The Elementary and Secondary Education Act of 1965, as amended through P.L. 115-224 [1.09 MB] PDF Icon


Disclaimer: This website is based on text downloaded from the House Office of Legislative Counsel. While this publication does not represent the official version of the ESSA, substantial efforts have been made to ensure the accuracy of its contents. The official version of the ESSA is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).

Elementary and Secondary Education Act of 1965

[As Amended Through P.L. 115–224, Enacted July 31, 2018]

SECTION 1. [20 U.S.C. 6301 note] SHORT TITLE.

This Act may be cited as the ''Elementary and Secondary Education Act of 1965''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1003A. Direct student services.
Sec. 1004. State administration.

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

Subpart 1—Basic Program Requirements

Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. Parent and family engagement.
Sec. 1117. Participation of children enrolled in private schools.
Sec. 1118. Fiscal requirements.
Sec. 1119. Coordination requirements.


Subpart 2—Allocations

Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
Sec. 1127. Carryover and waiver.

PART B—STATE ASSESSMENT GRANTS

Sec. 1201. Grants for State assessments and related activities.
Sec. 1202. State option to conduct assessment system audit.
Sec. 1203. Allotment of appropriated funds.
Sec. 1204. Innovative assessment and accountability demonstration authority.

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Program purposes.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.
Sec. 1307. Bypass.
Sec. 1308. Coordination of migrant education activities.
Sec. 1309. Definitions.

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Purpose and program authorization.
Sec. 1402. Payments for programs under this part.

Subpart 1—State Agency Programs

Sec. 1411. Eligibility.
Sec. 1412. Allocation of funds.
Sec. 1413. State reallocation of funds.
Sec. 1414. State plan and State agency applications.
Sec. 1415. Use of funds.
Sec. 1416. Institution-wide projects.
Sec. 1417. Three-year programs or projects.
Sec. 1418. Transition services.
Sec. 1419. Technical assistance.

Subpart 2—Local Agency Programs

Sec. 1421. Purpose.
Sec. 1422. Programs operated by local educational agencies.
Sec. 1423. Local educational agency applications.
Sec. 1424. Uses of funds.
Sec. 1425. Program requirements for correctional facilities receiving funds under this section.
Sec. 1426. Accountability.

Subpart 3—General Provisions

Sec. 1431. Program evaluations.
Sec. 1432. Definitions.

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

Sec. 1501. Flexibility for equitable per-pupil funding.

PART F—GENERAL PROVISIONS

Sec. 1601. Federal regulations.
Sec. 1602. Agreements and records.
Sec. 1603. State Administration.
Sec. 1604. Prohibition Against Federal Mandates, Direction, Or Control.
Sec. 1605. Rule of Construction on Equalized Spending.

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS

Sec. 2001. Purpose.
Sec. 2002. Definitions.
Sec. 2003. Authorization of appropriations.

PART A—SUPPORTING EFFECTIVE INSTRUCTION

Sec. 2101. Formula grants to States.
Sec. 2102. Subgrants to local educational agencies.
Sec. 2103. Local uses of funds.
Sec. 2104. Reporting.

PART B—NATIONAL ACTIVITIES

Sec. 2201. Reservations.

Subpart 1—Teacher and School Leader Incentive Program

Sec. 2211. Purposes; definitions.
Sec. 2212. Teacher and school leader incentive fund grants.
Sec. 2213. Reports.

Subpart 2—Literacy Education for All, Results for the Nation

Sec. 2221. Purposes; definitions.
Sec. 2222. Comprehensive literacy State development grants.
Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten entry literacy.
Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 12 literacy.
Sec. 2225. National evaluation and information dissemination.
Sec. 2226. Innovative approaches to literacy.

Subpart 3—American History and Civics Education

Sec. 2231. Program authorized.
Sec. 2232. Presidential and congressional academies for American history and civics.
Sec. 2233. National activities.

Subpart 4—Programs of National Significance

Sec. 2241. Funding allotment.
Sec. 2242. Supporting effective educator development.
Sec. 2243. School leader recruitment and support.
Sec. 2244. Technical assistance and national evaluation.
Sec. 2245. STEM master teacher corps.

PART C—GENERAL PROVISIONS

Sec. 2301. Supplement, not supplant.
Sec. 2302. Rules of construction.

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

Sec. 3001. Authorization of appropriations.

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT

Sec. 3101. Short title.
Sec. 3102. Purposes.

Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement

Sec. 3111. Formula grants to States.
Sec. 3112. Native American and Alaska Native children in school.
Sec. 3113. State and specially qualified agency plans.
Sec. 3114. Within-State allocations.
Sec. 3115. Subgrants to eligible entities.
Sec. 3116. Local plans.

Subpart 2—Accountability and Administration

Sec. 3121. Reporting.
Sec. 3122. Biennial reports.
Sec. 3123. Coordination with related programs.
Sec. 3124. Rules of construction.
Sec. 3125. Legal authority under State law.
Sec. 3126. Civil rights.
Sec. 3127. Programs for Native Americans and Puerto Rico.
Sec. 3128. Prohibition.

Subpart 3—National Activities

Sec. 3131. National professional development project.

PART B—GENERAL PROVISIONS

Sec. 3201. Definitions.
Sec. 3202. National clearinghouse.
Sec. 3203. Regulations.

TITLE IV—21st CENTURY SCHOOLS

Sec. 4001. General provisions.

PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

Subpart 1—Student Support and Academic Enrichment Grants

Sec. 4101. Purpose.
Sec. 4102. Definitions.
Sec. 4103. Formula grants to States.
Sec. 4104. State use of funds.
Sec. 4105. Allocations to local educational agencies.
Sec. 4106. Local educational agency applications.
Sec. 4107. Activities to support well-rounded educational opportunities.
Sec. 4108. Activities to support safe and healthy students.
Sec. 4109. Activities to support the effective use of technology.
Sec. 4110. Supplement, not supplant.
Sec. 4111. Rule of construction.
Sec. 4112. Authorization of appropriations.

Subpart 2—Internet Safety

Sec. 4121. Internet safety.

PART B—21st CENTURY COMMUNITY LEARNING CENTERS

Sec. 4201. Purpose; definitions.
Sec. 4202. Allotments to States.
Sec. 4203. State application.
Sec. 4204. Local competitive subgrant program.
Sec. 4205. Local activities.
Sec. 4206. Authorization of appropriations.

PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

Sec. 4301. Purpose.
Sec. 4302. Program authorized.
Sec. 4303. Grants to support high-quality charter schools.
Sec. 4304. Facilities financing assistance.
Sec. 4305. National activities.
Sec. 4306. Federal formula allocation during first year and for successive enrollment expansions.
Sec. 4307. Solicitation of input from charter school operators.
Sec. 4308. Records transfer.
Sec. 4309. Paperwork reduction.
Sec. 4310. Definitions.
Sec. 4311. Authorization of appropriations.

PART D—MAGNET SCHOOLS ASSISTANCE

Sec. 4401. Findings and purpose.
Sec. 4402. Definition.
Sec. 4403. Program authorized.
Sec. 4404. Eligibility.
Sec. 4405. Applications and requirements.
Sec. 4406. Priority.
Sec. 4407. Use of funds.
Sec. 4408. Limitations.
Sec. 4409. Authorization of appropriations; reservation.

PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

Sec. 4501. Purposes.
Sec. 4502. Grants authorized.
Sec. 4503. Applications.
Sec. 4504. Uses of funds.
Sec. 4505. Family engagement in Indian schools.
Sec. 4506. Authorization of appropriations.

PART F—NATIONAL ACTIVITIES

Sec. 4601. Authorization of appropriations; reservations.

Subpart 1—Education Innovation and Research

Sec. 4611. Grants for education innovation and research.

Subpart 2—Community Support for School Success

Sec. 4621. Purposes.
Sec. 4622. Definitions.
Sec. 4623. Program authorized.
Sec. 4624. Promise neighborhoods.
Sec. 4625. Full-service community schools.

Subpart 3—National Activities for School Safety

Sec. 4631. National activities for school safety.

Subpart 4—Academic Enrichment

Sec. 4641. Awards for academic enrichment.
Sec. 4642. Assistance for arts education.
Sec. 4643. Ready to learn programming.
Sec. 4644. Supporting high-ability learners and learning.

TITLE V—FLEXIBILITY AND ACCOUNTABILITY

PART A—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES

Sec. 5101. Short title.
Sec. 5102. Purpose.
Sec. 5103. Transferability of funds.

PART B—RURAL EDUCATION INITIATIVE

Sec. 5201. Short title.
Sec. 5202. Purpose.

Subpart 1—Small, Rural School Achievement Program

Sec. 5211. Use of applicable funding.
Sec. 5212. Grant program authorized.

Subpart 2—Rural and Low-Income School Program

Sec. 5221. Program authorized.
Sec. 5222. Use of funds.
Sec. 5223. Applications.
Sec. 5224. Report.
Sec. 5225. Choice of participation.

Subpart 3—General Provisions

Sec. 5231. Annual Average Daily Attendance Determination.
Sec. 5232. Suppliment, Not Supplant.
Sec. 5233. Rule of Construction.
Sec. 5234. Authorization of appropriations.

PART C—GENERAL PROVISIONS

Sec. 5301. Prohibition against Federal mandates, direction, or control.
Sec. 5302. Rule of construction on equalized spending.

TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

PART A—INDIAN EDUCATION

Sec. 6101. Statement of policy.
Sec. 6102. Purpose.

Subpart 1—Formula Grants to Local Educational Agencies

Sec. 6111. Purpose.
Sec. 6112. Grants to local educational agencies and tribes.
Sec. 6113. Amount of grants.
Sec. 6114. Applications.
Sec. 6115. Authorized services and activities.
Sec. 6116. Integration of services authorized.
Sec. 6117. Student eligibility forms.
Sec. 6118. Payments.
Sec. 6119. State educational agency review.

Subpart 2—Special Programs and Projects to Improve Educational Opportunities for Indian Children

Sec. 6121. Improvement of educational opportunities for Indian children and youth.
Sec. 6122. Professional development for teachers and education professionals.

Subpart 3—National Activities

Sec. 6131. National research activities.
Sec. 6132. Grants to tribes for education administrative planning, development, and coordination.
Sec. 6133. Native American and Alaska Native language immersion schools and programs.

Subpart 4—Federal Administration

Sec. 6141. National Advisory Council on Indian Education.
Sec. 6142. Peer review.
Sec. 6143. Preference for Indian applicants.
Sec. 6144. Minimum grant criteria.

Subpart 5—Definitions; Authorizations of Appropriations

Sec. 6151. Definitions.
Sec. 6152. Authorizations of appropriations.

PART B—NATIVE HAWAIIAN EDUCATION

Sec. 6201. Short title.
Sec. 6202. Findings.
Sec. 6203. Purposes.
Sec. 6204. Native Hawaiian Education Council.
Sec. 6205. Program authorized.
Sec. 6206. Administrative provisions.
Sec. 6207. Definitions.

PART C—ALASKA NATIVE EDUCATION

Sec. 6301. Short title.
Sec. 6302. Findings.
Sec. 6303. Purposes.
Sec. 6304. Program authorized.
Sec. 6305. Administrative provisions.
Sec. 6306. Definitions.

TITLE VII—IMPACT AID

Sec. 7001. Purpose.
Sec. 7002. Payments relating to Federal acquisition of real property.
Sec. 7003. Payments for eligible federally connected children.
Sec. 7004. Policies and procedures relating to children residing on Indian lands.
Sec. 7005. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing State aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Forgiveness of overpayments.
Sec. 7013. Definitions.
Sec. 7014. Authorization of appropriations.

TITLE VIII—GENERAL PROVISIONS

PART A—DEFINITIONS

Sec. 8101. Definitions.
Sec. 8102. Applicability of title.
Sec. 8103. Applicability to Bureau of Indian Education operated schools.

PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

Sec. 8201. Consolidation of State administrative funds for elementary and secondary education programs.
Sec. 8202. Single local educational agency States.
Sec. 8203. Consolidation of funds for local administration.
Sec. 8204. Consolidated set-aside for Department of the Interior funds.
Sec. 8205. Department staff.

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS

Sec. 8301. Purposes.
Sec. 8302. Optional consolidated State plans or applications.
Sec. 8303. Consolidated reporting.
Sec. 8304. General applicability of State educational agency assurances.
Sec. 8305. Consolidated local plans or applications.
Sec. 8306. Other general assurances.

PART D—WAIVERS

Sec. 8401. Waivers of statutory and regulatory requirements.

PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

Sec. 8451. Approval and disapproval of State plans.
Sec. 8452. Approval and disapproval of local educational agency applications.

PART F—UNIFORM PROVISIONS

Subpart 1—Private Schools

Sec. 8501. Participation by private school children and teachers.
Sec. 8502. Standards for by-pass.
Sec. 8503. Complaint process for participation of private school children.
Sec. 8504. By-pass determination process.
Sec. 8505. Prohibition against funds for religious worship or instruction.
Sec. 8506. Private, religious, and home schools.

Subpart 2—Other Provisions

Sec. 8521. Maintenance of effort.
Sec. 8522. Prohibition regarding State aid.
Sec. 8523. Privacy of assessment results.
Sec. 8524. School prayer.
Sec. 8525. Equal access to public school facilities.
Sec. 8526. Prohibited uses of funds
Sec. 8526A. Prohibition against Federal mandates, direction, or control.
Sec. 8527. Prohibitions on Federal Government and use of Federal funds.
Sec. 8528. Armed Forces recruiter access to students and student recruiting information.
Sec. 8529. Prohibition on federally sponsored testing.
Sec. 8530. Limitations on national testing or certification for teachers, principals, or other school leaders.
Sec. 8530A. Prohibition on requiring State participation.
Sec. 8531. Prohibition on nationwide database.
Sec. 8532. Unsafe school choice option.
Sec. 8533. Prohibition on discrimination.
Sec. 8534. Civil rights.
Sec. 8535. Rulemaking.
Sec. 8536. Severability.
Sec. 8537. Transfer of school disciplinary records.
Sec. 8538. Consultation with Indian tribes and tribal organizations.
Sec. 8539. Outreach and technical assistance for rural local educational agencies.
Sec. 8540. Consultation with the Governor.
Sec. 8541. Local governance.
Sec. 8542. Rule of construction regarding travel to and from school.
Sec. 8543. Limitations on school-based health centers.
Sec. 8544. State control over standards.
Sec. 8545. Sense of Congress on protecting student privacy.
Sec. 8546. Prohibition on aiding and abetting sexual abuse.
Sec. 8547. Sense of Congress on restoration of State sovereignty over public education.
Sec. 8548. Privacy.
Sec. 8549. Analysis and periodic review of departmental guidance.
Sec. 8549A. Sense of Congress.
Sec. 8549B. Sense of Congress on early learning and child care.
Sec. 8549C. Technical assistance.

Subpart 3—Teacher Liability Protection

Sec. 8551. Short title.
Sec. 8552. Purpose.
Sec. 8553. Definitions.
Sec. 8554. Applicability.
Sec. 8555. Preemption and election of State nonapplicability.
Sec. 8556. Limitation on liability for teachers.
Sec. 8557. Allocation of responsibility for noneconomic loss.
Sec. 8558. Effective date.

Subpart 4—Gun Possession

Sec. 8561. Gun-free requirements.

Subpart 5—Environmental Tobacco Smoke

Sec. 8571. Short title.
Sec. 8572. Definitions.
Sec. 8573. Nonsmoking policy for children's services.
Sec. 8574. Preemption.

PART G—EVALUATIONS

Sec. 8601. Evaluations.



   
Last Modified: 03/19/2019