; (B) less than half of Americans (46 percent) correctly stated that the Supreme Court has the final responsibility for determining the constitutionality of laws if the President and Supreme Court disagree; and (C) 26 percent could not name any of the rights guaranteed under the First Amendment. (5) In 2018, only 24 percent of eighth graders were found to have performed at or above the proficient level on the National Assessment of Educational Progress civics exam conducted by the National Center of Education Studies. (6) A lack of knowledge regarding the structural basics of our constitutional republic and the history of our struggle for suffrage and civil rights creates an increasingly ill-equipped electorate which over time, can, and will continue to, contribute to a weakened democracy. 3. Amendments to the Elementary and Secondary Education Act of 1965 Section 2233 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6663 ) is amended— (1) in subsection (a)— (A) by inserting and prioritize innovative civics learning and teaching, including by encouraging after to encourage ; and (B) by inserting (including students and teachers at high-need schools (as defined in section 2221)) before the period; (2) in subsection (b)— (A) by inserting and appropriated under subsection (h) of this section after 2231(b)(2) ; and (B) by striking paragraph (2) and inserting the following: (2) may include— (A) hands-on civic engagement activities for teachers and students; (B) activities about the history and principle of the Constitution of the United States, including the Bill of Rights, women’s suffrage, and the civil rights movement; (C) before-school, during-school, after-school, and extracurricular activities; (D) activities that include service learning and community service projects that are linked to school curriculum; (E) activities that encourage and support student participation in school governance; and (F) online and video game based learning.