The Elementary and Secondary Education Act,
as Amended by the No Child Left Behind Act:
A Primer
Rebecca R. Skinner
Specialist in Education Policy
January 14, 2013
Congressional Research Service
7-5700
www.crs.gov
RL33960
CRS Report for Congress
Pr
epared for Members and Committees of Congress
The Elementary and Secondary Education Act, as Amended: 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 (NCLB, P.L. 107-110). The NCLB
authorized virtually all ESEA programs through FY2008. It is widely expected that the 113th
Congress will consider whether to amend and extend the ESEA.
The NCLB 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 students, 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 students 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.
While Congress has not enacted legislation to reauthorize the ESEA, the Administration has made
available an ESEA flexibility package that waives various academic accountability requirements,
teacher qualification-related requirements, and funding flexibility requirements that were enacted
through NCLB. In exchange for these waivers, states must agree to meet four principles
established by the U.S. Department of Education (ED) for “improving student academic
achievement and increasing the quality of instruction.” The four principles, as stated by ED, are
as follows: (1) college- and career-ready expectations for all students; (2) state-developed
differentiated recognition, accountability, and support; (3) supporting effective instruction and
leadership; and (4) reducing duplication and unnecessary burden.
Taken collectively, the waivers and principles included in the ESEA flexibility package amount to
a fundamental redesign by the Administration of many of the accountability and teacher-related
requirements included in current law. As of December 2012, ED had approved ESEA flexibility
package applications for 34 states and the District of Columbia and was reviewing applications
from several other states. If Congress considers ESEA reauthorization during the 113th Congress,
it is possible that provisions included in any final bill may be similar to or override the waivers
and principles established by the Administration.
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The Elementary and Secondary Education Act, as Amended by the No Child Left Behind A
This report focuses only on current law and does not discuss the details of the ESEA flexibility
package or how it modifies current law. For more information about the ESEA flexibility
package, see CRS Report R42328, Educational Accountability and Secretarial Waiver Authority
Under Section 9401 of the Elementary and Secondary Education Act.
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The Elementary and Secondary Education Act, as Amended: A Primer
Contents
Introduction ...................................................................................................................................... 1
Recent ESEA Flexibility Provided by the Administration ............................................................... 2
Title I: Improving the Academic Achievement of the Disadvantaged ............................................. 3
School Improvement Grants ...................................................................................................... 3
Part A: Improving Basic Programs Operated by Local Educational Agencies .......................... 4
Part B: Student Reading Skills Improvement Grants ................................................................ 6
Part C: Education of Migratory Children .................................................................................. 7
Part D: Prevention and Intervention Programs for Children and Youth Who Are
Neglected, Delinquent, or At-Risk ......................................................................................... 7
Part E: National Assessment of Title I ....................................................................................... 8
Part F: Comprehensive School Reform ..................................................................................... 8
Part G: Advanced Placement Programs ..................................................................................... 8
Part H: School Dropout Prevention ........................................................................................... 8
Part I: General Provisions .......................................................................................................... 8
Title II: Preparing, Training, and Recruiting High-Quality Teachers and Principals ....................... 9
Part A: Teacher and Principal Training and Recruiting Fund .................................................... 9
Part B: Mathematics and Science Partnerships ......................................................................... 9
Part C: Innovation for Teacher Quality ................................................................................... 10
Part D: Enhancing Education Through Technology ................................................................ 10
Title III: Language Instruction for Limited English Proficient and Immigrant Students .............. 11
Part A: English Language Acquisition, Language Enhancement, and Academic
Achievement Act .................................................................................................................. 11
National Programs (Sections 3131 and 3303) ................................................................... 12
Title IV: 21st Century Schools ........................................................................................................ 12
Part A: Safe and Drug-Free Schools and Communities ........................................................... 12
Part B: 21st Century Community Learning Centers ................................................................. 12
Part C: Environmental Tobacco Smoke ................................................................................... 13
Title V: Promoting Informed Parental Choice and Innovative Programs ...................................... 13
Part A: Innovative Programs ................................................................................................... 13
Part B: Public Charter Schools ................................................................................................ 13
Part C: Magnet Schools Assistance ......................................................................................... 14
Part D: Fund for the Improvement of Education ..................................................................... 14
Title VI: Flexibility and Accountability ......................................................................................... 15
Part A: Improving Academic Achievement ............................................................................. 15
Part B: Rural Education Initiative ........................................................................................... 15
Part C: General Provisions ...................................................................................................... 16
Title VII: Indian, Native Hawaiian, and Alaska Native Education ................................................ 16
Part A: Indian Education ......................................................................................................... 16
Part B: Native Hawaiian Education ......................................................................................... 16
Part C: Alaska Native Education ............................................................................................. 17
Title VIII: Impact Aid .................................................................................................................... 17
Title IX: General Provisions .......................................................................................................... 18
Part A: Definitions ................................................................................................................... 18
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The Elementary and Secondary Education Act, as Amended: A Primer
Part B: Flexibility in the Use of Administrative and Other Funds........................................... 18
Part C: Coordination of Programs; Consolidated State and Local Plans and
Applications.......................................................................................................................... 19
Part D: Waivers ........................................................................................................................ 19
Part E: Uniform Provisions ..................................................................................................... 19
Part F: Evaluations .................................................................................................................. 20
Tables
Table A-1. Appropriations for Programs Authorized by the Elementary and Secondary
Education Act (ESEA): FY2010–FY2012 .................................................................................. 21
Appendixes
Appendix A. Appropriations for Programs Authorized by the ESEA............................................ 21
Appendix B. Selected Acronyms Used in This Report .................................................................. 26
Contacts
Author Contact Information........................................................................................................... 27
Acknowledgments ......................................................................................................................... 27
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The Elementary and Secondary Education Act, as Amended: 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 (NCLB, P.L. 107-110). The NCLB
authorized virtually all ESEA programs through FY2008.1 During the 112th Congress, both the
House and Senate considered legislation to reauthorize the ESEA.2 It is widely expected that the
113th Congress will consider whether to amend and extend the ESEA.
The NCLB 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 students, especially the
disadvantaged. Accountability requirements included in Title I-A of the ESEA require states to
implement content and performance standards and assessments aligned with these standards for
reading/language arts and mathematics for multiple grades. The results of these assessments are
used to make complex annual adequate yearly progress (AYP) determinations for each public
school and local educational agency (LEA). A series of increasingly substantial consequences
must be applied to schools and LEAs that fail to meet the AYP standards for two consecutive
years or more. Accountability requirements also extend to virtually all public school teachers and
aides with respect to their qualifications. As discussed in a subsequent section of this report, the
Administration has taken actions to alter many of these requirements.
Beyond Title I-A, 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 (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 forgone due to certain federal activities;
and a wide variety of innovative educational approaches or instruction to meet particular student
needs.
Annual appropriations for ESEA programs are provided through the Departments of Labor,
Health and Human Services, and Education, and Related Agencies (L-HHS-ED) Appropriations
Act. Table A-1 provides FY2010, FY2011, and FY2012 appropriations for programs authorized
by the ESEA based on line-item amounts included in appropriations tables. This list of
“programs” does not take into account the number of programs, projects, or activities that may be
funded under a single line-item appropriation, so the actual number of ESEA programs, projects,
1 While authorizations for ESEA programs have expired, appropriations continue to be provided for these programs.
For more information on the relationship between authorizations and appropriations, see CRS Report RS20371,
Overview of the Authorization-Appropriations Process, by Bill Heniff Jr., or CRS Report R42388, The Congressional
Appropriations Process: An Introduction, by Jessica Tollestrup.
2 On October 20, 2011, the Senate Health, Education, Labor, and Pensions (HELP) Committee considered and ordered
reported the Elementary and Secondary Education Reauthorization Act of 2011 (S. 3578; S.Rept. 112-221) by a
bipartisan vote of 15-7. The House Education and Workforce Committee considered and ordered reported two bills that
together would provide for a comprehensive reauthorization of the ESEA: (1) the Student Success Act (H.R. 3989,
H.Rept. 112-458), and (2) the Encouraging Innovation and Effective Teachers Act (H.R. 3990; H.Rept. 112-459 Part
1). Both bills were ordered reported on February 28, 2012, on strictly partisan votes (23-16 in each case). No further
action was taken on S. 3578, H.R. 3989, or H.R. 3990.
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or activities being supported through appropriations is not shown. Final FY2013 appropriations
have not yet been enacted by Congress. Appropriations are currently being provided through a
Continuing Resolution (CR; P.L. 112-175) through March 27, 2013. The CR generally maintains
funding for discretionary programs at their FY2012 rates, plus 0.612%.3
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.4 Appendix B provides a list of selected acronyms used in the report.
Recent ESEA Flexibility Provided by the
Administration
While Congress has not enacted legislation to reauthorize the ESEA, on September 23, 2011,
President Obama and the Secretary announced the availability of an ESEA flexibility package for
states and described the principles that states must meet to obtain the included waivers. The
waivers apply to school years 2011-2012, 2012-2013, and 2013-2014. States have the option to
apply for a one-year waiver extension for the 2014-2015 school year.
The waivers exempt states from various academic accountability requirements, teacher
qualification-related requirements, and funding flexibility requirements that were enacted through
NCLB. State educational agencies (SEAs) may also apply for an optional waiver related to the
21st Century Community Learning Centers program. However, in order to receive the waivers,
SEAs must agree to meet four principles established by the U.S. Department of Education (ED)
for “improving student academic achievement and increasing the quality of instruction.” The four
principles, as stated by ED, are as follows: (1) college- and career-ready expectations for all
students; (2) state-developed differentiated recognition, accountability, and support; (3)
supporting effective instruction and leadership; and (4) reducing duplication and unnecessary
burden.
Taken collectively, the waivers and principles included in the ESEA flexibility package amount to
a fundamental redesign by the Administration of many of the accountability and teacher-related
requirements included in current law. As of December 2012, ED had approved ESEA flexibility
package applications for 34 states and the District of Columbia and was reviewing applications
from several other states.5 If Congress continues to work on ESEA reauthorization during the
113th Congress, it is possible that provisions included in any final bill may be similar to or
override the waivers and principles established by the Administration.
The remainder of this report focuses only on current law and does not discuss the details of the
ESEA flexibility package or how it modifies current law. For more information about the ESEA
flexibility package, see CRS Report R42328, Educational Accountability and Secretarial Waiver
Authority Under Section 9401 of the Elementary and Secondary Education Act.
3 For more information about the CR and its effects on federal education programs, see CRS Report R42588, Labor,
Health and Human Services, and Education: FY2013 Appropriations Overview , coordinated by Karen E. Lynch.
4 For a current listing of these reports, see http://www.crs.gov/pages/subissue.aspx?cliid=2487&parentid=5&preview=
False.
5 Approved state applications and pending applications are available at http://www.ed.gov/esea/flexibility/requests.
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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 (SIGs), and authority for
states to reserve 1% of grants under parts A, C, and D, or $400,000 (whichever is greater), for
state administration.
School Improvement Grants
Title I-A authorizes the appropriation of such sums as may be necessary for grants to states under
Section 1003(g) for School Improvement Grants. States are eligible to apply for these grants,
which are allocated in proportion to each state’s share of funds received under ESEA Title I, Parts
A, C (Migrant Education Program), and D (Neglected and Delinquent Children and Youth). States
must use at least 95% of the funds received to make subgrants to LEAs. Subgrants made to LEAs
must be between $50,000 and $500,000 for each school identified for improvement, corrective
action, or restructuring that will be served through the grant, and must be renewable for up to two
additional years if schools meet the goals of their school improvement plans. Subgrants must be
used by LEAs to support school improvement. LEAs with the lowest-achieving schools and the
greatest 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 LEA improvement plans
must be given priority in the awarding of subgrants.
While the ESEA has not been reauthorized since the enactment of NCLB in 2002, several
changes have been made to the SIG program through various appropriations acts. Through the
Consolidated Appropriations Act, 2010 (P.L. 111-117), the SIG program was amended to provide
a maximum grant of $2 million annually to each school served using funds appropriated under the
American Recovery and Reinvestment Act (ARRA; P.L. 111-5) or FY2010 appropriations. In
addition, provisions in P.L. 111-117 altered school eligibility criteria to receive SIG to include any
school eligible to receive assistance under Title I-A that has not made adequate yearly progress
(AYP) for at least two years or is in the state’s lowest quintile of performance based on
proficiency rates or, for secondary schools, includes any school with a graduation rate below
60%. The FY2011 (P.L. 112-10) and FY2012 (P.L. 112-74) appropriations acts included the same
provisions relevant to the identification of schools for SIG funds and changes to the maximum
amount that can be awarded to a school. Schools that are eligible for SIG as a result of the new
criteria included in the appropriations acts are referred to as “newly eligible schools.”6 In addition
to the aforementioned provisions, the FY2012 appropriations act also included a provision
permitting the Secretary of Education to reserve up to 5% of the funds appropriated for SIG to
carry out activities to build SEA and LEA capacity to implement the SIG program.7
6 For more information, see U.S. Department of Education, Guidance on Fiscal Year 2010 School Improvement Grants
Under Section 1003(g) of the Elementary and Secondary Education Act of 1965, pp. 12-15, available online at
http://www2.ed.gov/programs/sif/legislation.html#guidance. (Hereafter referred to as ED, SIG Guidance.).
7 These changes complement changes made to the School Improvement Grant program by ED through Final
Requirements (available online at http://www2.ed.gov/programs/sif/2010-27313.pdf). Based on these new
requirements, each state is required to give priority in making competitive grants to LEAs that serve the lowest-
performing schools. For the purposes of the School Improvement Grants program, ED has defined the lowest-
(continued...)
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The Elementary and Secondary Education Act, as Amended: A Primer
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 students attending pre-kindergarten through grade 12
schools with relatively high concentrations of students 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 students 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.
Although 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 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 students
at public schools with the highest percentages or numbers of children from low-income families,
as well as eligible students who live in the areas served by these public schools, but who attend
private schools.8 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
(...continued)
performing schools using two tiers. A Tier I school is a Title I-A school that has been identified for improvement,
corrective action, or restructuring and is among the lowest achieving 5% of all such schools or is among the lowest-
achieving five Title I-A schools in improvement, corrective action, or restructuring (whichever number of schools is
greater), or has a high school graduation rate that is less than 60%. A Tier II school is any secondary school that is
eligible for, but does not receive, Title I-A funding and has been identified for improvement, corrective action, or
restructuring and is among the lowest achieving 5% of all such schools or is among the lowest-achieving five Title I-A
eligible secondary schools (whichever number of schools is greater), or has a high school graduation rate that is less
than 60%. LEAs using funds for a Tier I or Tier II school must select from four school intervention models prescribed
by ED for each school. These models include the turnaround model, restart model, school closure, and transformation
model. After making awards to LEAs serving Tier I or Tier II schools, grants may be awarded to LEAs that serve Tier
III schools, which consist of schools identified for school improvement, corrective action, or restructuring that are not
in the lowest achieving 5% of schools identified for improvement, corrective action, or restructuring. States may
establish criteria for determining which Tier III schools to support (e.g., those in the lowest achieving 6%-10% of
schools identified for improvement, corrective action, or restructuring). For more information, see http://www2.ed.gov/
programs/sif/index.html.
8 Although 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.
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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 students from
low-income families exceeds 75%. Once schools are selected, Title I-A funds are allocated among
them on the basis of their number of students from low-income families.
There are two basic types of Title I-A programs. Schoolwide programs are authorized if the
percentage of low-income students served by a school is 40% or higher. In schoolwide programs,
Title I-A funds may be used to improve the performance of all students 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
school service model is the targeted assistance program (TAP). This was the original type of Title
I-A program, under which Title I-A-funded services are generally limited to the lowest achieving
students in the school. For example, students 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 students in their regular classroom.
A number of major accountability requirements apply to public schools in a state that participates
in the Title I-A program. Participating states9 must administer annual, standards-based
assessments in reading/language arts and mathematics to students 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 students in each of three grade levels (3-5, 6-9, and 10-12) in science.
Student performance standards for all required assessments must include at least three
performance levels: advanced, proficient, and basic. The state assessments must meet a variety of
criteria regarding accommodations for students with disabilities and LEP students, and linkages
between state content standards, student performance standards, and assessments. Participating
states must also administer annual assessments of English language proficiency to all of their LEP
students, and participate in National Assessment of Educational Progress (NAEP) tests of 4th and
8th grade students in reading and math every two years.
States must develop annual measurable objectives (AMOs) that are established separately for
reading and mathematics assessments, are the same for all schools and LEAs, identify a single
minimum percentage of students who must meet or exceed the proficient level on the assessments
that applies to the all students group and each subgroup for which data are disaggregated,10 and
must ensure that all students will meet or exceed the state’s proficient level of achievement on the
assessments based on a timeline established by the state. The timeline must incorporate concrete
movement toward meeting an ultimate goal of all students reaching a proficient or higher level of
achievement by the end of the 2013-2014 school year.
States participating in Title I-A must use results of the required reading and math assessments to
make annual adequate yearly progress 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 students scoring at
9 Currently, all states participate in ESEA Title I-A.
10 See subsequent discussion regarding the disaggregation of data by subgroup.
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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—that is, determined separately for several demographic
groups, as well as for an “all students” group. The specified groups include economically
disadvantaged students, LEP students, students with disabilities, and students in major racial and
ethnic groups. However, student groups need not be considered if their number is so small that
results would not be statistically significant or the identity of students might be divulged
(minimum group size). In order to make AYP, at least 95% of students 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 student 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 students and schools
statewide (a “status” model). The ESEA also includes a “safe harbor” provision, under which
AYP may be met by a student group if it experiences a 10% reduction, compared to the previous
year, in the number of students below proficiency. In recent years, there has been increasing
interest in using “growth” models to determine AYP, by which the achievement of individual
students is tracked from year to year. Interested states may apply to receive a waiver from the
Secretary of Education (hereafter referred to as the Secretary) to implement a growth model.
The ESEA requires states to identify LEAs and schools that fail to meet AYP standards for two
consecutive years for improvement. Students 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, students from low-income families must be offered the opportunity to
receive instruction from a supplemental educational services (SES) 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. Those that fail to meet
AYP standards for a sixth year must develop a “restructuring” plan, involving such actions as
reopening as a charter school. If a school fails to make AYP for a subsequent year, the school
must implement its restructuring plan. Procedures analogous to those for schools apply to LEAs
that receive Title I-A grants and fail to meet AYP requirements.
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 a highly qualified teacher (HQT), 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
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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
students in grades K-3 in schools that either have percentages of students 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 student reading performance. This program is not currently
funded.
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. This program is not currently funded.
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. This program is not currently funded.
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 formula to SEAs, in proportion to Title I-A grants, and SEAs
would make competitive grants to LEAs. This program is not currently funded.
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 students 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 to provide transition services to children and youth
transferring to regular public schools. Subpart 2 provides aid for programs operated by LEAs in
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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 students assisted under Title I programs, and
grants to the Close-Up Foundation for civic education programs. In addition, using authority
available to the Secretary under section 1502, the Striving Readers program, a comprehensive
literacy education program for children from birth through grade 12, was enacted through the L-
HHS-ED Appropriations Act.11
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. 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.
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
11 For more information about the program, see the Consolidated Appropriations Act, 2010 (P.L. 111-117). The
program has continued to receive appropriations in subsequent appropriations acts.
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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” (section 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.
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 LEA12 (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,
12 A high-need LEA is defined as follows: an LEA with either a school-age child poverty rate of 20% or 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 at grade levels for which they were trained.
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summer workshops or institutes, and recruitment of mathematics and science teachers, as well as
development of rigorous curricula in these fields. Title II-B funds are allocated to states by
formula if appropriations are equal to or greater than $100 million, as has been the case in recent
years.
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 nonstandard 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. Many of these programs are not currently funded.
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 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 students 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. This program is not
currently funded.
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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. 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).
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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 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. Funds are not currently
provided for state grants. 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 nonschool 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
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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 students in public and private schools, with adjustments
to provide increased grants per pupil to LEAs with the greatest numbers or percentages of “high
cost” students, including those from economically disadvantaged families and those living in
sparsely populated areas or areas of concentrated poverty.
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). This program is not currently
funded.
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.13 Up to 5% of program
13 Changes have also been made to the program through appropriations acts. For example, beginning with the L-HHS-
ED appropriations act for FY2010 (P.L. 111-117), the Charter Schools program has been modified to permit the
(continued...)
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funds may be reserved by ED for technical assistance to, as well as 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. Subpart
3 is not currently funded.
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. Subpart 1 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).14 This authority has been used to create the Teacher Incentive Fund (TIF)
program and the Promise Neighborhoods program through L-HHS-Ed appropriations acts. The
TIF program provides competitive grants to support the development and implementation of
performance-based teacher and principal compensation systems in high-need schools. The
Promise Neighborhood program provides competitive grants to support distressed communities in
developing and implementing a plan for the provision of a continuum of effective family and
community services, family supports, and comprehensive educational reforms designed to
improve outcomes for children from birth through college.
A number of specific activities are authorized in Subparts 2-21. Authorized programs 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 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. Many of these programs are not currently funded.
(...continued)
Secretary to reserve funds to make awards to non-profit charter management companies and not for-profit entities for
the replication and expansion of successful charter school models.
14 For example, the Teacher Incentive Fund and the Promise Neighborhoods programs are authorized under this broad
authority.
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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.
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. Through FY2008, if appropriations exceeded a “trigger” amount ($400 million in
FY2008), funds in excess of the trigger amount were awarded competitively to states for
assessment-related activities. If appropriations fell below the trigger amount, states could defer
the commencement or suspend the administration of student assessments required under Title I-A.
This “trigger” no longer applies. Funds continue to be appropriated for both formula and
competitive grants. The majority of funds are awarded by formula.
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, nonfederal funds), and equitable participation
by private school students 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 two
consecutive years, and to submit reports to Congress listing such states.
Part B: Rural Education Initiative
Part B includes Rural Education Achievement Program (REAP) initiatives that are designed to
assist rural LEAs that may lack the resources to compete effectively for competitive grants and
that may receive grants that are too small to be effective in meeting their specified purposes.
Subpart 1 of Part B authorizes the Small, Rural School Achievement Program (SRSA), which
provides flexibility in the use of funds under several ESEA programs to rural LEAs with fewer
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than 600 students (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).15 Eligible LEAs must meet Indian student enrollment thresholds of at least
10 students 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 students 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 students (under a
demonstration project authority); and may be used for comprehensive programs of educational
services for Indian students, 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 students, 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
15 These schools and LEAs are now operated or funded by the Bureau of Indian Education (BIE).
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experience in operating Native Hawaiian programs, or consortia of these entities to provide a
wide variety of services intended to improve 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 students 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 also 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 8008.16 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 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.
16 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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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 24 schools that ED currently owns but LEAs use to serve federally connected
children.17 Two of the schools are located on closed military bases and operated by ED, and the
remaining 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 flexibility, SEAs must
demonstrate that a majority of their resources are provided from nonfederal sources.
17 Since 1983, the Department of Defense (DOD) has assumed funding responsibility for other facilities owned by ED
but located on domestic military bases that serve students whose parents are in the Armed Forces. These were formerly
known as Section 6 schools in reference to that section of P.L. 81-874. Currently, DOD has assumed financial
responsibility for the maintenance and renovation of 32 facilities, while ED continues to be directly responsible for 24
facilities. (For more information, see ED, FY2011 Budget Justifications.)
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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 students and staff in
those ESEA programs where such participation is authorized.18 Under the relevant ESEA
programs, services provided to private school students or staff are to be equitable in relation to
the number of such students 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
students or staff, and serving private school students 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 school that does not receive
funds or 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 students 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 to certain religiously affiliated private
schools). Finally, under an “Unsafe School Choice Option,” students 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.
18 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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The Elementary and Secondary Education Act, as Amended: A Primer
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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The Elementary and Secondary Education Act, as Amended: A Primer
Appendix A. Appropriations for Programs
Authorized by the ESEA
Table A-1. Appropriations for Programs Authorized by the Elementary and
Secondary Education Act (ESEA): FY2010–FY2012
(dollars in thousands)
FY2010
FY2011
FY2012
Program/Activity ESEA
Citation
Appropriations AppropriationsAppropriations
School Improvement Grants Title I, Section 1003(g)
$545,633
$534,562
$533,552
Grants to Local Educational
Agencies (LEAs)
Title I-A
$14,492,401
$14,442,926
$14,516,457
Reading First
Title I-B-1
$0
$0
$0
Early Reading First
Title I-B-2
$0
$0
$0
Even Start
Title I-B-3
$66,454
$0
$0
Improving Literacy through
School Libraries
Title I-B-4
$19,145
$0
$0
Migrant Education Program Title I-C
$394,771
$393,981
$393,236
Neglected and Delinquent
Title I-D
$50,427
$50,326
$50,231
National Assessment of Title I Title I-E
$9,167
$8,151
$3,194
Striving Readersa
Title I-E (Section 1502)
$200,000
$0
$159,698
Close Up Fellowships
Title I-E (Section 1504)
$1,942
$0
$0
Comprehensive School
Reform Title
I-F
$0
$0
$0
Advanced Placement
Title I-G
$45,840
$43,253
$26,949
High School Graduation
Initiative Title
I-H
$50,000
$48,902
$48,810
Improving Teacher Quality
Title II-A
$2,947,749
$2,464,876
$2,466,567
Title II-A-5 (Section
School Leadership
2151(b)) $29,220
$29,162
$29,107
Title II-A-5 (Section
Advanced Credentialing
2151(c)) $10,649
$0
$0
Math and Science
Partnerships Title
II-B
$180,478
$175,127
$149,716
Troops-to-Teachersb Title
II-C-1-A
$14,389
$14,400 $15,000
Transition to Teaching
Title II-C-1-B
$43,707
$41,125
$26,054
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FY2010
FY2011
FY2012
Program/Activity ESEA
Citation
Appropriations AppropriationsAppropriations
National Writing Project
Title II-C-2
$25,646
$0
$0
We the People (Civic
Title II-C-3
Education)
(Section 2344)
$21,617
$0
$0
Cooperative Education
Title II-C-3
Exchange (Civic Education)
(Section 2345)
$13,383
$1,155
$0
Teaching of Traditional
American History
Title II-C-4
$118,952
$45,908
$0
Educational Technology
Title II-D
$100,000
$0
$0
Ready to Learn Television
Title II-D-3
$27,300
$27,245
$27,193
English Language Acquisition Title III-A
$750,000
$733,530
$732,144
Safe and Drug Free, State
Grants Title
IV-A-1
$0
$0
$0
Safe and Drug Free, National
Programs Title
IV-A-2 $191,341
$119,226
$64,877
Title IV-A-2
Alcohol Abuse Reduction
(Section 4129)
$32,712
$6,907
$0
Title IV-A-2
Mentoring Programs
(Section 4130)
$0
$0
$0
21st Century Community
Learning Centers
Title IV-B
$1,166,166
$1,153,854
$1,151,673
Innovative Programs
Title V-A
$0
$0
$0
Charter School Grants
Title V-B-1
$256,031
$255,519
$255,036
(included in
(included in
(included in
Charter School Facilities
Title V-B-1 (Section
Charter School Charter School Charter School
Incentive Grants
5205(b))
Grants)
Grants)
Grants)
Credit Enhancement
Initiatives to Assist Charter
(included in
(included in
(included in
School Facility Acquisition,
Charter School Charter School Charter School
Construction, and Renovation Title V-B-2
Grants)
Grants)
Grants)
Voluntary Public School
Choice Title
V-B-3 $25,819
$25,767
$0
Magnet Schools Assistance
Title V-C
$100,000
$99,800
$99,611
Fund for the Improvement of
Education, National Programs Title V-D-1
$125,461
$12,009
$40,823
Teacher Incentive Fundc Title
V-D-1
$400,000
$399,200 $299,433
Academies for American
History and Civicsd Title
V-D-1
$1,815
$0
$0
Promise Neighborhoodse Title
V-D-1
$10,000
$29,940
$59,887
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FY2010
FY2011
FY2012
Program/Activity ESEA
Citation
Appropriations AppropriationsAppropriations
Elementary and Secondary
School Counseling
Title V-D-2
$55,000
$52,395
$52,296
Character Education
Title V-D-3
$0
$0
$0
Smaller Learning
Communities Title
V-D-4
$88,000
$0
$0
Reading is Fundamental
Title V-D-5
$24,803
$0
$0
Javits Gifted and Talented
Title V-D-6
$7,463
$0
$0
Star Schools Program
Title V-D-7
$0
$0
$0
Ready to Teachf Title
V-D-8
$0
$0 $0
Foreign Language Assistance Title V-D-9
$26,928
$26,874
$0
Carol M. White Physical
Education Program
Title V-D-10
$79,000
$78,842
$78,693
Community Technology
Centers Title
V-D-11
$0
$0
$0
Exchanges with Historic
Whaling and Trading Partners Title V-D-12
$8,754
$0
$0
Excellence in Economic
Education Title
V-D-13
$1,447
$1,444
$0
Grants to Improve the Mental
Health of Children, Mental
Title V-D-14
Health Integration in Schools (Section 5541)
$5,913
$0
$0
Grants to Improve the Mental
Health of Children,
Title V-D-14
Foundations for Learning
(Section 5542)
$1,000
$0
$0
Arts in Education
Title V-D-15
$40,000
$27,447
$24,953
Parental Assistance and Local
Family Information Centers Title V-D-16
$39,254
$0
$0
Combating Domestic
Violence Title
V-D-17
$0
$0
$0
Healthy, High-Performance
Schools Title
V-D-18
$0
$0
$0
Grants for Capital Expenses
of Providing Equitable
Services for Private School
Students Title
V-D-19
$0
$0
$0
Additional Assistance for
Certain Local Educational
Agencies Impacted by Federal
Property Acquisition
Title V-D-20
$0
$0
$0
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FY2010
FY2011
FY2012
Program/Activity ESEA
Citation
Appropriations AppropriationsAppropriations
Women’s Educational Equity
Act Title
V-D-21
$2,423
$0
$0
Grants for State Assessments Title VI-A-1
and Enhanced Assessment
(Sections 6111 and
Instruments
6112) $410,732
$389,951
$389,214
Small, Rural School
Achievement Program
Title VI-B-1
$87,441
$87,266
$89,597
Rural and Low-Income School
Program Title
VI-B-2 $87,441
$87,266
$89,597
Indian Education, Grants to
LEAs Title
VII-A-1
$104,331
$104,122
$105,921
Special Programs and Projects
to Improve Educational
Opportunities for Indian
Children Title
VII-A-2 $19,060
$19,022
$18,986
Indian Education, National
Activities Title
VII-A-3 $3,891
$3,883
$5,872
Native Hawaiian Student
Education Title
VII-B
$34,315
$34,246
$34,181
Alaska Native Student
Education Title
VII-C
$33,315
$33,248
$33,185
Impact Aid, Payments Relating
to Federal Acquisition of Real
Property
Title VIII (Section 8002)
$67,208
$67,074
$66,947
Impact Aid, Payments for
Eligible Federally Connected
Children (Basic Support
Title VIII
Payments)
(Section 8003(b))
$1,138,000
$1,135,724
$1,153,540
Impact Aid, Payments for
Eligible Federally Connected
Children (Payments for
Title VIII
Children with Disabilities)
(Section 8003(d))
$48,602
$48,505
$48,413
Construction
Title VIII (Section 8007)
$17,509
$17,474
$17,441
Facilities Maintenance
Title VIII (Section 8008)
$4,864
$4,854
$4,845
TOTAL
‒
$24,904,909
$23,376,488 $23,362,928
Source: Table prepared by CRS based on CRS analysis of the ESEA. FY2010, FY2011, and FY2012
appropriations data provided by the U.S. Department of Education, Budget Service.
Notes: Details may not add to totals due to rounding.
a. The statutory requirements governing the Striving Readers program in its current were initially included in
the Consolidated Appropriations Act, 2010 (P.L. 111-117). The authority for the program is provided under
Section 1502 of the ESEA. The appropriation for the program for FY2010 was originally $250 million. Of
this, $50 million was rescinded due to the enactment of P.L. 111-226, authorizing the Education Jobs Fund.
b. Beginning in FY2011, appropriations for the Troops-to-Teachers program were provided through the
Department of Defense appropriations act. For more information, see http://comptroller.defense.gov/
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The Elementary and Secondary Education Act, as Amended: A Primer
defbudget/fy2013/budget_justification/pdfs/01_Operation_and_Maintenance/O_M_VOL_1_PARTS/
O_M_VOL_1_BASE_PARTS/DoDDE_OP-5.pdf.
c. The Teacher Incentive Fund was enacted through the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006 (P.L. 109-149), based on authority available
under Title V-D-1 of the ESEA.
d. The Academies for American History and Civics Program is authorized under the American History and
Civics Education Act (P.L. 108-474), but funding for the program is provided based on authority available
under Title V-D-1 of the ESEA.
e. The Promise Neighborhoods program was enacted through the Consolidated Appropriations Act, 2010
(P.L. 111-117), based on authority available under Title V-D-1 of the ESEA. The specific provision of funds
for this purpose is detailed in the Conference Report accompanying P.L. 111-117 (H.Rept. 111-366).
f.
Originally, $10.7 million was appropriated for the Ready to Teach program for FY2010. These funds were
subsequently rescinded due to the enactment of P.L. 111-226, authorizing the Education Jobs Fund.
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The Elementary and Secondary Education Act, as Amended: A Primer
Appendix B. Selected Acronyms Used in
This Report
AMAO: Annual measurable achievement objectives
AMO: Annual measureable objectives
AYP: Adequate yearly progress
BIA: Bureau of Indian Affairs
BIE: Bureau of Indian Education
ED: U.S. Department of Education
ESEA: Elementary and Secondary Education Act
HOUSSE: High objective uniform state standard of evaluation
HQT: Highly qualified teacher
IDEA: Individuals with Disabilities Education Act
IHE: Institution of higher education
LEA: Local educational agency
LEP: Limited English proficient
NAEP: National Assessment of Educational Progress
NCLB: No Child Left Behind Act
REAP: Rural Education Achievement Program
RLIS: Rural and Low-Income School Program
SEA: State educational agency
SES: Supplemental educational services
SRSA: Small, Rural School Achievement Program
TAP: Targeted assistance program
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The Elementary and Secondary Education Act, as Amended: A Primer
Author Contact Information
Rebecca R. Skinner
Specialist in Education Policy
rskinner@crs.loc.gov, 7-6600
Acknowledgments
Wayne C. Riddle, former Specialist in Education Policy, contributed to the original version of this report.
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