US (United States) Code. Title 20. Chapter 70: Strengthening and Improvement of Elementary and Secondary Schools

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in subsec.

(d)(1)(A)(ii), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part A (Sec.

450f et seq.) of subchapter II of chapter 14 of Title 25, Indians.

For complete classification of this Act to the Code, see Short

Title note set out under section 450 of Title 25 and Tables.

The Tribally Controlled Schools Act of 1988, referred to in

subsec. (d)(1)(A)(ii), is part B (Sec. 5201-5212) of title V of

Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is

classified generally to chapter 27 (Sec. 2501 et seq.) of Title 25,

Indians. For complete classification of this Act to the Code, see

Short Title note set out under section 2501 of Title 25 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7423, Pub. L. 89-10, title VII, Sec. 7113, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3720, related to program enhancement projects, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6912

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7427, 7428 of this title.

-CITE-

20 USC Sec. 7424 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7424. Applications

-STATUTE-

(a) Application required

Each local educational agency that desires to receive a grant

under this subpart shall submit an application to the Secretary at

such time, in such manner, and containing such information as the

Secretary may reasonably require.

(b) Comprehensive program required

Each application submitted under subsection (a) of this section

shall include a description of a comprehensive program for meeting

the needs of Indian children served by the local educational

agency, including the language and cultural needs of the children,

that -

(1) describes how the comprehensive program will offer programs

and activities to meet the culturally related academic needs of

American Indian and Alaska Native students;

(2)(A) is consistent with the State and local plans submitted

under other provisions of this chapter; and

(B) includes academic content and student academic achievement

goals for such children, and benchmarks for attaining such goals,

that are based on the challenging State academic content and

student academic achievement standards adopted under subchapter I

of this chapter for all children;

(3) explains how Federal, State, and local programs, especially

programs carried out under subchapter I of this chapter, will

meet the needs of such students;

(4) demonstrates how funds made available under this subpart

will be used for activities described in section 7425 of this

title;

(5) describes the professional development opportunities that

will be provided, as needed, to ensure that -

(A) teachers and other school professionals who are new to

the Indian community are prepared to work with Indian children;

and

(B) all teachers who will be involved in programs assisted

under this subpart have been properly trained to carry out such

programs; and

(6) describes how the local educational agency -

(A) will periodically assess the progress of all Indian

children enrolled in the schools of the local educational

agency, including Indian children who do not participate in

programs assisted under this subpart, in meeting the goals

described in paragraph (2);

(B) will provide the results of each assessment referred to

in subparagraph (A) to -

(i) the committee described in subsection (c)(4) of this

section; and

(ii) the community served by the local educational agency;

and

(C) is responding to findings of any previous assessments

that are similar to the assessments described in subparagraph

(A).

(c) Assurances

Each application submitted under subsection (a) of this section

shall include assurances that -

(1) the local educational agency will use funds received under

this subpart only to supplement the funds that, in the absence of

the Federal funds made available under this subpart, such agency

would make available for the education of Indian children, and

not to supplant such funds;

(2) the local educational agency will prepare and submit to the

Secretary such reports, in such form and containing such

information, as the Secretary may require to -

(A) carry out the functions of the Secretary under this

subpart; and

(B) determine the extent to which activities carried out with

funds provided to the local educational agency under this

subpart are effective in improving the educational achievement

of Indian students served by such agency;

(3) the program for which assistance is sought -

(A) is based on a comprehensive local assessment and

prioritization of the unique educational and culturally related

academic needs of the American Indian and Alaska Native

students for whom the local educational agency is providing an

education;

(B) will use the best available talents and resources,

including individuals from the Indian community; and

(C) was developed by such agency in open consultation with

parents of Indian children and teachers, and, if appropriate,

Indian students from secondary schools, including through

public hearings held by such agency to provide to the

individuals described in this subparagraph a full opportunity

to understand the program and to offer recommendations

regarding the program; and

(4) the local educational agency developed the program with the

participation and written approval of a committee -

(A) that is composed of, and selected by -

(i) parents of Indian children in the local educational

agency's schools;

(ii) teachers in the schools; and

(iii) if appropriate, Indian students attending secondary

schools of the agency;

(B) a majority of whose members are parents of Indian

children;

(C) that has set forth such policies and procedures,

including policies and procedures relating to the hiring of

personnel, as will ensure that the program for which assistance

is sought will be operated and evaluated in consultation with,

and with the involvement of, parents of the children, and

representatives of the area, to be served;

(D) with respect to an application describing a schoolwide

program in accordance with section 7425(c) of this title, that

has -

(i) reviewed in a timely fashion the program; and

(ii) determined that the program will not diminish the

availability of culturally related activities for American

Indian and Alaska Native students; and

(E) that has adopted reasonable bylaws for the conduct of the

activities of the committee and abides by such bylaws.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7114, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1910.)

-MISC1-

PRIOR PROVISIONS

A prior section 7424, Pub. L. 89-10, title VII, Sec. 7114, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3721, related to comprehensive school grants, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6913

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7423, 7425, 7427, 7429 of

this title; title 25 section 456.

-CITE-

20 USC Sec. 7425 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7425. Authorized services and activities

-STATUTE-

(a) General requirements

Each local educational agency that receives a grant under this

subpart shall use the grant funds, in a manner consistent with the

purpose specified in section 7421 of this title, for services and

activities that -

(1) are designed to carry out the comprehensive program of the

local educational agency for Indian students, and described in

the application of the local educational agency submitted to the

Secretary under section 7424(a) of this title;

(2) are designed with special regard for the language and

cultural needs of the Indian students; and

(3) supplement and enrich the regular school program of such

agency.

(b) Particular activities

The services and activities referred to in subsection (a) of this

section may include -

(1) culturally related activities that support the program

described in the application submitted by the local educational

agency;

(2) early childhood and family programs that emphasize school

readiness;

(3) enrichment programs that focus on problem solving and

cognitive skills development and directly support the attainment

of challenging State academic content and student academic

achievement standards;

(4) integrated educational services in combination with other

programs that meet the needs of Indian children and their

families;

(5) career preparation activities to enable Indian students to

participate in programs such as the programs supported by the

Carl D. Perkins Vocational and Technical Education Act of 1998

(20 U.S.C. 2301 et seq.), including programs for tech-prep

education, mentoring, and apprenticeship;

(6) activities to educate individuals concerning substance

abuse and to prevent substance abuse;

(7) the acquisition of equipment, but only if the acquisition

of the equipment is essential to achieve the purpose described in

section 7421 of this title;

(8) activities that promote the incorporation of culturally

responsive teaching and learning strategies into the educational

program of the local educational agency;

(9) activities that incorporate American Indian and Alaska

Native specific curriculum content, consistent with State

standards, into the curriculum used by the local educational

agency;

(10) family literacy services; and

(11) activities that recognize and support the unique cultural

and educational needs of Indian children, and incorporate

appropriately qualified tribal elders and seniors.

(c) Schoolwide programs

Notwithstanding any other provision of law, a local educational

agency may use funds made available to such agency under this

subpart to support a schoolwide program under section 6314 of this

title if -

(1) the committee established pursuant to section 7424(c)(4) of

this title approves the use of the funds for the schoolwide

program; and

(2) the schoolwide program is consistent with the purpose

described in section 7421 of this title.

(d) Limitation on administrative costs

Not more than 5 percent of the funds provided to a grantee under

this subpart for any fiscal year may be used for administrative

purposes.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7115, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1912.)

-REFTEXT-

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (b)(5), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which is classified generally to

chapter 44 (Sec. 2301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7425, Pub. L. 89-10, title VII, Sec. 7115, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3722, related to systemwide improvement grants, prior to the

general amendment of this subchapter by Pub. L. 107-110. See

section 6913 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7424 of this title.

-CITE-

20 USC Sec. 7426 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7426. Integration of services authorized

-STATUTE-

(a) Plan

An entity receiving funds under this subpart may submit a plan to

the Secretary for the integration of education and related services

provided to Indian students.

(b) Consolidation of programs

Upon the receipt of an acceptable plan under subsection (a) of

this section, the Secretary, in cooperation with each Federal

agency providing grants for the provision of education and related

services to the entity, shall authorize the entity to consolidate,

in accordance with such plan, the federally funded education and

related services programs of the entity and the Federal programs,

or portions of the programs, serving Indian students in a manner

that integrates the program services involved into a single,

coordinated, comprehensive program and reduces administrative costs

by consolidating administrative functions.

(c) Programs affected

The funds that may be consolidated in a demonstration project

under any such plan referred to in subsection (a) of this section

shall include funds for any Federal program exclusively serving

Indian children, or the funds reserved under any Federal program to

exclusively serve Indian children, under which the entity is

eligible for receipt of funds under a statutory or administrative

formula for the purposes of providing education and related

services that would be used to serve Indian students.

(d) Plan requirements

For a plan to be acceptable pursuant to subsection (b) of this

section, the plan shall -

(1) identify the programs or funding sources to be

consolidated;

(2) be consistent with the objectives of this section

concerning authorizing the services to be integrated in a

demonstration project;

(3) describe a comprehensive strategy that identifies the full

range of potential educational opportunities and related services

to be provided to assist Indian students to achieve the

objectives set forth in this subpart;

(4) describe the way in which services are to be integrated and

delivered and the results expected from the plan;

(5) identify the projected expenditures under the plan in a

single budget;

(6) identify the State, tribal, or local agency or agencies to

be involved in the delivery of the services integrated under the

plan;

(7) identify any statutory provisions, regulations, policies,

or procedures that the entity believes need to be waived in order

to implement the plan;

(8) set forth measures for academic content and student

academic achievement goals designed to be met within a specific

period of time; and

(9) be approved by a committee formed in accordance with

section 7424(c)(4) of this title, if such a committee exists.

(e) Plan review

Upon receipt of the plan from an eligible entity, the Secretary

shall consult with the Secretary of each Federal department

providing funds to be used to implement the plan, and with the

entity submitting the plan. The parties so consulting shall

identify any waivers of statutory requirements or of Federal

departmental regulations, policies, or procedures necessary to

enable the entity to implement the plan. Notwithstanding any other

provision of law, the Secretary of the affected department shall

have the authority to waive any regulation, policy, or procedure

promulgated by that department that has been so identified by the

entity or department, unless the Secretary of the affected

department determines that such a waiver is inconsistent with the

objectives of this subpart or those provisions of the statute from

which the program involved derives authority that are specifically

applicable to Indian students.

(f) Plan approval

Within 90 days after the receipt of an entity's plan by the

Secretary, the Secretary shall inform the entity, in writing, of

the Secretary's approval or disapproval of the plan. If the plan

is disapproved, the entity shall be informed, in writing, of the

reasons for the disapproval and shall be given an opportunity to

amend the plan or to petition the Secretary to reconsider such

disapproval.

(g) Responsibilities of Department of Education

Not later than 180 days after January 8, 2002, the Secretary of

Education, the Secretary of the Interior, and the head of any other

Federal department or agency identified by the Secretary of

Education, shall enter into an interdepartmental memorandum of

agreement providing for the implementation of the demonstration

projects authorized under this section. The lead agency head for a

demonstration project under this section shall be -

(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under title

XI of the Education Amendments of 1978 (25 U.S.C. 2001 et seq.);

or

(2) the Secretary of Education, in the case of any other

entity.

(h) Responsibilities of lead agency

The responsibilities of the lead agency shall include -

(1) the use of a single report format related to the plan for

the individual project, which shall be used by an eligible entity

to report on the activities undertaken under the project;

(2) the use of a single report format related to the projected

expenditures for the individual project which shall be used by an

eligible entity to report on all project expenditures;

(3) the development of a single system of Federal oversight for

the project, which shall be implemented by the lead agency; and

(4) the provision of technical assistance to an eligible entity

appropriate to the project, except that an eligible entity shall

have the authority to accept or reject the plan for providing

such technical assistance and the technical assistance provider.

(i) Report requirements

A single report format shall be developed by the Secretary,

consistent with the requirements of this section. Such report

format shall require that reports described in subsection (h) of

this section, together with records maintained on the consolidated

program at the local level, shall contain such information as will

allow a determination that the eligible entity has complied with

the requirements incorporated in its approved plan, including

making a demonstration of student academic achievement, and will

provide assurances to each Secretary that the eligible entity has

complied with all directly applicable statutory requirements and

with those directly applicable regulatory requirements that have

not been waived.

(j) No reduction in amounts

In no case shall the amount of Federal funds available to an

eligible entity involved in any demonstration project be reduced as

a result of the enactment of this section.

(k) Interagency fund transfers authorized

The Secretary is authorized to take such action as may be

necessary to provide for an interagency transfer of funds otherwise

available to an eligible entity in order to further the objectives

of this section.

(l) Administration of funds

(1) In general

Program funds for the consolidated programs shall be

administered in such a manner as to allow for a determination

that funds from a specific program are spent on allowable

activities authorized under such program, except that the

eligible entity shall determine the proportion of the funds

granted that shall be allocated to such program.

(2) Separate records not required

Nothing in this section shall be construed as requiring the

eligible entity to maintain separate records tracing any services

or activities conducted under the approved plan to the individual

programs under which funds were authorized for the services or

activities, nor shall the eligible entity be required to allocate

expenditures among such individual programs.

(m) Overage

The eligible entity may commingle all administrative funds from

the consolidated programs and shall be entitled to the full amount

of such funds (under each program's or agency's regulations). The

overage (defined as the difference between the amount of the

commingled funds and the actual administrative cost of the

programs) shall be considered to be properly spent for Federal

audit purposes, if the overage is used for the purposes provided

for under this section.

(n) Fiscal accountability

Nothing in this part shall be construed so as to interfere with

the ability of the Secretary or the lead agency to fulfill the

responsibilities for the safeguarding of Federal funds pursuant to

chapter 75 of title 31.

(o) Report on statutory obstacles to program integration

(1) Preliminary report

Not later than 2 years after January 8, 2002, the Secretary of

Education shall submit a preliminary report to the Committee on

Education and the Workforce and the Committee on Resources of the

House of Representatives and the Committee on Health, Education,

Labor, and Pensions and the Committee on Indian Affairs of the

Senate on the status of the implementation of the demonstration

projects authorized under this section.

(2) Final report

Not later than 5 years after January 8, 2002, the Secretary of

Education shall submit a report to the Committee on Education and

the Workforce and the Committee on Resources of the House of

Representatives and the Committee on Health, Education, Labor,

and Pensions and the Committee on Indian Affairs of the Senate on

the results of the implementation of the demonstration projects

authorized under this section. Such report shall identify

statutory barriers to the ability of participants to integrate

more effectively their education and related services to Indian

students in a manner consistent with the objectives of this

section.

(p) Definitions

For the purposes of this section, the term ''Secretary'' means -

(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under title

XI of the Education Amendments of 1978 (25 U.S.C. 2001 et seq.);

or

(2) the Secretary of Education, in the case of any other

entity.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7116, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1913.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1978, referred to in subsecs. (g)(1)

and (p)(1), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as

amended. Title XI of the Act is classified principally to chapter

22 (Sec. 2001 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title of 1978

Amendment note set out under section 6301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7426, Pub. L. 89-10, title VII, Sec. 7116, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3723, related to applications for grants, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6914

of this title.

-CITE-

20 USC Sec. 7427 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7427. Student eligibility forms

-STATUTE-

(a) In general

The Secretary shall require that, as part of an application for a

grant under this subpart, each applicant shall maintain a file,

with respect to each Indian child for whom the local educational

agency provides a free public education, that contains a form that

sets forth information establishing the status of the child as an

Indian child eligible for assistance under this subpart, and that

otherwise meets the requirements of subsection (b) of this section.

(b) Forms

The form described in subsection (a) of this section shall

include -

(1) either -

(A)(i) the name of the tribe or band of Indians (as defined

in section 7491 of this title) with respect to which the child

claims membership;

(ii) the enrollment number establishing the membership of the

child (if readily available); and

(iii) the name and address of the organization that maintains

updated and accurate membership data for such tribe or band of

Indians; or

(B) the name, the enrollment number (if readily available),

and the name and address of the organization responsible for

maintaining updated and accurate membership data, of any parent

or grandparent of the child from whom the child claims

eligibility under this subpart, if the child is not a member of

the tribe or band of Indians (as so defined);

(2) a statement of whether the tribe or band of Indians (as so

defined), with respect to which the child, or parent or

grandparent of the child, claims membership, is federally

recognized;

(3) the name and address of the parent or legal guardian of the

child;

(4) a signature of the parent or legal guardian of the child

that verifies the accuracy of the information supplied; and

(5) any other information that the Secretary considers

necessary to provide an accurate program profile.

(c) Statutory construction

Nothing in this section shall be construed to affect a definition

contained in section 7491 of this title.

(d) Forms and standards of proof

The forms and the standards of proof (including the standard of

good faith compliance) that were in use during the 1985-86 academic

year to establish the eligibility of a child for entitlement under

the Indian Elementary and Secondary School Assistance Act shall be

the forms and standards of proof used -

(1) to establish eligibility under this subpart; and

(2) to meet the requirements of subsection (a) of this section.

(e) Documentation

For purposes of determining whether a child is eligible to be

counted for the purpose of computing the amount of a grant award

under section 7423 of this title, the membership of the child, or

any parent or grandparent of the child, in a tribe or band of

Indians (as so defined) may be established by proof other than an

enrollment number, notwithstanding the availability of an

enrollment number for a member of such tribe or band. Nothing in

subsection (b) of this section shall be construed to require the

furnishing of an enrollment number.

(f) Monitoring and evaluation review

(1) In general

(A) Review

For each fiscal year, in order to provide such information as

is necessary to carry out the responsibility of the Secretary

to provide technical assistance under this subpart, the

Secretary shall conduct a monitoring and evaluation review of a

sampling of the recipients of grants under this subpart. The

sampling conducted under this subparagraph shall take into

account the size of and the geographic location of each local

educational agency.

(B) Exception

A local educational agency may not be held liable to the

United States or be subject to any penalty, by reason of the

findings of an audit that relates to the date of completion, or

the date of submission, of any forms used to establish, before

April 28, 1988, the eligibility of a child for an entitlement

under the Indian Elementary and Secondary School Assistance

Act.

(2) False information

Any local educational agency that provides false information in

an application for a grant under this subpart shall -

(A) be ineligible to apply for any other grant under this

subpart; and

(B) be liable to the United States for any funds from the

grant that have not been expended.

(3) Excluded children

A student who provides false information for the form required

under subsection (a) of this section shall not be counted for the

purpose of computing the amount of a grant under section 7423 of

this title.

(g) Tribal grant and contract schools

Notwithstanding any other provision of this section, in

calculating the amount of a grant under this subpart to a tribal

school that receives a grant or contract from the Bureau of Indian

Affairs, the Secretary shall use only one of the following, as

selected by the school:

(1) A count of the number of students in the schools certified

by the Bureau.

(2) A count of the number of students for whom the school has

eligibility forms that comply with this section.

(h) Timing of child counts

For purposes of determining the number of children to be counted

in calculating the amount of a local educational agency's grant

under this subpart (other than in the case described in subsection

(g)(1) of this section), the local educational agency shall -

(1) establish a date on, or a period not longer than 31

consecutive days during, which the agency counts those children,

if that date or period occurs before the deadline established by

the Secretary for submitting an application under section 7424 of

this title; and

(2) determine that each such child was enrolled, and receiving

a free public education, in a school of the agency on that date

or during that period, as the case may be.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7117, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1916.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Elementary and Secondary School Assistance Act,

referred to in subsecs. (d) and (f)(1)(B), is title III of act

Sept. 30, 1950, ch. 1124, as added by Pub. L. 92-318, title IV,

Sec. 411(a), June 23, 1972, 86 Stat. 335, as amended, which was

classified generally to subchapter III (Sec. 241aa et seq.) of

chapter 13 of this title, prior to repeal by Pub. L. 100-297, title

V, Sec. 5352(1), Apr. 28, 1988, 102 Stat. 414.

-MISC2-

PRIOR PROVISIONS

A prior section 7427, Pub. L. 89-10, title VII, Sec. 7117, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3727, related to intensified instruction for limited English

proficient students, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7423 of this title.

-CITE-

20 USC Sec. 7428 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7428. Payments

-STATUTE-

(a) In general

Subject to subsections (b) and (c) of this section, the Secretary

shall pay to each local educational agency that submits an

application that is approved by the Secretary under this subpart

the amount determined under section 7423 of this title. The

Secretary shall notify the local educational agency of the amount

of the payment not later than June 1 of the year for which the

Secretary makes the payment.

(b) Payments taken into account by the State

The Secretary may not make a grant under this subpart to a local

educational agency for a fiscal year if, for such fiscal year, the

State in which the local educational agency is located takes into

consideration payments made under this chapter (FOOTNOTE 1) in

determining the eligibility of the local educational agency for

State aid, or the amount of the State aid, with respect to the free

public education of children during such fiscal year or the

preceding fiscal year.

(FOOTNOTE 1) So in original. Probably should be ''this

subpart''.

(c) Reduction of payment for failure to maintain fiscal effort

(1) In general

The Secretary may not pay a local educational agency the full

amount of a grant award determined under section 7423 of this

title for any fiscal year unless the State educational agency

notifies the Secretary, and the Secretary determines, that with

respect to the provision of free public education by the local

educational agency for the preceding fiscal year, the combined

fiscal effort of the local educational agency and the State,

computed on either a per student or aggregate expenditure basis,

was not less than 90 percent of the amount of the combined fiscal

effort, computed on the same basis, for the second preceding

fiscal year.

(2) Failure to maintain effort

If, for the preceding fiscal year, the Secretary determines

that a local educational agency and State failed to maintain the

combined fiscal effort for such agency at the level specified in

paragraph (1), the Secretary shall -

(A) reduce the amount of the grant that would otherwise be

made to such agency under this subpart in the exact proportion

of the failure to maintain the fiscal effort at such level; and

(B) not use the reduced amount of the agency and State

expenditures for the preceding year to determine compliance

with paragraph (1) for any succeeding fiscal year, but shall

use the amount of expenditures that would have been required to

comply with paragraph (1).

(3) Waiver

(A) In general

The Secretary may waive the requirement of paragraph (1) for

a local educational agency, for not more than 1 year at a time,

if the Secretary determines that the failure to comply with

such requirement is due to exceptional or uncontrollable

circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the agency's financial resources.

(B) Future determinations

The Secretary shall not use the reduced amount of the

agency's expenditures for the fiscal year preceding the fiscal

year for which a waiver is granted to determine compliance with

paragraph (1) for any succeeding fiscal year, but shall use the

amount of expenditures that would have been required to comply

with paragraph (1) in the absence of the waiver.

(d) Reallocations

The Secretary may reallocate, in a manner that the Secretary

determines will best carry out the purpose of this subpart, any

amounts that -

(1) based on estimates made by local educational agencies or

other information, the Secretary determines will not be needed by

such agencies to carry out approved programs under this subpart;

or

(2) otherwise become available for reallocation under this

subpart.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7118, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1918.)

-MISC1-

PRIOR PROVISIONS

A prior section 7428, Pub. L. 89-10, title VII, Sec. 7118, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3727, related to capacity building, prior to the general amendment

of this subchapter by Pub. L. 107-110. See section 6915 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7423 of this title.

-CITE-

20 USC Sec. 7429 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 1 - formula grants to local educational agencies

-HEAD-

Sec. 7429. State educational agency review

-STATUTE-

Before submitting an application to the Secretary under section

7424 of this title, a local educational agency shall submit the

application to the State educational agency, which may comment on

such application. If the State educational agency comments on the

application, the agency shall comment on all applications submitted

by local educational agencies in the State and shall provide those

comments to the respective local educational agencies, with an

opportunity to respond.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7119, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1919.)

-MISC1-

PRIOR PROVISIONS

A prior section 7429, Pub. L. 89-10, title VII, Sec. 7119, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3727, authorized subgrants, prior to the general amendment of this

subchapter by Pub. L. 107-110.

Prior sections 7430 to 7434 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7430, Pub. L. 89-10, title VII, Sec. 7120, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3727,

related to priority on funding of programs for limited English

proficient students.

Section 7431, Pub. L. 89-10, title VII, Sec. 7121, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3728,

related to coordination with other programs. See section 6844 of

this title.

Section 7432, Pub. L. 89-10, title VII, Sec. 7122, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3728,

related to programs for Native Americans and Puerto Rico. See

sections 6848 and 6916 of this title.

Section 7433, Pub. L. 89-10, title VII, Sec. 7123, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3728,

related to evaluations. See sections 6841 and 6917 of this title.

Section 7434, Pub. L. 89-10, title VII, Sec. 7124, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3728,

related to construction of provisions. See sections 6845 and 6918

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7423 of this title.

-CITE-

20 USC subpart 2 - special programs and projects to

improve educational opportunities for

indian children 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 2 - special programs and projects to improve educational

opportunities for indian children

.

-HEAD-

subpart 2 - special programs and projects to improve educational

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7472, 7473, 7474, 7492 of

this title.

-CITE-

20 USC Sec. 7441 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 2 - special programs and projects to improve educational

opportunities for indian children

-HEAD-

Sec. 7441. Improvement of educational opportunities for Indian

children

-STATUTE-

(a) Purpose

(1) In general

It is the purpose of this section to support projects to

develop, test, and demonstrate the effectiveness of services and

programs to improve educational opportunities and achievement of

Indian children.

(2) Coordination

The Secretary shall take the necessary actions to achieve the

coordination of activities assisted under this subpart with -

(A) other programs funded under this chapter; and

(B) other Federal programs operated for the benefit of

American Indian and Alaska Native children.

(b) Eligible entities

In this section, the term ''eligible entity'' means a State

educational agency, local educational agency, Indian tribe, Indian

organization, federally supported elementary school or secondary

school for Indian students, Indian institution (including an Indian

institution of higher education), or a consortium of such entities.

(c) Grants authorized

(1) In general

The Secretary shall award grants to eligible entities to enable

such entities to carry out activities that meet the purpose of

this section, including -

(A) innovative programs related to the educational needs of

educationally disadvantaged children;

(B) educational services that are not available to such

children in sufficient quantity or quality, including remedial

instruction, to raise the achievement of Indian children in one

or more of the core academic subjects of English, mathematics,

science, foreign languages, art, history, and geography;

(C) bilingual and bicultural programs and projects;

(D) special health and nutrition services, and other related

activities, that address the special health, social, and

psychological problems of Indian children;

(E) special compensatory and other programs and projects

designed to assist and encourage Indian children to enter,

remain in, or reenter school, and to increase the rate of high

school graduation for Indian children;

(F) comprehensive guidance, counseling, and testing services;

(G) early childhood and kindergarten programs, including

family-based preschool programs that emphasize school readiness

and parental skills, and the provision of services to Indian

children with disabilities;

(H) partnership projects between local educational agencies

and institutions of higher education that allow secondary

school students to enroll in courses at the postsecondary level

to aid such students in the transition from secondary to

postsecondary education;

(I) partnership projects between schools and local businesses

for career preparation programs designed to provide Indian

youth with the knowledge and skills such youth need to make an

effective transition from school to a high-skill, high-wage

career;

(J) programs designed to encourage and assist Indian students

to work toward, and gain entrance into, an institution of

higher education;

(K) family literacy services;

(L) activities that recognize and support the unique cultural

and educational needs of Indian children, and incorporate

appropriately qualified tribal elders and seniors; or

(M) other services that meet the purpose described in this

section.

(2) Professional development

Professional development of teaching professionals and

paraprofessionals may be a part of any program assisted under

this section.

(d) Grant requirements and applications

(1) Grant requirements

(A) In general

The Secretary may make multiyear grants under subsection (c)

of this section for the planning, development, pilot operation,

or demonstration of any activity described in subsection (c) of

this section for a period not to exceed 5 years.

(B) Priority

In making multiyear grants described in this paragraph, the

Secretary shall give priority to entities submitting

applications that present a plan for combining two or more of

the activities described in subsection (c) of this section over

a period of more than 1 year.

(C) Progress

The Secretary shall make a grant payment for a grant

described in this paragraph to an eligible entity after the

initial year of the multiyear grant only if the Secretary

determines that the eligible entity has made substantial

progress in carrying out the activities assisted under the

grant in accordance with the application submitted under

paragraph (3) and any subsequent modifications to such

application.

(2) Dissemination grants

(A) In general

In addition to awarding the multiyear grants described in

paragraph (1), the Secretary may award grants under subsection

(c) of this section to eligible entities for the dissemination

of exemplary materials or programs assisted under this section.

(B) Determination

The Secretary may award a dissemination grant described in

this paragraph if, prior to awarding the grant, the Secretary

determines that the material or program to be disseminated -

(i) has been adequately reviewed;

(ii) has demonstrated educational merit; and

(iii) can be replicated.

(3) Application

(A) In general

Any eligible entity that desires to receive a grant under

this section shall submit an application to the Secretary at

such time and in such manner as the Secretary may reasonably

require.

(B) Contents

Each application submitted to the Secretary under

subparagraph (A), other than an application for a dissemination

grant under paragraph (2), shall contain -

(i) a description of how parents of Indian children and

representatives of Indian tribes have been, and will be,

involved in developing and implementing the activities for

which assistance is sought;

(ii) assurances that the applicant will participate, at the

request of the Secretary, in any national evaluation of

activities assisted under this section;

(iii) information demonstrating that the proposed program

for the activities is a scientifically based research

program, where applicable, which may include a program that

has been modified to be culturally appropriate for students

who will be served;

(iv) a description of how the applicant will incorporate

the proposed activities into the ongoing school program

involved once the grant period is over; and

(v) such other assurances and information as the Secretary

may reasonably require.

(e) Administrative costs

Not more than 5 percent of the funds provided to a grantee under

this subpart for any fiscal year may be used for administrative

purposes.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7121, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1919.)

-MISC1-

PRIOR PROVISIONS

A prior section 7121 of Pub. L. 89-10 was classified to section

7431 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7442 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 2 - special programs and projects to improve educational

opportunities for indian children

-HEAD-

Sec. 7442. Professional development for teachers and education

professionals

-STATUTE-

(a) Purposes

The purposes of this section are -

(1) to increase the number of qualified Indian individuals in

teaching or other education professions that serve Indian people;

(2) to provide training to qualified Indian individuals to

enable such individuals to become teachers, administrators,

teacher aides, social workers, and ancillary educational

personnel; and

(3) to improve the skills of qualified Indian individuals who

serve in the capacities described in paragraph (2).

(b) Eligible entities

For the purpose of this section, the term ''eligible entity''

means -

(1) an institution of higher education, including an Indian

institution of higher education;

(2) a State educational agency or local educational agency, in

consortium with an institution of higher education;

(3) an Indian tribe or organization, in consortium with an

institution of higher education; and

(4) a Bureau-funded school (as defined in section 2026

(FOOTNOTE 1) of title 25).

(FOOTNOTE 1) See References in Text note below.

(c) Program authorized

The Secretary is authorized to award grants to eligible entities

having applications approved under this section to enable those

entities to carry out the activities described in subsection (d) of

this section.

(d) Authorized activities

(1) In general

Grant funds under this section shall be used for activities to

provide support and training for Indian individuals in a manner

consistent with the purposes of this section. Such activities

may include continuing programs, symposia, workshops,

conferences, and direct financial support, and may include

programs designed to train tribal elders and seniors.

(2) Special rules

(A) Type of training

For education personnel, the training received pursuant to a

grant under this section may be inservice or preservice

training.

(B) Program

For individuals who are being trained to enter any field

other than teaching, the training received pursuant to a grant

under this section shall be in a program that results in a

graduate degree.

(e) Application

Each eligible entity desiring a grant under this section shall

submit an application to the Secretary at such time, in such

manner, and accompanied by such information, as the Secretary may

reasonably require.

(f) Special rule

In awarding grants under this section, the Secretary -

(1) shall consider the prior performance of the eligible

entity; and

(2) may not limit eligibility to receive a grant under this

section on the basis of -

(A) the number of previous grants the Secretary has awarded

such entity; or

(B) the length of any period during which such entity

received such grants.

(g) Grant period

Each grant under this section shall be awarded for a period of

not more than 5 years.

(h) Service obligation

(1) In general

The Secretary shall require, by regulation, that an individual

who receives training pursuant to a grant made under this section

-

(A) perform work -

(i) related to the training received under this section;

and

(ii) that benefits Indian people; or

(B) repay all or a prorated part of the assistance received.

(2) Reporting

The Secretary shall establish, by regulation, a reporting

procedure under which a grant recipient under this section shall,

not later than 12 months after the date of completion of the

training, and periodically thereafter, provide information

concerning compliance with the work requirement under paragraph

(1).

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7122, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1922.)

-REFTEXT-

REFERENCES IN TEXT

Section 2026 of title 25, referred to in subsec. (b)(4), was

omitted in the general amendment of chapter 22 of Title 25,

Indians, by Pub. L. 107-110, title X, Sec. 1042, Jan. 8, 2002, 115

Stat. 2007. See section 2021 of Title 25.

-MISC2-

PRIOR PROVISIONS

A prior section 7122 of Pub. L. 89-10 was classified to section

7432 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7452 of this title.

-CITE-

20 USC subpart 3 - national activities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

.

-HEAD-

subpart 3 - national activities

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7472, 7473, 7474, 7492 of

this title.

-CITE-

20 USC Sec. 7451 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7451. National research activities

-STATUTE-

(a) Authorized activities

The Secretary may use funds made available under section 7492(b)

of this title for each fiscal year to -

(1) conduct research related to effective approaches for the

education of Indian children and adults;

(2) evaluate federally assisted education programs from which

Indian children and adults may benefit;

(3) collect and analyze data on the educational status and

needs of Indians; and

(4) carry out other activities that are consistent with the

purpose of this part.

(b) Eligibility

The Secretary may carry out any of the activities described in

subsection (a) of this section directly or through grants to, or

contracts or cooperative agreements with, Indian tribes, Indian

organizations, State educational agencies, local educational

agencies, institutions of higher education, including Indian

institutions of higher education, and other public and private

agencies and institutions.

(c) Coordination

Research activities supported under this section -

(1) shall be carried out in consultation with the Institute of

Education Sciences to ensure that such activities are coordinated

with and enhance the research and development activities

supported by the Institute; and

(2) may include collaborative research activities that are

jointly funded and carried out by the Office of Indian Education

Programs and the Institute of Education Sciences.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7131, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1923; amended Pub. L.

107-279, title IV, Sec. 404(d)(5)(E), (8), Nov. 5, 2002, 116 Stat.

1986.)

-MISC1-

PRIOR PROVISIONS

A prior section 7451, Pub. L. 89-10, title VII, Sec. 7131, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3729, authorized research, evaluation of activities, and

dissemination of information. See section 6931 of this title.

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-279 substituted ''Institute of

Education Sciences'' for ''Office of Educational Research and

Improvement'' and ''by the Institute'' for ''by the Office''.

Subsec. (c)(2). Pub. L. 107-279, Sec. 404(d)(5)(E), substituted

''Institute of Education Sciences'' for ''Office of Educational

Research and Improvement''.

-CITE-

20 USC Sec. 7452 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7452. In-service training for teachers of Indian children

-STATUTE-

(a) Grants authorized

In addition to the grants authorized by section 7442(c) of this

title, the Secretary may make grants to eligible consortia for the

provision of high quality in-service training. The Secretary may

make such a grant to -

(1) a consortium of a tribal college and an institution of

higher education that awards a degree in education; or

(2) a consortium of -

(A) a tribal college;

(B) an institution of higher education that awards a degree

in education; and

(C) one or more elementary schools or secondary schools

operated by the Bureau of Indian Affairs, local educational

agencies serving Indian children, or tribal educational

agencies.

(b) Use of funds

(1) In-service training

A consortium that receives a grant under subsection (a) of this

section shall use the grant funds only to provide high quality

in-service training to teachers, including teachers who are not

Indians, in schools of local educational agencies with

substantial numbers of Indian children enrolled in their schools,

in order to better meet the needs of those children.

(2) Components

The training described in paragraph (1) shall include such

activities as preparing teachers to use the best available

scientifically based research practices and learning strategies,

and to make the most effective use of curricula and materials, to

respond to the unique needs of Indian children in their

classrooms.

(c) Preference for Indian applicants

In applying section 7473 of this title to this section, the

Secretary shall give a preference to any consortium that includes

one or more of the entities described in section 7473 of this

title.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7132, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1924.)

-MISC1-

PRIOR PROVISIONS

A prior section 7452, Pub. L. 89-10, title VII, Sec. 7132, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3729, related to research activities, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6932

of this title.

-CITE-

20 USC Sec. 7453 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7453. Fellowships for Indian students

-STATUTE-

(a) Fellowships

(1) Authority

The Secretary is authorized to award fellowships to Indian

students to enable such students to study in graduate and

professional programs at institutions of higher education.

(2) Requirements

The fellowships described in paragraph (1) shall be awarded to

Indian students to enable such students to pursue a course of

study -

(A) of not more than 4 academic years; and

(B) that leads -

(i) toward a postbaccalaureate degree in medicine, clinical

psychology, psychology, law, education, or a related field;

or

(ii) to an undergraduate or graduate degree in engineering,

business administration, natural resources, or a related

field.

(b) Stipends

The Secretary shall pay to Indian students awarded fellowships

under subsection (a) of this section such stipends (including

allowances for subsistence of such students and dependents of such

students) as the Secretary determines to be consistent with

prevailing practices under comparable federally supported programs.

(c) Payments to institutions in lieu of tuition

The Secretary shall pay to the institution of higher education at

which such a fellowship recipient is pursuing a course of study, in

lieu of tuition charged to such recipient, such amounts as the

Secretary may determine to be necessary to cover the cost of

education provided to such recipient.

(d) Special rules

(1) In general

If a fellowship awarded under subsection (a) of this section is

vacated prior to the end of the period for which the fellowship

is awarded, the Secretary may award an additional fellowship for

the unexpired portion of the period of the first fellowship.

(2) Written notice

Not later than 45 days before the commencement of an academic

term, the Secretary shall provide to each individual who is

awarded a fellowship under subsection (a) of this section for

such academic term written notice of -

(A) the amount of the funding for the fellowship; and

(B) any stipends or other payments that will be made under

this section to, or for the benefit of, the individual for the

academic term.

(3) Priority

Not more than 10 percent of the fellowships awarded under

subsection (a) of this section shall be awarded, on a priority

basis, to persons receiving training in guidance counseling with

a specialty in the area of alcohol and substance abuse counseling

and education.

(e) Service obligation

(1) In general

The Secretary shall require, by regulation, that an individual

who receives financial assistance under this section -

(A) perform work -

(i) related to the training for which the individual

receives the assistance under this section; and

(ii) that benefits Indian people; or

(B) repay all or a prorated portion of such assistance.

(2) Reporting

The Secretary shall establish, by regulation, a reporting

procedure under which a recipient of assistance under this

section shall, not later than 12 months after the date of

completion of the training, and periodically thereafter, provide

information concerning the compliance of such recipient with the

work requirement described in paragraph (1).

(f) Administration of fellowships

The Secretary may administer the fellowships authorized under

this section through a grant to, or contract or cooperative

agreement with, an Indian organization with demonstrated

qualifications to administer all facets of the program assisted

under this section.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7133, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1924.)

-MISC1-

PRIOR PROVISIONS

A prior section 7453, Pub. L. 89-10, title VII, Sec. 7133, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3730, related to academic excellence awards, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6933

of this title.

-CITE-

20 USC Sec. 7454 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7454. Gifted and talented Indian students

-STATUTE-

(a) Program authorized

The Secretary is authorized to -

(1) establish two centers for gifted and talented Indian

students at tribally controlled community colleges in accordance

with this section; and

(2) support demonstration projects described in subsection (c)

of this section.

(b) Eligible entities

The Secretary shall make grants, or enter into contracts, for the

activities described in subsection (a) of this section, to or with

-

(1) two tribally controlled community colleges that -

(A) are eligible for funding under the Tribally Controlled

College or University Assistance Act of 1978 (25 U.S.C. 1801 et

seq.); and

(B) are fully accredited; or

(2) the American Indian Higher Education Consortium,

if the Secretary does not receive applications that the Secretary

determines to be approvable from two colleges that meet the

requirements of paragraph (1).

(c) Use of funds

(1) In general

Funds made available through the grants made, or contracts

entered into, by the Secretary under subsection (b) of this

section shall be used for -

(A) the establishment of centers described in subsection (a)

of this section; and

(B) carrying out demonstration projects designed to -

(i) address the special needs of Indian students in

elementary schools and secondary schools who are gifted and

talented; and

(ii) provide such support services to the families of the

students described in clause (i) as are needed to enable such

students to benefit from the projects.

(2) Subcontracts

Each recipient of a grant or contract under subsection (b) of

this section to carry out a demonstration project under

subsection (a) of this section may enter into a contract with any

other entity, including the Children's Television Workshop, to

carry out the demonstration project.

(3) Demonstration projects

Demonstration projects assisted under subsection (b) of this

section may include -

(A) the identification of the special needs of gifted and

talented Indian students, particularly at the elementary school

level, giving attention to -

(i) identifying the emotional and psychosocial needs of

such students; and

(ii) providing such support services to the families of

such students as are needed to enable such students to

benefit from the projects;

(B) the conduct of educational, psychosocial, and

developmental activities that the Secretary determines hold a

reasonable promise of resulting in substantial progress toward

meeting the educational needs of such gifted and talented

children, including -

(i) demonstrating and exploring the use of Indian languages

and exposure to Indian cultural traditions; and

(ii) carrying out mentoring and apprenticeship programs;

(C) the provision of technical assistance and the

coordination of activities at schools that receive grants under

subsection (d) of this section with respect to the activities

assisted under such grants, the evaluation of programs assisted

under such grants, or the dissemination of such evaluations;

(D) the use of public television in meeting the special

educational needs of such gifted and talented children;

(E) leadership programs designed to replicate programs for

such children throughout the United States, including

disseminating information derived from the demonstration

projects conducted under subsection (a) of this section; and

(F) appropriate research, evaluation, and related activities

pertaining to the needs of such children and to the provision

of such support services to the families of such children as

are needed to enable such children to benefit from the

projects.

(4) Application

Each eligible entity desiring a grant or contract under

subsection (b) of this section shall submit an application to the

Secretary at such time, in such manner, and accompanied by such

information, as the Secretary may reasonably require.

(d) Additional grants

(1) In general

The Secretary, in consultation with the Secretary of the

Interior, shall award 5 grants to schools funded by the Bureau of

Indian Affairs (hereafter referred to individually in this

section as a ''Bureau school'') for program research and

development and the development and dissemination of curriculum

and teacher training material, regarding -

(A) gifted and talented students;

(B) college preparatory studies (including programs for

Indian students with an interest in pursuing teaching careers);

(C) students with special culturally related academic needs,

including students with social, lingual, and cultural needs; or

(D) mathematics and science education.

(2) Applications

Each Bureau school desiring a grant under this subsection shall

submit an application to the Secretary at such time, in such

manner, and accompanied by such information, as the Secretary may

reasonably require.

(3) Special rule

Each application described in paragraph (2) shall be developed,

and each grant under this subsection shall be administered,

jointly by the supervisor of the Bureau school and the local

educational agency serving such school.

(4) Requirements

In awarding grants under paragraph (1), the Secretary shall

achieve a mixture of the programs described in paragraph (1) that

ensures that Indian students at all grade levels and in all

geographic areas of the United States are able to participate in

a program assisted under this subsection.

(5) Grant period

Subject to the availability of appropriations, a grant awarded

under paragraph (1) shall be awarded for a 3-year period and may

be renewed by the Secretary for additional 3-year periods if the

Secretary determines that the performance of the grant recipient

has been satisfactory.

(6) Dissemination

(A) Cooperative efforts

The dissemination of any materials developed from activities

assisted under paragraph (1) shall be carried out in

cooperation with entities that receive funds pursuant to

subsection (b) of this section.

(B) Report

The Secretary shall prepare and submit to the Secretary of

the Interior and to Congress a report concerning any results

from activities described in this subsection.

(7) Evaluation costs

(A) Division

The costs of evaluating any activities assisted under

paragraph (1) shall be divided between the Bureau schools

conducting such activities and the recipients of grants or

contracts under subsection (b) of this section who conduct

demonstration projects under subsection (a) of this section.

(B) Grants and contracts

If no funds are provided under subsection (b) of this section

for -

(i) the evaluation of activities assisted under paragraph

(1);

(ii) technical assistance and coordination with respect to

such activities; or

(iii) the dissemination of the evaluations referred to in

clause (i),

the Secretary shall make such grants, or enter into such

contracts, as are necessary to provide for the evaluations,

technical assistance, and coordination of such activities, and

the dissemination of the evaluations.

(e) Information network

The Secretary shall encourage each recipient of a grant or

contract under this section to work cooperatively as part of a

national network to ensure that the information developed by the

grant or contract recipient is readily available to the entire

educational community.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7134, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1925.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled College or University Assistance Act of

1978, referred to in subsec. (b)(1)(A), is Pub. L. 95-471, Oct. 17,

1978, 92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 25 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7454, Pub. L. 89-10, title VII, Sec. 7134, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3730, related to State grant program, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6934

of this title.

-CITE-

20 USC Sec. 7455 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7455. Grants to tribes for education administrative planning

and development

-STATUTE-

(a) In general

The Secretary may make grants to Indian tribes, and tribal

organizations approved by Indian tribes, to plan and develop a

centralized tribal administrative entity to -

(1) coordinate all education programs operated by the tribe or

within the territorial jurisdiction of the tribe;

(2) develop education codes for schools within the territorial

jurisdiction of the tribe;

(3) provide support services and technical assistance to

schools serving children of the tribe; and

(4) perform child-find screening services for the

preschool-aged children of the tribe to -

(A) ensure placement in appropriate educational facilities;

and

(B) coordinate the provision of any needed special services

for conditions such as disabilities and English language skill

deficiencies.

(b) Period of grant

Each grant awarded under this section may be awarded for a period

of not more than 3 years. Such grant may be renewed upon the

termination of the initial period of the grant if the grant

recipient demonstrates to the satisfaction of the Secretary that

renewing the grant for an additional 3-year period is necessary to

carry out the objectives of the grant described in subsection

(c)(2)(A) of this section.

(c) Application for grant

(1) In general

Each Indian tribe and tribal organization desiring a grant

under this section shall submit an application to the Secretary

at such time, in such manner, containing such information, and

consistent with such criteria, as the Secretary may prescribe in

regulations.

(2) Contents

Each application described in paragraph (1) shall contain -

(A) a statement describing the activities to be conducted,

and the objectives to be achieved, under the grant; and

(B) a description of the method to be used for evaluating the

effectiveness of the activities for which assistance is sought

and for determining whether such objectives are achieved.

(3) Approval

The Secretary may approve an application submitted by a tribe

or tribal organization pursuant to this section only if the

Secretary is satisfied that such application, including any

documentation submitted with the application -

(A) demonstrates that the applicant has consulted with other

education entities, if any, within the territorial jurisdiction

of the applicant who will be affected by the activities to be

conducted under the grant;

(B) provides for consultation with such other education

entities in the operation and evaluation of the activities

conducted under the grant; and

(C) demonstrates that there will be adequate resources

provided under this section or from other sources to complete

the activities for which assistance is sought, except that the

availability of such other resources shall not be a basis for

disapproval of such application.

(d) Restriction

A tribe may not receive funds under this section if such tribe

receives funds under section 2024 (FOOTNOTE 1) of title 25.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7135, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1928.)

-REFTEXT-

REFERENCES IN TEXT

Section 2024 of title 25, referred to in subsec. (d), was omitted

in the general amendment of chapter 22 of Title 25, Indians, by

Pub. L. 107-110, title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2007.

See section 2020 of Title 25.

-MISC2-

PRIOR PROVISIONS

A prior section 7455, Pub. L. 89-10, title VII, Sec. 7135, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3731, established National Clearinghouse for Bilingual Education,

prior to the general amendment of this subchapter by Pub. L.

107-110. See section 7013 of this title.

-CITE-

20 USC Sec. 7456 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 3 - national activities

-HEAD-

Sec. 7456. Improvement of educational opportunities for adult

Indians

-STATUTE-

(a) In general

The Secretary shall make grants to State educational agencies,

local educational agencies, and Indian tribes, institutions, and

organizations -

(1) to support planning, pilot, and demonstration projects that

are designed to test and demonstrate the effectiveness of

programs for improving employment and educational opportunities

for adult Indians;

(2) to assist in the establishment and operation of programs

that are designed to stimulate -

(A) the provision of basic literacy opportunities for all

nonliterate Indian adults; and

(B) the provision of opportunities to all Indian adults to

qualify for a secondary school diploma, or its recognized

equivalent, in the shortest period of time feasible;

(3) to support a major research and development program to

develop more innovative and effective techniques for achieving

literacy and secondary school equivalency for Indians;

(4) to provide for basic surveys and evaluations to define

accurately the extent of the problems of illiteracy and lack of

secondary school completion among Indians; and

(5) to encourage the dissemination of information and materials

relating to, and the evaluation of, the effectiveness of

education programs that may offer educational opportunities to

Indian adults.

(b) Educational services

The Secretary may make grants to Indian tribes, institutions, and

organizations to develop and establish educational services and

programs specifically designed to improve educational opportunities

for Indian adults.

(c) Information and evaluation

The Secretary may make grants to, and enter into contracts with,

public agencies and institutions and Indian tribes, institutions,

and organizations, for -

(1) the dissemination of information concerning educational

programs, services, and resources available to Indian adults,

including evaluations of the programs, services, and resources;

and

(2) the evaluation of federally assisted programs in which

Indian adults may participate to determine the effectiveness of

the programs in achieving the purposes of the programs with

respect to Indian adults.

(d) Applications

(1) In general

Each entity desiring a grant or contract under this section

shall submit to the Secretary an application at such time, in

such manner, containing such information, and consistent with

such criteria, as the Secretary may prescribe in regulations.

(2) Contents

Each application described in paragraph (1) shall contain -

(A) a statement describing the activities to be conducted and

the objectives to be achieved under the grant or contract; and

(B) a description of the method to be used for evaluating the

effectiveness of the activities for which assistance is sought

and determining whether the objectives of the grant or contract

are achieved.

(3) Approval

The Secretary shall not approve an application described in

paragraph (1) unless the Secretary determines that such

application, including any documentation submitted with the

application, indicates that -

(A) there has been adequate participation, by the individuals

to be served and the appropriate tribal communities, in the

planning and development of the activities to be assisted; and

(B) the individuals and tribal communities referred to in

subparagraph (A) will participate in the operation and

evaluation of the activities to be assisted.

(4) Priority

In approving applications under paragraph (1), the Secretary

shall give priority to applications from Indian educational

agencies, organizations, and institutions.

(e) Administrative costs

Not more than 5 percent of the funds made available to an entity

through a grant or contract made or entered into under this section

for a fiscal year may be used to pay for administrative costs.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7136, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1929.)

-MISC1-

PRIOR PROVISIONS

A prior section 7456, Pub. L. 89-10, title VII, Sec. 7136, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3732, related to instructional materials development, prior to the

general amendment of this subchapter by Pub. L. 107-110. See

section 6935 of this title.

-CITE-

20 USC subpart 4 - federal administration 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 4 - federal administration

.

-HEAD-

subpart 4 - federal administration

-CITE-

20 USC Sec. 7471 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 4 - federal administration

-HEAD-

Sec. 7471. National Advisory Council on Indian Education

-STATUTE-

(a) Membership

There is established a National Advisory Council on Indian

Education (hereafter in this section referred to as the

''Council''), which shall -

(1) consist of 15 Indian members, who shall be appointed by the

President from lists of nominees furnished, from time to time, by

Indian tribes and organizations; and

(2) represent different geographic areas of the United States.

(b) Duties

The Council shall -

(1) advise the Secretary concerning the funding and

administration (including the development of regulations and

administrative policies and practices) of any program, including

any program established under this part -

(A) with respect to which the Secretary has jurisdiction; and

(B)(i) that includes Indian children or adults as

participants; or

(ii) that may benefit Indian children or adults;

(2) make recommendations to the Secretary for filling the

position of Director of Indian Education whenever a vacancy

occurs; and

(3) submit to Congress, not later than June 30 of each year, a

report on the activities of the Council, including -

(A) any recommendations that the Council considers

appropriate for the improvement of Federal education programs

that include Indian children or adults as participants, or that

may benefit Indian children or adults; and

(B) recommendations concerning the funding of any program

described in subparagraph (A).

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7141, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1930.)

-MISC1-

PRIOR PROVISIONS

A prior section 7471, Pub. L. 89-10, title VII, Sec. 7141, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3732, set forth purpose of former subpart relating to professional

development, prior to the general amendment of this subchapter by

Pub. L. 107-110. See section 6951 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

20 USC Sec. 7472 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 4 - federal administration

-HEAD-

Sec. 7472. Peer review

-STATUTE-

The Secretary may use a peer review process to review

applications submitted to the Secretary under subpart 2 or subpart

3 of this part.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7142, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1931.)

-MISC1-

PRIOR PROVISIONS

A prior section 7472, Pub. L. 89-10, title VII, Sec. 7142, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3732, related to training for all teachers program, prior to the

general amendment of this subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7473 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 4 - federal administration

-HEAD-

Sec. 7473. Preference for Indian applicants

-STATUTE-

In making grants and entering into contracts or cooperative

agreements under subpart 2 or subpart 3 of this part, the Secretary

shall give a preference to Indian tribes, organizations, and

institutions of higher education under any program with respect to

which Indian tribes, organizations, and institutions are eligible

to apply for grants, contracts, or cooperative agreements.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7143, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1931.)

-MISC1-

PRIOR PROVISIONS

A prior section 7473, Pub. L. 89-10, title VII, Sec. 7143, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3733, related to bilingual education teachers and personnel grants,

prior to the general amendment of this subchapter by Pub. L.

107-110. See section 6951 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7452 of this title.

-CITE-

20 USC Sec. 7474 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 4 - federal administration

-HEAD-

Sec. 7474. Minimum grant criteria

-STATUTE-

The Secretary may not approve an application for a grant,

contract, or cooperative agreement under subpart 2 or subpart 3 of

this part unless the application is for a grant, contract, or

cooperative agreement that is -

(1) of sufficient size, scope, and quality to achieve the

purpose or objectives of such grant, contract, or cooperative

agreement; and

(2) based on relevant research findings.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7144, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1931.)

-MISC1-

PRIOR PROVISIONS

A prior section 7474, Pub. L. 89-10, title VII, Sec. 7144, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3733, related to bilingual education career ladder program, prior

to the general amendment of this subchapter by Pub. L. 107-110.

Prior sections 7475 to 7480 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7475, Pub. L. 89-10, title VII, Sec. 7145, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3734,

related to graduate fellowships in bilingual education program.

Section 7476, Pub. L. 89-10, title VII, Sec. 7146, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3735,

related to application for professional development award. See

section 6951 of this title.

Section 7477, Pub. L. 89-10, title VII, Sec. 7147, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3736, set

forth program requirements.

Section 7478, Pub. L. 89-10, title VII, Sec. 7148, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3736,

authorized payment of stipends to persons participating in

programs.

Section 7479, Pub. L. 89-10, title VII, Sec. 7149, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3736,

related to program evaluations. See section 6951 of this title.

Section 7480, Pub. L. 89-10, title VII, Sec. 7150, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3736,

related to use of funds for second language competence.

-CITE-

20 USC subpart 5 - definitions; authorizations of

appropriations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 5 - definitions; authorizations of appropriations

.

-HEAD-

subpart 5 - definitions; authorizations of appropriations

-CITE-

20 USC Sec. 7491 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 5 - definitions; authorizations of appropriations

-HEAD-

Sec. 7491. Definitions

-STATUTE-

For the purposes of this part:

(1) Adult

The term ''adult'' means an individual who -

(A) has attained the age of 16 years; or

(B) has attained an age that is greater than the age of

compulsory school attendance under an applicable State law.

(2) Free public education

The term ''free public education'' means education that is -

(A) provided at public expense, under public supervision and

direction, and without tuition charge; and

(B) provided as elementary or secondary education in the

applicable State or to preschool children.

(3) Indian

The term ''Indian'' means an individual who is -

(A) a member of an Indian tribe or band, as membership is

defined by the tribe or band, including -

(i) any tribe or band terminated since 1940; and

(ii) any tribe or band recognized by the State in which the

tribe or band resides;

(B) a descendant, in the first or second degree, of an

individual described in subparagraph (A);

(C) considered by the Secretary of the Interior to be an

Indian for any purpose;

(D) an Eskimo, Aleut, or other Alaska Native; or

(E) a member of an organized Indian group that received a

grant under the Indian Education Act of 1988 as in effect the

day preceding October 20, 1994.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7151, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1931.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Education Act of 1988, as in effect the day preceding

October 20, 1994, referred to in par. (3)(E), is part C (Sec.

5301-5352) of title V of Pub. L. 100-297, Apr. 28, 1988, 102 Stat.

395, which was classified principally to chapter 28 (Sec. 2601 et

seq.) of Title 25, Indians, prior to repeal by Pub. L. 103-382,

title III, Sec. 367, Oct. 20, 1994, 108 Stat. 3976.

-MISC2-

PRIOR PROVISIONS

A prior section 7491, Pub. L. 89-10, title VII, Sec. 7161, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3736, set forth special rule relating to transition, prior to the

general amendment of this subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7427 of this title; title

25 section 2902.

-CITE-

20 USC Sec. 7492 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A - Indian Education

subpart 5 - definitions; authorizations of appropriations

-HEAD-

Sec. 7492. Authorizations of appropriations

-STATUTE-

(a) Subpart 1

For the purpose of carrying out subpart 1 of this part, there are

authorized to be appropriated $96,400,000 for fiscal year 2002 and

such sums as may be necessary for each of the 5 succeeding fiscal

years.

(b) Subparts 2 and 3

For the purpose of carrying out subparts 2 and 3 of this part,

there are authorized to be appropriated $24,000,000 for fiscal year

2002 and such sums as may be necessary for each of the 5 succeeding

fiscal years.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7152, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1932.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7423, 7451 of this title.

-CITE-

20 USC Part B - Native Hawaiian Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

.

-HEAD-

Part B - Native Hawaiian Education

-CITE-

20 USC Sec. 7511 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7511. Short title

-STATUTE-

This part may be cited as the ''Native Hawaiian Education Act''.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7201, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1932.)

-MISC1-

PRIOR PROVISIONS

Provisions naming former part B (Sec. 7901 et seq.) of subchapter

IX of this chapter as the ''Native Hawaiian Education Act'' were

contained in section 7901 of this title, prior to the general

amendment of subchapter IX by Pub. L. 107-110.

A prior section 7511, Pub. L. 89-10, title VII, Sec. 7201, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3737, set forth short title of the Foreign Language Assistance Act

of 1994, prior to the general amendment of this subchapter by Pub.

L. 107-110.

-CITE-

20 USC Sec. 7512 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7512. Findings

-STATUTE-

Congress finds the following:

(1) Native Hawaiians are a distinct and unique indigenous

people with a historical continuity to the original inhabitants

of the Hawaiian archipelago, whose society was organized as a

nation and internationally recognized as a nation by the United

States, Britain, France, and Japan, as evidenced by treaties

governing friendship, commerce, and navigation.

(2) At the time of the arrival of the first nonindigenous

people in Hawaii in 1778, the Native Hawaiian people lived in a

highly organized, self-sufficient subsistence social system based

on a communal land tenure system with a sophisticated language,

culture, and religion.

(3) A unified monarchal government of the Hawaiian Islands was

established in 1810 under Kamehameha I, the first King of Hawaii.

(4) From 1826 until 1893, the United States recognized the

sovereignty and independence of the Kingdom of Hawaii, which was

established in 1810 under Kamehameha I, extended full and

complete diplomatic recognition to the Kingdom of Hawaii, and

entered into treaties and conventions with the Kingdom of Hawaii

to govern friendship, commerce and navigation in 1826, 1842,

1849, 1875, and 1887.

(5) In 1893, the sovereign, independent, internationally

recognized, and indigenous government of Hawaii, the Kingdom of

Hawaii, was overthrown by a small group of non-Hawaiians,

including United States citizens, who were assisted in their

efforts by the United States Minister, a United States naval

representative, and armed naval forces of the United States.

Because of the participation of United States agents and citizens

in the overthrow of the Kingdom of Hawaii, in 1993 the United

States apologized to Native Hawaiians for the overthrow and the

deprivation of the rights of Native Hawaiians to

self-determination through Public Law 103-150 (107 Stat. 1510).

(6) In 1898, the joint resolution entitled ''Joint Resolution

to provide for annexing the Hawaiian Islands to the United

States'', approved July 7, 1898 (30 Stat. 750), ceded absolute

title of all lands held by the Republic of Hawaii, including the

government and crown lands of the former Kingdom of Hawaii, to

the United States, but mandated that revenue generated from the

lands be used ''solely for the benefit of the inhabitants of the

Hawaiian Islands for educational and other public purposes''.

(7) By 1919, the Native Hawaiian population had declined from

an estimated 1,000,000 in 1778 to an alarming 22,600, and in

recognition of this severe decline, Congress enacted the Hawaiian

Homes Commission Act, 1920 (42 Stat. 108), which designated

approximately 200,000 acres of ceded public lands for

homesteading by Native Hawaiians.

(8) Through the enactment of the Hawaiian Homes Commission Act,

1920, Congress affirmed the special relationship between the

United States and the Native Hawaiians, which was described by

then Secretary of the Interior Franklin K. Lane, who said: ''One

thing that impressed me . . . was the fact that the natives of

the island who are our wards, I should say, and for whom in a

sense we are trustees, are falling off rapidly in numbers and

many of them are in poverty.''.

(9) In 1938, Congress again acknowledged the unique status of

the Hawaiian people by including in the Act of June 20, 1938 (52

Stat. 781, chapter 530; 16 U.S.C. 391b, 391b-1, 392b, 392c, 396,

396a), a provision to lease lands within the National Parks

extension to Native Hawaiians and to permit fishing in the area

''only by native Hawaiian residents of said area or of adjacent

villages and by visitors under their guidance.''.

(10) Under the Act entitled ''An Act to provide for the

admission of the State of Hawaii into the Union'', approved March

18, 1959 (73 Stat. 4), the United States transferred

responsibility for the administration of the Hawaiian Home Lands

to the State of Hawaii but reaffirmed the trust relationship

between the United States and the Hawaiian people by retaining

the exclusive power to enforce the trust, including the power to

approve land exchanges and amendments to such Act affecting the

rights of beneficiaries under such Act.

(11) In 1959, under the Act entitled ''An Act to provide for

the admission of the State of Hawaii into the Union'', the United

States also ceded to the State of Hawaii title to the public

lands formerly held by the United States, but mandated that such

lands be held by the State ''in public trust'' and reaffirmed the

special relationship that existed between the United States and

the Hawaiian people by retaining the legal responsibility to

enforce the public trust responsibility of the State of Hawaii

for the betterment of the conditions of Native Hawaiians, as

defined in section 201(a) of the Hawaiian Homes Commission Act,

1920.

(12) The United States has recognized and reaffirmed that -

(A) Native Hawaiians have a cultural, historic, and

land-based link to the indigenous people who exercised

sovereignty over the Hawaiian Islands, and that group has never

relinquished its claims to sovereignty or its sovereign lands;

(B) Congress does not extend services to Native Hawaiians

because of their race, but because of their unique status as

the indigenous people of a once sovereign nation as to whom the

United States has established a trust relationship;

(C) Congress has also delegated broad authority to administer

a portion of the Federal trust responsibility to the State of

Hawaii;

(D) the political status of Native Hawaiians is comparable to

that of American Indians and Alaska Natives; and

(E) the aboriginal, indigenous people of the United States

have -

(i) a continuing right to autonomy in their internal

affairs; and

(ii) an ongoing right of self-determination and

self-governance that has never been extinguished.

(13) The political relationship between the United States and

the Native Hawaiian people has been recognized and reaffirmed by

the United States, as evidenced by the inclusion of Native

Hawaiians in -

(A) the Native American Programs Act of 1974 (42 U.S.C. 2991

et seq.);

(B) the American Indian Religious Freedom Act (42 U.S.C.

1996(, 1996a));

(C) the National Museum of the American Indian Act (20 U.S.C.

80q et seq.);

(D) the Native American Graves Protection and Repatriation

Act (25 U.S.C. 3001 et seq.);

(E) the National Historic Preservation Act (16 U.S.C. 470 et

seq.);

(F) the Native American Languages Act (25 U.S.C. 2901 et

seq.);

(G) the American Indian, Alaska Native, and Native Hawaiian

Culture and Art Development Act (20 U.S.C. 4401 et seq.);

(H) the Workforce Investment Act of 1998 (29 U.S.C. 2801 et

seq.); and

(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).

(14) In 1981, Congress instructed the Office of Education to

submit to Congress a comprehensive report on Native Hawaiian

education. The report, entitled the ''Native Hawaiian

Educational Assessment Project'', was released in 1983 and

documented that Native Hawaiians scored below parity with regard

to national norms on standardized achievement tests, were

disproportionately represented in many negative social and

physical statistics indicative of special educational needs, and

had educational needs that were related to their unique cultural

situation, such as different learning styles and low self-image.

(15) In recognition of the educational needs of Native

Hawaiians, in 1988, Congress enacted title IV of the Augustus F.

Hawkins-Robert T. Stafford Elementary and Secondary School

Improvement Amendments of 1988 (102 Stat. 130) to authorize and

develop supplemental educational programs to address the unique

conditions of Native Hawaiians.

(16) In 1993, the Kamehameha Schools Bishop Estate released a

10-year update of findings of the Native Hawaiian Educational

Assessment Project, which found that despite the successes of the

programs established under title IV of the Augustus F.

Hawkins-Robert T. Stafford Elementary and Secondary School

Improvement Amendments of 1988, many of the same educational

needs still existed for Native Hawaiians. Subsequent reports by

the Kamehameha Schools Bishop Estate and other organizations have

generally confirmed those findings. For example -

(A) educational risk factors continue to start even before

birth for many Native Hawaiian children, including -

(i) late or no prenatal care;

(ii) high rates of births by Native Hawaiian women who are

unmarried; and

(iii) high rates of births to teenage parents;

(B) Native Hawaiian students continue to begin their school

experience lagging behind other students in terms of readiness

factors such as vocabulary test scores;

(C) Native Hawaiian students continue to score below national

norms on standardized education achievement tests at all grade

levels;

(D) both public and private schools continue to show a

pattern of lower percentages of Native Hawaiian students in the

uppermost achievement levels and in gifted and talented

programs;

(E) Native Hawaiian students continue to be overrepresented

among students qualifying for special education programs

provided to students with learning disabilities, mild mental

retardation, emotional impairment, and other such disabilities;

(F) Native Hawaiians continue to be underrepresented in

institutions of higher education and among adults who have

completed four or more years of college;

(G) Native Hawaiians continue to be disproportionately

represented in many negative social and physical statistics

indicative of special educational needs, as demonstrated by the

fact that -

(i) Native Hawaiian students are more likely to be retained

in grade level and to be excessively absent in secondary

school;

(ii) Native Hawaiian students have the highest rates of

drug and alcohol use in the State of Hawaii; and

(iii) Native Hawaiian children continue to be

disproportionately victimized by child abuse and neglect; and

(H) Native Hawaiians now comprise over 23 percent of the

students served by the State of Hawaii Department of Education,

and there are and will continue to be geographically rural,

isolated areas with a high Native Hawaiian population density.

(17) In the 1998 National Assessment of Educational Progress,

Hawaiian fourth-graders ranked 39th among groups of students from

39 States in reading. Given that Hawaiian students rank among

the lowest groups of students nationally in reading, and that

Native Hawaiian students rank the lowest among Hawaiian students

in reading, it is imperative that greater focus be placed on

beginning reading and early education and literacy in Hawaii.

(18) The findings described in paragraphs (16) and (17) are

inconsistent with the high rates of literacy and integration of

traditional culture and Western education historically achieved

by Native Hawaiians through a Hawaiian language-based public

school system established in 1840 by Kamehameha III.

(19) Following the overthrow of the Kingdom of Hawaii in 1893,

Hawaiian medium schools were banned. After annexation,

throughout the territorial and statehood period of Hawaii, and

until 1986, use of the Hawaiian language as an instructional

medium in education in public schools was declared unlawful. The

declaration caused incalculable harm to a culture that placed a

very high value on the power of language, as exemplified in the

traditional saying: ''I ka ''oAE8lelo noAE8 ke ola; I ka

''oAE8lelo noAE8 ka make. In the language rests life; In the

language rests death.''.

(20) Despite the consequences of over 100 years of

nonindigenous influence, the Native Hawaiian people are

determined to preserve, develop, and transmit to future

generations their ancestral territory and their cultural identity

in accordance with their own spiritual and traditional beliefs,

customs, practices, language, and social institutions.

(21) The State of Hawaii, in the constitution and statutes of

the State of Hawaii -

(A) reaffirms and protects the unique right of the Native

Hawaiian people to practice and perpetuate their culture and

religious customs, beliefs, practices, and language;

(B) recognizes the traditional language of the Native

Hawaiian people as an official language of the State of Hawaii,

which may be used as the language of instruction for all

subjects and grades in the public school system; and

(C) promotes the study of the Hawaiian culture, language, and

history by providing a Hawaiian education program and using

community expertise as a suitable and essential means to

further the program.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7202, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1932.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 103-150, referred to in par. (5), is Pub. L. 103-150,

Nov. 23, 1993, 107 Stat. 1510, which is not classified to the Code.

Joint Resolution to provide for annexing the Hawaiian Islands to

the United States, approved July 7, 1898, referred to in par. (6),

is act July 7, 1898, No. 55, 30 Stat. 750, known as the Newlands

Resolution. For complete classification of this Act to the Code,

see Tables.

The Hawaiian Homes Commission Act, 1920, referred to in pars.

(7), (8), and (11), is act July 9, 1921, ch. 42, 42 Stat. 108, as

amended, which was classified generally to sections 691 to 718 of

Title 48, Territories and Insular Possessions, and was omitted from

the Code. Section 201 of the Act was classified to section 692 of

Title 48.

Act of June 20, 1938, referred to in par. (9), is act June 20,

1938, ch. 530, 52 Stat. 781, as amended, which is classified to

sections 391b, 391b-1, 392b, 392c, 396, and 396a of Title 16,

Conservation. For complete classification of this Act to the Code,

see Tables.

An Act to provide for the admission of the State of Hawaii into

the Union, referred to in pars. (10) and (11), is Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, as amended, popularly known as the

Hawaii Statehood Admissions Act, which is set out as a note

preceding former section 491 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

The Native American Programs Act of 1974, referred to in par.

(13)(A), is title VIII of Pub. L. 88-452, as added by Pub. L.

93-644, Sec. 11, Jan. 4, 1975, 88 Stat. 2324, as amended, which is

classified generally to subchapter VIII (Sec. 2991 et seq.) of

chapter 34 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 2991 of Title

42 and Tables.

The American Indian Religious Freedom Act, referred to in par.

(13)(B), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as

amended, which is classified to sections 1996 and 1996a of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

1996 of Title 42 and Tables.

The National Museum of the American Indian Act, referred to in

par. (13)(C), is Pub. L. 101-185, Nov. 28, 1989, 103 Stat. 1336, as

amended, which is classified generally to subchapter XIII (Sec. 80q

et seq.) of chapter 3 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

80q of this title and Tables.

The Native American Graves Protection and Repatriation Act,

referred to in par. (13)(D), is Pub. L. 101-601, Nov. 16, 1990, 104

Stat. 3048, which is classified principally to chapter 32 (Sec.

3001 et seq.) of Title 25, Indians. For complete classification of

this Act to the Code, see Short Title note set out under section

3001 of Title 25 and Tables.

The National Historic Preservation Act, referred to in par.

(13)(E), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as

amended, which is classified generally to subchapter II (Sec. 470

et seq.) of chapter 1A of Title 16, Conservation. For complete

classification of this Act to the Code, see section 470(a) of Title

16 and Tables.

The Native American Languages Act, referred to in par. (13)(F),

is title I of Pub. L. 101-477, Oct. 30, 1990, 104 Stat. 1153, as

amended, which is classified generally to chapter 31 (Sec. 2901 et

seq.) of Title 25, Indians. For complete classification of this Act

to the Code, see Short Title note set out under section 2901 of

Title 25 and Tables.

The American Indian, Alaska Native, and Native Hawaiian Culture

and Art Development Act, referred to in par. (13)(G), is title XV

of Pub. L. 99-498, Oct. 17, 1986, 100 Stat. 1600, as amended, which

is classified generally to chapter 56 (Sec. 4401 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 4401 of this title and

Tables.

The Workforce Investment Act of 1998, referred to in par.

(13)(H), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of this title and Tables.

The Older Americans Act of 1965, referred to in par. (13)(I), is

Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is

classified generally to chapter 35 (Sec. 3001 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 3001 of

Title 42 and Tables.

The Augustus F. Hawkins-Robert T. Stafford Elementary and

Secondary School Improvement Amendments of 1988, referred to in

pars. (15) and (16), is Pub. L. 100-297, Apr. 28, 1988, 102 Stat.

130, as amended. Title IV of the Act was classified generally to

chapter 61 (Sec. 4901 et seq.) of this title prior to repeal by

Pub. L. 103-382, title III, Sec. 363, Oct. 20, 1994, 108 Stat.

3975.

-MISC2-

PRIOR PROVISIONS

A prior section 7512, Pub. L. 89-10, title VII, Sec. 7202, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3737, set forth findings of the Foreign Language Assistance Act of

1994, prior to the general amendment of this subchapter by Pub. L.

107-110.

-CITE-

20 USC Sec. 7513 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7513. Purposes

-STATUTE-

The purposes of this part are to -

(1) authorize and develop innovative educational programs to

assist Native Hawaiians;

(2) provide direction and guidance to appropriate Federal,

State, and local agencies to focus resources, including resources

made available under this part, on Native Hawaiian education, and

to provide periodic assessment and data collection;

(3) supplement and expand programs and authorities in the area

of education to further the purposes of this subchapter; and

(4) encourage the maximum participation of Native Hawaiians in

planning and management of Native Hawaiian education programs.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7203, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1937.)

-MISC1-

PRIOR PROVISIONS

A prior section 7513, Pub. L. 89-10, title VII, Sec. 7203, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3737, authorized foreign language assistance program, prior to the

general amendment of this subchapter by Pub. L. 107-110. See

section 7259a of this title.

-CITE-

20 USC Sec. 7514 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7514. Native Hawaiian Education Council and island councils

-STATUTE-

(a) Establishment of Native Hawaiian Education Council

In order to better effectuate the purposes of this part through

the coordination of educational and related services and programs

available to Native Hawaiians, including those programs receiving

funding under this part, the Secretary is authorized to establish a

Native Hawaiian Education Council (hereafter in this part referred

to as the ''Education Council'').

(b) Composition of Education Council

The Education Council shall consist of not more than 21 members,

unless otherwise determined by a majority of the council.

(c) Conditions and terms

(1) Conditions

At least 10 members of the Education Council shall be Native

Hawaiian education service providers and 10 members of the

Education Council shall be Native Hawaiians or Native Hawaiian

education consumers. In addition, a representative of the State

of Hawaii Office of Hawaiian Affairs shall serve as a member of

the Education Council.

(2) Appointments

The members of the Education Council shall be appointed by the

Secretary based on recommendations received from the Native

Hawaiian community.

(3) Terms

Members of the Education Council shall serve for staggered

terms of 3 years, except as provided in paragraph (4).

(4) Council determinations

Additional conditions and terms relating to membership on the

Education Council, including term lengths and term renewals,

shall be determined by a majority of the Education Council.

(d) Native Hawaiian Education Council grant

The Secretary shall make a direct grant to the Education Council

to carry out the following activities:

(1) Coordinate the educational and related services and

programs available to Native Hawaiians, including the programs

assisted under this part.

(2) Assess the extent to which such services and programs meet

the needs of Native Hawaiians, and collect data on the status of

Native Hawaiian education.

(3) Provide direction and guidance, through the issuance of

reports and recommendations, to appropriate Federal, State, and

local agencies in order to focus and improve the use of

resources, including resources made available under this part,

relating to Native Hawaiian education, and serve, where

appropriate, in an advisory capacity.

(4) Make direct grants, if such grants enable the Education

Council to carry out the duties of the Education Council, as

described in paragraphs (1) through (3).

(e) Additional duties of the Education Council

(1) In general

The Education Council shall provide copies of any reports and

recommendations issued by the Education Council, including any

information that the Education Council provides to the Secretary

pursuant to subsection (i) of this section, to the Secretary, the

Committee on Education and the Workforce of the House of

Representatives, and the Committee on Indian Affairs of the

Senate.

(2) Annual report

The Education Council shall prepare and submit to the Secretary

an annual report on the Education Council's activities.

(3) Island council support and assistance

The Education Council shall provide such administrative support

and financial assistance to the island councils established

pursuant to subsection (f) of this section as the Secretary

determines to be appropriate, in a manner that supports the

distinct needs of each island council.

(f) Establishment of island councils

(1) In general

In order to better effectuate the purposes of this part and to

ensure the adequate representation of island and community

interests within the Education Council, the Secretary is

authorized to facilitate the establishment of Native Hawaiian

education island councils (hereafter in this part referred to as

an ''island council'') for the following islands:

(A) Hawaii.

(B) Maui.

(C) Molokai.

(D) Lanai.

(E) Oahu.

(F) Kauai.

(G) Niihau.

(2) Composition of island councils

Each island council shall consist of parents, students, and

other community members who have an interest in the education of

Native Hawaiians, and shall be representative of individuals

concerned with the educational needs of all age groups, from

children in preschool through adults. At least three-fourths of

the members of each island council shall be Native Hawaiians.

(g) Administrative provisions relating to Education Council and

island councils

The Education Council and each island council shall meet at the

call of the chairperson of the appropriate council, or upon the

request of the majority of the members of the appropriate council,

but in any event not less often than four times during each

calendar year. The provisions of the Federal Advisory Committee

Act shall not apply to the Education Council and each island

council.

(h) Compensation

Members of the Education Council and each island council shall

not receive any compensation for service on the Education Council

and each island council, respectively.

(i) Report

Not later than 4 years after January 8, 2002, the Secretary shall

prepare and submit to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Indian Affairs

of the Senate a report that summarizes the annual reports of the

Education Council, describes the allocation and use of funds under

this part, and contains recommendations for changes in Federal,

State, and local policy to advance the purposes of this part.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7204, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1937.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 7514, Pub. L. 89-10, title VII, Sec. 7204, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3738, related to applications for grants, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7259b

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7515 of this title.

-CITE-

20 USC Sec. 7515 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7515. Program authorized

-STATUTE-

(a) General authority

(1) Grants and contracts

The Secretary is authorized to make direct grants to, or enter

into contracts with -

(A) Native Hawaiian educational organizations;

(B) Native Hawaiian community-based organizations;

(C) public and private nonprofit organizations, agencies, and

institutions with experience in developing or operating Native

Hawaiian programs or programs of instruction in the Native

Hawaiian language; and

(D) consortia of the organizations, agencies, and

institutions described in subparagraphs (A) through (C),

to carry out programs that meet the purposes of this part.

(2) Priorities

In awarding grants or contracts to carry out activities

described in paragraph (3), the Secretary shall give priority to

entities proposing projects that are designed to address -

(A) beginning reading and literacy among students in

kindergarten through third grade;

(B) the needs of at-risk children and youth;

(C) needs in fields or disciplines in which Native Hawaiians

are underemployed; and

(D) the use of the Hawaiian language in instruction.

(3) Authorized activities

Activities provided through programs carried out under this

part may include -

(A) the development and maintenance of a statewide Native

Hawaiian early education and care system to provide a continuum

of services for Native Hawaiian children from the prenatal

period of the children through age 5;

(B) the operation of family-based education centers that

provide such services as -

(i) programs for Native Hawaiian parents and their infants

from the prenatal period of the infants through age 3;

(ii) preschool programs for Native Hawaiians; and

(iii) research on, and development and assessment of,

family-based, early childhood, and preschool programs for

Native Hawaiians;

(C) activities that enhance beginning reading and literacy in

either the Hawaiian or the English language among Native

Hawaiian students in kindergarten through third grade and

assistance in addressing the distinct features of combined

English and Hawaiian literacy for Hawaiian speakers in fifth

and sixth grade;

(D) activities to meet the special needs of Native Hawaiian

students with disabilities, including -

(i) the identification of such students and their needs;

(ii) the provision of support services to the families of

those students; and

(iii) other activities consistent with the requirements of

the Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.);

(E) activities that address the special needs of Native

Hawaiian students who are gifted and talented, including -

(i) educational, psychological, and developmental

activities designed to assist in the educational progress of

those students; and

(ii) activities that involve the parents of those students

in a manner designed to assist in the students' educational

progress;

(F) the development of academic and vocational curricula to

address the needs of Native Hawaiian children and adults,

including curriculum materials in the Hawaiian language and

mathematics and science curricula that incorporate Native

Hawaiian tradition and culture;

(G) professional development activities for educators,

including -

(i) the development of programs to prepare prospective

teachers to address the unique needs of Native Hawaiian

students within the context of Native Hawaiian culture,

language, and traditions;

(ii) in-service programs to improve the ability of teachers

who teach in schools with concentrations of Native Hawaiian

students to meet those students' unique needs; and

(iii) the recruitment and preparation of Native Hawaiians,

and other individuals who live in communities with a high

concentration of Native Hawaiians, to become teachers;

(H) the operation of community-based learning centers that

address the needs of Native Hawaiian families and communities

through the coordination of public and private programs and

services, including -

(i) preschool programs;

(ii) after-school programs;

(iii) vocational and adult education programs; and

(iv) programs that recognize and support the unique

cultural and educational needs of Native Hawaiian children,

and incorporate appropriately qualified Native Hawaiian

elders and seniors;

(I) activities, including program co-location, to enable

Native Hawaiians to enter and complete programs of

postsecondary education, including -

(i) provision of full or partial scholarships for

undergraduate or graduate study that are awarded to students

based on their academic promise and financial need, with a

priority, at the graduate level, given to students entering

professions in which Native Hawaiians are underrepresented;

(ii) family literacy services;

(iii) counseling and support services for students

receiving scholarship assistance;

(iv) counseling and guidance for Native Hawaiian secondary

students who have the potential to receive scholarships; and

(v) faculty development activities designed to promote the

matriculation of Native Hawaiian students;

(J) research and data collection activities to determine the

educational status and needs of Native Hawaiian children and

adults;

(K) other research and evaluation activities related to

programs carried out under this part; and

(L) other activities, consistent with the purposes of this

part, to meet the educational needs of Native Hawaiian children

and adults.

(4) Special rule and conditions

(A) Institutions outside Hawaii

The Secretary shall not establish a policy under this section

that prevents a Native Hawaiian student enrolled at a 2- or

4-year degree granting institution of higher education outside

of the State of Hawaii from receiving a scholarship pursuant to

paragraph (3)(I).

(B) Scholarship conditions

The Secretary shall establish conditions for receipt of a

scholarship awarded under paragraph (3)(I). The conditions

shall require that an individual seeking such a scholarship

enter into a contract to provide professional services, either

during the scholarship period or upon completion of a program

of postsecondary education, to the Native Hawaiian community.

(b) Administrative costs

Not more than 5 percent of funds provided to a recipient of a

grant or contract under subsection (a) of this section for any

fiscal year may be used for administrative purposes.

(c) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section and section 7514 of this title such sums as may be

necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

(2) Reservation

Of the funds appropriated under this subsection, the Secretary

shall reserve $500,000 for fiscal year 2002 and each of the 5

succeeding fiscal years to make a direct grant to the Education

Council to carry out section 7514 of this title.

(3) Availability

Funds appropriated under this subsection shall remain available

until expended.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7205, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1939.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(3)(D)(iii), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of this title. For complete

classification of this Act to the Code, see section 1400 of this

title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7515, Pub. L. 89-10, title VII, Sec. 7205, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3738, related to elementary school foreign language incentive

program, prior to the general amendment of this subchapter by Pub.

L. 107-110. See section 7259c of this title.

-CITE-

20 USC Sec. 7516 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7516. Administrative provisions

-STATUTE-

(a) Application required

No grant may be made under this part, and no contract may be

entered into under this part, unless the entity seeking the grant

or contract submits an application to the Secretary at such time,

in such manner, and containing such information as the Secretary

may determine to be necessary to carry out the provisions of this

part.

(b) Special rule

Each applicant for a grant or contract under this part shall

submit the application for comment to the local educational agency

serving students who will participate in the program to be carried

out under the grant or contract, and include those comments, if

any, with the application to the Secretary.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7206, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1941.)

-MISC1-

PRIOR PROVISIONS

A prior section 7516, Pub. L. 89-10, title VII, Sec. 7206, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3739, authorized appropriations for foreign language assistance,

prior to the general amendment of this subchapter by Pub. L.

107-110.

-CITE-

20 USC Sec. 7517 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part B - Native Hawaiian Education

-HEAD-

Sec. 7517. Definitions

-STATUTE-

In this part:

(1) Native Hawaiian

The term ''Native Hawaiian'' means any individual who is -

(A) a citizen of the United States; and

(B) a descendant of the aboriginal people who, prior to 1778,

occupied and exercised sovereignty in the area that now

comprises the State of Hawaii, as evidenced by -

(i) genealogical records;

(ii) Kupuna (elders) or Kamaaina (long-term community

residents) verification; or

(iii) certified birth records.

(2) Native Hawaiian community-based organization

The term ''Native Hawaiian community-based organization'' means

any organization that is composed primarily of Native Hawaiians

from a specific community and that assists in the social,

cultural, and educational development of Native Hawaiians in that

community.

(3) Native Hawaiian educational organization

The term ''Native Hawaiian educational organization'' means a

private nonprofit organization that -

(A) serves the interests of Native Hawaiians;

(B) has Native Hawaiians in substantive and policymaking

positions within the organization;

(C) incorporates Native Hawaiian perspective, values,

language, culture, and traditions into the core function of the

organization;

(D) has demonstrated expertise in the education of Native

Hawaiian youth; and

(E) has demonstrated expertise in research and program

development.

(4) Native Hawaiian language

The term ''Native Hawaiian language'' means the single Native

American language indigenous to the original inhabitants of the

State of Hawaii.

(5) Native Hawaiian organization

The term ''Native Hawaiian organization'' means a private

nonprofit organization that -

(A) serves the interests of Native Hawaiians;

(B) has Native Hawaiians in substantive and policymaking

positions within the organization; and

(C) is recognized by the Governor of Hawaii for the purpose

of planning, conducting, or administering programs (or portions

of programs) for the benefit of Native Hawaiians.

(6) Office of Hawaiian Affairs

The term ''Office of Hawaiian Affairs'' means the Office of

Hawaiian Affairs established by the Constitution of the State of

Hawaii.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7207, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1941.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1059d, 2326, 7265e, 9161

of this title; title 25 section 2902; title 29 section 2911.

-CITE-

20 USC Part C - Alaska Native Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

.

-HEAD-

Part C - Alaska Native Education

-CITE-

20 USC Sec. 7541 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7541. Short title

-STATUTE-

This part may be cited as the ''Alaska Native Educational Equity,

Support, and Assistance Act''.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7301, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1942.)

-MISC1-

PRIOR PROVISIONS

Provisions naming former part C (Sec. 7931 et seq.) of subchapter

IX of this chapter as the ''Alaska Native Educational Equity,

Support and Assistance Act'' were contained in section 7931 of this

title, prior to the general amendment of subchapter IX by Pub. L.

107-110.

A prior section 7541, Pub. L. 89-10, title VII, Sec. 7301, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3739, set forth findings and purpose of emergency immigrant

education program, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 6961 of this title.

-CITE-

20 USC Sec. 7542 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7542. Findings

-STATUTE-

Congress finds and declares the following:

(1) The attainment of educational success is critical to the

betterment of the conditions, long-term well-being, and

preservation of the culture of Alaska Natives.

(2) It is the policy of the Federal Government to encourage the

maximum participation by Alaska Natives in the planning and the

management of Alaska Native education programs.

(3) Alaska Native children enter and exit school with serious

educational handicaps.

(4) The educational achievement of Alaska Native children is

far below national norms. Native performance on standardized

tests is low, Native student dropout rates are high, and Natives

are significantly underrepresented among holders of baccalaureate

degrees in the State of Alaska. As a result, Native students are

being denied their opportunity to become full participants in

society by grade school and high school educations that are

condemning an entire generation to an underclass status and a

life of limited choices.

(5) The programs authorized in this part, combined with

expanded Head Start, infant learning, and early childhood

education programs, and parent education programs, are essential

if educational handicaps are to be overcome.

(6) The sheer magnitude of the geographic barriers to be

overcome in delivering educational services in rural Alaska and

Alaska villages should be addressed through the development and

implementation of innovative, model programs in a variety of

areas.

(7) Native children should be afforded the opportunity to begin

their formal education on a par with their non-Native peers. The

Federal Government should lend support to efforts developed by

and undertaken within the Alaska Native community to improve

educational opportunity for all students.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7302, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1942.)

-MISC1-

PRIOR PROVISIONS

A prior section 7542, Pub. L. 89-10, title VII, Sec. 7302, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3739, related to State administrative costs, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6962

of this title.

-CITE-

20 USC Sec. 7543 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7543. Purposes

-STATUTE-

The purposes of this part are as follows:

(1) To recognize the unique educational needs of Alaska

Natives.

(2) To authorize the development of supplemental educational

programs to benefit Alaska Natives.

(3) To supplement existing programs and authorities in the area

of education to further the purposes of this part.

(4) To provide direction and guidance to appropriate Federal,

State and local agencies to focus resources, including resources

made available under this part, on meeting the educational needs

of Alaska Natives.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7303, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1943.)

-MISC1-

PRIOR PROVISIONS

A prior section 7543, Pub. L. 89-10, title VII, Sec. 7303, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3739, related to withholding, prior to the general amendment of

this subchapter by Pub. L. 107-110. See section 6963 of this title.

-CITE-

20 USC Sec. 7544 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7544. Program authorized

-STATUTE-

(a) General authority

(1) Grants and contracts

The Secretary is authorized to make grants to, or enter into

contracts with, Alaska Native organizations, educational entities

with experience in developing or operating Alaska Native programs

or programs of instruction conducted in Alaska Native languages,

cultural and community-based organizations with experience in

developing or operating programs to benefit Alaska Natives, and

consortia of organizations and entities described in this

paragraph to carry out programs that meet the purposes of this

part.

(2) Permissible activities

Activities provided through programs carried out under this

part may include the following:

(A) The development and implementation of plans, methods, and

strategies to improve the education of Alaska Natives.

(B) The development of curricula and educational programs

that address the educational needs of Alaska Native students,

including the following:

(i) Curriculum materials that reflect the cultural

diversity or the contributions of Alaska Natives.

(ii) Instructional programs that make use of Native Alaskan

languages.

(iii) Networks that introduce successful programs,

materials, and techniques to urban and rural schools.

(C) Professional development activities for educators,

including the following:

(i) Programs to prepare teachers to address the cultural

diversity and unique needs of Alaska Native students.

(ii) In-service programs to improve the ability of teachers

to meet the unique needs of Alaska Native students.

(iii) Recruitment and preparation of teachers who are

Alaska Native, reside in communities with high concentrations

of Alaska Native students, or are likely to succeed as

teachers in isolated, rural communities and engage in

cross-cultural instruction in Alaska.

(D) The development and operation of home instruction

programs for Alaska Native preschool children, to ensure the

active involvement of parents in their children's education

from the earliest ages.

(E) Family literacy services.

(F) The development and operation of student enrichment

programs in science and mathematics that -

(i) are designed to prepare Alaska Native students from

rural areas, who are preparing to enter secondary school, to

excel in science and math;

(ii) provide appropriate support services to the families

of such students that are needed to enable such students to

benefit from the programs; and

(iii) may include activities that recognize and support the

unique cultural and educational needs of Alaska Native

children, and incorporate appropriately qualified Alaska

Native elders and seniors.

(G) Research and data collection activities to determine the

educational status and needs of Alaska Native children and

adults.

(H) Other research and evaluation activities related to

programs carried out under this part.

(I) Remedial and enrichment programs to assist Alaska Native

students in performing at a high level on standardized tests.

(J) Education and training of Alaska Native students enrolled

in a degree program that will lead to certification or

licensing as teachers.

(K) Parenting education for parents and caregivers of Alaska

Native children to improve parenting and caregiving skills

(including skills relating to discipline and cognitive

development), including parenting education provided through

in-home visitation of new mothers.

(L) Cultural education programs operated by the Alaska Native

Heritage Center and designed to share the Alaska Native culture

with students.

(M) A cultural exchange program operated by the Alaska

Humanities Forum and designed to share Alaska Native culture

with urban students in a rural setting, which shall be known as

the Rose Cultural Exchange Program.

(N) Activities carried out through Even Start programs

carried out under subpart 3 of part B of subchapter I of this

chapter and Head Start programs carried out under the Head

Start Act (42 U.S.C. 9831 et seq.), including the training of

teachers for programs described in this subparagraph.

(O) Other early learning and preschool programs.

(P) Dropout prevention programs such as the Cook Inlet Tribal

Council's Partners for Success program.

(Q) An Alaska Initiative for Community Engagement program.

(R) Career preparation activities to enable Alaska Native

children and adults to prepare for meaningful employment,

including programs providing tech-prep, mentoring, training,

and apprenticeship activities.

(S) Provision of operational support and purchasing of

equipment, to develop regional vocational schools in rural

areas of Alaska, including boarding schools, for Alaska Native

students in grades 9 through 12, or at higher levels of

education, to provide the students with necessary resources to

prepare for skilled employment opportunities.

(T) Other activities, consistent with the purposes of this

part, to meet the educational needs of Alaska Native children

and adults.

(3) Home instruction programs

Home instruction programs for Alaska Native preschool children

carried out under paragraph (2)(D) may include the following:

(A) Programs for parents and their infants, from the prenatal

period of the infant through age 3.

(B) Preschool programs.

(C) Training, education, and support for parents in such

areas as reading readiness, observation, story telling, and

critical thinking.

(b) Limitation on administrative costs

Not more than 5 percent of funds provided to a grantee under this

section for any fiscal year may be used for administrative

purposes.

(c) Priorities

In awarding grants or contracts to carry out activities described

in subsection (a)(2) of this section, except for activities listed

in subsection (d)(2) of this section, the Secretary shall give

priority to applications from Alaska Native regional nonprofit

organizations, or consortia that include at least one Alaska Native

regional nonprofit organization.

(d) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section such sums as may be necessary for fiscal year 2002 and

each of the 5 succeeding fiscal years.

(2) Availability of funds

Of the funds appropriated and made available under this section

for a fiscal year, the Secretary shall make available -

(A) not less than $1,000,000 to support activities described

in subsection (a)(2)(K) of this section;

(B) not less than $1,000,000 to support activities described

in subsection (a)(2)(L) of this section;

(C) not less than $1,000,000 to support activities described

in subsection (a)(2)(M) of this section;

(D) not less than $2,000,000 to support activities described

in subsection (a)(2)(P) of this section; and

(E) not less than $2,000,000 to support activities described

in subsection (a)(2)(Q) of this section.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7304, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1943.)

-REFTEXT-

REFERENCES IN TEXT

The Head Start Act, referred to in subsec. (a)(2)(N), is

subchapter B (Sec. 635 et seq.) of chapter 8 of subtitle A of title

VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which

is classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 9801 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7544, Pub. L. 89-10, title VII, Sec. 7304, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3740, related to State allocations, prior to the general amendment

of this subchapter by Pub. L. 107-110. See section 6964 of this

title.

-CITE-

20 USC Sec. 7545 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7545. Administrative provisions

-STATUTE-

(a) Application required

No grant may be made under this part, and no contract may be

entered into under this part, unless the entity seeking the grant

or contract submits an application to the Secretary in such form,

in such manner, and containing such information as the Secretary

may determine necessary to carry out the provisions of this part.

(b) Applications

A State educational agency or local educational agency may apply

for an award under this part only as part of a consortium involving

an Alaska Native organization. The consortium may include other

eligible applicants.

(c) Consultation required

Each applicant for an award under this part shall provide for

ongoing advice from and consultation with representatives of the

Alaska Native community.

(d) Local educational agency coordination

Each applicant for an award under this part shall inform each

local educational agency serving students who would participate in

the program to be carried out under the grant or contract about the

application.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7305, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1946.)

-MISC1-

PRIOR PROVISIONS

A prior section 7545, Pub. L. 89-10, title VII, Sec. 7305, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3741, related to State applications, prior to the general amendment

of this subchapter by Pub. L. 107-110. See section 6965 of this

title.

-CITE-

20 USC Sec. 7546 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part C - Alaska Native Education

-HEAD-

Sec. 7546. Definitions

-STATUTE-

In this part:

(1) Alaska Native

The term ''Alaska Native'' has the same meaning as the term

''Native'' has in section 1602(b) of title 43.

(2) Alaska Native organization

The term ''Alaska Native organization'' means a federally

recognized tribe, consortium of tribes, regional nonprofit Native

association, and another organization that -

(A) has or commits to acquire expertise in the education of

Alaska Natives; and

(B) has Alaska Natives in substantive and policymaking

positions within the organization.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7306, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1946.)

-MISC1-

PRIOR PROVISIONS

A prior section 7546, Pub. L. 89-10, title VII, Sec. 7306, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3743, related to administrative provisions, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 6966

of this title.

Prior sections 7547 to 7602 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7547, Pub. L. 89-10, title VII, Sec. 7307, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3743,

related to uses of funds. See section 6967 of this title.

Section 7548, Pub. L. 89-10, title VII, Sec. 7308, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to reports. See section 6968 of this title.

Section 7549, Pub. L. 89-10, title VII, Sec. 7309, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

authorized appropriations.

Section 7571, Pub. L. 89-10, title VII, Sec. 7401, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to release time. See section 6981 of this title.

Section 7572, Pub. L. 89-10, title VII, Sec. 7402, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to acquisition or development of education technology.

Section 7573, Pub. L. 89-10, title VII, Sec. 7403, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to notification of awards. See section 6982 of this title.

Section 7574, Pub. L. 89-10, title VII, Sec. 7404, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to continued eligibility for grants.

Section 7575, Pub. L. 89-10, title VII, Sec. 7405, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3744,

related to coordination and reporting requirements. See section

6983 of this title.

Section 7601, Pub. L. 89-10, title VII, Sec. 7501, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3745;

amended Pub. L. 105-244, title I, Sec. 102(a)(6)(J), title IX, Sec.

901(d), Oct. 7, 1998, 112 Stat. 1619, 1828, defined terms. See

section 7011 of this title.

Section 7602, Pub. L. 89-10, title VII, Sec. 7502, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3748,

related to regulations and parental notification. See sections

7012 and 7014 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1059d, 7265e of this

title.

-CITE-

20 USC SUBCHAPTER VIII - IMPACT AID 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

.

-HEAD-

SUBCHAPTER VIII - IMPACT AID

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this subchapter were contained in

chapters 13 (Sec. 236 et seq.) and 19 (Sec. 631 et seq.) of this

title prior to repeal by Pub. L. 103-382, Sec. 331.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1228, 7802 of this

title.

-CITE-

20 USC Sec. 7701 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7701. Purpose

-STATUTE-

In order to fulfill the Federal responsibility to assist with the

provision of educational services to federally connected children

in a manner that promotes control by local educational agencies

with little or no Federal or State involvement, because certain

activities of the Federal Government, such as activities to fulfill

the responsibilities of the Federal Government with respect to

Indian tribes and activities under section 574 of title 50,

Appendix, place a financial burden on the local educational

agencies serving areas where such activities are carried out, and

to help such children meet challenging State standards, it is the

purpose of this subchapter to provide financial assistance to local

educational agencies that -

(1) experience a substantial and continuing financial burden

due to the acquisition of real property by the United States;

(2) educate children who reside on Federal property and whose

parents are employed on Federal property;

(3) educate children of parents who are in the military

services and children who live in low-rent housing;

(4) educate heavy concentrations of children whose parents are

civilian employees of the Federal Government and do not reside on

Federal property; or

(5) need special assistance with capital expenditures for

construction activities because of the enrollments of substantial

numbers of children who reside on Federal lands and because of

the difficulty of raising local revenue through bond referendums

for capital projects due to the inability to tax Federal

property.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8001, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3749; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1802), Oct. 30, 2000,

114 Stat. 1654, 1654A-368.)

-MISC1-

PRIOR PROVISIONS

A prior section 8001 of Pub. L. 89-10 was classified to section

3351 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Another prior section 8001 of Pub. L. 89-10 was renumbered

section 9001 and was classified to section 3381 of this title,

prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1802(1)), in introductory provisions, inserted ''in a manner that

promotes control by local educational agencies with little or no

Federal or State involvement'' after ''educational services to

federally connected children'' and '', such as activities to

fulfill the responsibilities of the Federal Government with respect

to Indian tribes and activities under section 574 of title 50,

Appendix,'' after ''certain activities of the Federal Government''.

Par. (4). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1802(2)), inserted ''or'' at end.

Pars. (5), (6). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1802(3)-(5)), redesignated par. (6) as (5), inserted ''and

because of the difficulty of raising local revenue through bond

referendums for capital projects due to the inability to tax

Federal property'' before period at end, and struck out former par.

(5) which read as follows: ''experience sudden and substantial

increases or decreases in enrollments because of military

realignments; or''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1818), Oct.

30, 2000, 114 Stat. 1654, 1654A-389, provided that: ''This title

(amending this section and sections 1228, 7702, 7703, 7705, 7707,

7709 to 7713, and 7714 of this title, repealing section 7706 of

this title, and enacting provisions set out as notes under sections

6301, 7703, and 7711 of this title), and the amendments made by

this title, shall take effect on October 1, 2000, or the date of

the enactment of this Act (Oct. 30, 2000), whichever occurs

later.''

EFFECTIVE DATE

Pub. L. 103-382, Sec. 3(a)(1), Oct. 20, 1994, 108 Stat. 3518,

provided that:

''(A) Title I (amending generally Pub. L. 89-10 (formerly chapter

47 of this title, now this chapter)) and the amendment made by

title I of this Act shall take effect July 1, 1995, except that

those provisions of title I that apply to programs under title VIII

(Impact Aid) of the Elementary and Secondary Education Act of 1965

(this subchapter), as amended by this Act, and to programs under

such Act (this chapter) that are conducted on a competitive basis,

shall be effective with respect to appropriations for use under

such programs for fiscal year 1995 and for subsequent fiscal years.

''(B) Title VIII of the Elementary and Secondary Education Act of

1965 (this subchapter), as amended by title I of this Act, shall

take effect on the date of the enactment of this Act (Oct. 20,

1994).''

-CITE-

20 USC Sec. 7702 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7702. Payments relating to Federal acquisition of real

property

-STATUTE-

(a) In general

Where the Secretary, after consultation with any local

educational agency and with the appropriate State educational

agency, determines for a fiscal year ending prior to October 1,

2003 -

(1) that the United States owns Federal property in the local

educational agency, and that such property -

(A) has been acquired by the United States since 1938;

(B) was not acquired by exchange for other Federal property

in the local educational agency which the United States owned

before 1939; and

(C) had an assessed value (determined as of the time or times

when so acquired) aggregating 10 percent or more of the

assessed value of -

(i) all real property in the local educational agency

(similarly determined as of the time or times when such

Federal property was so acquired); or

(ii) all real property in the local educational agency as

assessed in the first year preceding or succeeding

acquisition, whichever is greater, only if -

(I) the assessment of all real property in the local

educational agency is not made at the same time or times

that such Federal property was so acquired and assessed;

and

(II) State law requires an assessment be made of property

so acquired; and

(2) that such agency is not being substantially compensated for

the loss in revenue resulting from such ownership by increases in

revenue accruing to the agency from the conduct of Federal

activities with respect to such Federal property,

then such agency shall be eligible to receive the amount described

in subsection (b) of this section.

(b) Amount

(1) In general

(A)(i)(I) Subject to subclauses (II) and (III), the amount that

a local educational agency shall be paid under subsection (a) of

this section for a fiscal year shall be calculated in accordance

with paragraph (2).

(II) Except as provided in subclause (III), the Secretary may

not reduce the amount of a payment under this section to a local

educational agency for a fiscal year by (aa) the amount equal to

the amount of revenue, if any, the agency received during the

previous fiscal year from activities conducted on Federal

property eligible under this section and located in a school

district served by the agency, including amounts received from

any Federal department or agency (other than the Department of

Education) from such activities, by reason of receipt of such

revenue, or (bb) any other amount by reason of receipt of such

revenue.

(III) If the amount equal to the sum of (aa) the proposed

payment under this section to a local educational agency for a

fiscal year and (bb) the amount of revenue described in subclause

(II)(aa) received by the agency during the previous fiscal year,

exceeds the maximum amount the agency is eligible to receive

under this section for the fiscal year involved, then the

Secretary shall reduce the amount of the proposed payment under

this section by an amount equal to such excess amount.

(ii) For purposes of clause (i), the amount of revenue that a

local educational agency receives during the previous fiscal year

from activities conducted on Federal property shall not include

payments received by the agency from the Secretary of Defense to

support -

(I) the operation of a domestic dependent elementary or

secondary school; or

(II) the provision of a free public education to dependents

of members of the Armed Forces residing on or near a military

installation.

(B) If funds appropriated under section 7714(a) of this title

are insufficient to pay the amount determined under subparagraph

(A), the Secretary shall calculate the payment for each eligible

local educational agency in accordance with subsection (h) of

this section.

(C) Notwithstanding any other provision of this subsection, a

local educational agency may not be paid an amount under this

section that, when added to the amount such agency receives under

section 7703(b) of this title, exceeds the maximum amount that

such agency is eligible to receive for such fiscal year under

section 7703(b)(1)(C) of this title, or the maximum amount that

such agency is eligible to receive for such fiscal year under

this section, whichever is greater.

(2) Application of current levied real property tax rate

In calculating the amount that a local educational agency is

eligible to receive for a fiscal year, the Secretary shall apply

the current levied real property tax rate for current

expenditures levied by fiscally independent local educational

agencies, or imputed for fiscally dependent local educational

agencies, to the current annually determined aggregate assessed

value of such acquired Federal property.

(3) Determination of aggregate assessed value

Such aggregate assessed value of such acquired Federal property

shall be determined on the basis of the highest and best use of

property adjacent to such acquired Federal property as of the

time such value is determined, and provided to the Secretary, by

the local official responsible for assessing the value of real

property located in the jurisdiction of such local educational

agency for the purpose of levying a property tax.

(c) Applicability to Tennessee Valley Authority Act

For the purpose of this section, any real property with respect

to which payments are being made under section 13 of the Tennessee

Valley Authority Act of 1933 (16 U.S.C. 831l) shall not be regarded

as Federal property.

(d) Ownership by United States

The United States shall be deemed to own Federal property for the

purposes of this chapter, where -

(1) prior to the transfer of Federal property, the United

States owned Federal property meeting the requirements of

subparagraphs (A), (B), and (C) of subsection (a)(1) of this

section; and

(2) the United States transfers a portion of the property

referred to in paragraph (1) to another nontaxable entity, and

the United States -

(A) restricts some or any construction on such property;

(B) requires that the property be used in perpetuity for the

public purposes for which the property was conveyed;

(C) requires the grantee of the property to report to the

Federal Government (or its agent) regarding information on the

use of the property;

(D) except with the approval of the Federal Government (or

its agent), prohibits the sale, lease, assignment, or other

disposal of the property unless such sale, lease, assignment,

or other disposal is to another eligible government agency; and

(E) reserves to the Federal Government a right of reversion

at any time the Federal Government (or its agent) deems it

necessary for the national defense.

(e) Local educational agency containing Forest Service land and

serving certain counties

Beginning with fiscal year 1995, a local educational agency shall

be deemed to meet the requirements of subsection (a)(1)(C) of this

section if such local educational agency meets the following

requirements:

(1) Acreage and acquisition by the Forest Service

The local educational agency serves a school district that

contains between 20,000 and 60,000 acres of land that has been

acquired by the Forest Service of the Department of Agriculture

between 1915 and 1990, as demonstrated by written evidence from

the Forest Service satisfactory to the Secretary.

(2) County charter

The local educational agency serves a county chartered under

State law in 1875 or 1890.

(f) Special rule

(1) Beginning with fiscal year 1994, and notwithstanding any

other provision of law limiting the period during which fiscal year

1994 funds may be obligated, the Secretary shall treat the local

educational agency serving the Wheatland R-II School District,

Wheatland, Missouri, as meeting the eligibility requirements of

section 2(a)(1)(C) of the Act of September 30, 1950 (Public Law

874, 81st Congress) (as such section was in effect on the day

preceding October 20, 1994) (20 U.S.C. 237(a)(1)(C)) or subsection

(a)(1)(C) of this section.

(2) For each fiscal year beginning with fiscal year 1999, the

Secretary shall treat the Webster School District, Day County,

South Dakota as meeting the eligibility requirements of subsection

(a)(1)(C) of this section.

(3) For each fiscal year beginning with fiscal year 2000, the

Secretary shall treat the Central Union, California; Island,

California; Hill City, South Dakota; and Wall, South Dakota local

educational agencies as meeting the eligibility requirements of

subsection (a)(1)(C) of this section.

(4) For the purposes of payments under this section for each

fiscal year beginning with fiscal year 2000, the Secretary shall

treat the Hot Springs, South Dakota local educational agency as if

it had filed a timely application under this section for fiscal

year 1994 if the Secretary has received the fiscal year 1994

application, as well as Exhibits A and B not later than December 1,

1999.

(5) For purposes of payments under this section for each fiscal

year beginning with fiscal year 2000, the Secretary shall treat the

Hueneme, California local educational agency as if it had filed a

timely application under this section if the Secretary has received

the fiscal year 1995 application not later than December 1, 1999.

(g) Former districts

(1) In general

Where the school district of any local educational agency

described in paragraph (2) is formed at any time after 1938 by

the consolidation of two or more former school districts, such

agency may elect (at any time such agency files an application

under section 7705 of this title) for any fiscal year after

fiscal year 1994 to have (A) the eligibility of such local

educational agency, and (B) the amount which such agency shall be

eligible to receive, determined under this section only with

respect to such of the former school districts comprising such

consolidated school districts as such agency shall designate in

such election.

(2) Eligible local educational agencies

A local educational agency referred to in paragraph (1) is any

local educational agency that, for fiscal year 1994 or any

preceding fiscal year, applied for and was determined eligible

under section 2(c) of the Act of September 30, 1950 (Public Law

874, 81st Congress) as such section was in effect for such fiscal

year.

(h) Payments with respect to fiscal years in which insufficient

funds are appropriated

For any fiscal year for which the amount appropriated under

section 7714(a) of this title is insufficient to pay to each

eligible local educational agency the full amount determined under

subsection (b) of this section, the Secretary shall make payments

to each local educational agency under this section as follows:

(1) Foundation payments for pre-1995 recipients

(A) In general

The Secretary shall first make a foundation payment to each

local educational agency that is eligible to receive a payment

under this section for the fiscal year involved and that filed,

or has been determined pursuant to statute to have filed a

timely application, and met, or has been determined pursuant to

statute to meet, the eligibility requirements of section

2(a)(1)(C) of the Act of September 30, 1950 (Public Law 874,

81st Congress) (as such section was in effect on the day

preceding October 20, 1994) for any of the fiscal years 1989

through 1994.

(B) Amount

The amount of a payment under subparagraph (A) for a local

educational agency shall be equal to 38 percent of the local

educational agency's maximum entitlement amount under section 2

of the Act of September 30, 1950, for fiscal year 1994 (or if

the local educational agency did not meet, or has not been

determined pursuant to statute to meet, the eligibility

requirements of section 2(a)(1)(C) of the Act of September 30,

1950 for fiscal year 1994, the local educational agency's

maximum entitlement amount under such section 2 for the most

recent fiscal year preceding 1994).

(C) Insufficient appropriations

If the amount appropriated under section 7714(a) of this

title is insufficient to pay the full amount determined under

this paragraph for all eligible local educational agencies for

the fiscal year, then the Secretary shall ratably reduce the

payment to each local educational agency under this paragraph.

(2) Payments for 1995 recipients

(A) In general

From any amounts remaining after making payments under

paragraph (1) for the fiscal year involved, the Secretary shall

make a payment to each eligible local educational agency that

received a payment under this section for fiscal year 1995, or

whose application under this section for fiscal year 1995 was

determined pursuant to statute to be timely filed for purposes

of payments for subsequent fiscal years.

(B) Amount

The amount of a payment under subparagraph (A) for a local

educational agency shall be determined as follows:

(i) Calculate the difference between the amount

appropriated to carry out this section for fiscal year 1995

and the total amount of foundation payments made under

paragraph (1) for the fiscal year.

(ii) Determine the percentage share for each local

educational agency described in subparagraph (A) by dividing

the assessed value of the Federal property of the local

educational agency for fiscal year 1995 determined in

accordance with subsection (b)(3) of this section, by the

total eligible national assessed value of the eligible

Federal property of all such local educational agencies for

fiscal year 1995, as so determined.

(iii) Multiply the percentage share described in clause

(ii) for the local educational agency by the amount

determined under clause (i).

(3) Subsection (i) recipients

From any funds remaining after making payments under paragraphs

(1) and (2) for the fiscal year involved, the Secretary shall

make payments in accordance with subsection (i) of this section.

(4) Remaining funds

From any funds remaining after making payments under paragraphs

(1), (2), and (3) for the fiscal year involved -

(A) the Secretary shall make a payment to each local

educational agency that received a foundation payment under

paragraph (1) for the fiscal year involved in an amount that

bears the same relation to 25 percent of the remainder as the

amount the local educational agency received under paragraph

(1) for the fiscal year involved bears to the amount all local

educational agencies received under paragraph (1) for the

fiscal year involved; and

(B) the Secretary shall make a payment to each local

educational agency that is eligible to receive a payment under

this section for the fiscal year involved in an amount that

bears the same relation to 75 percent of the remainder as a

percentage share determined for the local educational agency

(by dividing the maximum amount that the agency is eligible to

receive under subsection (b) of this section by the total of

the maximum amounts for all such agencies) bears to the

percentage share determined (in the same manner) for all local

educational agencies eligible to receive a payment under this

section for the fiscal year involved, except that, for the

purpose of calculating a local educational agency's maximum

amount under subsection (b) of this section, data from the most

current fiscal year shall be used.

(i) Special payments

(1) In general

For any fiscal year beginning with fiscal year 2000 for which

the amount appropriated to carry out this section exceeds the

amount so appropriated for fiscal year 1996 and for which

subsection (b)(1)(B) of this section applies, the Secretary shall

use the remainder described in subsection (h)(3) of this section

for the fiscal year involved (not to exceed the amount equal to

the difference between (A) the amount appropriated to carry out

this section for fiscal year 1997 and (B) the amount appropriated

to carry out this section for fiscal year 1996) to increase the

payment that would otherwise be made under this section to not

more than 50 percent of the maximum amount determined under

subsection (b) of this section for any local educational agency

described in paragraph (2).

(2) Local educational agency described

A local educational agency described in this paragraph is a

local educational agency that -

(A) received a payment under this section for fiscal year

1996;

(B) serves a school district that contains all or a portion

of a United States military academy;

(C) serves a school district in which the local tax assessor

has certified that at least 60 percent of the real property is

federally owned; and

(D) demonstrates to the satisfaction of the Secretary that

such agency's per-pupil revenue derived from local sources for

current expenditures is not less than that revenue for the

preceding fiscal year.

(j) Repealed. Pub. L. 107-110, title VIII, Sec. 801(d), Jan. 8,

2002, 115 Stat. 1948

(k) Special rule

For purposes of payments under this section for each fiscal year

beginning with fiscal year 1998 -

(1) the Secretary shall, for the Stanley County, South Dakota

local educational agency, calculate payments as if subsection (e)

of this section had been in effect for fiscal year 1994; and

(2) the Secretary shall treat the Delaware Valley, Pennsylvania

local educational agency as if it had filed a timely application

under section 2 of Public Law 81-874 for fiscal year 1994.

(l) Prior year data

Notwithstanding any other provision of this section, in

determining the eligibility of a local educational agency for a

payment under subsection (b) or (h)(4)(B) of this section for a

fiscal year, and in calculating the amount of such payment, the

Secretary -

(1) shall use data from the prior fiscal year with respect to

the Federal property involved, including data with respect to the

assessed value of the property and the real property tax rate for

current expenditures levied against or imputed to the property;

and

(2) shall use data from the second prior fiscal year with

respect to determining the amount of revenue referred to in

subsection (b)(1)(A)(i) of this section.

(m) Eligibility

(1) Old Federal property

Except as provided in paragraph (2), a local educational agency

that is eligible to receive a payment under this section for

Federal property acquired by the Federal Government, before

October 30, 2000, shall be eligible to receive the payment only

if the local educational agency submits an application for a

payment under this section not later than 5 years after October

30, 2000.

(2) Combined Federal property

A local educational agency that is eligible to receive a

payment under this section for Federal property acquired by the

Federal Government before October 30, 2000, shall be eligible to

receive the payment if -

(A) the Federal property, when combined with other Federal

property in the school district served by the local educational

agency acquired by the Federal Government after October 30,

2000, meets the requirements of subsection (a) of this section;

and

(B) the local educational agency submits an application for a

payment under this section not later than 5 years after the

date of acquisition of the Federal property acquired after

October 30, 2000.

(3) New Federal property

A local educational agency that is eligible to receive a

payment under this section for Federal property acquired by the

Federal Government after October 30, 2000, shall be eligible to

receive the payment only if the local educational agency submits

an application for a payment under this section not later than 5

years after the date of acquisition.

(n) Loss of eligibility

(1) In general

Notwithstanding any other provision of this section, the

Secretary shall make a minimum payment to a local educational

agency described in paragraph (2), for the first fiscal year that

the agency loses eligibility for assistance under this section as

a result of property located within the school district served by

the agency failing to meet the definition of Federal property

under section 7713(5)(C)(iii) of this title, in an amount equal

to 90 percent of the amount received by the agency under this

section for the preceding year.

(2) Local educational agency described

A local educational agency described in this paragraph is an

agency that -

(A) was eligible for, and received, a payment under this

section for fiscal year 2002; and

(B) beginning in fiscal year 2003 or a subsequent fiscal

year, is no longer eligible for payments under this section as

provided for in subsection (a)(1)(C) of this section as a

result of the transfer of the Federal property involved to a

non-Federal entity.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8002, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3749; amended Pub. L.

104-195, Sec. 1, 6, Sept. 16, 1996, 110 Stat. 2379, 2382; Pub. L.

105-18, title VI, Sec. 60004, 60006, June 12, 1997, 111 Stat. 214,

215; Pub. L. 105-78, title III, Nov. 13, 1997, 111 Stat. 1498; Pub.

L. 105-277, div. A, Sec. 101(f) (title III), Oct. 21, 1998, 112

Stat. 2681-337, 2681-365; Pub. L. 106-113, div. B, Sec. 1000(a)(4)

(title III), Nov. 29, 1999, 113 Stat. 1535, 1501A-247; Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1803), Oct. 30, 2000,

114 Stat. 1654, 1654A-369; Pub. L. 107-110, title VIII, Sec.

801(a)-(e), Jan. 8, 2002, 115 Stat. 1947, 1948.)

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Act of September 30, 1950 and section 2 of

Public Law 81-874, referred to in subsecs. (f)(1), (g)(2),

(h)(1)(A), (B), and (k)(2), means section 2 of act Sept. 30, 1950,

ch. 1124, which was classified to section 237 of this title prior

to repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct. 20,

1994, 108 Stat. 3965.

-MISC2-

PRIOR PROVISIONS

A prior section 8002 of Pub. L. 89-10 was renumbered section 9002

and was classified to section 3382 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (h)(1)(A). Pub. L. 107-110, Sec. 801(a)(1),

substituted ''and that filed, or has been determined pursuant to

statute to have filed a timely application, and met, or has been

determined pursuant to statute to meet, the eligibility

requirements of section 2(a)(1)(C) of the Act of September 30,

1950'' for ''and was eligible to receive a payment under section 2

of the Act of September 30, 1950''.

Subsec. (h)(1)(B). Pub. L. 107-110, Sec. 801(a)(2), substituted

''(or if the local educational agency did not meet, or has not been

determined pursuant to statute to meet, the eligibility

requirements of section 2(a)(1)(C) of the Act of September 30, 1950

for fiscal year 1994'' for ''(or if the local educational agency

was not eligible to receive a payment under such section 2 for

fiscal year 1994''.

Subsec. (h)(2)(A). Pub. L. 107-110, Sec. 801(b)(1), inserted

before period at end '', or whose application under this section

for fiscal year 1995 was determined pursuant to statute to be

timely filed for purposes of payments for subsequent fiscal

years''.

Subsec. (h)(2)(B)(ii). Pub. L. 107-110, Sec. 801(b)(2),

substituted ''for each local educational agency described in

subparagraph (A)'' for ''for each local educational agency that

received a payment under this section for fiscal year 1995''.

Subsec. (h)(4)(B). Pub. L. 107-110, Sec. 801(c), substituted

''(by dividing the maximum amount that the agency is eligible to

receive under subsection (b) of this section by the total of the

maximum amounts for all such agencies)'' for ''(in the same manner

as percentage shares are determined for local educational agencies

under paragraph (2)(B)(ii))'' and '', except that, for the purpose

of calculating a local educational agency's maximum amount under

subsection (b) of this section'' for '', except that for the

purpose of calculating a local educational agency's assessed value

of the Federal property''.

Subsec. (j). Pub. L. 107-110, Sec. 801(d), struck out subsec. (j)

which authorized additional assistance for certain local

educational agencies impacted by Federal property acquisition.

Subsec. (n). Pub. L. 107-110, Sec. 801(e), added subsec. (n).

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1803(a)), substituted ''2003'' for ''1999'' in

introductory provisions.

Subsec. (b)(1)(A)(i). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1803(b)(1)), designated existing provisions as subcl.

(I), substituted ''Subject to subclauses (II) and (III), the

amount'' for ''The amount'', struck out '', except that such amount

shall be reduced by the Secretary by an amount equal to the amount

of revenue, if any, that such agency received during the previous

fiscal year from activities conducted on such Federal property''

after ''in accordance with paragraph (2)'', and added subcls. (II)

and (III).

Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1803(b)(2)), substituted ''shall calculate the payment

for each eligible local educational agency in accordance with

subsection (h) of this section'' for ''shall ratably reduce the

payment to each eligible local educational agency''.

Subsec. (b)(1)(C). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1803(b)(3)), inserted before period at end '', or the

maximum amount that such agency is eligible to receive for such

fiscal year under this section, whichever is greater''.

Subsec. (h). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1803(c)), amended heading and text generally. Prior to amendment,

subsec. (h) required the Secretary to pay under subsec. (b) of this

section to eligible local education agencies certain minimum

amounts for fiscal years 1995 to 2000.

Subsec. (i). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1803(d)(2)), substituted ''Special'' for ''Priority'' in heading.

Subsec. (i)(1). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1803(d)(1)), amended heading and text of par. (1) generally.

Prior to amendment, text read as follows: ''Notwithstanding

subsection (b)(1)(B) of this section, and for any fiscal year

beginning with fiscal year 1997 for which the amount appropriated

to carry out this section exceeds the amount so appropriated for

fiscal year 1996 -

''(A) the Secretary shall first use the excess amount (not to

exceed the amount equal to the difference of (i) the amount

appropriated to carry out this section for fiscal year 1997, and

(ii) the amount appropriated to carry out this section for fiscal

year 1996) to increase the payment that would otherwise be made

under this section to not more than 50 percent of the maximum

amount determined under subsection (b) of this section for any

local educational agency described in paragraph (2); and

''(B) the Secretary shall use the remainder of the excess

amount to increase the payments to each eligible local

educational agency under this section.''

Subsec. (j)(2). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1803(e)), struck out ''(A)'' before ''A local educational

agency'', redesignated cls. (i) to (v) as subpars. (A) to (E),

respectively, and inserted ''and, at the time at which the agency

is applying for a payment under this subsection, the agency does

not have a military installation located within its geographic

boundaries'' before the semicolon at the end of subpar. (C).

Subsec. (l). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1803(f)), added subsec. (l).

Subsec. (m). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1803(g)), added subsec. (m).

1999 - Subsec. (f)(3) to (5). Pub. L. 106-113 added pars. (3) to

(5).

1998 - Subsec. (f). Pub. L. 105-277 designated existing

provisions as par. (1) and added par. (2).

Subsec. (k). Pub. L. 105-277 added subsec. (k).

1997 - Subsec. (h)(1)(C). Pub. L. 105-18, Sec. 60004, added

subpar. (C).

Subsec. (i). Pub. L. 105-18, Sec. 60006, amended heading and text

of subsec. (i) generally. Prior to amendment, text read as

follows: ''Notwithstanding subsection (b)(1)(B) of this section,

and for any fiscal year beginning with fiscal year 1997 for which

the amount appropriated to carry out this section exceeds the

amount so appropriated for fiscal year 1996, the Secretary shall

first use such excess amount to increase the payment that would

otherwise be made under this section to not more than 50 percent of

the maximum amount determined under subsection (b) of this section

for any local educational agency that -

''(1) received a payment under this section for fiscal year

1996;

''(2) serves a school district that contains all or a portion

of a United States military academy;

''(3) serves a school district in which the local tax assessor

has certified that at least 60 percent of the real property is

federally owned; and

''(4) demonstrates to the satisfaction of the Secretary that

such agency's per-pupil revenue derived from local sources for

current expenditures is not less than that revenue for the

preceding fiscal year.''

Subsec. (j). Pub. L. 105-78 added subsec. (j).

1996 - Subsecs. (g), (h). Pub. L. 104-195, Sec. 1, added subsecs.

(g) and (h).

Subsec. (i). Pub. L. 104-195, Sec. 6, added subsec. (i).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and

effective with respect to appropriations for use under this

subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110,

set out as an Effective Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7281, 7281a, 7281b, 7703,

7705, 7707, 7709, 7714 of this title.

-CITE-

20 USC Sec. 7703 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7703. Payments for eligible federally connected children

-STATUTE-

(a) Computation of payment

(1) In general

For the purpose of computing the amount that a local

educational agency is eligible to receive under subsection (b) or

(d) of this section for any fiscal year, the Secretary shall

determine the number of children who were in average daily

attendance in the schools of such agency, and for whom such

agency provided free public education, during the preceding

school year and who, while in attendance at such schools -

(A)(i) resided on Federal property with a parent employed on

Federal property situated in whole or in part within the

boundaries of the school district of such agency; or

(ii) resided on Federal property with a parent who is an

official of, and accredited by, a foreign government and is a

foreign military officer;

(B) resided on Federal property and had a parent on active

duty in the uniformed services (as defined in section 101 of

title 37);

(C) resided on Indian lands;

(D)(i) had a parent on active duty in the uniformed services

(as defined by section 101 of title 37) but did not reside on

Federal property; or

(ii) had a parent who is an official of, and has been

accredited by, a foreign government and is a foreign military

officer but did not reside on Federal property;

(E) resided in low-rent housing;

(F) resided on Federal property and is not described in

subparagraph (A) or (B); or

(G) resided with a parent employed on Federal property

situated -

(i) in whole or in part in the county in which such agency

is located, or in whole or in part in such agency if such

agency is located in more than one county; or

(ii) if not in such county, in whole or in part in the same

State as such agency.

(2) Determination of weighted student units

For the purpose of computing the basic support payment under

subsection (b) of this section, the Secretary shall calculate the

total number of weighted student units for a local educational

agency by adding together the results obtained by the following

computations:

(A) Multiply the number of children described in

subparagraphs (A) and (B) of paragraph (1) by a factor of 1.0.

(B) Multiply the number of children described in paragraph

(1)(C) by a factor of 1.25.

(C) Multiply the number of children described in

subparagraphs (A) and (B) of paragraph (1) by a factor of .35

if the local educational agency has -

(i) a number of such children described in such

subparagraphs which exceeds 6,500; and

(ii) an average daily attendance for all children which

exceeds 100,000.

(D) Multiply the number of children described in subparagraph

(D) of paragraph (1) by a factor of .20.

(E) Multiply the number of children described in subparagraph

(E) of paragraph (1) by a factor of .10.

(F) Multiply the number of children described in

subparagraphs (F) and (G) of paragraph (1) by a factor of .05.

(3) Special rule

The Secretary shall only compute a payment for a local

educational agency for children described in subparagraph (F) or

(G) of paragraph (1) if the number of such children equals or

exceeds 1,000 or such number equals or exceeds 10 percent of the

total number of students in average daily attendance in the

schools of such agency.

(4) Military installation and Indian housing undergoing

renovation or rebuilding

(A) In general

(i) For purposes of computing the amount of a payment for a

local educational agency for children described in paragraph

(1)(D)(i), the Secretary shall consider such children to be

children described in paragraph (1)(B) if the Secretary

determines, on the basis of a certification provided to the

Secretary by a designated representative of the Secretary of

Defense, that such children would have resided in housing on

Federal property in accordance with paragraph (1)(B) except

that such housing was undergoing renovation or rebuilding on

the date for which the Secretary determines the number of

children under paragraph (1).

(ii) For purposes of computing the amount of a payment for a

local educational agency that received a payment for children

that resided on Indian lands in accordance with paragraph

(1)(C) for the fiscal year prior to the fiscal year for which

the local educational agency is making an application, the

Secretary shall consider such children to be children described

in paragraph (1)(C) if the Secretary determines, on the basis

of a certification provided to the Secretary by a designated

representative of the Secretary of the Interior or the

Secretary of Housing and Urban Development, that such children

would have resided in housing on Indian lands in accordance

with paragraph (1)(C) except that such housing was undergoing

renovation or rebuilding on the date for which the Secretary

determines the number of children under paragraph (1).

(B) Limitations

(i)(I) Children described in paragraph (1)(D)(i) may be

deemed to be children described in paragraph (1)(B) with

respect to housing on Federal property undergoing renovation or

rebuilding in accordance with subparagraph (A)(i) for a period

not to exceed 3 fiscal years.

(II) The number of children described in paragraph (1)(D)(i)

who are deemed to be children described in paragraph (1)(B)

with respect to housing on Federal property undergoing

renovation or rebuilding in accordance with subparagraph (A)(i)

for any fiscal year may not exceed the maximum number of

children who are expected to occupy that housing upon

completion of the renovation or rebuilding.

(ii)(I) Children that resided on Indian lands in accordance

with paragraph (1)(C) for the fiscal year prior to the fiscal

year for which the local educational agency is making an

application may be deemed to be children described in paragraph

(1)(C) with respect to housing on Indian lands undergoing

renovation or rebuilding in accordance with subparagraph

(A)(ii) for a period not to exceed 3 fiscal years.

(II) The number of children that resided on Indian lands in

accordance with paragraph (1)(C) for the fiscal year prior to

the fiscal year for which the local educational agency is

making an application who are deemed to be children described

in paragraph (1)(C) with respect to housing on Indian lands

undergoing renovation or rebuilding in accordance with

subparagraph (A)(ii) for any fiscal year may not exceed the

maximum number of children who are expected to occupy that

housing upon completion of the renovation or rebuilding.

(5) Military ''Build to Lease'' program housing

(A) In general

For purposes of computing the amount of payment for a local

educational agency for children identified under paragraph (1),

the Secretary shall consider children residing in housing

initially acquired or constructed under the former section

2828(g) of title 10 (commonly known as the ''Build to Lease''

program), as added by section 801 of the Military Construction

Authorization Act, 1984, to be children described under

paragraph (1)(B) if the property described is within the fenced

security perimeter of the military facility upon which such

housing is situated.

(B) Additional requirements

If the property described in subparagraph (A) is not owned by

the Federal Government, is subject to taxation by a State or

political subdivision of a State, and thereby generates

revenues for a local educational agency that is applying to

receive a payment under this section, then the Secretary -

(i) shall require the local educational agency to provide

certification from an appropriate official of the Department

of Defense that the property is being used to provide

military housing; and

(ii) shall reduce the amount of the payment under this

section by an amount equal to the amount of revenue from such

taxation received in the second preceding fiscal year by such

local educational agency, unless the amount of such revenue

was taken into account by the State for such second preceding

fiscal year and already resulted in a reduction in the amount

of State aid paid to such local educational agency.

(b) Basic support payments; insufficient appropriations; State with

only one local educational agency

(1) Basic support payments

(A) In general

From the amount appropriated under section 7714(b) of this

title for a fiscal year, the Secretary is authorized to make

basic support payments to eligible local educational agencies

with children described in subsection (a) of this section.

(B) Eligibility

A local educational agency is eligible to receive a basic

support payment under subparagraph (A) for a fiscal year with

respect to a number of children determined under subsection

(a)(1) of this section only if the number of children so

determined with respect to such agency amounts to the lesser of

-

(i) at least 400 such children; or

(ii) a number of such children which equals at least 3

percent of the total number of children who were in average

daily attendance, during such year, at the schools of such

agency and for whom such agency provided free public

education.

(C) Maximum amount

The maximum amount that a local educational agency is

eligible to receive under this paragraph for any fiscal year is

the sum of the total weighted student units, as computed under

subsection (a)(2) of this section, multiplied by the greater of

-

(i) one-half of the average per-pupil expenditure of the

State in which the local educational agency is located for

the third fiscal year preceding the fiscal year for which the

determination is made;

(ii) one-half of the average per-pupil expenditure of all

of the States for the third fiscal year preceding the fiscal

year for which the determination is made;

(iii) the comparable local contribution rate certified by

the State, as determined under regulations prescribed to

carry out the Act of September 30, 1950 (Public Law 874, 81st

Congress), as such regulations were in effect on January 1,

1994; or

(iv) the average per-pupil expenditure of the State in

which the local educational agency is located, multiplied by

the local contribution percentage.

(D) Data

If satisfactory data from the third preceding fiscal year are

not available for any of the expenditures described in clause

(i) or (ii) of subparagraph (C), the Secretary shall use data

from the most recent fiscal year for which data that are

satisfactory to the Secretary are available.

(E) Special rule

For purposes of determining the comparable local contribution

rate under subparagraph (C)(iii) for a local educational agency

described in section 222.39(c)(3) of title 34, Code of Federal

Regulations, that had its comparable local contribution rate

for fiscal year 1998 calculated pursuant to section 222.39 of

title 34, Code of Federal Regulations, the Secretary shall

determine such comparable local contribution rate as the rate

upon which payments under this subsection for fiscal year 2000

were made to the local educational agency adjusted by the

percentage increase or decrease in the per pupil expenditure in

the State serving the local educational agency calculated on

the basis of the second most recent preceding school year

compared to the third most recent preceding school year for

which school year data are available.

(F) Increase in local contribution rate due to unusual

geographic factors

If the current expenditures in those local educational

agencies which the Secretary has determined to be generally

comparable to the local educational agency for which a

computation is made under subparagraph (C) are not reasonably

comparable because of unusual geographical factors which affect

the current expenditures necessary to maintain, in such agency,

a level of education equivalent to that maintained in such

other agencies, then the Secretary shall increase the local

contribution rate for such agency under subparagraph (C)(iii)

by such an amount which the Secretary determines will

compensate such agency for the increase in current expenditures

necessitated by such unusual geographical factors. The amount

of any such supplementary payment may not exceed the per-pupil

share (computed with regard to all children in average daily

attendance), as determined by the Secretary, of the increased

current expenditures necessitated by such unusual geographic

factors.

(G) Beginning with fiscal year 2002, for the purpose of

calculating a payment under this paragraph for a local

educational agency whose local contribution rate was computed

under subparagraph (C)(iii) for the previous year, the

Secretary shall use a local contribution rate that is not less

than 95 percent of the rate that the LEA received for the

preceding year.

(2) Basic support payments for heavily impacted local educational

agencies

(A) In general

(i) From the amount appropriated under section 7714(b) of

this title for a fiscal year, the Secretary is authorized to

make basic support payments to eligible heavily impacted local

educational agencies with children described in subsection (a)

of this section.

(ii) A local educational agency that receives a basic support

payment under this paragraph for a fiscal year shall not be

eligible to receive a basic support payment under paragraph (1)

for that fiscal year.

(B) Eligibility for continuing heavily impacted local

educational agencies

(i) In general

A heavily impacted local educational agency is eligible to

receive a basic support payment under subparagraph (A) with

respect to a number of children determined under subsection

(a)(1) of this section if the agency -

(I) received an additional assistance payment under

subsection (f) of this section (as such subsection was in

effect on the day before October 30, 2000) for fiscal year

2000; and

(II)(aa) is a local educational agency whose boundaries

are the same as a Federal military installation;

(bb) has an enrollment of children described in

subsection (a)(1) of this section that constitutes a

percentage of the total student enrollment of the agency

which is not less than 35 percent, has a per-pupil

expenditure that is less than the average per-pupil

expenditure of the State in which the agency is located or

the average per-pupil expenditure of all States (whichever

average per-pupil expenditure is greater), except that a

local educational agency with a total student enrollment of

less than 350 students shall be deemed to have satisfied

such per-pupil expenditure requirement, and has a tax rate

for general fund purposes which is not less than 95 percent

of the average tax rate for general fund purposes of local

educational agencies in the State;

(cc) has an enrollment of children described in

subsection (a)(1) of this section that constitutes a

percentage of the total student enrollment of the agency

which is not less than 30 percent, and has a tax rate for

general fund purposes which is not less than 125 percent of

the average tax rate for general fund purposes for

comparable local educational agencies in the State;

(dd) has a total student enrollment of not less than

25,000 students, of which not less than 50 percent are

children described in subsection (a)(1) of this section and

not less than 6,000 of such children are children described

in subparagraphs (A) and (B) of subsection (a)(1) of this

section; or

(ee) meets the requirements of subsection (f)(2) of this

section applying the data requirements of subsection (f)(4)

of this section (as such subsections were in effect on the

day before October 30, 2000).

(ii) Loss of eligibility

A heavily impacted local educational agency that met the

requirements of clause (i) for a fiscal year shall be

ineligible to receive a basic support payment under

subparagraph (A) if the agency fails to meet the requirements

of clause (i) for a subsequent fiscal year, except that such

agency shall continue to receive a basic support payment

under this paragraph for the fiscal year for which the

ineligibility determination is made.

(iii) Resumption of eligibility

A heavily impacted local educational agency described in

clause (i) that becomes ineligible under such clause for 1 or

more fiscal years may resume eligibility for a basic support

payment under this paragraph for a subsequent fiscal year

only if the agency meets the requirements of clause (i) for

that subsequent fiscal year, except that such agency shall

not receive a basic support payment under this paragraph

until the fiscal year succeeding the fiscal year for which

the eligibility determination is made.

(C) Eligibility for new heavily impacted local educational

agencies

(i) In general

A heavily impacted local educational agency that did not

receive an additional assistance payment under subsection (f)

of this section (as such subsection was in effect on the day

before October 30, 2000) for fiscal year 2000 is eligible to

receive a basic support payment under subparagraph (A) for

fiscal year 2002 and any subsequent fiscal year with respect

to a number of children determined under subsection (a)(1) of

this section only if the agency is a local educational agency

whose boundaries are the same as a Federal military

installation (or if the agency is a qualified local

educational agency as described in clause (iv)), or the

agency -

(I) has an enrollment of children described in subsection

(a)(1) of this section that constitutes a percentage of the

total student enrollment of the agency that -

(aa) is not less than 50 percent if such agency

receives a payment on behalf of children described in

subparagraphs (F) and (G) of such subsection; or

(bb) is not less than 40 percent if such agency does

not receive a payment on behalf of such children;

(II)(aa) for a local educational agency that has a total

student enrollment of 350 or more students, has a per-pupil

expenditure that is less than the average per-pupil

expenditure of the State in which the agency is located; or

(bb) for a local educational agency that has a total

student enrollment of less than 350 students, has a

per-pupil expenditure that is less than the average

per-pupil expenditure of a comparable local education

agency or three comparable local educational agencies in

the State in which the local educational agency is located;

and

(III) has a tax rate for general fund purposes that is at

least 95 percent of the average tax rate for general fund

purposes of comparable local educational agencies in the

State.

(ii) Resumption of eligibility

A heavily impacted local educational agency described in

clause (i) that becomes ineligible under such clause for 1 or

more fiscal years may resume eligibility for a basic support

payment under this paragraph for a subsequent fiscal year

only if the agency is a local educational agency whose

boundaries are the same as a Federal military installation

(or if the agency is a qualified local educational agency as

described in clause (iv)), or meets the requirements of

clause (i), for that subsequent fiscal year, except that such

agency shall continue to receive a basic support payment

under this paragraph for the fiscal year for which the

ineligibility determination is made.

(iii) Application

With respect to the first fiscal year for which a heavily

impacted local educational agency described in clause (i)

applies for a basic support payment under subparagraph (A),

or with respect to the first fiscal year for which a heavily

impacted local educational agency applies for a basic support

payment under subparagraph (A) after becoming ineligible

under clause (i) for 1 or more preceding fiscal years, the

agency shall apply for such payment at least 1 year prior to

the start of that first fiscal year.

(iv) Qualified local educational agency

A qualified local educational agency described in this

clause is an agency that meets the following requirements:

(I) The boundaries of the agency are the same as island

property designated by the Secretary of the Interior to be

property that is held in trust by the Federal Government.

(II) The agency has no taxing authority.

(III) The agency received a payment under paragraph (1)

for fiscal year 2001.

(D) Maximum amount for regular heavily impacted local

educational agencies

(i) Except as provided in subparagraph (E), the maximum

amount that a heavily impacted local educational agency is

eligible to receive under this paragraph for any fiscal year is

the sum of the total weighted student units, as computed under

subsection (a)(2) of this section and subject to clause (ii),

multiplied by the greater of -

(I) four-fifths of the average per-pupil expenditure of the

State in which the local educational agency is located for

the third fiscal year preceding the fiscal year for which the

determination is made; or

(II) four-fifths of the average per-pupil expenditure of

all of the States for the third fiscal year preceding the

fiscal year for which the determination is made.

(ii)(I) For a local educational agency with respect to which

35 percent or more of the total student enrollment of the

schools of the agency are children described in subparagraph

(D) or (E) (or a combination thereof) of subsection (a)(1) of

this section, the Secretary shall calculate the weighted

student units of such children for purposes of subsection

(a)(2) of this section by multiplying the number of such

children by a factor of 0.55.

(II) For a local educational agency that has an enrollment of

100 or fewer children described in subsection (a)(1) of this

section, the Secretary shall calculate the total number of

weighted student units for purposes of subsection (a)(2) of

this section by multiplying the number of such children by a

factor of 1.75.

(III) For a local educational agency that does not qualify

under (B)(i)(II)(aa) (FOOTNOTE 1) of this subsection and has an

enrollment of more than 100 but not more than 1,000 children

described in subsection (a)(1) of this section, the Secretary

shall calculate the total number of weighted student units for

purposes of subsection (a)(2) of this section by multiplying

the number of such children by a factor of 1.25.

(FOOTNOTE 1) So in original. Probably should be ''paragraph

(2)(B)(i)(II)(aa)''.

(E) Maximum amount for large heavily impacted local educational

agencies

(i)(I) Subject to clause (ii), the maximum amount that a

heavily impacted local educational agency described in

subclause (II) is eligible to receive under this paragraph for

any fiscal year shall be determined in accordance with the

formula described in paragraph (1)(C).

(II) A heavily impacted local educational agency described in

this subclause is a local educational agency that has a total

student enrollment of not less than 25,000 students, of which

not less than 50 percent are children described in subsection

(a)(1) of this section and not less than 6,000 of such children

are children described in subparagraphs (A) and (B) of

subsection (a)(1) of this section.

(ii) For purposes of calculating the maximum amount described

in clause (i), the factor used in determining the weighted

student units under subsection (a)(2) of this section with

respect to children described in subparagraphs (A) and (B) of

subsection (a)(1) of this section shall be 1.35.

(F) Data

For purposes of providing assistance under this paragraph the

Secretary -

(i) shall use student, revenue, expenditure, and tax data

from the third fiscal year preceding the fiscal year for

which the local educational agency is applying for assistance

under this paragraph; and

(ii) except as provided in subparagraph (C)(i)(I), shall

include all of the children described in subparagraphs (F)

and (G) of subsection (a)(1) of this section enrolled in

schools of the local educational agency in determining (I)

the eligibility of the agency for assistance under this

paragraph, and (II) the amount of such assistance if the

number of such children meet the requirements of subsection

(a)(3) of this section.

(G) Determination of average tax rates for general fund

purposes

For the purpose of determining average tax rates for general

fund purposes for local educational agencies in a State under

this paragraph (except under subparagraph (C)(i)(II)(bb)), the

Secretary shall use either -

(i) the average tax rate for general fund purposes for

comparable local educational agencies, as determined by the

Secretary in regulations; or

(ii) the average tax rate of all the local educational

agencies in the State.

(H) Eligibility for heavily impacted local educational agencies

affected by privatization of military housing

(i) Eligibility

For any fiscal year beginning with fiscal year 2003, a

heavily impacted local educational agency that received a

basic support payment under subparagraph (A) for the prior

fiscal year, but is ineligible for such payment for the

current fiscal year under subparagraph (B) or (C), as the

case may be, by reason of the conversion of military housing

units to private housing described in clause (iii), shall be

deemed to meet the eligibility requirements under

subparagraph (B) or (C), as the case may be, for the period

during which the housing units are undergoing such

conversion.

(ii) Amount of payment

The amount of a payment to a heavily impacted local

educational agency for a fiscal year by reason of the

application of clause (i), and calculated in accordance with

subparagraph (D) or (E) (as the case may be), shall be based

on the number of children in average daily attendance in the

schools of such agency for the fiscal year.

(iii) Conversion of military housing units to private housing

described

For purposes of clause (i), ''conversion of military

housing units to private housing'' means the conversion of

military housing units to private housing units pursuant to

subchapter IV of chapter 169 of title 10 or pursuant to any

other related provision of law.

(3) Payments with respect to fiscal years in which insufficient

funds are appropriated

(A) In general

For any fiscal year in which the sums appropriated under

section 7714(b) of this title are insufficient to pay to each

local educational agency the full amount computed under

paragraphs (1) and (2), the Secretary shall make payments in

accordance with this paragraph.

(B) Learning opportunity threshold payments in lieu of payments

under paragraph (1)

(i) For fiscal years described in subparagraph (A), the

Secretary shall compute a learning opportunity threshold

payment (hereafter in this subchapter referred to as the

''threshold payment'') in lieu of basic support payments under

paragraph (1) by multiplying the amount obtained under

paragraph (1)(C) by the total percentage obtained by adding -

(I) the percentage of federally connected children for each

local educational agency determined by calculating the

fraction, the numerator of which is the total number of

children described under subsection (a)(1) of this section

and the denominator of which is the total number of children

in average daily attendance at the schools served by such

agency; and

(II) the percentage that funds under paragraph (1)(C)

represent of the total budget of the local educational

agency, determined by calculating the fraction, the numerator

of which is the total amount of funds calculated for each

local educational agency under this paragraph, and the

denominator of which is the total current expenditures for

such agency in the second preceding fiscal year for which the

determination is made.

(ii) Such total percentage used to calculate threshold

payments under paragraph (1) shall not exceed 100.

(iii) For the purpose of determining the percentages

described in subclauses (I) and (II) of clause (i) that are

applicable to the local educational agency providing free

public education to students in grades 9 through 12 residing on

Hanscom Air Force Base, Massachusetts, the Secretary shall

consider only that portion of such agency's total enrollment of

students in grades 9 through 12 when calculating the percentage

under such subclause (I) and only that portion of the total

current expenditures attributed to the operation of grades 9

through 12 in such agency when calculating the percentage under

subclause (II).

(iv) In the case of a local educational agency that has a

total student enrollment of fewer than 1,000 students and that

has a per-pupil expenditure that is less than the average

per-pupil expenditure of the State in which the agency is

located or less than the average per-pupil expenditure of all

the States, the total percentage used to calculate threshold

payments under clause (i) shall not be less than 40 percent.

(C) Learning opportunity threshold payments in lieu of payments

under paragraph (2)

For fiscal years described in subparagraph (A), the learning

opportunity threshold payment in lieu of basic support payments

under paragraph (2) shall be equal to the amount obtained under

subparagraph (D) or (E) of paragraph (2), as the case may be.

(D) Ratable distribution

For fiscal years described in subparagraph (A), the Secretary

shall make payments as a ratable distribution based upon the

computations made under subparagraphs (B) and (C).

(4) States with only one local educational agency

(A) In general

In any of the 50 States of the United States in which there

is only one local educational agency, the Secretary shall, for

purposes of subparagraphs (B) and (C) of paragraph (1) or

subparagraphs (B) through (D) of paragraph (2), as the case may

be, paragraph (3) of this subsection, and subsection (e) of

this section, consider each administrative school district in

the State to be a separate local educational agency.

(B) Computation of maximum amount of basic support payment and

threshold payment

In computing the maximum payment amount under paragraph

(1)(C) or subparagraph (D) or (E) of paragraph (2), as the case

may be, and the learning opportunity threshold payment under

subparagraph (B) or (C) of paragraph (3), as the case may be,

for an administrative school district described in subparagraph

(A) -

(i) the Secretary shall first determine the maximum payment

amount and the total current expenditures for the State as a

whole; and

(ii) the Secretary shall then -

(I) proportionately allocate such maximum payment amount

among the administrative school districts on the basis of

the respective weighted student units of such districts;

and

(II) proportionately allocate such total current

expenditures among the administrative school districts on

the basis of the respective number of students in average

daily attendance at such districts.

(5) Local educational agencies affected by removal of Federal

property

(A) In general

In computing the amount of a basic support payment under this

subsection for a fiscal year for a local educational agency

described in subparagraph (B), the Secretary shall meet the

additional requirements described in subparagraph (C).

(B) Local educational agency described

A local educational agency described in this subparagraph is

a local educational agency with respect to which Federal

property (i) located within the boundaries of the agency, and

(ii) on which one or more children reside who are receiving a

free public education at a school of the agency, is transferred

by the Federal Government to another entity in any fiscal year

beginning on or after October 30, 2000, so that the property is

subject to taxation by the State or a political subdivision of

the State.

(C) Additional requirements

The additional requirements described in this subparagraph

are the following:

(i) For each fiscal year beginning after the date on which

the Federal property is transferred, a child described in

subparagraph (B) who continues to reside on such property and

who continues to receive a free public education at a school

of the agency shall be deemed to be a child who resides on

Federal property for purposes of computing under the

applicable subparagraph of subsection (a)(1) of this section

the amount that the agency is eligible to receive under this

subsection.

(ii)(I) For the third fiscal year beginning after the date

on which the Federal property is transferred, and for each

fiscal year thereafter, the Secretary shall, after computing

the amount that the agency is otherwise eligible to receive

under this subsection for the fiscal year involved, deduct

from such amount an amount equal to the revenue received by

the agency for the immediately preceding fiscal year as a

result of the taxable status of the former Federal property.

(II) For purposes of determining the amount of revenue to

be deducted in accordance with subclause (I), the local

educational agency -

(aa) shall provide for a review and certification of such

amount by an appropriate local tax authority; and

(bb) shall submit to the Secretary a report containing

the amount certified under item (aa).

(c) Prior year data

(1) In general

Except as provided in subsections (b)(1)(D), (b)(2), and

paragraph (2), all calculations under this section shall be based

on data for each local educational agency from not later than the

fiscal year preceding the fiscal year for which the agency is

making application for payment.

(2) Exception

Calculations for a local educational agency that is newly

established by a State shall, for the first year of operation of

such agency, be based on data from the fiscal year for which the

agency is making application for payment.

(d) Children with disabilities

(1) In general

From the amount appropriated under section 7714(c) of this

title for a fiscal year, the Secretary shall pay to each eligible

local educational agency, on a pro rata basis, the amounts

determined by -

(A) multiplying the number of children described in

subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) of this

section who are eligible to receive services under the

Individuals with Disabilities Education Act (20 U.S.C. 1400 et

seq.) by a factor of 1.0; and

(B) multiplying the number of children described in

subparagraph (D) of subsection (a)(1) of this section who are

eligible to receive services under such Act by a factor of 0.5.

(2) Use of funds

A local educational agency that receives funds under paragraph

(1) shall use such funds to provide a free appropriate public

education to children described in paragraph (1) in accordance

with the Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.).

(e) Hold harmless

(1) In general

Subject to paragraphs (2) and (3), the total amount the

Secretary shall pay a local educational agency under subsection

(b) of this section -

(A) for fiscal year 2001 shall not be less than 85 percent of

the total amount that the local educational agency received

under subsections (b) and (f) of this section for fiscal year

2000; and

(B) for fiscal year 2002 shall not be less than 70 percent of

the total amount that the local educational agency received

under subsections (b) and (f) of this section for fiscal year

2000.

(2) Maximum amount

The total amount provided to a local educational agency under

subparagraph (A) or (B) of paragraph (1) for a fiscal year shall

not exceed the maximum basic support payment amount for such

agency determined under paragraph (1) or (2) of subsection (b) of

this section, as the case may be.

(3) Ratable reductions

(A) In general

If the sums made available under this subchapter for any

fiscal year are insufficient to pay the full amounts that all

local educational agencies in all States are eligible to

receive under paragraph (1) for such year, then the Secretary

shall ratably reduce the payments to all such agencies for such

year.

(B) Additional funds

If additional funds become available for making payments

under paragraph (1) for such fiscal year, payments that were

reduced under subparagraph (A) shall be increased on the same

basis as such payments were reduced.

(f) Other funds

Notwithstanding any other provision of law, a local educational

agency receiving funds under this section may also receive funds

under section 386 of the National Defense Authorization Act for

Fiscal Year 1993 or such section's successor authority.

(g) Maintenance of effort

A local educational agency may receive funds under subsection (b)

of this section and section 7702 of this title for any fiscal year

only if the State educational agency finds that either the combined

fiscal effort per student or the aggregate expenditures of that

agency and the State with respect to the provision of free public

education by that agency for the preceding fiscal year was not less

than 90 percent of such combined fiscal effort or aggregate

expenditures for the second preceding fiscal year.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8003, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3752; amended Pub. L.

104-106, div. A, title X, Sec. 1074(f), (g), Feb. 10, 1996, 110

Stat. 448, 449; Pub. L. 104-195, Sec. 3(a), 4(a), 5(a), (b), Sept.

16, 1996, 110 Stat. 2380-2382; Pub. L. 104-201, div. A, title III,

Sec. 376, Sept. 23, 1996, 110 Stat. 2503; Pub. L. 104-208, div. A,

title I, Sec. 101(e) (title III, Sec. 307(a)), Sept. 30, 1996, 110

Stat. 3009-233, 3009-262; Pub. L. 105-18, title VI, Sec. 60005(a),

June 12, 1997, 111 Stat. 214; Pub. L. 105-78, title III, Nov. 13,

1997, 111 Stat. 1497; Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1804(a), (b)(1), (c), 1805-1808(b)(1)), Oct. 30, 2000,

114 Stat. 1654, 1654A-372, 1654A-374 to 1654A-382; Pub. L. 106-554,

Sec. 1(a)(1) (title III, Sec. 323), Dec. 21, 2000, 114 Stat. 2763,

2763A-61; Pub. L. 107-20, title II, Sec. 2703(a), July 24, 2001,

115 Stat. 182; Pub. L. 107-110, title VIII, Sec. 802(a)(1), Jan. 8,

2002, 115 Stat. 1949; Pub. L. 107-206, title I, Sec. 801, 802, Aug.

2, 2002, 116 Stat. 874; Pub. L. 107-279, title IV, Sec. 406(a),

Nov. 5, 2002, 116 Stat. 1986; Pub. L. 107-314, div. A, title III,

Sec. 344, Dec. 2, 2002, 116 Stat. 2515.)

-REFTEXT-

REFERENCES IN TEXT

Section 2828(g) of title 10 (commonly known as the ''Build to

Lease'' program), as added by section 801 of the Military

Construction Authorization Act, 1984, referred to in subsec.

(a)(5)(A), means the subsection (g) added to section 2828 of Title

10, Armed Forces, by section 801 of Pub. L. 98-115, which was

repealed by Pub. L. 102-190, div. B, title XXVIII, Sec. 2806(b),

Dec. 5, 1991, 105 Stat. 1540.

Act of September 30, 1950, referred to in subsec. (b)(1)(C)(iii),

is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, which

was classified generally to chapter 13 (Sec. 236 et seq.) of this

title, prior to repeal by Pub. L. 103-382, title III, Sec. 331(b),

Oct. 20, 1994, 108 Stat. 3965. For complete classification of this

Act to the Code, see Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (d), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended, which is classified generally to chapter 33 (Sec.

1400 et seq.) of this title. For complete classification of this

Act to the Code, see section 1400 of this title and Tables.

Section 386 of the National Defense Authorization Act for Fiscal

Year 1993, referred to in subsec. (f), is section 386 of Pub. L.

102-484, which is set out as a note below.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 238 of this title prior to repeal by Pub. L. 103-382, Sec.

331(b).

A prior section 8003 of Pub. L. 89-10 was renumbered section 9003

and was classified to section 3383 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

AMENDMENTS

2002 - Subsec. (b)(1)(G). Pub. L. 107-206, Sec. 802, added

subpar. (G).

Subsec. (b)(2)(C)(i). Pub. L. 107-110, Sec. 802(a)(1)(A),

inserted ''(or if the agency is a qualified local educational

agency as described in clause (iv))'' after ''Federal military

installation'' in introductory provisions.

Subsec. (b)(2)(C)(i)(II)(bb). Pub. L. 107-279 amended item (bb)

generally. Prior to amendment, item (bb) read as follows: ''for a

local educational agency that has a total student enrollment of

less than 350 students, has a per-pupil expenditure that is less

than the average per-pupil expenditure of a comparable local

educational agency in the State in which the agency is located;

and''.

Subsec. (b)(2)(C)(ii). Pub. L. 107-110, Sec. 802(a)(1)(A),

inserted ''(or if the agency is a qualified local educational

agency as described in clause (iv))'' after ''Federal military

installation''.

Subsec. (b)(2)(C)(iv). Pub. L. 107-110, Sec. 802(a)(1)(B), added

cl. (iv).

Subsec. (b)(2)(D)(ii)(III). Pub. L. 107-206, Sec. 801, amended

subcl. (III) generally. Prior to amendment, subcl. (III) read as

follows: ''For a local educational agency that has an enrollment of

more than 100 but not more than 750 children described in

subsection (a)(1) of this section, the Secretary shall calculate

the total number of weighted student units for purposes of

subsection (a)(2) of this section by multiplying the number of such

children by a factor of 1.25.''

Subsec. (b)(2)(H). Pub. L. 107-314 added subpar. (H).

Subsec. (b)(3)(B)(iv). Pub. L. 107-20 inserted ''or less than the

average per-pupil expenditure of all the States'' after ''of the

State in which the agency is located''.

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(c)(1)), substituted ''subsection (b) or (d)'' for

''subsection (b), (d), or (f)'' in introductory provisions.

Subsec. (a)(2)(D). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1804(a)(1)(B)), substituted ''subparagraph (D) of

paragraph (1) by a factor of .20'' for ''subparagraphs (D) and (E)

of paragraph (1) by a factor of .10''.

Subsec. (a)(2)(E), (F). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1804(a)(1)(A), (C)), added subpar. (E) and redesignated

former subpar. (E) as (F).

Subsec. (a)(4). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1804(b)(1)), inserted ''and Indian'' after ''Military

installation'' and ''or rebuilding'' after ''renovation'' in par.

heading, designated existing provisions as subpar. (A)(i), inserted

subpar. (A) heading, inserted ''or rebuilding'' after ''undergoing

renovation'', added cl. (ii) to subpar. (A) and added subpar. (B).

Subsec. (a)(5). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1804(c)), added par. (5).

Subsec. (b)(1)(C). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(c)(2)(A)), substituted ''this paragraph'' for

''this subsection'' in introductory provisions.

Subsec. (b)(1)(D), (E). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1804(a)(2)), added subpars. (D) and (E).

Subsec. (b)(1)(F). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1805), added subpar. (F).

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1806(a)(2)), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(2)(F). Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.

323(a)), substituted ''the Secretary - '' for ''the Secretary'',

designated remaining provisions as cl. (i), and added cl. (ii).

Subsec. (b)(2)(G). Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.

323(b)), added subpar. (G).

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1806(a)(1)), redesignated par. (2) as (3). Former par. (3)

redesignated (4).

Subsec. (b)(3)(A). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(1)), substituted ''paragraphs (1) and (2)'' for

''paragraph (1)''.

Subsec. (b)(3)(B). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(2)(A)), inserted ''in lieu of payments under

paragraph (1)'' after ''payments'' in heading.

Subsec. (b)(3)(B)(i). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(2)(B)), inserted ''in lieu of basic support

payments under paragraph (1)'' before ''by multiplying'' in

introductory provisions and struck out ''(not including amounts

received under subsection (f) of this section)'' after ''under this

paragraph'' in subcl. (II).

Subsec. (b)(3)(B)(iv). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(2)(C)), added cl. (iv).

Subsec. (b)(3)(C). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(4)), added subpar. (C). Former subpar. (C)

redesignated (D).

Subsec. (b)(3)(D). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(b)(3), (5)), redesignated subpar. (C) as (D) and

substituted ''computations made under subparagraphs (B) and (C)''

for ''computation made under subparagraph (B)''.

Subsec. (b)(4). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1806(a)(1)), redesignated par. (3) as (4).

Subsec. (b)(4)(A). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(c)(2)(B)(i)), substituted ''subparagraphs (B) and

(C) of paragraph (1) or subparagraphs (B) through (D) of paragraph

(2), as the case may be, paragraph (3) of this subsection'' for

''paragraphs (1)(B), (1)(C), and (2) of this subsection''.

Subsec. (b)(4)(B). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1806(c)(2)(B)(ii)), in introductory provisions,

inserted ''or subparagraph (D) or (E) of paragraph (2), as the case

may be,'' after ''paragraph (1)(C)'' and substituted ''subparagraph

(B) or (C) of paragraph (3), as the case may be,'' for ''paragraph

(2)(B)''.

Subsec. (b)(5). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1807), added par. (5).

Subsec. (c)(1). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1806(c)(3)), substituted ''subsections (b)(1)(D), (b)(2), and

paragraph (2)'' for ''paragraph (2) and subsection (f) of this

section''.

Subsec. (e). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1804(a)(3)), amended heading and text of subsec. (e) generally.

Prior to amendment, subsec. (e) required the Secretary to pay local

education agencies under subsec. (b) of this section certain

minimum amounts for fiscal years 1995 to 1999.

Subsec. (f). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1806(c)(4), 1808(b)(1)), redesignated subsec. (h) as (f) and struck

out heading and text of former subsec. (f) which required the

Secretary to provide additional assistance to meet special

circumstances relating to the provision of education in local

educational agencies eligible to receive assistance under this

section.

Subsec. (g). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1808(a), (b)(1)), redesignated subsec. (i) as (g) and struck out

heading and text of former subsec. (g) which related to additional

payments for local educational agencies with high concentrations of

children with severe disabilities.

Subsec. (h). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1808(b)(1)), redesignated subsec. (h) as (f).

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1806(c)(5)),

substituted ''section 386 of the National Defense Authorization Act

for Fiscal Year 1993'' for ''section 6 of the Act of September 30,

1950 (Public Law 874, 81st Congress) (as such section was in effect

on the day preceding October 20, 1994)''.

Subsec. (i). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1808(b)(1)), redesignated subsec. (i) as (g).

1997 - Subsec. (f)(2)(A)(ii)(I). Pub. L. 105-78, which directed

the amendment of section 8003(f)(2)(ii)(I) of the Elementary and

Secondary Education Act of 1965 by substituting ''25 percent of the

total student enrollment of such agency. For purposes of this

subclause, all students described in subsection (a)(1) of this

section are used to determine eligibility, regardless of whether or

not a local educational agency receives funds for these children

from subsection (b) of this section;'' for ''35 percent'' and all

that follows through the semicolon, was executed by making the

substitution for ''35 percent of the total student enrollment of

such agency;'' in subsection (f)(2)(A)(ii)(I) of this section, to

reflect the probable intent of Congress.

Subsec. (f)(4). Pub. L. 105-18 struck out hyphen after

''Secretary'' in introductory provisions, redesignated subpar. (A)

as entire par. (4), inserted ''expenditure,'' after ''revenue,'',

substituted period for semicolon after ''assistance under this

subsection'', and struck out subpar. (B) which read as follows:

''shall derive the per pupil expenditure amount for the fiscal year

for which the local educational agency is applying for assistance

under this subsection for the local educational agency's comparable

school districts by increasing or decreasing the per pupil

expenditure data for the second fiscal year preceding the fiscal

year for which the determination is made by the same percentage

increase or decrease reflected between the per pupil expenditure

data for the fourth fiscal year preceding the fiscal year for which

the determination is made and the per pupil expenditure data for

such second year.''

1996 - Subsec. (a)(3). Pub. L. 104-201 substituted ''1,000 or

such number equals or exceeds 10 percent'' for ''2,000 and such

number equals or exceeds 15 percent''.

Subsec. (a)(4). Pub. L. 104-195, Sec. 3(a), added par. (4).

Subsec. (b)(3). Pub. L. 104-195, Sec. 4(a), added par. (3).

Subsec. (f)(2)(A). Pub. L. 104-106, Sec. 1074(f)(1)(A),

substituted ''if such agency is eligible for a supplementary

payment in accordance with subparagraph (B) or such agency'' for

''only if such agency'' in introductory provisions.

Subsec. (f)(2)(D). Pub. L. 104-106, Sec. 1074(f)(1)(B), added

subpar. (D).

Subsec. (f)(3)(A). Pub. L. 104-106, Sec. 1074(f)(2)(A)(i),

inserted ''(other than any amount received under paragraph

(2)(B))'' after ''subsection'' in introductory provisions.

Subsec. (f)(3)(A)(i). Pub. L. 104-208, Sec. 101(e) (title III,

Sec. 307(a)(1), (5)), substituted in introductory provisions, ''The

Secretary, in conjunction with the local educational agency, shall

first determine each of the following:'' for ''The Secretary shall

first determine the greater of - '' and inserted concluding

provisions.

Subsec. (f)(3)(A)(i)(I). Pub. L. 104-208, Sec. 101(e) (title III,

Sec. 307(a)(2), (3)), substituted ''The average'' for ''the

average'' before ''of the State'' and substituted period for

semicolon at end.

Pub. L. 104-106, Sec. 1074(f)(2)(A)(ii), struck out ''or the

average per-pupil expenditure of all the States'' after ''is

located''.

Subsec. (f)(3)(A)(i)(II). Pub. L. 104-208, Sec. 101(e) (title

III, Sec. 307(a)(2)), substituted ''The average'' for ''the

average''.

Pub. L. 104-208, Sec. 101(e) (title III, Sec. 307(a)(4)), which

directed substitution of period for '': or'', was executed by

making substitution for ''; or'' to reflect the probable intent of

Congress.

Subsec. (f)(3)(A)(i)(III). Pub. L. 104-208, Sec. 101(e) (title

III, Sec. 307(a)(2)), substituted ''The average'' for ''the

average''.

Subsec. (f)(3)(A)(ii). Pub. L. 104-106, Sec. 1074(f)(2)(A)(iii),

amended cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: ''The Secretary shall next subtract from the amount

determined under clause (i) the average amount of State aid per

pupil received by the local educational agency.''

Subsec. (f)(3)(A)(iii). Pub. L. 104-195, Sec. 5(b)(1), inserted

'', except as provided in subparagraph (C),'' after ''but'' in

introductory provisions.

Pub. L. 104-106, Sec. 1074(f)(2)(A)(iv), amended cl. (iii)

generally. Prior to amendment, cl. (iii) read as follows: ''The

Secretary shall next multiply the amount determined under clause

(ii) by the total number of students in average daily attendance at

the schools of the local educational agency as determined by the

Secretary under subsection (a)(1) of this section.''

Subsec. (f)(3)(B). Pub. L. 104-106, Sec. 1074(f)(2)(B), amended

heading and text of subpar. (B) generally. Prior to amendment,

text read as follows: ''With respect to payments under this

subsection for a local educational agency described in clause (ii)

or (iii) of paragraph (2)(A), the maximum amount of such payments

shall be computed by taking the product of the average per-pupil

expenditure in all States multiplied by 0.7, except that such

amount may not exceed 125 percent of the average per-pupil

expenditure in all local educational agencies in the State.''

Subsec. (f)(3)(C). Pub. L. 104-195, Sec. 5(b)(2), added subpar.

(C).

Subsec. (f)(4). Pub. L. 104-195, Sec. 5(a), substituted ''Data''

for ''Current year data'' in heading, amended subpar. (A)

generally, substituting present provisions for provisions which

read ''shall use student and revenue data from the fiscal year for

which the local educational agency is applying for assistance under

this subsection; and'', and in subpar. (B) substituted ''the fiscal

year for which the local educational agency is applying for

assistance under this subsection'' for ''such year''.

Pub. L. 104-106, Sec. 1074(g), amended heading and text of par.

(4) generally. Prior to amendment, text read as follows: ''The

Secretary shall, for purposes of providing assistance under this

subsection, use -

''(A) student and revenue data from the fiscal year for which

the local educational agency is applying for assistance under

this subsection; and

''(B) the most recent data available which is adjusted to such

fiscal year.''

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-279, title IV, Sec. 406(b), Nov. 5, 2002, 116 Stat.

1987, provided that: ''The amendment made by section 406(a)

(amending this section) shall be effective on September 30, 2001,

and shall apply with respect to fiscal year 2001, and all

subsequent fiscal years.''

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and

effective with respect to appropriations for use under this

subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110,

set out as an Effective Date note under section 6301 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1804(b)(2)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-375, provided that: ''The

amendments made by paragraph (1) (amending this section) shall

apply with respect to payments to a local educational agency for

fiscal years beginning before, on, or after the date of the

enactment of this Act (Oct. 30, 2000).''

EFFECTIVE DATE OF 1997 AMENDMENTS

Title III of Pub. L. 105-78, Nov. 13, 1997, 111 Stat. 1497,

provided in part that: ''The amendment made by this proviso

(amending this section) shall apply with respect to fiscal years

beginning with fiscal year 1996''.

Section 60005(b) of Pub. L. 105-18 provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply with respect to fiscal years after fiscal year 1997.''

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 101(e) (title III, Sec. 307(b)) of div. A of Pub. L.

104-208 provided that: ''The amendments made by subsection (a)

(amending this section) shall apply with respect to fiscal years

beginning with fiscal year 1995.''

Section 3(b) of Pub. L. 104-195 provided that: ''Paragraph (4) of

section 8003(a) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7703(a)(4)), as added by subsection (a), shall

apply with respect to fiscal years after fiscal year 1995.''

Section 4(b) of Pub. L. 104-195 provided that: ''Paragraph (3) of

section 8003(b) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7703(b)(3)), as added by subsection (a), shall

apply with respect to fiscal years after fiscal year 1994.''

Section 5(c) of Pub. L. 104-195 provided that: ''The amendments

made by subsections (a) and (b) (amending this section) shall apply

with respect to fiscal years after fiscal year 1996.''

TRANSITION PROVISIONS

Pub. L. 107-110, title VIII, Sec. 802(a)(2), Jan. 8, 2002, 115

Stat. 1949, provided that: ''The Secretary shall consider an

application for a payment under section 8003(b)(2) (20 U.S.C.

7703(b)(2)) for fiscal year 2002 from a qualified local educational

agency described in section 8003(b)(2)(C)(iv), as added by

paragraph (1), as meeting the requirements of section

8003(b)(2)(C)(iii), and shall provide a payment under section

8003(b)(2) for fiscal year 2002, if the agency submits to the

Secretary an application for payment under such section not later

than 30 days after the date of enactment of this Act (Jan. 8,

2002).''

ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF

MEMBERS OF ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN

EMPLOYEES

Pub. L. 102-484, div. A, title III, Sec. 386, Oct. 23, 1992, 106

Stat. 2394, as amended by Pub. L. 103-160, div. A, title III, Sec.

373(a), (b), Nov. 30, 1993, 107 Stat. 1635, 1636; Pub. L. 103-382,

title III, Sec. 391(d), Oct. 20, 1994, 108 Stat. 4022; Pub. L.

104-106, div. A, title X, Sec. 1074(c)-(e), (h), Feb. 10, 1996,

110 Stat. 448, 449; Pub. L. 105-85, div. A, title III, Sec.

381(e), Nov. 18, 1997, 111 Stat. 1709; Pub. L. 106-65, div. A,

title III, Sec. 351(e), Oct. 5, 1999, 113 Stat. 572, provided that:

''(a) Assistance Authorized. - The Secretary of Defense, in

consultation with the Secretary of Education, shall provide

financial assistance to local educational agencies in States as

provided in this section.

''(b) Schools With Significant Numbers of Military Dependent

Students. - The Secretary of Defense shall provide financial

assistance to an eligible local educational agency described in

subsection (c) if, without such assistance, that agency will be

unable (as determined by the Secretary of Defense in consultation

with the Secretary of Education) to provide the students in the

schools of the agency with a level of education that is equivalent

to the minimum level of education available in the schools of the

other local educational agencies in the same State.

''(c) Eligible Local Educational Agencies. - A local educational

agency is eligible for assistance under subsection (b) for a fiscal

year if -

''(1) at least 20 percent (as rounded to the nearest whole

percent) of the students in average daily attendance in the

schools of that agency during the preceding school year were

military dependent students counted under section 8003(a)(1) of

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7703(a)(1));

''(2) there has been a significant increase, as determined by

the Secretary of Defense, in the number of military dependent

students in average daily attendance in the schools of that

agency as a result of a relocation of Armed Forces personnel or

civilian employees of the Department of Defense or as a result of

a realignment of one or more military installations; or

''(3) by reason of a consolidation or reorganization of local

educational agencies, the local educational agency is a successor

of a local educational agency that, for fiscal year 1992 -

''(A) was eligible to receive payments in accordance with

Department of Defense Instruction 1342.18, dated June 3, 1991;

and

''(B) satisfied the requirement in paragraph (1) or (2).

''(d) Adjustments Related to Base Closures and Realignments. - To

assist communities in making adjustments resulting from reductions

in the size of the Armed Forces, the Secretary of Defense shall, in

consultation with the Secretary of Education, make payments to

local educational agencies that, during the period between the end

of the school year preceding the fiscal year for which the payments

are authorized and the beginning of the school year immediately

preceding that school year, had an overall reduction of not less

than 20 percent in the number of military dependent students as a

result of the closure or realignment of military installations.

''(e) Report on Impact of Base Closures on Educational Agencies.

- (1) Not later than February 15 of each of 1993, 1994, 1995, and

1996, the Secretary of Defense, in consultation with the Secretary

of Education, shall submit to Congress a report on the local

educational agencies affected by the closures and realignment of

military installations and by redeployments of members of the Armed

Forces.

''(2) Each report shall contain the following:

''(A) The number of dependent children of members of the Armed

Forces or civilian employees of the Department of Defense who

entered the schools of the local educational agencies during the

preceding school year as a result of closures, realignments, or

redeployments.

''(B) The number of dependent children of such members or

employees who withdrew from the schools of the local educational

agencies during that school year as a result of closures,

realignments, or redeployments.

''(C) The amounts paid to the local educational agencies during

that year under the Act of September 30, 1950 (Public Law 874,

Eighty-first Congress; (former) 20 U.S.C. 236 et seq.), title

VIII of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7701 et seq.), or any other provision of law authorizing

the payment of financial assistance to local communities or local

educational agencies on the basis of the presence of dependent

children of such members or employees in such communities and in

the schools of such agencies.

''(D) The projected transfers of such members and employees in

connection with closures, realignments, and redeployments during

the 12-month period beginning on the date of the report,

including -

''(i) the installations to be closed or realigned;

''(ii) the installations to which personnel will be

transferred as a result of closures, realignments, and

redeployments; and

''(iii) the effects of such transfers on the number of

dependent children who will be included in determinations with

respect to the payment of funds to each affected local

educational agency.

''(f) Funding. - Of the amounts appropriated for the Department

of Defense for operation and maintenance in fiscal year 1993

pursuant to the authorization of appropriations in section 301 (106

Stat. 2360) -

''(1) $50,000,000 shall be available for providing assistance

to local educational agencies under subsection (b); and

''(2) $8,000,000 shall be available for making payments to

local educational agencies under subsection (d).

''(g) Limitation on Transfer and Obligation of Funds. - (1) The

amount made available pursuant to subsection (f)(2) for adjustment

assistance related to base closures and realignments under

subsection (d) may be obligated for such adjustment assistance only

if expenditures for that adjustment assistance for fiscal year 1993

have been determined by the Director of the Office of Management

and Budget to be counted against the defense category of the

discretionary spending limits for fiscal year 1993 (as defined in

section 601(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.

665(a)(2))) for purposes of part C of the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).

''(2) Not later than the third day after the date of the

enactment of this Act (Oct. 23, 1992), the Director of the Office

of Management and Budget shall make a determination as to the

classification by discretionary spending limit category for

purposes of the Balanced Budget and Emergency Deficit Control Act

of 1985 (see Short Title note set out under section 900 of Title 2,

The Congress) of the amount appropriated for adjustment assistance

related to base closures and realignments under subsection (d). If

the Director determines that the amount shall not classify against

the defense category (as described in paragraph (1)), then the

President shall submit to Congress a report stating that the

Director has made such a determination and the amount that will not

classify against the defense category and containing an explanation

for the determination.

''(3) The amount listed in the report under paragraph (2) may be

transferred only to the programs under title III (see Tables for

classification) other than the program under subsection (d)

pursuant to amounts specified in appropriation Acts. Any such

transfer shall be taken into account for purposes of calculating

all reports under section 254 of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 904).

''(h) Definitions. - In this section:

''(1) The term 'local educational agency' has the meaning given

that term in section 8013(9) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7713(9)).

''(2) The term 'military dependent student' means a student

that is -

''(A) a dependent child of a member of the Armed Forces; or

''(B) a dependent child of a civilian employee of the

Department of Defense.

''(3) The term 'State' means each of the 50 States and the

District of Columbia.''

(Section 373(c) of Pub. L. 103-160 provided that: ''The

amendments made by subsections (a) and (b) (amending section 386 of

Pub. L. 102-484 set out above) shall take effect as of October 23,

1992, as if section 386 of Public Law 102-484 had been enacted as

amended by such subsections.'')

NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES OF ENROLLMENT

CHANGES DUE TO BASE CLOSURES AND REALIGNMENTS

For provisions requiring Secretary of Defense to identify local

educational agencies that will experience at least a 5-percent

increase or 10-percent reduction in enrollment in number of

dependent children of members of Armed Forces and of civilian

employees of Department of Defense enrolled in schools under

jurisdiction of such agencies during next academic year as a result

of closure or realignment of a military installation, and to

transmit notice of schedule of such closure or realignment to

affected local and State educational agencies, see section 2833 of

Pub. L. 101-189, set out as a note under section 2687 of Title 10,

Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1228, 7281a, 7702, 7703a,

7704, 7705, 7707, 7709, 7710, 7714 of this title.

-CITE-

20 USC Sec. 7703a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7703a. Impact aid for children with severe disabilities

-STATUTE-

(a) Payments

Subject to subsection (f) of this section, the Secretary of

Defense shall make a payment for fiscal years after fiscal year

2001, to each local educational agency eligible to receive a

payment for a child described in subparagraph (A)(ii), (B), (D)(i)

or (D)(ii) of section 7703(a)(1) of this title that serves two or

more such children with severe disabilities, for costs incurred in

providing a free appropriate public education to each such child.

(b) Payment amount

The amount of the payment under subsection (a) of this section to

a local educational agency for a fiscal year for each child

referred to in such subsection with a severe disability shall be -

(1) the payment made on behalf of the child with a severe

disability that is in excess of the average per pupil expenditure

in the State in which the local educational agency is located;

less

(2) the sum of the funds received by the local educational

agency -

(A) from the State in which the child resides to defray the

educational and related services for such child;

(B) under the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.) to defray the educational and related

services for such child; and

(C) from any other source to defray the costs of providing

educational and related services to the child which are

received due to the presence of a severe disabling condition of

such child.

(c) Exclusions

No payment shall be made under subsection (a) of this section on

behalf of a child with a severe disability whose individual cost of

educational and related services does not exceed -

(1) five times the national or State average per pupil

expenditure (whichever is lower), for a child who is provided

educational and related services under a program that is located

outside the boundaries of the school district of the local

educational agency that pays for the free appropriate public

education of the student; or

(2) three times the State average per pupil expenditure, for a

child who is provided educational and related services under a

program offered by the local educational agency, or within the

boundaries of the school district served by the local educational

agency.

(d) Ratable reduction

If the amount available for a fiscal year for payments under

subsection (a) of this section is insufficient to pay the full

amount all local educational agencies are eligible to receive under

such subsection, the Secretary of Defense shall ratably reduce the

amounts of the payments made under such subsection to all local

educational agencies by an equal percentage.

(e) Report

Each local educational agency desiring a payment under subsection

(a) of this section shall report to the Secretary of Defense -

(1) the number of severely disabled children for which a

payment may be made under this section; and

(2) a breakdown of the average cost, by placement (inside or

outside the boundaries of the school district of the local

educational agency), of providing education and related services

to such children.

(f) Payments subject to appropriation

Payments shall be made for any period in a fiscal year under this

section only to the extent that funds are appropriated specifically

for making such payments for that fiscal year.

(g) Local educational agency defined

In this section, the term ''local educational agency'' has the

meaning given that term in section 7713(9) of this title.

-SOURCE-

(Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 363), Oct. 30,

2000, 114 Stat. 1654, 1654A-77.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (b)(2)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

(Sec. 1400 et seq.) of this title. For complete classification of

this Act to the Code, see section 1400 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001, and not as part of

the Elementary and Secondary Education Act of 1965 which comprises

this chapter.

-CITE-

20 USC Sec. 7704 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7704. Policies and procedures relating to children residing on

Indian lands

-STATUTE-

(a) In general

A local educational agency that claims children residing on

Indian lands for the purpose of receiving funds under section 7703

of this title shall establish policies and procedures to ensure

that -

(1) such children participate in programs and activities

supported by such funds on an equal basis with all other

children;

(2) parents of such children and Indian tribes are afforded an

opportunity to present their views on such programs and

activities, including an opportunity to make recommendations on

the needs of those children and how the local educational agency

may help such children realize the benefits of such programs and

activities;

(3) parents and Indian tribes are consulted and involved in

planning and developing such programs and activities;

(4) relevant applications, evaluations, and program plans are

disseminated to the parents and Indian tribes; and

(5) parents and Indian tribes are afforded an opportunity to

present their views to such agency regarding such agency's

general educational program.

(b) Records

A local educational agency that claims children residing on

Indian lands for the purpose of receiving funds under section 7703

of this title shall maintain records demonstrating such agency's

compliance with the requirements contained in subsection (a) of

this section.

(c) Waiver

A local educational agency that claims children residing on

Indian lands for the purpose of receiving funds under section 7703

of this title shall not be required to comply with the requirements

of subsections (a) and (b) of this section for any fiscal year with

respect to any Indian tribe from which such agency has received a

written statement that the agency need not comply with those

subsections because the tribe is satisfied with the provision of

educational services by such agency to such children.

(d) Technical assistance and enforcement

The Secretary shall -

(1) provide technical assistance to local educational agencies,

parents, and Indian tribes to enable such agencies, parents, and

tribes to carry out this section; and

(2) enforce this section through such actions, which may

include the withholding of funds, as the Secretary determines to

be appropriate, after affording the affected local educational

agency, parents, and Indian tribe an opportunity to present their

views.

(e) Complaints

(1) In general

(A) Any tribe, or its designee, which has students in

attendance at a local educational agency may, in its discretion

and without regard to the requirements of any other provision of

law, file a written complaint with the Secretary regarding any

action of a local educational agency taken pursuant to, or

relevant to, the requirements of this section.

(B) Within ten working days from receipt of a complaint, the

Secretary shall -

(i) designate a time and place for a hearing into the matters

relating to the complaint at a location in close proximity to

the local educational agency involved, or if the Secretary

determines there is good cause, at some other location

convenient to both the tribe, or its designee, and the local

educational agency;

(ii) designate a hearing examiner to conduct the hearing; and

(iii) notify the affected tribe or tribes and the local

educational agency involved of the time, place, and nature of

the hearing and send copies of the complaint to the local

educational agency and the affected tribe or tribes.

(2) Hearing

The hearing shall be held within 30 days of the designation of

a hearing examiner and shall be open to the public. A record of

the proceedings shall be established and maintained.

(3) Evidence; recommendations; cost

The complaining tribe, or its designee, and the local

educational agency shall be entitled to present evidence on

matters relevant to the complaint and to make recommendations

concerning the appropriate remedial actions. Each party to the

hearing shall bear only its own costs in the proceedings.

(4) Findings and recommendations

Within 30 days of the completion of the hearing, the hearing

examiner shall, on the basis of the record, make written findings

of fact and recommendations concerning appropriate remedial

action, if any, which should be taken. The hearing examiner's

findings and recommendations, along with the hearing record,

shall be forwarded to the Secretary.

(5) Written determination

Within 30 days of the Secretary's receipt of the findings,

recommendations, and record, the Secretary shall, on the basis of

the record, make a written determination of the appropriate

remedial action, if any, to be taken by the local educational

agency, the schedule for completion of the remedial action, and

the reasons for the Secretary's decision.

(6) Copies provided

Upon completion of the Secretary's final determination, the

Secretary shall provide the complaining tribe, or its designee,

and the local educational agency with copies of the hearing

record, the hearing examiner's findings and recommendations, and

the Secretary's final determination. The final determination of

the Secretary shall be subject to judicial review.

(7) Consolidation

In all actions under this subsection, the Secretary shall have

discretion to consolidate complaints involving the same tribe or

local educational agency.

(8) Withholding

If the local educational agency rejects the determination of

the Secretary, or if the remedy required is not undertaken within

the time established and the Secretary determines that an

extension of the time established will not effectively encourage

the remedy required, the Secretary shall withhold payment of all

moneys to which such local agency is eligible under section 7703

of this title until such time as the remedy required is

undertaken, except where the complaining tribe or its designee

formally requests that such funds be released to the local

educational agency, except that the Secretary may not withhold

such moneys during the course of the school year if the Secretary

determines that such withholding would substantially disrupt the

educational programs of the local educational agency.

(9) Rejection of determination

If the local educational agency rejects the determination of

the Secretary and a tribe exercises the option under section

1101(d) of the Education Amendments of 1978, to have education

services provided either directly by the Bureau of Indian Affairs

or by contract with the Bureau of Indian Affairs, any Indian

students affiliated with that tribe who wish to remain in

attendance at the local educational agency against whom the

complaint which led to the tribal action under such subsection

(d) of this section was lodged may be counted with respect to

that local educational agency for the purpose of receiving funds

under section 7703 of this title. In such event, funds under

such section shall not be withheld pursuant to paragraph (8) and

no further complaints with respect to such students may be filed

under paragraph (1).

(f) Construction

This section is based upon the special relationship between the

Indian nations and the United States and nothing in this section

shall be construed to relieve any State of any duty with respect to

any citizens of that State.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8004, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3759.)

-REFTEXT-

REFERENCES IN TEXT

Section 1101(d) of the Education Amendments of 1978, referred to

in subsec. (e)(9), is section 1101(d) of Pub. L. 95-561, Nov. 1,

1978, 92 Stat. 2315, set out below.

-MISC2-

PRIOR PROVISIONS

A prior section 8004 of Pub. L. 89-10 was renumbered section 9004

and was classified to section 3384 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

CONTRACT AUTHORITY OF INDIAN TRIBES IF REMEDIAL ACTION IS NOT

TAKEN; ELECTION TO HAVE SERVICES PROVIDED BY BUREAU SCHOOLS;

SPECIAL REGULATIONS

Section 1101(d) of Pub. L. 95-561 directed Secretary of Health,

Education, and Welfare, in cooperation with Commissioner of

Education, within one year of Nov. 1, 1978, to promulgate special

regulations which would provide that where a local educational

agency had not undertaken the remedial action required by the

Commissioner under 20 U.S.C. 240(b)(3)(C)(vi), the affected tribes

could elect for the Bureau of Indian Affairs to provide educational

services provided by the local educational agency.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7705 of this title.

-CITE-

20 USC Sec. 7705 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7705. Application for payments under sections 7702 and 7703 of

this title

-STATUTE-

(a) In general

A local educational agency desiring to receive a payment under

section 7702 or 7703 of this title shall -

(1) submit an application for such payment to the Secretary;

and

(2) provide a copy of such application to the State educational

agency.

(b) Contents

Each such application shall be submitted in such form and manner,

and shall contain such information, as the Secretary may require,

including -

(1) information to determine the eligibility of the local

educational agency for a payment and the amount of such payment;

and

(2) where applicable, an assurance that such agency is in

compliance with section 7704 of this title (relating to children

residing on Indian lands).

(c) Deadline for submission

The Secretary shall establish deadlines for the submission of

applications under this section.

(d) Approval

(1) In general

The Secretary shall approve an application submitted under this

section that -

(A) except as provided in paragraph (2), is filed by the

deadline established under subsection (c) of this section; and

(B) otherwise meets the requirements of this subchapter.

(2) Reduction in payment

The Secretary shall approve an application filed not more than

60 days after a deadline established under subsection (c) of this

section, or not more than 60 days after the date on which the

Secretary sends written notice to the local educational agency

pursuant to paragraph (3)(A), as the case may be, that otherwise

meets the requirements of this subchapter, except that,

notwithstanding section 7703(e) of this title, the Secretary

shall reduce the payment based on such late application by 10

percent of the amount that would otherwise be paid.

(3) Late applications

(A) Notice

The Secretary shall, as soon as practicable after the

deadline established under subsection (c) of this section,

provide to each local educational agency that applied for a

payment under section 7702 or 7703 of this title for the prior

fiscal year, and with respect to which the Secretary has not

received an application for a payment under either such section

(as the case may be) for the fiscal year in question, written

notice of the failure to comply with the deadline and

instruction to ensure that the application is filed not later

than 60 days after the date on which the Secretary sends the

notice.

(B) Acceptance and approval of late applications

The Secretary shall not accept or approve any application of

a local educational agency that is filed more than 60 days

after the date on which the Secretary sends written notice to

the local educational agency pursuant to subparagraph (A).

(4) State application authority

Notwithstanding any other provision of law, a State educational

agency that had been accepted as an applicant for funds under

section 3 of the Act of September 30, 1950 (Public Law 874, 81st

Congress) (as such section was in effect on the day preceding

October 20, 1994) in fiscal year 1994 shall be permitted to

continue as an applicant under the same conditions by which such

agency made application during such fiscal year only if such

State educational agency distributes all funds received for the

students for which application is being made by such State

educational agency to the local educational agencies providing

educational services to such students.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8005, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3761; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1809), Oct. 30, 2000,

114 Stat. 1654, 1654A-382.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Act of September 30, 1950 (Public Law 874, 81st

Congress) (as such section was in effect on the day preceding

October 20, 1994), referred to in subsec. (d)(4), means section 3

of act Sept. 30, 1950, ch. 1124, which was classified to section

238 of this title prior to repeal by Pub. L. 103-382, title III,

Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965.

-MISC2-

PRIOR PROVISIONS

A prior section 8005 of Pub. L. 89-10 was renumbered section 9005

and was classified to section 3386 of this title, prior to the

general amendment of Pub. L. 89-10 by Pub. L. 103-382.

AMENDMENTS

2000 - Subsec. (d)(2). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1809(1)), inserted '', or not more than 60 days after

the date on which the Secretary sends written notice to the local

educational agency pursuant to paragraph (3)(A), as the case may

be,'' after ''subsection (c) of this section''.

Subsec. (d)(3). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1809(2)), amended heading and text generally. Prior to

amendment, text read as follows: ''The Secretary shall not accept

or approve any application that is filed more than 60 days after a

deadline established under subsection (c) of this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7702 of this title.

-CITE-

20 USC Sec. 7706 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7706. Repealed. Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1810), Oct. 30, 2000, 114 Stat. 1654, 1654A-383

-MISC1-

Section, Pub. L. 89-10, title VIII, Sec. 8006, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3762, related

to payments for sudden and substantial increases in attendance of

military dependents.

-CITE-

20 USC Sec. 7707 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7707. Construction

-STATUTE-

(a) Construction payments authorized

(1) In general

From 40 percent of the amount appropriated for each fiscal year

under section 7714(e) of this title, the Secretary shall make

payments in accordance with this subsection to each local

educational agency that receives a basic support payment under

section 7703(b) of this title for that fiscal year.

(2) Additional requirements

A local educational agency that receives a basic support

payment under section 7703(b)(1) of this title shall also meet at

least one of the following requirements:

(A) The number of children determined under section

7703(a)(1)(C) of this title for the agency for the preceding

school year constituted at least 50 percent of the total

student enrollment in the schools of the agency during the

preceding school year.

(B) The number of children determined under subparagraphs (B)

and (D)(i) of section 7703(a)(1) of this title for the agency

for the preceding school year constituted at least 50 percent

of the total student enrollment in the schools of the agency

during the preceding school year.

(3) Amount of payments

(A) Local educational agencies impacted by military dependent

children

The amount of a payment to each local educational agency

described in this subsection that is impacted by military

dependent children for a fiscal year shall be equal to -

(i)(II) 20 percent of the amount appropriated under section

7714(e) of this title for such fiscal year; divided by

(II) the total number of weighted student units of children

described in subparagraphs (B) and (D)(i) of section

7703(a)(1) of this title for all local educational agencies

described in this subsection (as calculated under section

7703(a)(2) of this title), including the number of weighted

student units of such children attending a school facility

described in section 7708(a) of this title if the Secretary

does not provide assistance for the school facility under

that section for the prior fiscal year; multiplied by

(ii) the total number of such weighted student units for

the agency.

(B) Local educational agencies impacted by children who reside

on Indian lands

The amount of a payment to each local educational agency

described in this subsection that is impacted by children who

reside on Indian lands for a fiscal year shall be equal to -

(i)(I) 20 percent of the amount appropriated under section

7714(e) of this title for such fiscal year; divided by

(II) the total number of weighted student units of children

described in section 7703(a)(1)(C) of this title for all

local educational agencies described in this subsection (as

calculated under section 7703(a)(2) of this title);

multiplied by

(ii) the total number of such weighted student units for

the agency.

(4) Use of funds

Any local educational agency that receives funds under this

subsection shall use such funds for construction, as defined in

section 7713(3) of this title.

(b) School facility emergency and modernization grants authorized

(1) In general

From 60 percent of the amount appropriated for each fiscal year

under section 7714(e) of this title, the Secretary -

(A) shall award emergency grants in accordance with this

subsection to eligible local educational agencies to enable the

agencies to carry out emergency repairs of school facilities;

and

(B) shall award modernization grants in accordance with this

subsection to eligible local educational agencies to enable the

agencies to carry out the modernization of school facilities.

(2) Priority

In approving applications from local educational agencies for

emergency grants and modernization grants under this subsection,

the Secretary shall give priority to applications in accordance

with the following:

(A) The Secretary shall first give priority to applications

for emergency grants from local educational agencies that meet

the requirements of paragraph (3)(A) and, among such

applications for emergency grants, shall give priority to those

applications of local educational agencies based on the

severity of the emergency, as determined by the Secretary.

(B) The Secretary shall next give priority to applications

for emergency grants from local educational agencies that meet

the requirements of subparagraph (C) or (D) of paragraph (3)

and, among such applications for emergency grants, shall give

priority to those applications of local educational agencies

based on the severity of the emergency, as determined by the

Secretary.

(C) The Secretary shall next give priority to applications

for modernization grants from local educational agencies that

meet the requirements of paragraph (3)(B) and, among such

applications for modernization grants, shall give priority to

those applications of local educational agencies based on the

severity of the need for modernization, as determined by the

Secretary.

(D) The Secretary shall next give priority to applications

for modernization grants from local educational agencies that

meet the requirements of subparagraph (C) or (D) of paragraph

(3) and, among such applications for modernization grants,

shall give priority to those applications of local educational

agencies based on the severity of the need for modernization,

as determined by the Secretary.

(3) Eligibility requirements

(A) Emergency grants

A local educational agency is eligible to receive an

emergency grant under paragraph (2)(A) if -

(i) the agency (or in the case of a local educational

agency that does not have the authority to tax or issue

bonds, the agency's fiscal agent) -

(I) has no practical capacity to issue bonds;

(II) has minimal capacity to issue bonds and is at not

less than 75 percent of the agency's limit of bonded

indebtedness; or

(III) does not meet the requirements of subclauses (I)

and (II) but is eligible to receive funds under section

7703(b)(2) of this title for the fiscal year; and

(ii) the agency is eligible to receive assistance under

subsection (a) of this section for the fiscal year and has a

school facility emergency, as determined by the Secretary,

that poses a health or safety hazard to the students and

school personnel assigned to the school facility.

(B) Modernization grants

A local educational agency is eligible to receive a

modernization grant under paragraph (2)(C) if -

(i) the agency is eligible to receive assistance under this

subchapter for the fiscal year;

(ii) the agency (or in the case of a local educational

agency that does not have the authority to tax or issue

bonds, the agency's fiscal agent) meets the requirements of

subclause (I), (II), or (III) of subparagraph (A)(i); and

(iii) the agency has facility needs resulting from the

presence of the Federal Government, such as the enrollment of

federally connected children, the presence of tax-exempt

Federal property, or an increase in enrollment due to the

expansion of Federal activities, housing privatization, or

the acquisition of Federal property.

(C) Additional eligibility for emergency and modernization

grants

(i) A local educational agency is eligible to receive an

emergency grant or a modernization grant under subparagraph (B)

or (D) of paragraph (2), respectively, if the agency meets the

following requirements:

(I) The agency receives a basic support payment under

section 7703(b) of this title for the fiscal year and the

agency meets at least one of the following requirements:

(aa) The number of children determined under section

7703(a)(1)(C) of this title for the agency for the

preceding school year constituted at least 40 percent of

the total student enrollment in the schools of the agency

during the preceding school year.

(bb) The number of children determined under

subparagraphs (B) and (D)(i) of section 7703(a)(1)of this

title for the agency for the preceding school year

constituted at least 40 percent of the total student

enrollment in the schools of the agency during the

preceding school year.

(II) The agency (or in the case of a local educational

agency that does not have the authority to tax or issue

bonds, the agency's fiscal agent) is at not less than 75

percent of the agency's limit of bonded indebtedness.

(III) The agency has an assessed value of real property per

student that may be taxed for school purposes that is less

than the average of the assessed value of real property per

student that may be taxed for school purposes in the State in

which the local educational agency is located.

(ii) A local educational agency is also eligible to receive a

modernization grant under this subparagraph if the agency is

eligible to receive assistance under section 7702 of this title

for the fiscal year and meets the requirements of subclauses

(II) and (III) of clause (i).

(D) Special rule

(i) In general

Any school described in clause (ii) that desires to receive

an emergency grant or a modernization grant under

subparagraph (B) or (D) of paragraph (2), respectively,

shall, except as provided in the following sentence, submit

an application in accordance with paragraph (6), and shall

otherwise be treated as a local educational agency for the

purpose of this subsection. The school shall submit an

application for the grant to the local educational agency of

such school and the agency shall submit the application on

behalf of the school to the Secretary.

(ii) School described

A school described in this clause is a school that meets

the following requirements:

(I) The school is located within the geographic

boundaries of a local educational agency that does not meet

the applicable eligibility requirements under subparagraph

(A), (B), or (C) for a grant under this subsection.

(II) The school meets at least one of the following

requirements:

(aa) The number of children determined under section

7703(a)(1)(C) of this title for the school for the

preceding school year constituted at least 40 percent of

the total student enrollment in the school during the

preceding school year.

(bb) The number of children determined under

subparagraphs (B) and (D)(i) of section 7703(a)(1) of

this title for the school for the preceding school year

constituted at least 40 percent of the total student

enrollment in the school during the preceding school

year.

(III) The school is located within the geographic

boundaries of a local educational agency that meets the

requirements of subclauses (II) and (III) of subparagraph

(C)(i).

(E) Rule of construction

For purposes of subparagraph (A)(i), a local educational

agency -

(i) has no practical capacity to issue bonds if the total

assessed value of real property that may be taxed for school

purposes is less than $25,000,000; and

(ii) has minimal capacity to issue bonds if the total

assessed value of real property that may be taxed for school

purposes is at least $25,000,000 but not more than

$50,000,000.

(4) Award criteria

In awarding emergency grants and modernization grants under

this subsection, the Secretary shall consider the following

factors:

(A) The ability of the local educational agency to respond to

the emergency, or to pay for the modernization project, as the

case may be, as measured by -

(i) the agency's level of bonded indebtedness;

(ii) the assessed value of real property per student that

may be taxed for school purposes compared to the average of

the assessed value of real property per student that may be

taxed for school purposes in the State in which the agency is

located;

(iii) the agency's total tax rate for school purposes (or,

if applicable, for capital expenditures) compared to the

average total tax rate for school purposes (or the average

capital expenditure tax rate, if applicable) in the State in

which the agency is located; and

(iv) funds that are available to the agency, from any other

source, including subsection (a) of this section, that may be

used for capital expenditures.

(B) The percentage of property in the agency that is

nontaxable due to the presence of the Federal Government.

(C) The number and percentages of children described in

subparagraphs (A), (B), (C), and (D) of section 7703(a)(1) of

this title served in the school facility with the emergency or

served in the school facility proposed for modernization, as

the case may be.

(D) In the case of an emergency grant, the severity of the

emergency, as measured by the threat that the condition of the

school facility poses to the health, safety, and well-being of

students.

(E) In the case of a modernization grant -

(i) the severity of the need for modernization, as measured

by such factors as -

(I) overcrowding, as evidenced by the use of portable

classrooms, or the potential for future overcrowding

because of increased enrollment; or

(II) the agency's inability to utilize technology or

offer a curriculum in accordance with contemporary State

standards due to the physical limitations of the current

school facility; and

(ii) the age of the school facility proposed for

modernization.

(5) Other award provisions

(A) General provisions

(i) Limitations on amount of funds

(I) In general

The amount of funds provided under an emergency grant or

a modernization grant awarded under this subsection to a

local educational agency that meets the requirements of

subclause (II) or (III) of paragraph (3)(A)(i) for purposes

of eligibility under subparagraph (A) or (B) of paragraph

(3) or that meets the requirements of clause (i) or (ii) of

paragraph (3)(C) for purposes of eligibility under such

paragraph (3)(C), or to a school that is eligible under

paragraph (3)(D) -

(aa) shall not exceed 50 percent of the total cost of

the project to be assisted under this subsection; and

(bb) shall not exceed $4,000,000 during any 4-year

period.

(II) In-kind contributions

A local educational agency may use in-kind contributions

to meet the matching requirement of subclause (I)(aa).

(ii) Prohibitions on use of funds

A local educational agency may not use funds provided under

an emergency grant or modernization grant awarded under this

subsection for -

(I) a project for a school facility for which the agency

does not have full title or other interest;

(II) stadiums or other school facilities that are

primarily used for athletic contests, exhibitions, or other

events for which admission is charged to the general

public; or

(III) the acquisition of real property.

(iii) Supplement, not supplant

A local educational agency shall use funds provided under

an emergency grant or modernization grant awarded under this

subsection only to supplement the amount of funds that would,

in the absence of the Federal funds provided under the grant,

be made available from non-Federal sources to carry out

emergency repairs of school facilities or to carry out the

modernization of school facilities, as the case may be, and

not to supplant such funds.

(iv) Maintenance costs

Nothing in this subsection shall be construed to authorize

the payment of maintenance costs in connection with any

school facility modernized in whole or in part with Federal

funds provided under this subsection.

(v) Environmental safeguards

All projects carried out with Federal funds provided under

this subsection shall comply with all relevant Federal,

State, and local environmental laws and regulations.

(vi) Carry-over of certain applications

A local educational agency that applies for an emergency

grant or a modernization grant under this subsection for a

fiscal year and does not receive the grant for the fiscal

year shall have the application for the grant considered for

the following fiscal year, subject to the priority

requirements of paragraph (2) and the award criteria

requirements of paragraph (4).

(B) Emergency grants; prohibition on use of funds

A local educational agency that is awarded an emergency grant

under this subsection may not use amounts under the grant for

the complete or partial replacement of an existing school

facility unless such replacement is less expensive or more

cost-effective than correcting the identified emergency.

(6) Application

A local educational agency that desires to receive an emergency

grant or a modernization grant under this subsection shall submit

an application to the Secretary at such time, in such manner, and

accompanied by such information as the Secretary may require.

Each application shall contain the following:

(A) A description of how the local educational agency meets

the award criteria under paragraph (4), including the

information described in clauses (i) through (iv) of paragraph

(4)(A) and subparagraphs (B) and (C) of paragraph (4).

(B) In the case of an application for an emergency grant -

(i) a description of the school facility deficiency that

poses a health or safety hazard to the occupants of the

facility and a description of how the deficiency will be

repaired; and

(ii) a signed statement from an appropriate local official

certifying that a deficiency in the school facility threatens

the health or safety of the occupants of the facility or that

prevents the use of all or a portion of the building.

(C) In the case of an application for a modernization grant -

(i) an explanation of the need for the school facility

modernization project;

(ii) the date on which original construction of the

facility to be modernized was completed;

(iii) a listing of the school facilities to be modernized,

including the number and percentage of children determined

under section 7703(a)(1) of this title in average daily

attendance in each school facility; and

(iv) a description of the ownership of the property on

which the current school facility is located or on which the

planned school facility will be located.

(D) A description of the project for which a grant under this

subsection will be used, including a cost estimate for the

project.

(E) A description of the interest in, or authority over, the

school facility involved, such as an ownership interest or a

lease arrangement.

(F) Such other information and assurances as the Secretary

may reasonably require.

(7) Report

(A) In general

Not later than January 1 of each year, the Secretary shall

prepare and submit to the appropriate congressional committees

a report that contains a justification for each grant awarded

under this subsection for the prior fiscal year.

(B) Definition

In this paragraph, the term ''appropriate congressional

committees'' means -

(i) the Committee on Appropriations and the Committee on

Education and the Workforce of the House of Representatives;

and

(ii) the Committee on Appropriations and the Committee on

Health, Education, Labor, and Pensions of the Senate.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8007, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3763; amended Pub. L.

104-134, title I, Sec. 101(d) (title III, Sec. 306(b)), Apr. 26,

1996, 110 Stat. 1321-211, 1321-236; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 106-398,

Sec. 1 ((div. A), title XVIII, Sec. 1811), Oct. 30, 2000, 114 Stat.

1654, 1654A-383; Pub. L. 107-110, title VIII, Sec. 803, Jan. 8,

2002, 115 Stat. 1950.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-110 amended heading and text

generally, reorganizing and revising provisions relating to

emergency and modernization grants.

2000 - Pub. L. 106-398 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (c) authorizing

payments to certain local educational agencies for construction.

1996 - Subsec. (a)(2)(B). Pub. L. 104-134 struck out ''and in

which the agency at any 2 times during the four fiscal years

preceding October 20, 1994, was denied by a vote of the agency's

eligible voters a bond referendum for the purposes of school

construction or renovation'' before semicolon at end.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and

effective with respect to appropriations for use under this

subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110,

set out as an Effective Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7714 of this title.

-CITE-

20 USC Sec. 7708 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7708. Facilities

-STATUTE-

(a) Current facilities

From the amount appropriated for any fiscal year under section

7714(f) of this title, the Secretary may continue to provide

assistance for school facilities that were supported by the

Secretary under section 10 of the Act of September 23, 1950 (Public

Law 815, 81st Congress) (as such Act was in effect on the day

preceding October 20, 1994).

(b) Transfer of facilities

(1) In general

The Secretary shall, as soon as practicable, transfer to the

appropriate local educational agency or another appropriate

entity all the right, title, and interest of the United States in

and to each facility provided under section 10 of the Act of

September 23, 1950 (FOOTNOTE 1) (Public Law 815, 81st Congress),

or under section 204 or 310 of the Act of September 30, 1950

(FOOTNOTE 1) (Public Law 874, 81st Congress) (as such Acts were

in effect on January 1, 1958).

(FOOTNOTE 1) See References in Text note below.

(2) Other requirements

Any such transfer shall be without charge to such agency or

entity, and prior to such transfer, the transfer shall be

consented to by the local educational agency or other appropriate

entity, and may be made on such terms and conditions as the

Secretary deems appropriate to carry out the purposes of this

subchapter.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8008, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3764.)

-REFTEXT-

REFERENCES IN TEXT

Section 10 of the Act of September 23, 1950 (Public Law 815, 81st

Congress) (as such Act was in effect on the day preceding October

20, 1994), referred to in subsec. (a), means section 10 of act

Sept. 23, 1950, ch. 995, which was classified to section 640 of

this title prior to repeal by Pub. L. 103-382, title III, Sec.

331(a), Oct. 20, 1994, 108 Stat. 3965.

Section 10 of the Act of September 23, 1950 (Public Law 815, 81st

Congress) (as such Act was in effect on January 1, 1958), referred

to in subsec. (b)(1), probably means section 10 of act Sept. 23,

1950, ch. 995, as added by Pub. L. 85-620, title I, Sec. 101, Aug.

12, 1958, 72 Stat. 553, as amended, which was classified to section

640 of this title prior to repeal by Pub. L. 103-382, title III,

Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. The act Sept. 23, 1950,

did not contain a section 10 on Jan. 1, 1958.

Sections 204 and 310 of the Act of September 30, 1950 (Public Law

874, 81st Congress) (as such Act was in effect on January 1, 1958),

referred to in subsec. (b)(1), probably mean sections 204 and 310

of act Sept. 23, 1950, ch. 995, which were classified to sections

274 and 300, respectively, of this title prior to the general

amendment of that Act by Pub. L. 85-620, Aug. 12, 1958, 72 Stat.

548. The act Sept. 30, 1950, did not contain a section 204 or 310

on Jan. 1, 1958.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7707, 7714 of this title;

title 10 section 2008.

-CITE-

20 USC Sec. 7709 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7709. State consideration of payments in providing State aid

-STATUTE-

(a) General prohibition

Except as provided in subsection (b) of this section, a State may

not -

(1) consider payments under this subchapter in determining for

any fiscal year -

(A) the eligibility of a local educational agency for State

aid for free public education; or

(B) the amount of such aid; or

(2) make such aid available to local educational agencies in a

manner that results in less State aid to any local educational

agency that is eligible for such payment than such agency would

receive if such agency were not so eligible.

(b) State equalization plans

(1) In general

A State may reduce State aid to a local educational agency that

receives a payment under section 7702 or 7703(b) of this title

(except the amount calculated in excess of 1.0 under section

7703(a)(2)(B) of this title and, with respect to a local

educational agency that receives a payment under section

7703(b)(2) of this title, the amount in excess of the amount that

the agency would receive if the agency were deemed to be an

agency eligible to receive a payment under section 7703(b)(1) of

this title and not section 7703(b)(2) of this title) for any

fiscal year if the Secretary determines, and certifies under

subsection (c)(3)(A) of this section, that the State has in

effect a program of State aid that equalizes expenditures for

free public education among local educational agencies in the

State.

(2) Computation

(A) In general

For purposes of paragraph (1), a program of State aid

equalizes expenditures among local educational agencies if, in

the second fiscal year preceding the fiscal year for which the

determination is made, the amount of per-pupil expenditures

made by, or per-pupil revenues available to, the local

educational agency in the State with the highest such per-pupil

expenditures or revenues did not exceed the amount of such

per-pupil expenditures made by, or per-pupil revenues available

to, the local educational agency in the State with the lowest

such expenditures or revenues by more than 25 percent.

(B) Other factors

In making a determination under this subsection, the

Secretary shall -

(i) disregard local educational agencies with per-pupil

expenditures or revenues above the 95th percentile or below

the 5th percentile of such expenditures or revenues in the

State; and

(ii) take into account the extent to which a program of

State aid reflects the additional cost of providing free

public education in particular types of local educational

agencies, such as those that are geographically isolated, or

to particular types of students, such as children with

disabilities.

(3) Exception

Notwithstanding paragraph (2), if the Secretary determines that

the State has substantially revised its program of State aid, the

Secretary may certify such program for any fiscal year only if -

(A) the Secretary determines, on the basis of projected data,

that the State's program will meet the disparity standard

described in paragraph (2) for the fiscal year for which the

determination is made; and

(B) the State provides an assurance to the Secretary that, if

final data do not demonstrate that the State's program met such

standard for the fiscal year for which the determination is

made, the State will pay to each affected local educational

agency the amount by which the State reduced State aid to the

local educational agency.

(c) Procedures for review of State equalization plans

(1) Written notice

(A) In general

Any State that wishes to consider payments described in

subsection (b)(1) of this section in providing State aid to

local educational agencies shall submit to the Secretary, not

later than 120 days before the beginning of the State's fiscal

year, a written notice of such State's intention to do so.

(B) Contents

Such notice shall be in the form and contain the information

the Secretary requires, including evidence that the State has

notified each local educational agency in the State of such

State's intention to consider such payments in providing State

aid.

(2) Opportunity to present views

Before making a determination under subsection (b) of this

section, the Secretary shall afford the State, and local

educational agencies in the State, an opportunity to present

their views.

(3) Qualification procedures

If the Secretary determines that a program of State aid

qualifies under subsection (b) of this section, the Secretary

shall -

(A) certify the program and so notify the State; and

(B) afford an opportunity for a hearing, in accordance with

section 7711(a) of this title, to any local educational agency

adversely affected by such certification.

(4) Nonqualification procedures

If the Secretary determines that a program of State aid does

not qualify under subsection (b) of this section, the Secretary

shall -

(A) so notify the State; and

(B) afford an opportunity for a hearing, in accordance with

section 7711(a) of this title, to the State, and to any local

educational agency adversely affected by such determination.

(d) Treatment of State aid

(1) In general

If a State has in effect a program of State aid for free public

education for any fiscal year, which is designed to equalize

expenditures for free public education among the local

educational agencies of that State, payments under this

subchapter for any fiscal year may be taken into consideration by

such State in determining the relative -

(A) financial resources available to local educational

agencies in that State; and

(B) financial need of such agencies for the provision of free

public education for children served by such agency, except

that a State may consider as local resources funds received

under this subchapter only in proportion to the share that

local tax revenues covered under a State equalization program

are of total local tax revenues.

(2) Prohibition

A State may not take into consideration payments under this

subchapter before such State's program of State aid has been

certified by the Secretary under subsection (c)(3) of this

section.

(e) Remedies for State violations

(1) In general

The Secretary or any aggrieved local educational agency may,

not earlier than 150 days after an adverse determination by the

Secretary against a State for violation of subsections (a) or

(d)(2) of this section or for failure to carry out an assurance

under subsection (b)(3)(B) of this section, and if an

administrative proceeding has not been concluded within such

time, bring an action in a United States district court against

such State for such violations or failure.

(2) Immunity

A State shall not be immune under the 11th amendment to the

Constitution of the United States from an action described in

paragraph (1).

(3) Relief

The court shall grant such relief as the court determines is

appropriate.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8009, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3764; amended Pub. L.

104-195, Sec. 10, Sept. 16, 1996, 110 Stat. 2384; Pub. L. 106-398,

Sec. 1 ((div. A), title XVIII, Sec. 1812), Oct. 30, 2000, 114 Stat.

1654, 1654A-386; Pub. L. 107-110, title VIII, Sec. 804, Jan. 8,

2002, 115 Stat. 1956.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-110 inserted ''and, with

respect to a local educational agency that receives a payment under

section 7703(b)(2) of this title, the amount in excess of the

amount that the agency would receive if the agency were deemed to

be an agency eligible to receive a payment under section 7703(b)(1)

of this title and not section 7703(b)(2) of this title'' after

''section 7703(a)(2)(B) of this title''.

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1812(1)), struck out ''or under the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect

on the day preceding October 20, 1994)'' after ''under this

subchapter'' in introductory provisions.

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1812(2)), amended heading and text of par. (1) generally.

Prior to amendment, text read as follows: ''A State may reduce

State aid to a local educational agency that receives a payment

under section 7702 or 7703(b) of this title (except the amount

calculated in excess of 1.0 under subparagraph (B) of section

7703(a)(2) of this title) or under the Act of September 30, 1950

(Public Law 874, 81st Congress) as such Act was in effect on the

day preceding October 20, 1994 (other than an increase in payments

described in paragraphs (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of

section 3(d) of such Act of September 30, 1950) for any fiscal year

if the Secretary determines, and certifies under subsection

(c)(3)(A) of this section, that such State has in effect a program

of State aid that equalizes expenditures for free public education

among local educational agencies in such State.''

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1812(3)), struck out ''or under the Act of September 30, 1950

(Public Law 874, 81st Congress) (as such Act was in effect on the

day preceding October 20, 1994)'' after ''under this subchapter''

wherever appearing.

1996 - Subsec. (b)(2)(A). Pub. L. 104-195 substituted ''more than

25 percent'' for ''more than -

''(i) 25 percent for fiscal year 1995, 1996, or 1997; and

''(ii) 20 percent for fiscal year 1998 or 1999''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and

effective with respect to appropriations for use under this

subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110,

set out as an Effective Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7710 of this title.

-CITE-

20 USC Sec. 7710 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7710. Federal administration

-STATUTE-

(a) Payments in whole dollar amounts

The Secretary shall round any payments under this subchapter to

the nearest whole dollar amount.

(b) Other agencies

Each Federal agency administering Federal property on which

children reside, and each agency principally responsible for an

activity that may occasion assistance under this subchapter, shall,

to the maximum extent practicable, comply with requests of the

Secretary for information the Secretary may require to carry out

this subchapter.

(c) Special rules

(1) Certain children eligible under subparagraphs (A) and (G)(ii)

of section 7703(a)(1)

(A) The Secretary shall treat as eligible under subparagraph

(A) of section 7703(a)(1) of this title any child who would be

eligible under such subparagraph except that the Federal property

on which the child resides or on which the child's parent is

employed is not in the same State in which the child attends

school, if such child meets the requirements of paragraph (3)

(FOOTNOTE 1) of this subsection.

(FOOTNOTE 1) So in original. Probably should be paragraph

''(2)''.

(B) The Secretary shall treat as eligible under subparagraph

(G) of section 7703(a)(1) of this title any child who would be

eligible under such subparagraph except that such child does not

meet the requirements of clause (ii) of such subparagraph, if

such child meets the requirements of paragraph (3) (FOOTNOTE 1)

of this subsection.

(2) Requirements

A child meets the requirements of this paragraph if -

(A) such child resides -

(i) in a State adjacent to the State in which the local

educational agency serving the school such child attends is

located; or

(ii) with a parent employed on Federal property in a State

adjacent to the State in which such agency is located;

(B) the schools of such agency are within a more reasonable

commuting distance of such child's home than the schools of the

local educational agency that serves the school attendance area

where such child resides;

(C) attending the schools of the local educational agency

that serves the school attendance area where such child resides

will impose a substantial hardship on such child;

(D) the State in which such child attends school provides

funds for the education of such child on the same basis as all

other public school children in the State, unless otherwise

permitted under section 7709(b) of this title; and

(E) such agency received a payment for fiscal year 1999 under

section 7703(b) of this title on behalf of children described

in paragraph (1).

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8010, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3767; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1813), Oct. 30, 2000,

114 Stat. 1654, 1654A-387.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1813(1), (2)), redesignated par. (2) as (1) and struck

out heading and text of former par. (1). Text read as follows:

''Notwithstanding any other provision of law, for any fiscal year

before fiscal year 1995, the Secretary shall treat as eligible

under subsection (a) or (b) of section 3 of the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such subsection was in

effect on the day preceding October 20, 1994), and shall forgive

the obligation of a local educational agency to repay any amounts

that such agency received under such section for such fiscal year

based on, any child who would be eligible under such subsections

except that such child does not meet the requirements of subsection

(a)(1)(B) or (b)(2)(B), respectively, of such section 3, if such

child meets the requirements of paragraph (3) of this subsection.''

Subsec. (c)(2). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1813(2)), redesignated par. (3) as (2). Former par. (2)

redesignated (1).

Subsec. (c)(2)(D). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1813(3)(A)), struck out ''section 5(d)(2) of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such section

was in effect on the day preceding October 20, 1994) or'' after

''otherwise permitted under''.

Subsec. (c)(2)(E). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1813(3)(B)), substituted ''1999'' for ''1994'', struck

out ''(or such section's predecessor authority)'' after ''section

7703(b) of this title'', and substituted ''paragraph (1)'' for

''paragraph (2)''.

Subsec. (c)(3). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1813(2)), redesignated par. (3) as (2).

-CITE-

20 USC Sec. 7711 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7711. Administrative hearings and judicial review

-STATUTE-

(a) Administrative hearings

A local educational agency and a State that is adversely affected

by any action of the Secretary under this subchapter or under the

Act of September 30, 1950 (Public Law 874, 81st Congress) (as such

Act was in effect on the day preceding October 20, 1994) shall be

entitled to a hearing on such action in the same manner as if such

agency were a person under chapter 5 of title 5 if the local

educational agency or State, as the case may be, submits to the

Secretary a request for the hearing not later than 60 days after

the date of the action of the Secretary under this subchapter.

(b) Judicial review of secretarial action

(1) In general

A local educational agency or a State aggrieved by the

Secretary's final decision following an agency proceeding under

subsection (a) of this section may, within 30 working days (as

determined by the local educational agency or State) after

receiving notice of such decision, file with the United States

court of appeals for the circuit in which such agency or State is

located a petition for review of that action. The clerk of the

court shall promptly transmit a copy of the petition to the

Secretary. The Secretary shall then file in the court the record

of the proceedings on which the Secretary's action was based, as

provided in section 2112 of title 28.

(2) Findings of fact

The findings of fact by the Secretary, if supported by

substantial evidence, shall be conclusive, but the court, for

good cause shown, may remand the case to the Secretary to take

further evidence. The Secretary may thereupon make new or

modified findings of fact and may modify the Secretary's previous

action, and shall file in the court the record of the further

proceedings. Such new or modified findings of fact shall

likewise be conclusive if supported by substantial evidence.

(3) Review

The court shall have exclusive jurisdiction to affirm the

action of the Secretary or to set it aside, in whole or in part.

The judgment of the court shall be subject to review by the

Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8011, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3768; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1814(a)(1), (b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-387.)

-REFTEXT-

REFERENCES IN TEXT

Act of September 30, 1950 (Public Law 874, 81st Congress) (as

such Act was in effect on the day preceding October 20, 1994),

referred to in subsec. (a), is act Sept. 30, 1950, ch. 1124, 64

Stat. 1100, as amended, which was classified generally to chapter

13 (Sec. 236 et seq.) of this title prior to repeal by Pub. L.

103-382, title III, Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. For

complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1814(a)(1)), inserted ''if the local educational agency

or State, as the case may be, submits to the Secretary a request

for the hearing not later than 60 days after the date of the action

of the Secretary under this subchapter'' before period at end.

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1814(b)), substituted ''30 working days (as determined by the

local educational agency or State)'' for ''60 days''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec. 1814(a)(2)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-387, provided that: ''The

amendment made by paragraph (1) (amending this section) shall apply

with respect to an action of the Secretary under title VIII of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et

seq.) initiated on or after the date of the enactment of this Act

(Oct. 30, 2000).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7709 of this title.

-CITE-

20 USC Sec. 7712 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7712. Forgiveness of overpayments

-STATUTE-

Notwithstanding any other provision of law, the Secretary may

forgive the obligation of a local educational agency to repay, in

whole or in part, the amount of any overpayment received under this

subchapter, or under this subchapter's predecessor authorities, if

the Secretary determines that the overpayment was made as a result

of an error made by -

(1) the Secretary; or

(2) the local educational agency and repayment of the full

amount of the overpayment will result in an undue financial

hardship on the agency and seriously harm the agency's

educational program.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8012, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3769; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1815), Oct. 30, 2000,

114 Stat. 1654, 1654A-387.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398 substituted ''under this subchapter's

predecessor authorities'' for ''under the Act of September 30, 1950

(Public Law 874, 81st Congress) or the Act of September 23, 1950

(Public Law 815, 81st Congress) (as such Acts were in effect on the

day preceding October 20, 1994)'' in introductory provisions.

-CITE-

20 USC Sec. 7713 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7713. Definitions

-STATUTE-

For purposes of this subchapter:

(1) Armed Forces

The term ''Armed Forces'' means the Army, Navy, Air Force, and

Marine Corps.

(2) Average per-pupil expenditure

The term ''average per-pupil expenditure'' means -

(A) the aggregate current expenditures of all local

educational agencies in the State; divided by

(B) the total number of children in average daily attendance

for whom such agencies provided free public education.

(3) Construction

The term ''construction'' means -

(A) the preparation of drawings and specifications for school

facilities;

(B) erecting, building, acquiring, altering, remodeling,

repairing, or extending school facilities;

(C) inspecting and supervising the construction of school

facilities; and

(D) debt service for such activities.

(4) Current expenditures

The term ''current expenditures'' means expenditures for free

public education, including expenditures for administration,

instruction, attendance and health services, pupil transportation

services, operation and maintenance of plant, fixed charges, and

net expenditures to cover deficits for food services and student

body activities, but does not include expenditures for community

services, capital outlay, and debt service, or any expenditures

made from funds awarded under part A of subchapter I of this

chapter and subchapter VI of this chapter. The determination of

whether an expenditure for the replacement of equipment is

considered a current expenditure or a capital outlay shall be

determined in accordance with generally accepted accounting

principles as determined by the State.

(5) Federal property

(A) In general

Except as provided in subparagraphs (B) through (F), the term

''Federal property'' means real property that is not subject to

taxation by any State or any political subdivision of a State

due to Federal agreement, law, or policy, and that is -

(i) owned by the United States or leased by the United

States from another entity;

(ii)(I) held in trust by the United States for individual

Indians or Indian tribes;

(II) held by individual Indians or Indian tribes subject to

restrictions on alienation imposed by the United States;

(III) conveyed at any time under the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.) to a Native

individual, Native group, or village or regional corporation;

(IV) public land owned by the United States that is

designated for the sole use and benefit of individual Indians

or Indian tribes; or

(V) used for low-rent housing, as described in paragraph

(10), that is located on land described in subclause (I),

(II), (III), or (IV) of this clause or on land that met one

of those descriptions immediately before such property's use

for such housing;

(iii)(I) part of a low-rent housing project assisted under

the United States Housing Act of 1937 (42 U.S.C. 1437 et

seq.);

(II) used to provide housing for homeless children at

closed military installations pursuant to section 11411 of

title 42; or

(III) used for affordable housing assisted under the Native

American Housing Assistance and Self-Determination Act of

1996 (25 U.S.C. 4101 et seq.); or

(iv) owned by a foreign government or by an international

organization.

(B) Schools providing flight training to members of Air Force

The term ''Federal property'' includes, so long as not

subject to taxation by any State or any political subdivision

of a State, and whether or not that tax exemption is due to

Federal agreement, law, or policy, any school providing flight

training to members of the Air Force under contract with the

Air Force at an airport owned by a State or political

subdivision of a State.

(C) Non-Federal easements, leases, licenses, permits,

improvements, and certain other real property

The term ''Federal property'' includes, whether or not

subject to taxation by a State or a political subdivision of a

State -

(i) any non-Federal easement, lease, license, permit, or

other such interest in Federal property as otherwise

described in this paragraph, but not including any

non-Federal fee-simple interest;

(ii) any improvement on Federal property as otherwise

described in this paragraph; and

(iii) real property that, immediately before its sale or

transfer to a non-Federal party, was owned by the United

States and otherwise qualified as Federal property described

in this paragraph, but only for one year beyond the end of

the fiscal year of such sale or transfer.

(D) Certain Postal Service property and pipelines and utility

lines

Notwithstanding any other provision of this paragraph, the

term ''Federal property'' does not include -

(i) any real property under the jurisdiction of the United

States Postal Service that is used primarily for the

provision of postal services; or

(ii) pipelines and utility lines.

(E) Property with respect to which State or local tax revenues

may not be expended, allocated, or available for free

public education

Notwithstanding any other provision of this paragraph,

''Federal property'' does not include any property on which

children reside that is otherwise described in this paragraph

if -

(i) no tax revenues of the State or of any political

subdivision of the State may be expended for the free public

education of children who reside on that Federal property; or

(ii) no tax revenues of the State are allocated or

available for the free public education of such children.

(F) Property located in the State of Oklahoma owned by Indian

housing authority for low-income housing

The term ''Federal property'' includes any real property

located in the State of Oklahoma that -

(i) is owned by an Indian housing authority and used for

low-income housing (including housing assisted under or

authorized by the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)); and

(ii) at any time -

(I) was designated by treaty as tribal land; or

(II) satisfied the definition of Federal property under

section 403(1)(A) of the Act of September 30, 1950 (Public

Law 874, 81st Congress) (as such Act was in effect on the

day preceding October 20, 1994).

(6) Free public education

The term ''free public education'' means education that is

provided -

(A) at public expense, under public supervision and

direction, and without tuition charge; and

(B) as elementary or secondary education, as determined under

State law, except that, notwithstanding State law, such term -

(i) includes preschool education; and

(ii) does not include any education provided beyond grade

12.

(7) Indian lands

The term ''Indian lands'' means any Federal property described

in paragraph (5)(A)(ii) or (5)(F).

(8) Local contribution percentage

(A) In general

The term ''local contribution percentage'' means the

percentage of current expenditures in the State derived from

local and intermediate sources, as reported to and verified by

the National Center for Education Statistics.

(B) Hawaii and District of Columbia

Notwithstanding subparagraph (A), the local contribution

percentage for Hawaii and for the District of Columbia shall be

the average local contribution percentage for the 50 States and

the District of Columbia.

(9) Local educational agency

(A) In general

Except as provided in subparagraph (B), the term ''local

educational agency'' -

(i) means a board of education or other legally constituted

local school authority having administrative control and

direction of free public education in a county, township,

independent school district, or other school district; and

(ii) includes any State agency that directly operates and

maintains facilities for providing free public education.

(B) Exception

The term ''local educational agency'' does not include any

agency or school authority that the Secretary determines on a

case-by-case basis -

(i) was constituted or reconstituted primarily for the

purpose of receiving assistance under this subchapter or the

Act of September 30, 1950 (Public Law 874, 81st Congress) (as

such Act was in effect on the day preceding October 20, 1994)

or increasing the amount of such assistance; or

(ii) is not constituted or reconstituted for legitimate

educational purposes.

(10) Low-rent housing

The term ''low-rent housing'' means housing located on property

that is described in paragraph (5)(A)(iii).

(11) Modernization

The term ''modernization'' means repair, renovation,

alteration, or construction, including -

(A) the concurrent installation of equipment; and

(B) the complete or partial replacement of an existing school

facility, but only if such replacement is less expensive and

more cost-effective than repair, renovation, or alteration of

the school facility.

(12) Revenue derived from local sources

The term ''revenue derived from local sources'' means -

(A) revenue produced within the boundaries of a local

educational agency and available to such agency for such

agency's use; or

(B) funds collected by another governmental unit, but

distributed back to a local educational agency in the same

proportion as such funds were collected as a local revenue

source.

(13) School facilities

The term ''school facilities'' includes -

(A) classrooms and related facilities; and

(B) equipment, machinery, and utilities necessary or

appropriate for school purposes.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8013, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3769; amended Pub. L.

106-398, Sec. 1 ((div. A), title XVIII, Sec. 1816), Oct. 30, 2000,

114 Stat. 1654, 1654A-387; Pub. L. 106-400, Sec. 2, Oct. 30, 2000,

114 Stat. 1675.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(5)(A)(ii)(III), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

The United States Housing Act of 1937, referred to in par.

(5)(A)(iii)(I), is act Sept. 1, 1937, ch. 896, as revised generally

by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat.

653, which is classified generally to chapter 8 (Sec. 1437 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1437 of Title 42 and Tables.

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in par. (5)(A)(iii)(III), (F)(i), is Pub. L.

104-330, Oct. 26, 1996, 110 Stat. 4016, as amended, which is

classified principally to chapter 43 (Sec. 4101 et seq.) of Title

25, Indians. For complete classification of this Act to the Code,

see Short Title note set out under section 4101 of Title 25 and

Tables.

Act of September 30, 1950 (Public Law 874, 81st Congress) (as

such Act was in effect on the day preceding October 20, 1994),

referred to in pars. (5)(F)(ii)(II) and (9)(B)(i), is act Sept. 30,

1950, ch. 1124, 64 Stat. 1100, as amended, which was classified

generally to chapter 13 (Sec. 236 et seq.) of this title prior to

repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct. 20, 1994,

108 Stat. 3965. Section 403 of the Act was classified to section

244 of this title. For complete classification of this Act to the

Code, see Tables.

-MISC2-

AMENDMENTS

2000 - Par. (5)(A)(iii)(II). Pub. L. 106-400 made technical

amendment to reference in original act which appears in text as

reference to section 11411 of title 42.

Par. (5)(A)(iii)(III). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1816(1)(A)), added subcl. (III).

Par. (5)(F)(i). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII,

Sec. 1816(1)(B)), substituted ''or authorized by the Native

American Housing Assistance and Self-Determination Act of 1996''

for ''the mutual help ownership opportunity program under section

202 of the United States Housing Act of 1937''.

Par. (8)(B). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1816(2)), substituted ''the 50 States and the District of

Columbia'' for ''all States''.

Pars. (11) to (13). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1816(3), (4)), added par. (11) and redesignated former

pars. (11) and (12) as (12) and (13), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7702, 7703a of this

title; title 10 section 2008; title 40 section 502.

-CITE-

20 USC Sec. 7713a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7713a. School facilities for children of Government employees

and other residents in Indian reservations, national parks, and

national monuments

-STATUTE-

In order to facilitate the providing of educational opportunities

for children of Government employees and other residents in Indian

reservations, the national parks and national monuments the

Secretary of the Interior is hereby authorized in his discretion to

make available for elementary school purposes therein, without

charge, space in Government-owned buildings, when such space may be

available for such purposes without detriment to the official

business of such Indian reservations, national parks and national

monuments.

-SOURCE-

(July 16, 1940, ch. 629, 54 Stat. 761.)

-COD-

CODIFICATION

Section was not enacted as part of the Elementary and Secondary

Education Act of 1965, which comprises this chapter.

Section was formerly classified to section 244a of this title.

Prior thereto, section was classified to section 76a of Title 5

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1228, 7707, 8512 of this

title.

-CITE-

20 USC Sec. 7714 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VIII - IMPACT AID

-HEAD-

Sec. 7714. Authorization of appropriations

-STATUTE-

(a) Payments for Federal acquisition of real property

For the purpose of making payments under section 7702 of this

title, there are authorized to be appropriated $32,000,000 for

fiscal year 2000 and such sums as may be necessary for each of the

seven succeeding fiscal years.

(b) Basic payments; payments for heavily impacted local educational

agencies

For the purpose of making payments under section 7703(b) of this

title, there are authorized to be appropriated $809,400,000 for

fiscal year 2000 and such sums as may be necessary for each of the

seven succeeding fiscal years.

(c) Payments for children with disabilities

For the purpose of making payments under section 7703(d) of this

title, there are authorized to be appropriated $50,000,000 for

fiscal year 2000 and such sums as may be necessary for each of the

seven succeeding fiscal years.

(d) Repealed. Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(d)), Oct. 30, 2000, 114 Stat. 1654, 1654A-388

(e) Construction

For the purpose of carrying out section 7707 of this title, there

are authorized to be appropriated $10,052,000 for fiscal year 2000

and such sums as may be necessary for fiscal year 2001,

$150,000,000 for fiscal year 2002, and such sums as may be

necessary for each of the five succeeding fiscal years.

(f) Facilities maintenance

For the purpose of carrying out section 7708 of this title, there

are authorized to be appropriated $5,000,000 for fiscal year 2000

and such sums as may be necessary for each of the seven succeeding

fiscal years.

-SOURCE-

(Pub. L. 89-10, title VIII, Sec. 8014, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3772; amended Pub. L.

105-78, title III, Nov. 13, 1997, 111 Stat. 1498; Pub. L. 106-398,

Sec. 1 ((div. A), title XVIII, Sec. 1817), Oct. 30, 2000, 114 Stat.

1654, 1654A-388; Pub. L. 107-110, title VIII, Sec. 805, Jan. 8,

2002, 115 Stat. 1956.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (c). Pub. L. 107-110, Sec. 805(a),

substituted ''seven succeeding fiscal years'' for ''three

succeeding fiscal years''.

Subsec. (e). Pub. L. 107-110, Sec. 805(b), substituted ''for

fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums

as may be necessary for each of the five succeeding fiscal years''

for ''for each of the three succeeding fiscal years''.

Subsec. (f). Pub. L. 107-110, Sec. 805(a), substituted ''seven

succeeding fiscal years'' for ''three succeeding fiscal years''.

Subsec. (g). Pub. L. 107-110, Sec. 805(c), struck out heading and

text of subsec. (g). Text read as follows: ''For the purpose of

carrying out section 7702(j) of this title there are authorized to

be appropriated $1,500,000 for fiscal year 2000 and such sums as

may be necessary for each of the three succeeding fiscal years.''

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title

XVIII, Sec. 1817(a)), substituted ''$32,000,000 for fiscal year

2000'' for ''$16,750,000 for fiscal year 1995'' and ''three'' for

''four''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(b)), substituted ''section 7703(b)'' for ''subsections (b) and

(f) of section 7703'', ''$809,400,000 for fiscal year 2000'' for

''$775,000,000 for fiscal year 1995'', and ''three'' for ''four''

and struck out '', of which 6 percent shall be available, until

expended, for each such fiscal year to carry out section 7703(f) of

this title'' before period at end.

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(c)), substituted ''$50,000,000 for fiscal year 2000'' for

''$45,000,000 for fiscal year 1995'' and ''three'' for ''four''.

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(d)), struck out heading and text of subsec. (d). Text read as

follows: ''For the purpose of making payments under section 7706 of

this title, there are authorized to be appropriated $2,000,000 for

fiscal year 1995 and such sums as may be necessary for each of the

four succeeding fiscal years.''

Subsec. (e). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(e)), substituted ''$10,052,000 for fiscal year 2000'' for

''$25,000,000 for fiscal year 1995'' and ''three'' for ''four''.

Subsec. (f). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(f)), substituted ''$5,000,000 for fiscal year 2000'' for

''$2,000,000 for fiscal year 1995'' and ''three'' for ''four''.

Subsec. (g). Pub. L. 106-398, Sec. 1 ((div. A), title XVIII, Sec.

1817(g)), amended heading and substituted ''$1,500,000 for fiscal

year 2000 and such sums as may be necessary for each of the three

succeeding fiscal years'' for ''such sums as are necessary

beginning in fiscal year 1998 and for each succeeding fiscal year''

in text.

1997 - Subsec. (g). Pub. L. 105-78 added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and

effective with respect to appropriations for use under this

subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110,

set out as an Effective Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7702, 7703, 7707, 7708 of

this title.

-CITE-

20 USC SUBCHAPTER IX - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER IX - GENERAL PROVISIONS

-COD-

CODIFICATION

Title IX of the Elementary and Secondary Education Act of 1965,

comprising this subchapter, was originally enacted as part of Pub.

L. 89-10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently

revised, restated, and amended by other public laws. Title IX is

shown, herein, as having been added by Pub. L. 107-110, title IX,

Sec. 901, Jan. 8, 2002, 115 Stat. 1956, without reference to

earlier amendments because of the extensive revision of the title's

provisions by Pub. L. 107-110. See Codification note preceding

section 6301 of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6312 of this title;

title 25 section 458e.

-CITE-

20 USC Part A - Definitions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part A - Definitions

.

-HEAD-

Part A - Definitions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 3423c of this title.

-CITE-

20 USC Sec. 7801 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 7801. Definitions

-STATUTE-

Except as otherwise provided, in this chapter:

(1) Average daily attendance

(A) In general

Except as provided otherwise by State law or this paragraph,

the term ''average daily attendance'' means -

(i) the aggregate number of days of attendance of all

students during a school year; divided by

(ii) the number of days school is in session during that

year.

(B) Conversion

The Secretary shall permit the conversion of average daily

membership (or other similar data) to average daily attendance

for local educational agencies in States that provide State aid

to local educational agencies on the basis of average daily

membership (or other similar data).

(C) Special rule

If the local educational agency in which a child resides

makes a tuition or other payment for the free public education

of the child in a school located in another school district,

the Secretary shall, for the purpose of this chapter -

(i) consider the child to be in attendance at a school of

the agency making the payment; and

(ii) not consider the child to be in attendance at a school

of the agency receiving the payment.

(D) Children with disabilities

If a local educational agency makes a tuition payment to a

private school or to a public school of another local

educational agency for a child with a disability, as defined in

section 1401 of this title, the Secretary shall, for the

purpose of this chapter, consider the child to be in attendance

at a school of the agency making the payment.

(2) Average per-pupil expenditure

The term ''average per-pupil expenditure'' means, in the case

of a State or of the United States -

(A) without regard to the source of funds -

(i) the aggregate current expenditures, during the third

fiscal year preceding the fiscal year for which the

determination is made (or, if satisfactory data for that year

are not available, during the most recent preceding fiscal

year for which satisfactory data are available) of all local

educational agencies in the State or, in the case of the

United States, for all States (which, for the purpose of this

paragraph, means the 50 States and the District of Columbia);

plus

(ii) any direct current expenditures by the State for the

operation of those agencies; divided by

(B) the aggregate number of children in average daily

attendance to whom those agencies provided free public

education during that preceding year.

(3) Beginning teacher

The term ''beginning teacher'' means a teacher in a public

school who has been teaching less than a total of three complete

school years.

(4) Child

The term ''child'' means any person within the age limits for

which the State provides free public education.

(5) Child with a disability

The term ''child with a disability'' has the same meaning given

that term in section 1401 of this title.

(6) Community-based organization

The term ''community-based organization'' means a public or

private nonprofit organization of demonstrated effectiveness that

-

(A) is representative of a community or significant segments

of a community; and

(B) provides educational or related services to individuals

in the community.

(7) Consolidated local application

The term ''consolidated local application'' means an

application submitted by a local educational agency pursuant to

section 7845 of this title.

(8) Consolidated local plan

The term ''consolidated local plan'' means a plan submitted by

a local educational agency pursuant to section 7845 of this

title.

(9) Consolidated State application

The term ''consolidated State application'' means an

application submitted by a State educational agency pursuant to

section 7842 of this title.

(10) Consolidated State plan

The term ''consolidated State plan'' means a plan submitted by

a State educational agency pursuant to section 7842 of this

title.

(11) Core academic subjects

The term ''core academic subjects'' means English, reading or

language arts, mathematics, science, foreign languages, civics

and government, economics, arts, history, and geography.

(12) County

The term ''county'' means one of the divisions of a State used

by the Secretary of Commerce in compiling and reporting data

regarding counties.

(13) Covered program

The term ''covered program'' means each of the programs

authorized by -

(A) part A of subchapter I of this chapter;

(B) subpart 3 of part B of subchapter I of this chapter;

(C) part C of subchapter I of this chapter;

(D) part D of subchapter I of this chapter;

(E) part F of subchapter I of this chapter;

(F) part A of subchapter II of this chapter;

(G) part D of subchapter II of this chapter;

(H) part A of subchapter III of this chapter;

(I) part A of subchapter IV of this chapter;

(J) part B of subchapter IV of this chapter;

(K) part A of subchapter V of this chapter; and

(L) subpart 2 of part B of subchapter VI of this chapter.

(14) Current expenditures

The term ''current expenditures'' means expenditures for free

public education -

(A) including expenditures for administration, instruction,

attendance and health services, pupil transportation services,

operation and maintenance of plant, fixed charges, and net

expenditures to cover deficits for food services and student

body activities; but

(B) not including expenditures for community services,

capital outlay, and debt service, or any expenditures made from

funds received under subchapter I of this chapter and part A of

subchapter V of this chapter.

(15) Department

The term ''Department'' means the Department of Education.

(16) Distance learning

The term ''distance learning'' means the transmission of

educational or instructional programming to geographically

dispersed individuals and groups via telecommunications.

(17) Educational service agency

The term ''educational service agency'' means a regional public

multiservice agency authorized by State statute to develop,

manage, and provide services or programs to local educational

agencies.

(18) Elementary school

The term ''elementary school'' means a nonprofit institutional

day or residential school, including a public elementary charter

school, that provides elementary education, as determined under

State law.

(19) Exemplary teacher

The term ''exemplary teacher'' means a teacher who -

(A) is a highly qualified teacher such as a master teacher;

(B) has been teaching for at least 5 years in a public or

private school or institution of higher education;

(C) is recommended to be an exemplary teacher by

administrators and other teachers who are knowledgeable about

the individual's performance;

(D) is currently teaching and based in a public school; and

(E) assists other teachers in improving instructional

strategies, improves the skills of other teachers, performs

teacher mentoring, develops curricula, and offers other

professional development.

(20) Family literacy services

The term ''family literacy services'' means services provided

to participants on a voluntary basis that are of sufficient

intensity in terms of hours, and of sufficient duration, to make

sustainable changes in a family, and that integrate all of the

following activities:

(A) Interactive literacy activities between parents and their

children.

(B) Training for parents regarding how to be the primary

teacher for their children and full partners in the education

of their children.

(C) Parent literacy training that leads to economic

self-sufficiency.

(D) An age-appropriate education to prepare children for

success in school and life experiences.

(21) Free public education

The term ''free public education'' means education that is

provided -

(A) at public expense, under public supervision and

direction, and without tuition charge; and

(B) as elementary school or secondary school education as

determined under applicable State law, except that the term

does not include any education provided beyond grade 12.

(22) Gifted and talented

The term ''gifted and talented'', when used with respect to

students, children, or youth, means students, children, or youth

who give evidence of high achievement capability in areas such as

intellectual, creative, artistic, or leadership capacity, or in

specific academic fields, and who need services or activities not

ordinarily provided by the school in order to fully develop those

capabilities.

(23) Highly qualified

The term ''highly qualified'' -

(A) when used with respect to any public elementary school or

secondary school teacher teaching in a State, means that -

(i) the teacher has obtained full State certification as a

teacher (including certification obtained through alternative

routes to certification) or passed the State teacher

licensing examination, and holds a license to teach in such

State, except that when used with respect to any teacher

teaching in a public charter school, the term means that the

teacher meets the requirements set forth in the State's

public charter school law; and

(ii) the teacher has not had certification or licensure

requirements waived on an emergency, temporary, or

provisional basis;

(B) when used with respect to -

(i) an elementary school teacher who is new to the

profession, means that the teacher -

(I) holds at least a bachelor's degree; and

(II) has demonstrated, by passing a rigorous State test,

subject knowledge and teaching skills in reading, writing,

mathematics, and other areas of the basic elementary school

curriculum (which may consist of passing a State-required

certification or licensing test or tests in reading,

writing, mathematics, and other areas of the basic

elementary school curriculum); or

(ii) a middle or secondary school teacher who is new to the

profession, means that the teacher holds at least a

bachelor's degree and has demonstrated a high level of

competency in each of the academic subjects in which the

teacher teaches by -

(I) passing a rigorous State academic subject test in

each of the academic subjects in which the teacher teaches

(which may consist of a passing level of performance on a

State-required certification or licensing test or tests in

each of the academic subjects in which the teacher

teaches); or

(II) successful completion, in each of the academic

subjects in which the teacher teaches, of an academic

major, a graduate degree, coursework equivalent to an

undergraduate academic major, or advanced certification or

credentialing; and

(C) when used with respect to an elementary, middle, or

secondary school teacher who is not new to the profession,

means that the teacher holds at least a bachelor's degree and -

(i) has met the applicable standard in clause (i) or (ii)

of subparagraph (B), which includes an option for a test; or

(ii) demonstrates competence in all the academic subjects

in which the teacher teaches based on a high objective

uniform State standard of evaluation that -

(I) is set by the State for both grade appropriate

academic subject matter knowledge and teaching skills;

(II) is aligned with challenging State academic content

and student academic achievement standards and developed in

consultation with core content specialists, teachers,

principals, and school administrators;

(III) provides objective, coherent information about the

teacher's attainment of core content knowledge in the

academic subjects in which a teacher teaches;

(IV) is applied uniformly to all teachers in the same

academic subject and the same grade level throughout the

State;

(V) takes into consideration, but not be based primarily

on, the time the teacher has been teaching in the academic

subject;

(VI) is made available to the public upon request; and

(VII) may involve multiple, objective measures of teacher

competency.

(24) Institution of higher education

The term ''institution of higher education'' has the meaning

given that term in section 1001(a) of this title.

(25) Limited English proficient

The term ''limited English proficient'', when used with respect

to an individual, means an individual -

(A) who is aged 3 through 21;

(B) who is enrolled or preparing to enroll in an elementary

school or secondary school;

(C)(i) who was not born in the United States or whose native

language is a language other than English;

(ii)(I) who is a Native American or Alaska Native, or a

native resident of the outlying areas; and

(II) who comes from an environment where a language other

than English has had a significant impact on the individual's

level of English language proficiency; or

(iii) who is migratory, whose native language is a language

other than English, and who comes from an environment where a

language other than English is dominant; and

(D) whose difficulties in speaking, reading, writing, or

understanding the English language may be sufficient to deny

the individual -

(i) the ability to meet the State's proficient level of

achievement on State assessments described in section

6311(b)(3) of this title;

(ii) the ability to successfully achieve in classrooms

where the language of instruction is English; or

(iii) the opportunity to participate fully in society.

(26) Local educational agency

(A) In general

The term ''local educational agency'' means a public board of

education or other public authority legally constituted within

a State for either administrative control or direction of, or

to perform a service function for, public elementary schools or

secondary schools in a city, county, township, school district,

or other political subdivision of a State, or of or for a

combination of school districts or counties that is recognized

in a State as an administrative agency for its public

elementary schools or secondary schools.

(B) Administrative control and direction

The term includes any other public institution or agency

having administrative control and direction of a public

elementary school or secondary school.

(C) BIA schools

The term includes an elementary school or secondary school

funded by the Bureau of Indian Affairs but only to the extent

that including the school makes the school eligible for

programs for which specific eligibility is not provided to the

school in another provision of law and the school does not have

a student population that is smaller than the student

population of the local educational agency receiving assistance

under this chapter with the smallest student population, except

that the school shall not be subject to the jurisdiction of any

State educational agency other than the Bureau of Indian

Affairs.

(D) Educational service agencies

The term includes educational service agencies and consortia

of those agencies.

(E) State educational agency

The term includes the State educational agency in a State in

which the State educational agency is the sole educational

agency for all public schools.

(27) Mentoring

The term ''mentoring'', except when used to refer to teacher

mentoring, means a process by which a responsible adult,

postsecondary student, or secondary school student works with a

child to provide a positive role model for the child, to

establish a supportive relationship with the child, and to

provide the child with academic assistance and exposure to new

experiences and examples of opportunity that enhance the ability

of the child to become a responsible adult.

(28) Native American and Native American language

The terms ''Native American'' and ''Native American language''

have the same meaning given those terms in section 2902 of title

25. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(29) Other staff

The term ''other staff'' means pupil services personnel,

librarians, career guidance and counseling personnel, education

aides, and other instructional and administrative personnel.

(30) Outlying area

The term ''outlying area'' means the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands, and for the purpose of section 6331(b)

of this title and any other discretionary grant program under

this chapter, includes the freely associated states of the

Republic of the Marshall Islands, the Federated States of

Micronesia, and the Republic of Palau until an agreement for the

extension of United States education assistance under the Compact

of Free Association for each of the freely associated states

becomes effective after January 8, 2002.

(31) Parent

The term ''parent'' includes a legal guardian or other person

standing in loco parentis (such as a grandparent or stepparent

with whom the child lives, or a person who is legally responsible

for the child's welfare).

(32) Parental involvement

The term ''parental involvement'' means the participation of

parents in regular, two-way, and meaningful communication

involving student academic learning and other school activities,

including ensuring -

(A) that parents play an integral role in assisting their

child's learning;

(B) that parents are encouraged to be actively involved in

their child's education at school;

(C) that parents are full partners in their child's education

and are included, as appropriate, in decisionmaking and on

advisory committees to assist in the education of their child;

(D) the carrying out of other activities, such as those

described in section 6318 of this title.

(33) Poverty line

The term ''poverty line'' means the poverty line (as defined by

the Office of Management and Budget and revised annually in

accordance with section 9902(2) of title 42) applicable to a

family of the size involved.

(34) Professional development

The term ''professional development'' -

(A) includes activities that -

(i) improve and increase teachers' knowledge of the

academic subjects the teachers teach, and enable teachers to

become highly qualified;

(ii) are an integral part of broad schoolwide and

districtwide educational improvement plans;

(iii) give teachers, principals, and administrators the

knowledge and skills to provide students with the opportunity

to meet challenging State academic content standards and

student academic achievement standards;

(iv) improve classroom management skills;

(v)(I) are high quality, sustained, intensive, and

classroom-focused in order to have a positive and lasting

impact on classroom instruction and the teacher's performance

in the classroom; and

(II) are not 1-day or short-term workshops or conferences;

(vi) support the recruiting, hiring, and training of highly

qualified teachers, including teachers who became highly

qualified through State and local alternative routes to

certification;

(vii) advance teacher understanding of effective

instructional strategies that are -

(I) based on scientifically based research (except that

this subclause shall not apply to activities carried out

under part D of subchapter II of this chapter); and

(II) strategies for improving student academic

achievement or substantially increasing the knowledge and

teaching skills of teachers; and

(viii) are aligned with and directly related to -

(I) State academic content standards, student academic

achievement standards, and assessments; and

(II) the curricula and programs tied to the standards

described in subclause (I) except that this subclause shall

not apply to activities described in clauses (ii) and (iii)

of section 6623(3)(B) (FOOTNOTE 2) of this title;

(FOOTNOTE 2) So in original. Probably should be section

''6623(a)(3)(B)''.

(ix) are developed with extensive participation of

teachers, principals, parents, and administrators of schools

to be served under this chapter;

(x) are designed to give teachers of limited English

proficient children, and other teachers and instructional

staff, the knowledge and skills to provide instruction and

appropriate language and academic support services to those

children, including the appropriate use of curricula and

assessments;

(xi) to the extent appropriate, provide training for

teachers and principals in the use of technology so that

technology and technology applications are effectively used

in the classroom to improve teaching and learning in the

curricula and core academic subjects in which the teachers

teach;

(xii) as a whole, are regularly evaluated for their impact

on increased teacher effectiveness and improved student

academic achievement, with the findings of the evaluations

used to improve the quality of professional development;

(xiii) provide instruction in methods of teaching children

with special needs;

(xiv) include instruction in the use of data and

assessments to inform and instruct classroom practice; and

(xv) include instruction in ways that teachers, principals,

pupil services personnel, and school administrators may work

more effectively with parents; and

(B) may include activities that -

(i) involve the forming of partnerships with institutions

of higher education to establish school-based teacher

training programs that provide prospective teachers and

beginning teachers with an opportunity to work under the

guidance of experienced teachers and college faculty;

(ii) create programs to enable paraprofessionals (assisting

teachers employed by a local educational agency receiving

assistance under part A of subchapter I of this chapter) to

obtain the education necessary for those paraprofessionals to

become certified and licensed teachers; and

(iii) provide follow-up training to teachers who have

participated in activities described in subparagraph (A) or

another clause of this subparagraph that are designed to

ensure that the knowledge and skills learned by the teachers

are implemented in the classroom.

(35) Public telecommunications entity

The term ''public telecommunications entity'' has the meaning

given that term in section 397(12) of title 47.

(36) Pupil services personnel; pupil services

(A) Pupil services personnel

The term ''pupil services personnel'' means school

counselors, school social workers, school psychologists, and

other qualified professional personnel involved in providing

assessment, diagnosis, counseling, educational, therapeutic,

and other necessary services (including related services as

that term is defined in section 1401 of this title) as part of

a comprehensive program to meet student needs.

(B) Pupil services

The term ''pupil services'' means the services provided by

pupil services personnel.

(37) Scientifically based research

The term ''scientifically based research'' -

(A) means research that involves the application of rigorous,

systematic, and objective procedures to obtain reliable and

valid knowledge relevant to education activities and programs;

and

(B) includes research that -

(i) employs systematic, empirical methods that draw on

observation or experiment;

(ii) involves rigorous data analyses that are adequate to

test the stated hypotheses and justify the general

conclusions drawn;

(iii) 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;

(iv) 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;

(v) 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

(vi) has been accepted by a peer-reviewed journal or

approved by a panel of independent experts through a

comparably rigorous, objective, and scientific review.

(38) Secondary school

The term ''secondary school'' means a nonprofit institutional

day or residential school, including a public secondary charter

school, that provides secondary education, as determined under

State law, except that the term does not include any education

beyond grade 12.

(39) Secretary

The term ''Secretary'' means the Secretary of Education.

State (FOOTNOTE 3)

(FOOTNOTE 3) So in original. Probably should be preceded by

paragraph designation ''(40)''.

The term ''State'' means each of the 50 States, the District of

Columbia, the Commonwealth of Puerto Rico, and each of the

outlying areas.

(41) State educational agency

The term ''State educational agency'' means the agency

primarily responsible for the State supervision of public

elementary schools and secondary schools.

(42) Teacher mentoring

The term ''teacher mentoring'' means activities that -

(A) consist of structured guidance and regular and ongoing

support for teachers, especially beginning teachers, that -

(i) are designed to help the teachers continue to improve

their practice of teaching and to develop their instructional

skills; and

part (FOOTNOTE 4) of an ongoing developmental induction

process -

(FOOTNOTE 4) So in original. Probably should be preceded by

''(ii) as''.

(I) involve the assistance of an exemplary teacher and

other appropriate individuals from a school, local

educational agency, or institution of higher education; and

(II) may include coaching, classroom observation, team

teaching, and reduced teaching loads; and

(B) may include the establishment of a partnership by a local

educational agency with an institution of higher education,

another local educational agency, a teacher organization, or

another organization.

(43) Technology

The term ''technology'' means state-of-the-art technology

products and services.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9101, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1956.)

-REFTEXT-

REFERENCES IN TEXT

Section 2902 of title 25, referred to in par. (28), was in the

original ''section 103 of the Native American Languages Act of

1990'', which was translated as meaning section 103 of the Native

American Languages Act, Pub. L. 101-477, to reflect the probable

intent of Congress.

-MISC2-

REFERENCES TO PART A OF SUBCHAPTER III CONSIDERED TO BE REFERENCES

TO PART B OF SUBCHAPTER III

References to part A of subchapter III of this chapter are

considered to be references to part B of subchapter III of this

chapter in certain fiscal years. See section 6801(c) of this

title.

PRIOR PROVISIONS

A prior section 7801, Pub. L. 89-10, title IX, Sec. 9101, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3773, set forth findings regarding Indian education, prior to the

general amendment of this subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1003, 1687, 2302, 3902,

4020, 4514, 5502, 5891a, 6612, 6613, 6623, 6641, 9202, 9501, 9543,

9601 of this title; title 2 sections 117b-2, 117e; title 7 section

3152; title 10 section 2194; title 15 sections 2642, 2662; title 25

section 2021; title 26 section 1397E; title 29 sections 762, 794,

2618, 2801; title 42 sections 300j-21, 2000d-4a, 6107, 7382b, 9877,

9923, 11434a, 12511; title 47 section 254.

-CITE-

20 USC Sec. 7802 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 7802. Applicability of subchapter

-STATUTE-

Parts B, C, D, and E of this subchapter do not apply to

subchapter VIII of this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9102, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1966.)

-MISC1-

PRIOR PROVISIONS

A prior section 7802, Pub. L. 89-10, title IX, Sec. 9102, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3774, set out purpose of provisions relating to Indian education,

prior to the general amendment of this subchapter by Pub. L.

107-110. See section 7402 of this title.

-CITE-

20 USC Sec. 7803 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 7803. Applicability to Bureau of Indian Affairs operated

schools

-STATUTE-

For the purpose of any competitive program under this chapter -

(1) a consortium of schools operated by the Bureau of Indian

Affairs;

(2) a school operated under a contract or grant with the Bureau

of Indian Affairs in consortium with another contract or grant

school or a tribal or community organization; or

(3) a Bureau of Indian Affairs school in consortium with an

institution of higher education, a contract or grant school, or a

tribal or community organization,

shall be given the same consideration as a local educational

agency.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9103, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1966.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7811 to 7818 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7811, Pub. L. 89-10, title IX, Sec. 9111, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3774, set

forth purpose of provisions relating to formula grants to local

educational agencies. See section 7421 of this title.

Section 7812, Pub. L. 89-10, title IX, Sec. 9112, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3774;

amended Pub. L. 104-5, Sec. 1, Mar. 23, 1995, 109 Stat. 72, related

to grants to local educational agencies. See section 7422 of this

title.

Section 7813, Pub. L. 89-10, title IX, Sec. 9113, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3775,

related to amount of grants. See section 7423 of this title.

Section 7814, Pub. L. 89-10, title IX, Sec. 9114, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3776,

related to applications for grants. See section 7424 of this

title.

Section 7815, Pub. L. 89-10, title IX, Sec. 9115, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3778;

amended Pub. L. 105-332, Sec. 3(c)(2), Oct. 31, 1998, 112 Stat.

3125, related to authorized services and activities. See section

7425 of this title.

Section 7816, Pub. L. 89-10, title IX, Sec. 9116, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3779,

related to student eligibility forms. See section 7427 of this

title.

Section 7817, Pub. L. 89-10, title IX, Sec. 9117, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3781,

related to payments. See section 7428 of this title.

Section 7818, Pub. L. 89-10, title IX, Sec. 9118, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3782,

related to State educational agency review. See section 7429 of

this title.

-CITE-

20 USC Part B - Flexibility in the Use of Administrative

and Other Funds 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

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

.

-HEAD-

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

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 7802 of this title.

-CITE-

20 USC Sec. 7821 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

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

-HEAD-

Sec. 7821. Consolidation of State administrative funds for

elementary and secondary education programs

-STATUTE-

(a) Consolidation of administrative funds

(1) In general

A State educational agency may consolidate the amounts

specifically made available to it for State administration under

one or more of the programs under paragraph (2) if the State

educational agency can demonstrate that the majority of its

resources are derived from non-Federal sources.

(2) Applicability

This section applies to any program under this chapter under

which funds are authorized to be used for administration, and

such other programs as the Secretary may designate.

(b) Use of funds

(1) In general

A State educational agency shall use the amount available under

this section for the administration of the programs included in

the consolidation under subsection (a) of this section.

(2) Additional uses

A State educational agency may also use funds available under

this section for administrative activities designed to enhance

the effective and coordinated use of funds under programs

included in the consolidation under subsection (a) of this

section, such as -

(A) the coordination of those programs with other Federal and

non-Federal programs;

(B) the establishment and operation of peer-review mechanisms

under this chapter;

(C) the administration of this subchapter;

(D) the dissemination of information regarding model programs

and practices;

(E) technical assistance under any program under this

chapter;

(F) State-level activities designed to carry out this

subchapter;

(G) training personnel engaged in audit and other monitoring

activities; and

(H) implementation of the Cooperative Audit Resolution and

Oversight Initiative of the Department.

(c) Records

A State educational agency that consolidates administrative funds

under this section shall not be required to keep separate records,

by individual program, to account for costs relating to the

administration of programs included in the consolidation under

subsection (a) of this section.

(d) Review

To determine the effectiveness of State administration under this

section, the Secretary may periodically review the performance of

State educational agencies in using consolidated administrative

funds under this section and take such steps as the Secretary finds

appropriate to ensure the effectiveness of that administration.

(e) Unused administrative funds

If a State educational agency does not use all of the funds

available to the agency under this section for administration, the

agency may use those funds during the applicable period of

availability as funds available under one or more programs included

in the consolidation under subsection (a) of this section.

(f) Consolidation of funds for standards and assessment development

In order to develop challenging State academic standards and

assessments, a State educational agency may consolidate the amounts

described in subsection (a) of this section for those purposes

under subchapter I of this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9201, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1966.)

-MISC1-

PRIOR PROVISIONS

A prior section 9201 of Pub. L. 89-10 was classified to section

7901 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7823 of this title.

-CITE-

20 USC Sec. 7822 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

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

-HEAD-

Sec. 7822. Single local educational agency States

-STATUTE-

A State educational agency that also serves as a local

educational agency shall, in its applications or plans under this

chapter, describe how the agency will eliminate duplication in

conducting administrative functions.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9202, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1967.)

-MISC1-

PRIOR PROVISIONS

A prior section 9202 of Pub. L. 89-10 was classified to section

7902 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7823 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

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

-HEAD-

Sec. 7823. Consolidation of funds for local administration.

-STATUTE-

(a) General authority

In accordance with regulations of the Secretary and for any

fiscal year, a local educational agency, with the approval of its

State educational agency, may consolidate and use for the

administration of one or more programs under this chapter (or such

other programs as the Secretary shall designate) not more than the

percentage, established in each program, of the total available for

the local educational agency under those programs.

(b) State procedures

Within 1 year after January 8, 2002, a State educational agency

shall, in collaboration with local educational agencies in the

State, establish procedures for responding to requests from local

educational agencies to consolidate administrative funds under

subsection (a) of this section and for establishing limitations on

the amount of funds under those programs that may be used for

administration on a consolidated basis.

(c) Conditions

A local educational agency that consolidates administrative funds

under this section for any fiscal year shall not use any other

funds under the programs included in the consolidation for

administration for that fiscal year.

(d) Uses of administrative funds

A local educational agency that consolidates administrative funds

under this section may use the consolidated funds for the

administration of the programs and for uses, at the school district

and school levels, comparable to those described in section

7821(b)(2) of this title.

(e) Records

A local educational agency that consolidates administrative funds

under this section shall not be required to keep separate records,

by individual program, to account for costs relating to the

administration of the programs included in the consolidation.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9203, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1967.)

-MISC1-

PRIOR PROVISIONS

A prior section 9203 of Pub. L. 89-10 was classified to section

7903 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7824 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

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

-HEAD-

Sec. 7824. Consolidated set-aside for Department of the Interior

funds

-STATUTE-

(a) General authority

(1) Transfer

The Secretary shall transfer to the Department of the Interior,

as a consolidated amount for covered programs, the Indian

education programs under part A of subchapter VII of this

chapter, and the education for homeless children and youth

program under subtitle B of title VII of the McKinney-Vento

Homeless Assistance Act (42 U.S.C. 11431 et seq.), the amounts

allotted to the Department of the Interior under those programs.

(2) Agreement

(A) In general

The Secretary and the Secretary of the Interior shall enter

into an agreement, consistent with the requirements of the

programs specified in paragraph (1), for the distribution and

use of those program funds under terms that the Secretary

determines best meet the purposes of those programs.

(B) Contents

The agreement shall -

(i) set forth the plans of the Secretary of the Interior

for the use of the amount transferred and the achievement

measures to assess program effectiveness, including

measurable goals and objectives; and

(ii) be developed in consultation with Indian tribes.

(b) Administration

The Department of the Interior may use not more than 1.5 percent

of the funds consolidated under this section for its costs related

to the administration of the funds transferred under this section.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9204, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1968.)

-REFTEXT-

REFERENCES IN TEXT

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (a)(1), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended. Subtitle B of title VII of the Act is classified

generally to part B (Sec. 11431 et seq.) of subchapter VI of

chapter 119 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 11301 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 9204 of Pub. L. 89-10 was classified to section

7904 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

Prior sections 7831 to 7835 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7831, Pub. L. 89-10, title IX, Sec. 9121, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3782,

related to improvement of educational opportunities for Indian

children. See section 7441 of this title.

Section 7832, Pub. L. 89-10, title IX, Sec. 9122, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3784,

related to professional development. See section 7442 of this

title.

Section 7833, Pub. L. 89-10, title IX, Sec. 9123, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3786,

authorized fellowships for Indian students. See section 7453 of

this title.

Section 7834, Pub. L. 89-10, title IX, Sec. 9124, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3787;

amended Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112

Stat. 1828, related to gifted and talented Indian students. See

section 7454 of this title.

Section 7835, Pub. L. 89-10, title IX, Sec. 9125, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3789,

related to grants to tribes for education administrative planning

and development. See section 7455 of this title.

-CITE-

20 USC Part C - Coordination of Programs; Consolidated

State and Local Plans and Applications 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

.

-HEAD-

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 7802 of this title.

-CITE-

20 USC Sec. 7841 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7841. Purposes

-STATUTE-

The purposes of this part are -

(1) to improve teaching and learning by encouraging greater

cross-program coordination, planning, and service delivery;

(2) to provide greater flexibility to State and local

authorities through consolidated plans, applications, and

reporting; and

(3) to enhance the integration of programs under this chapter

with State and local programs.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9301, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1968.)

-MISC1-

PRIOR PROVISIONS

A prior section 9301 of Pub. L. 89-10 was classified to section

7931 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7842 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7842. Optional consolidated State plans or applications

-STATUTE-

(a) General authority

(1) Simplification

In order to simplify application requirements and reduce the

burden for State educational agencies under this chapter, the

Secretary, in accordance with subsection (b) of this section,

shall establish procedures and criteria under which, after

consultation with the Governor, a State educational agency may

submit a consolidated State plan or a consolidated State

application meeting the requirements of this section for -

(A) each of the covered programs in which the State

participates; and

(B) such other programs as the Secretary may designate.

(2) Consolidated applications and plans

After consultation with the Governor, a State educational

agency that submits a consolidated State plan or a consolidated

State application under this section shall not be required to

submit separate State plans or applications under any of the

programs to which the consolidated State plan or consolidated

State application under this section applies.

(b) Collaboration

(1) In general

In establishing criteria and procedures under this section, the

Secretary shall collaborate with State educational agencies and,

as appropriate, with other State agencies, local educational

agencies, public and private nonprofit agencies, organizations,

and institutions, private schools, and representatives of

parents, students, and teachers.

(2) Contents

Through the collaborative process described in paragraph (1),

the Secretary shall establish, for each program under this

chapter to which this section applies, the descriptions,

information, assurances, and other material required to be

included in a consolidated State plan or consolidated State

application.

(3) Necessary materials

The Secretary shall require only descriptions, information,

assurances (including assurances of compliance with applicable

provisions regarding participation by private school children and

teachers), and other materials that are absolutely necessary for

the consideration of the consolidated State plan or consolidated

State application.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9302, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1968.)

-MISC1-

PRIOR PROVISIONS

A prior section 9302 of Pub. L. 89-10 was classified to section

7932 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6396, 6823, 7801,

7844, 7845 of this title.

-CITE-

20 USC Sec. 7843 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7843. Consolidated reporting

-STATUTE-

(a) In general

In order to simplify reporting requirements and reduce reporting

burdens, the Secretary shall establish procedures and criteria

under which a State educational agency, in consultation with the

Governor of the State, may submit a consolidated State annual

report.

(b) Contents

The report shall contain information about the programs included

in the report, including the performance of the State under those

programs, and other matters as the Secretary determines are

necessary, such as monitoring activities.

(c) Replacement

The report shall replace separate individual annual reports for

the programs included in the consolidated State annual report.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9303, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1969.)

-MISC1-

PRIOR PROVISIONS

A prior section 9303 of Pub. L. 89-10 was classified to section

7933 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7844 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7844. General applicability of State educational agency

assurances

-STATUTE-

(a) Assurances

A State educational agency, in consultation with the Governor of

the State, that submits a consolidated State plan or consolidated

State application under this chapter, whether separately or under

section 7842 of this title, shall have on file with the Secretary a

single set of assurances, applicable to each program for which the

plan or application is submitted, that provides that -

(1) each such program will be administered in accordance with

all applicable statutes, regulations, program plans, and

applications;

(2)(A) the control of funds provided under each such program

and title to property acquired with program funds will be in a

public agency, a nonprofit private agency, institution, or

organization, or an Indian tribe, if the law authorizing the

program provides for assistance to those entities; and

(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer those funds and

property to the extent required by the authorizing law;

(3) the State will adopt and use proper methods of

administering each such program, including -

(A) the enforcement of any obligations imposed by law on

agencies, institutions, organizations, and other recipients

responsible for carrying out each program;

(B) the correction of deficiencies in program operations that

are identified through audits, monitoring, or evaluation; and

(C) the adoption of written procedures for the receipt and

resolution of complaints alleging violations of law in the

administration of the programs;

(4) the State will cooperate in carrying out any evaluation of

each such program conducted by or for the Secretary or other

Federal officials;

(5) the State will use such fiscal control and fund accounting

procedures as will ensure proper disbursement of, and accounting

for, Federal funds paid to the State under each such program;

(6) the State will -

(A) make reports to the Secretary as may be necessary to

enable the Secretary to perform the Secretary's duties under

each such program; and

(B) maintain such records, provide such information to the

Secretary, and afford such access to the records as the

Secretary may find necessary to carry out the Secretary's

duties; and

(7) before the plan or application was submitted to the

Secretary, the State afforded a reasonable opportunity for public

comment on the plan or application and considered such comment.

(b) GEPA provision

Section 441 of the General Education Provisions Act (20 U.S.C.

1232d) shall not apply to programs under this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9304, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1969.)

-MISC1-

PRIOR PROVISIONS

A prior section 9304 of Pub. L. 89-10 was classified to section

7934 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7845 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7845. Consolidated local plans or applications

-STATUTE-

(a) General authority

(1) Consolidated plan

A local educational agency receiving funds under more than one

covered program may submit plans or applications to the State

educational agency under those programs on a consolidated basis.

(2) Availability to Governor

The State educational agency shall make any consolidated local

plans and applications available to the Governor.

(b) Required consolidated plans or applications

A State educational agency that has an approved consolidated

State plan or application under section 7842 of this title may

require local educational agencies in the State receiving funds

under more than one program included in the consolidated State plan

or consolidated State application to submit consolidated local

plans or applications under those programs, but may not require

those agencies to submit separate plans.

(c) Collaboration

A State educational agency, in consultation with the Governor,

shall collaborate with local educational agencies in the State in

establishing procedures for the submission of the consolidated

State plans or consolidated State applications under this section.

(d) Necessary materials

The State educational agency shall require only descriptions,

information, assurances, and other material that are absolutely

necessary for the consideration of the local educational agency

plan or application.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9305, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1970.)

-MISC1-

PRIOR PROVISIONS

A prior section 9305 of Pub. L. 89-10 was classified to section

7935 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6312, 6381f, 7801, 7846

of this title.

-CITE-

20 USC Sec. 7846 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 7846. Other general assurances

-STATUTE-

(a) Assurances

Any applicant, other than a State educational agency that submits

a plan or application under this chapter, whether separately or

pursuant to section 7845 of this title, shall have on file with the

State educational agency a single set of assurances, applicable to

each program for which a plan or application is submitted, that

provides that -

(1) each such program will be administered in accordance with

all applicable statutes, regulations, program plans, and

applications;

(2)(A) the control of funds provided under each such program

and title to property acquired with program funds will be in a

public agency or in a nonprofit private agency, institution,

organization, or Indian tribe, if the law authorizing the program

provides for assistance to those entities; and

(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer the funds and

property to the extent required by the authorizing statutes;

(3) the applicant will adopt and use proper methods of

administering each such program, including -

(A) the enforcement of any obligations imposed by law on

agencies, institutions, organizations, and other recipients

responsible for carrying out each program; and

(B) the correction of deficiencies in program operations that

are identified through audits, monitoring, or evaluation;

(4) the applicant will cooperate in carrying out any evaluation

of each such program conducted by or for the State educational

agency, the Secretary, or other Federal officials;

(5) the applicant will use such fiscal control and fund

accounting procedures as will ensure proper disbursement of, and

accounting for, Federal funds paid to the applicant under each

such program;

(6) the applicant will -

(A) submit such reports to the State educational agency

(which shall make the reports available to the Governor) and

the Secretary as the State educational agency and Secretary may

require to enable the State educational agency and the

Secretary to perform their duties under each such program; and

(B) maintain such records, provide such information, and

afford such access to the records as the State educational

agency (after consultation with the Governor) or the Secretary

may reasonably require to carry out the State educational

agency's or the Secretary's duties; and

(7) before the application was submitted, the applicant

afforded a reasonable opportunity for public comment on the

application and considered such comment.

(b) GEPA provision

Section 442 of the General Education Provisions Act (20 U.S.C.

1232e) shall not apply to programs under this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9306, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1971.)

-MISC1-

PRIOR PROVISIONS

A prior section 9306 of Pub. L. 89-10 was classified to section

7936 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 7851, Pub. L. 89-10, title IX, Sec. 9131, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3790, which related to improvement of educational opportunities for

adult Indians, was omitted in the general amendment of this

subchapter by Pub. L. 107-110. See section 7456 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7113, 7114 of this title.

-CITE-

20 USC Part D - Waivers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part D - Waivers

.

-HEAD-

Part D - Waivers

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 6311, 7802 of this title.

-CITE-

20 USC Sec. 7861 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part D - Waivers

-HEAD-

Sec. 7861. Waivers of statutory and regulatory requirements

-STATUTE-

(a) In general

Except as provided in subsection (c) of this section, the

Secretary may waive any statutory or regulatory requirement of this

chapter for a State educational agency, local educational agency,

Indian tribe, or school through a local educational agency, that -

(1) receives funds under a program authorized by this chapter;

and

(2) requests a waiver under subsection (b) of this section.

(b) Request for waiver

(1) In general

A State educational agency, local educational agency, or Indian

tribe that desires a waiver shall submit a waiver request to the

Secretary that -

(A) identifies the Federal programs affected by the requested

waiver;

(B) describes which Federal statutory or regulatory

requirements are to be waived and how the waiving of those

requirements will -

(i) increase the quality of instruction for students; and

(ii) improve the academic achievement of students;

(C) describes, for each school year, specific, measurable

educational goals, in accordance with section 6311(b) of this

title, for the State educational agency and for each local

educational agency, Indian tribe, or school that would be

affected by the waiver and the methods to be used to measure

annually such progress for meeting such goals and outcomes;

(D) explains how the waiver will assist the State educational

agency and each affected local educational agency, Indian

tribe, or school in reaching those goals; and

(E) describes how schools will continue to provide assistance

to the same populations served by programs for which waivers

are requested.

(2) Additional information

Such requests -

(A) may provide for waivers of requirements applicable to

State educational agencies, local educational agencies, Indian

tribes, and schools; and

(B) shall be developed and submitted -

(i)(I) by local educational agencies (on behalf of those

agencies and schools) to State educational agencies; and

(II) by State educational agencies (on behalf of, and based

on the requests of, local educational agencies) to the

Secretary; or

(ii) by Indian tribes (on behalf of schools operated by the

tribes) to the Secretary.

(3) General requirements

(A) State educational agencies

In the case of a waiver request submitted by a State

educational agency acting on its own behalf, the State

educational agency shall -

(i) provide all interested local educational agencies in

the State with notice and a reasonable opportunity to comment

on the request;

(ii) submit the comments to the Secretary; and

(iii) provide notice and information to the public

regarding the waiver request in the manner in which the

applying agency customarily provides similar notices and

information to the public.

(B) Local educational agencies

In the case of a waiver request submitted by a local

educational agency that receives funds under this chapter -

(i) the request shall be reviewed by the State educational

agency and be accompanied by the comments, if any, of the

State educational agency; and

(ii) notice and information regarding the waiver request

shall be provided to the public by the agency requesting the

waiver in the manner in which that agency customarily

provides similar notices and information to the public.

(c) Restrictions

The Secretary shall not waive under this section any statutory or

regulatory requirements relating to -

(1) the allocation or distribution of funds to States, local

educational agencies, or other recipients of funds under this

chapter;

(2) maintenance of effort;

(3) comparability of services;

(4) use of Federal funds to supplement, not supplant,

non-Federal funds;

(5) equitable participation of private school students and

teachers;

(6) parental participation and involvement;

(7) applicable civil rights requirements;

(8) the requirement for a charter school under subpart 1 of

part B of subchapter V of this chapter;

(9) the prohibitions regarding -

(A) State aid in section 7902 of this title;

(B) use of funds for religious worship or instruction in

section 7885 of this title; and

(C) activities in section 7906 of this title; or

(10) the selection of a school attendance area or school under

subsections (a) and (b) of section 6313 of this title, except

that the Secretary may grant a waiver to allow a school

attendance area or school to participate in activities under part

A of subchapter I of this chapter if the percentage of children

from low-income families in the school attendance area or who

attend the school is not more than 10 percentage points below the

lowest percentage of those children for any school attendance

area or school of the local educational agency that meets the

requirements of subsections (a) and (b) of section 6313 of this

title.

(d) Duration and extension of waiver

(1) In general

Except as provided in paragraph (2), a waiver approved by the

Secretary under this section may be for a period not to exceed 4

years.

(2) Extension

The Secretary may extend the period described in paragraph (1)

if the Secretary determines that -

(A) the waiver has been effective in enabling the State or

affected recipient to carry out the activities for which the

waiver was requested and the waiver has contributed to improved

student achievement; and

(B) the extension is in the public interest.

(e) Reports

(1) Local waiver

A local educational agency that receives a waiver under this

section shall, at the end of the second year for which a waiver

is received under this section and each subsequent year, submit a

report to the State educational agency that -

(A) describes the uses of the waiver by the agency or by

schools;

(B) describes how schools continued to provide assistance to

the same populations served by the programs for which waivers

were granted; and

(C) evaluates the progress of the agency and of schools in

improving the quality of instruction or the academic

achievement of students.

(2) State waiver

A State educational agency that receives reports required under

paragraph (1) shall annually submit a report to the Secretary

that is based on those reports and contains such information as

the Secretary may require.

(3) Indian tribe waiver

An Indian tribe that receives a waiver under this section shall

annually submit a report to the Secretary that -

(A) describes the uses of the waiver by schools operated by

the tribe; and

(B) evaluates the progress of those schools in improving the

quality of instruction or the academic achievement of students.

(4) Report to Congress

Beginning in fiscal year 2002 and for each subsequent year, the

Secretary shall submit to the Committee on Education and the

Workforce of the House of Representatives and the Committee on

Health, Education, Labor, and Pensions of the Senate a report -

(A) summarizing the uses of waivers by State educational

agencies, local educational agencies, Indian tribes, and

schools; and

(B) describing whether the waivers -

(i) increased the quality of instruction to students; or

(ii) improved the academic achievement of students.

(f) Termination of waivers

The Secretary shall terminate a waiver under this section if the

Secretary determines, after notice and an opportunity for a

hearing, that the performance of the State or other recipient

affected by the waiver has been inadequate to justify a

continuation of the waiver or if the waiver is no longer necessary

to achieve its original purposes.

(g) Publication

A notice of the Secretary's decision to grant each waiver under

subsection (a) of this section shall be published in the Federal

Register and the Secretary shall provide for the dissemination of

the notice to State educational agencies, interested parties,

including educators, parents, students, advocacy and civil rights

organizations, and the public.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9401, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1972.)

-MISC1-

PRIOR PROVISIONS

A prior section 7861, Pub. L. 89-10, title IX, Sec. 9141, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3792, related to national activities, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7451

of this title.

Prior sections 7871 to 7874 were omitted in the general amendment

of this subchapter by Pub. L. 107-110.

Section 7871, Pub. L. 89-10, title IX, Sec. 9151, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3792,

established National Advisory Council on Indian Education. See

section 7471 of this title.

Section 7872, Pub. L. 89-10, title IX, Sec. 9152, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3793,

related to peer review of applications. See section 7472 of this

title.

Section 7873, Pub. L. 89-10, title IX, Sec. 9153, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3793,

related to preference for Indian applicants for grants. See

section 7473 of this title.

Section 7874, Pub. L. 89-10, title IX, Sec. 9154, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3793,

related to minimum grant criteria. See section 7474 of this title.

-CITE-

20 USC Part E - Uniform Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

.

-HEAD-

Part E - Uniform Provisions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 7802 of this title.

-CITE-

20 USC subpart 1 - private schools 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

.

-HEAD-

subpart 1 - private schools

-CITE-

20 USC Sec. 7881 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7881. Participation by private school children and teachers

-STATUTE-

(a) Private school participation

(1) In general

Except as otherwise provided in this chapter, to the extent

consistent with the number of eligible children in areas served

by a State educational agency, local educational agency,

educational service agency, consortium of those agencies, or

another entity receiving financial assistance under a program

specified in subsection (b) of this section, who are enrolled in

private elementary schools and secondary schools in areas served

by such agency, consortium, or entity, the agency, consortium, or

entity shall, after timely and meaningful consultation with

appropriate private school officials provide to those children

and their teachers or other educational personnel, on an

equitable basis, special educational services or other benefits

that address their needs under the program.

(2) Secular, neutral, and nonideological services or benefits

Educational services or other benefits, including materials and

equipment, provided under this section, shall be secular,

neutral, and nonideological.

(3) Special rule

Educational services and other benefits provided under this

section for private school children, teachers, and other

educational personnel shall be equitable in comparison to

services and other benefits for public school children, teachers,

and other educational personnel participating in the program and

shall be provided in a timely manner.

(4) Expenditures

Expenditures for educational services and other benefits

provided under this section for eligible private school children,

their teachers, and other educational personnel serving those

children shall be equal, taking into account the number and

educational needs of the children to be served, to the

expenditures for participating public school children.

(5) Provision of services

An agency, consortium, or entity described in subsection (a)(1)

of this section may provide those services directly or through

contracts with public and private agencies, organizations, and

institutions.

(b) Applicability

(1) In general

This section applies to programs under -

(A) subparts 1 and 3 of part B of subchapter I of this

chapter;

(B) part C of subchapter I of this chapter;

(C) part A of subchapter II of this chapter, to the extent

provided in paragraph (3);

(D) part B of subchapter II of this chapter;

(E) part D of subchapter II of this chapter;

(F) part A of subchapter III of this chapter;

(G) part A of subchapter IV of this chapter; and

(H) part B of subchapter IV of this chapter.

(2) Definition

For the purpose of this section, the term ''eligible children''

means children eligible for services under a program described in

paragraph (1).

(3) Application

(A) Except as provided in subparagraph (B), this subpart,

including subsection (a)(4) of this section, applies to funds

awarded to a local educational agency under part A of subchapter

II of this chapter only to the extent that the local educational

agency uses funds under that part to provide professional

development to teachers and others.

(B) Subject to subparagraph (A), the share of the local

educational agency's subgrant under part A of subchapter II of

this chapter that is used for professional development and

subject to a determination of equitable expenditures under

subsection (a)(4) of this section shall not be less than the

aggregate share of that agency's awards that were used for

professional development for fiscal year 2001 under section

2203(1)(B) (as such section was in effect on the day preceding

January 8, 2002) and section 306 of the Department of Education

Appropriations Act, 2001.

(c) Consultation

(1) In general

To ensure timely and meaningful consultation, a State

educational agency, local educational agency, educational service

agency, consortium of those agencies, or entity shall consult

with appropriate private school officials during the design and

development of the programs under this chapter, on issues such as

-

(A) how the children's needs will be identified;

(B) what services will be offered;

(C) how, where, and by whom the services will be provided;

(D) how the services will be assessed and how the results of

the assessment will be used to improve those services;

(E) the size and scope of the equitable services to be

provided to the eligible private school children, teachers, and

other educational personnel and the amount of funds available

for those services; and

(F) how and when the agency, consortium, or entity will make

decisions about the delivery of services, including a thorough

consideration and analysis of the views of the private school

officials on the provision of contract services through

potential third-party providers.

(2) Disagreement

If the agency, consortium, or entity disagrees with the views

of the private school officials on the provision of services

through a contract, the agency, consortium, or entity shall

provide to the private school officials a written explanation of

the reasons why the local educational agency has chosen not to

use a contractor.

(3) Timing

The consultation required by paragraph (1) shall occur before

the agency, consortium, or entity makes any decision that affects

the opportunities of eligible private school children, teachers,

and other educational personnel to participate in programs under

this chapter, and shall continue throughout the implementation

and assessment of activities under this section.

(4) Discussion required

The consultation required by paragraph (1) shall include a

discussion of service delivery mechanisms that the agency,

consortium, or entity could use to provide equitable services to

eligible private school children, teachers, administrators, and

other staff.

(d) Public control of funds

(1) In general

The control of funds used to provide services under this

section, and title to materials, equipment, and property

purchased with those funds, shall be in a public agency for the

uses and purposes provided in this chapter, and a public agency

shall administer the funds and property.

(2) Provision of services

(A) In general

The provision of services under this section shall be

provided -

(i) by employees of a public agency; or

(ii) through contract by the public agency with an

individual, association, agency, organization, or other

entity.

(B) Independence; public agency

In the provision of those services, the employee, person,

association, agency, organization, or other entity shall be

independent of the private school and of any religious

organization, and the employment or contract shall be under the

control and supervision of the public agency.

(C) Commingling of funds prohibited

Funds used to provide services under this section shall not

be commingled with non-Federal funds.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9501, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1975.)

-REFTEXT-

REFERENCES IN TEXT

Section 2203(1)(B) (as such section was in effect on the day

preceding January 8, 2002), referred to in subsec. (b)(3)(B), means

section 2203(1)(B) of Pub. L. 89-10, as added by Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3621, which was

classified to section 6643(1)(B) of this title prior to the general

amendment of subchapter II of this chapter by Pub. L. 107-110,

title II, Sec. 201, Jan. 8, 2002, 115 Stat. 1620.

Section 306 of the Department of Education Appropriations Act,

2001, referred to in subsec. (b)(3)(B), is section 1(a)(1) (title

III, Sec. 306) of Pub. L. 106-554, Dec. 21, 2000, 114 Stat. 2763,

2763A-41, which is not classified to the Code.

-MISC2-

REFERENCES TO PART A OF SUBCHAPTER III CONSIDERED TO BE REFERENCES

TO PART B OF SUBCHAPTER III

References to part A of subchapter III of this chapter are

considered to be references to part B of subchapter III of this

chapter in certain fiscal years. See section 6801(c) of this

title.

PRIOR PROVISIONS

A prior section 7881, Pub. L. 89-10, title IX, Sec. 9161, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3793; amended Pub. L. 105-220, title II, Sec. 251(b)(2)(E), Aug. 7,

1998, 112 Stat. 1080, defined terms, prior to the general amendment

of this subchapter by Pub. L. 107-110. See section 7491 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6612, 6622, 7113, 7305b,

7315, 7321, 7883, 7884 of this title.

-CITE-

20 USC Sec. 7882 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7882. Standards for by-pass

-STATUTE-

(a) In general

If, by reason of any provision of law, a State educational

agency, local educational agency, educational service agency,

consortium of those agencies, or other entity is prohibited from

providing for the participation in programs of children enrolled

in, or teachers or other educational personnel from, private

elementary schools and secondary schools, on an equitable basis, or

if the Secretary determines that the agency, consortium, or entity

has substantially failed or is unwilling to provide for that

participation, as required by section 7881 of this title, the

Secretary shall -

(1) waive the requirements of that section for the agency,

consortium, or entity; and

(2) arrange for the provision of equitable services to those

children, teachers, or other educational personnel through

arrangements that shall be subject to the requirements of this

section and of sections 7881, 7883, and 7884 of this title.

(b) Determination

In making the determination under subsection (a) of this section,

the Secretary shall consider one or more factors, including the

quality, size, scope, and location of the program, and the

opportunity of private school children, teachers, and other

educational personnel to participate in the program.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9502, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1977.)

-MISC1-

PRIOR PROVISIONS

A prior section 7882, Pub. L. 89-10, title IX, Sec. 9162, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3794, authorized appropriations, prior to the general amendment of

this subchapter by Pub. L. 107-110. See section 7492 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7315, 7321, 7884 of this

title.

-CITE-

20 USC Sec. 7883 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7883. Complaint process for participation of private school

children

-STATUTE-

(a) Procedures for complaints

The Secretary shall develop and implement written procedures for

receiving, investigating, and resolving complaints from parents,

teachers, or other individuals and organizations concerning

violations of section 7881 of this title by a State educational

agency, local educational agency, educational service agency,

consortium of those agencies, or entity. The individual or

organization shall submit the complaint to the State educational

agency for a written resolution by the State educational agency

within a reasonable period of time.

(b) Appeals to Secretary

The resolution may be appealed by an interested party to the

Secretary not later than 30 days after the State educational agency

resolves the complaint or fails to resolve the complaint within a

reasonable period of time. The appeal shall be accompanied by a

copy of the State educational agency's resolution, and a complete

statement of the reasons supporting the appeal. The Secretary

shall investigate and resolve the appeal not later than 120 days

after receipt of the appeal.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9503, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1977.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6320, 7315, 7321 of this

title.

-CITE-

20 USC Sec. 7884 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7884. By-pass determination process

-STATUTE-

(a) Review

(1) In general

(A) Written objections

The Secretary shall not take any final action under section

7882 of this title until the State educational agency, local

educational agency, educational service agency, consortium of

those agencies, or entity affected by the action has had an

opportunity, for not less than 45 days after receiving written

notice thereof, to submit written objections and to appear

before the Secretary to show cause why that action should not

be taken.

(B) Prior to reduction

Pending final resolution of any investigation or complaint

that could result in a determination under this section, the

Secretary may withhold from the allocation of the affected

State educational agency or local educational agency the amount

estimated by the Secretary to be necessary to pay the cost of

those services.

(2) Petition for review

(A) Petition

If the affected agency, consortium, or entity is dissatisfied

with the Secretary's final action after a proceeding under

paragraph (1), the agency, consortium, or entity may, within 60

days after notice of that action, file with the United States

court of appeals for the circuit in which the State is located

a petition for review of that action.

(B) Transmission

A copy of the petition shall be forthwith transmitted by the

clerk of the court to the Secretary.

(C) Filing

The Secretary, upon receipt of the copy of the petition,

shall file in the court the record of the proceedings on which

the Secretary based the action, as provided in section 2112 of

title 28.

(3) Findings of fact

(A) In general

The findings of fact by the Secretary, if supported by

substantial evidence, shall be conclusive, but the court, for

good cause shown, may remand the case to the Secretary to take

further evidence and the Secretary may then make new or

modified findings of fact and may modify the Secretary's

previous action, and shall file in the court the record of the

further proceedings.

(B) New or modified findings

Any new or modified findings of fact shall likewise be

conclusive if supported by substantial evidence.

(4) Jurisdiction

(A) In general

Upon the filing of a petition, the court shall have

jurisdiction to affirm the action of the Secretary or to set

the action aside, in whole or in part.

(B) Judgment

The judgment of the court shall be subject to review by the

Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

(b) Determination

Any determination by the Secretary under this section shall

continue in effect until the Secretary determines, in consultation

with that agency, consortium, or entity and representatives of the

affected private school children, teachers, or other educational

personnel, that there will no longer be any failure or inability on

the part of the agency, consortium, or entity to meet the

applicable requirements of section 7881 of this title or any other

provision of this chapter.

(c) Payment from State allotment

When the Secretary arranges for services pursuant to this

section, the Secretary shall, after consultation with the

appropriate public and private school officials, pay the cost of

those services, including the administrative costs of arranging for

those services, from the appropriate allocation or allocations

under this chapter.

(d) Prior determination

Any by-pass determination by the Secretary under this chapter as

in effect on the day preceding January 8, 2002, shall remain in

effect to the extent the Secretary determines that that

determination is consistent with the purpose of this section.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9504, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1978.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6320, 7315, 7321 of this

title.

-CITE-

20 USC Sec. 7885 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7885. Prohibition against funds for religious worship or

instruction

-STATUTE-

Nothing contained in this chapter shall be construed to authorize

the making of any payment under this chapter for religious worship

or instruction.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9505, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1979.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7861 of this title.

-CITE-

20 USC Sec. 7886 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 1 - private schools

-HEAD-

Sec. 7886. Private, religious, and home schools

-STATUTE-

(a) Applicability to nonrecipient private schools

Nothing in this chapter shall be construed to affect any private

school that does not receive funds or services under this chapter,

nor shall any student who attends a private school that does not

receive funds or services under this chapter be required to

participate in any assessment referenced in this chapter.

(b) Applicability to home schools

Nothing in this chapter shall be construed to affect a home

school, whether or not a home school is treated as a home school or

a private school under State law, nor shall any student schooled at

home be required to participate in any assessment referenced in

this chapter.

(c) Rule of construction on prohibition of Federal control over

nonpublic schools

Nothing in this chapter shall be construed to permit, allow,

encourage, or authorize any Federal control over any aspect of any

private, religious, or home school, whether or not a home school is

treated as a private school or home school under State law. This

section shall not be construed to bar private, religious, or home

schools from participation in programs or services under this

chapter.

(d) Rule of construction on State and local educational agency

mandates

Nothing in this chapter shall be construed to require any State

educational agency or local educational agency that receives funds

under this chapter to mandate, direct, or control the curriculum of

a private or home school, regardless or (FOOTNOTE 1) whether or not

a home school is treated as a private school under state (FOOTNOTE

2) law, nor shall any funds under this chapter be used for this

purpose.

(FOOTNOTE 1) So in original. Probably should be ''of''.

(FOOTNOTE 2) So in original. Probably should be capitalized.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9506, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1979.)

-CITE-

20 USC subpart 2 - other provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

.

-HEAD-

subpart 2 - other provisions

-CITE-

20 USC Sec. 7901 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7901. Maintenance of effort

-STATUTE-

(a) In general

A local educational agency may receive funds under a covered

program for any fiscal year only if the State educational agency

finds that either the combined fiscal effort per student or the

aggregate expenditures of the agency and the State with respect to

the provision of free public education by the agency for the

preceding fiscal year was not less than 90 percent of the combined

fiscal effort or aggregate expenditures for the second preceding

fiscal year.

(b) Reduction in case of failure to meet

(1) In general

The State educational agency shall reduce the amount of the

allocation of funds under a covered program in any fiscal year in

the exact proportion by which a local educational agency fails to

meet the requirement of subsection (a) of this section by falling

below 90 percent of both the combined fiscal effort per student

and aggregate expenditures (using the measure most favorable to

the local agency).

(2) Special rule

No such lesser amount shall be used for computing the effort

required under subsection (a) of this section for subsequent

years.

(c) Waiver

The Secretary may waive the requirements of this section if the

Secretary determines that a waiver would be equitable due to -

(1) exceptional or uncontrollable circumstances, such as a

natural disaster; or

(2) a precipitous decline in the financial resources of the

local educational agency.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9521, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1980.)

-MISC1-

PRIOR PROVISIONS

A prior section 7901, Pub. L. 89-10, title IX, Sec. 9201, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3794, set forth short title of the Native Hawaiian Education Act,

prior to the general amendment of this subchapter by Pub. L.

107-110. See section 7511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6321, 6434 of this title.

-CITE-

20 USC Sec. 7902 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7902. Prohibition regarding State aid

-STATUTE-

A State shall not take into consideration payments under this

chapter (other than under subchapter VIII) in determining the

eligibility of any local educational agency in that State for State

aid, or the amount of State aid, with respect to free public

education of children.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9522, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1980.)

-MISC1-

PRIOR PROVISIONS

A prior section 7902, Pub. L. 89-10, title IX, Sec. 9202, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3794, set forth findings, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 7512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7861 of this title.

-CITE-

20 USC Sec. 7903 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7903. Privacy of assessment results

-STATUTE-

Any results from an individual assessment referred to in this

chapter of a student that become part of the education records of

the student shall have the protections provided in section 1232g of

this title.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9523, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1980.)

-MISC1-

PRIOR PROVISIONS

A prior section 7903, Pub. L. 89-10, title IX, Sec. 9203, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3798, set forth purpose of provisions relating to Native Hawaiian

educational programs. See section 7513 of this title.

-CITE-

20 USC Sec. 7904 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7904. School prayer

-STATUTE-

(a) Guidance

The Secretary shall provide and revise guidance, not later than

September 1, 2002, and of every second year thereafter, to State

educational agencies, local educational agencies, and the public on

constitutionally protected prayer in public elementary schools and

secondary schools, including making the guidance available on the

Internet. The guidance shall be reviewed, prior to distribution, by

the Office of Legal Counsel of the Department of Justice for

verification that the guidance represents the current state of the

law concerning constitutionally protected prayer in public

elementary schools and secondary schools.

(b) Certification

As a condition of receiving funds under this chapter, a local

educational agency shall certify in writing to the State

educational agency involved that no policy of the local educational

agency prevents, or otherwise denies participation in,

constitutionally protected prayer in public elementary schools and

secondary schools, as detailed in the guidance required under

subsection (a) of this section. The certification shall be

provided by October 1 of each year. The State educational agency

shall report to the Secretary by November 1 of each year a list of

those local educational agencies that have not filed the

certification or against which complaints have been made to the

State educational agency that the local educational agencies are

not in compliance with this section.

(c) Enforcement

The Secretary is authorized and directed to effectuate subsection

(b) of this section by issuing, and securing compliance with, rules

or orders with respect to a local educational agency that fails to

certify, or is found to have certified in bad faith, that no policy

of the local educational agency prevents, or otherwise denies

participation in, constitutionally protected prayer in public

elementary schools and secondary schools.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9524, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1980.)

-MISC1-

PRIOR PROVISIONS

A prior section 7904, Pub. L. 89-10, title IX, Sec. 9204, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3798, established the Native Hawaiian Education Council and island

councils, prior to the general amendment of this subchapter by Pub.

L. 107-110. See section 7514 of this title.

-CITE-

20 USC Sec. 7905 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7905. Equal access to public school facilities

-STATUTE-

(a) Short title

This section may be cited as the ''Boy Scouts of America Equal

Access Act''.

(b) In general

(1) Equal access

Notwithstanding any other provision of law, no public

elementary school, public secondary school, local educational

agency, or State educational agency that has a designated open

forum or a limited public forum and that receives funds made

available through the Department shall deny equal access or a

fair opportunity to meet to, or discriminate against, any group

officially affiliated with the Boy Scouts of America, or any

other youth group listed in title 36 (as a patriotic society),

that wishes to conduct a meeting within that designated open

forum or limited public forum, including denying such access or

opportunity or discriminating for reasons based on the membership

or leadership criteria or oath of allegiance to God and country

of the Boy Scouts of America or of the youth group listed in

title 36 (as a patriotic society).

(2) Voluntary sponsorship

Nothing in this section shall be construed to require any

school, agency, or a school served by an agency to sponsor any

group officially affiliated with the Boy Scouts of America, or

any other youth group listed in title 36 (as a patriotic

society).

(c) Termination of assistance and other action

(1) Departmental action

The Secretary is authorized and directed to effectuate

subsection (b) of this section by issuing and securing compliance

with rules or orders with respect to a public elementary school,

public secondary school, local educational agency, or State

educational agency that receives funds made available through the

Department and that denies equal access, or a fair opportunity to

meet, or discriminates, as described in subsection (b) of this

section.

(2) Procedure

The Secretary shall issue and secure compliance with the rules

or orders, under paragraph (1), through the Office for Civil

Rights and in a manner consistent with the procedure used by a

Federal department or agency under section 2000d-1 of title 42.

If the public school or agency does not comply with the rules or

orders, then notwithstanding any other provision of law, no funds

made available through the Department shall be provided to a

school that fails to comply with such rules or orders or to any

agency or school served by an agency that fails to comply with

such rules or orders.

(3) Judicial review

Any action taken by the Secretary under paragraph (1) shall be

subject to the judicial review described in section 2000d-2 of

title 42. Any person aggrieved by the action may obtain that

judicial review in the manner, and to the extent, provided in

section 2000d-2 of title 42.

(d) Definition and rule

(1) Definition

In this section, the term ''youth group'' means any group or

organization intended to serve young people under the age of 21.

(2) Rule

For the purpose of this section, an elementary school or

secondary school has a limited public forum whenever the school

involved grants an offering to, or opportunity for, one or more

outside youth or community groups to meet on school premises or

in school facilities before or after the hours during which

attendance at the school is compulsory.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9525, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1981.)

-MISC1-

PRIOR PROVISIONS

A prior section 7905, Pub. L. 89-10, title IX, Sec. 9205, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3800, related to Native Hawaiian Family-Based Education Centers,

prior to the general amendment of this subchapter by Pub. L.

107-110.

-CITE-

20 USC Sec. 7906 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7906. General prohibitions

-STATUTE-

(a) Prohibition

None of the funds authorized under this chapter shall be used -

(1) to develop or distribute materials, or operate programs or

courses of instruction directed at youth, that are designed to

promote or encourage sexual activity, whether homosexual or

heterosexual;

(2) to distribute or to aid in the distribution by any

organization of legally obscene materials to minors on school

grounds;

(3) to provide sex education or HIV-prevention education in

schools unless that instruction is age appropriate and includes

the health benefits of abstinence; or

(4) to operate a program of contraceptive distribution in

schools.

(b) Local control

Nothing in this section shall be construed to -

(1) authorize an officer or employee of the Federal Government

to mandate, direct, review, or control a State, local educational

agency, or school's instructional content, curriculum, and

related activities;

(2) limit the application of the General Education Provisions

Act (20 U.S.C. 1221 et seq.);

(3) require the distribution of scientifically or medically

false or inaccurate materials or to prohibit the distribution of

scientifically or medically true or accurate materials; or

(4) create any legally enforceable right.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9526, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1982.)

-REFTEXT-

REFERENCES IN TEXT

The General Education Provisions Act, referred to in subsec.

(b)(2), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814,

as amended, which is classified generally to chapter 31 (Sec. 1221

et seq.) of this title. For complete classification of this Act to

the Code, see section 1221 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7906, Pub. L. 89-10, title IX, Sec. 9206, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3800, authorized grants for a Native Hawaiian higher education

program, prior to the general amendment of this subchapter by Pub.

L. 107-110.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7861 of this title.

-CITE-

20 USC Sec. 7907 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7907. Prohibitions on Federal Government and use of Federal

funds

-STATUTE-

(a) General prohibition

Nothing in this chapter shall be construed to authorize an

officer or employee of the Federal Government to mandate, direct,

or control a State, local educational agency, or school's

curriculum, program of instruction, or allocation of State or local

resources, or mandate a State or any subdivision thereof to spend

any funds or incur any costs not paid for under this chapter.

(b) Prohibition on endorsement of curriculum

Notwithstanding any other prohibition of Federal law, no funds

provided to the Department under this chapter may be used by the

Department to endorse, approve, or sanction any curriculum designed

to be used in an elementary school or secondary school.

(c) Prohibition on requiring Federal approval or certification of

standards

(1) In general

Notwithstanding any other provision of Federal law, no State

shall be required to have academic content or student academic

achievement standards approved or certified by the Federal

Government, in order to receive assistance under this chapter.

(2) Rule of construction

Nothing in this subsection shall be construed to affect

requirements under subchapter I of this chapter or part A of

subchapter VI of this chapter.

(d) Rule of construction on building standards

Nothing in this chapter shall be construed to mandate national

school building standards for a State, local educational agency, or

school.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9527, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1983.)

-MISC1-

PRIOR PROVISIONS

A prior section 7907, Pub. L. 89-10, title IX, Sec. 9207, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3801, related to Native Hawaiian gifted and talented program, prior

to the general amendment of this subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7908 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7908. Armed Forces recruiter access to students and student

recruiting information

-STATUTE-

(a) Policy

(1) Access to student recruiting information

Notwithstanding section 1232g(a)(5)(B) of this title and except

as provided in paragraph (2), each local educational agency

receiving assistance under this chapter shall provide, on a

request made by military recruiters or an institution of higher

education, access to secondary school students names, addresses,

and telephone listings.

(2) Consent

A secondary school student or the parent of the student may

request that the student's name, address, and telephone listing

described in paragraph (1) not be released without prior written

parental consent, and the local educational agency or private

school shall notify parents of the option to make a request and

shall comply with any request.

(3) Same access to students

Each local educational agency receiving assistance under this

chapter shall provide military recruiters the same access to

secondary school students as is provided generally to post

secondary educational institutions or to prospective employers of

those students.

(b) Notification

The Secretary, in consultation with the Secretary of Defense,

shall, not later than 120 days after January 8, 2002, notify

principals, school administrators, and other educators about the

requirements of this section.

(c) Exception

The requirements of this section do not apply to a private

secondary school that maintains a religious objection to service in

the Armed Forces if the objection is verifiable through the

corporate or other organizational documents or materials of that

school.

(d) Special rule

A local educational agency prohibited by Connecticut State law

(either explicitly by statute or through statutory interpretation

by the State Supreme Court or State Attorney General) from

providing military recruiters with information or access as

required by this section shall have until May 31, 2002, to comply

with that requirement.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9528, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1983.)

-MISC1-

PRIOR PROVISIONS

A prior section 7908, Pub. L. 89-10, title IX, Sec. 9208, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3802, related to Native Hawaiian special education programs, prior

to the general amendment of this subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7909 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7909. Prohibition on federally sponsored testing

-STATUTE-

(a) General prohibition

Notwithstanding any other provision of Federal law and except as

provided in subsection (b) of this section, no funds provided under

this chapter to the Secretary or to the recipient of any award may

be used to develop, pilot test, field test, implement, administer,

or distribute any federally sponsored national test in reading,

mathematics, or any other subject, unless specifically and

explicitly authorized by law.

(b) Exceptions

Subsection (a) of this section shall not apply to international

comparative assessments developed under the authority of section

9543(a)(5) of this title and administered to only a representative

sample of pupils in the United States and in foreign nations.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9529, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1984; amended Pub. L.

107-279, title IV, Sec. 404(d)(9), Nov. 5, 2002, 116 Stat. 1986.)

-MISC1-

PRIOR PROVISIONS

A prior section 7909, Pub. L. 89-10, title IX, Sec. 9209, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3803, related to Native Hawaiian curriculum development and teacher

training and recruitment programs, prior to the general amendment

of this subchapter by Pub. L. 107-110.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-279 substituted ''section

9543(a)(5) of this title'' for ''section 9003(a)(6) of this

title''.

-CITE-

20 USC Sec. 7910 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7910. Limitations on national testing or certification for

teachers

-STATUTE-

(a) Mandatory national testing or certification of teachers

Notwithstanding any other provision of this chapter or any other

provision of law, no funds available to the Department or otherwise

available under this chapter may be used for any purpose relating

to a mandatory nationwide test or certification of teachers or

education paraprofessionals, including any planning, development,

implementation, or administration of such test or certification.

(b) Prohibition on withholding funds

The Secretary is prohibited from withholding funds from any State

educational agency or local educational agency if the State

educational agency or local educational agency fails to adopt a

specific method of teacher or paraprofessional certification.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9530, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

A prior section 7910, Pub. L. 89-10, title IX, Sec. 9210, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3804, related to Native Hawaiian community-based education learning

centers, prior to the general amendment of this subchapter by Pub.

L. 107-110.

-CITE-

20 USC Sec. 7911 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7911. Prohibition on nationwide database

-STATUTE-

Nothing in this chapter (other than section 6398(b) of this

title) shall be construed to authorize the development of a

nationwide database of personally identifiable information on

individuals involved in studies or other collections of data under

this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9531, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

A prior section 7911, Pub. L. 89-10, title IX, Sec. 9211, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3804, set out administrative provisions, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7516

of this title.

-CITE-

20 USC Sec. 7912 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7912. Unsafe school choice option

-STATUTE-

(a) Unsafe school choice policy

Each State receiving funds under this chapter shall establish and

implement a statewide policy requiring that a student attending a

persistently dangerous public elementary school or secondary

school, as determined by the State in consultation with a

representative sample of local educational agencies, or who becomes

a victim of a violent criminal offense, as determined by State law,

while in or on the grounds of a public elementary school or

secondary school that the student attends, be allowed to attend a

safe public elementary school or secondary school within the local

educational agency, including a public charter school.

(b) Certification

As a condition of receiving funds under this chapter, a State

shall certify in writing to the Secretary that the State is in

compliance with this section.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9532, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

A prior section 7912, Pub. L. 89-10, title IX, Sec. 9212, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3805, defined terms, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 7517 of this title.

-CITE-

20 USC Sec. 7913 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7913. Prohibition on discrimination

-STATUTE-

Nothing in this chapter shall be construed to require, authorize,

or permit, the Secretary, or a State educational agency, local

educational agency, or school to grant to a student, or deny or

impose upon a student, any financial or educational benefit or

burden, in violation of the fifth or 14th amendments to the

Constitution or other law relating to discrimination in the

provision of federally funded programs or activities.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9533, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1985.)

-CITE-

20 USC Sec. 7914 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7914. Civil rights

-STATUTE-

(a) In general

Nothing in this chapter shall be construed to permit

discrimination on the basis of race, color, religion, sex (except

as otherwise permitted under title IX of the Education Amendments

of 1972 (20 U.S.C. 1681 et seq.)), national origin, or disability

in any program funded under this chapter.

(b) Rule of construction

Nothing in this chapter shall be construed to require the

disruption of services to a child or the displacement of a child

enrolled in or participating in a program administered by an

eligible entity, as defined in section 6316 of this title and part

B of subchapter V of this chapter, at the commencement of the

entity's participation in a grant under section 6316 of this title

or part B of subchapter V of this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9534, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1972, referred to in subsec. (a), is

Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX

of the Act, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, is classified principally to chapter 38 (Sec. 1681

et seq.) of this title. For complete classification of title IX to

the Code, see Short Title note set out under section 1681 of this

title and Tables.

-CITE-

20 USC Sec. 7915 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7915. Rulemaking

-STATUTE-

The Secretary shall issue regulations under this chapter only to

the extent that such regulations are necessary to ensure that there

is compliance with the specific requirements and assurances

required by this chapter.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9535, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1985.)

-CITE-

20 USC Sec. 7916 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part E - Uniform Provisions

subpart 2 - other provisions

-HEAD-

Sec. 7916. Severability

-STATUTE-

If any provision of this chapter is held invalid, the remainder

of this chapter shall be unaffected thereby.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9536, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1985.)

-MISC1-

PRIOR PROVISIONS

Sections 7931 to 7938 were omitted in the general amendment of

this subchapter by Pub. L. 107-110.

Section 7931, Pub. L. 89-10, title IX, Sec. 9301, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3805, set

forth short title of the Alaska Native Educational Equity, Support

and Assistance Act. See section 7541 of this title.

Section 7932, Pub. L. 89-10, title IX, Sec. 9302, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3805, set

forth findings. See section 7542 of this title.

Section 7933, Pub. L. 89-10, title IX, Sec. 9303, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3806,

stated purpose of former part C of this subchapter. See section

7543 of this title.

Section 7934, Pub. L. 89-10, title IX, Sec. 9304, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3806,

related to Alaska Native educational planning, curriculum

development, and teacher training and recruitment programs. See

section 7544 of this title.

Section 7935, Pub. L. 89-10, title IX, Sec. 9305, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3807,

related to Alaska Native home based education for preschool

children.

Section 7936, Pub. L. 89-10, title IX, Sec. 9306, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3808,

related to Alaska Native student enrichment programs.

Section 7937, Pub. L. 89-10, title IX, Sec. 9307, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3809, set

forth administrative provisions. See section 7545 of this title.

Section 7938, Pub. L. 89-10, title IX, Sec. 9308, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3809,

defined terms. See section 7546 of this title.

-CITE-

20 USC Part F - Evaluations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part F - Evaluations

.

-HEAD-

Part F - Evaluations

-CITE-

20 USC Sec. 7941 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IX - GENERAL PROVISIONS

Part F - Evaluations

-HEAD-

Sec. 7941. Evaluations

-STATUTE-

(a) Reservation of funds

Except as provided in subsections (b) and (c) of this section,

the Secretary may reserve not more than 0.5 percent of the amount

appropriated to carry out each categorical program and

demonstration project authorized under this chapter -

(1) to conduct -

(A) comprehensive evaluations of the program or project; and

(B) studies of the effectiveness of the program or project

and its administrative impact on schools and local educational

agencies;

(2) to evaluate the aggregate short- and long-term effects and

cost efficiencies across Federal programs assisted or authorized

under this chapter and related Federal preschool, elementary, and

secondary programs under any other Federal law; and

(3) to increase the usefulness of evaluations of grant

recipients in order to ensure the continuous progress of the

program or project by improving the quality, timeliness,

efficiency, and use of information relating to performance under

the program or project.

(b) Subchapters I and III excluded

The Secretary may not reserve under subsection (a) of this

section funds appropriated to carry out any program authorized

under subchapter I or subchapter III of this chapter.

(c) Evaluation activities authorized elsewhere

If, under any other provision of this chapter (other than

subchapter I), funds are authorized to be reserved or used for

evaluation activities with respect to a program or project, the

Secretary may not reserve additional funds under this section for

the evaluation of that program or project.

-SOURCE-

(Pub. L. 89-10, title IX, Sec. 9601, as added Pub. L. 107-110,

title IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1985.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1226c, 6434, 6435, 7253e

of this title.

-CITE-

20 USC SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

.

-HEAD-

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

-CITE-

20 USC Part A - Fund for the Improvement of Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part A - Fund for the Improvement of Education

.

-HEAD-

Part A - Fund for the Improvement of Education

-CITE-

20 USC Sec. 8001 to 8007 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part A - Fund for the Improvement of Education

-HEAD-

Sec. 8001 to 8007. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8001, Pub. L. 89-10, title X, Sec. 10101, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3809;

amended Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec.

703(b)(4)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-255; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327,

related to fund for the improvement of education. See section 7243

of this title.

Section 8002, Pub. L. 89-10, title X, Sec. 10102, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3812,

related to elementary school counseling demonstration.

Section 8003, Pub. L. 89-10, title X, Sec. 10103, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3815,

related to partnerships in character education pilot project.

Section 8004, Pub. L. 89-10, title X, Sec. 10104, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3818;

amended Pub. L. 105-332, Sec. 2, Oct. 31, 1998, 112 Stat. 3125,

related to promotion of scholar-athlete competitions.

Section 8005, Pub. L. 89-10, title X, Sec. 10105, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3818,

related to development and implementation of smaller learning

communities.

Section 8006, Pub. L. 89-10, title X, Sec. 10106, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3820,

related to national student and parent mock election.

Section 8007, Pub. L. 89-10, title X, Sec. 10107, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3820,

related to model projects of outreach activities for at-risk

children.

-CITE-

20 USC Part B - Gifted and Talented Children 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part B - Gifted and Talented Children

.

-HEAD-

Part B - Gifted and Talented Children

-CITE-

20 USC Sec. 8031 to 8037 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part B - Gifted and Talented Children

-HEAD-

Sec. 8031 to 8037. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8031, Pub. L. 89-10, title X, Sec. 10201, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3820, set

forth short title of the Jacob K. Javits Gifted and Talented

Students Education Act of 1994. See section 7253 of this title.

Section 8032, Pub. L. 89-10, title X, Sec. 10202, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3820, set

forth findings and purposes. See section 7253a of this title.

Section 8033, Pub. L. 89-10, title X, Sec. 10203, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3822,

related to construction of provisions. See section 7253b of this

title.

Section 8034, Pub. L. 89-10, title X, Sec. 10204, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3822,

related to authorized programs. See section 7253c of this title.

Section 8035, Pub. L. 89-10, title X, Sec. 10205, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3823, set

forth program priorities. See section 7253d of this title.

Section 8036, Pub. L. 89-10, title X, Sec. 10206, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3824, set

forth general provisions. See section 7253e of this title.

Section 8037, Pub. L. 89-10, title X, Sec. 10207, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3824,

authorized appropriations.

-CITE-

20 USC Part C - Public Charter Schools 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part C - Public Charter Schools

.

-HEAD-

Part C - Public Charter Schools

-CITE-

20 USC subpart 1 - basic charter school grant program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part C - Public Charter Schools

subpart 1 - basic charter school grant program

.

-HEAD-

subpart 1 - basic charter school grant program

-CITE-

20 USC Sec. 8061 to 8067 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part C - Public Charter Schools

subpart 1 - basic charter school grant program

-HEAD-

Sec. 8061 to 8067. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8061, Pub. L. 89-10, title X, Sec. 10301, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3824;

amended Pub. L. 105-278, Sec. 3(a), Oct. 22, 1998, 112 Stat. 2682;

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(1)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, set forth findings and purpose.

See section 7221 of this title.

Section 8062, Pub. L. 89-10, title X, Sec. 10302, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3825;

amended Pub. L. 105-278, Sec. 3(b), Oct. 22, 1998, 112 Stat. 2682;

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(1)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, authorized charter school grant

program. See section 7221a of this title.

Section 8063, Pub. L. 89-10, title X, Sec. 10303, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3826;

amended Pub. L. 105-278, Sec. 3(c), Oct. 22, 1998, 112 Stat. 2684;

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(1)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, related to applications. See

section 7221b of this title.

Section 8064, Pub. L. 89-10, title X, Sec. 10304, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3827;

amended Pub. L. 105-78, title III, Sec. 315, Nov. 13, 1997, 111

Stat. 1508; Pub. L. 105-278, Sec. 3(d), (k), Oct. 22, 1998, 112

Stat. 2685, 2689; Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.

322(b)(1)), Dec. 21, 2000, 114 Stat. 2763, 2763A-61, related to

administration. See section 7221c of this title.

Section 8065, Pub. L. 89-10, title X, Sec. 10305, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3829;

amended Pub. L. 105-278, Sec. 3(f), Oct. 22, 1998, 112 Stat. 2686;

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(1)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, related to national activities.

See section 7221d of this title.

Section 8065a, Pub. L. 89-10, title X, Sec. 10306, as added Pub.

L. 105-278, Sec. 3(g)(2), Oct. 22, 1998, 112 Stat. 2687, related to

Federal formula allocation during first year and for successive

enrollment expansions. See section 7221e of this title.

Section 8065b, Pub. L. 89-10, title X, Sec. 10307, as added Pub.

L. 105-278, Sec. 3(g)(2), Oct. 22, 1998, 112 Stat. 2688; amended

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, related to solicitation of input

from charter school operators. See section 7221f of this title.

Section 8065c, Pub. L. 89-10, title X, Sec. 10308, as added Pub.

L. 105-278, Sec. 3(g)(2), Oct. 22, 1998, 112 Stat. 2688, related to

records transfer. See section 7221g of this title.

Section 8065d, Pub. L. 89-10, title X, Sec. 10309, as added Pub.

L. 105-278, Sec. 3(g)(2), Oct. 22, 1998, 112 Stat. 2688; amended

Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(3)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, related to paperwork reduction.

See section 7221h of this title.

Section 8066, Pub. L. 89-10, title X, Sec. 10310, formerly Sec.

10306, as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994,

108 Stat. 3829; renumbered Sec. 10310 and amended, Pub. L. 105-278,

Sec. 3(g)(1), (h), Oct. 22, 1998, 112 Stat. 2687, 2688; Pub. L.

106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(3)), Dec. 21, 2000,

114 Stat. 2763, 2763A-61, defined terms. See section 7221i of this

title.

Section 8067, Pub. L. 89-10, title X, Sec. 10311, formerly Sec.

10307, as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994,

108 Stat. 3830; renumbered Sec. 10311 and amended, Pub. L. 105-278,

Sec. 3(g)(1), (i), Oct. 22, 1998, 112 Stat. 2687, 2688; Pub. L.

106-554, Sec. 1(a)(1) (title III, Sec. 322(b)(3)), Dec. 21, 2000,

114 Stat. 2763, 2763A-61, authorized appropriations. See section

7221j of this title.

-CITE-

20 USC subpart 2 - credit enhancement initiatives to

assist charter school facility acquisition,

construction, and renovation 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part C - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

.

-HEAD-

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-CITE-

20 USC Sec. 8071 to 8071j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part C - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 8071 to 8071j. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8071, Pub. L. 89-10, title X, Sec. 10321, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-57, set forth purpose. See section

7223 of this title.

Section 8071a, Pub. L. 89-10, title X, Sec. 10322, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-57, related to grants to eligible

entities. See section 7223a of this title.

Section 8071b, Pub. L. 89-10, title X, Sec. 10323, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-58, related to applications. See

section 7223b of this title.

Section 8071c, Pub. L. 89-10, title X, Sec. 10324, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-59, set forth charter school

objectives. See section 7223c of this title.

Section 8071d, Pub. L. 89-10, title X, Sec. 10325, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-59, related to reserve account. See

section 7223d of this title.

Section 8071e, Pub. L. 89-10, title X, Sec. 10326, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-59, related to limitation on

administrative costs. See section 7223e of this title.

Section 8071f, Pub. L. 89-10, title X, Sec. 10327, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-59, related to audits and reports. See

section 7223f of this title.

Section 8071g, Pub. L. 89-10, title X, Sec. 10328, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-60, related to full faith and credit

for grantee obligations. See section 7223g of this title.

Section 8071h, Pub. L. 89-10, title X, Sec. 10329, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-60, related to recovery of funds. See

section 7223h of this title.

Section 8071i, Pub. L. 89-10, title X, Sec. 10330, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, defined terms. See section 7223i

of this title.

Section 8071j, Pub. L. 89-10, title X, Sec. 10331, as added Pub.

L. 106-554, Sec. 1(a)(1) (title III, Sec. 322(a)(2)), Dec. 21,

2000, 114 Stat. 2763, 2763A-61, authorized appropriations. See

section 7223j of this title.

-CITE-

20 USC Part D - Arts in Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part D - Arts in Education

.

-HEAD-

Part D - Arts in Education

-CITE-

20 USC subpart 1 - arts education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part D - Arts in Education

subpart 1 - arts education

.

-HEAD-

subpart 1 - arts education

-CITE-

20 USC Sec. 8091 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part D - Arts in Education

subpart 1 - arts education

-HEAD-

Sec. 8091. Repealed. Pub. L. 107-110, title X, Sec. 1011(5)(A),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 89-10, title X, Sec. 10401, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3830; amended

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

709(b)(3)(A)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-313,

related to support for arts education. See section 7271 of this

title.

-CITE-

20 USC subpart 2 - cultural partnerships for at-risk

children and youth 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part D - Arts in Education

subpart 2 - cultural partnerships for at-risk children and youth

.

-HEAD-

subpart 2 - cultural partnerships for at-risk children and youth

-CITE-

20 USC Sec. 8101 to 8105 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part D - Arts in Education

subpart 2 - cultural partnerships for at-risk children and youth

-HEAD-

Sec. 8101 to 8105. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8101, Pub. L. 89-10, title X, Sec. 10411, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3832, set

forth findings and purpose of subpart.

Section 8102, Pub. L. 89-10, title X, Sec. 10412, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3833;

amended Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII,

Sec. 709(b)(3)(B)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-313,

authorized program.

Section 8103, Pub. L. 89-10, title X, Sec. 10413, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3835,

related to authorized activities.

Section 8104, Pub. L. 89-10, title X, Sec. 10414, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3836;

amended Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII,

Sec. 709(b)(3)(C)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-313,

related to payments, amounts of award, cost share, and limitations.

Section 8105, Pub. L. 89-10, title X, Sec. 10415, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3837,

authorized appropriations.

-CITE-

20 USC Part E - Inexpensive Book Distribution Program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part E - Inexpensive Book Distribution Program

.

-HEAD-

Part E - Inexpensive Book Distribution Program

-CITE-

20 USC Sec. 8131 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part E - Inexpensive Book Distribution Program

-HEAD-

Sec. 8131. Repealed. Pub. L. 107-110, title X, Sec. 1011(5)(A),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 89-10, title X, Sec. 10501, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3837, related

to inexpensive book distribution program for reading motivation.

See section 7251 of this title.

-CITE-

20 USC Part F - Civic Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part F - Civic Education

.

-HEAD-

Part F - Civic Education

-CITE-

20 USC Sec. 8141 to 8143 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part F - Civic Education

-HEAD-

Sec. 8141 to 8143. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8141, Pub. L. 89-10, title X, Sec. 10601, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3838,

related to instruction on history and principles of democracy in

the United States. See section 6714 of this title.

Section 8142, Pub. L. 89-10, title X, Sec. 10602, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3839,

related to instruction in civics, government, and the law. See

section 6714 of this title.

Section 8143, Pub. L. 89-10, title X, Sec. 10603, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3840,

related to report and authorization of appropriations. See section

6716 of this title.

-CITE-

20 USC Part G - Allen J. Ellender Fellowship Program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

.

-HEAD-

Part G - Allen J. Ellender Fellowship Program

-CITE-

20 USC Sec. 8161 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

-HEAD-

Sec. 8161. Repealed. Pub. L. 107-110, title X, Sec. 1011(5)(A),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 89-10, title X, Sec. 10701, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3841, set

forth findings.

-CITE-

20 USC subpart 1 - program for middle and secondary

school students 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 1 - program for middle and secondary school students

.

-HEAD-

subpart 1 - program for middle and secondary school students

-CITE-

20 USC Sec. 8171, 8172 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 1 - program for middle and secondary school students

-HEAD-

Sec. 8171, 8172. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8171, Pub. L. 89-10, title X, Sec. 10711, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3841,

authorized grants for fellowships.

Section 8172, Pub. L. 89-10, title X, Sec. 10712, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3841,

related to applications.

-CITE-

20 USC subpart 2 - program for middle and secondary

school teachers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 2 - program for middle and secondary school teachers

.

-HEAD-

subpart 2 - program for middle and secondary school teachers

-CITE-

20 USC Sec. 8181, 8182 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 2 - program for middle and secondary school teachers

-HEAD-

Sec. 8181, 8182. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8181, Pub. L. 89-10, title X, Sec. 10721, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3842,

authorized grants for fellowships.

Section 8182, Pub. L. 89-10, title X, Sec. 10722, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3842,

related to applications.

-CITE-

20 USC subpart 3 - programs for recent immigrants,

students of migrant parents and older

americans 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 3 - programs for recent immigrants, students of migrant

parents and older americans

.

-HEAD-

subpart 3 - programs for recent immigrants, students of migrant

parents and older americans

-CITE-

20 USC Sec. 8191, 8192 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 3 - programs for recent immigrants, students of migrant

parents and older americans

-HEAD-

Sec. 8191, 8192. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8191, Pub. L. 89-10, title X, Sec. 10731, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3842,

authorized grants for fellowships.

Section 8192, Pub. L. 89-10, title X, Sec. 10732, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3843,

related to applications.

-CITE-

20 USC subpart 4 - general provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 4 - general provisions

.

-HEAD-

subpart 4 - general provisions

-CITE-

20 USC Sec. 8201, 8202 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part G - Allen J. Ellender Fellowship Program

subpart 4 - general provisions

-HEAD-

Sec. 8201, 8202. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8201, Pub. L. 89-10, title X, Sec. 10741, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3843, set

forth administrative provisions.

Section 8202, Pub. L. 89-10, title X, Sec. 10742, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3843,

authorized appropriations.

-CITE-

20 USC Part H - De Lugo Territorial Education Improvement

Program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part H - De Lugo Territorial Education Improvement Program

.

-HEAD-

Part H - De Lugo Territorial Education Improvement Program

-CITE-

20 USC Sec. 8221 to 8224 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part H - De Lugo Territorial Education Improvement Program

-HEAD-

Sec. 8221 to 8224. Repealed. Pub. L. 105-277, div. A, Sec. 101(f)

(title VIII, Sec. 301(c)(2)), Oct. 21, 1998, 112 Stat.

2681-337, 2681-410

-MISC1-

Section 8221, Pub. L. 89-10, title X, Sec. 10801, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844,

related to findings and purposes.

Section 8222, Pub. L. 89-10, title X, Sec. 10802, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844,

related to grant authorization.

Section 8223, Pub. L. 89-10, title X, Sec. 10803, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844,

prohibited use of grant funds for construction.

Section 8224, Pub. L. 89-10, title X, Sec. 10804, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844,

related to authorization of appropriations.

-CITE-

20 USC Part I - 21st Century Community Learning Centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part I - 21st Century Community Learning Centers

.

-HEAD-

Part I - 21st Century Community Learning Centers

-CITE-

20 USC Sec. 8241 to 8247 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part I - 21st Century Community Learning Centers

-HEAD-

Sec. 8241 to 8247. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8241, Pub. L. 89-10, title X, Sec. 10901, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844, set

forth short title of the 21st Century Community Learning Centers

Act.

Section 8242, Pub. L. 89-10, title X, Sec. 10902, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3844, set

forth findings.

Section 8243, Pub. L. 89-10, title X, Sec. 10903, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3845,

authorized program. See sections 7172 and 7174 of this title.

Section 8244, Pub. L. 89-10, title X, Sec. 10904, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3845,

required application. See sections 7173 and 7174 of this title.

Section 8245, Pub. L. 89-10, title X, Sec. 10905, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3846,

related to uses of funds. See sections 7172 and 7175 of this

title.

Section 8246, Pub. L. 89-10, title X, Sec. 10906, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3846,

defined ''Community learning center''. See section 7171 of this

title.

Section 8247, Pub. L. 89-10, title X, Sec. 10907, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3846,

authorized appropriations. See section 7176 of this title.

-CITE-

20 USC Part J - Urban and Rural Education Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

.

-HEAD-

Part J - Urban and Rural Education Assistance

-CITE-

20 USC Sec. 8271, 8272 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

-HEAD-

Sec. 8271, 8272. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8271, Pub. L. 89-10, title X, Sec. 10951, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3847,

authorized appropriations.

Section 8272, Pub. L. 89-10, title X, Sec. 10952, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3847,

defined terms.

-CITE-

20 USC subpart 1 - urban education demonstration grants 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 1 - urban education demonstration grants

.

-HEAD-

subpart 1 - urban education demonstration grants

-CITE-

20 USC Sec. 8281 to 8284 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 1 - urban education demonstration grants

-HEAD-

Sec. 8281 to 8284. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8281, Pub. L. 89-10, title X, Sec. 10961, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3848, set

forth findings.

Section 8282, Pub. L. 89-10, title X, Sec. 10962, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3849, set

forth purpose of subpart.

Section 8283, Pub. L. 89-10, title X, Sec. 10963, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3849,

authorized urban school grants.

Section 8284, Pub. L. 89-10, title X, Sec. 10964, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3852, set

forth special rules.

-CITE-

20 USC subpart 2 - rural education initiative 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 2 - rural education initiative

.

-HEAD-

subpart 2 - rural education initiative

-CITE-

20 USC Sec. 8291 to 8297 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 2 - rural education initiative

-HEAD-

Sec. 8291 to 8297. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8291, Pub. L. 89-10, title X, Sec. 10972, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-89, set out purpose of this subpart. See section

7341a of this title.

A prior section 8291, Pub. L. 89-10, title X, Sec. 10971, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3852, set out findings, prior to the general amendment of this

subpart by Pub. L. 106-554.

Section 8292, Pub. L. 89-10, title X, Sec. 10973, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-89, authorized appropriations. See section 7355c

of this title.

A prior section 8292, Pub. L. 89-10, title X, Sec. 10972, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3853, related to the purpose of this subpart, prior to the general

amendment of this subpart by Pub. L. 106-554.

Section 8293, Pub. L. 89-10, title X, Sec. 10974, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-89, authorized formula grant program. See

sections 7345a and 7351 of this title.

A prior section 8293, Pub. L. 89-10, title X, Sec. 10973, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3854, authorized rural school grants, prior to the general

amendment of this subpart by Pub. L. 106-554.

Section 8294, Pub. L. 89-10, title X, Sec. 10975, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-90, authorized competitive grant program. See

sections 7345a and 7351 of this title.

A prior section 8294, Pub. L. 89-10, title X, Sec. 10974, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3854, related to fund usage, prior to the general amendment of this

subpart by Pub. L. 106-554.

Section 8295, Pub. L. 89-10, title X, Sec. 10976, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-91, related to accountability. See sections

7345b and 7351c of this title.

A prior section 8295, Pub. L. 89-10, title X, Sec. 10975, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3857, related to higher education grants, prior to the general

amendment of this subpart by Pub. L. 106-554.

Section 8296, Pub. L. 89-10, title X, Sec. 10977, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-92, related to ratable reductions in case of

insufficient appropriations.

Section 8297, Pub. L. 89-10, title X, Sec. 10978, as added Pub.

L. 106-554, Sec. 1(a)(1) (title IX, Sec. 901), Dec. 21, 2000, 114

Stat. 2763, 2763A-92, related to applicability of former sections

8271 and 8272 of this title.

-CITE-

20 USC subpart 3 - white house conferences 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 3 - white house conferences

.

-HEAD-

subpart 3 - white house conferences

-CITE-

20 USC Sec. 8311, 8312 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part J - Urban and Rural Education Assistance

subpart 3 - white house conferences

-HEAD-

Sec. 8311, 8312. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8311, Pub. L. 89-10, title X, Sec. 10981, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3857,

related to White House Conference on Urban Education.

Section 8312, Pub. L. 89-10, title X, Sec. 10982, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3858,

related to White House Conference on Rural Education.

-CITE-

20 USC Part K - National Writing Project 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part K - National Writing Project

.

-HEAD-

Part K - National Writing Project

-CITE-

20 USC Sec. 8331, 8332 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part K - National Writing Project

-HEAD-

Sec. 8331, 8332. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8331, Pub. L. 89-10, title X, Sec. 10991, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3859, set

forth findings.

Section 8332, Pub. L. 89-10, title X, Sec. 10992, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3861,

related to National Writing Project. See section 6702 of this

title.

-CITE-

20 USC Part L - Physical Education for Progress 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part L - Physical Education for Progress

.

-HEAD-

Part L - Physical Education for Progress

-CITE-

20 USC Sec. 8351 to 8361 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part L - Physical Education for Progress

-HEAD-

Sec. 8351 to 8361. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8351, Pub. L. 89-10, title X, Sec. 10999B, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-76, set forth purpose of part. See section 7261a

of this title.

A prior section 8351, Pub. L. 89-10, title X, Sec. 10993, as

added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3863, related to extended time for learning and longer school year,

prior to repeal by Pub. L. 105-277, div. A, Sec. 101(f) (title

VIII, Sec. 301(c)(3)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-410.

Section 8352, Pub. L. 89-10, title X, Sec. 10999C, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-77, set forth findings.

Section 8353, Pub. L. 89-10, title X, Sec. 10999D, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-77, authorized program. See section 7261b of

this title.

Section 8354, Pub. L. 89-10, title X, Sec. 10999E, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-78, related to applications and program

elements. See section 7261c of this title.

Section 8355, Pub. L. 89-10, title X, Sec. 10999F, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-78, related to proportionality. See section

7261e of this title.

Section 8356, Pub. L. 89-10, title X, Sec. 10999G, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-78, related to participation of private school

students and home-schooled students. See section 7261c of this

title.

Section 8357, Pub. L. 89-10, title X, Sec. 10999H, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-78, required report for continued funding. See

section 7261d of this title.

Section 8358, Pub. L. 89-10, title X, Sec. 10999I, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-78, required report to Congress. See section

7261e of this title.

Section 8359, Pub. L. 89-10, title X, Sec. 10999J, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-79, related to administrative costs. See section

7261d of this title.

Section 8360, Pub. L. 89-10, title X, Sec. 10999K, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-79, related to Federal share and supplementing,

not supplanting, funds. See sections 7261e and 7261f of this

title.

Section 8361, Pub. L. 89-10, title X, Sec. 10999L, as added Pub.

L. 106-554, Sec. 1(a)(1) (title VII, Sec. 701), Dec. 21, 2000, 114

Stat. 2763, 2763A-79, authorized appropriations.

-CITE-

20 USC Part M - Territorial Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part M - Territorial Assistance

.

-HEAD-

Part M - Territorial Assistance

-CITE-

20 USC Sec. 8371 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER X - PROGRAMS OF NATIONAL SIGNIFICANCE

Part M - Territorial Assistance

-HEAD-

Sec. 8371. Repealed. Pub. L. 105-277, div. A, Sec. 101(f) (title

VIII, Sec. 301(c)(4)), Oct. 21, 1998, 112 Stat. 2681-337,

2681-410

-MISC1-

Section, Pub. L. 89-10, title X, Sec. 10995, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3867, related

to general assistance to improve public education in the Virgin

Islands.

-CITE-

20 USC SUBCHAPTER XI - COORDINATED SERVICES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XI - COORDINATED SERVICES

.

-HEAD-

SUBCHAPTER XI - COORDINATED SERVICES

-CITE-

20 USC Sec. 8401 to 8407 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XI - COORDINATED SERVICES

-HEAD-

Sec. 8401 to 8407. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8401, Pub. L. 89-10, title XI, Sec. 11001, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3867, set

forth findings and purpose.

Section 8402, Pub. L. 89-10, title XI, Sec. 11002, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3868,

defined terms.

Section 8403, Pub. L. 89-10, title XI, Sec. 11003, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3868,

related to authority to use funds.

Section 8404, Pub. L. 89-10, title XI, Sec. 11004, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3868,

related to project development and implementation.

Section 8405, Pub. L. 89-10, title XI, Sec. 11005, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3869,

related to uses of funds.

Section 8406, Pub. L. 89-10, title XI, Sec. 11006, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3870,

related to continuing authority to use funds.

Section 8407, Pub. L. 89-10, title XI, Sec. 11007, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3870,

related to identification of barriers to service coordination.

-CITE-

20 USC SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE

IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

.

-HEAD-

SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

-CITE-

20 USC Sec. 8501 to 8513 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XII - SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

-HEAD-

Sec. 8501 to 8513. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8501, Pub. L. 89-10, title XII, Sec. 12001, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3870, set

out short title of the Education Infrastructure Act of 1994.

Section 8502, Pub. L. 89-10, title XII, Sec. 12002, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3870, set

forth findings.

Section 8503, Pub. L. 89-10, title XII, Sec. 12003, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3871, set

forth purpose.

Section 8504, Pub. L. 89-10, title XII, Sec. 12004, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3871,

authorized program for improvement of public elementary and

secondary education facilities.

Section 8505, Pub. L. 89-10, title XII, Sec. 12005, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3871,

related to award of grants.

Section 8506, Pub. L. 89-10, title XII, Sec. 12006, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3872,

related to applications.

Section 8507, Pub. L. 89-10, title XII, Sec. 12007, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3872,

related to authorized activities.

Section 8508, Pub. L. 89-10, title XII, Sec. 12008, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3873,

related to budget and accounting, use of funds, powers of

Secretary, contracts for supplies or services, and applicability of

provisions of title 31.

Section 8509, Pub. L. 89-10, title XII, Sec. 12009, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3874,

related to payment of fair wages.

Section 8510, Pub. L. 89-10, title XII, Sec. 12010, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3874, set

forth special rules and general limitations.

Section 8511, Pub. L. 89-10, title XII, Sec. 12011, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3875,

related to Federal assessment.

Section 8512, Pub. L. 89-10, title XII, Sec. 12012, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3875,

defined terms.

Section 8513, Pub. L. 89-10, title XII, Sec. 12013, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3875,

authorized appropriations.

-CITE-

20 USC SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS

TO IMPROVE EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

.

-HEAD-

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

-CITE-

20 USC Sec. 8601, 8602 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

-HEAD-

Sec. 8601, 8602. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(B), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8601, Pub. L. 89-10, title XIII, Sec. 13001, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3876,

set forth findings.

Section 8602, Pub. L. 89-10, title XIII, Sec. 13002, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3876,

set forth purpose of subchapter.

-CITE-

20 USC Part A - Comprehensive Regional Assistance Centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part A - Comprehensive Regional Assistance Centers

.

-HEAD-

Part A - Comprehensive Regional Assistance Centers

-COD-

CODIFICATION

Part A of title XIII of Pub. L. 89-10, comprising this part, was

renumbered part K of title IX of Pub. L. 103-227, the Educational

Research, Development, Dissemination, and Improvement Act of 1994,

by Pub. L. 107-110, title X, Sec. 1021(a), Jan. 8, 2002, 115 Stat.

1987, transferred to part G (Sec. 6053 et seq.) of subchapter IX of

chapter 68 of this title, and subsequently repealed.

-CITE-

20 USC Sec. 8621 to 8625 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part A - Comprehensive Regional Assistance Centers

-HEAD-

Sec. 8621 to 8625. Transferred

-COD-

CODIFICATION

Section 8621, Pub. L. 89-10, title XIII, Sec. 13101, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3877,

which authorized grant program for comprehensive regional

assistance centers, was renumbered section 1001 of the Educational

Research, Development, Dissemination, and Improvement Act of 1994

by Pub. L. 107-110, title X, Sec. 1021(a), (b), Jan. 8, 2002, 115

Stat. 1987, transferred to section 6053 of this title, and

subsequently repealed.

Section 8622, Pub. L. 89-10, title XIII, Sec. 13102, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3878,

which set forth requirements of comprehensive regional assistance

centers, was renumbered section 1002 of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 by Pub. L.

107-110, title X, Sec. 1021(a), (b), Jan. 8, 2002, 115 Stat. 1987,

transferred to section 6053a of this title, and subsequently

repealed.

Section 8623, Pub. L. 89-10, title XIII, Sec. 13103, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3879,

which related to maintenance of service and application

requirements, was renumbered section 1003 of the Educational

Research, Development, Dissemination, and Improvement Act of 1994

by Pub. L. 107-110, title X, Sec. 1021(a), (b), Jan. 8, 2002, 115

Stat. 1987, transferred to section 6053b of this title, and

subsequently repealed.

Section 8624, Pub. L. 89-10, title XIII, Sec. 13104, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880,

which related to transition and phase in, was renumbered section

1004 of the Educational Research, Development, Dissemination, and

Improvement Act of 1994 by Pub. L. 107-110, title X, Sec. 1021(a),

(b), Jan. 8, 2002, 115 Stat. 1987, transferred to section 6053c of

this title, and subsequently repealed.

Section 8625, Pub. L. 89-10, title XIII, Sec. 13105, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880,

which authorized appropriations, was renumbered section 1005 of the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 by Pub. L. 107-110, title X, Sec. 1021(a), (b), Jan. 8,

2002, 115 Stat. 1987, transferred to section 6053d of this title,

and subsequently repealed.

-CITE-

20 USC Part B - National Diffusion Network 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part B - National Diffusion Network

.

-HEAD-

Part B - National Diffusion Network

-COD-

CODIFICATION

Part B of title XIII of Pub. L. 89-10, comprising this part, was

renumbered part L of title IX of Pub. L. 103-227, the Educational

Research, Development, Dissemination, and Improvement Act of 1994,

by Pub. L. 107-110, title X, Sec. 1022(a), Jan. 8, 2002, 115 Stat.

1987, transferred to part H (Sec. 6054 et seq.) of subchapter IX of

chapter 68 of this title, and subsequently repealed.

-CITE-

20 USC Sec. 8651, 8652 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part B - National Diffusion Network

-HEAD-

Sec. 8651, 8652. Transferred

-COD-

CODIFICATION

Section 8651, Pub. L. 89-10, title XIII, Sec. 13201, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880,

which authorized National Diffusion Network program, was renumbered

section 1011 of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 by Pub. L. 107-110,

title X, Sec. 1022(a), (b), Jan. 8, 2002, 115 Stat. 1987,

transferred to section 6054 of this title, and subsequently

repealed.

Section 8652, Pub. L. 89-10, title XIII, Sec. 13202, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3882,

which authorized appropriations, was renumbered section 1012 of the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 by Pub. L. 107-110, title X, Sec. 1022(a), (b), Jan. 8,

2002, 115 Stat. 1987, transferred to section 6054a of this title,

and subsequently repealed.

-CITE-

20 USC Part C - Eisenhower Regional Mathematics and

Science Education Consortia 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part C - Eisenhower Regional Mathematics and Science Education

Consortia

.

-HEAD-

Part C - Eisenhower Regional Mathematics and Science Education

Consortia

-COD-

CODIFICATION

Part C of title XIII of Pub. L. 89-10, comprising this part, was

renumbered part M of title IX of Pub. L. 103-227, the Educational

Research, Development, Dissemination, and Improvement Act of 1994,

by Pub. L. 107-110, title X, Sec. 1023(a), Jan. 8, 2002, 115 Stat.

1987, transferred to part I (Sec. 6055 et seq.) of subchapter IX of

chapter 68 of this title, and subsequently repealed.

-CITE-

20 USC Sec. 8671 to 8678 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part C - Eisenhower Regional Mathematics and Science Education

Consortia

-HEAD-

Sec. 8671 to 8678. Transferred

-COD-

CODIFICATION

Section 8671, Pub. L. 89-10, title XIII, Sec. 13301, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3882,

which established regional mathematics and science education

consortia program, was renumbered section 1021 of the Educational

Research, Development, Dissemination, and Improvement Act of 1994

by Pub. L. 107-110, title X, Sec. 1023(a), (b), Jan. 8, 2002, 115

Stat. 1987, transferred to section 6055 of this title, and

subsequently repealed.

Section 8672, Pub. L. 89-10, title XIII, Sec. 13302, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3883,

which related to use of funds, was renumbered section 1022 of the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 by Pub. L. 107-110, title X, Sec. 1023(a), (b), Jan. 8,

2002, 115 Stat. 1987, transferred to section 6055a of this title,

and subsequently repealed.

Section 8673, Pub. L. 89-10, title XIII, Sec. 13303, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3884,

which related to application and review, was renumbered section

1023 of the Educational Research, Development, Dissemination, and

Improvement Act of 1994 by Pub. L. 107-110, title X, Sec. 1023(a),

(b), Jan. 8, 2002, 115 Stat. 1987, transferred to section 6055b of

this title, and subsequently repealed.

Section 8674, Pub. L. 89-10, title XIII, Sec. 13304, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885,

which directed the establishment of regional boards, was renumbered

section 1024 of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 by Pub. L. 107-110,

title X, Sec. 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,

transferred to section 6055c of this title, and subsequently

repealed.

Section 8675, Pub. L. 89-10, title XIII, Sec. 13305, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885,

which authorized payments and described Federal and non-Federal

shares, was renumbered section 1025 of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 by Pub. L.

107-110, title X, Sec. 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,

transferred to section 6055d of this title, and subsequently

repealed.

Section 8676, Pub. L. 89-10, title XIII, Sec. 13306, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885,

which required evaluation of regional consortia, was renumbered

section 1026 of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 by Pub. L. 107-110,

title X, Sec. 1023(a), (b), Jan. 8, 2002, 115 Stat. 1987,

transferred to section 6055e of this title, and subsequently

repealed.

Section 8677, Pub. L. 89-10, title XIII, Sec. 13307, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886,

which defined terms, was renumbered section 1027 of the Educational

Research, Development, Dissemination, and Improvement Act of 1994

by Pub. L. 107-110, title X, Sec. 1023(a), (b), Jan. 8, 2002, 115

Stat. 1987, transferred to section 6055f of this title, and

subsequently repealed.

Section 8678, Pub. L. 89-10, title XIII, Sec. 13308, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886,

which authorized appropriations, was renumbered section 1028 of the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 by Pub. L. 107-110, title X, Sec. 1023(a), (b), Jan. 8,

2002, 115 Stat. 1987, transferred to section 6055g of this title,

and subsequently repealed.

-CITE-

20 USC Part D - Technology-Based Technical Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part D - Technology-Based Technical Assistance

.

-HEAD-

Part D - Technology-Based Technical Assistance

-COD-

CODIFICATION

Part D of title XIII of Pub. L. 89-10, comprising this part, was

renumbered part N of title IX of Pub. L. 103-227, the Educational

Research, Development, Dissemination, and Improvement Act of 1994,

by Pub. L. 107-110, title X, Sec. 1024(a), Jan. 8, 2002, 115 Stat.

1987, transferred to part J (Sec. 6056 et seq.) of subchapter IX of

chapter 68 of this title, and subsequently repealed.

-CITE-

20 USC Sec. 8701 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIII - SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE

EDUCATION

Part D - Technology-Based Technical Assistance

-HEAD-

Sec. 8701. Transferred

-COD-

CODIFICATION

Section, Pub. L. 89-10, title XIII, Sec. 13401, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886, which

authorized technology-based technical assistance, was renumbered

section 1031 of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 by Pub. L. 107-110,

title X, Sec. 1024(a), (b), Jan. 8, 2002, 115 Stat. 1987, 1988,

transferred to section 6056 of this title, and subsequently

repealed.

-CITE-

20 USC SUBCHAPTER XIV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER XIV - GENERAL PROVISIONS

-CITE-

20 USC Part A - Definitions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part A - Definitions

.

-HEAD-

Part A - Definitions

-CITE-

20 USC Sec. 8801 to 8803 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 8801 to 8803. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8801, Pub. L. 89-10, title XIV, Sec. 14101, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3887;

amended Pub. L. 105-244, title I, Sec. 102(a)(6)(K), Oct. 7, 1998,

112 Stat. 1619; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII,

Sec. 101(b)(5)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-407; Pub.

L. 105-278, Sec. 3(j), Oct. 22, 1998, 112 Stat. 2688; Pub. L.

106-554, Sec. 1(a)(4) (div. B, title XVI, Sec. 1606(a)), Dec. 21,

2000, 114 Stat. 2763, 2763A-334, defined terms. See section 7801

of this title.

Section 8802, Pub. L. 89-10, title XIV, Sec. 14102, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3890,

related to applicability of subchapter. See section 7802 of this

title.

Section 8803, Pub. L. 89-10, title XIV, Sec. 14103, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3890,

related to applicability of chapter to Bureau of Indian Affairs

operated schools. See section 7803 of this title.

-CITE-

20 USC Part B - Flexibility in the Use of Administrative

and Other Funds 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

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

.

-HEAD-

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

-CITE-

20 USC Sec. 8821 to 8826 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

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

-HEAD-

Sec. 8821 to 8826. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8821, Pub. L. 89-10, title XIV, Sec. 14201, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3890,

related to consolidation of State administrative funds for

elementary and secondary education programs. See section 7821 of

this title.

Section 8822, Pub. L. 89-10, title XIV, Sec. 14202, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3891,

related to single local educational agency States. See section 7822

of this title.

Section 8823, Pub. L. 89-10, title XIV, Sec. 14203, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3892,

related to consolidation of funds for local administration. See

section 7823 of this title.

Section 8824, Pub. L. 89-10, title XIV, Sec. 14204, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3892,

related to administrative funds studies.

Section 8825, Pub. L. 89-10, title XIV, Sec. 14205, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3893;

amended Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675,

related to consolidated set-aside for Department of the Interior

funds. See section 7824 of this title.

Section 8826, Pub. L. 89-10, title XIV, Sec. 14206, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3894,

related to availability of unneeded program funds.

-CITE-

20 USC Part C - Coordination of Programs; Consolidated

State and Local Plans and Applications 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

.

-HEAD-

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-CITE-

20 USC Sec. 8851 to 8857 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part C - Coordination of Programs; Consolidated State and Local

Plans and Applications

-HEAD-

Sec. 8851 to 8857. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8851, Pub. L. 89-10, title XIV, Sec. 14301, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3894, set

forth purpose of part. See section 7841 of this title.

Section 8852, Pub. L. 89-10, title XIV, Sec. 14302, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3894;

amended Pub. L. 105-332, Sec. 3(c)(3), Oct. 31, 1998, 112 Stat.

3125, related to optional consolidated State plans or

applications. See section 7842 of this title.

Section 8853, Pub. L. 89-10, title XIV, Sec. 14303, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3895,

related to general applicability of State educational agency

assurances. See section 7844 of this title.

Section 8854, Pub. L. 89-10, title XIV, Sec. 14304, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3896,

required report on additional coordination.

Section 8855, Pub. L. 89-10, title XIV, Sec. 14305, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3896,

related to consolidated local plans or applications. See section

7845 of this title.

Section 8856, Pub. L. 89-10, title XIV, Sec. 14306, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3897,

related to other general assurances. See section 7846 of this

title.

Section 8857, Pub. L. 89-10, title XIV, Sec. 14307, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3898;

amended Pub. L. 105-332, Sec. 3(c)(4), Oct. 31, 1998, 112 Stat.

3126, related to relationship of State and local plans to plans

under Goals 2000: Educate America Act.

-CITE-

20 USC Part D - Waivers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part D - Waivers

.

-HEAD-

Part D - Waivers

-CITE-

20 USC Sec. 8881 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part D - Waivers

-HEAD-

Sec. 8881. Repealed. Pub. L. 107-110, title X, Sec. 1011(5)(C),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 89-10, title XIV, Sec. 14401, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3899, related

to waivers of statutory and regulatory requirements. See section

7861 of this title.

-CITE-

20 USC Part E - Uniform Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part E - Uniform Provisions

.

-HEAD-

Part E - Uniform Provisions

-CITE-

20 USC Sec. 8891 to 8904 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part E - Uniform Provisions

-HEAD-

Sec. 8891 to 8904. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8891, Pub. L. 89-10, title XIV, Sec. 14501, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3901,

related to maintenance of effort. See section 7901 of this title.

Section 8892, Pub. L. 89-10, title XIV, Sec. 14502, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3902,

related to prohibition regarding State aid. See section 7902 of

this title.

Section 8893, Pub. L. 89-10, title XIV, Sec. 14503, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3902;

amended Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

101(b)(6)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-407, related to

participation by private school children and teachers. See section

7881 of this title.

Section 8894, Pub. L. 89-10, title XIV, Sec. 14504, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3903, set

forth standards for by-pass of requirements. See section 7882 of

this title.

Section 8895, Pub. L. 89-10, title XIV, Sec. 14505, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3904,

related to complaint process for participation of private school

children. See section 7883 of this title.

Section 8896, Pub. L. 89-10, title XIV, Sec. 14506, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3904,

related to by-pass determination process. See section 7884 of this

title.

Section 8897, Pub. L. 89-10, title XIV, Sec. 14507, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3905,

prohibited payments for religious worship or instruction. See

section 7885 of this title.

Section 8898, Pub. L. 89-10, title XIV, Sec. 14508, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3905,

related to applicability of chapter to home schools. See section

7886 of this title.

Section 8899, Pub. L. 89-10, title XIV, Sec. 14509, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3905,

related to construction of provisions prohibiting Federal control

of nonrecipient nonpublic schools. See section 7886 of this title.

Section 8900, Pub. L. 89-10, title XIV, Sec. 14510, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3906,

related to school prayer. See section 7904 of this title.

Section 8901, Pub. L. 89-10, title XIV, Sec. 14511, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3906, set

forth general prohibitions. See section 7906 of this title.

Section 8902, Pub. L. 89-10, title XIV, Sec. 14512, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3906,

contained prohibition on Federal mandates, direction, and control.

See section 7907 of this title.

Section 8903, Pub. L. 89-10, title XIV, Sec. 14513, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3906,

required report on changes made by the Improving America's Schools

Act of 1994.

Section 8904, Pub. L. 89-10, title XIV, Sec. 14514, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3907,

related to participation in Goals 2000: Educate America Act

programs.

-CITE-

20 USC Part F - Gun Possession 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part F - Gun Possession

.

-HEAD-

Part F - Gun Possession

-CITE-

20 USC Sec. 8921 to 8923 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part F - Gun Possession

-HEAD-

Sec. 8921 to 8923. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8921, Pub. L. 89-10, title XIV, Sec. 14601, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3907,

related to gun-free requirements. See section 7151 of this title.

Section 8922, Pub. L. 89-10, title XIV, Sec. 14602, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3908,

related to policy regarding criminal justice system referral. See

section 7151 of this title.

Section 8923, Pub. L. 89-10, title XIV, Sec. 14603, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3908,

related to data and policy dissemination under the Individuals with

Disabilities Education Act.

-CITE-

20 USC Part G - Evaluations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part G - Evaluations

.

-HEAD-

Part G - Evaluations

-CITE-

20 USC Sec. 8941 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part G - Evaluations

-HEAD-

Sec. 8941. Repealed. Pub. L. 107-110, title X, Sec. 1011(5)(C),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 89-10, title XIV, Sec. 14701, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3908; amended

Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec. 703(b)(5)),

Apr. 26, 1996, 110 Stat. 1321-211, 1321-255; renumbered title I,

Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, related to

evaluations. See section 7941 of this title.

-CITE-

20 USC Part H - Sense of Congress 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part H - Sense of Congress

.

-HEAD-

Part H - Sense of Congress

-CITE-

20 USC Sec. 8961, 8962 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER XIV - GENERAL PROVISIONS

Part H - Sense of Congress

-HEAD-

Sec. 8961, 8962. Repealed. Pub. L. 107-110, title X, Sec.

1011(5)(C), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 8961, Pub. L. 89-10, title XIV, Sec. 14801, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3911,

expressed sense of Congress to increase total share of Federal

spending on education.

Section 8962, Pub. L. 89-10, title XIV, Sec. 14802, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3912,

expressed sense of Congress regarding purchase of American-made

equipment and products.

-CITE-