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Title IX--General Provisions
General Provisions (IX)
This section includes general provisions that affect all programs under the No Child Left Behind Act.
WHAT'S NEW--The No Child Left Behind Act
Increases Accountability for Student Performance
- Allows development of content standards. State education agencies (SEAs) may use Title I administrative funds to develop challenging academic content standards and academic assessments. This may include, for example, developing additional academic content standards for science or for grades not yet included in state standards for math and reading.
- Prohibits federally sponsored national testing except international comparisons and other assessments explicitly provided by law, such as the National Assessment of Educational Progress (NAEP).
Reduces Bureacracy and Increases Flexibility
- Provides authority to consolidate administrative funds. SEAs and school districts may consolidate administrative funds to eliminate duplication in conducting administrative functions to enhance the effectiveness and coordination of programs.
- Provides authority to submit a consolidated application. SEAs may apply for programmatic funds through a consolidated application process, rather than applying for funds on a program by program basis.
- Streamlines reporting for participation in U.S. Department of Education programs into a single annual consolidated report to reduce costly duplication and burden, and encourage effective program implementation.
- Continues the U.S. Department of Education's authority to grant waivers from many statutory or regulatory requirement of the No Child Left Behind Act. However, there are certain limitations and exceptions to this waiver authority set forth in the statute.
- Requires options to attend safe public schools. SEAs must establish and implement a policy to allow students attending persistently dangerous public schools or who become victims of violent crimes while at school to attend safe public schools within the district (see discussion, "Unsafe School Choice Option, Title IX, Part E, Subpart 2, Section 9532" in this guide).
Other Major New Requirements
- Prohibits teacher testing. Program funds cannot be used for mandatory teacher or paraprofessional national testing.
How It Works
This legislation adds general provisions that affect most programs under ESEA. Key provisions include:
- SEAs and districts may consolidate administrative funds to enhance the effectiveness and coordination of programs.
- SEAs are to use Title I administrative funds to develop challenging academic content standards and academic assessments.
- Rather than submitting many individual applications,SEAs and districts may continue to use consolidated plans, in consultation with the governor, to cover plans that the U.S. Department of Education requires.
- SEA reporting is streamlined into a single annual consolidated report.
- The U.S. Department of Education has continued authority to grant waivers from burdensome regulation.
- Private school students continue to receive services from NCLB programs, including Reading First, Even Start, Safe and Drug Free Schools, 21st Century Community Learning Centers, Math-Science Partnerships, migrant, professional development, technology and bilingual special services.
- Districts are required to provide services to private school students in a timely manner and to consult private school officials in planning such services.
- U.S. Department of Education officials are prohibited from requiring, recommending, or certifying curriculum, programs or standards.
- Program funds cannot be used for mandatory teacher or paraprofessional national testing or certification.
- Federally sponsored national testing is prohibited, except international comparisons and other assessments explicitly provided by law.
- Funds cannot be used for condom or other contraceptive distribution, obscene materials, promotion of sexual activities, or for sex education in schools that is not age- appropriate and does not emphasize abstinence.
- Establishing a national database of personally identifiable information is prohibited.
- Federal control of home schooling is prohibited. Home schools are not subject to NCLB or NCLB assessments.
- NCLB funds are denied to any school district that has a policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools.
- Districts receiving NCLB funds are required to provide Armed Forces recruiters the same access to high school students as college and job recruiters.
- Any local district that discriminates against or denies equal access to patriotic organizations, such as the Boy Scouts of America, is denied funds.
- SEAs must establish and implement a policy to allow students attending persistently dangerous public schools or who become victims of violent crimes while at school to be allowed to attend safe public schools within the district (see discussion,"Unsafe School Choice Option, Title IX, Part E, Subpart 2, Section 9532" in this guide).