On Tuesday, December 11^th the House-Senate Conference committee approved a final version of the reauthorization of the Elementary and Secondary Education Act legislation, H.R. 1, the No Child Left Behind Act. On Thursday, December 13^th, the House passed the conference report by a vote of 381-41 and the Senate passed the bill on Tuesday, December 18^th by a vote of 87-10. This legislation restructures and renews the Elementary and Secondary Education Act of 1965 for 6 years beginning in FY’02. Below is a summary of provisions of interest to the APA. (More extensive summaries to follow).

Elementary and Secondary School Counseling Program: H.R. 1 reauthorizes this program under Title V, subpart 2, section 5421. The new legislation maintains and expands the current program and includes a new term "other qualified psychologists" which is defined as "an individual who has demonstrated competence in counseling children in a school setting and who 1) is licensed in psychology in the state in which the person works and 2). practices in the scope of the individual’s training and experience with children in school settings." In addition, "child adolescent psychiatrists" are also included as eligible service providers. APA advocated for the inclusion of this program as well as for the inclusion of a new term and definition for "other qualified psychologist."

Gifted and Talented Education Program: H.R. 1 authorizes the Jacob K. Javits Gifted and Talented Students Education Act of 2001. It maintains the structure of the current gifted and talented program (competitive grants to states, local educational agencies, institutions of higher education and other public entities) while placing a greater emphasis on "scientifically based research" in the area of gifted and talented education as well as evaluation of such programs. APA advocated for the inclusion of an expanded program, which was not adopted.

Domenici Integrated Mental Health and School Program: This program was included in the final version of H.R. 1. Section 5541 authorizes a new program that will provide grants to states, school districts or indian tribes for better linking of the school system to the mental health services system in a community. Funds under this program may be used for prevention, diagnosis and treatment as well as the provision of on-going mental health services to young people. APA advocated for the inclusion of this program in the final version of ESEA.

Safe and Drug Free School: The conferenced version of ESEA retains a separate program and authorization for the Safe and Drug Free Schools program. It authorizes $650 million for FY’02 and such sums as necessary for the remaining fiscal years for activities such as the establishment or expansion of local school violence and drug prevention programs as well as early intervention programs; contracts for partnerships with community based organizations for drug and violence prevention, early intervention and community-wide drug and violence prevention activities; training, technical assistance and coordination activities; and contracts with public and private entities to provide technical assistance to conduct training, demonstrations, evaluations and provide supplementary services for drug and violence prevention. It maintains language relating to tolerance education and includes language giving special consideration to programs that include providing and incorporating mental health services to drug and violence prevention programs (in the Chief Executive Officer’s pot). APA advocated for a separate authorization for this program as well as for maintaining strong language relating to tolerance education and mental health services.

21^st Century Community Learning Centers Program: The conferenced version of ESEA retains a separate program and authorization for the 21^st Century Community Learning Centers program under Title IV, Part B. It authorizes $1.25 billion for FY’02 and specific sums for the out years. The program provides funds for academic enrichment, drug and violence prevention programs, counseling programs, art, music and recreational programs and literacy services to students and families. Funds are provided to States by formula and States them make competitive grants to local educational agencies, community based organizations or other private or public entities. APA advocated for a separate authorization for this program.

Reading First and other literacy programs: H.R. 1 authorizes a new "Reading First" program to provide assistance to states and local educational agencies in establishing scientific research-based reading programs for children in kindergarten through third grade. Funds will also be made available for disseminating information about projects that have proven effective in improving reading instruction. This program is one part of an overall literacy strategy in the legislation that acknowledges the importance of research in the area and contains requirements for the Secretary to fund scientifically-based reading research initiatives in the area of literacy and family literacy.

Testing and Accountability: H.R. 1 includes a new requirement for states to implement annual testing in math and reading for grades 3-8 beginning in 2006 (science standards must be developed by 2005-6 school year and implemented by the 2007-8 school year in one grade in each grade span of 3-5, 6-9 and 10-12). State assessments must be aligned with state academic standards, allow student achievement to be comparable from year to year, be of objective knowledge, be based on measurable, verifiable and widely accepted professional assessment standards, be used only if the state provides the Secretary with evidence that the tests are of adequate technical quality for the purposes required under the Act, and not evaluate or assess personal or family beliefs or attitudes. APA advocated for the inclusion of provisions relating to testing that assured quality and fairness, some of which were adopted.

Scientific Research Based programs: Within the "General Provisions" title of the bill (Title IX), there is a definition for "scientifically based research." This is a newly defined term that will apply to all programs within the legislation (when the term is used). The term is defined as: research that involves the involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and includes research that employs systematic, empirical methods that draw on observation or experiment; involves rigorous data analyses and justify the general conclusions drawn; relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random assignment experiments or other designs to the extent that those designs contain within-condition or across-condition controls; ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective and scientific review.

IDEA Discipline – Amendments offered during floor debate in the Senate by Sen. Jeff Sessions and in the House by Reps. Norwood and Barr that would cut off educational services to students displaying certain behaviors including those students with disabilities were not included in the final version of the ESEA reauthorization. APA urged the conference committee to reject the amendments that dealt with discipline under the Individuals with Disabilities of Education Act (IDEA) and instead consider those issues in the context of the reauthorization of that legislation.

Women’s Educational Equity Act (WEEA): The WEEA program is authorized in Title V, subpart 21. This program maintains the important purposes of the program: "to promote gender equity in education in the United States and provides funds for research, development and dissemination of curricular materials, training programs; and technical assistance to promote gender equity at all levels of education. APA advocated for the inclusion of these provisions as part of a coalition.

Math and Science Education: H.R. 1 authorizes a new Math and Science Education program in Title II, Part B. Its purpose is to improve the performance of students in math and science by making grants to States, institutions of higher education and LEAs for improving the stature and status of math and science teaching, provide high quality professional development opportunities for math and science teachers throughout their careers, bring math and science teachers together with scientists, mathematicians and engineers to improve teaching skills, and developing more rigorous math and science curricula. If funds allocated are above $100 million, grants will be made to States by formula. If funds allocated are less than $100 million, grants will be made competitively to eligible partnerships consisting of SEAs, an engineering, math or science department in an institution of higher education and a high need LEA. The program is authorized at $450 million. APA has maintained an interest in all new Math and Science education programs and will continue to monitor their implementation.

Hate Crimes: The bill authorizes Hate Crime Prevention programs under Title IV, section 4123. It renews the current grant program to local educational agencies and community based organizations to: develop education and training programs to prevent and reduce hate-crimes; develop curricula for improving conflict and dispute resolution skills; develop and acquire educational materials; fund professional development for teachers and administrators on the causes and resolutions of hate crimes or hate-based conflicts.

Parental Rights (Tiahrt): Language relating to "parental rights" as adopted in the House version of the ESEA bill was included in a modified form in the final version of H.R. 1 (the original amendment was offered by Rep. Tiahrt of Kansas). The conference language in H.R. 1 does not impose a prior written consent standard for school-based research, and its parental notice provisions for school-based services are only triggered by invasive non-emergency examinations that are required for school attendance. While the federal government is not imposing a written consent standard or other limitations to school-based research, local educational agencies can certainly do so if they choose. A proliferation of various local policies does not bode well for multi-site research studies that are regulated at the federal level. Research has no local infrastructure, and there are few people at the LEA level who will work to protect the ability of scientists to conduct research in schools. APA’s Science PPO spearheaded efforts to strike or reach a compromise on this initiative and will lead an on-going effort to monitor the effects of this policy on school-based research.

Boy Scouts: H.R. 1 includes a provision relating to equal access to public school facilities. It was the view of the APA that the provision represented an unwarranted intrusion into the ability of school districts to set standards for the use of their own facilities and bestows upon one group unique rights that are not available to other student-led groups. Further, the amendment is redundant, as the First Amendment protects the Boy Scouts’ right to use public school facilities to the same extent and manner as any other group allowed to use such facilities. APA opposed the amendment that was adopted in the final conference report.