(B) Requirement with respect to regular education teacher. The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the review and revision of the IEP of the child.
(5) Failure to meet transition objectives. If a participating 0agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program.
(6) Children with disabilities in adult prisons.
(A) In general. The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
(i) The requirements contained in section 612(a)(17) [20 USCS § 1412(a)(17)] and paragraph (1)(A)(v) of this subsection (relating to participation of children with disabilities in general assessments).
(ii) The requirements of subclauses (I) and (II) of paragraph (1)(A)(vii) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part [20 USCS §§ 1411 et seq.] will end, because of their age, before they will be released from prison.
(B) Additional requirement. If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) [20 USCS §§ 1412(a)(5)(A), 1414(d)(1)(A)] if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
(e) Construction. Nothing in this section shall be construed to require the IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.
(f) Educational placements. Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.
20 U.S.C. 1681. Education Amendments of 1972, Title IX.
Title 20. Education, Chapter 38. Discrimination Based on Sex or Blindness.
20 U.S.C. 1681. Sex.
(a) Prohibition against discrimination; exceptions. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:
(1) Classes of educational institutions subject to prohibition. in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;
(2) Educational institutions commencing planned change in admissions. in regard to admissions to educational institutions, this section shall not apply (A) for one year from the date of enactment of this Act [enacted June 23, 1972], nor for six years after such date in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Commissioner of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Commissioner of Education, whichever is the later;
(3) Educational institutions of religious organizations with contrary religious tenets. this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;
(4) Educational institutions training individuals for military services or merchant marine. this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;
(5) Public educational institutions with traditional and continuing admissions policy. in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;
(6) Social fraternities or sororities; voluntary youth service organizations. this section shall not apply to membership practices--
(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954 [26 USCS § 501(a)], the active membership of which consists primarily of students in attendance at an institution of higher education, or
(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;
(7) Boy or Girl conferences. this section shall not apply to--
(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or
(B) any program or activity of any secondary school or educational institution specifically for--
(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or
(ii) the selection of students to attend any such conference;
(8) Father-son or mother-daughter activities at educational institutions. this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and
(9) Institution of higher education scholarship awards in "beauty" pageants. this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.
(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance. Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: Provided, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this title of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.
(c) "Educational institution" defined. For purposes of this title an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.
20 U.S.C. 1703. Equal Education Opportunities Act.
Title 20. Education, Chapter 39. Equal Educational Opportunities and Trasportation of Students, Equal Educational Opportunites, Unlawful Practices.
20 U.S.C. 1703. Denial of equal educational opportunity prohibited.
No State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by--
(a) the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools;
(b) the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with subpart 4 of this title [20 USCS §§ 1712 et seq.], to remove the vestiges of a dual school system;
(c) the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student;
(d) discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection (f) below;
(e) the transfer by an educational agency, whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or
(f) the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.
20 U.S.C. 6301 et seq. No Child Left Behind.
Title 20. Education, Chapter 70. Strenghtening and Improvement of Elementary and Secondary Schools, Improving the Academic Achievement of the Disadvantaged.
20 U.S.C. 6301. Statement of purpose.
The purpose of this title [20 USCS §§ 6301 et seq.] is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments. This purpose can be accomplished by--
(1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement;
(2) meeting the educational needs of low-achieving children in our Nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance;
(3) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers;
(4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education;
(5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest;
(6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged;
(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;
(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time;
(9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content;
(10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development;
(11) coordinating services under all parts of this title [20 USCS §§ 6301 et seq.] with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and
(12) affording parents substantial and meaningful opportunities to participate in the education of their children.
20 U.S.C. 6302. Authorization of appropriations.
(a) Local educational agency grants. For the purpose of carrying out part A [20 USCS §§ 6311 et seq.], there are authorized to be appropriated--
(1) $ 13,500,000,000 for fiscal year 2002;
(2) $ 16,000,000,000 for fiscal year 2003;
(3) $ 18,500,000,000 for fiscal year 2004;
(4) $ 20,500,000,000 for fiscal year 2005;
(5) $ 22,750,000,000 for fiscal year 2006; and
(6) $ 25,000,000,000 for fiscal year 2007.
(b) Reading First.
(1) Reading First. For the purpose of carrying out subpart 1 of part B [20 USCS §§ 6361 et seq.], there are authorized to be appropriated $ 900,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(2) Early Reading First. For the purpose of carrying out subpart 2 of part B [20 USCS §§ 6371 et seq.], there are authorized to be appropriated $ 75,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(3) Even Start. For the purpose of carrying out subpart 3 of part B [20 USCS §§ 6381 et seq.], there are authorized to be appropriated $ 260,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(4) Improving literacy through school libraries. For the purpose of carrying out subpart 4 of part B [20 USCS § 6383], there are authorized to be appropriated $ 250,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(c) Education of migratory children. For the purpose of carrying out part C [20 USCS §§ 6391 et seq.], there are authorized to be appropriated $ 410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk. For the purpose of carrying out part D [20 USCS §§ 6421 et seq.], there are authorized to be appropriated $ 50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(e) Federal activities.
(1) Sections 1501 and 1502. For the purpose of carrying out sections 1501 and 1502 [20 USCS §§ 6491, 6492], there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
(2) Section 1504.
(A) In general. For the purpose of carrying out section 1504 [20 USCS § 6494], there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years.
(B) Special rule. Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1).
(f) Comprehensive school reform. For the purpose of carrying out part F [20 USCS §§ 6511 et seq.], there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
(g) Advanced placement. For the purposes of carrying out part G [20 USCS §§ 6531 et seq.], there are authorized to be appropriated such sums for fiscal year 2002 and each 5 succeeding fiscal year.
(h) School dropout prevention. For the purpose of carrying out part H [20 USCS §§ 6551 et seq.], there are authorized to be appropriated $ 125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which--
(1) up to 10 percent shall be available to carry out subpart 1 of part H [20 USCS § 6555] for each fiscal year; and
(2) the remainder shall be available to carry out subpart 2 of part H [20 USCS §§ 6561 et seq.] for each fiscal year.
(i) School improvement. For the purpose of carrying out section 1003(g) [20 USCS § 6303(g)], there are authorized to be appropriated $ 500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
20 U.S.C. 6303. School improvement.
(a) State reservations. Each State shall reserve 2 percent of the amount the State receives under subpart 2 of part A [20 USCS §§ 6331 et seq.] for fiscal years 2002 and 2003, and 4 percent of the amount received under such subpart for fiscal years 2004 through 2007, to carry out subsection (b) and to carry out the State's responsibilities under sections 1116 and 1117 [20 USCS §§ 6316, 6317], including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies.
(b) Uses. Of the amount reserved under subsection (a) for any fiscal year, the State educational agency--
(1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b) [20 USCS § 6316(b)]; or
(2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.
(c) Priority. The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that--
(1) serve the lowest-achieving schools;
(2) demonstrate the greatest need for such funds; and
(3) demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet the progress goals in school improvement plans under section 1116(b)(3)(A)(v) [20 USCS § 6316(b)(3)(A)(v)].
(d) Unused funds. If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with--
(1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A [20 USCS §§ 6331 et seq.]; or
(2) section 1126(c) [20 USCS § 6338(c)].
(e) Special rule. Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency under such subpart for the preceding fiscal year.
(f) Reporting. The State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line.
(g) Assistance for local school improvement.
(1) Program authorized. The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116 [20 USCS § 6316].
(2) State allotments. Such grants shall be allotted among States, the Bureau of Indian Affairs, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Affairs, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this title [20 USCS §§ 6311 et seq., 6391 et seq., 6421 et seq.]. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies and schools that were in school improvement status on the date preceding the date of enactment of the No Child Left Behind Act of 2001 [enacted Jan. 8, 2002].
(3) Reallocations. If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2).
(4) State applications. Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116 [20 USCS § 6316].
(5) Local educational agency grants. A grant to a local educational agency under this subsection shall be--
(A) of sufficient size and scope to support the activities required under sections 1116 and 1117 [20 USCS §§ 6316, 6317], but not less than $ 50,000 and not more than $ 500,000 for each participating school;
(B) integrated with other funds awarded by the State under this Act [20 USCS §§ 6301 et seq.]; and
(C) renewable for two additional 1-year periods if schools are meeting the goals in their school improvement plans developed under section 1116 [20 USCS § 6316].
(6) Priority. The State, in awarding such grants, shall give priority to local educational agencies with the lowest-achieving schools that demonstrate--
(A) the greatest need for such funds; and
(B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the goals under school and local educational agency improvement, corrective action, and restructuring plans under section 1116 [20 USCS § 6316].
(7) Allocation. A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified for school improvement, corrective action, or restructuring to carry out activities under section 1116(b) [20 USCS § 6316(b)], or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.
(8) Administrative costs. A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses.
(9) Local awards. Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency improvement, corrective action, and restructuring plans under section 1116 [20 USCS § 6316].
20 U.S.C. § 6304. State administration.
(a) In general. Except as provided in subsection (b), to carry out administrative duties assigned under parts A, C, and D of this title [20 USCS §§ 6311 et seq., 6391 et seq., 6421 et seq.], each State may reserve the greater of--
(1) 1 percent of the amounts received under such parts; or
(2) $ 400,000 ($ 50,000 in the case of each outlying area).
(b) Exception. If the sum of the amounts appropriated for parts A, C, and D of this title [20 USCS §§ 6311 et seq., 6391 et seq., 6421 et seq.] is equal to or greater than $ 14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive, if $ 14,000,000,000 were allocated among the States for parts A, C, and D of this title [20 USCS §§ 6311 et seq., 6391 et seq., 6421 et seq.].
20 U.S.C. 6311 et seq. State plans.
Title 20. Education, Chapter 70. Strenghtening and Improvement of Elementary and Secondary Schools, Improving the Academic Achievement of the Disadvantaged, Improving Basic Programs Operated by Local Educational Agencies, Basic Program Requirements.
20 U.S.C. 6311. State plans.
(a) Plans required.
(1) In general. For any State desiring to receive a grant under this part [20 USCS §§ 6311 et seq.], the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this title [20 USCS §§ 6301 et seq.]), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this Act [20 USCS §§ 6301 et seq.], the Individuals with Disabilities Education Act [20 USCS §§ 1400 et seq.], the Carl D. Perkins Vocational and Technical Education Act of 1998 [20 USCS §§ 2301 et seq.], the Head Start Act [42 USCS §§ 9831 et seq.], the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance Act [42 USCS §§ 11301 et seq.].
(2) Consolidated plan. A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302 [20 USCS § 7842].
(b) Academic standards, academic assessments, and accountability.
(1) Challenging academic standards.
(A) In general. Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part [20 USCS §§ 6311 et seq.], except that a State shall not be required to submit such standards to the Secretary.
(B) Same standards. The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State.
(C) Subjects. The State shall have such academic standards for all public elementary school and secondary school children, including children served under this part [20 USCS §§ 6311 et seq.], in subjects determined by the State, but including at least mathematics, reading or language arts, and (beginning in the 2005-2006 school year) science, which shall include the same knowledge, skills, and levels of achievement expected of all children.
(D) Challenging academic standards. Standards under this paragraph shall include--
(i) challenging academic content standards in academic subjects that--