Summary of the Provisions of Title IX

of the ESEA-No Child Left Behind Act of 2001

General Provisions

Part A -- Definitions

Part B -- Flexibility in the Use of Administrative and Other Funds

Part C -- Coordination of Programs; Consolidated State and Local Plans and Applications

Part D -- Waivers

Part E -- Uniform Provisions

Part F -- Evaluations

Summary of Title IX
Title IX contains six parts labeled A through F and 38 subparts. Each part relates to general provisions that affect all programs under ESEA.

Part A -- Definitions
Provides definitions of key words of phrases such as "scientifically based research" attendance, found throughout the act.

Part B -- Flexibility in the Use of Administrative and Other Funds
Provides for the consolidation of funds awarded to the state education agency for administration. Part B also requires the state education agency to establish procedures for responding to requests from local education agencies (LEAs) to consolidate administrative funds at the local level.

Part C -- Coordination of Programs: Consolidated State and Local Plans and Applications
Provides language that allows state and local agencies to submit consolidated plan applications and reporting for specific ESEA programs.

Part D -- Waivers
Provides language that allows waivers for state and local education agencies from statutory and regulatory requirements.

Part E -- Uniform Provisions
Outlines several requirements and prohibitions for ESEA programs including: equitable participation of private school children, teachers and other educational personnel; maintenance of effort; prohibition on discrimination, etc.

Part F -- Evaluations
Provides for the evaluation of ESEA programs by the U.S. Department of Education.

While not all new, examples of provisions found in parts A through F that affect all ESEA programs are as follows:

• Requires LEAs to provide services to private schools in a timely fashion and include them in planning such programs.
• Prohibits the use of funds for mandatory teacher or paraeducator national testing.
• Requires LEAs receiving ESEA funds to provide Armed Forces recruiters the names, addresses, and telephone listings of secondary students and grant them the same access to high school students as college and job recruiters.
• Prohibits use of funds for condom or other contraceptive distribution, obscene materials, promotion of sexual activity, and non-age appropriate sex education.
• Requires the state to develop a policy to allow students attending a persistently dangerous school, as determined by the state, or a victim of a violent criminal offense to be allowed to attend a safe public school within the LEA.
• Denies funds to any LEA that discriminates against or denies equal access to Boy Scouts of America.
• Denies funds to any LEA that prevents or denies participation in constitutionally protected school prayer.
• Prohibits federal control of home schools and ensures that home schools are not subject to ESEA or ESEA assessments.

Program contact:
For additional Information on Title IX please contact the program person identified in any of the other titles.

For questions about this information, contact Mary Jo Parman (608) 266-2158

Last updated on 2/26/2008 10:18:41 AM