SEC. 1601
GENERAL PROVISIONS
Section Summary
ESSA Update
PART F--GENERAL PROVISIONS
SEC. 1601. GENERAL PROVISIONS.
(a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as
redesignated by section 1501(a)(4) of this Act, is amended--
(1) in subsection (a), by inserting ``, in accordance with
subsections (b) through (d) and subject to section 1111(e),''
after ``may issue'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``principals,
other school leaders (including charter school
leaders),'' after ``teachers,'';
[[Page 129 STAT. 1911]]
(B) in paragraph (2), by adding at the end the
following: ``Such regional meetings and electronic
exchanges of information shall be public and notice of
such meetings and exchanges shall be provided to
interested stakeholders.'';
(C) in paragraph (3)(A), by striking ``standards and
assessments'' and inserting ``standards, assessments
under section 1111(b)(2), and the requirement under
section 1118 that funds under part A be used to
supplement, and not supplant, State and local funds'';
(D) by striking paragraph (4) and inserting the
following:
``(4) Process.--Such process--
``(A) shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.); and
``(B) shall, unless otherwise provided as described
in subsection (c), follow the provisions of subchapter
III of chapter 5 of title V, United States Code
(commonly known as the `Negotiated Rulemaking Act of
1990').''; and
(E) by striking paragraph (5);
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
``(c) Alternative Process for Certain Exceptions.--If consensus, as
defined in section 562 of title 5, United States Code, on any proposed
regulation is not reached by the individuals selected under subsection
(b)(3)(B) for the negotiated rulemaking process, or if the Secretary
determines that a negotiated rulemaking process is unnecessary, the
Secretary may propose a regulation in the following manner:
``(1) Notice to congress.--Not less than 15 business days
prior to issuing a notice of proposed rulemaking in the Federal
Register, the Secretary shall provide to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and the Workforce of the House of
Representatives, and other relevant congressional committees,
notice of the Secretary's intent to issue a notice of proposed
rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) the anticipated burden, including the time,
cost, and paperwork burden, the regulation will impose
on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulation;
``(D) the anticipated benefits to State educational
agencies, local educational agencies, schools, and other
entities that may be impacted by the regulation; and
``(E) any regulations that will be repealed when the
new regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed
rulemaking under this subsection, provide Congress with
a comment period of 15 business days to make comments on
the proposed regulation, beginning on the date that the
Secretary provides the notice of intent to the
appropriate committees of Congress under paragraph (1);
and
[[Page 129 STAT. 1912]]
``(B) include and seek to address all comments
submitted by Congress in the public rulemaking record
for the regulation published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall be
not less than 60 days unless an emergency requires a shorter
period, in which case the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice to Congress under paragraph (1);
``(B) publish the length of the comment and review
period in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional
meetings to review such proposed regulation before
issuing any final regulation.'';
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Regulations to carry out this part'' and inserting
``Regulations to carry out this title''; and
(6) by inserting after subsection (d), as redesignated by
paragraph (3), the following:
``(e) Rule of Construction.--Nothing in this section affects the
applicability of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the `Administrative Procedure
Act') or chapter 8 of title 5, United States Code (commonly known as the
`Congressional Review Act').''.
(b) Agreements and Records.--Subsection (a) of section 1602 (20
U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is
amended to read as follows:
``(a) Agreements.--In any case in which a negotiated rulemaking
process is established under section 1601(b), all published proposed
regulations shall conform to agreements that result from the rulemaking
described in section 1601 unless the Secretary reopens the negotiated
rulemaking process.''.
(c) State Administration.--Section 1603 (20 U.S.C. 6573), as
redesignated by section 1501(a)(4) of this Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations; and
``(ii) eliminate the State rules and regulations
that are duplicative of Federal requirements.''; and
(B) in paragraph (2), by striking ``the challenging
State student academic achievement standards'' and
inserting ``the challenging State academic standards'';
and
(2) in subsection (b)(2), by striking subparagraphs (C)
through (G) and inserting the following:
``(C) teachers from traditional public schools and
charter schools (if there are charter schools in the
State) and career and technical educators;
``(D) principals and other school leaders;
[[Page 129 STAT. 1913]]
``(E) parents;
``(F) members of local school boards;
``(G) representatives of private school children;
``(H) specialized instructional support personnel
and paraprofessionals;
``(I) representatives of authorized public
chartering agencies (if there are charter schools in the
State); and
``(J) charter school leaders (if there are charter
schools in the State).''.
NCLB Text
``PART F--COMPREHENSIVE SCHOOL REFORM
``SEC. <<NOTE: 20 USC 6511.>> 1601. PURPOSE.
``The purpose of this part is to provide financial incentives for
schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that include an
emphasis on basic academics and parental involvement so that all
children can meet challenging State academic content and academic
achievement standards.
``SEC. <<NOTE: 20 USC 6512.>> 1602. PROGRAM AUTHORIZATION.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to State educational agencies, from allotments under
paragraph (2), to enable the State educational agencies to award
subgrants to local educational agencies to carry out the purpose
described in section 1601.
``(2) Allotments.--
``(A) Reservations.--Of the amount appropriated
under section 1002(f), the Secretary may reserve--
[[Page 115 STAT. 1602]]
``(i) not more than 1 percent for each fiscal
year to provide assistance to schools supported by
the Bureau of Indian Affairs and in the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands
according to their respective needs for assistance
under this part;
``(ii) not more than 1 percent for each fiscal
year to conduct national evaluation activities
described in section 1607; and
``(iii) not more than 3 percent of the amount
appropriated in fiscal year 2002 to carry out this
part, for quality initiatives described in section
1608.
``(B) In general.--Of the amount appropriated under
section 1002(f) that remains after making the
reservation under subparagraph (A) for a fiscal year,
the Secretary shall allot to each State for the fiscal
year an amount that bears the same ratio to the
remainder for that fiscal year as the amount made
available under section 1124 to the State for the
preceding fiscal year bears to the total amount made
available under section 1124 to all States for that
year.
``(C) Reallotment.--If a State does not apply for
funds under this section, the Secretary shall reallot
such funds to other States that do apply in proportion
to the amount allotted to such other States under
subparagraph (B).
``SEC. <<NOTE: 20 USC 6513.>> 1603. STATE APPLICATIONS.
``(a) In General.--Each State educational agency that desires to
receive a grant under this part shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Contents.--Each such application shall describe--
``(1) the process and selection criteria by which the State
educational agency, using expert review, will select local
educational agencies to receive subgrants under this part;
``(2) how the State educational agency will ensure that
funds under this part are limited to comprehensive school reform
programs that--
``(A) include each of the components described in
section 1606(a);
``(B) have the capacity to improve the academic
achievement of all students in core academic subjects
within participating schools; and
``(C) are supported by technical assistance
providers that have a successful track record, financial
stability, and the capacity to deliver high quality
materials, professional development for school
personnel, and on-site support during the full
implementation period of the reforms;
``(3) how the State educational agency will disseminate
materials and information on comprehensive school reforms that
are based on scientifically based research and effective
practices;
``(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure the
extent to which the reforms have resulted in increased student
academic achievement; and
[[Page 115 STAT. 1603]]
``(5) how the State educational agency will provide
technical assistance to the local educational agency or
consortia of local educational agencies, and to participating
schools, in evaluating, developing, and implementing
comprehensive school reform.
``SEC. <<NOTE: 20 USC 6514.>> 1604. STATE USE OF FUNDS.
``(a) In General.--Except as provided in subsection (e), a State
educational agency that receives a grant under this part shall use the
grant funds to award subgrants, on a competitive basis, to local
educational agencies or consortia of local educational agencies in the
State that receive funds under part A, to support comprehensive school
reforms in schools that are eligible for funds under part A.
``(b) Subgrant Requirements.--A subgrant to a local educational
agency or consortium shall be--
``(1) of sufficient size and scope to support the initial
costs of comprehensive school reforms selected or designed by
each school identified in the application of the local
educational agency or consortium;
``(2) in an amount not less than $50,000--
``(A) for each participating school; or
``(B) for each participating consortium of small
schools (which for purposes of this subparagraph means a
consortium of small schools serving a total of not more
than 500 students); and
``(3) renewable for two additional 1-year subgrant periods
after the initial 1-year subgrant is made if the school is or
the schools are making substantial progress in the
implementation of reforms.
``(c) Priority.--A State educational agency, in awarding subgrants
under this part, shall give priority to local educational agencies or
consortia that--
``(1) plan to use the funds in schools identified as being
in need of improvement or corrective action under section
1116(c); and
``(2) demonstrate a commitment to assist schools with budget
allocation, professional development, and other strategies
necessary to ensure the comprehensive school reforms are
properly implemented and are sustained in the future.
``(d) Grant Consideration.--In awarding subgrants under this part,
the State educational agency shall take into consideration the equitable
distribution of subgrants to different geographic regions within the
State, including urban and rural areas, and to schools serving
elementary and secondary students.
``(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5 percent of
the grant funds for administrative, evaluation, and technical assistance
expenses.
``(f) Supplement.--Funds made available under this part shall be
used to supplement, and not supplant, any other Federal, State, or local
funds that would otherwise be available to carry out the activities
assisted under this part.
``(g) Reporting.--Each State educational agency that receives a
grant under this part shall provide to the Secretary such information as
the Secretary may require, including the names of local educational
agencies and schools receiving assistance under this
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part, the amount of the assistance, a description of the comprehensive
school reforms selected and used, and a copy of the State's annual
evaluation of the implementation of comprehensive school reforms
supported under this part and the student achievement results.
``SEC. <<NOTE: 20 USC 6515.>> 1605. LOCAL APPLICATIONS.
``(a) In General.--Each local educational agency or consortium of
local educational agencies desiring a subgrant under this part shall
submit an application to the State educational agency at such time, in
such manner, and containing such information as the State educational
agency may reasonably require.
``(b) Contents.--Each such application shall--
``(1) identify the schools that are eligible for assistance
under part A and plan to implement a comprehensive school reform
program, including the projected costs of such a program;
``(2) describe the comprehensive school reforms based on
scientifically based research and effective practices that such
schools will implement;
``(3) describe how the local educational agency or
consortium will provide technical assistance and support for the
effective implementation of the comprehensive school reforms
based on scientifically based research and effective practices
selected by such schools; and
``(4) describe how the local educational agency or
consortium will evaluate the implementation of such
comprehensive school reforms and measure the results achieved in
improving student academic achievement.
``SEC. <<NOTE: 20 USC 6516.>> 1606. LOCAL USE OF FUNDS.
``(a) Uses of Funds.--A local educational agency or consortium that
receives a subgrant under this part shall provide the subgrant funds to
schools that are eligible for assistance under part A and served by the
agency, to enable the schools to implement a comprehensive school reform
program that--
``(1) employs proven strategies and proven methods for
student learning, teaching, and school management that are based
on scientifically based research and effective practices and
have been replicated successfully in schools;
``(2) integrates a comprehensive design for effective school
functioning, including instruction, assessment, classroom
management, professional development, parental involvement, and
school management, that aligns the school's curriculum,
technology, and professional development into a comprehensive
school reform plan for schoolwide change designed to enable all
students to meet challenging State content and student academic
achievement standards and addresses needs identified through a
school needs assessment;
``(3) provides high quality and continuous teacher and staff
professional development;
``(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
``(5) is supported by teachers, principals, administrators,
school personnel staff, and other professional staff;
``(6) provides support for teachers, principals,
administrators, and other school staff;
[[Page 115 STAT. 1605]]
``(7) provides for the meaningful involvement of parents and
the local community in planning, implementing, and evaluating
school improvement activities consistent with section 1118;
``(8) uses high quality external technical support and
assistance from an entity that has experience and expertise in
schoolwide reform and improvement, which may include an
institution of higher education;
``(9) includes a plan for the annual evaluation of the
implementation of school reforms and the student results
achieved;
``(10) identifies other resources, including Federal, State,
local, and private resources, that shall be used to coordinate
services that will support and sustain the comprehensive school
reform effort; and
``(11)(A) has been found, through scientifically based
research to significantly improve the academic achievement of
students participating in such program as compared to students
in schools who have not participated in such program; or
``(B) has been found to have strong evidence that such
program will significantly improve the academic achievement of
participating children.
``(b) Special Rule.--A school that receives funds to develop a
comprehensive school reform program shall not be limited to using
nationally available approaches, but may develop the school's own
comprehensive school reform program for schoolwide change as described
in subsection (a).
``SEC. <<NOTE: 20 USC 6517.>> 1607. EVALUATION AND REPORTS.
``(a) In General.--The Secretary shall develop a plan for a national
evaluation of the programs assisted under this part.
``(b) Evaluation.--The national evaluation shall--
``(1) evaluate the implementation and results achieved by
schools after 3 years of implementing comprehensive school
reforms; and
``(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
``(c) Reports.--The Secretary shall submit a report describing the
results of the evaluation under subsection (b) for the Comprehensive
School Reform Program to the Committee on Education and the Workforce,
and the Committee on Appropriations of the House of Representatives, and
the Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
``SEC. <<NOTE: 20 USC 6518.>> 1608. QUALITY INITIATIVES.
``The Secretary, through grants or contracts, shall provide funds
for--
``(1) a public-private effort, in which funds are matched by
private organizations, to assist States, local educational
agencies, and schools, in making informed decisions regarding
approving or selecting providers of comprehensive school reform,
consistent with the requirements described in section 1606(a);
and
``(2) activities to foster the development of comprehensive
school reform models and to provide effective capacity building
[[Page 115 STAT. 1606]]
for comprehensive school reform providers to expand their work
in more schools, assure quality, and promote financial
stability.
