawaiian educational organizations; (B) Native Hawaiian community-based organizations; (C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and (D) consortia of the organizations, agencies, and institution [...]

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(a) APPLICATION REQUIRED- No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part. (b) SPECIAL RULE- Each applicant for a grant or contract under this part shall submit the application for comment to the local educational agenc [...]

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In this part: (1) NATIVE HAWAIIAN- The term Native Hawaiian' means any individual who is — (A) a citizen of the United States; and (B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by — (i) genealogical records; (ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or (iii) certified birth records. (2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION- The term [...]

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This part may be cited as the 'Alaska Native Educational Equity, Support, and Assistance Act'.

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Congress finds and declares the following: (1) The attainment of educational success is critical to the betterment of the conditions, long-term well-being, and preservation of the culture of Alaska Natives. (2) It is the policy of the Federal Government to encourage the maximum participation by Alaska Natives in the planning and the management of Alaska Native education programs. (3) Alaska Native children enter and exit school with serious educational handicaps. (4) The educational achievement [...]

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The purposes of this part are as follows: (1) To recognize the unique educational needs of Alaska Natives. (2) To authorize the development of supplemental educational programs to benefit Alaska Natives. (3) To supplement existing programs and authorities in the area of education to further the purposes of this part. (4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educati [...]

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(a) GENERAL AUTHORITY- (1) GRANTS AND CONTRACTS- The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organizations with experience in developing or operating programs to benefit Alaska Natives, and consortia of organizations and entities described in this paragraph [...]

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(a) APPLICATION REQUIRED- No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this part. (b) APPLICATIONS- A State educational agency or local educational agency may apply for an award under this part only as part of a consortium involving [...]

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In this part: (1) ALASKA NATIVE- The term Alaska Native' has the same meaning as the term Native' has in section 3(b) of the Alaska Native Claims Settlement Act. (2) ALASKA NATIVE ORGANIZATION- The term Alaska Native organization' means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and another organization that — (A) has or commits to acquire expertise in the education of Alaska Natives; and (B) has Alaska Natives in substantive and policymaking pos [...]

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(a) HIGHER EDUCATION ACT OF 1965- Section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended — (1) in paragraph (1), by striking section 9308' and inserting section 7306'; and (2) in paragraph (3), by striking section 9212' and inserting section 7207'. (b) PUBLIC LAW 88-210- Section 116 of Public Law 88-210 (as added by section 1 of Public Law 105-332 (112 Stat. 3076)) is amended by striking section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)' and inserti [...]

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Funds appropriated for parts A, B, and C of title IX of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of enactment of this Act) shall be available for use under parts A, B, and C, respectively, of title VII of such Act, as added by this section. -###-

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