Better Education for Students and Teachers Act

Better Education for Students and Teachers Act -Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, rename, consolidate, and reauthorize certain programs and activities.

Title I: Better Results for Disadvantaged Children - Revises ESEA title I as Better Results for Disadvantaged Children (currently Helping Disadvantaged Children Meet High Standards).

Part A: Better Results for Disadvantaged Children - Revises title I part A, also Better Results for Disadvantaged Children, with respect to: (1) yearly testing and assessments of student performance; (2) Adequate Yearly Progress (AYP) standards; (3) identification of schools for improvement and corrective actions; (4) public school choice options to be offered under certain conditions; (5) reporting to parents and the public on school performance and teacher quality; (6) State reservation of funds for school improvement; (7) formulas relating to Basic, Concentration, Targeted, and Education Finance Incentive Grants; and (8) eligibility requirements for schoolwide programs.

Part B: Literacy for Children and Families - Revises title I part B, Literacy for Children and Families, to: (1) reauthorize the William F. Goodling Even Start Family Literacy Program; and (2) establish Reading First and Early Reading First initiative programs.

Part C: Education of Migratory Children - Reauthorizes and revises ESEA title I part C, Education of Migratory Children.

Part D: Initiatives for Neglected, Delinquent, or at Risk Youth - Sets forth as ESEA title I part D, Initiatives for Neglected, Delinquent, or At Risk Youth (replacing part D, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out).

Part E: 21st Century Learning Centers; Comprehensive School Reform; School Dropout Prevention - Revises ESEA title I to reauthorize and revise the 21st Century Learning Centers program as part F (21st Century Community Learning Centers Act).

(Sec. 151) Establishes a part G Comprehensive School Reform program of formula grants to States for competitive subgrants to LEA.

Dropout Prevention Act - Establishes a part H School Dropout Prevention program, including: (1) a Coordinated National Strategy; and (2) a National School Dropout Prevention Initiative.

Part F: Education for Homeless Children and Youth - Amends the Stewart B. McKinney Homeless Assistance Act to revise and reauthorize provisions for Education for Homeless Children and Youth.

Title II: Teachers - Revises ESEA title II, Teachers, to eliminate the current Eisenhower Professional Development and Class-Size Reduction programs. Establishes a part A Teacher Quality formula grant program for State and local educational agencies (SEAs and LEAs) to support various similar activities to improve elementary and secondary school teaching. Sets forth requirements relating to such SEA and LEA activities and performance objectives. Includes among authorized national teacher activities, to be administered by the Secretary of Education (the Secretary), support for: (1) professional development for school leaders; (2) teachers seeking advanced certification through the National Board for Professional Teaching Standards; (3) the Troops-to-Teachers program recruiting military retirees into teaching; and (4) a program supporting transition to teaching by mid-career professionals.

(Sec. 201) Establishes a part B Mathematics and Science Partnerships program involving SEAs, higher education mathematics or science departments, and LEAs.

Reauthorizes the Eisenhower National Clearinghouse for Math and Science Education.

Establishes the Preparing Tomorrow's Teachers to Use Technology grants program.

Sets forth a title II part C, State and Local Programs for Technology Use in Classrooms, with formula grants to States to provide competitive grants to LEAs.

(Sec. 202) Teacher Mobility Act - Sets forth a title II part D, Portability of Teacher Pensions and Credentials. Establishes a National Panel on Portability of Teacher Pensions and Credentials.

Title III: Moving Limited English Proficient Students to English Fluency - Eliminates the current ESEA title III, Technology for Education, including programs for technology for education of all students, Star Schools, Ready-to-Learn Television, and elementary mathematics and science equipment.

(Sec. 301) Sets forth as a new title III, Education for Limited English Proficient and Recent Immigrant Pupils (transferring and revising some of current title VII, Bilingual Education, Language Enhancement, and Language Acquisition Programs). Revises and reauthorizes the Bilingual Education Act to: (1) consolidate certain programs; (2) require yearly assessment of English proficiency of students served; (3) eliminate a funding cap for non-bilingual programs under instructional services grants; and (4) set priorities in making grants to certain applicants.

Sets forth part A, Bilingual Education, including provisions for: (1) capacity and demonstration grants; (2) research, evaluation, and dissemination; and (3) professional development.

Reauthorizes the programs of: (1) part B, Foreign Language Assistance (the Foreign Language Assistance Act of 1994); and (2) part C, Emergency Immigrant Education.

Title IV: Safe and Drug-free Schools and Communities - Revises ESEA title IV, Safe and Drug Free Schools and Communities, to: (1) authorize assistance for hiring drug prevention and school safety program coordinators in schools; (2) require participating schools to assess drug and violence problems, set measurable goals, use a research-based prevention framework for programs, and conduct evaluations; (3) include among uses of funds drug testing, locker searches, nationwide background checks of employees, and training in threat and crisis management and identification and response to troubled and violent youth.

(Sec. 401) Reauthorizes and revises as part A (State Grants) the current ESEA title IV (the Safe and Drug-Free Schools and Communities Act of 1994), including: (1) State grants for drug and violence prevention programs, including programs for Native Hawaiians; and (2) national programs.

Revises requirements for: (1) SEAs, LEAs, and Governors, in developing program applications; (2) school accountability; and (3) national evaluations.

Directs the Secretary to establish a National Coordinator Program of grants to LEAs to hire drug prevention and school safety program coordinators.

Establishes the Safe and Drug Free Schools and Communities Advisory Committee to review regulations and standards.

Revises requirements relating to national programs, including specified Federal activities as well as grants for local hate crime prevention.

(Sec. 402) Redesignates Gun Possession as part B of title IV (it is currently under title XIV part F, known as the Gun-Free Schools Act of 1994). Revises requirements for States receiving ESEA funds to require LEA agencies to: (1) expel from school for at least one year any student who brings a weapon to school, allowing for case-by-case modifications; and (2) have a policy requiring each school to refer to the criminal justice or juvenile delinquency system any student who brings a firearm to school.

(Sec. 403) Establishes as ESEA title IV part C School Safety and Violence Prevention. Allows Federal funds provided under title IV and certain title V provisions of ESEA to be used for: (1) training school personnel in threat identification, crisis preparedness and intervention, and emergency response; (2) training parents, teachers, school personnel and community members in identifying and responding to early warning signs of troubled and violent youth; (3) establishing innovative research-based delinquency and violence prevention programs, including school anti-violence and mentoring programs; (4) making comprehensive school security assessments; (5) purchasing school security equipment and technologies, including metal detectors, electronic locks, and surveillance cameras; (6) establishing collaborative efforts with community-based organizations, including faith-based organizations, statewide consortia, and law enforcement agencies; (7) assisting States, LEAs, or schools to establish school uniform policies; (8) assisting school resource officers, including community policing officers; and (9) establishing other innovative, local responses.

Provides that nothing in the ESEA can be construed to prohibit States, LEAs, or schools from establishing a school uniform policy.

Requires States receiving Federal funds under ESEA to establish a procedure for transfer of a student's suspension and expulsion disciplinary records by LEAs to any private or public elementary or secondary school in which a student is or seeks to be enrolled. Makes such requirement inapplicable to such records transferred from nonpublic schools or entities.

Amends the National Child Protection Act of 1993 to allow certain funds under such Act to be made available for background checks on individuals who are employed, or seek employment, with schools in any capacity, including as a child care provider, teacher, or another member of school personnel.

(Sec. 404) Pro-Children Act of 2001 - Redesignates as ESEA title IV part D Environmental Tobacco Smoke prohibitions current similar requirements for a tobacco smoke-free environment for schools under part C of title X of the Goals 2000: Educate America Act, which is herewith repealed. Reauthorizes prohibitions against smoking within any indoor facility used for routine or regular provision of children's services (up to age 18), including health, day care, early development, education, or library services. Sets forth procedures for civil penalties and administrative compliance orders to be enforced by the Secretary of Health and Human Services.

Title V: Public School Choice and Flexibility - Sets forth as ESEA title V, Public School Choice and Flexibility. (Eliminates current title V. Promoting Equity, current parts B and C provisions for Women's Educational Equity and for Assistance to Address School Dropout Problems.)

(Sec. 501) Sets forth part A Public School Choice to: (1) reauthorize provisions for public Charter Schools (current title X, part C) and for Magnet Schools assistance (current title V, part A); and (2) establish a Public School Choice program.

Education Flexibility Partnership Act of 2001 - Revises and reauthorizes (under part B Flexibility) provisions for education flexibility partnerships.

Rural Education Achievement Program - Revises and reauthorizes (under part B Flexibility) provisions for a Rural Education Initiative, with grants for small rural schools and for low-income and rural schools.

Reauthorizes and revises (under part B Flexibility) provisions for: (1) waivers of certain ESEA requirements; and (2) certain Innovative Education Program Strategies (currently under title VI).

Reauthorizes current title XIV part B as part C Flexibility in the Use of Administrative and Other Funds.

Reauthorizes current title XIV part C as part D Coordination of Programs; Consolidated State and Local Plans and Applications.

Access to High Standards Act - Establishes part E Advanced Placement (AP) Programs of assistance to increase the access of low-income students to AP high school courses and AP tests to earn advanced placement and credits at institutions of higher education.

Title VI: Parental Involvement and Accountability - Sets forth a new ESEA title VI, Parental Involvement and Accountability, with part A Parental Assistance authorizing Parental Information and Resource Centers (currently under the Goals 200: Educate America Act). (Certain current title VI provisions for Innovative Education Program Strategies are transferred to and revised under title V.)

(Sec. 601) Sets forth part B, Improving Academic Achievement, which: (1) authorizes various education performance awards for States and schools; and (2) penalizes States that fail to achieve progress in certain educational assessments by reducing administrative funds under ESEA formula grant programs.

Title VII: Indian, Native Hawaiian, and Alaska Native Education - Reauthorizes and revises title VII Indian, Native Hawaiian, and Alaska Native Education (current title IX).

Title VIII: Repeals - Repeals the Goals 2000: Educate America Act, and the following ESEA titles: (1) IX, transferred to VII; (2) X, Programs of National Significance, including the Fund for the Improvement of Education and programs for gifted and talented children, arts in education, inexpensive book distribution, civic education, Ellender fellowships, urban and rural education assistance, and the national writing project; (3) XI, Coordinated Services; (4) XII, School Facilities Infrastructure Improvement, a program of grants for school construction and renovation; (5) XIII, Support and Assistance Programs to Improve Education, including comprehensive regional assistance centers, the national diffusion network, Eisenhower regional mathematics and science education consortia, and technology-based technical assistance; and (6) XIV, some general provisions.

Title IX: Miscellaneous Provisions - Authorizes the Secretary to award a grant to the Board on Testing and Assessment of the National Research Council of the National Academy of Sciences to enable it to conduct an ongoing evaluation (for up to four years) of a representative sample of SEAs and LEAs on the intended and unintended consequences of high stakes assessments on: (1) individual students, teachers, parents, families, schools, and school districts; (2) students with disabilities; and (3) low socio-economic students, limited English proficient students, and minority students.