The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.
Pub. L. 89–10, title I, § 1001Pub. L. 107–110, title I, § 101115 Stat. 1439 Pub. L. 114–95, title I, § 1001129 Stat. 1814 (, as added , , ; amended , , .)
Editorial Notes
Prior Provisions
Pub. L. 89–10, title I, § 1001Pub. L. 103–382, title I, § 101108 Stat. 3519 Pub. L. 107–110A prior section 6301, , as added , , , declared policy and stated purpose of this subchapter, prior to the general amendment of this subchapter by .
section 1001 of Pub. L. 89–10section 2701 of this titlePub. L. 89–10Pub. L. 103–382A prior was classified to , prior to the general amendment of by .
section 1001 of Pub. L. 89–10section 3381 of this titlePub. L. 89–10Pub. L. 103–382Another prior was renumbered section 9001 and was classified to , prior to the general amendment of by .
Amendments
Pub. L. 114–952015— amended section generally. Prior to amendment, section set forth purpose of subchapter and included provisions relating to how this purpose could be accomplished.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95, § 5129 Stat. 1806
In General .—
Noncompetitive Programs .—
Competitive Programs .—
Impact Aid .—
Title I of the Elementary and Secondary Education Act of 1965.—
Effective dates for section 1111 of the elementary and secondary education act of 1965 .—
Special rule.—
In general .—
Certain schools and local educational agencies .—
Effective Date
Pub. L. 107–110, § 5115 Stat. 1427
In General .—
Noncompetitive Programs .—
Competitive Programs .—
Impact Aid .—
Short Title of 2023 Amendment
Pub. L. 118–17, § 1137 Stat. 102
Pub. L. 117–335, § 1136 Stat. 6143
Short Title of 2020 Amendment
Pub. L. 116–211, § 1134 Stat. 1017
Short Title of 2019 Amendment
Pub. L. 116–13, § 1133 Stat. 847
Short Title of 2017 Amendment
Pub. L. 115–64, § 1131 Stat. 1187
Short Title of 2015 Amendment
Pub. L. 114–95, § 1129 Stat. 1802
Short Title of 2013 Amendment
Pub. L. 112–239, div. A, title V, § 563(a)126 Stat. 1744
Short Title of 2002 Amendment
Pub. L. 107–110, § 1115 Stat. 1425
Short Title of 2000 Amendment
Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1601]114 Stat. 2763
Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1701]114 Stat. 2763
Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654
Short Title of 1998 Amendment
Pub. L. 105–278, § 1112 Stat. 2682
Pub. L. 105–277, div. D, title I, § 121112 Stat. 2681–756
Short Title of 1994 Amendment
Pub. L. 103–382, § 1108 Stat. 3518
Pub. L. 103–227, title X, § 1031108 Stat. 270
Short Title of 1992 Amendment
Pub. L. 102–545, § 1106 Stat. 3586
Short Title of 1991 Amendment
Pub. L. 102–103, title I, § 101105 Stat. 497
Short Title of 1990 Amendment
Pub. L. 101–600, § 1104 Stat. 3042
Short Title of 1989 Amendment
Pub. L. 101–226, § 1103 Stat. 1928
Short Title of 1988 Amendment
Pub. L. 100–569, title II, § 201102 Stat. 2862
Pub. L. 100–297, § 1(a)102 Stat. 130
Short Title of 1984 Amendment
Pub. L. 98–511, § 198 Stat. 2366
Pub. L. 98–511, title IV, § 401(a)98 Stat. 2389
Short Title of 1978 Amendment
Pub. L. 95–561, § 192 Stat. 2143
Short Title of 1977 Amendment
Pub. L. 95–112, § 191 Stat. 911
Short Title of 1974 Amendment
Pub. L. 93–380, § 188 Stat. 484
Short Title of 1970 Amendment
Pub. L. 91–23084 Stat. 121 , , [see Tables for classification], is popularly known as the “Elementary and Secondary Education Amendments of 1970”.
Short Title of 1968 Amendment
Pub. L. 90–247, § 181 Stat. 783
Short Title of 1966 Amendment
Pub. L. 89–750, § 180 Stat. 1191
Short Title
Section 1 of Pub. L. 89–10Pub. L. 103–382, title I, § 101108 Stat. 3519 Pub. L. 107–110, § 6(1)115 Stat. 1427
Pub. L. 89–10, title X, § 10971Pub. L. 106–554, § 1(a)(1) [title IX, § 901]114 Stat. 2763 Pub. L. 89–10Pub. L. 107–110, title X, § 1011(5)(A)115 Stat. 1986 , as added by , , , 2763A–89, which provided that subpart 2 (§§ 10971–10978) of part J of title X of , enacting subpart 2 of part J of former subchapter X of this chapter, could be cited as the “Rural Education Achievement Program”, was repealed by , , .
Pub. L. 89–10, title X, § 10999APub. L. 106–554, § 1(a)(1) [title VII, § 701]114 Stat. 2763 Pub. L. 89–10Pub. L. 107–110, title X, § 1011(5)(A)115 Stat. 1986 , as added by , , , 2763A–76, which provided that part L (§§ 10999A–10999L) of title X of , enacting part L of former subchapter X of this chapter, could be cited as the “Physical Education for Progress Act”, was repealed by , , .
Continuation of Awards
Pub. L. 107–110, title II, § 202115 Stat. 1688
Pub. L. 107–110, title V, § 502115 Stat. 1873
In General .—
Special Rule .—
Pub. L. 107–110, title X, § 1052115 Stat. 2083
Transition Provisions
Pub. L. 114–95, § 4129 Stat. 1805
Funding Authority.—
Multi-year awards.—
Programs no longer authorized .—
Authorized programs .—
Planning and transition .—
Orderly Transition .—
Termination of Certain Waivers.—
In general .—
Waivers .—
Pub. L. 107–110, § 4115 Stat. 1426
Multi-Year Awards .—
Planning and Transition .—
Orderly Transition .—
Pub. L. 103–382, § 3(b)108 Stat. 3519
Budget Compliance
Pub. L. 103–382, title V, § 561108 Stat. 4058
Pub. L. 100–297, title VI, § 6302102 Stat. 431
Definitions
Pub. L. 100–297, title VI, § 6301102 Stat. 431
Executive Documents
Ex. Ord. No. 13153. Actions To Improve Low-Performing Schools
Ex. Ord. No. 13153, , 65 F.R. 26475, provided:
20 U.S.C. 6301Public Law 106–113Pub. L. 106–113, div. B, § 1000(a)(4) [title III]113 Stat. 1535 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Elementary and Secondary Education Act of 1965 (ESEA) [ et seq.], the Department of Education Appropriations Act, 2000 (as contained in ) [, , , 1501A–242, see Tables for classification], and in order to take actions to improve low-performing schools, it is hereby ordered as follows:
SectionPolicy 1. . Since 1993, this Administration has sought to raise standards for students and to increase accountability in public education while investing more resources in elementary and secondary schools. While much has been accomplished—there has been progress in math and reading achievement, particularly for low-achieving students and students in our highest poverty schools—much more can be done, especially for low-performing schools.
SecTechnical Assistance and Capacity Building. 2. . (a) The Secretary of Education (“Secretary”) shall work with State and local educational agencies (“LEAs”) to develop and implement a comprehensive strategy for providing technical assistance and other assistance to States and LEAs to strengthen their capacity to improve the performance of schools identified as low performing. This comprehensive strategy shall include a number of steps, such as:
Public Law 106–11320 U.S.C. 6301(1) providing States, school districts, and schools receiving funds from the school improvement fund established by , as well as other districts and schools identified for school improvement or corrective action under Title I of the ESEA [ et seq.], with access to the latest research and information on best practices, including research on instruction and educator professional development, and with the opportunity to learn from exemplary schools and exemplary State and local intervention strategies and from each other, in order to improve achievement for all students in the low-performing schools;
Pub. L. 105–277, div. A, § 101(f) [title VIII]112 Stat. 2681–337 (2) determining effective ways of providing low-performing schools with access to resources from other Department of Education programs, such as funds from the Comprehensive School Reform Demonstration Program, the Reading Excellence Act [, , , 2681–391, see Tables for classification], the Eisenhower Professional Development Program, the Class Size Reduction Program, and the 21st Century Community Learning Centers Program, and to make effective use of these funds and Title I funds;
(3) providing States and LEAs with information on effective strategies to improve the quality of the teaching force, including strategies for recruiting and retaining highly qualified teachers in high-poverty schools, and implementing research-based professional development programs aligned with challenging standards;
(4) helping States and school districts build partnerships with technical assistance providers, including, but not limited to, federally funded laboratories and centers, foundations, businesses, community-based organizations, institutions of higher education, reform model providers, and other organizations that can help local schools improve;
(5) identifying previously low-performing schools that have made significant achievement gains, and States and school districts that have been effective in improving the achievement of all students in low-performing schools, which can serve as models and resources;
(6) providing assistance and information on how to effectively involve parents in the school-improvement process, including effectively involving and informing parents at the beginning of the school year about improvement goals for their school as well as the goals for their own children, and reporting on progress made in achieving these goals;
(7) providing States and LEAs with information on effective approaches to school accountability, including the effectiveness of such strategies as school reconstitution, peer review teams, and financial rewards and incentives;
(8) providing LEAs with information and assistance on the design and implementation of approaches to choice among public schools that create incentives for improvement throughout the local educational agency, especially in the lowest-performing schools, and that maximize the opportunity of students in low-performing schools to attend a higher-performing public school;
(9) exploring the use of well-trained tutors to raise student achievement through initiatives such as “America Reads,” “America Counts,” and other work-study opportunities to help low-performing schools;
(10) using a full range of strategies for disseminating information about effective practices, including interactive electronic communications;
(11) working with the Department of Interior, Bureau of Indian Affairs (BIA), to provide technical assistance to BIA-funded low-performing schools; and
(12) taking other steps that can help improve the quality of teaching and instruction in low-performing schools.
(b) The Secretary shall, to the extent permitted by law, take whatever steps the Secretary finds necessary and appropriate to redirect the resources and technical assistance capability of the Department of Education (“Department”) to assist States and localities in improving low-performing schools, and to ensure that the dissemination of research to help turn around low-performing schools is a priority of the Department.
SecSchool Improvement Report. 3. . To monitor the progress of LEAs and schools in turning around failing schools, including those receiving grants from the School Improvement Fund, the Secretary shall prepare an annual School Improvement Report, to be published in September of each year, beginning in 2000. The report shall:
(a) describe trends in the numbers of LEAs and schools identified as needing improvement and subsequent changes in the academic performance of their students;
(b) identify best practices and significant research findings that can be used to help turn around low-performing LEAs and schools; and
(c) document ongoing efforts as a result of this order and other Federal efforts to assist States and local school districts in intervening in low-performing schools, including improving teacher quality. This report shall be publicly accessible.
SecCompliance Monitoring SystemPublic Law 106–11320 U.S.C. 6316. 4. . Consistent with the implementation of the School Improvement Fund, the Secretary shall strengthen the Department’s monitoring of ESEA requirements for identifying and turning around low-performing schools, as well as any new requirements established for the School Improvement Fund by . The Secretary shall give priority to provisions that have the greatest bearing on identifying and turning around low-performing schools, including sections 1116 and 1117 of the ESEA [former , 6317], and to developing an ongoing, focused, and systematic process for monitoring these provisions. This improved compliance monitoring shall be designed to:
(a) ensure that States and LEAs comply with ESEA requirements;
(b) assist States and LEAs in implementing effective procedures and strategies that reflect the best research available, as well as the experience of successful schools, school districts, and States as they address similar objectives and challenges; and
(c) assist States, LEAs, and schools in making the most effective use of available Federal resources.
SecConsultation. 5. . The Secretary shall, where appropriate, consult with executive agencies, State and local education officials, educators, community-based groups, and others in carrying out this Executive order.
SecJudicial Review. 6. . This order is intended only to improve the internal management of the executive branch and is not intended to, and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
Ex. Ord. No. 14191. Expanding Educational Freedom and Opportunity for Families
Ex. Ord. No. 14191, , 90 F.R. 8859, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve the education, well-being, and future success of America’s most prized resource, her young citizens, it is hereby ordered:
SectionPurpose 1. . Parents want and deserve the best education for their children. But too many children do not thrive in their assigned, government-run K–12 school. According to this year’s National Assessment of Educational Progress (NAEP), 70 percent of 8th graders were below proficient in reading, and 72 percent were below proficient in math. Moreover, geographically based school assignments exacerbate the cost of housing in districts with preferred schools, straining the finances of millions of American families sacrificing for their children’s futures.
When our public education system fails such a large segment of society, it hinders our national competitiveness and devastates families and communities. For this reason, more than a dozen States have enacted universal K–12 scholarship programs, allowing families—rather than the government—to choose the best educational setting for their children. These States have highlighted the most promising avenue for education reform: educational choice for families and competition for residentially assigned, government-run public schools. The growing body of rigorous research demonstrates that well-designed education-freedom programs improve student achievement and cause nearby public schools to improve their performance.
Sec.Policy 2. . It is the policy of my Administration to support parents in choosing and directing the upbringing and education of their children.
Sec.Guidance on Supporting State-based K–12 Educational Choice 3. . Within 60 days of the date of this order [], the Secretary of Education shall issue guidance regarding how States can use Federal formula funds to support K–12 educational choice initiatives.
Sec.Encouraging Education Freedom through Discretionary Grant Programs 4. . (a) The Secretary of Education shall include education freedom as a priority in discretionary grant programs, as appropriate and consistent with applicable law.
(b) Within 90 days of the date of this order, the Secretary of Labor and the Secretary of Education shall review their respective discretionary grant programs and each submit a plan to the President, through the Assistant to the President for Domestic Policy, that identifies, evaluates, and makes recommendations regarding using relevant discretionary grant programs to expand education freedom for America’s families and teachers.
Sec.Expanding Opportunities for Low-Income, Working Families 5. . Within 90 days of the date of this order, the Secretary of Health and Human Services shall issue guidance regarding whether and how States receiving block grants for families and children from the Department, including the Child Care and Development Block Grant (CCDGB), can use them to expand educational choice and support families who choose educational alternatives to governmental entities, including private and faith-based options.
Sec.Helping Military Families 6. . Within 90 days of the date of this order, the Secretary of Defense shall review any available mechanisms under which military-connected families may use funds from the Department of Defense to attend schools of their choice, including private, faith-based, or public charter schools, and submit a plan to the President describing such mechanisms and the steps that would be necessary to implement them beginning in the 2025–26 school year.
Sec.Helping Children Eligible for Bureau of Indian Education (BIE) Schools 7. . Within 90 days of the date of this order, the Secretary of the Interior shall review any available mechanisms under which families of students eligible to attend BIE schools may use their Federal funding for educational options of their choice, including private, faith-based, or public charter schools, and submit a plan to the President describing such mechanisms and the steps that would be necessary to implement them for the 2025–26 school year. The Secretary shall report on the current performance of BIE schools and identify educational options in nearby areas.
Sec.General Provisions 8. . (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.