Education
No Child Left Behind Act of 2001 Became Public Law No: 107-110. Education
HR 1 - 107Became Public Law No: 107-110.
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Education
No Child Left Behind Act of 2001 Became Public Law No: 107-110. Education
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Cost estimate for the bill as passed by the Senate on June 19, 2001
Cost estimate for the bill as passed by the Senate on June 19, 2001
Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on May 9, 2001
Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on May 9, 2001
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No Child Left Behind Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, reauthorize, and consolidate various programs. Extends authorizations of appropriations for ESEA programs through FY 2007. Title I: Improving the Academic Achievement of the Disadvantaged - Revises ESEA title I as Improving the Academic Achievement of the Disadvantaged (currently Helping Disadvantaged Children Meet High Standards) and its part A (Improving Basic Programs Operated by Local Educational Agencies) (I-A). (Sec. 101) Establishes I-A requirements for: (1) yearly testing and assessments of student performance; (2) State standards for and assessments of Adequate Yearly Progress (AYP); (3) local educational agency (LEA) identification of schools for improvement and corrective actions; (4) reporting to parents and the public on school performance and teacher quality; (5) eligibility requirements for schoolwide programs; and (6) increased qualifications of teachers and paraprofessionals. Provides alternatives for students at public schools failing to meet AYP standards within certain periods, including: (1) public school transfer options for all students at such schools; and (2) supplementary educational services for low-income children who remain at such schools, with such services allowed to be provided by various entities (which may be public or private, nonprofit or for-profit, and may include religious institution-based ones, provided all content and instruction under such services are secular, neutral, and nonideological). Reauthorizes and revises other requirements under the I-A-1 basic program for: (1) State and LEA plans; (2) eligible school attendance areas; (3) schoolwide programs; (4) targeted assistance schools; (5) State reservation of funds for school support, improvement, and recognition; (6) parental involvement; (7) participation of children enrolled in private schools, and (8) certain fiscal and coordination requirements. Revises allocations (I-A-2) to States, outlying areas, and the Bureau of Indian Affairs, as well as under LEA Basic, Concentration, Targeted, and Education Finance Incentive Grants programs. Sets forth accountability requirements for State educational agencies (SEAs), local educational agencies (LEAs), and schools to ensure that their students meet such standards. Requires each State to define AYP in a specified manner, which includes separate measurable annual objectives for continuous and substantial improvement for the achievement of all public elementary school and secondary school students in the State, and for the achievement of specific groups: (1) economically disadvantaged students; (2) students from major racial and ethnic groups; (3) students with disabilities; and (4) students with limited English proficiency. Requires States, by the 2005-2006 school year, to conduct annual academic standards-based assessments in mathematics and reading or language arts in grades 3 through 8. Requires such assessments in science at three grade levels by the 2007-2008 school year. Provides for grants to States to develop such assessments. Requires distribution to parents and communities of State and LEA report cards on the academic quality of all schools, including the qualifications of teachers and teachers' aides. Includes among required information in State report cards: (1) comparisons between the actual achievement levels of the specified groups of students and the State's annual measurable objectives for such groups; and (2) 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. Establishes requirements for academic assessment and for LEA and school improvement. Requires LEAs receiving I-A funds to identify for school improvement any elementary school or secondary school served under I-A that fails, for two consecutive years, to make AYP as defined in the State's plan. Makes such requirement inapplicable to a school if almost every student in each of specified groups enrolled in such school is meeting or exceeding the State's proficient level of academic achievement. Allows LEAs, for schools that are conducting targeted assistance programs, to opt to review the progress of only the students in the school who are served, or are eligible for services, under I-A. Requires an LEA to provide all students enrolled in a school identified for improvement with the option to transfer to another public (including charter) school served by the LEA and not identified for improvement, unless such an option is prohibited by State law. (Requires, to the extent practicable, cooperative agreements with other LEAs in the area for such transfers if all the LEA's public schools are identified for school improvement, corrective action or restructuring.) Requires priority in providing such option to be given to the lowest achieving children from low-income families. Requires LEAs to pay for transportation for students who exercise such option. Requires LEAs to permit children who remain at the school to which they transferred until they have completed the highest grade in that school; but terminates an LEA's obligation to provide for transportation at the end of a school year, if the LEA determines that the former school is no longer identified for improvement or subject to corrective action or restructuring. Requires LEAs to use certain amounts for paying for such transportation (and for providing supplemental educational services for eligible low-income children at schools that fail to make AYP one year after being identified for improvement). Requires an LEA, before identifying a school for improvement (or for failure to make AYP after identification for corrective action, or for restructuring due to failure after corrective action), give the school an opportunity to review school-level data and present evidence. Requires each school identified for improvement, after such review is resolved, to develop or revise a two-year school plan in consultation with parents, school staff, the LEA, and outside experts. Requires such plans to include a mentoring program for teachers. Requires LEAs to provide specified types of technical assistance to schools identified for improvement. Requires an LEA, for any school served under I-A that fails to make AYP by the end of the first full school year after identification for improvement, to: (1) continue to provide technical assistance to the school and the public school transfer option to all the school's students; and (2) make tutoring and other supplemental educational services available to eligible low-income children. Allows such supplemental educational services to be provided by an LEA, nonprofit entity, or for-profit entity that: (1) has a demonstrated record of effectiveness in increasing student academic achievement; (2) can provide such services consistent with the LEA's instructional program and the academic standards described in the State's plan; and (3) is financially sound. Requires such providers to agree to various criteria, including all content and instruction provided through such services are secular, neutral, and nonideological. Requires LEAs to promptly notify parents of students in schools identified for improvement, corrective action, or restructuring. Requires LEAs to implement systems of corrective actions for schools identified for improvement. Requires LEAs, by the end of the second full school year after such identification, to: (1) continue to provide all students enrolled in the school with the option to transfer to another public school served by the LEA; (2) continue to provide specified types of technical assistance while instituting any corrective action; (3) continue to make supplemental educational services available to children who remain in the school; and (4) identify the school for corrective action. Requires the LEA, in the case of a school identified for corrective action, to do at least one of the following: (1) replace the school staff who are relevant to the failure to make AYP; (2) institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make AYP; (3) significantly decrease management authority at the school level; (4) appoint an outside expert to advise the school on its progress toward making AYP, based on its school plan; (5) extend the school's school year or school day; or (6) restructure the school's internal organizational structure. Allows the LEA to delay for not more than one year implementation of requirements relating to failure to make AYP after identification, corrective action, or restructuring, if: (1) a school makes AYP for one year; or (2) a school's failure to make AYP is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the LEA or school. Requires LEAs to publish and disseminate information regarding any corrective action at a school to the public and to students' parents. Sets forth restructuring requirements for schools that continue to fail to make AYP after a full year of corrective action. Requires LEAS to: (1) continue to provide public school transfer options to all students enrolled there, as well as supplemental educational services for eligible children who remain in the school; and (2) plan and implement a major restructuring of the school's governance arrangement that makes fundamental reforms and has substantial promise of enabling the school to make AYP. Includes among such restructuring arrangements for a school: (1) reopening as a public charter school; (2) replacing all or most of the staff (which may include the principal) relevant to the AYP failure; (3) making a contract for operation of the public school by a public or private entity with a demonstrated record of effectiveness; or (4) SEA operation of the school. Directs the Secretary to provide technical assistance for such restructuring to certain small, rural LEAs that request it. Requires an LEA to promptly notify teachers and parents of students at a school to be restructured, and provide them adequate opportunity to comment on any such action and participate in developing any such plan. Prohibits an LEA from continuing to subject a school to requirements of school improvement, corrective action, or restructuring or to identify the school for school improvement for the succeeding school year, if the school makes AYP for two consecutive school years. Requires SEAs to provide: (1) technical assistance for school assessment and improvement; (2) annual review of LEA compliance with school assessment and improvement requirements; and (3) notice to the Secretary of schools or LEAs identified for improvement. Authorizes States to make certain rewards to LEAs that have exceeded AYP for two consecutive years. Requires States to identify for improvement LEAs that have failed to make AYP for two consecutive years. Requires such LEAs to make improvement plans. Directs each State to: (1) provide technical or other assistance to identified LEAs to develop and implement their plans and work with schools needing improvement; and (2) implement a system of corrective action for such LEAs. Requires States, if an LEA fails to make AYP after two school years after its identification, to continue technical assistance and to take at least one of the following corrective actions: (1) deferring programmatic funds or reducing administrative funds; (2) instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational achievement for low-achieving students; (3) replacing LEA personnel relevant to AYP failure; (4) removing particular schools from LEA jurisdiction, establishing alternative arrangements for such schools' public governance and supervision; and (5) appointing a receiver or trustee to administer LEA affairs in place of the superintendent and school board. Revises requirements for statewide systems school support, improvement, and recognition. Revises and renames I-B as Student Reading Skills Improvement Grants to: (1) establish programs for Reading First and Early Reading First initiatives, under new subparts 1 and 2; (2) revise and reauthorize the William F. Goodling Even Start Family Literacy Programs, under subpart 3; and (3) establish a subpart 4 program for Improving Literacy through School Libraries. Establishes, under I-B-1, the Reading First program to provide: (1) increased funding for improving classroom reading instruction; (2) assistance to SEAs and LEAs to establish scientific research-based reading programs for all children in kindergarten through grade three; and (3) professional development for teachers to identify children at-risk for reading failure and give effective early instruction to overcome specific barriers to reading proficiency. Allocates 80 percent of program funds to States based on poverty rates. Reserves 20 percent of program funds for two-year discretionary performance-based grants to States that reduce the number of children who cannot read. Allows States to use up to15 percent of the funds for professional development. Requires States to distribute at least 80 percent of funds to LEAs on a competitive basis with priority for high poverty areas in which there is a high percentage of students in grades kindergarten through three reading below grade level. Requires funds to be used for diagnostic assessments and instructional materials that include the essential components of reading instruction. Establishes, under I-B-2, the Early Reading First program of competitive grants for supporting enhanced reading readiness for children ages three through five in high poverty areas where there are high numbers of students who are not reading at grade level. Provides for development of verbal skills, phonemic awareness, pre-reading development, and assistance for professional development for teachers in child care centers or Head Start centers in instructional activities that would prepare children for formal reading instruction in kindergarten and grade one. Revises and reauthorizes, under I-B-3, the William F. Goodling Even Start Family Literacy Programs. Sets forth the I-B-4 Improving Literacy Through School Libraries program, to provide students with increased access to up-to-date school library materials, well-equipped, technologically advanced school library media centers, and well-trained, professionally certified school library media specialists. Requires formula grants to SEAs if appropriations reach a specified level or, otherwise, competitive grants to eligible LEAs. Revises and reauthorizes I-C (Education of Migratory Children). Revises eligibility requirements for receiving funds, and provides States with increased flexibility in use of funds. Directs the Secretary to assist States in developing effective methods for the transfer of student records and for determining minimum data elements to be transferred. Revises, renames, and reauthorizes I-D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk). Requires States to set aside 15 percent (currently ten percent) of subpart 1 State Agency Programs funds for transition of youth in State correctional facilities back to their local schools. Includes among required uses of subpart 2 Local Agency Programs funds the operation of programs in local schools for children and youth returning from local correctional facilities, and allows such programs to serve other at-risk children and youth. Establishes, as I-E, a National Assessment of Title I. Directs the Secretary to conduct a national assessment of the impact of the policies enacted into law under ESEA title I on States, LEAs, schools, and students. Revises and reauthorizes provisions for: (1) evaluations; (2) demonstrations of innovative practices; and (3) assessment evaluation. Reauthorizes the Close Up Fellowship Program, administered by the Close Up Foundation, which provides financial aid to enable low-income middle school and secondary school students, their teachers, older Americans, recent immigrants, and children of migrant parents to come to Washington, D.C. to study the operations of the three branches of government. Establishes a I-F program for Comprehensive School Reform. Authorizes the Secretary to award grants to States to make subgrants to LEAs to provide incentives for schools to develop comprehensive reforms so that all children can meet challenging State content and academic achievement standards. Requires such reforms to be based on scientifically-based research and effective practices, and to emphasize basic academics and parental involvement. Access to High Standards Act - Establishes, as I-G, Advanced Placement (AP) Programs of assistance to increase the access of low-income students to AP high school courses and AP tests to earn advanced placement and credits at institutions of higher education. Dropout Prevention Act - Establishes, as I-H, School Dropout Prevention provisions, including: (1) a Coordinated National Strategy (subpart 1); and (2) a National School Dropout Prevention Initiative (subpart 2). Revises and reauthorizes part I, general provisions of title I, including negotiated Federal rulemaking, State rulemaking, a State committee of practitioners to advise the State in carrying out its responsibilities under title I, LEA spending audits, and State reports on dropout data. Provides that nothing in title I authorizes Federal mandates with regard to a State's, LEA's, or school's: (1) specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction; or (2) equalized spending per pupil. Title II: Preparing, Training, and Recruiting High Quality Teachers and Principals - Revises ESEA title II, as Preparing, Training, and Recruiting High Quality Teachers and Principals, to replace and consolidate the current Eisenhower Professional Development and Class-Size Reduction programs by establishing a part A Teacher Quality and Principal Training and Recruiting Fund (II-A) as a State formula grant program (subpart 1), with subgrants to LEAs (subpart 2) and to eligible partnerships (subpart 3), to support various similar and additional activities to improve elementary and secondary school teaching. Allows States and LEAs additional flexibility in the use of II-A funds, in exchange for their demonstrating that student achievement is increasing. Sets forth I-A-4 provisions for accountability and technical assistance. Authorizes the following I-A-5 national activities: (1) a national teacher recruitment campaign, including a clearinghouse; (2) national principal and assistant principal recruitment program grants to high-need LEAs, or consortia of such LEAs, or partnerships of such LEAs with nonprofit organizations, and higher education institutions; (3) grants to eligible entities for advanced certification or credentialing activities; (4) a grant to the University of Northern Colorado to provide assistance to other higher education institutions in training special education teachers; (5) early childhood educator professional development grants to eligible partnerships to improve knowledge and skills of early childhood educators who work in communities that have high concentrations of children living in poverty; and (6) a National Panel on Teacher Mobility to study and report on strategies for increasing mobility and employment opportunities for highly qualified teachers, especially for States with teacher shortages and States with school districts or school that are difficult to staff. (Sec. 201) Establishes, as II-B, a Mathematics and Science Partnerships program of grants to: (1) SEAs; or (2) if appropriations do not reach a specified level, eligible partnerships of SEAs, higher education mathematics, engineering, or science departments, high-need LEAs, and specified optional entities. Sets forth II-C, Innovation for Teacher Quality. Revises and reauthorizes, under subpart 1 Transitions to Teaching, requirements for the following programs: (1) the Troops-to-Teachers program for recruiting military retirees into teaching and for innovative preretirement teacher certification programs for members of the Armed Forces; and (2) the Transition to Teaching program for professionals seeking to change careers. Revises and reauthorizes the National Writing Project under II-C-2 (currently under title X part K). Education for Democracy Act - Revises and reauthorizes Civic Education programs under II-C-3 (currently under title X, part F). Authorizes the Secretary to make grants to or contracts with: (1) the Center for Civic Education to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange (CEE) programs; and (2) the National Council on Economic Education to carry out economic education activities under CEE programs. Makes eligible for CEE programs Central or Eastern European countries, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union, the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country with a democratic form of government (as determined by the Secretary with the concurrence of the Secretary of State). Establishes, as II-C-4, a program for Teaching of Traditional American History. Authorizes the Secretary to make competitive grants to LEAs in partnership with higher education institutions, nonprofit history or humanities organizations, or libraries or museums. Paul Coverdell Teacher Protection Act of 2001 - Sets forth, as II-C-5, Teacher Liability Protection. Preempts State law, except where it provides additional protection of teachers from liability. Makes such provisions inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that such provisions not apply. Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. Enhancing Education Through Technology Act of 2001 - Sets forth, as II-D, Enhancing Education Through Technology, provisions which revise and reauthorize some programs under the current title III (Education for Technology). Consolidates such program activities for telecommunications and technology access into a formula grant program for State and local technology programs under II-D-1 (State and Local Technology Grants). Includes among authorized State and local activities enabling teachers to use the Internet to retrieve learning resources and to communicate with other teachers, parents, principals, and administrators. Authorizes certain national activities and a national education technology plan under II-D-2, National Technology Activities. Sets forth, under II-D-3, Ready-to-Learn Television provisions which revise and reauthorize programs under current III-C. Prohibits use of II-D funds by certain elementary or secondary schools to purchase computers used to access the Internet or pay direct costs of Internet access, unless such schools have Internet safety policies that include operation of technology protection measures that prevent access to visual depictions that are obscene, or child pornography, or harmful to minors. (Sec. 202) Provides for continuation of prior awards of: (1) funds under the Department of Education Appropriations Act, 2001 for new teacher recruitment initiatives; and (2) grants or contracts under the National Writing Project. Title III: Language Instruction for Limited English Proficient and Immigrant Students - Revises ESEA title III as Language Instruction for Limited English Proficient and Immigrant Students (current title VII is Bilingual Education, Language Enhancement, and Language Acquisition Programs). (Current title III Technology for Education programs are eliminated, but some similar activities are consolidated under the new II-D, and the Star Schools program is reauthorized under V-D-7.) (Sec. 301) Consolidates and revises current Bilingual Education Act (BEA) programs (III-A) and the Emergency Immigrant Education Program (III-B-4) into a program of formula grants to States for education of limited English proficient (LEP) and immigrant children, when appropriations reach a specified level for such III-A to be in effect (otherwise, III-B is in effect). (Transfers the Foreign Language Assistance Program to title V.) English Language Acquisition, Language Enhancement, and Academic Achievement Act - Sets forth, as title III part A, an Education of Limited English Proficient and Immigrant Children Act (III-A). Bases III-A grant distribution to States on enrollment levels of limited English proficient (LEP) and immigrant students. Bases within-State distribution on enrollment of LEP students. Allows State reservation of a portion of such funds for grants to LEAs with large influxes of recent immigrant students. Requires local use of 95 percent of III-A funds. Reduces administrative funds if a State fails to have a majority of LEP children become English language proficient. Requires students who have been in U.S. schools for at least three years to be tested for reading in English. Requires LEAs to obtain informed parental consent prior to placing children in an instructional program that is not taught primarily in English. Allows parents to: (1) choose among instructional programs if more than one type of program is offered; and (2) immediately remove their child from a program for LEP children. Sets forth certain language program exceptions for programs that serve Native American and Native Pacific Island children and children in the Commonwealth of Puerto Rico. Improving Language Instruction Educational Programs for Academic Achievement Act - Sets forth, as III-B (when appropriations levels are not high enough for III-A to be in effect), provisions for Improving Language Instruction Educational Programs. Sets forth III-B-1, Program Development and Enhancement, with grants to LEAs, higher education institutions, and community-based organizations for activities for program enhancement and for comprehensive school and systemwide improvement. Sets forth III-B-2, Research, Evaluation, and Dissemination. Directs the Secretary to conduct such activities through the Office of Educational Research and Improvement in coordination with the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. Authorizes the Secretary to make grants to: (1) SEAs to make awards to recognize LEA and other public and nonprofit entity programs demonstrating significant progress in assisting LEP students to learn English and meet academic standards; and (3) for instructional materials development in Native American (including Hawaiian, Pacific Islanders, and outlying area) languages and other low-incidence languages in the United States for which such materials are not readily available. Sets forth III-B-3, Professional Development, to authorize the Secretary to award grants to SEAs, LEAs, higher education institutions, or consortia of such entities, for professional development programs and activities to improve instruction and services for LEP children. Reauthorizes and revises, under III-B-4, the Emergency Immigrant Education Program. (Provides for funds for such program as part of III-A formula grants or separately under III-B, depending on whether A or B is in effect.) Sets forth III-C general provisions, including requirements for parental notification. Directs the Secretary to establish a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, to be administered as an adjunct clearinghouse of the Educational Resources Information Center (ERIC) Clearinghouses system supported by the Office of Educational Research and Improvement. Title IV: 21st Century Schools - Revises and renames ESEA title IV as 21st Century Schools (currently Safe and Drug-Free Schools and Communities). Safe and Drug-Free Schools and Communities Act - Sets forth title IV, part A, Safe and Drug-Free Schools and Communities. Reauthorizes and revises programs of drug and violence prevention in elementary and secondary schools (currently under IV, the Safe and Drug-Free Schools and Communities Act of 1994). Sets forth IV-A-1, State Grants. Revises certain fund allocation formulas to give priority to schools with high proportions of low-income students. Requires drug and violence prevention programs to be consistent with certain principles of effectiveness. Requires States to establish policies allowing transfer to a safe public school within their LEA to students who attend persistently dangerous schools or who are victims of violent crimes in school or on school grounds. Allows States to carry out programs through grants and contracts with charitable, religious, and other private organizations, in addition to LEAs. Provides that certain limitations on LEA program expenditures under IV-A do not apply to the hiring and training of school resource officers. Sets forth, under IV-A-2, National Programs, revising and reauthorizing provisions for: (1) Federal activities; (2) impact evaluation; and (3) hate crime prevention grants to LEAs and community-based organizations to assist localities most directly affected by hate crimes. Establishes the Safe and Drug Free Schools and Communities Advisory Committee. Authorizes the Secretary to make grants to: (1) LEAs, for hiring drug prevention and school safety program coordinators, through a National Coordinator Program; (2) States, for programs requiring community service by students who are expelled or suspended from school; (3) LEAs, for programs to reduce alcohol abuse in secondary schools; and (4) LEAs, nonprofit community organizations, or partnerships of these entities, for mentoring programs and activities for children with the greatest need. Provides for establishment of a School Technology and Resource Center. Authorizes the Secretary, the Attorney General, and the Secretary of Energy to enter into an agreement to establish such Center at the Sandia National Laboratories, in partnership with the National Law Enforcement and Corrections Technology Center-Southwest and the National Center for Rural Law Enforcement in Little Rock, Arkansas. Directs the Attorney general to administer such Center. Authorizes the Secretary and the Attorney General to establish a National Center for School and Youth Safety, to carry out emergency response, anonymous student hotline, consultation, information, and outreach. Gun-Free Schools Act - Sets forth, under IV-A-3, Gun Possession, certain gun-free school requirements (currently under IX-F, the Gun-Free Schools Act), including requiring State laws to provide a minimum one-year expulsion of any student bringing a firearm to school or possessing one there (allowing LEA chief administrative officers to make case-by-case modifications). Sets forth, as title IV part B, 21st Century Community Learning Centers, provisions which reauthorize and revise before-and-after-school programs for youth (currently under X-I, the 21st Century Community Learning Centers Act). Allots funds through a formula to the States based on school-age population and on title I participation. Requires States to use such funds to provide competitive grants to LEAs, community-based organizations, and other private and public organizations to administer such programs. Requires States, if they opt to require local matching funds for such grants, to allow in-kind contributions. Pro-Children Act of 2001 - Sets forth, as title IV part C, Environmental Tobacco Smoke, prohibitions for schools (provisions similar to those for a tobacco smoke-free environment for schools under part C of title X of the Goals 2000: Educate America Act, which is repealed under this Act). Reauthorizes prohibitions against smoking within any indoor facility used for routine or regular provision of children's services (up to age 18), including health, day care, early development, education, or library services. Sets forth procedures for civil penalties and administrative compliance orders to be enforced by the Secretary of Health and Human Services. Title V: Promoting Informed Parental Choice and Innovative Programs - Sets forth a new ESEA title V, Promoting Informed Parental Choice and Innovative Programs. Includes and revises, under this new title V, Magnet School Assistance and Public Charter Schools (current parts A and B under current title V, Promoting Equity), as well as certain parts of Innovative Education Program Strategies (current VI), the Foreign Language Assistance Program (current VII-B), and Programs of National Significance (current title X). (Sec. 501) Revises and reauthorizes as V-A Innovative Programs: (1) subpart 1 State and Local Innovative Programs (current VI-A); (2) subpart 2 State Programs (current VI-B); and (3) subpart 3 Local Innovative Education Programs (current VI-C). Revises formulas relating to distribution of innovative program funds to LEAs (under V-A-1). Includes among authorized State uses of program funds support for arrangements that provide for independent analysis to measure and report on school district achievement. Adds to authorized local uses of program funds activities involving: (1) professional development and hiring of teachers; (2) promotion of consumer, economic, and personal finance education; (3) expanded and improved school-based mental health services; (4) community service programs using qualified school personnel to train youths to strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage; (5) improvement of civics and government education; (6) alternative educational programs for students who have been expelled or suspended; (7) hiring and support of school nurses; (8) prekindergarten programs for children ages three through five; (9) academic intervention programs to support academic enrichment and counseling for at-risk students during the school day, operated jointed with community-based organizations; (10) programs for cardiopulmonary resuscitation (CPR) training in schools; and (11) programs to establish smaller learning communities. Reauthorizes other innovative activities, including those to promote, implement, or expand public school choice. Revises provisions for Public Charter Schools (as V-B; currently X-C). Reauthorizes: (1) grants for charter school programs (V-B-1); and (2) credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation (V-B-2). Establishes a program of competitive grants to eligible entities to establish or expand voluntary public school choice programs. Reauthorizes the Magnet Schools Assistance program (as V-C; currently under V-A). Sets forth, under title V part D (Fund for the Improvement of Education), various programs, including such Fund, which are currently under title X (Programs of National Significance) and other ESEA titles. Revises provisions for such Fund (current X-A) under V-D-1, redesignating some of the Fund's programs under separate subparts. Authorizes certain Fund programs and activities. Directs the Secretary to carry out studies of national significance regarding: (1) unhealthy public school buildings; (2) the effects of children's exposure to violent entertainment; and (3) sexual abuse in schools. Sets forth, as V-D-2, Elementary and Secondary School Counseling Programs, to reauthorize, revise, and expand the elementary school counseling demonstration program (under current X-A) to include secondary school counseling programs. Sets forth, as V-D-3, a Partnerships in Character Education program to revise, reauthorize, and expand a pilot project currently under X-A. Authorizes the Secretary to make grants to eligible entities in partnerships to design and implement State and local character education programs incorporating the elements of caring, civic virtue and citizenship, justice and fairness, respect, responsibility, trustworthiness, and giving, as well as any other elements deemed appropriate by the members of the eligible entity, and any additional elements defined after consultation with the schools and communities served. Reauthorizes, as Smaller Learning Communities (V-D-4), a program of grants to LEAs for certain activities relating to creation of smaller learning communities (currently under X-A). Reauthorizes the Reading Is Fundamental, Inexpensive Book Distribution Program for reading motivation (V-D-5) (current X-E). Jacob K. Javits Gifted and Talented Students Education Act of 2001 - Reauthorizes and revises Gifted and Talented Children programs (as V-D-6; currently under title X, part B). Star Schools Act - Reauthorizes the Star Schools Program (as V-D-7; current III-B). Sets forth, as V-D-8, a Ready to Teach program of grants for digital educational programming and other related activities to improve teachers skills and knowledge of core curriculum subjects. Foreign Language Assistance Act of 2001 - Revises and reauthorizes the program of Foreign Language Assistance (V-D-9) (current VII-B), including: (1) grants to SEAs and LEAs for elementary and secondary school foreign language programs; and (2) incentive payments to elementary schools that provide students a program leading to communicative competency in a foreign language. Carol M. White Physical Education Program - Sets forth, as V-D-10, Physical Education, to revise provisions similar to the current Physical Education for Progress program (current X-L). Sets forth, as V-D-11, provisions for grants, contracts, and cooperative agreements for Community Technology Centers. Alaska Native and Native Hawaiian Education Through Cultural and Historical Organizations Act - Sets forth, as V-D-12, provisions for grants and contracts for Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading Partners in Massachusetts. Excellence in Economic Education Act of 2001 - Establishes, as V-D-13, an Excellence in Economic Education program authorizing the Secretary to award a competitive grant to a national nonprofit educational organization that has as its primary purpose improving student understanding of personal finance and economics through classroom teaching. Establishes, under V-D-14, Grants to Improve the Mental Health of Children: (1) a program of grants, contracts, and cooperative agreements with SEAs, LEAs, and Indian tribes for the integration of schools and mental health systems; and (2) a program of Foundations for Learning Grants to LEAs, local councils, community-based organizations, and other public and private nonprofit entities, for promotion of school readiness through early childhood emotional and social development. Revises Arts Education programs (as V-D-15; currently under title X, part D) to provide for: (1) increased participation of local organizations; (2) collaborative efforts by arts educators and State and local arts agencies; and (3) consultation about grant awards by the Secretary with arts educators and organizations. Reauthorizes arts and education programs that ensure participation in mainstream settings for individuals with disabilities through the Kennedy Center, Very Special Arts (VSA), and other arrangements. Requires Federal arts education funds to be used only to supplement and not supplant non-federal arts activities. Eliminates the Cultural Partnerships for At-Risk Children and Youth program. Establishes programs for: (1) Parental Assistance and Local Family Information Centers (V-D-16); (2) Combating Domestic Violence (V-D-17); (3) Healthy, High-Performance Schools (V-D-18); (4) Grants for Capital Expenses of Providing Equitable Services for Private School Students (V-D-19); and (5) Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition (V-D-20). Women's Educational Equity Act of 2001 - Sets forth, as V-D-21, the Women's Educational Equity Act (current V-B). Title VI: Flexibility and Accountability - Revises ESEA title VI as Flexibility and Accountability. (Sec. 601) Sets forth VI-A, Improving Academic Achievement. Sets forth, as VI-A-1, Accountability provisions. Directs the Secretary to make: (1) grants to States for certain costs relating to developing or administering newly-required State assessments, standards, and related activities; and (2) competitive grants to SEAs for enhanced assessment instruments. Provides funding for: (1) administration of State assessments under the National Assessment of Educational Progress (NAEP); and (2) VI-A-1 grants to States and SEAs. State and Local Transferability Act - Sets forth VI-A-2, Transferability of Funds. Authorizes State and LEA transfers of funds: (1) among specified ESEA formula grant programs (relating to teachers, technology, safe and drug-free schools, and innovative programs); and (2) from such programs to their allocations for ESEA title I, but does not allow transfer of title I funds to other programs. Allows States to transfer up to 50 percent of State activity funds among such programs, as well as the 21st Century Community Learning Centers program. Allows LEAs to transfer up to 50 percent of funds among such programs, but limits this to 30 percent for LEAs failing to meet State AYP requirements and only for improvement activities to address such failure. State and Local Flexibility Demonstration Act - Sets forth VI-A-3, State and Local Flexibility Demonstration, with: (1) a chapter A program of State flexibility authority agreements for up to seven eligible SEAs, for performance agreements with at least four and not more than ten eligible LEAs in each such State (at least half of which are high poverty LEAs); and (2) a chapter B program of local flexibility demonstration agreements for up to 80 eligible LEAs (up to three LEAs in each State which does not have a chapter A agreement). Provides for consolidation of funds from specified ESEA programs (under the State chapter A program, from I-A, Reading First, Even Start, teachers, technology, safe and drug-free schools, 21st Century Community Learning Centers, and innovative programs; and under the local chapter B program, from teachers, technology, safe and drug-free schools, and innovative programs) for use for any purpose authorized under any ESEA program, for a five-year period, with loss of such authority by any such State or LEA that fails to meet State AYP requirements. Allows up to 80 LEAs to consolidate all their funds under specified ESEA programs relating to for any purpose authorized under any ESEA program. Grants such authority for a five-year period. Provides that any such State LEA will lose such authority if it fails to meet State AYP requirements for two consecutive years. Sets forth, as VI-A-4, provisions for State Accountability for Adequate Yearly Progress (AYP). Directs the Secretary to use an annual peer review process to determine whether each State that has a plan under I-A-1 and III-A-1 has: (1) made AYP for each of specified groups of students under title I; and (2) met its annual measurable achievement objectives (annual objectives) under title III. Requires the Secretary to provide technical assistance to States that have failed to make AYP for two consecutive years. Authorizes such assistance for States that have failed to achieve annual objectives for two consecutive years. Directs the Secretary to report annually to specified congressional committees on States that have not made AYP or met annual objectives, and on such technical assistance. Rural Education Achievement Program - Revises, reauthorizes, and transfers to VI-B ESEA requirements for a Rural Education Initiative, with State formula grants for: (1) subpart 1 Small, Rural School Achievement Program; and (2) subpart 2 Rural and Low-Income School Program. Sets forth part C general provisions with respect to title VI, including: (1) a prohibition against Federal mandates, direction, or control; and (2) a rule of construction on equalized spending. Amends the National Education Statistics Act of 1994 with respect to State assessments. Directs the Commissioner of Education Statistics to conduct biennial State NAEP assessments in reading and mathematics in grades 4 and 8. Authorizes the Commissioner to conduct State NAEP assessments: (1) in reading and mathematics in grade 12; and (2) in additional subject matter in grades 4, 8, and 12. Title VII: Indian, Native Hawaiian, and Alaska Native Education - Reauthorizes and revises ESEA requirements for Indian, Native Hawaiian, and Alaska Native Education (currently under title IX parts A, B, and C) under this new title VII. (Sec. 701) Revises and reauthorizes provisions relating to Indian Education, as VII-A. Allows certain LEAs to combine Indian Education Act funds with other Federal funds they receive for Indian students in order to carry out demonstration projects integrating services for such students. Native Hawaiian Education Act - Revises and reauthorizes, as VII-B Native Hawaiian Education (the Native Hawaiian Education Act, current IX-B). Alaska Native Educational Equity, Support, and Assistance Act - Revises and reauthorizes, as VII-C, Alaska Native Education (the Alaska Native Educational Equity Support and Assistance Act, current IX-C). Title VIII: Impact Aid Program - Revises and reauthorizes the Impact Aid Program (continues as title VIII of ESEA). (Sec. 801) Revises a hold-harmless formula for distributing impact aid payments for Federal acquisition of real property for fiscal years in which insufficient funds are appropriated. (Sec. 802) Revises impact aid provisions for certain heavily impacted LEAs, under the program of payments for eligible federally connected children. (Sec. 803) Revises impact aid requirements for construction through school facility emergency and modernization grants. (Sec. 804) Revises requirements relating to State consideration of impact aid payments in providing State aid. (Sec. 805) Extends the authorization of appropriations for impact aid. Title IX: General Provisions - Revises ESEA General Provisions (title IX), including definitions, flexibility in the use of administrative and other funds, coordination of programs, consolidated plans and applications, waivers, uniform provisions, and evaluations. (Sec. 901) Sets forth additional uniform provisions. Provides that nothing in ESEA shall be construed to affect: (1) home schools, whether or not one is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced in ESEA; or (2) any private school that does not receive funds or services under ESEA, nor shall any student who attends such a school be required to participate in any assessment referenced in ESEA. Requires specified privacy protections for any results from individual assessments referenced in ESEA which become part of the education records of a student. Requires LEAs, as a condition of receiving ESEA funds, to certify that they have no policy that prevents or otherwise denies participation in constitutionally-protected prayer in public schools. Boy Scouts of America Equal Access Act - Prohibits any SEA, LEA, or public school that receives Department of Education funds from discriminating, in providing equal access to school premises or facilities that have been designated as open or limited public forums, against any group officially affiliated with the Boy Scouts of America or any other youth group listed as a patriotic society, on the basis of such group's membership or leadership criteria or oath of allegiance. Prohibits use of ESEA funds for programs of contraceptive (currently, condom) distribution at schools. Prohibits the Department of Education from using any of its funds to endorse, approve, or sanction any elementary or secondary school curriculum. Prohibits use of ESEA funds to require States, as a condition of ESEA assistance, to have Federal approval or certification of academic content or student achievement standards. Provides that nothing in ESEA shall be construed to mandate national school building standards for a State, LEA, or school. Requires any secondary school that receives ESEA funds to permit regular U.S. Armed Services recruitment activities on school grounds, in a manner reasonably accessible to all its students. Prohibits: (1) use of ESEA funds for federally-sponsored national testing, unless specifically authorized by law, with an exception for representative samples in certain international comparative assessments; and (2) use of Federal funds or sanctions for mandatory national certification of teachers and paraprofessionals. Provides that nothing in ESEA shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies or in data collection efforts under ESEA. Requires States receiving ESEA funds to establish policies allowing transfer to a safe public school within their LEA for students who attend persistently dangerous schools or who are victims of violent crimes in school or on school grounds. Title X: Repeals, Redesignations, And Amendments to Other Statutes - Part A: Repeals - Repeals provisions relating to the Advanced Placement: (1) fee payment program, under the Higher Education Amendments of 1992; and (2) incentive program, under the Higher Education Amendments of 1998. Repeals certain provisions relating to Ready to Learn Television, under the General Education Provisions Act (but reauthorizes such program under ESEA II-D-4). (Sec. 1011) Repeals provisions under the Goals 2000: Educate America Act for: (1) the National Education Goals Panel; and (2) an International Education Program. Repeals the following ESEA provisions: (1) title X, Programs of National Significance (many of which are revised and reauthorized under the new title V, part D); (2) title XI, Coordinated Services; (3) title XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation; (4) specified provisions relating to title XIII support and assistance programs to improve education (which are redesignated under another Act); and (5) title XIV (General Provisions, which are revised and redesignated as title IX). Repeals the Troops-to-Teachers Program Act of 1999 (but sets forth a revised form of the Troops-to-Teachers Program under title II of this Act). Part B: Redesignations - Redesignates and revises the following current parts of ESEA as new parts of the Educational Research, Development, Dissemination, and Improvement Act of 1994: (1) Comprehensive Regional Assistance Centers (current title XIII part A as new part K); (2) National Diffusion Network (current XIII-B as new L); (3) Eisenhower Regional Mathematics and Science Education Consortia (current XIII-C as new M); and (4) technology-based technical assistance (current XIII-D as new N). Part C: Homeless Education - McKinney-Vento Homeless Education Assistance Improvement Act of 2001 - Amends the McKinney-Vento Homeless Assistance Act to revise and reauthorize requirements for education for homeless children and youth. Requires schools to: (1) immediately enroll homeless children and youth; and (2) keep children in their school of origin whenever possible and appropriate. Requires public notice of the educational rights of homeless children and youth to be disseminated in school districts. Prohibits States receiving such program funds from segregating a homeless child, either in a separate school or in a separate program within a school, based on that student's status as homeless. Allows States flexibility in use of program funds for Statewide support and technical assistance activities. Increases the amount of program funds available to small States. Part D: Native American Education Improvement - Native American Education Improvement Act of 2001 - Amends the Education Amendments of 1978 to revise provisions for Bureau of Indian Affairs (BIA) programs. Requires BIA schools to be accredited within a specified period. Authorizes the Secretary of the Interior to take certain corrective actions for BIA schools still unaccredited after such period. (Sec. 1043) Amends the Tribally Controlled Schools Act of 1988 to revise and reauthorize grant and school endowment programs. (Sec. 1044) Authorizes the Ojibwa Indian School in Belcourt, North Dakota, to use funds under the Tribally Controlled Schools Act of 1988 to make certain lease payments. (Sec. 1045) Amends the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments Act of 1988 to prohibit the Secretary of the Interior from disqualifying from continued receipt of BIA general assistance payment an otherwise eligible Indian because such individual is enrolled at least half-time and making satisfactory in a study or training program. Part E: Higher Education Act of 1965 - Amends the Higher Education Act of 1965 (HEA) to establish a program for Preparing Tomorrow's Teachers to Use Technology as a new part B of title II of HEA. Provides for continuation of awards under a similar program currently under ESEA. Part F: General Education Provisions Act - Amends the General Education Provisions Act with respect to student privacy, parental access to information, and administration of certain physical examinations to minors. Part G: Miscellaneous Other Statutes - Amends Federal law relating to compensation for an Under Secretary of Education. (Sec. 1072) Amends the Department of Education Organization Act to: (1) direct the Secretary to designate an office and appoint a coordinator of Department of Education activities as they relate to outlying areas; and (2) rename the Office of Bilingual Education and Minority Languages Affairs as the Office of Educational Services for Limited English Proficient Children. (Sec. 1073) Amends the Education Flexibility Partnership Act of 1999 to revise references to specified ESEA and other program requirements that may be waived under such Act. (Sec. 1074) Amends the Educational Research, Development, Dissemination, and Improvement Act of 1994 to provide for continuation of awards for certain multiyear grants and contracts. (Sec. 1075) Amends the National Child Protection Act of 1993 to allow certain funds under such Act to be made available for background checks on individuals who are employed, or seek employment, with schools in any capacity, including as a child care provider, teacher, or another member of school personnel.
Better Education for Students and Teachers Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, rename, consolidate, and reauthorize certain programs and activities. (Sec. 3) Sets forth provisions relating to participation in certain ESEA programs by private school children and teachers. Prohibits use of ESEA funds for religious worship or instruction. Makes ineligible to receive ESEA funds any State or local educational agency (LEA) adjudged by a Federal court of competent jurisdiction to have willfully violated a Federal court order mandating that such LEA remedy a violation of the constitutional right of any student with respect to prayer in public schools, until the LEA complies with such order. Prohibits such withheld funds from being reimbursed for the period during which the LEA was in willful noncompliance. Prohibits ESEA funds from being used to: (1) develop or distribute materials, or operate programs or courses of instruction directed at youth that are designed to promote or encourage, sexual activity, whether homosexual or heterosexual; (2) distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; (3) provide sex education or HIV prevention education in schools unless such instruction is age appropriate and includes the health benefits of abstinence; or (4) operate a program of condom distribution in schools. Provides that such prohibitions shall not be construed to: (1) authorize a Federal officer or employee to mandate, direct, review, or control a State, LEA, or school's instructional content, curriculum, and related activities; (2) limit the application of the General Education Provisions Act; (3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or (4) create any legally enforceable right. Provides that nothing in ESEA shall be construed to authorize a Federal officer or employee to mandate, direct, review, or control a State, LEA, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or local government to spend any funds or incur any costs not paid for under ESEA. Prohibits Department of Education or ESEA funds from being used for any purpose relating to a nationwide test in reading, mathematics, or any other subject, including test development. Exempts from such prohibition: (1) the National Assessment of Educational Progress; and (2) the Third International Math and Science Study. Prohibits the use of Department of Education or ESEA funds for any purpose relating to a mandatory nationwide test or certification of teachers or education paraprofessionals, including any planning, development, implementation, or administration of such test or certification. Provides that nothing in ESEA shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under ESEA. Provides that nothing in ESEA shall be construed to: (1) affect home schools, whether or not a home school is treated as a home school or a private school under State law; or (2) require any home schooled student to participate in any assessment referenced in ESEA.. Provides that nothing in ESEA shall be construed to: (1) affect any private school that does not receive ESEA funds or services; or (2) require any student who attends a private school that does not receive ESEA funds or services to participate in any assessment referenced in ESEA. Provides that nothing in ESEA shall be construed to authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. Provides that this provision does not bar private, religious, or home schools from participation in programs or services under ESEA. Makes ESEA title IV part B gun-free school provisions inapplicable to home schools, regardless of whether or not a home school is treated as a private school or home school under State law. Provides that nothing in ESEA shall be construed to require any State or LEA that receives ESEA funds from (sic) mandating, directing, or controlling the curriculum of a private or home school, regardless of whether or not a home school is treated as a private school or home school under State law; and prohibits ESEA from being used for such purpose. Title I: Better Results for Disadvantaged Children - Revises ESEA title I as Better Results for Disadvantaged Children (currently Helping Disadvantaged Children Meet High Standards). Part A: Better Results for Disadvantaged Children - Revises title I part A (I-A), also Better Results for Disadvantaged Children, with respect to: (1) yearly testing and assessments of student performance; (2) Adequate Yearly Progress (AYP) standards; (3) identification of schools for improvement and corrective actions; (4) public school choice options to be offered under certain conditions; (5) reports to parents and the public on school performance and teacher quality; (6) State reservation of funds for school improvement; (7) formulas relating to Basic, Concentration, Targeted, and Education Finance Incentive Grants; and (8) eligibility requirements for schoolwide programs. (Sec. 111) Revises requirements for State plans. Requires AYP standards to: (1) be established for each school, LEA, and State; and (2) apply specifically to disadvantaged students, as well as to all students. (Sec. 112) Revises requirements for local educational agency (LEA) plans. (Sec. 113) Revises requirements for eligible school attendance areas. (Sec. 114) Revises schoolwide programs. (Sec. 115) Revises provisions for targeted assistance schools. (Sec. 116) Sets forth provisions for pupil safety and family school choice. Requires public school choice options to be offered to title I-eligible disadvantaged students who are victims of violent crime or attend unsafe schools. (Sec. 117) Revises provisions for assessment and for LEA and school improvement to expand accountability requirements. Requires LEAs to identify for school improvement all schools which fail to meet AYP standards for one year. Requires that, if an identified school fails to meet the State's AYP standards for a second consecutive year, the school's students be offered the choice to attend other public schools not so identified, unless such options are prohibited by State, or local law or other schools do not have adequate capacity. Requires States and LEAs to take one of the following corrective actions if any schools fail to improve two years after identification: (1) implementation of alternative governance mechanisms, such as reopening as a charter school; (2) replacement of relevant school staff; or (3) application of a new curriculum. Requires that, if a school fails to meet AYP requirements for three consecutive years after identification, its students be offered: (1) public school choice option (with none of the earlier conditions); and (2) the choice of obtaining supplemental instructional services from a provider other than their school. Requires reconstitution of a school (replacement of all school staff, reopening as a charter school, or implementation of alternative governance arrangements) if: (1) during the year following identification for corrective action, it still fails to meet AYP standards overall; and (2) it specifically fails to meet them for economically disadvantaged students in the same subject for each of the three years preceding the school year for which it was identified. Provides for waivers of some accountability requirements for certain rural LEAs. (Sec. 118) Revises provisions for assistance for school support and improvement. Requires schools identified for corrective actions to receive technical assistance. (Sec. 118A) Authorizes the Secretary to make grants to States and LEAs for the following enhanced assessment instruments activities: (1) collaboration with institutions of higher education, other research institutions, and other organizations to improve the quality and fairness of State assessment systems beyond basic requirements; (2) characterization of student achievement in terms of multiple aspects of proficiency; (3) charting of student progress over time; (4) close tracking of curriculum and instruction; and (5) monitoring and improved judgments based on informed evaluations of student performance. (Sec. 119) Sets forth provisions for parental involvement. (Sec. 120) Sets forth provisions relating to professional development. (Sec. 120A) Sets forth requirements for participation of children enrolled in private schools. (Sec. 120B) Allows LEAs to use I-A funds to provide preschool services: (1) directly to eligible preschool children in all or part of their school districts; (2) through any school participating in their I-A programs; or (3) through a contract with a local Head Start agency, an eligible entity operating an Even Start program, a State-funded preschool program, or a comparable public early childhood development program. (Sec. 120C) Prohibits LEAs from using I-A funds for specified purposes, including construction of facilities or the acquisition of real property. (Sec. 120D) Sets forth allocation formulas for the following I-A assistance programs: (1) grants for the outlying areas and the Secretary of the Interior; (2) basic grants to LEAs; (3) concentration grants to LEAs; (4) targeted grants to LEAs; and (5) an education finance incentive program. (Sec. 120E) Allows LEAs to use I-A funds for specified types of school year extension activities, upon SEA approval of their applications to do so. (Sec. 120F) Makes allocation of I-A funds contingent on adequate funding of targeted grants to LEAs in fiscal years after FY 2001. Part B: Literacy for Children and Families - Revises title I part B, Literacy for Children and Families, to: (1) reauthorize the William F. Goodling Even Start Family Literacy Program; and (2) establish Reading First and Early Reading First initiative programs. Part C: Education of Migratory Children - Reauthorizes and revises ESEA title I part C, Education of Migratory Children. Part D: Initiatives for Neglected, Delinquent, or At Risk Youth - Sets forth as ESEA title I part D, Initiatives for Neglected, Delinquent, or At Risk Youth (replacing part D, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out). Part E: National Assessment of Title I - Directs the Secretary to conduct a national assessment of the impact of the policies enacted into law under title I of this Act on States, LEAs, schools, and students. Part F: 21st Century Learning Centers; Comprehensive School Reform; School Dropout Prevention - Revises ESEA title I to reauthorize and revise the 21st Century Learning Centers program as part F (21st Century Community Learning Centers Act). Expands eligibility for such program grants to include general purpose units of local government and community-based organizations. Part G: Comprehensive School Reform - Establishes a part G Comprehensive School Reform program of formula grants to States for competitive subgrants to LEA. Part H: School Dropout Prevention - Dropout Prevention Act - Establishes a part H School Dropout Prevention program, including: (1) a Coordinated National Strategy; and (2) a National School Dropout Prevention Initiative. Part G (sic): Education for Homeless Children and Youth - Amends the Stewart B. McKinney Homeless Assistance Act to revise and reauthorize provisions for Education for Homeless Children and Youth. (Sec. 178) Directs the Office of the Inspector General of the Department of Education to conduct at least six audits of representative LEAs that receive I-A funds in each fiscal year to more clearly determine specifically how LEAs are expending such funds, and to report to specified congressional committees. Title II: Teachers - Revises ESEA title II, Teachers (renames this Teachers and Principals, under section 207), to eliminate the current Eisenhower Professional Development and Class-Size Reduction programs. Establishes a part A Teacher Quality (renames this Teacher and Principal Quality, under section 207) formula grant program for State and local educational agencies (SEAs and LEAs) to support various similar activities to improve elementary and secondary school teaching. Sets forth requirements relating to such SEA and LEA activities and performance objectives. Includes among authorized national teacher activities, to be administered by the Secretary of Education (the Secretary), support for: (1) professional development for school leaders; (2) teachers seeking advanced certification through the National Board for Professional Teaching Standards; (3) the Troops-to-Teachers program recruiting military retirees into teaching; and (4) a program supporting transition to teaching by mid-career professionals. (Sec. 201) Establishes a part B Mathematics and Science Partnerships program involving SEAs, higher education mathematics or science departments, and LEAs. Reauthorizes the Eisenhower National Clearinghouse for Math and Science Education. Establishes the Preparing Tomorrow's Teachers to Use Technology grants program. Sets forth a title II part C, State and Local Programs for Technology Use in Classrooms, with formula grants to States to provide competitive grants to LEAs. (Sec. 202) Teacher Mobility Act - Sets forth a title II part D, Portability of Teacher Pensions and Credentials. Establishes a National Panel on Portability of Teacher Pensions and Credentials. (Sec. 203) Revises and reauthorizes the Troops-to-Teachers Program Act of 1999 to provide for support of innovative, pre-retirement teacher certification programs. (Sec. 204) Includes provision of incentives, including bonus payments, to recognized educators who achieve an information technology certification directly related to the curriculum or content area in which they provide instruction, under required activities of regional technical support and professional development consortia. (Sec. 205) Revises and reauthorizes, as a new title II part E Close Up Fellowship Program, provisions of the current title X part G Allen J. Ellender Fellowship Program. Revises and reauthorizes, as a new title II part F National Student/Parent Mock Election, provisions for voter education activities for students and their parents under the current title X part A. Authorizes grants to the National Student/Parent Mock Election, a national nonprofit, nonpartisan organization. (Sec. 206) Rural Technology Education Academies Act - Establishes title II part G, Rural Technology Education Academies. Directs the Secretary to make grants to eligible States for the development and implementation of technology curriculum in rural areas. Sets forth title II part H, Early Childhood Educator Professional Development. Directs the Secretary to award competitive grants to partnerships of: (1) one or more institutions of higher education, or other public or private entities, that provide professional development for early childhood educators who work with children from low-income families in high-need communities; (2) one or more public agencies, Head Start agencies, or private organizations; and (3) to the extent feasible, an entity with demonstrated experience in providing training to educators in early childhood education programs in identifying and preventing behavior problems or working with children identified or suspected to be victims of abuse. (Sec. 207) Renames ESEA title II as Teachers and Principals, and title II part A as Teacher and Principal Quality. Requires establishment of annual measurable performance objectives for LEAs for increasing retention of teachers, principals, and assistant principals in the first three years of their respective careers. Title III: Moving Limited English Proficient Students to English Fluency - Eliminates the current ESEA title III, Technology for Education, but transfers elsewhere in ESEA and reauthorizes some similar current title III programs such Star Schools and the revised Ready to Learn, Ready to Teach educational programming. (Sec. 301) Sets forth as a new title III, Education for Limited English Proficient and Recent Immigrant Pupils (transferring and revising some of current title VII, Bilingual Education, Language Enhancement, and Language Acquisition Programs). Revises and reauthorizes the Bilingual Education Act to: (1) consolidate certain programs; (2) require yearly assessment of English proficiency of students served; (3) eliminate a funding cap for non-bilingual programs under instructional services grants; and (4) set priorities in making grants to certain applicants. Sets forth part A, Bilingual Education, including provisions for: (1) capacity and demonstration grants; (2) research, evaluation, and dissemination; and (3) professional development. Reauthorizes the programs of: (1) part B, Foreign Language Assistance (the Foreign Language Assistance Act of 1994); and (2) part C, Emergency Immigrant Education. Establishes a new part D, State and Local Grants for Language Minority Students. Directs the Secretary to award grants, from specified allotments, to States with approved plans, to help limited English proficient (LEP) students become proficient in English. Title IV: Safe and Drug-free Schools and Communities - Revises ESEA title IV, Safe and Drug Free Schools and Communities, to: (1) authorize assistance for hiring drug prevention and school safety program coordinators in schools; (2) require participating schools to assess drug and violence problems, set measurable goals, use a research-based prevention framework for programs, and conduct evaluations; and (3) include among uses of funds drug testing, locker searches, nationwide background checks of employees, and training in threat and crisis management and identification and response to troubled and violent youth. (Sec. 401) Reauthorizes and revises as part A (State Grants) the current ESEA title IV (the Safe and Drug-Free Schools and Communities Act of 1994), including: (1) State grants for drug and violence prevention programs, including programs for Native Hawaiians; and (2) national programs. Revises requirements for: (1) SEAs, LEAs, and Governors, in developing program applications; (2) school accountability; and (3) national evaluations. Directs the Secretary to establish a National Coordinator Program of grants to LEAs to hire drug prevention and school safety program coordinators. Establishes the Safe and Drug Free Schools and Communities Advisory Committee to review regulations and standards. Revises requirements relating to national programs, including specified Federal activities as well as grants for local hate crime prevention. (Sec. 402) Redesignates Gun Possession as part B of title IV (currently under title XIV part F, known as the Gun-Free Schools Act of 1994). Requires LEA agencies receiving ESEA funds to: (1) expel from school for at least one year any student who brings a weapon to school, allowing for case-by-case modifications; and (2) have a policy requiring each school to refer to the criminal justice or juvenile delinquency system any student who brings a firearm to school. (Sec. 403) Establishes as ESEA title IV part C School Safety and Violence Prevention. Allows Federal funds provided under title IV and certain title V provisions of ESEA to be used for: (1) training school personnel in threat identification, crisis preparedness and intervention, and emergency response; (2) training parents, teachers, school personnel and community members in identifying and responding to early warning signs of troubled and violent youth; (3) establishing innovative research-based delinquency and violence prevention programs, including school anti-violence and mentoring programs; (4) making comprehensive school security assessments; (5) purchasing school security equipment and technologies, including metal detectors, electronic locks, and surveillance cameras; (6) establishing collaborative efforts with community-based organizations, including faith-based organizations, statewide consortia, and law enforcement agencies; (7) assisting States, LEAs, or schools to establish school uniform policies; (8) assisting school resource officers, including community policing officers; and (9) establishing other innovative, local responses. Provides that nothing in the ESEA can be construed to prohibit States, LEAs, or schools from establishing a school uniform policy. Requires States receiving Federal funds under ESEA to establish a procedure for transfer of a student's suspension and expulsion disciplinary records by LEAs to any private or public elementary or secondary school in which a student is or seeks to be enrolled. Makes such requirement inapplicable to such records transferred from nonpublic schools or entities. Amends the National Child Protection Act of 1993 to allow certain funds under such Act to be made available for background checks on individuals who are employed, or seek employment, with schools in any capacity, including as a child care provider, teacher, or another member of school personnel. (Sec. 404) School Safety Enhancement Act of 2001 - Establishes title IV part D, School Safety Enhancement. Directs the Secretary and the Attorney General jointly to: (1) establish a National Center for School and Youth Safety; and (2) appoint a Director to oversee the Center's operation. Allows the Center to be established at an existing facility with a history of performing two or more of the following Center duties, which include specified activities with respect to elementary and secondary school safety: (1) emergency response; (2) anonymous student hotline; (3) consultation; and (4) information and outreach activities. Directs the Secretary, the Attorney General, and the Secretary of Health and Human Services to award competitive grants to help communities develop community-wide safety programs, including certain authorized activities, involving students, parents, educators, guidance counselors, psychologists, law enforcement officials or agencies, civic leaders, and other organizations serving the community. (Sec. 405) Amends the National Child Protection Act of 1993 to include elementary or secondary schools among those qualified entities that a State may designate as required to contact an authorized State agency to request a nationwide criminal background check of certain employees and other child care providers. (Sec. 406) Pro-Children Act of 2001 - Redesignates as ESEA title IV part D Environmental Tobacco Smoke prohibitions current similar requirements for a tobacco smoke-free environment for schools under part C of title X of the Goals 2000: Educate America Act, which is herewith repealed. Reauthorizes prohibitions against smoking within any indoor facility used for routine or regular provision of children's services (up to age 18), including health, day care, early development, education, or library services. Sets forth procedures for civil penalties and administrative compliance orders to be enforced by the Secretary of Health and Human Services. (Sec. 407) Establishes a new ESEA title IV part E, Grants to Reduce Alcohol Abuse. Directs the Secretary to make competitive grants to LEAs for programs to reduce alcohol abuse in secondary schools. Requires the Secretary to reserve portions of part E funds for: (1) the Administrator of the Substance Abuse and Mental Health Services Administrator to provide alcohol abuse resources and start-up assistance to LEAs receiving such grants; and (2) awarding such grants to low-income and rural LEAs. (Sec. 408) Establishes a new ESEA title IV part F, Mentoring Programs. Authorizes the Secretary to make grants to eligible entities to establish and support specified types of mentoring programs and activities. Directs the Comptroller General to study and report on successful school-based mentoring programs, and the elements, policies, or procedures of such programs that can be replicated. Directs the Secretary to make a grant to Big Brothers Big Sisters of America to provide training and technical support to mentoring program grant recipients through the existing system of regional mentoring development centers. (Sec. 409) Sets forth title IV part H (sic), Miscellaneous Provisions. Directs the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, to study and make public the health and learning impacts of dilapidated or environmentally unhealthy public school buildings on children that have attended or are attending such schools. Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program. Authorizes the Secretary to make grants to States to make subgrants to LEAs for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy. (Sec. 410) Amends the Individuals with Disabilities Education Act (IDEA) to establish a new part D chapter 3, Improving Early Intervention, Educational, and Transitional Services and Results for Children with Disabilities Through the Provision of Certain Services. Directs the Secretary to award a grant to the University of Northern Colorado, which is designated as a National Center for Low-Incidence Disabilities, to provide to institutions of higher education across the Nation services offered under its special education teacher training program, such as providing educational materials or other information to aid teacher training to educate children who are challenged with low-incidence disabilities. Title V: Public School Choice and Flexibility - Sets forth as ESEA title V, Public School Choice and Flexibility. (Eliminates current title V, Promoting Equity, current parts B and C provisions for Women's Educational Equity and for Assistance to Address School Dropout Problems.) (Sec. 501) Sets forth part A Public School Choice to: (1) reauthorize provisions for public Charter Schools (current title X, part C) and for Magnet Schools assistance (current title V, part A); and (2) establish a Public School Choice program. Education Flexibility Partnership Act of 2001 - Revises and reauthorizes (under part B Flexibility) provisions for education flexibility partnerships. Rural Education Achievement Program - Revises and reauthorizes (under part B Flexibility) provisions for a Rural Education Initiative, with grants for small rural schools and for low-income and rural schools. Reauthorizes and revises (under part B Flexibility) provisions for: (1) waivers of certain ESEA requirements; and (2) certain Innovative Education Program Strategies (currently under title VI). Establishes a School Construction program, under Chapter 5 of title V part B (Flexibility, V-B). Authorizes LEA use of V-B funds for construction of new public elementary school and secondary school facilities, if an LEA provides matching funds and reduces numbers of students for each of its public elementary and secondary schools to specified maximums depending on grade levels served. Reauthorizes current title XIV part B as part C Flexibility in the Use of Administrative and Other Funds. Reauthorizes current title XIV part C as part D Coordination of Programs; Consolidated State and Local Plans and Applications. Access to High Standards Act - Establishes part E Advanced Placement (AP) Programs of assistance to increase the access of low-income students to AP high school courses and AP tests to earn advanced placement and credits at institutions of higher education. Performance Agreements Act - Establishes a part F, Performance Agreements. Directs the Secretary to select not more than seven SEAs and 25 LEAs that meet certain conditions to enter into five-year performance agreements that allow waivers of certain ESEA requirements, alternative allocation methods for certain I-A funds, and consolidation of non-I-A funds. Provides for a five-year renewal of such an agreement if adequate yearly progress is maintained. (Sec. 502) Empowering Parents Act of 2001 - Enhancing Public Education Through Choice Act - Establishes, as subpart 4 of part A of title V, Voluntary Public School Choice Programs. Directs the Secretary to make competitive grants to SEAs and LEAs, including those serving the lowest performing schools, to enable them to implement programs of universal public school choice. Gives priority to those SEAs and LEAs that: first, serve the lowest performing schools; second, serve the highest percentage of students in poverty; and third, form partnerships for interdistrict approaches to such programs. Charter Schools Equity Act - Directs the Secretary, under chapter I of subpart 1 part A title V, to make competitive matching grants to States for programs of per-pupil payments to public charter schools to help finance school facilities. Establishes, as chapter II of subpart 1 part A title V, a program for credit enhancement initiatives to promote public charter school facility acquisition, construction, and renovation. Directs the Secretary to make at least three program grants, one to each of three types of eligible entities. Title VI: Parental Involvement and Accountability - Sets forth a new ESEA title VI, Parental Involvement and Accountability, with part A Parental Assistance authorizing Parental Information and Resource Centers (currently under the Goals 200: Educate America Act). (Certain current title VI provisions for Innovative Education Program Strategies are transferred to and revised under title V.) (Sec. 601) Sets forth part B, Improving Academic Achievement, which: (1) authorizes various education performance awards for States and schools; and (2) penalizes States that fail to achieve progress in certain educational assessments by reducing administrative funds under ESEA formula grant programs. Student Education Enrichment Demonstration Act - Sets forth part C, Student Education Enrichment. Directs the Secretary to establish a demonstration program of competitive grants to SEAs to make subgrants to LEAs to carry out high quality summer academic enrichment programs as part of statewide education accountability programs. Sets forth part D, Increasing Parental Involvement and Protecting Student Privacy. Requires SEAs and LEAs that receive ESEA funds to: (1) develop policies regarding in-school commercialization activities in consultation with parents; and (2) provide notice to parents regarding such policies and any changes to them, including locally developed exceptions. Prohibits such SEAs and LEAs, unless they have given an explanation and obtained parents' written permission, from: (1) disclosing data or information gathered from a student to persons or entities that seek such disclosure to benefit their commercial interests; or (2) assisting or permitting by contract such persons or entities in gathering such information for such purpose. Allows locally-developed exceptions to such consent requirements. Allows SEAs and LEAs to use certain ESEA funds to enhance parental involvement in areas affecting children's in-school privacy. (Sec. 602) Requires SEAs and LEAs that receive funds under this Act to: (1) develop policies regarding in-school commercialization activities in consultation with parents; and (2) provide notice to parents regarding adoption of such guidelines and any changes to them. Makes such guideline requirements inapplicable to specified types of educational products or services. Directs the Secretary annually to inform each SEA and LEA of its obligations under: (1) certain General Education Act provisions added by the Family Educational Rights and Privacy Act of 1974; and (2) the Children's Online Privacy Protection Act of 1998. Allows SEAs and LEAs to use certain ESEA funds to enhance parental involvement in areas affecting children's in-school privacy. Title VII: Indian, Native Hawaiian, and Alaska Native Education - Reauthorizes and revises title VII Indian, Native Hawaiian, and Alaska Native Education (current title IX). (Sec. 701) Revises and reauthorizes ESEA provisions relating to Indian Education, as part A. Directs the Secretary to limit any reduction of administrative funding for the BIA under certain ESEA title VII provisions to not more than 50 percent of the amount that may be reserved for administration under ESEA. Native Hawaiian Education Act - Revises and reauthorizes the Native Hawaiian Education Act as part B Native Hawaiian Education. Alaska Native Educational Equity Support and Assistance Act - Revises and reauthorizes the Alaska Native Educational Equity Support and Assistance Act (currently under ESEA IX-C) as part C, Alaska Native Education. Title VIII: Impact Aid - Includes as eligible for FY 2002 Impact Aid program payments relating to federally-connected children a qualified applicant LEA that: (1) has the same boundaries as an island property designated by the Secretary of the Interior as held in trust by the Federal Government; (2) has no taxing authority; and (3) received a specified payment for FY 2001. Title IX: Repeals - Repeals the Goals 2000: Educate America Act, and the following ESEA titles: (1) IX, transferred to VII; (2) X, Programs of National Significance, but many of these programs are reauthorized under a new ESEA title XI, as set forth in title XVI of this Act; (3) XI, Coordinated Services; (4) XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation; (5) XIII, Support and Assistance Programs to Improve Education, including comprehensive regional assistance centers, the national diffusion network, Eisenhower regional mathematics and science education consortia, and technology-based technical assistance; and (6) XIV, some general provisions. Title X: Miscellaneous Provisions - Authorizes the Secretary to award a grant to the Board on Testing and Assessment of the National Research Council of the National Academy of Sciences to enable it to conduct an ongoing evaluation (for up to four years) of a representative sample of SEAs and LEAs on the intended and unintended consequences of high stakes assessments on: (1) individual students, teachers, parents, families, schools, and school districts; (2) students with disabilities; and (3) low socio-economic students, limited English proficient students, and minority students. (Sec. 1002) Amends the Individuals with Disabilities Education Act (IDEA) to authorize and make appropriations in specified amounts for FY 2002 through 2011 for IDEA part B programs of assistance for education of all children with disabilities. Sets forth conditions under which LEAs may treat as local funds certain portions of IDEA part B program funds. (Sec. 1003) Expresses the sense of the Senate that Congress should appropriate a specified amount for FY 2002 to carry out part A of title II of ESEA. Extends the authorization of appropriations for ESEA II-A for FY 2003 through 2008 in specified increasing amounts. (Sec. 1004) Expresses the sense of the Senate regarding education opportunity tax relief. (Sec. 1005) Expresses the sense of the Senate regarding tax relief for elementary and secondary educators. (Sec. 1006) Expresses the sense of the Senate that Congress should appropriate a specified amount for FY 2002 to carry out parts A and D of title III of ESEA. Extends the authorization of appropriations for ESEA III-A and III-D for FY 2003 through 2008 in specified increasing amounts. (Sec. 1007) Establishes, a title IX part C Teaching of Traditional American History, a program of competitive grants to LEAs for the teaching of traditional American history as a separate subject. (Sec. 1008) Requires the Secretary and Director of the National Institutes of Health (NIH) to study and report on how exposure to violent entertainment affects children's cognitive development and educational achievement. Amends the National Educational Statistics Act of 1994 to direct the Commissioner of Education Statistics, in carrying out the National Assessment of Educational Progress, to gather data on how much time children spend on various forms of entertainment. (Sec. 1009) Expresses the sense of the Senate regarding transmittal to House of Representatives of S. 27, the Bipartisan Campaign Reform Act of 2001. (Sec. 1010) Expresses the sense of the Senate that Congress should appropriate a specified amount for FY 2002 to carry out part F of title I of ESEA. Extends the authorization of appropriations for ESEA I-F for FY 2003 through 2008 in specified increasing amounts. (Sec. 1011) Excellence in Economic Education Act of 2001 - Establishes, as title IX part D Excellence in Economic Education, a program authorizing the Secretary to award a competitive grant to a national nonprofit educational organization that has as its primary purpose improving student understanding of personal finance and economics through classroom teaching. (Sec. 1012) Loan Forgiveness for Head Start Teachers Act of 2001 - Amends the Higher Education Act of 1965 to extend to Head Start teachers loan forgiveness for certain student loans. (Sec. 1013) Expresses the sense of the Senate regarding the benefits of music and arts education. (Sec. 1014) Expresses the sense of the Senate concerning postal rates for educational materials. (Sec. 1015) Expresses the sense of Congress regarding the study of the Declaration of Independence, the U.S. Constitution, and the Federalist Papers. (Sec. 1016) Directs the Secretary and the Attorney General to provide for a study, and report with recommendations to Congress and State and local governments, with respect to sexual abuse in schools. (Sec. 1017) Expresses the sense of Senate on the percentage of Federal education funding that is spent in the classroom. (Sec. 1018) Expresses the sense of the Senate regarding Bible teaching in public schools. (Sec. 1019) Provides opportunities for seniors and elders in specified programs under various ESEA provisions for: (1) 21st Century Community Learning Centers; (2) Safe and Drug-free Schools and Communities; and (3) Indian, Native Hawaiian, And Alaska Native Education. (Sec. 1020) Revises provisions for Impact Aid payments relating to Federal acquisition of real property. (Sec. 1021) Revises provisions for Impact Aid payments for federally-connected children to small LEAs, and for State consideration of Impact Aid payments in providing State aid to LEAs. Extends the authorization of appropriations for Impact Aid. (Sec. 1022) Expresses the sense of the Senate regarding science education. (Sec. 1023) Revises Impact Aid program provisions for school facility modernization grants. (Sec. 1024) Requires each State to send the Secretary a list of any schools that have denied, or have a policy to deny, access to Armed Forces recruiters to students or student directory information. Directs the Secretary to give priority to such listed schools in making awards of certain ESEA funds to States and schools to educate principals, school administrators, and other educators regarding career opportunities in the Armed Forces, and the access standard required under specified Federal law. (Sec. 1025) Prohibits any Department of Defense funds from being provided to any institution of higher education, including any law school, that has a policy of denying, or which effectively prevents, the Secretary of Defense from obtaining, for military recruiting purposes, entry to campuses or access to students on campuses or student directory information. Exempts institutions with a long-standing policy of pacifism based on historical religious affiliation. (Sec. 1026) Amends the Individuals with Disabilities Education Act (IDEA) to provide an authorization of appropriations for FY 2012 and thereafter to continue funding for part B provisions for education of children with disabilities. (Sec. 1027) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise, and reauthorize appropriations for, school resource officer projects (COPS program). (Sec. 1028) Amends the Economic Espionage Act of 1966 to revise and reauthorize provisions relating to Boys and Girls Clubs of America. (Sec. 1029) Directs the Secretary to study and report to Congress once every four years on whether Federal income tax incentives that provide education assistance affect higher education tuition rates. (Sec. 1030) Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 to: (1) exclude from eligibility for certain grants to tribally controlled postsecondary vocational and technical institutions any such institution receiving Federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act; and (2) include institutional support of vocational and technical education among the expenses eligible to be covered under such grants program. (Sec. 1031) Expresses the sense of Congress on enhancing awareness of the contributions of veterans to the Nation. (Sec. 1032) Amends the Kids 2000 Act to require the Secretary of Education to administer an initiative and certain funds under such Act. (Sec. 1033) School Environment Protection Act of 2001 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require integrated pest management plans and systems for public schools. Title XI: Teacher Protection - Paul D. Coverdell Teacher Protection Act of 2001 - Establishes ESEA title X, Teacher Protection. Preempts State law, except where it provides additional protection of teachers from liability. Makes ESEA title X inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that ESEA title X not apply. Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. Title XII: Native American Education Improvement - Native American Education Improvement Act of 2001 - Subtitle A: Amendments to the Education Amendments of 1978 - Amends the Education Amendments of 1978 to revise provisions for Bureau of Indian Affairs (BIA) programs. Subtitle B: Tribally Controlled Schools Act of 1988 - Amends the Tribally Controlled Schools Act of 1988 to revise and reauthorize grant and school endowment programs. (Sec. 1222) Authorizes the Ojibwa Indian School in Belcourt, North Dakota, to use funds under the Tribally Controlled Schools Act of 1988 to make certain lease payments. (Sec. 1223) Amends the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments Act of 1988 to prohibit the Secretary of the Interior from disqualifying from continued receipt of BIA general assistance payments an otherwise eligible Indian because such individual is enrolled at least half-time and making satisfactory in a study or training program. Title XIII: Equal Access to Public School Facilities - Boy Scouts of America Equal Access Act - Prohibits provision of Department of Education funds to any SEA, LEA, or public school that discriminates, in providing equal access to school premises or facilities, against any group affiliated with the Boy Scouts of America, or any other youth group listed as a patriotic society that prohibits accepting as members or leaders homosexuals or individuals who reject the group's oath of allegiance to God and country. Title XIV: Individuals with Disabilities - Amends the Individuals with Disabilities Education Act to allow State and local educational agencies to establish and implement uniform policies with respect to discipline and order applicable to all children within their jurisdiction to ensure safety and an appropriate educational atmosphere in their schools. Requires a child with a disability who is removed from the regular educational placement to receive a free appropriate public education which may be provided in an alternative educational setting if the behavior that led to the child's removal is a manifestation of the child's disability. (Sec. 1402) Authorizes school personnel to consider all germane factors and modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. (Sec. 1403) Authorizes transfers, at a parent's request, for children with disabilities from public schools to other accredited schools designed to serve such children. Provides for certain payments to such alternative schools. Title XV: Equal Access to Public School Facilities - Equal Access to Public School Facilities Act - Prohibits any SEA, LEA, or public school from denying equal access to school premises or facilities, or a fair opportunity to meet after school in a designated open forum, to any youth group listed as a patriotic society, including the Boy Scouts of America, based on that group's favorable or unfavorable position concerning sexual orientation. Title XVI: Education Programs of National Significance - Sets forth a new ESEA title XI, Education Programs of National Significance, which reauthorizes and revises various ESEA under current title X (X) and other titles, as well as establishing certain new programs. (Sec. 1601) Reauthorizes the following programs under this new title XI: (1) part A, Reading Is Fundamental, Inexpensive Book Distribution Program (current X-E); (2) part B, National Writing Project (current X-K). Ready to Learn, Ready to Teach Act of 2001 - Sets forth a title XI part C, Ready to Learn; Ready to Teach (a partly similar program, Ready-to-Learn Television is currently under III-C). Provides for grants for educational programming and other related activities under: (1) a Ready to Learn program for preschool children and elementary and secondary school students; and (2) a Ready to Teach program to improve teachers skills and knowledge of core curriculum subjects. Education for Democracy Act - Revises and reauthorizes ESEA requirements for civic education (current X-F) as title XI part D, Education for Democracy. Authorizes the Secretary to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs; and (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People... The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central and Eastern European counties, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Jacob K. Javits Gifted and Talented Students Education Act of 2001 - Reauthorizes and revises, as title XI part E, provisions for Gifted and Talented Children (current X-B), including: (1) a national research center and program, including grants to various entities for certain activities to meet educational needs of gifted and talented students; and (2) a program of formula grants to States. Sets forth title XI part F, Local Innovations for Education (Life) Fund. Reauthorizes the Fund for the Improvement of Education (current X-A), as subpart 1, including provisions for promoting scholar-athlete competitions. Star Schools Act - Reauthorizes the Star Schools Program (current III-B), as subpart 2 of part F of title XI. Reauthorizes provisions for Arts in Education (current X-D), as subpart 3 of part F. Sets forth title XI part F subpart 4, School Counseling, to provide for elementary and secondary school counseling demonstration programs. Strong Character for Strong Schools Act - Sets forth title XI part F subpart 5, Partnerships in Character Education. Authorizes the Secretary to make grants to eligible entities in partnerships to design and implement State and local character education programs incorporating the elements of caring, civic virtue and citizenship, justice and fairness, respect, responsibility, and trustworthiness, as well as any other elements deemed appropriate by the members of the eligible entity, and any additional elements defined after consultation with the schools and communities served. Women's Educational Equity Act of 2001 - Sets forth title XI part F subpart 6, Women's Educational Equity Act (current V-B). Physical Education for Progress Act - Reauthorizes the Physical Education for Progress program as title XI part F subpart 7 (current X-L). Sets forth title XI part F subpart 8, Smaller Learning Communities, to establish a program of grants to LEAs for certain activities relating to smaller learning communities. Title XVII: John H. Chafee Environmental Education Act - John H. Chafee Environmental Education Act of 2001 - Amends the National Environmental Education Act to revise, reauthorize, and rename it as the John H. Chafee Environmental Education Act. (Sec. 1702) Revises requirements relating to: (1) the Office of Environmental Education (OEE), within the Environmental Protection Agency (EPA); and (2) environmental education grants. (Sec. 1704) Replaces current OEE-administered environmental internships and fellowships with a John H. Chafee Memorial Fellowship Program, which shall award and administer five annual one-year graduate education fellowships in environmental sciences and public policy. Directs the National Environmental Education Advisory Council to administer the John H. Chafee Fellowship Panel. (Sec. 1705) Revises requirements for national environmental education awards. Retains and revises requirements for: (1) President's Environmental Youth Awards; and (2) environmental education awards for elementary and secondary school teachers and their LEAs. (Eliminates awards named for Theodore Roosevelt, Henry David Thoreau, Rachel Carson, and Gifford Pinchot.) (Sec. 1706) Revises requirements for the National Environmental Education Advisory Council and the Federal Task Force on Environmental Education. (Sec. 1707) Revises and renames the National Environmental Education and Training Foundation as the National Environmental Learning Foundation. (Sec. 1708) Establishes the Theodore Roosevelt Environmental Stewardship Grant Program. Directs OEE to award and administer such competitive, 75-percent-matching grants to consortia of institutions of higher education for collaborative student, campus, and community-based environmental stewardship activities.
No Child Left Behind Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, reauthorize, and consolidate various programs. Title I: Improving the Academic Performance of the Disadvantaged - Revises ESEA title I as Improving the Academic Performance of the Disadvantaged (currently Helping Disadvantaged Children Meet High Standards). Part A: Basic Program - Revises title I part A (I-A) with respect to: (1) yearly testing and assessments of student performance; (2) Adequate Yearly Progress (AYP) standards; (3) identification of schools for improvement and corrective actions; (4) public school choice options immediately after a school fails to meet AYP standards for a school year, or public or private (including religious institution-based) supplementary educational services after a certain period; (5) reporting to parents and the public on school performance and teacher quality; (6) State reservation of funds for school improvement; (7) formulas relating to Basic, Concentration, Targeted, and Education Finance Incentive Grants; and (8) eligibility requirements for schoolwide programs. (Sec. 104) Requires annual academic assessments in reading and mathematics in grades three through eight. Makes States, school districts, and schools accountable for ensuring that their students meet high academic standards. Requires State academic assessments to: (1) test objective knowledge, based on measurable, verifiable, and widely accepted professional testing and assessment standards; and (2) not assess a student's personal opinions, attitudes, or beliefs. Requires distribution to parents and communities of State and LEA report cards on the academic quality of all schools, including the qualifications of teachers and teachers' aides. Requires State report cards to include: (1) information that provides a comparison between the actual achievement levels of specified groups of students to the State's numerical objectives for such groups; and (2) a description of the State's accountability system, including criteria for evaluation of school performance and for determination of school status regarding improvement, corrective action, and reconstitution. (Sec. 105) Allows LEAs to use I-A funds for public school choice programs for I-A eligible children (disadvantaged students). (Sec. 106) Sets forth requirements for academic assessment and school improvement. Requires schools identified for improvement to include in their plans a mentoring program for teachers. Permits disadvantaged students to leave failing title I schools and enroll in other public schools or charter schools immediately after a school fails to meet AYP standards for a school year, and allows such transfer for all students in schools that fail for three consecutive years. Allows disadvantaged students, in schools that fail to meet standards for three consecutive years, to receive supplemental educational services from a provider of choice, including private and religion-based entities. Requires schools that fail for three consecutive years to make plans and carry out one of the following alternative governance arrangements: (1) reopening as a public charter school; (2) replacing the principal and all or most of the school staff that are relevant to the failure to make AYP; (3) entering into a contract with an entity, such as a private management company, to operate the public school; or (4) turning the school's operation over to the State. Requires SEAs to provide annually to the Secretary the name of each school identified for improvement. (Sec. 108) Authorizes grant-receiving States to establish a program of making academic achievement awards to title I schools that are closing the achievement gap. Requires all newly-hired teachers funded by title I to be fully qualified. Increase required qualifications of teachers' aides. Provides greater flexibility to schoolwide programs. Part B: Student Reading Skills Improvement Grants - Revises I-B to: (1) establish programs for Reading First and Early Reading First initiatives, under new subparts 1 and 2; and (2) revise and reauthorize the William F. Goodling Even Start Family Literacy Program and the Inexpensive Book Distribution Program, under subparts 3 and 4. (Sec. 111) Establishes, under I-B-1, the Reading First program to provide: (1) increased funding for improving classroom reading instruction; (2) assistance to States and LEAs to establish scientific research-based reading programs for all children in kindergarten through grade three; and (3) professional development for teachers to identify children at-risk for reading failure and give effective early instruction to overcome specific barriers to reading proficiency. Allocates 80 percent of program funds to States based on poverty rates. Reserves 20 percent of program funds for two-year discretionary performance-based grants to States that reduce the number of children who cannot read. Allows States to use up to15 percent of the funds for professional development. Requires States to distribute at least 80 percent of funds to LEAs on a competitive basis with priority for high poverty areas in which there are a high percentage of students in grades kindergarten through three reading below grade level. Requires funds to be used for diagnostic assessments and instructional materials that include the essential components of reading instruction. Establishes, under I-B-2, the Early Reading First program of competitive grants for supporting enhanced reading readiness for children ages three through five in high poverty areas where there are high numbers of students who are not reading at grade level. Provides for development of verbal skills, phonemic awareness, pre-reading development, and assistance for professional development for teachers in child care centers or Head Start centers in instructional activities that would prepare children for formal reading instruction in kindergarten and grade one. (Sec. 112) Revises and reauthorizes, under I-B-3, the William F. Goodling Even Start Family Literacy Programs. (Sec. 113) Revises and reauthorizes the Inexpensive Book Distribution Program, which is operated under a single, noncompetitive award to Reading is Fundamental, Inc.(RIF), under I-B-4 (currently X-E). Part C: Education of Migratory Children - Revises and reauthorizes I-C provisions for Education of Migratory Children. Revises eligibility requirements for receiving funds, and provides States with increased flexibility in use of funds. Directs the Secretary to assist States in developing effective methods for the transfer of student records and for determining minimum data elements to be transferred. Part D: Neglected or Delinquent Youth - Revises and reauthorizes I-D provisions for Neglected or Delinquent Youth. Requires States to set aside 15 percent (currently ten percent) of subpart 1 funds for transition of youth in State correctional facilities back to their local schools. Requires the subpart 2 program for LEAs to first address the needs of youth returning from local correctional facilities to local schools or programs of alternative education, before serving the needs of other at-risk children. Part E: Federal Evaluations and Demonstrations - Revises and reauthorizes, under I-E, requirements for Federal evaluations and demonstrations, State reporting of dropout rates, and the Ellender-Close Up Fellowship Program. (Sec. 151) Authorizes the Secretary to: (1) conduct evaluations and assessments, data collection, and other activities to support title I programs; (2) provide information for support of title I program activities; and (3) assist States, LEAs, and schools develop management information systems. Continues national assessment of title I and a national longitudinal study of title I schools. (Sec. 152) Authorizes the Secretary to conduct demonstrations of innovative practices. (Sec. 153) Reauthorizes the Ellender-Close Up Fellowship Program, administered by the Close Up Foundation, which provides financial aid to enable low-income students, their teachers, older Americans, recent immigrants, and children of migrant parents to come to Washington, D.C. to study the operations of the three branches of government. Requires SEA recipients of title I funds to report State student dropout rates to the National Center on Educational Statistics. Part F: Comprehensive School Reform - Establishes a I-F program for Comprehensive School Reform. Authorizes the Secretary to award grants to States to make subgrants to LEAs to provide incentives for schools to develop comprehensive reforms so that all children can meet challenging State content and academic achievement standards. Requires such reforms to be based on scientifically-based research and effective practices, and to emphasize basic academics and parental involvement. Part G: Rural Education Flexibility and Assistance - Rural Education Initiative Act - Revises, reauthorizes, and transfers to I-G (Rural Education Flexibility and Assistance) ESEA requirements for a Rural Education Initiative, with State formula grants for: (1) subpart 1 Rural Education Flexibility for small rural schools; and (2) subpart 2 Rural Education Assistance for low-income rural schools. Part H: General Provisions of Title I - Revises and reauthorizes general provisions of title I, including negotiated rulemaking, State rulemaking, a State committee of practitioners to advise the State in carrying out its responsibilities under title I, LEA administrative cost limitations, and rules of construction. Title II: Preparing, Training, and Recruiting Quality Teachers - Revises ESEA title II, as Preparing, Training, and Recruiting Quality Teachers, to replace and consolidate the current Eisenhower Professional Development and Class-Size Reduction programs by establishing a part A teacher quality training and recruiting fund as a State formula grant program, with subgrants to LEAs, to support various similar and additional activities to improve elementary and secondary school teaching. Allows States and LEAs additional flexibility in the use of II-A funds, in exchange for their demonstrating that student achievement is increasing. (Sec. 201) Establishes a Mathematics and Science Partnerships subgrants program involving SEAs, higher education mathematics or science departments, and LEAs. Revises and reauthorizes requirements for the following programs for Mid-Career Transitions to Teaching: (1) the Troops-to-Teachers program for recruiting military retirees into teaching and for innovative preretirement teacher certification programs for members of the Armed Forces; and (2) the Transition to Teaching program for professionals seeking to change careers. Eliminates an authorization for the Eisenhower National Clearinghouse for Math and Science Education. (Sec. 202) Revises and reauthorizes the National Writing Project under II-B (currently under ESEA title X part K). Provides for continuation of awards. (Sec. 203) Education for Democracy Act - Revises and reauthorizes Civic Education programs under II-C (currently under ESEA title X, part F). Authorizes the Secretary to make grants to or contracts with: (1) the Center for Civic Education to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange (CEE) programs; and (2) the National Council on Economic Education to carry out economic education activities under CEE programs. Makes eligible for CEE programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union, the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country with a democratic form of government. Paul Coverdell Teacher Liability Protection Act of 2001 - Sets forth ESEA title II part D, Teacher Liability Protection. Preempts State law, except where it provides additional protection of teachers from liability. Makes such provisions inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that such provisions not apply. Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. Title III: Education of Limited English Proficient and Immigrant Children; Indian and Alaska Native Education - Revises ESEA title III as Education of Limited English Proficient and Immigrant Children; Indian and Alaska Native Education (consolidating current title VII and title IX parts A and C). (Current title III Technology for Education programs are eliminated, but some similar activities are consolidated under the new title V part B.) Part A: Education of Limited English Proficient and Immigrant Children - English Language Proficiency and Academic Achievement Act - Sets forth a title III part A (III-A) Education of Limited English Proficient and Immigrant Children. Replaces (consolidates) Bilingual Education Act programs, Foreign Language Assistance Program, and Emergency Immigrant Education Program with a program of formula grants to States for education of limited English proficient (LEP) and immigrant children. Requires 95 percent of III-A funds to be used at the local level. Reduces administrative funds up to 20 percent for States that fail to have the majority of their LEP children becoming English language proficient. (Sec. 301) Requires students who have been in U.S. schools for at least three years to be tested for reading in English. Requires LEAs to obtain informed parental consent prior to placing children in an instructional program that is not taught primarily in English. Allows parents to: (1) choose among instructional programs if more than one type of program is offered; and (2) immediately remove their child from a program for LEP children. Sets forth certain language program exceptions for programs that serve Native American and Native Pacific Island children and children in the Commonwealth of Puerto Rico. (Sec. 302) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of Educational Services for Limited English Proficient Children. Part B: Indian and Alaska Native Education - Reauthorizes and revises ESEA requirements for Indian and Alaska Native Education (currently under ESEA title IX parts A and C, but eliminates current title IX part B provisions for education of Native Hawaiians), under this new III-B. (Sec. 311) Sets forth revised requirements relating to Indian Education. (Sec. 312) Alaska Native Educational Equity Support and Assistance Act - Revises the Alaska Native Educational Equity Support and Assistance Act (currently under ESEA IX-C). (Sec. 313) Amends the Education Amendments of 1978 to revise provisions for Bureau of Indian Affairs (BIA) programs. (Sec. 314) Amends the Tribally Controlled Schools Act of 1988 to revise and reauthorize grant and school endowment programs. (Sec. 315) Directs the Secretary to limit any reduction of administrative funding for the BIA under certain ESEA title VII provisions to not more than 50 percent of the amount that may be reserved for administration under ESEA. Title IV: Promoting Informed Parental Choice and Innovative Programs - Revises ESEA title IV as Promoting Informed Parental Choice and Innovative Programs. (Transfers parts of the current title IV to title V.) Part A: Innovative Programs - Revises and reauthorizes as IV-A Innovative Programs: (1) subpart 1 State and Local Innovative Programs (currently under title VI Innovative Education Program Strategies); (2) subpart 2 Arts Education programs; and (3) subpart 3 Gifted and Talented Children. (Sec. 401) Revises formulas relating to distribution of innovative program funds to LEAs (under IV-A-1). Includes among authorized State uses of program funds support for arrangements that provide for independent analysis to measure and report on school district achievement. Adds to authorized local uses of program funds activities involving: (1) professional development and hiring of teachers; (2) promotion of consumer, economic, and personal finance education; (3) expanding and improving school-based mental health services; (4) community service programs using qualified school personnel to train youths to strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage; (5) improvement of civics and government education; (6) alternative educational programs for students who have been expelled or suspended; (7) hiring and support of school nurses; (8) prekindergarten programs for children ages three through five; (9) academic intervention programs to support academic enrichment and counseling for at-risk students during the school day, operated jointed with community-based organizations; (10) programs for cardiopulmonary resuscitation (CPR) training in schools; and programs to establish smaller learning communities. Reauthorizes other innovative activities, including those to promote, implement, or expand public school choice. Revises Arts Education programs (as IV-A-2; currently under title X, part D) to provide for: (1) increased participation of local organizations; (2) collaborative efforts by arts educators and State and local arts agencies; and (3) consultation about grant awards by the Secretary with arts educators and organizations. Reauthorizes arts and education programs that ensure participation in mainstream settings for individuals with disabilities through the Kennedy Center, Very Special Arts (VSA), and other arrangements. Requires Federal arts education funds to be used only to supplement and not supplant non-federal arts activities. Eliminates the Cultural Partnerships for At-Risk Children and Youth program. Jacob K. Javits Gifted and Talented Students Education Act of 2001 - Reauthorizes and revises Gifted and Talented Children programs (as IV-A-3; currently under title X, part B). Part B: Public Charter Schools - Revises and reauthorizes IV-B Public Charter Schools (currently under title X part C). Part C: Magnet Schools Assistance; Women's Educational Equity - Sets forth IV-C requirements for Magnet Schools Assistance and for Women's Educational Equity. (Sec. 421) Reauthorizes the Magnet Schools Assistance program (under IV-C-1; currently under V-A). (Sec. 422) Women's Educational Equity Act of 2001 - Reauthorizes the Women's Educational Equity program (under IV-C-2; currently under V-B). (Sec. 423) Provides for continuation of awards under the current Magnet Schools Assistance program. Title V: 21st Century Schools - 21st Century Schools Act of 2001 - Revises ESEA title V. Sets forth part A, Supporting Violence and Drug Prevention and Academic Enrichment. Revises and reauthorizes requirements currently under: (1) the Safe and Drug-Free Schools and Communities Act of 1994; (2) the 21st Century Community Learning Centers Program; and (3) the Gun Free Schools Act. (Sec. 501) Sets forth, under V-A-1, Safe Schools, provisions which reauthorize and revise programs of drug and violence prevention in elementary and secondary schools (currently under IV, the Safe and Drug-Free Schools and Communities Act of 1994). Revises certain fund allocation formulas to give priority to schools with high proportions of low-income students. Requires drug and violence prevention programs to be consistent with certain principles of effectiveness. Requires States to establish policies allowing transfer to a safe public school within their LEA to students who attend persistently dangerous schools or who are victims of violent crimes in school or on school grounds. Allows States to carry out programs through grants and contracts with charitable, religious, and other private organizations, in addition to LEAs. Provides that certain limitations on LEA program expenditures under V-A-1 do not apply to the hiring and training of school resource officers. Sets forth, under V-A-2, 21st Century Schools, provisions which reauthorize and revise before-and-after-school programs for youth (currently under X-I, the 21st Century Community Learning Centers Act). Allots funds through a formula to the States based on school-age population and on title I participation. Requires States to use such funds to provide competitive grants to LEAs, community-based organizations, and other private and public organizations to administer such programs. Requires States, if they opt to require local matching funds for such grants, to allow in-kind contributions. Sets forth, under V-A-3, National Activities, provisions for Federal activities, including evaluation, demonstration, information, and technical assistance with respect to V-A drug and violence prevention and before-and-after-school programs. Sets forth, under V-A-4, Gun Possession, certain gun-free school requirements (currently under IX-F, the Gun-Free Schools Act). Requires each State receiving funds under ESEA to require each LEA to have in effect a policy authorizing school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, any child with a disability who commits specified school-related weapon, drug, or aggravated assault or battery offenses. Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. Allows the LEA responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child, but specifies that an LEA that so chooses to continue to provide services: (1) is not required by Federal law to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services. Enhancing Education Through Technology Act of 2001 - Sets forth title V part B, Enhancing Education Through Technology which revises and reauthorizes some programs currently under III, Education for Technology. Consolidates such program activities for telecommunications and technology access into a formula grant program for State and local technology for success programs under V-B-1. Allows local applications to include descriptions of how release time for technology training may be provided to teachers (including the use of substitute teachers). Includes among authorized State and local activities use of the Internet for student, teacher, and parent communication and learning. Authorizes certain national technology initiatives under V-B-2. Sets forth, under V-B-3, Ready to Learn, Ready to Teach, provisions which revise and reauthorize programs currently under III-C Ready-to-Learn Television. Sets forth title V part C, Character Education programs, to revise, reauthorize, and expand a pilot project currently under X-A. Eliminates current V-C provisions for Assistance to Address School Dropout Problems. Sets forth title V part D, Elementary and Secondary School Counseling Programs, to reauthorize and expand the elementary school counseling demonstration program to include secondary schools. Establishes Mentoring Programs, under title V part E. Authorizes competitive grants to eligible entities for mentoring programs and activities that are designed to link children with greatest need with responsible adults and to achieve specified goals. Title VI: Impact Aid Program - Revises and reauthorizes the Impact Aid Program as ESEA title VI (currently title VIII). (Sec. 601) Revises a hold-harmless formula for distributing impact aid payments for Federal acquisition of real property for fiscal years in which insufficient funds are appropriated. (Sec. 602) Revises a formula for calculation of impact aid payments for small local educational agencies. (Sec. 603) Revises impact aid provisions for certain heavily impacted LEAs. (Sec. 604) Revises impact aid requirements for construction through school facility emergency and modernization grants. (Sec. 605) Revises requirements relating to State consideration of impact aid payments in providing State aid. (Sec. 606) Extends the authorization of appropriations for impact aid. (Sec. 607) Redesignates the Impact Aid Program as ESEA title VI (currently title VIII). Repeals the current ESEA title VI, Innovative Education Program Strategies (revised requirements for Innovative Programs are set forth under title IV part A). (Sec. 608) Expresses the sense of Congress with respect to full funding of the impact aid program. Title VII: Accountability - Revises ESEA title VII as Flexibility and Accountability. (Sec. 701) Sets forth VII-A, State Accountability for Improving Academic Achievement. Authorizes various education performance awards (Achievement in Education Awards) for States and schools. Penalizes States that fail to achieve progress in certain educational assessments by reducing administrative funds under ESEA formula grant programs. Directs the Secretary to make: (1) awards to States for costs of developing certain additional required assessments and standards, administration of assessments, and other accountability activities; and (2) bonus payments for development of such assessments ahead of deadline. State and Local Transferability Act - Sets forth VII-B, Transferability of Funds. Authorizes State and LEA transfers of funds: (1) among specified ESEA formula grant programs; and (2) from such programs to their allocations for ESEA title I but does not allow transfer of title I funds to other programs. Local Flexibility Demonstration Act - Directs the Secretary to enter into performance agreements with up to 100 LEAs (up to two per State for the first three years of the program) that: (1) meet their State's definition of annual yearly progress (AYP); (2) submit approvable proposals, developed with the involvement of educators and parents, to combine and use certain ESEA funds; and (3) are selected so as to ensure equitable distribution among LEAs serving urban and rural areas. Allows such LEAs to consolidate funds from the following ESEA programs: (1) title II; (2) part A of title IV; (3) subpart 1 of part A of title V; and (4) part B of title V. Allows LEAs to use such funds for any educational purpose permitted under ESEA, but requires a plan describing how such use will: (1) advance State and LEA educational priorities; (2) meet the general purposes of the included programs; (3) improve student achievement; and (4) narrow achievement gaps. Provides for five-year terms for such performance agreements, and allows renewal for an additional five-year term if the LEA and State have met the achievement goals set in the agreement. Directs the Secretary to make annual LEA reports available to specified congressional committees. Title VIII: General Provisions - Revises ESEA General Provisions under title VIII (currently title IX), including definitions, flexibility in the use of administrative and other funds, coordination of programs, consolidated plans and applications, waivers, uniform provisions, and evaluations. (Sec. 801) Sets forth additional uniform provisions. Provides that nothing in ESEA shall be construed to affect: (1) home schools, whether or not it is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced in ESEA; or (2) any private school that does not receive funds or services under ESEA, nor shall any student who attends such a school be required to participate in any assessment referenced in ESEA. Requires specified privacy protections for any results from individual assessments referenced in ESEA which become part of the education records of a student. Requires LEAs, as a condition of receiving ESEA funds, to certify that they have no policy that prevents or otherwise denies participation in constitutionally-protected prayer in public schools. Prohibits use of ESEA funds for programs of: (1) sex education or HIV prevention education in schools unless such programs are age appropriate and emphasize (currently, include) the health benefits of abstinence; and (2) contraceptive (currently, condom) distribution at schools. Prohibits Federal officers and employees from mandating, directing, or controlling a State, LEA, or school's curriculum, program of instruction, or allocation of State or local resources, or mandating a State or local government to spend any funds or incur any costs not paid for under ESEA. Provides that nothing in ESEA shall be construed to mandate, for a State, LEA, or school: (1) equalized spending per pupil; or (2) national school building standards. Directs the Secretary to: (1) provide for a study of the effects of testing in elementary and secondary schools; and (2) report on such study to specified congressional committees. Declares that Congress, after receipt of such report, may consider whether it is appropriate to enact legislation to mitigate any negative effects on students in elementary and secondary schools caused by testing. Prohibits the Department of Education from using funds provided to it, or to any applicable program, to endorse, approve, or sanction any curriculum designed to be used in an elementary or secondary school. Provides that nothing in ESEA shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies or in data collection efforts under ESEA. Prohibits: (1) use of Federal funds or sanctions for mandatory national certification of teachers and paraprofessionals; and (2) use of ESEA funds for federally-sponsored national testing, unless specifically authorized by law. Requires any secondary school that receives ESEA funds to permit regular U.S. Armed Services recruitment activities on school grounds, in a manner reasonably accessible to all its students. Directs the Secretary to promote education savings accounts in States that have qualified State tuition programs. Sets forth the sense of the Congress regarding: (1) paperwork reduction; (2) allowance of religious services and monuments as part of memorials for individuals slain on public school grounds; (3) direct spending of at least 95 percent of ESEA funds to improve academic achievement in classrooms; and (4) Buy American requirements. (Sec. 802) Redesignates, as title VIII parts: (1) H, Comprehensive Regional Assistance Centers (current XIII-A); (2) I, National Diffusion Network (current XIII-B); (3) J, Eisenhower Regional Mathematics and Science Education Consortia (current XIII-C); (4) K, Technology-Based Technical Assistance (current XIII-D); and (5) L, Regional Technical Support and Professional Development (current III-A-3). Title IX: Miscellaneous Provisions - Part A: Amendments to Other Acts - Subpart 1: National Education Statistics Act - Amends the National Education Statistics Act of 1994 with respect to State assessments. Provides that, for purposes of title VII accountability, States are not required to share costs of the National Assessment of Educational Progress (NAEP). Authorizes annual State NAEP assessments in reading and mathematics in the fourth and eighth grades. Subpart 2: Homeless Education - McKinney-Vento Homeless Education Assistance Improvement Act of 2001 - Amends the McKinney-Vento Homeless Assistance Act to revise and reauthorize requirements for education for homeless children and youth. Requires schools to: (1) immediately enroll homeless children and youth; and (2) keep children in their school of origin whenever possible and appropriate. Requires public notice of the educational rights of homeless children and youth to be disseminated in school districts. Prohibits States receiving such program funds from segregating a homeless child, either in a separate school or in a separate program within a school, based on that student's status as homeless. Allows States flexibility in use of program funds for Statewide support and technical assistance activities. Increases the amount of program funds available to small States. Subpart 3: General Education Provisions - Amends the General Education Provisions Act to require educational agencies or institutions, as a condition for receiving funds for applicable programs, to: (1) neither deny nor prevent the exercise of parental rights to review and inspect instructional materials used in their children's educational curricula; and (2) obtain parental consent before seeking specified types of information from, or performing non-emergency medical testing, treatment, or immunization of, minors. Part B: Equal Access to Public School Facilities - Boy Scouts of America Equal Access Act - Prohibits provision of Department of Education funds to any public elementary or secondary school (or its LEA or SEA), if it discriminates, in providing equal access to school premises or facilities, against the Boy Scouts of America or any other youth group on the basis that such group prohibits acceptance, as group members or leaders, of homosexuals or individuals who reject the group's oath of allegiance to God and country. Part C: Repeals - Repeals provisions under the Goals 2000: Educate America Act for: (1) the National Education Goals Panel and the National Education Standards and Improvement Council; and (2) an International Education Program. Repeals the Troops-to-Teachers Program Act of 1999. Repeals the following ESEA provisions: (1) part B of title IX, education of Native Hawaiians (but reauthorizes, elsewhere in ESEA, current title IX provisions for Indian Education and Alaska Native Education); (2) various title X Programs of National Significance, including the Fund for the Improvement of Education, the Urban Education Assistance program, and the Physical Education for Progress program (but reauthorizes, elsewhere in ESEA, current title X programs for gifted and talented children, arts in education, inexpensive book distribution, civic education, Ellender fellowships, rural education assistance, and the national writing project); (3) title XI, Coordinated Services; and (4) title XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation.
No Child Left Behind Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, reauthorize, and consolidate various programs. Title I: Improving the Academic Performance of the Disadvantaged - Revises ESEA title I as Improving the Academic Performance of the Disadvantaged (currently Helping Disadvantaged Children Meet High Standards). Part A: Basic Program - Revises title I part A (I-A) with respect to: (1) yearly testing and assessments of student performance; (2) Adequate Yearly Progress (AYP) standards; (3) identification of schools for improvement and corrective actions; (4) public school choice options immediately after a school fails to meet AYP standards for a school year, or public or private (including religious institution-based) supplemental education services; (5) reporting to parents and the public on school performance and teacher quality; (6) State reservation of funds for school improvement; (7) formulas relating to Basic, Concentration, Targeted, and Education Finance Incentive Grants; and (8) eligibility requirements for schoolwide programs. (Sec. 104) Requires annual academic assessments in reading and mathematics in grades three through eight. Makes States, school districts, and schools accountable for ensuring that their students meet high academic standards. Requires distribution to parents and communities of report cards on the academic quality of all schools, including the qualifications of teachers and teachers' aides. (Sec. 106) Permits students to leave failing title I schools and enroll in other public schools or charter schools immediately after a school fails to meet AYP standards for a school year. Allows disadvantaged students, in schools that fail to meet standards for three consecutive years, to receive supplemental educational services from a provider of choice, including private and religion-based entities. (Sec. 108) Authorizes grant-receiving States to establish a program of making academic achievement awards to title I schools that are closing the achievement gap. Requires all newly-hired teachers funded by title I to be fully qualified. Increase required qualifications of teachers' aides. Provides greater flexibility to schoolwide programs. Part B: Student Reading Skills Improvement Grants - Revises I-B to: (1) establish programs for Reading First and Early Reading First initiatives, under new subparts 1 and 2; and (2) revise and reauthorize the William F. Goodling Even Start Family Literacy Program and the Inexpensive Book Distribution Program, under subparts 3 and 4. (Sec. 111) Establishes, under I-B-1, the Reading First program to provide: (1) increased funding for improving classroom reading instruction; (2) assistance to States and LEAs to establish scientific research-based reading programs for all children in kindergarten through grade three; and (3) professional development for teachers to identify children at-risk for reading failure and give effective early instruction to overcome specific barriers to reading proficiency. Allocates 80 percent of program funds to States based on poverty rates. Reserves 20 percent of program funds for two-year discretionary performance-based grants to States that reduce the number of children who cannot read. Allows States to use up to15 percent of the funds for professional development. Requires States to distribute at least 80 percent of funds to LEAs on a competitive basis with priority for high poverty areas in which there are a high percentage of students in grades kindergarten through three reading below grade level. Requires funds to be used for diagnostic assessments and instructional materials that include the essential components of reading instruction. Establishes, under I-B-2, the Early Reading First program of competitive grants for supporting enhanced reading readiness for children ages three through five in high poverty areas where there are high numbers of students who are not reading at grade level. Provides for development of verbal skills, phonemic awareness, pre-reading development, and assistance for professional development for teachers in child care centers or Head Start centers in instructional activities that would prepare children for formal reading instruction in kindergarten and grade one. (Sec. 112) Revises and reauthorizes, under I-B-3, the William F. Goodling Even Start Family Literacy Programs. (Sec. 113) Revises and reauthorizes the Inexpensive Book Distribution Program, which is operated under a single, noncompetitive award to Reading is Fundamental, Inc.(RIF), under I-B-4 (currently X-E). Part C: Education of Migratory Children - Revises and reauthorizes I-C provisions for Education of Migratory Children. Revises eligibility requirements for receiving funds, and provides States with increased flexibility in use of funds. Directs the Secretary to assist States in developing effective methods for the transfer of student records and for determining minimum data elements to be transferred. Part D: Neglected or Delinquent Youth - Revises and reauthorizes I-D provisions for Neglected or Delinquent Youth. Requires States to set aside 15 percent (currently ten percent) of subpart 1 funds for transition of youth in State correctional facilities back to their local schools. Requires the subpart 2 program for LEAs to first address the needs of youth returning from local correctional facilities to local schools or programs of alternative education, before serving the needs of other at-risk children. Part E: Federal Evaluations and Demonstrations - Revises and reauthorizes, under I-E, requirements for Federal evaluations and demonstrations, State reporting of dropout rates, and the Ellender-Close Up Fellowship Program. (Sec. 151) Authorizes the Secretary to: (1) conduct evaluations and assessments, data collection, and other activities to support title I programs; (2) provide information for support of title I program activities; and (3) assist States, LEAs, and schools develop management information systems. Continues national assessment of title I and a national longitudinal study of title I schools. (Sec. 152) Authorizes the Secretary to conduct demonstrations of innovative practices. (Sec. 153) Reauthorizes the Ellender-Close Up Fellowship Program, administered by the Close Up Foundation, which provides financial aid to enable low-income students, their teachers, older Americans, recent immigrants, and children of migrant parents to come to Washington, D.C. to study the operations of the three branches of government. Requires SEA recipients of title I funds to report State student dropout rates to the National Center on Educational Statistics. Part F: Comprehensive School Reform - Establishes a I-F program for Comprehensive School Reform. Authorizes the Secretary to award grants to States to make subgrants to LEAs to provide incentives for schools to develop comprehensive reforms so that all children can meet challenging State content and academic achievement standards. Requires such reforms to be based on scientifically-based research and effective practices, and to emphasize basic academics and parental involvement. Part G: Rural Education Flexibility and Assistance - Rural Education Initiative Act - Revises, reauthorizes, and transfers to I-G (Rural Education Flexibility and Assistance) ESEA requirements for a Rural Education Initiative, with State formula grants for: (1) subpart 1 Rural Education Flexibility for small rural schools; and (2) subpart 2 Rural Education Assistance for low-income rural schools. Part H: General Provisions of Title I - Revises and reauthorizes general provisions of title I, including negotiated rulemaking, State rulemaking, a State committee of practitioners to advise the State in carrying out its responsibilities under title I, LEA administrative cost limitations, and rules of construction. Title II: Preparing, Training, and Recruiting Quality Teachers - Revises ESEA title II, as Preparing, Training, and Recruiting Quality Teachers, to replace and consolidate the current Eisenhower Professional Development and Class-Size Reduction programs by establishing a part A teacher quality training and recruiting fund as a State formula grant program, with subgrants to LEAs, to support various similar and additional activities to improve elementary and secondary school teaching. Allows States and LEAs additional flexibility in the use of II-A funds, in exchange for their demonstrating that student achievement is increasing. (Sec. 201) Establishes a Mathematics and Science Partnerships subgrants program involving SEAs, higher education mathematics or science departments, and LEAs. Revises and reauthorizes requirements for the following programs for Mid-Career Transitions to Teaching: (1) the Troops-to-Teachers program for recruiting military retirees into teaching and for innovative preretirement teacher certification programs for members of the Armed Forces; and (2) the Transition to Teaching program for professionals seeking to change careers. Eliminates an authorization for the Eisenhower National Clearinghouse for Math and Science Education. (Sec. 202) Revises and reauthorizes the National Writing Project under II-B (currently under ESEA title X part K). Provides for continuation of awards. (Sec. 203) Education for Democracy Act - Revises and reauthorizes Civic Education programs under II-C (currently under ESEA title X, part F). Authorizes the Secretary to make grants to or contracts with: (1) the Center for Civic Education to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange (CEE) programs; and (2) the National Council on Economic Education to carry out economic education activities under CEE programs. Makes eligible for CEE programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union, the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country with a democratic form of government. Sets forth title II part D, Teacher Liability Protection, to provide civil litigation immunity to teachers, principals, local school board members, superintendents, and other education professionals, when they are sued in their individual capacity under a Federal cause of action for monetary damages. Covers reasonable actions that such individuals take to maintain order and discipline in carrying out their official duties, but does not extend to reckless or criminal misconduct or to actions prohibited under State or local law. Title III: Education of Limited English Proficient and Immigrant Children; Indian and Alaska Native Education - Revises ESEA title III as Education of Limited English Proficient and Immigrant Children; Indian and Alaska Native Education (consolidating current title VII and title IX parts A and C). (Current title III Technology for Education programs are eliminated, but some similar activities are consolidated under the new title V part B.) Part A: Education of Limited English Proficient and Immigrant Children - English Language Proficiency and Academic Achievement Act - Sets forth a title III part A (III-A) Education of Limited English Proficient and Immigrant Children. Replaces (consolidates) Bilingual Education Act programs, Foreign Language Assistance Program, and Emergency Immigrant Education Program with a program of formula grants to States for education of limited English proficient (LEP) and immigrant children. Requires 95 percent of III-A funds to be used at the local level. Reduces administrative funds up to 20 percent for States that fail to have the majority of their LEP children becoming English language proficient. (Sec. 301) Requires students who have been in U.S. schools for at least three years to be tested for reading in English. Requires LEAs to obtain informed parental consent prior to placing children in an instructional program that is not taught primarily in English. Allows parents to: (1) choose among instructional programs if more than one type of program is offered; and (2) immediately remove their child from a program for LEP children. Sets forth certain language program exceptions for programs that serve Native American and Native Pacific Island children and children in the Commonwealth of Puerto Rico. (Sec. 302) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of Educational Services for Limited English Proficient Children. Part B: Indian and Alaska Native Education - Reauthorizes and revises ESEA requirements for Indian and Alaska Native Education (currently under ESEA title IX parts A and C, but eliminates current title IX part B provisions for education of Native Hawaiians), under this new III-B. (Sec. 311) Sets forth revised requirements relating to Indian Education. (Sec. 312) Alaska Native Educational Equity Support and Assistance Act - Revises the Alaska Native Educational Equity Support and Assistance Act (currently under ESEA IX-C). (Sec. 313) Amends the Education Amendments of 1978 to revise provisions for Bureau of Indian Affairs programs. (Sec. 314) Amends the Tribally Controlled Schools Act of 1988 to revise and reauthorize grant and school endowment programs. Title IV: Promoting Informed Parental Choice and Innovative Programs - Revises ESEA title IV as Promoting Informed Parental Choice and Innovative Programs. (Transfers parts of the current title IV to title V.) Part A: Innovative Programs - Revises and reauthorizes as IV-A Innovative Programs: (1) subpart 1 State and Local Innovative Programs (currently under title VI Innovative Education Program Strategies); (2) subpart 2 Arts Education programs; and (3) subpart 3 Gifted and Talented Children. (Sec. 401) Revises formulas relating to distribution of innovative program funds to LEAs (under IV-A-1). Includes among authorized State uses of program funds support for arrangements that provide for independent analysis to measure and report on school district achievement. Adds to authorized local uses of program funds activities involving: (1) professional development and hiring of teachers; (2) promotion of consumer, economic, and personal finance education; (3) expanding and improving school-based mental health services; (4) community service programs using qualified school personnel to train youths to strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage; (5) improving civics and government education; (6) alternative educational programs for students who have been expelled or suspended; and (7) hiring and supporting school nurses. Reauthorizes other innovative activities, including those to promote, implement, or expand public school choice. Revises Arts Education programs (as IV-A-2; currently under title X, part D) to provide for: (1) increased participation of local organizations; (2) collaborative efforts by arts educators and State and local arts agencies; and (3) consultation about grant awards by the Secretary with arts educators and organizations. Reauthorizes arts and education programs that ensure participation in mainstream settings for individuals with disabilities through the Kennedy Center, Very Special Arts (VSA), and other arrangements. Requires Federal arts education funds to be used only to supplement and not supplant non-federal arts activities. Eliminates the Cultural Partnerships for At-Risk Children and Youth program. Jacob K. Javits Gifted and Talented Students Education Act of 2001 - Reauthorizes and revises Gifted and Talented Children programs (as IV-A-3; currently under title X, part B). Part B: Public Charter Schools - Revises and reauthorizes IV-B Public Charter Schools (currently under title X part C). Part C: Magnet Schools Assistance; Women's Educational Equity - Sets forth IV-C requirements for Magnet Schools Assistance and for Women's Educational Equity. (Sec. 421) Reauthorizes the Magnet Schools Assistance program (under IV-C-1; currently under V-A). (Sec. 422) Women's Educational Equity Act of 2001 - Reauthorizes the Women's Educational Equity program (under IV-C-2; currently under V-B). (Sec. 423) Provides for continuation of awards under the current Magnet Schools Assistance program. Title V: 21st Century Schools - 21st Century Schools Act of 2001 - Revises ESEA title V. Sets forth part A, Supporting Violence and Drug Prevention and Academic Enrichment. Revises and reauthorizes requirements currently under: (1) the Safe and Drug-Free Schools and Communities Act of 1994; (2) the 21st Century Community Learning Centers Program; and (3) the Gun Free Schools Act. (Sec. 501) Sets forth, under V-A-1, Safe Schools, provisions which reauthorize and revise programs of drug and violence prevention in elementary and secondary schools (currently under IV, the Safe and Drug-Free Schools and Communities Act of 1994). Revises certain fund allocation formulas to give priority to schools with high proportions of low-income students. Requires drug and violence prevention programs to be consistent with certain principles of effectiveness. Requires States to establish policies allowing transfer to a safe public school within their LEA to students who attend persistently dangerous schools or who are victims of violent crimes in school or on school grounds. Allows States to carry out programs through grants and contracts with charitable, religious, and other private organizations, in addition to LEAs. Sets forth, under V-A-2, 21st Century Schools, provisions which reauthorize and revise before-and-after-school programs for youth (currently under X-I, the 21st Century Community Learning Centers Act). Allots funds through a formula to the States based on school-age population and on title I participation. Requires States to use such funds to provide competitive grants to LEAs, community-based organizations, and other private and public organizations to administer such programs. Sets forth, under V-A-3, National Activities, provisions for Federal activities, including evaluation, demonstration, information, and technical assistance with respect to V-A drug and violence prevention and before-and-after-school programs. Sets forth, under V-A-4, Gun Possession, certain gun-free school requirements (currently under IX-F, the Gun-Free Schools Act). Enhancing Education Through Technology Act of 2001 - Sets forth title V part B, Enhancing Education Through Technology which revises and reauthorizes some programs currently under III, Education for Technology. Consolidates such program activities for telecommunications and technology access into a formula grant program for State and local technology for success programs under V-B-1. Includes among authorized State and local activities use of the Internet for student, teacher, and parent communication and learning. Authorizes certain national technology initiatives under V-B-2. Sets forth, under V-B-3, Ready to Learn, Ready to Teach, provisions which revise and reauthorize programs currently under III-C Ready-to-Learn Television. Sets forth title V part C, Character Education programs, to revise, reauthorize, and expand a pilot project currently under X-A. Eliminates current V-C provisions for Assistance to Address School Dropout Problems. Sets forth title V part D, Elementary and Secondary School Counseling Programs, to reauthorize and expand the elementary school counseling demonstration program to include secondary schools. Establishes Mentoring Programs, under title V part E. Authorizes competitive grants to eligible entities for mentoring programs and activities that are designed to link children with greatest need with responsible adults and to achieve specified goals. Title VI: Impact Aid Program - Revises and reauthorizes the Impact Aid Program as ESEA title VI (currently title VIII). (Sec. 601) Revises a hold-harmless formula for distributing impact aid payments for Federal acquisition of real property for fiscal years in which insufficient funds are appropriated. (Sec. 602) Revises a formula for calculation of impact aid payments for small local educational agencies. (Sec. 603) Revises impact aid requirements for construction through school facility emergency and modernization grants. (Sec. 604) Revises requirements relating to State consideration of impact aid payments in providing State aid. (Sec. 605) Extends the authorization of appropriations for impact aid. (Sec. 606) Redesignates the Impact Aid Program as ESEA title VI (currently title VIII). Repeals the current ESEA title VI, Innovative Education Program Strategies (revised requirements for Innovative Programs are set forth under title IV part A). Title VII: Accountability - Revises ESEA title VII as Flexibility and Accountability. (Sec. 701) Sets forth VII-A, State Accountability for Improving Academic Achievement. Authorizes various education performance awards (Achievement in Education Awards) for States and schools. Penalizes States that fail to achieve progress in certain educational assessments by reducing administrative funds under ESEA formula grant programs. Directs the Secretary to make: (1) awards to States for costs of developing certain additional required assessments and standards, administration of assessments, and other accountability activities; and (2) bonus payments for development of such assessments ahead of deadline. State and Local Transferability Act - Sets forth VII-B, Transferability of Funds. Authorizes State and LEA transfers of funds: (1) among specified ESEA formula grant programs; and (2) from such programs to their allocations for ESEA title I but does not allow transfer of title I funds to other programs. Title VIII: General Provisions - Revises ESEA General Provisions under title VIII (currently title IX), including definitions, flexibility in the use of administrative and other funds, coordination of programs, consolidated plans and applications, waivers, uniform provisions, and evaluations. (Sec. 801) Sets forth additional uniform provisions. Provides that nothing in ESEA shall be construed to affect: (1) home schools, whether or not it is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced in ESEA; or (2) any private school that does not receive funds or services under ESEA, nor shall any student who attends such a school be required to participate in any assessment referenced in ESEA. Requires specified privacy protections for any results from individual assessments referenced in ESEA which become part of the education records of a student. Requires LEAs, as a condition of receiving ESEA funds, to certify that they have no policy that prevents or otherwise denies participation in constitutionally-protected prayer in public schools. Prohibits use of ESEA funds for programs of: (1) sex education or HIV prevention education in schools unless such programs are age appropriate and emphasize (currently, include) the health benefits of abstinence; and (2) contraceptive (currently, condom) distribution at schools. Prohibits Federal officers and employees from mandating, directing, or controlling a State, LEA, or school's curriculum, program of instruction, or allocation of State or local resources, or mandating a State or local government to spend any funds or incur any costs not paid for under ESEA. Provides that nothing in ESEA shall be construed to mandate, for a State, LEA, or school: (1) equalized spending per pupil; or (2) national school building standards. Prohibits the Department of Education from using funds provided to it, or to any applicable program, to endorse, approve, or sanction any curriculum designed to be used in an elementary or secondary school. Provides that nothing in ESEA shall be construed to permit the development of a national database of personally identifiable information on individuals involved in studies or in data collection efforts under ESEA. Sets forth the sense of the Congress regarding: (1) paperwork reduction; and (2) allowance of religious services and monuments as part of memorials for individuals slain on public school grounds. Prohibits: (1) use of Federal funds or sanctions for mandatory national certification of teachers and paraprofessionals; and (2) use of ESEA funds for federally-sponsored national testing, unless specifically authorized by law. (Sec. 802) Redesignates, as title VIII parts: (1) H, Comprehensive Regional Assistance Centers (current XIII-A); (2) I, National Diffusion Network (current XIII-B); (3) J, Eisenhower Regional Mathematics and Science Education Consortia (current XIII-C); (4) K, Technology-Based Technical Assistance (current XIII-D); and (5) L, Regional Technical Support and Professional Development (current III-A-3). Title IX: Miscellaneous Provisions - Part A: Amendments to Other Acts - Subpart 1: National Education Statistics Act - Amends the National Education Statistics Act of 1994 with respect to State assessments. Provides that, for purposes of title VII accountability, States are not required to share costs of the National Assessment of Educational Progress (NAEP). Authorizes annual State NAEP assessments in reading and mathematics in the fourth and eighth grades. Subpart 2: Homeless Education - McKinney-Vento Homeless Education Assistance Improvement Act of 2001 - Amends the McKinney-Vento Homeless Assistance Act to revise and reauthorize requirements for education for homeless children and youth. Requires schools to: (1) immediately enroll homeless children and youth; and (2) keep children in their school of origin whenever possible and appropriate. Requires public notice of the educational rights of homeless children and youth to be disseminated in school districts. Prohibits States receiving such program funds from segregating a homeless child, either in a separate school or in a separate program within a school, based on that student's status as homeless. Allows States flexibility in use of program funds for Statewide support and technical assistance activities. Increases the amount of program funds available to small States. Part B: Repeals - Repeals provisions under the Goals 2000: Educate America Act for: (1) the National Education Goals Panel and the National Education Standards and Improvement Council; and (2) an International Education Program. Repeals the Troops-to-Teachers Program Act of 1999. Repeals the following ESEA provisions: (1) part B of title IX, education of Native Hawaiians (but reauthorizes, elsewhere in ESEA, current title IX provisions for Indian Education and Alaska Native Education); (2) various title X Programs of National Significance, including the Fund for the Improvement of Education, the Urban Education Assistance program, and the Physical Education for Progress program (but reauthorizes, elsewhere in ESEA, current title X programs for gifted and talented children, arts in education, inexpensive book distribution, civic education, Ellender fellowships, rural education assistance, and the national writing project); (3) title XI, Coordinated Services; and (4) title XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation.
No Child Left Behind Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise title I as Improving the Academic Performance of the Disadvantaged (currently Helping Disadvantaged Children Meet High Standards). Revises title I part A with respect to: (1) yearly testing and assessments of student performance; (2) Adequate Yearly Progress (AYP) standards; (3) identification of schools for improvement and corrective actions; (4) supplemental education services, or public (or private) school choice options under certain conditions, if a school fails repeatedly; (5) reporting to parents and the public on school performance and teacher quality; (6) State reservation of funds for school improvement; (7) formulas relating to Basic, Concentration, Targeted, and Education Finance Incentive Grants; and (8) eligibility requirements for schoolwide programs. Revises and reauthorizes title I provisions for: (1) the William F. Goodling Even Start Family Literacy Program; (2) Education of Migratory Children; (3) Neglected or Delinquent Youth; and (4) Federal evaluations and demonstrations. Establishes title I programs for: (1) Reading First and Early Reading First initiatives; and (2) Comprehensive School Reform. Rural Education Initiative Act - Revises, reauthorizes, and transfers to title I part G Rural Education Flexibility and Assistance, ESEA provisions for a Rural Education Initiative, with State formula grants for: (1) flexibility for small rural schools; and (2) assistance for low-income and rural schools. Revises ESEA title II as Preparing, Training, and Recruiting Quality Teachers to: (1) replace the current Eisenhower Professional Development and Class-Size Reduction programs; and (2) establish a teacher quality training and recruiting fund as a State formula grant program, with subgrants to LEAs, to support various similar and additional activities to improve elementary and secondary school teaching. Establishes a Mathematics and Science Partnerships subgrants program involving SEAs, higher education mathematics or science departments, and LEAs. Includes among authorized national teacher activities, administered by the Secretary, support for: (1) the Troops-to-Teachers program recruiting military retirees into teaching; and (2) innovative preretirement teacher certification programs for members of the Armed Forces. Eliminates an authorization for the Eisenhower National Clearinghouse for Math and Science Education. Sets forth title II part B, Teacher Liability Protection, to provisions to exempt teachers, administrators, and school board members from certain liability for actions taken in official capacity to maintain school discipline. Revises ESEA title III as Education of Limited English Proficient Children; Indian and Alaska Native Education (consolidating current title VII and title IX parts A and C). (Current title III Technology for Education programs are eliminated, but some similar activities are consolidated under the new title V part B.) English Language Proficiency and Academic Achievement Act - Sets forth a title III part A, Education of Limited English Proficient Children. Replaces the Bilingual Education Act programs, Foreign Language Assistance Program, and Emergency Immigrant Education Program with this program of formula grants to States for education of limited English proficient (LEP) children. Requires students who have been in U.S. schools for at least three years to be tested for reading in English. Sets forth certain language program exceptions for programs that serve Native American and Native Pacific Island children and children in the Commonwealth of Puerto Rico. Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of Educational Services for Limited English Proficient Children. Reauthorizes and revises ESEA provisions for Indian and Alaska Native Education (currently under ESEA title IX parts A and C, but eliminates current title IX part B provisions for education of Native Hawaiians), under the new title III part B. Alaska Native Educational Equity Support and Assistance Act - Revises the Alaska Native Educational Equity Support and Assistance Act (currently under ESEA title IX part C). Amends the Education Amendments of 1978 to revise provisions for Bureau of Indian Affairs programs. Revises ESEA title IV as Promoting Informed Parental Choice and Innovative Programs. (Transfers parts of the current title IV to title V.) Revises and reauthorizes: (1) part A Innovative Programs (currently under title VI Innovative Education Program Strategies); (2) part B Public Charter Schools (currently under title X part C); and (3) part D Magnet Schools Assistance (currently under title V part A). Allows Innovative Program funds to be used for public (or private) school choice, under certain conditions, for disadvantaged students in failing schools. Establishes a part C Educational Opportunity Fund for competitive awards to eligible entities for school choice research and demonstration projects concerning the effectiveness of school choice programs in improving the academic performance of low-income students. Revises ESEA title V as Safe Schools for the 21st Century. (Eliminates current title V parts B and C provisions for Women's Educational Equity and for Assistance to Address School Dropout Problems.) Safe Schools for the 21st Century Act of 2001- Revises and reauthorizes title V part A, Supporting Drug and Violence Prevention and Education for Students and Communities (currently under title IV, Safe and Drug-Free Schools and Communities). Revises: (1) school safety programs; (2) national activities; and (3) gun-free school requirements (currently under title IX part F of ESEA, also known as the Gun-Free Schools Act). Requires drug and violence prevention programs to be consistent with certain principles of effectiveness. Requires States to establish policies providing public school choice (and private school choice if a safe public school cannot accommodate them) to students who attend persistently dangerous schools or who are victims of violent crimes in school or on school grounds. Allows States to carry out programs through grants and contracts with charitable, religious, and other private organizations, in addition to LEAs. Enhancing Education Through Technology Act of 2001 - Sets forth title V part B, Enhancing Education Through Technology which revises and reauthorizes some programs currently under title III Education for Technology and title X part I 21st Century Community Learning Centers. Consolidates such program activities for telecommunications and technology access into a formula grant program for State and local technology for success programs, and authorizes certain national technology initiatives. Sets forth title V part C Character Education programs (revises and expands a pilot project currently under title X part A). Revises and reauthorizes the Impact Aid Program as ESEA title VI (currently title VIII). Revises ESEA title VII as Flexibility and Accountability. Sets forth part A, State Accountability for Improving Academic Achievement. Authorizes various education performance awards for States and schools. Penalizes States that fail to achieve progress in certain educational assessments by reducing administrative funds under ESEA formula grant programs. Directs the Secretary to make: (1) awards to States for costs of developing certain additional required assessments and standards, administration of assessments and other accountability activities; and (2) bonus payments for development of such assessments ahead of deadline. Academic Achievement for All Act (Straight A's Act) - Sets forth ESEA title VII part B, Performance Agreements. Allows States a certain type of flexibility in consolidating and using specified formula program funds for State education priorities and programs, in exchange for being held accountable for meeting, in a five-year period, certain performance goals which they propose. State and Local Transferability Act - Sets forth ESEA title VII part C, Transferability of Funds. Authorizes State and LEA transfers of funds: (1) among specified ESEA formula grant programs; and (2) from such programs to their allocations for ESEA title I but does not allow transfer of title I funds to other programs. Revises as ESEA title VIII General Provisions (current title IX), including flexibility in the use of administrative and other funds, coordination of programs, consolidated plans and applications, waivers, uniform provisions, and evaluations. Sets forth the sense of the Congress regarding: (1) paperwork reduction; and (2) memorials. Prohibits: (1) use of Federal funds or sanctions for mandatory national certification of teachers and paraprofessionals; and (2) use of ESEA funds for federally-sponsored national testing, unless specifically authorized by law. Redesignates as ESEA title VIII parts H, I, J, and K, current ESEA title XIII provisions for: (1) Comprehensive Regional Assistance Centers; (2) National Diffusion Network; (3) Eisenhower Regional Mathematics and Science Education Consortia; and (4) Technology-Based Technical Assistance. Amends the National Education Statistics Act of 1994 with respect to State assessments. McKinney-Vento Homeless Education Assistance Improvement Act of 2001 - Amends the McKinney-Vento Homeless Assistance Act to revise and reauthorize provisions for education for homeless children and youth. Repeals provisions under the Goals 2000: Educate America Act for: (1) the National Education Goals Panel and the National Education Standards and Improvement Council; and (2) an International Education Program. Repeals the Troops-to-Teachers Program Act of 1999. Repeals the following ESEA provisions: (1) part B of title IX, education of Native Hawaiians; (2) title X, Programs of National Significance, including the Fund for the Improvement of Education and programs for gifted and talented children, arts in education, inexpensive book distribution, civic education, Ellender fellowships, urban and rural education assistance, and the national writing project; (3) title XI, Coordinated Services; and (4) title XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation.
![Rep. Boehner, John A. [R-OH-8]](https://www.congress.gov/img/member/b000589_200.jpg)
Signed by President.
Signed by President.
Became Public Law No: 107-110.
Became Public Law No: 107-110.
Presented to President.
Presented to President.
Pursuant to the provisions of H. Con. Res. 289, enrollment corrections on H.R. 1 have been made.
Conference report considered in Senate. (consideration: CR S13365-13422)
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 87 - 10. Record Vote Number: 371.
Senate agreed to conference report by Yea-Nay Vote. 87 - 10. Record Vote Number: 371.
Message on Senate action sent to the House.
Conference report considered in Senate by Unanimous Consent. (consideration: CR S13322-13349)
Conference report filed: Conference report H. Rept. 107-334 filed.(text of conference report: CR 12/12/2001 H9773-10052)
Conference report H. Rept. 107-334 filed. (text of conference report: CR 12/12/2001 H9773-10052)
Rules Committee Resolution H. Res. 315 Reported to House. Rule provides for consideration of the conference report to H.R. 1 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions.
Rule H. Res. 315 passed House.
Mr. Boehner brought up conference report H. Rept. 107-334 for consideration under the provisions of H. Res. 315. (consideration: CR H10092-10113)
DEBATE - The House proceeded with one hour of debate on the conference report.
The previous question was ordered without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 381 - 41 (Roll no. 497).
Motions to reconsider laid on the table Agreed to without objection.
On agreeing to the conference report Agreed to by recorded vote: 381 - 41 (Roll no. 497).
Conference committee actions: Conferees agreed to file conference report.
Conferees agreed to file conference report.
Conference committee actions: Conference held.
Conference held.
Conference committee actions: Conference held.
Conference held.
Conference committee actions: Conference held.
Conference held.
Conference committee actions: Conference held.
Conference held.
Conference committee actions: Conference held.
Conference held.
Mr. Boehner moved that the House disagree to the Senate amendment, and agree to a conference.
DEBATE - The House proceeded with one hour of debate on the motion to disagree to the Senate amendment and agree to a conference.
The previous question was ordered without objection.
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to by the Yeas and Nays: 424 - 5 (Roll no. 237). (consideration: CR H4121-4130)
Mr. Baldacci moved that the House instruct conferees.
Mr. Boehner moved to table the motion.
On motion to table motion to instruct conferees Agreed to by recorded vote: 296 - 126 (Roll no. 238).
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees for consideration of the House bill and the Senate amendment, and modifications committed to conference: Boehner, Petri, Roukema, McKeon, Castle, Graham, Hilleary, Isakson, Miller, George, Kildee, Owens, Mink, Andrews, and Roemer.
Message on Senate action sent to the House.
Senate insists on its amendment, asks for a conference, appoints conferees Kennedy, Dodd, Harkin, Mikulski, Jeffords, Bingaman, Wellstone, Murray, Reed, Edwards, Clinton, Lieberman, Bayh, Gregg, Frist, Enzi, Hutchinson, Warner, Bond, Roberts, Collins, Sessions, DeWine, Allard and Ensign.
Measure amended in Senate by unanimous consent after passage.
Measure laid before Senate. (consideration: CR S6304-6305)
Senate struck all after the Enacting Clause and substituted the language of S. 1 amended.
Passed/agreed to in Senate: Passed Senate in lieu of S. 1 with an amendment by Yea-Nay Vote. 91 - 8. Record Vote Number: 192.(text: CR 6/22/2001 CR S6672-6831)
Passed Senate in lieu of S. 1 with an amendment by Yea-Nay Vote. 91 - 8. Record Vote Number: 192. (text: CR 6/22/2001 CR S6672-6831)
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 53.
Considered as unfinished business. (consideration: CR H2577-2645)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Hoekstra amendment.
POSTPONED VOTE - At the conclusion of debate on the Hoekstra amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hoekstra demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Meek (FL) amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Norwood amendment.
POSTPONED VOTE - At the conclusion of debate on the Norwood amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Norwood demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Tiahrt amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 40 minutes of debate on the Armey amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Armey amendment.
POSTPONED VOTE - At the conclusion of debate on the Armey amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Miller (CA) demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Akin amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Stearns amendment.
VOTE POSTPONED - At the conclusion of debate on the Stearns amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Stearns demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Traficant amendment.
POSTPONED VOTE - At the conclusion of debate on the Traficant amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Traficant demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
PROCEEDINGS ON AMENDMENTS RESUMED - The Chair announced that proceedings would now resume on the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Brady (TX) amendment.
POSTPONED VOTE - At the conclusion of debate on the Brady (TX) amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Kildee demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Mink amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Wamp amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Hilleary amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Velazquez amendment.
DEBATE - Pursuant to the provisions in H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Kirk amendment.
POSTPONED VOTE - At the conclusion of debate on the Kirk (IL) amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Kirk demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Hoeffel amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 20 minutes of debate on the Cox amendment.
POSTPONED VOTE - At the conclusion of debate on the Cox (CA) amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller of (CA) demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Owens moved to recommit with instructions to Education and Labor. (consideration: CR H2630-2634; text: CR H2630-2633)
DEBATE - The House is debating the motion to recommit offered by Mr. Owens of NY.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 207 - 223 (Roll no. 144).
DEBATE - Mr. Boehner of (OH) asked unanimous consent that he and Mr. George Miller of (CA) be given 10 minutes equally divided for closing remarks on H.R. 1.
Passed/agreed to in House: On passage Passed by recorded vote: 384 - 45 (Roll no. 145).(text of measure as reported: 5/22/2001 CR H2421-2516)
On passage Passed by recorded vote: 384 - 45 (Roll no. 145). (text of measure as reported: 5/22/2001 CR H2421-2516)
Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1.
ORDER OF PROCEDURE - Mr. Boehner asked unanimous consent that, during the further consideration of H.R. 1 in the Committee of the Whole pursuant to H. Res. 143, amendment number 3 printed in House Report 107-69 be in order for consideration out of turn and after amendment number 5 has been considered. Agreed to without objection.
Considered as unfinished business. (consideration: CR H2396-2542)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
GENERAL DEBATE - The Committee of the Whole proceeded with the remainder of the time for General Debate on H.R. 1--approximately 1 hour and 53 minutes.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Boehner amendment.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Capps amendment.
POSTPONED VOTE - At the conclusion of debate on the Capps amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Souder demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with 10 minutes of debate on the Graves amendment.
POSTPONED VOTE - At the conclusion of debate on the Graves amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Graves demanded a recorded vote and made a point of no quorum. Pursuant to the provisions of H. Res. 143, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered as withdrawn.
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