Order Code RL33960
The Elementary and Secondary Education Act,
as Amended by the No Child Left Behind Act:
A Primer
April 12, 2007
Wayne C. Riddle
Specialist in Education Policy
Domestic Social Policy Division
Rebecca R. Skinner
Specialist in Social Legislation
Domestic Social Policy Division

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The Elementary and Secondary Education Act,
as Amended by the No Child Left Behind Act:
A Primer
Summary
The primary source of federal aid to K-12 education is the Elementary and
Secondary Education Act (ESEA), particularly its Title I, Part A program of
Education for the Disadvantaged. The ESEA was initially enacted in 1965 (P.L. 89-
10), and was most recently amended and reauthorized by the No Child Left Behind
Act of 2001 (NCLBA, P.L. 107-110). Virtually all ESEA programs are authorized
through FY2008. During the current 110th Congress, congressional hearings are
being conducted in anticipation of subsequent consideration of legislation to amend
and extend the ESEA.
The NCLBA initiated a major expansion of federal influence upon several
aspects of public K-12 education, primarily with the aim of increasing the
accountability of public school systems and individual public schools for improving
achievement outcomes of all pupils, especially the disadvantaged. States must
implement in all public schools and school districts a variety of standards-based
assessments in reading, math and science; make complex annual adequate yearly
progress (AYP) determinations for each public school and district; and require
virtually all public school teachers and aides to meet a variety of qualification
requirements. State AYP policies must incorporate an ultimate goal of all public
school pupils reaching a proficient or higher level of achievement by the end of the
2013-14 school year. Further, participating states must enforce a series of
increasingly substantial consequences for most of their schools and almost all school
districts that fail to meet the AYP standards for two consecutive years or more. All
of these requirements are associated with state participation in the ESEA Title I-A
program.
Other major ESEA programs provide grants to support the education of migrant
students; recruitment of and professional development for teachers; language
instruction for limited English proficient students; drug abuse prevention programs;
after-school instruction and care; expansion of charter schools and other forms of
public school choice; education services for Native American, Native Hawaiian, and
Alaska Native students; Impact Aid to compensate local educational agencies for
taxes foregone due to certain federal activities; and a wide variety of innovative
educational approaches or instruction to meet particular student needs.
This report provides a brief overview of major provisions of the ESEA. It will
not be updated.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Title I: Improving the Academic Achievement
of the Disadvantaged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Part A: Improving Basic Programs Operated by
Local Educational Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Part B: Student Reading Skills Improvement Grants . . . . . . . . . . . . . . . . . . 5
Part C: Education of Migratory Children . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part D: Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk . . . . . . . . . . . . . . . 6
Part E: National Assessment of Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part F: Comprehensive School Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part G: Advanced Placement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part H: School Dropout Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part I: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Title II: Preparing, Training, and Recruiting
High-Quality Teachers and Principals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part A: Teacher and Principal Training and Recruiting Fund . . . . . . . . . . . . 7
Part B: Mathematics and Science Partnerships . . . . . . . . . . . . . . . . . . . . . . . 8
Part C: Innovation for Teacher Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part D: Enhancing Education Through Technology . . . . . . . . . . . . . . . . . . . 8
Title III: Language Instruction for Limited English Proficient and
Immigrant Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part A: English Language Acquisition, Language Enhancement,
and Academic Achievement Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National Programs (Sections 3131 and 3303) . . . . . . . . . . . . . . . . . . . 10
Title IV: 21st Century Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part A: Safe and Drug-Free Schools and Communities . . . . . . . . . . . . . . . 10
Part B: 21st Century Community Learning Centers . . . . . . . . . . . . . . . . . . 11
Part C: Environmental Tobacco Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Title V: Promoting Informed Parental Choice and Innovative Programs . . . . . . 11
Part A: Innovative Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part B: Public Charter Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part C: Magnet Schools Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part D: Fund for the Improvement of Education . . . . . . . . . . . . . . . . . . . . 12
Title VI: Flexibility and Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part A: Improving Academic Achievement . . . . . . . . . . . . . . . . . . . . . . . . 13
Part B: Rural Education Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part C: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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Title VII: Indian, Native Hawaiian, and Alaska Native Education . . . . . . . . . . . 14
Part A: Indian Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part B: Native Hawaiian Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part C: Alaska Native Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Title VIII: Impact Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 8002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 8003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 8007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 8008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Title IX: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part A: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part B: Flexibility in the Use of Administrative and
Other Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part C: Coordination of Programs; Consolidated State and
Local Plans and Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part D: Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part E: Uniform Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part F: Evaluations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

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The Elementary and Secondary
Education Act, as Amended by
the No Child Left Behind Act:
A Primer
Introduction
The primary source of federal aid to K-12 education is the Elementary and
Secondary Education Act (ESEA), particularly its Title I, Part A program of
Education for the Disadvantaged. The ESEA was initially enacted in 1965 (P.L. 89-
10), and was most recently amended and reauthorized by the No Child Left Behind
Act of 2001 (NCLBA, P.L. 107-110). ESEA programs are explicitly authorized
through FY2007, although they were automatically extended for one additional year
when Congress did not act upon reauthorization legislation by December 31, 2005.1
Currently in the 110th Congress, congressional hearings are being conducted in
anticipation of subsequent consideration of legislation to amend and extend the
ESEA.
The NCLBA initiated a major expansion of federal influence on several aspects
of public K-12 education, primarily with the aim of increasing the accountability of
public school systems and individual public schools for improving achievement
outcomes of all pupils, especially the disadvantaged. States must implement in all
public schools and school districts a variety of standards-based assessments in
reading, math and science; make complex annual adequate yearly progress (AYP)
determinations for each public school and district; and require virtually all public
school teachers and aides to meet a variety of qualification requirements. State AYP
policies must incorporate an ultimate goal of all public school pupils reaching a
proficient or higher level of achievement by the end of the 2013-2014 school year.
Further, participating states must enforce a series of increasingly substantial
consequences for most of their schools and almost all school districts that fail to meet
the AYP standards for two consecutive years or more. All of these requirements are
associated with state participation in the ESEA Title I-A program.
Other major ESEA programs provide grants to support the education of migrant
students; recruitment of and professional development for teachers; language
1 The General Education Provisions Act (GEPA) provides that “The authorization of
appropriations for, or duration of, an applicable program shall be automatically extended for
one additional fiscal year unless Congress, in the regular session that ends prior to the
beginning of the terminal fiscal year of such authorization or duration, has passed legislation
that becomes law and extends or repeals the authorization of such program.” (20 USC
1226a)

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CRS-2
instruction for limited English proficient (LEP) students; drug abuse prevention
programs; after-school instruction and care; expansion of charter schools and other
forms of public school choice; education services for Native American, Native
Hawaiian, and Alaska Native students; Impact Aid to compensate local educational
agencies for taxes foregone due to certain federal activities; and a wide variety of
innovative educational approaches or instruction to meet particular student needs.
This report provides a brief overview of major provisions of the ESEA. It is
organized by title and part of the act. Other CRS reports provide much more detailed
discussions and analyses of major ESEA provisions.2 This report will not be
updated.
Title I: Improving the Academic Achievement
of the Disadvantaged
The introductory text for ESEA Title I includes the authorization of
appropriations for FY2002-FY2007 for each Part of the Title, including school
improvement grants, and authority for states to reserve 1% of grants under parts A,
C, and D, or $400,000 (whichever is greater), for state administration.
Part A: Improving Basic Programs
Operated by Local Educational Agencies
Title I, Part A, of the ESEA authorizes federal aid to local educational agencies
(LEAs) for the education of disadvantaged children. Title I-A grants provide
supplementary educational and related services to low-achieving and other pupils
attending pre-kindergarten through grade 12 schools with relatively high
concentrations of pupils from low-income families. It has also become a “vehicle”
to which a number of requirements affecting broad aspects of public K-12 education
for all pupils have been attached as a condition for receiving Title I-A grants.
Title I-A funds are allocated by the U.S. Department of Education (ED) to state
educational agencies (SEAs), which then suballocate grants to LEAs. It is one of the
few federal K-12 formula grant programs for which substate grants are, in most
cases, calculated by ED. Portions of each annual appropriation for Title I-A are
allocated under four different formulas — Basic, Concentration, Targeted, and
Education Finance Incentive Grants — although funds allocated under all of these
formulas are combined and used for the same purposes by recipient LEAs. While the
allocation formulas have several distinctive elements, the primary factors used in all
four formulas are estimated numbers of children aged 5-17 in poor families plus a
state expenditure factor based on average expenditures per pupil for public K-12
education. Other factors included in one or more formulas include weighting
schemes designed to increase aid to LEAs with the highest concentrations of poverty,
and a factor to increase grants to states with high levels of expenditure equity among
2 For a current listing of these reports, see [http://apps.crs.gov/cli/cli.aspx?PRDS_CLI_
ITEM_ID=2487&from=3&fromId=5].

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CRS-3
their LEAs. Each formula also has a LEA hold harmless provision (no LEA may
receive less than 85-95% of its previous year grant, depending on the LEA’s poverty
rate) and a state minimum grant provision (up to either 0.25% or 0.35% of state
grants, depending on the formula).
Within LEAs, Title I-A funds are used to provide supplementary educational
services to pupils at public schools with the highest percentages or numbers of
children from low-income families, as well as eligible pupils who live in the areas
served by these public schools, but who attend private schools.3 While there are
several program rules related to school selection, the participating schools must
generally have a percentage or number of children from low-income families that is
greater than the LEA’s average. LEAs can generally choose to focus Title I-A
services on selected grade levels (e.g., only in elementary schools), but they must
usually provide services in all schools, without regard to their grade level, where the
percentage of pupils from low-income families is 75% or more. Once schools are
selected, Title I-A funds are allocated among them on the basis of their number of
pupils from low-income families.
There are two basic types of Title I-A programs. Schoolwide programs are
authorized if the percentage of low-income pupils served by a school is 40% or
higher. In schoolwide programs, Title I-A funds may be used to improve the
performance of all pupils in a school. For example, funds might be used to provide
professional development services to all of a school’s teachers, upgrade instructional
technology, or implement new curricula. The other major type of Title I-A service
model is the targeted assistance school program. This was the original type of Title
I-A program, under which Title I-A-funded services are generally limited to the
lowest achieving pupils in the school. For example, pupils may be “pulled out” of
their regular classroom for several hours of more intensive instruction by a specialist
teacher each week, or they may receive such instruction in an after-school program,
or funds may be used to hire a teacher’s aide who provides additional assistance to
low achieving pupils in their regular classroom. According to data for the 2002-2003
school year (the latest currently available), 54% of schools receiving Title I-A
operated schoolwide programs, and these schools served 84% of all participating
pupils.4
A number of major accountability requirements apply to public schools in a
state that participates in the Title I-A program. Participating states5 must administer
annual, standards-based assessments in reading and mathematics to pupils in each of
grades 3-8, plus at least once in grades 10-12. Beginning with the 2007-2008 school
year, such assessments must also be administered to pupils in each of three grade
levels (3-5, 6-9, and 10-12) in science. Pupil performance standards for all required
assessments must establish at least three performance levels: advanced, proficient,
3 While Title I-A funds are used to serve eligible private school pupils, funds remain under
the control of public school authorities — i.e., they are not transferred to private schools.
4 U.S. Department of Education. Office of Planning, Evaluation and Policy Development
and Office of Elementary and Secondary Education. State ESEA Title I Participation
Information for 2002-03.
5 Currently, all states participate in ESEA Title I-A.

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CRS-4
and basic. The state assessments must meet a variety of criteria regarding
accommodations for pupils with disabilities and LEP pupils, and linkages between
state content standards, pupil performance standards, and assessments. Participating
states must also administer annual assessments of English language proficiency to all
of their LEP pupils, and participate in National Assessment of Educational Progress
(NAEP) tests of 4th and 8th grade pupils in reading and math every two years.
States participating in Title I-A must use results of the required reading and
math assessments to make annual adequate yearly progress (AYP) determinations.
AYP standards must be applied to all public schools, LEAs, and to states overall.
However, under the ESEA, consequences for failing to meet AYP standards need
only be applied to schools and LEAs participating in Title I-A, and consequences for
states as a whole are limited to potential identification and provision of technical
assistance. AYP is defined primarily on the basis of the percentage of pupils scoring
at a proficient or higher level of achievement. AYP standards must also include at
least one additional academic indicator; in the case of high schools, this must be the
graduation rate.
AYP calculations must be disaggregated — i.e., determined separately for
several demographic groups, as well as for an “all pupils” group. The specified
groups include economically disadvantaged pupils, LEP pupils, pupils with
disabilities, and pupils in major racial and ethnic groups. However, pupil groups
need not be considered if their number is so small that results would not be
statistically significant or the identity of pupils might be divulged (minimum group
size). In order to make AYP, at least 95% of pupils overall and 95% of each
demographic group must participate in assessments. Schools or LEAs meet AYP
standards only if they meet the required threshold levels of performance on
assessments, other academic indicators, and test participation with respect to all of
the designated pupil groups that meet the minimum group size criterion selected by
the state. The primary structure for AYP determination under the ESEA applies the
same required threshold level of achievement to all pupils and schools statewide (a
“status” model). The ESEA also includes a “safe harbor” provision, under which
AYP may be met by a pupil group if it experiences a 10% reduction, compared to the
previous year, in the number of pupils below proficiency. In recent years, there has
been increasing interest in using “growth” models to determine AYP, by which the
achievement of individual pupils is tracked from year to year. Under a pilot program,
a limited number of states are being allowed to use such models.
The ESEA requires states to identify LEAs and schools that fail to meet AYP
standards for two consecutive years for improvement. Pupils attending these schools
must be provided with options to attend other public schools that make AYP. If a
Title I-A school fails to meet AYP standards for a third year, pupils from low-income
families must be offered the opportunity to receive instruction from a supplemental
services provider of their choice. One or more additional “corrective actions,” such
as implementing a new curriculum, must be taken with respect to Title I-A schools
that fail to meet AYP for a fourth year. Finally, those that fail to meet AYP standards
for a sixth year must implement a “restructuring” plan, involving such actions as
reopening as a charter school. Procedures analogous to those for schools apply to
LEAs that receive Title I-A grants and fail to meet AYP requirements.

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CRS-5
Finally, states participating in Title I-A are required to provide that all public
school teachers in core subjects are “highly qualified.” In order to be deemed “highly
qualified,” all such public school teachers must hold at least a bachelor’s degree,
have obtained full state certification or passed the state teacher licensing
examination, and must hold a license to teach. In addition, teachers who are new to
the profession must demonstrate subject area knowledge, including (if teaching at a
secondary level) passing a state academic test or completing an academic major,
graduate degree, or advanced certification in each subject taught. A public school
teacher who is not new to the profession may also be deemed to be “highly qualified”
by demonstrating competence in all subjects taught “based on a high objective
uniform State standard of evaluation” (HOUSSE). Further, paraprofessionals (aides)
providing instruction in Title I-A programs must have either: (a) completed at least
two years of higher education; or (b) earned an associate’s (or higher) degree; or (c)
met a “rigorous standard of quality.”
Part B: Student Reading Skills Improvement Grants
Subpart 1 of Title I-B authorizes the Reading First program. Under Reading
First, grants are allocated among participating states in proportion to their estimated
number of children aged 5-17 in poor families, with each state receiving at least
0.25% of the total funds available for state grants. SEAs then make competitive
subgrants to LEAs, with priority given to LEAs in which the estimated number of
children aged 5-17 in poor families is at least 6,500 or the poverty rate for 5-17 year-
olds is at least 15%. LEAs are to use these funds to improve reading programs for
pupils in grades K-3 in schools that either have percentages of pupils from low-
income families that are among the highest in the LEA or have been identified for
improvement under Title I-A. The supported reading instruction must be grounded
in scientifically based reading research. Subpart 1 also authorizes targeted assistance
performance awards to states that have demonstrated improvements in pupil reading
performance.
The Early Reading First program is authorized under Subpart 2 of Title I-B.
Early Reading First provides competitive grants to LEAs and/or programs serving
preschool children for activities, grounded in scientifically based reading research,
that are intended to help preschool children acquire knowledge and skills necessary
for learning to read.
Subpart 3 of Title I-B authorizes the William F. Goodling Even Start Family
Literacy Programs. Under Even Start, funds are allocated to states in proportion to
grants under Title I-A, with a minimum state grant amount of the greater of $250,000
or 0.5% of total funding for state grants. Within states, funds are competitively
awarded to partnerships of LEAs and other entities to provide a combination of
services to parents and children, from birth to age 7, including early childhood
education, adult basic education, and parenting skills training to parents lacking a
high school diploma.
Subpart 4 of Title I-B authorizes grants to LEAs to improve the services
provided by school libraries. If annual appropriations are less than $100 million (as
has been the case each year thus far), competitive grants to LEAs are made directly
by ED; if appropriations were $100 million or above, grants would be made by

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CRS-6
formula to SEAs, in proportion to Title I-A grants, and SEAs would make
competitive grants to LEAs.
Part C: Education of Migratory Children
Title I-C authorizes grants to SEAs for the education of migratory children and
youth. Funds are allocated by formula on the basis of each state’s number of
migratory children and youth aged 3-21 and the Title I-A state expenditure factor.
ED may also make grants for the coordination of services and transfer of educational
records for migratory students.
Part D: Prevention and Intervention Programs for Children
and Youth Who Are Neglected, Delinquent, or At-Risk
Title I-D authorizes a pair of programs intended to improve education for pupils
who are neglected, delinquent, or at risk of dropping out of school. Subpart 1
authorizes grants for the education of children and youth in state institutions for the
neglected or delinquent, including community day programs and adult correctional
institutions. Funds are allocated to states on the basis of the number of such children
and youth plus the Title I-A state expenditure factor. A portion of each state’s grant
is to be used for transition services to children and youth transferring to regular
public schools. Subpart 2 provides aid for programs operated by LEAs in
collaboration with locally operated correctional facilities, and in coordination with
the Title I-A program.
Part E: National Assessment of Title I
Title I-E requires ED to conduct a national assessment of Title I programs,
including a national longitudinal study of schools participating in Title I-A and an
evaluation of assessments used to meet the accountability requirements of Title I-A.
Part E also authorizes grants for the demonstration of innovative practices in serving
pupils assisted under Title I programs, and grants to the Close-Up Foundation of
Washington, DC, for civic education programs.
Part F: Comprehensive School Reform
Title I-F authorizes grants via SEAs to LEAs to implement comprehensive
reform strategies in schools participating in Title I-A. With the exception of an
information and technical assistance clearinghouse, this program is not currently
funded.
Part G: Advanced Placement Programs
Title I-G authorizes grants to SEAs to pay advanced placement test fees on
behalf of low-income individuals, as well as grants to SEAs, LEAs, or nonprofit
educational entities with relevant expertise, to support activities intended to expand
access to advanced placement programs for low-income individuals.

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CRS-7
Part H: School Dropout Prevention
At annual appropriations levels of $75 million or less (as has been the case each
year thus far), Title I-H authorizes competitive grants to SEAs or LEAs for dropout
prevention and reentry programs in high schools with dropout rates above the state
average plus middle schools whose graduates attend these high schools. At annual
appropriations levels above $75 million but less than $250 million, competitive
grants would be made to SEAs for dropout prevention and reentry services to be
provided via competitive subgrants to LEAs. If annual appropriations were $250
million or above, grants would be made by formula (in proportion to Title I-A grants)
to SEAs, with competitive subgrants to LEAs. At all funding levels, the Secretary
of Education is authorized to carry out a variety of activities as part of a “coordinated
national strategy” for dropout prevention and reentry.
Part I: General Provisions
Title I-I provides for the development of federal regulations for Title I programs,
state administration of these programs, and a selected number of LEA Title I-A
audits. Part I also prohibits federal control of the “specific instructional content,
academic achievement standards and assessments, curriculum or program of
instruction” of states, LEAs, or schools (Sec. 1905), and states that nothing in Title
I is to be “construed to mandate equalized spending per pupil for a State, local
educational agency, or school” (Sec. 1906).
Title II: Preparing, Training, and
Recruiting High-Quality Teachers and Principals
Part A: Teacher and Principal Training and Recruiting Fund
Subpart 1 authorizes a program of state grants that may be used for a variety of
purposes related to recruitment, retention, and professional development of K-12
teachers and principals. In the allocation of funds, each state first receives an amount
equal to its FY2001 grant under two antecedent programs (the Eisenhower
Professional Development and the Class Size Reduction programs), and remaining
funds, if any, are allocated as follows: 35% on the basis of total population aged 5-
17, and 65% on the basis of population aged 5-17 in poor families, with a state
minimum grant amount of 0.5% of funds available for state grants. SEAs may
reserve a share of funds for administration and statewide services, such as teacher or
principal support programs or certification reform, and must suballocate at least 95%
of grants to LEAs under Subpart 2. In making grants to LEAs under Subpart 2, each
LEA first receives an amount equal to its FY2001 grant under the two antecedent
programs noted above, and remaining funds, if any, are allocated as follows: 20%
on the basis of total population aged 5-17, and 80% on the basis of population aged
5-17 in poor families. LEAs may use these grants for purposes that include recruiting
and retaining highly qualified teachers, and professional development activities for
teachers and principals, consistent with a locally developed needs assessment.

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CRS-8
Subpart 3 authorizes grants to partnerships for sustained, high quality
professional development services for teachers, principals, and paraprofessionals.
Eligible partnerships must include an institution of higher education (IHE) with a
teacher or principal education department, a school of arts and sciences within an
IHE, a high-need LEA (defined as an LEA with either a school-age child poverty rate
of 20% or with 10,000 school-age children in poor families, and a high percentage
of teachers who are not fully certified or who are not teaching in fields or grade levels
for which they were trained), and possibly additional organizations. Additional
provisions of Part A authorize national activities, such as support for principal
recruitment, advanced certification, and early childhood educator professional
development programs, plus a National Panel on Teacher Mobility.
Part B: Mathematics and Science Partnerships
Part B authorizes grants to eligible partnerships — that include an SEA (if
annual appropriations are $100 million or above), an engineering, mathematics, or
science department of an IHE, and a high-need LEA (as defined in Part A) — for
activities that include professional development, summer workshops or institutes, and
recruitment of mathematics and science teachers, as well as development of rigorous
curricula in these fields.
Part C: Innovation for Teacher Quality
Subpart 1 authorizes a pair of programs designed to encourage former members
of the armed services to become teachers (Troops to Teachers), and to support
alternative certification programs for mid-career professionals and others to become
teachers through non-standard routes, especially in high-need LEAs (as defined in
Part A) or schools (Transition to Teachers). Subpart 2 authorizes grants to a
nonprofit organization, the National Writing Project, which, through a series of
contracts with IHEs and other nonprofit entities, provides professional development
training to teachers of writing. Subpart 3 authorizes a pair of grants to nonprofit
organizations, the Center for Civic Education and the National Council on Economic
Education, as well as other organizations experienced in the development of civic
and economic educational materials for use in the schools of other nations. These
grants are used to support civic education in U.S. schools, plus civic and economic
educational exchange programs between the United States and Central or Eastern
European nations, Ireland, or any developing country. Subpart 4 authorizes the
Teaching of Traditional American History program, under which competitive grants
are made for instructional improvement to partnerships that include an IHE, a
nonprofit history or humanities organization, and a library or museum. Subpart 5
sets limits on the liability of teachers for actions taken to maintain classroom
discipline; it applies to states that receive funds under any ESEA program.
Part D: Enhancing Education Through Technology
Subpart 1 of Part D authorizes grants to SEAs and LEAs to increase access to
educational technology, support the integration of technology into instruction,
enhance technological literacy, and support technology-related professional
development of teachers. Funds are allocated to states in proportion to Title I-A

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grants, with a state minimum grant amount of 0.5% of total funding for state grants.
At least 95% of state grants must be allocated to LEAs (and consortia of LEAs and
other entities) — 50% by formula, in proportion to Title I-A grants, and 50%
competitively. Subpart 2 authorizes support for national activities related to
educational technology, including development of a national long range technology
plan. Subpart 3 authorizes the Ready-to-Learn Television program, under which
support is provided to one or more public telecommunications entities to support the
production and distribution of educational programs for preschool and elementary
school pupils and their parents to support school readiness and student academic
achievement. Subpart 4 requires LEAs or schools receiving aid under Part D to
establish and implement Internet safety policies designed to prevent minors from
accessing material that is obscene, includes child pornography, or is harmful to
minors, and prevent adults from accessing material that is obscene or includes child
pornography.
Title III: Language Instruction for
Limited English Proficient and Immigrant Students
Title III of the ESEA authorizes funds to support the education of LEP and
immigrant students. For fiscal years in which appropriations equal or exceed $650
million, Title III, Part A, the English Language Acquisition, Language Enhancement,
and Academic Achievement Act, is in effect. If appropriations are less than $650
million, Title III, Part B, Improving Language Instruction Educational Programs, is
in effect. Since FY2002, appropriations have exceeded $650 million, meaning only
Title III, Part A has been in effect. Therefore, only Part A is discussed below.
Part A: English Language Acquisition,
Language Enhancement, and Academic Achievement Act
Title III-A was designed to help ensure that LEP students, including immigrant
students, attain English proficiency, develop high levels of academic attainment in
English, and meet the same state academic content and student academic
achievement standards that all students are expected to meet. Formula grant
allocations are made to states based on the proportion of LEP students and immigrant
students in each state relative to all states. These amounts are weighted by 80% and
20%, respectively, resulting in a formula allocation based primarily on the number
of LEP students in each state. States make subgrants to eligible entities (often LEAs)
based on the relative number of LEP students in schools served by the eligible entity.
States are also required to reserve up to 15% of the state allocation to make grants to
eligible entities that have experienced a significant increase in the number of
immigrant students enrolled in schools in the geographic area served by the eligible
entity.
Eligible entities receiving subgrants are required to use funds for two activities.
Funds must be used to increase the English language proficiency of LEP students by
providing high-quality instructional programs that are grounded in scientifically
based research that demonstrates the program is effective in increasing English
language proficiency and student academic achievement in core academic subjects.

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Funds must also be used to provide high-quality professional development to school
staff or community-based personnel that work with LEP students. Eligible entities
receiving grants from the funds reserved specifically for immigrant students are
required to use these funds to support activities that “provide enhanced instructional
opportunities” for immigrant students.
Each SEA is required to develop and hold eligible entities responsible for
meeting annual measurable achievement objectives (AMAOs) for LEP students.
AMAOs must include objectives for the following measures:
! Annual increases in the number or percentage of students making
progress in attaining English proficiency;
! Annual increases in the number or percentage of students attaining
English proficiency by the end of each school year; and
! AYP targets for LEP students on annual assessments (under Title I-
A).

While Title III-A focuses on the education of LEP students, Title I-A also
contains provisions that specifically apply to this student population. For example,
Title I-A requires that LEAs annually assess the English proficiency of all students
with limited English proficiency (Section 1111(b)(7)). These assessments must
measure students’ speaking, listening, reading, and writing skills in English.
National Programs (Sections 3131 and 3303). In the reservations of
funds made under Title III-A, funds are provided to support two specific national
programs: (1) the National Professional Development Project; and (2) the National
Clearinghouse. Under the National Professional Development Project, grants are
awarded on a competitive basis for a period of up to five years to IHEs working in
consortia with SEAs or LEAs to provide for professional development activities that
will improve classroom instruction for LEP students and to help personnel working
with these students to meet professional standards (e.g., licensure, certification). The
National Clearinghouse is responsible for collecting, analyzing, synthesizing, and
disseminating information about language instruction educational programs for LEP
students and related programs.
Title IV: 21st Century Schools
Title IV of the ESEA authorizes the Safe and Drug-Free Schools and
Communities program (Part A) and the 21st Century Community Learning Centers
(Part B). It also includes requirements related to the provision of services for
children in smoke-free environments (Part C).
Part A: Safe and Drug-Free Schools and Communities
Title IV-A is the federal government’s major initiative to prevent drug abuse
and violence in and around schools. One-half of state grant funds is allocated on the
basis of total population aged 5-17, and one-half is allocated in proportion to Title
I-A concentration grants, with a minimum grant amount of the greater of 0.5% of

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total funding for state grants or each state’s grant for FY2001. SEAs subsequently
make formula grants to LEAs based on each LEA’s share of total Title I-A funding
(60%) and share of enrollment in public and private nonprofit elementary and
secondary schools (40%). Title IV-A also provides funds to state governors to create
programs to deter youth from using drugs and committing violent acts in schools.
National programs supporting a variety of national leadership projects designed to
prevent drug abuse and violence in elementary and secondary schools (e.g., the Safe
Schools/Healthy Students initiative) are also funded under Title IV-A.
Part B: 21st Century Community Learning Centers
Title IV-B supports activities provided during non-school hours that offer
learning opportunities for school-aged children. Formula grants are made to states
based on the proportion of Title I-A funds received by each state relative to the total
amount of funding provided through Title I-A. States subsequently award grants to
local entities (e.g., LEAs, community-based organizations) on a competitive basis for
a period of three to five years. SEAs are required, to the extent possible, to distribute
funds equitably among the various geographic areas within the state, including urban
and rural communities. Eligible entities are to serve primarily students who attend
schools eligible for schoolwide programs under Title I-A and the families of these
students. Eligible entities may use funds for before- and after-school activities that
advance student academic achievement. The program’s focus, however, is currently
on providing after-school activities for children and youth, and literacy-related
activities for their families.
Part C: Environmental Tobacco Smoke
Title IV-C prohibits smoking in facilities providing elementary or secondary
education or library services to children, if the services are funded directly or
indirectly by the federal government, or the facility is constructed, operated, or
maintained using federal funds.
Title V: Promoting Informed Parental Choice
and Innovative Programs
Part A: Innovative Programs
Part A authorizes the Innovative Programs block grant program, under which
aid is provided to SEAs and LEAs that can be used for an especially wide range of
educational services and activities. Part A grants are allocated to states on the basis
of total population aged 5-17, with a state minimum grant amount of 0.5% of total
funding for state grants. At least 85% of Title V-A funds must be allocated by SEAs
to LEAs on the basis of state-developed formulas that take into consideration each
LEA’s enrollment of pupils in public and private schools, with adjustments to
provide increased grants per pupil to LEAs with the greatest numbers or percentages
of “high cost” pupils, including those from economically disadvantaged families and
those living in sparsely populated areas or areas of concentrated poverty.

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Of the Part A funds that may be retained by states, no more than 15% may be
used for administrative costs; remaining funds reserved by states are to be used for
one or more of seven specified types of programs and services, including the broad
categories of statewide education reform, school improvement programs and
technical assistance activities. LEAs may use their Part A funds for any of 27
different types of “innovative assistance programs.” While several of these are
relatively specific (e.g., programs to provide same gender schools and classrooms),
others are more general (e.g., promising education reform projects).
Part B: Public Charter Schools
Subpart 1 authorizes grants to SEAs or, if a state’s SEA chooses not to
participate, charter school developers, to support the development and initial
implementation of public charter schools. Priority in awarding grants is to be given
to states with charter school policies meeting such criteria as holding charter schools
accountable for meeting clear and measurable objectives, or establishing one or more
public chartering agencies that are not LEAs. Up to 5% of program funds may be
reserved by ED for technical assistance to, plus studies of, charter schools. Subpart
1 also includes general provisions for allocations to charter schools under ESEA and
other federal formula grant programs. Subpart 2 authorizes ED to make grants to
three or more entities to demonstrate innovative ways to help charter schools acquire
appropriate facilities. Subpart 3 authorizes competitive grants to SEAs, LEAs, or
partnerships of these entities with nonprofit organizations for programs to expand
public school options for K-12 students.
Part C: Magnet Schools Assistance
Part C provides grants to plan and operate magnet schools — public schools of
choice designed to encourage voluntary enrollment by students of different racial
backgrounds.
Part D: Fund for the Improvement of Education
Part D authorizes a series of competitive grant programs intended to support a
variety of innovative K-12 educational activities. It includes both a broad authority
for innovative activities selected at the discretion of the Secretary of Education, and
a series of required studies (on unhealthy public school buildings, exposure of
children to violent entertainment, and sexual abuse in schools), in Subpart 1, and a
number of specific activities in Subparts 2-21. The availability of funds for any of
these subparts, and the level of actual discretion for the Secretary, within a single
appropriations authorization for all of Part D, is determined through annual
appropriations legislation.
The specific programs authorized in Subparts 2-21 of Part D include Elementary
and Secondary School Counseling Programs; Partnerships in Character Education;
Smaller Learning Communities; Gifted and Talented Students; Star Schools
Program; Ready to Teach; Foreign Language Assistance Program; Physical
Education; Community Technology Centers; Educational, Cultural, Apprenticeship,
and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical

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Whaling and Trading Partners in Massachusetts; Excellence in Economic Education;
Grants to Improve the Mental Health of Children; Arts in Education; Parental
Assistance and Local Family Information Centers; Combating Domestic Violence;
Healthy, High-Performance Schools; Grants for Capital Expenses of Providing
Equitable Services for Private School Students; Additional Assistance for Certain
Local Educational Agencies Impacted by Federal Property Acquisition; and the
Women’s Educational Equity Act.
Title VI: Flexibility and Accountability
Part A: Improving Academic Achievement
Subpart 1 of Part A authorizes grants to states for the development and
enhancement of assessments meeting the requirements of Title I-A. In the allocation
of funds, each state first receives $3 million per year, and remaining funds, if any, are
allocated in proportion to population aged 5-17.
Subpart 2 of Part A allows most LEAs to transfer up to 50% of their formula
grants among selected ESEA programs, and to transfer funds from these programs
into, but no funds out of, Title I-A. States may transfer up to 50% of the funds under
the selected ESEA programs over which they have authority, except for
administrative funds, among a number of ESEA programs. States may also transfer
these funds into, but not out of, Title I-A.
Subpart 3 of Part A authorizes a pair of regulatory flexibility programs, State-
Flex and Local-Flex. Under State-Flex, up to seven states may consolidate all of
their state administration and state activity funds under a number of ESEA programs
and use these funds for any purpose authorized under any ESEA program. Under a
companion Local-Flex authority, a limited number of LEAs may consolidate all of
their funds under a number of ESEA programs, and use these funds for any purpose
authorized under any ESEA program. Under both the state and local flexibility
demonstration programs, a limited number of specified types of requirements —
including those regarding civil rights, fiscal accountability (particularly the
requirement that funds be used only to supplement, and not supplant, non-federal
funds), and equitable participation by private school pupils and teachers — may not
be waived.
Subpart 4 of Part A requires the Secretary of Education to review whether
participating states overall (i.e., not individual LEAs or schools) meet the adequate
yearly progress requirements of Title I-A and the annual measurable achievement
objectives of Title III-A. The Secretary is to provide technical assistance to states
that fail to meet either of these requirements for 2 consecutive years, and to submit
reports to Congress listing such states.
Part B: Rural Education Initiative
Subpart 1 of Part B authorizes the Small, Rural School Achievement Program
(SRSA), that provides flexibility in the use of funds under several ESEA programs

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to rural LEAs with fewer than 600 pupils (or meeting certain other criteria). Eligible
LEAs may also receive additional grants, although these are offset by amounts
received under certain ESEA programs. Subpart 2 authorizes the Rural and Low-
Income School Program (RLIS), under which grants are made to rural LEAs that do
not receive grants under the SRSA program and that have a school-age child poverty
rate of 20% or more. The RLIS grants may be used for a variety of ESEA-related
purposes.
Part C: General Provisions
Part C contains one of several prohibitions against federal control of educational
curriculum, standards, and assessments (others may be found in Title I-I and Title IX-
E of the ESEA, as well as other statutes). Title VI-C also contains a number of
provisions regarding the National Assessment of Educational Progress that were
primarily designed to support the NAEP participation requirements under Title I-A.
Title VII: Indian, Native Hawaiian,
and Alaska Native Education
Part A: Indian Education
Subpart 1 of Part A authorizes grants to LEAs and to schools operated or funded
by the Bureau of Indian Affairs (BIA). Eligible LEAs must meet Indian pupil
enrollment thresholds of at least 10 pupils or 25% of total enrollment (the thresholds
do not apply if the LEA is located in Alaska, California, or Oklahoma, or on or near
an Indian reservation). Formula grants are allocated on the basis of the number of
Indian pupils and the greater of the average expenditure per pupil for the state or 80%
of the national average. The formula grants may be consolidated with grants under
other federal education programs serving Indian pupils (under a demonstration
project authority); and may be used for comprehensive programs of educational
services for Indian pupils, such as culturally related activities and curriculum content,
substance abuse prevention, and family literacy programs. Subpart 2 of Part A
authorizes competitive grants to SEAs, LEAs, Indian tribes and organizations, BIA
operated or supported schools, Indian institutions (such as IHEs), or consortia of
these entities for such activities as early childhood education and teacher professional
development. Subpart 3 authorizes a variety of national activities intended to
improve education for Indian students, such as research, postsecondary education
fellowships, programs for gifted and talented Indian pupils, adult education
programs, and education planning and administration grants to Indian tribes. Subpart
4 establishes the National Advisory Council on Indian Education, and authorizes a
preference for Indian applicants under Part A grant programs.
Part B: Native Hawaiian Education
Part B authorizes a consolidated program of competitive grants to Native
Hawaiian educational or community-based organizations, or other public or private
nonprofit organizations with experience in operating Native Hawaiian programs, or
consortia of these entities to provide a wide variety of services intended to improve

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education for Native Hawaiians. In the awarding of grants, priority is to be given to
activities that are intended to: improve reading skills for Native Hawaiian pupils in
grades K-3; meet the needs of at-risk children and youth; increase participation by
Native Hawaiians in fields or disciplines in which they are underemployed; or
increase the use of the Hawaiian language in instruction. Specifically authorized
activities include early childhood education and care, postsecondary education
scholarships, and services for Native Hawaiian students with disabilities. Title VII-B
establishes a Native Hawaiian Education Council, and supports the establishment of
individual island councils.
Part C: Alaska Native Education
Part C authorizes competitive grants for a variety of activities and services
intended to improve education for Alaska Natives. Eligible grantees include Alaska
Native organizations, entities with experience operating Alaska Native programs or
instruction in Alaska Native languages, or other organizations, including SEAs and
LEAs, in consortia with Alaska Native organizations. Priority is to be given to
applicants that include Alaska Native regional nonprofit organizations. Authorized
uses of grants include the development of curriculum materials that address the
special needs of Alaska Native students, family literacy services, support for Alaska
Native students in teacher preparation programs, home instruction programs, and
cultural education and exchange programs.
Title VIII: Impact Aid
Title VIII of the ESEA, Impact Aid, compensates LEAs for “substantial and
continuing financial burden” resulting from federal activities. These activities
include federal ownership of certain lands, as well as the enrollments in LEAs of
children of parents who work and/or live on federal land (e.g., children of parents in
the military and children living on Indian lands). The federal government provides
compensation because these activities deprive LEAs of the ability to collect property
or other taxes from these individuals (e.g., members of the Armed Forces living on
military bases) even though the LEAs are obligated to provide free public education
to their children. Thus, Impact Aid is intended to compensate LEAs for the resulting
loss of tax revenue.
Title VIII authorizes several types of Impact Aid payments. These include
payments under Section 8002, Section 8003, Section 8007, and Section 8008.6 Each
of these types of payments is discussed briefly below.
Section 8002. Section 8002 compensates LEAs for the federal ownership of
certain property. To qualify for compensation, the federal government must have
acquired the property, in general, after 1938, and the assessed value of the land at the
6 Other significant Impact Aid provisions include Section 8004, which details policies
regarding children residing on Indian lands, and Section 8009, which prohibits states from
considering Impact Aid payments in determining state aid to LEAs, unless the state has an
approved program to equalize expenditures among LEAs.

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time it was acquired must have represented at least 10% of the assessed value of all
real property within an LEA’s area of service.
Section 8003. Section 8003 compensates LEAs for enrolling “federally
connected” children. These are children who reside with a parent who is a member
of the Armed Forces living on or off federal property; reside with a parent who is an
accredited foreign military officer living on or off federal property; reside on Indian
lands; reside in low-rent public housing; or reside with a parent who is a civilian
working and/or living on federal land.
Two payments are made under Section 8003. Section 8003(b) authorizes “basic
support payments” for federally connected children. Basic support payments are
allocated directly to LEAs by ED based on a formula that uses weights assigned to
different categories of federally connected children and cost factors to determine
maximum payment amounts. Section 8003(d) authorizes additional payments to
LEAs based on the number of certain children with disabilities who are eligible to
receive services under the Individuals with Disabilities Education Act (IDEA).
Payments are limited to certain IDEA-eligible children, most notably those whose
parents are members of the Armed Forces (residing on or off military bases), and
those residing on Indian lands. Section 8003 payments account for more than 90%
of total Impact Aid appropriations.
Section 8007. Section 8007 provides funds for construction and facilities
upgrading to certain LEAs with high percentages of children living on Indian lands
or children of military parents. These funds are used to make formula and
competitive grants.
Section 8008. Section 8008 provides funds for emergency repairs and
comprehensive capital improvements to 33 schools that ED owns but LEAs use to
serve federally connected children. Two of the schools are located on closed military
bases, and 31 facilities are operated by LEAs. Statutory language requires ED to
transfer ownership of these facilities to LEAs or other entities.
Title IX: General Provisions
Part A: Definitions
Part A provides definitions of a variety of terms used frequently throughout the
ESEA, such as “local educational agency,” “state educational agency,” “highly
qualified teacher,” “limited English proficient,” “professional development,”
“scientifically based research,” and “state.”
Part B: Flexibility in the Use
of Administrative and Other Funds
Part B authorizes SEAs and LEAs to consolidate and jointly use funds available
for administration under multiple ESEA programs. In order to qualify for this

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flexibility, SEAs must demonstrate that a majority of their resources are provided
from non-federal sources.
Part C: Coordination of Programs;
Consolidated State and Local Plans and Applications
Part C authorizes SEAs and LEAs to prepare single, consolidated plans and
reports for all “covered” ESEA programs (in general, these are the formula grant
programs administered via SEAs).
Part D: Waivers
Under this provision, the Secretary of Education is authorized to waive most
requirements associated with any program authorized by the ESEA, if specifically
requested by SEAs, LEAs, Indian tribes or schools (via their LEAs).
Part E: Uniform Provisions
Subpart 1 of Part E contains provisions for the participation of private school
pupils and staff in those ESEA programs where such participation is authorized.7
Under the relevant ESEA programs, services provided to private school pupils or
staff are to be equitable in relation to the number of such pupils or staff eligible for
each program; are to be secular, neutral and nonideological, with no funds to be used
for religious worship or instruction; and are to be developed through consultation
between public and private school officials. Provision is made for bypassing SEAs
and LEAs that cannot or have not provided equitable services to private school pupils
or staff, and serving private school pupils and staff in these areas through neutral,
third-party organizations. Provision is also made for the submission of complaints
regarding implementation of these requirements. Subpart 1 also prohibits federal
control of private or home schools, or the application of any ESEA requirement to
any private or home school whose pupils and staff do not receive services under any
ESEA program.
Subpart 2 of Part E contains a general definition of “maintenance of effort,” as
applied in several ESEA programs; requires ED to publish guidance on prayer in
public schools, and requires LEAs receiving ESEA funds to certify to their SEAs that
they do not limit the exercise of “constitutionally protected prayer” in public schools;
requires recipient SEAs, LEAs, and public schools that have a “designated open
forum” to provide equal access to the Boy Scouts; prohibits the use of ESEA funds
to “promote or encourage sexual activity;” prohibits federal control of educational
curriculum, content or achievement standards, building standards, or allocation of
resources; prohibits federally sponsored testing of pupils or teachers; and requires
LEAs receiving funds under any ED program to provide to the armed services access
to directory information on secondary school students, unless students or their
parents request that such information not be released (this provision does not apply
7 Several ESEA programs have relatively brief private school pupil or staff participation
provisions that refer to Title IX-E for details, and there are separate, detailed private school
participation provisions in Titles I-A and V-A.

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to certain religiously affiliated private schools). Finally, under an “Unsafe School
Choice Option,” pupils in states receiving ESEA funds who attend a “persistently
dangerous” public school, or who are victims of violent crime at school, are to be
offered the opportunity to transfer to a safe public school.
Part F: Evaluations
Part F authorizes ED to reserve 0.5% of the funds appropriated for ESEA
programs, other than Titles I and III, for program evaluations, if funds for this
purpose are not separately authorized.

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