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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  • País: Estados Unidos Estados Unidos
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publicidad

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 3 - gun possession

.

-HEAD-

subpart 3 - gun possession

-CITE-

20 USC Sec. 7151 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 3 - gun possession

-HEAD-

Sec. 7151. Gun-free requirements

-STATUTE-

(a) Short title

This subpart may be cited as the ''Gun-Free Schools Act''.

(b) Requirements

(1) In general

Each State receiving Federal funds under any subchapter of this

chapter shall have in effect a State law requiring local

educational agencies to expel from school for a period of not

less than 1 year a student who is determined to have brought a

firearm to a school, or to have possessed a firearm at a school,

under the jurisdiction of local educational agencies in that

State, except that such State law shall allow the chief

administering officer of a local educational agency to modify

such expulsion requirement for a student on a case-by-case basis

if such modification is in writing.

(2) Construction

Nothing in this subpart shall be construed to prevent a State

from allowing a local educational agency that has expelled a

student from such a student's regular school setting from

providing educational services to such student in an alternative

setting.

(3) Definition

For the purpose of this section, the term ''firearm'' has the

same meaning given such term in section 921(a) of title 18.

(c) Special rule

The provisions of this section shall be construed in a manner

consistent with the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.).

(d) Report to State

Each local educational agency requesting assistance from the

State educational agency that is to be provided from funds made

available to the State under any subchapter of this chapter shall

provide to the State, in the application requesting such assistance

-

(1) an assurance that such local educational agency is in

compliance with the State law required by subsection (b) of this

section; and

(2) a description of the circumstances surrounding any

expulsions imposed under the State law required by subsection (b)

of this section, including -

(A) the name of the school concerned;

(B) the number of students expelled from such school; and

(C) the type of firearms concerned.

(e) Reporting

Each State shall report the information described in subsection

(d) of this section to the Secretary on an annual basis.

(f) Definition

For the purpose of subsection (d) of this section, the term

''school'' means any setting that is under the control and

supervision of the local educational agency for the purpose of

student activities approved and authorized by the local educational

agency.

(g) Exception

Nothing in this section shall apply to a firearm that is lawfully

stored inside a locked vehicle on school property, or if it is for

activities approved and authorized by the local educational agency

and the local educational agency adopts appropriate safeguards to

ensure student safety.

(h) Policy regarding criminal justice system referral

(1) In general

No funds shall be made available under any subchapter of this

chapter to any local educational agency unless such agency has a

policy requiring referral to the criminal justice or juvenile

delinquency system of any student who brings a firearm or weapon

to a school served by such agency.

(2) Definition

For the purpose of this subsection, the term ''school'' has the

same meaning given to such term by section 921(a) of title 18.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4141, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1762.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (c), 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.

-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 IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

.

-HEAD-

subpart 4 - general provisions

-CITE-

20 USC Sec. 7161 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

-HEAD-

Sec. 7161. Definitions

-STATUTE-

In this part:

(1) Controlled substance

The term ''controlled substance'' means a drug or other

substance identified under Schedule I, II, III, IV, or V in

section 812(c) of title 21.

(2) Drug

The term ''drug'' includes controlled substances; the illegal

use of alcohol and tobacco; and the harmful, abusive, or

addictive use of substances, including inhalants and anabolic

steroids.

(3) Drug and violence prevention

The term ''drug and violence prevention'' means -

(A) with respect to drugs, prevention, early intervention,

rehabilitation referral, or education related to the illegal

use of drugs;

(B) with respect to violence, the promotion of school safety,

such that students and school personnel are free from violent

and disruptive acts, including sexual harassment and abuse, and

victimization associated with prejudice and intolerance, on

school premises, going to and from school, and at

school-sponsored activities, through the creation and

maintenance of a school environment that is free of weapons and

fosters individual responsibility and respect for the rights of

others.

(4) Hate crime

The term ''hate crime'' means a crime as described in section

1(b) of the Hate Crime Statistics Act of 1990.

(5) Nonprofit

The term ''nonprofit'', as applied to a school, agency,

organization, or institution means a school, agency,

organization, or institution owned and operated by one or more

nonprofit corporations or associations, no part of the net

earnings of which inures, or may lawfully inure, to the benefit

of any private shareholder or individual.

(6) Protective factor, buffer, or asset

The terms ''protective factor'', ''buffer'', and ''asset'' mean

any one of a number of the community, school, family, or

peer-individual domains that are known, through prospective,

longitudinal research efforts, or which are grounded in a

well-established theoretical model of prevention, and have been

shown to prevent alcohol, tobacco, or illegal drug use, as well

as violent behavior, by youth in the community, and which promote

positive youth development.

(7) Risk factor

The term ''risk factor'' means any one of a number of

characteristics of the community, school, family, or

peer-individual domains that are known, through prospective,

longitudinal research efforts, to be predictive of alcohol,

tobacco, and illegal drug use, as well as violent behavior, by

youth in the school and community.

(8) School-aged population

The term ''school-aged population'' means the population aged

five through 17, as determined by the Secretary on the basis of

the most recent satisfactory data available from the Department

of Commerce.

(9) School based mental health services provider

The term ''school based mental health services provider''

includes a State licensed or State certified school counselor,

school psychologist, school social worker, or other State

licensed or certified mental health professional qualified under

State law to provide such services to children and adolescents.

(10) School personnel

The term ''school personnel'' includes teachers, principals,

administrators, counselors, social workers, psychologists,

nurses, librarians, and other support staff who are employed by a

school or who perform services for the school on a contractual

basis.

(11) School resource officer

The term ''school resource officer'' means a career law

enforcement officer, with sworn authority, deployed in community

oriented policing, and assigned by the employing police

department to a local educational agency to work in collaboration

with schools and community based organizations to -

(A) educate students in crime and illegal drug use prevention

and safety;

(B) develop or expand community justice initiatives for

students; and

(C) train students in conflict resolution, restorative

justice, and crime and illegal drug use awareness.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4151, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1763.)

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the Hate Crime Statistics Act of 1990, referred

to in par. (4), is section 1(b) of Pub. L. 101-275, which is set

out as a note under section 534 of Title 28, Judiciary and Judicial

Procedure.

-CITE-

20 USC Sec. 7162 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

-HEAD-

Sec. 7162. Message and materials

-STATUTE-

(a) ''Wrong and harmful'' message

Drug and violence prevention programs supported under this part

shall convey a clear and consistent message that the illegal use of

drugs and acts of violence are wrong and harmful.

(b) Curriculum

The Secretary shall not prescribe the use of specific curricula

for programs supported under this part.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4152, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1764.)

-CITE-

20 USC Sec. 7163 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

-HEAD-

Sec. 7163. Parental consent

-STATUTE-

Upon receipt of written notification from the parents or legal

guardians of a student, the local educational agency shall withdraw

such student from any program or activity funded under this part.

The local educational agency shall make reasonable efforts to

inform parents or legal guardians of the content of such programs

or activities funded under this part, other than classroom

instruction.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4153, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1765.)

-CITE-

20 USC Sec. 7164 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

-HEAD-

Sec. 7164. Prohibited uses of funds

-STATUTE-

No funds under this part may be used for -

(1) construction (except for minor remodeling needed to

accomplish the purposes of this part); or

(2) medical services, drug treatment or rehabilitation, except

for pupil services or referral to treatment for students who are

victims of, or witnesses to, crime or who illegally use drugs.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4154, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1765.)

-CITE-

20 USC Sec. 7165 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part A - Safe and Drug-Free Schools and Communities

subpart 4 - general provisions

-HEAD-

Sec. 7165. Transfer of school disciplinary records

-STATUTE-

(a) Nonapplication of provisions

This section shall not apply to any disciplinary records with

respect to a suspension or expulsion that are transferred from a

private, parochial or other nonpublic school, person, institution,

or other entity, that provides education below the college level.

(b) Disciplinary records

In accordance with the Family Educational Rights and Privacy Act

of 1974 (20 U.S.C. 1232g), not later than 2 years after January 8,

2002, each State receiving Federal funds under this chapter shall

provide an assurance to the Secretary that the State has a

procedure in place to facilitate the transfer of disciplinary

records, with respect to a suspension or expulsion, by local

educational agencies to any private or public elementary school or

secondary school for any student who is enrolled or seeks, intends,

or is instructed to enroll, on a full- or part-time basis, in the

school.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4155, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1765.)

-REFTEXT-

REFERENCES IN TEXT

The Family Educational Rights and Privacy Act of 1974, referred

to in subsec. (b), is section 513 of Pub. L. 93-380, title V, Aug.

21, 1974, 88 Stat. 571, as amended, which enacted section 1232g of

this title and provisions set out as notes under sections 1221 and

1232g of this title. For complete classification of this Act to

the Code, see Short Title of 1974 Amendment note set out under

section 1221 of this title and Tables.

-CITE-

20 USC Part B - 21st Century Community Learning Centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

.

-HEAD-

Part B - 21st Century Community Learning Centers

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7345, 7345a, 7801, 7881 of

this title.

-CITE-

20 USC Sec. 7171 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7171. Purpose; definitions

-STATUTE-

(a) Purpose

The purpose of this part is to provide opportunities for

communities to establish or expand activities in community learning

centers that -

(1) provide opportunities for academic enrichment, including

providing tutorial services to help students, particularly

students who attend low-performing schools, to meet State and

local student academic achievement standards in core academic

subjects, such as reading and mathematics;

(2) offer students a broad array of additional services,

programs, and activities, such as youth development activities,

drug and violence prevention programs, counseling programs, art,

music, and recreation programs, technology education programs,

and character education programs, that are designed to reinforce

and complement the regular academic program of participating

students; and

(3) offer families of students served by community learning

centers opportunities for literacy and related educational

development.

(b) Definitions

In this part:

(1) Community learning center

The term ''community learning center'' means an entity that -

(A) assists students in meeting State and local academic

achievement standards in core academic subjects, such as

reading and mathematics, by providing the students with

opportunities for academic enrichment activities and a broad

array of other activities (such as drug and violence

prevention, counseling, art, music, recreation, technology, and

character education programs) during nonschool hours or periods

when school is not in session (such as before and after school

or during summer recess) that reinforce and complement the

regular academic programs of the schools attended by the

students served; and

(B) offers families of students served by such center

opportunities for literacy and related educational development.

(2) Covered program

The term ''covered program'' means a program for which -

(A) the Secretary made a grant under part I of title X (as

such part was in effect on the day before January 8, 2002); and

(B) the grant period had not ended on January 8, 2002.

(3) Eligible entity

The term ''eligible entity'' means a local educational agency,

community-based organization, another public or private entity,

or a consortium of two or more of such agencies, organizations,

or entities.

(4) State

The term ''State'' means each of the 50 States, the District of

Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4201, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1765.)

-REFTEXT-

REFERENCES IN TEXT

Part I of title X (as such part was in effect on the day before

January 8, 2002), referred to in subsec. (b)(2)(A), means part I of

title X of Pub. L. 89-10, as added by Pub. L. 103-382, title I,

Sec. 101, Oct. 20, 1994, 108 Stat. 3844, which was classified

generally to part I (Sec. 8241 et seq.) of subchapter X of this

chapter, prior to repeal by Pub. L. 107-110, title X, Sec.

1011(5)(A), Jan. 8, 2002, 115 Stat. 1986.

-CITE-

20 USC Sec. 7172 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7172. Allotments to States

-STATUTE-

(a) Reservation

From the funds appropriated under section 7176 of this title for

any fiscal year, the Secretary shall reserve -

(1) such amount as may be necessary to make continuation awards

to grant recipients under covered programs (under the terms of

those grants);

(2) not more than 1 percent for national activities, which the

Secretary may carry out directly or through grants and contracts,

such as providing technical assistance to eligible entities

carrying out programs under this part or conducting a national

evaluation; and

(3) not more than 1 percent for payments to the outlying areas

and the Bureau of Indian Affairs, to be allotted in accordance

with their respective needs for assistance under this part, as

determined by the Secretary, to enable the outlying areas and the

Bureau to carry out the purpose of this part.

(b) State allotments

(1) Determination

From the funds appropriated under section 7176 of this title

for any fiscal year and remaining after the Secretary makes

reservations under subsection (a) of this section, the Secretary

shall allot to each State for the fiscal year an amount that

bears the same relationship to the remainder as the amount the

State received under subpart 2 of part A of subchapter I of this

chapter for the preceding fiscal year bears to the amount all

States received under that subpart for the preceding fiscal year,

except that no State shall receive less than an amount equal to

one-half of 1 percent of the total amount made available to all

States under this subsection.

(2) Reallotment of unused funds

If a State does not receive an allotment under this part for a

fiscal year, the Secretary shall reallot the amount of the

State's allotment to the remaining States in accordance with this

section.

(c) State use of funds

(1) In general

Each State that receives an allotment under this part shall

reserve not less than 95 percent of the amount allotted to such

State under subsection (b) of this section, for each fiscal year

for awards to eligible entities under section 7174 of this title.

(2) State administration

A State educational agency may use not more than 2 percent of

the amount made available to the State under subsection (b) of

this section for -

(A) the administrative costs of carrying out its

responsibilities under this part;

(B) establishing and implementing a peer review process for

grant applications described in section 7174(b) of this title

(including consultation with the Governor and other State

agencies responsible for administering youth development

programs and adult learning activities); and

(C) (FOOTNOTE 1) supervising the awarding of funds to

eligible entities (in consultation with the Governor and other

State agencies responsible for administering youth development

programs and adult learning activities).

(FOOTNOTE 1) Subparagraph designation editorially supplied.

(3) State activities

A State educational agency may use not more than 3 percent of

the amount made available to the State under subsection (b) of

this section for the following activities:

(A) Monitoring and evaluation of programs and activities

assisted under this part.

(B) Providing capacity building, training, and technical

assistance under this part.

(C) Comprehensive evaluation (directly, or through a grant or

contract) of the effectiveness of programs and activities

assisted under this part.

(D) Providing training and technical assistance to eligible

entities who are applicants for or recipients of awards under

this part.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4202, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1766.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7173, 7174, 7305b, 7315a

of this title.

-CITE-

20 USC Sec. 7173 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7173. State application

-STATUTE-

(a) In general

In order to receive an allotment under section 7172 of this title

for any fiscal year, a State shall submit to the Secretary, at such

time as the Secretary may require, an application that -

(1) designates the State educational agency as the agency

responsible for the administration and supervision of programs

assisted under this part;

(2) describes how the State educational agency will use funds

received under this part, including funds reserved for

State-level activities;

(3) contains an assurance that the State educational agency

will make awards under this part only to eligible entities that

propose to serve -

(A) students who primarily attend -

(i) schools eligible for schoolwide programs under section

6314 of this title; or

(ii) schools that serve a high percentage of students from

low-income families; and

(B) the families of students described in subparagraph (A);

(4) describes the procedures and criteria the State educational

agency will use for reviewing applications and awarding funds to

eligible entities on a competitive basis, which shall include

procedures and criteria that take into consideration the

likelihood that a proposed community learning center will help

participating students meet local content and student academic

achievement standards;

(5) describes how the State educational agency will ensure that

awards made under this part are -

(A) of sufficient size and scope to support high-quality,

effective programs that are consistent with the purpose of this

part; and

(B) in amounts that are consistent with section 7174(h) of

this title;

(6) describes the steps the State educational agency will take

to ensure that programs implement effective strategies, including

providing ongoing technical assistance and training, evaluation,

and dissemination of promising practices;

(7) describes how programs under this part will be coordinated

with programs under this chapter, and other programs as

appropriate;

(8) contains an assurance that the State educational agency -

(A) will make awards for programs for a period of not less

than 3 years and not more than 5 years; and

(B) will require each eligible entity seeking such an award

to submit a plan describing how the community learning center

to be funded through the award will continue after funding

under this part ends;

(9) contains an assurance that funds appropriated to carry out

this part will be used to supplement, and not supplant, other

Federal, State, and local public funds expended to provide

programs and activities authorized under this part and other

similar programs;

(10) contains an assurance that the State educational agency

will require eligible entities to describe in their applications

under section 7174(b) of this title how the transportation needs

of participating students will be addressed;

(11) provides an assurance that the application was developed

in consultation and coordination with appropriate State

officials, including the chief State school officer, and other

State agencies administering before and after school (or summer

school) programs, the heads of the State health and mental health

agencies or their designees, and representatives of teachers,

parents, students, the business community, and community-based

organizations;

(12) describes the results of the State's needs and resources

assessment for before and after school activities, which shall be

based on the results of on-going State evaluation activities;

(13) describes how the State educational agency will evaluate

the effectiveness of programs and activities carried out under

this part, which shall include, at a minimum -

(A) a description of the performance indicators and

performance measures that will be used to evaluate programs and

activities; and

(B) public dissemination of the evaluations of programs and

activities carried out under this part; and

(14) provides for timely public notice of intent to file an

application and an assurance that the application will be

available for public review after submission.

(b) Deemed approval

An application submitted by a State educational agency pursuant

to subsection (a) of this section shall be deemed to be approved by

the Secretary unless the Secretary makes a written determination,

prior to the expiration of the 120-day period beginning on the date

on which the Secretary received the application, that the

application is not in compliance with this part.

(c) Disapproval

The Secretary shall not finally disapprove the application,

except after giving the State educational agency notice and

opportunity for a hearing.

(d) Notification

If the Secretary finds that the application is not in compliance,

in whole or in part, with this part, the Secretary shall -

(1) give the State educational agency notice and an opportunity

for a hearing; and

(2) notify the State educational agency of the finding of

noncompliance, and, in such notification, shall -

(A) cite the specific provisions in the application that are

not in compliance; and

(B) request additional information, only as to the

noncompliant provisions, needed to make the application

compliant.

(e) Response

If the State educational agency responds to the Secretary's

notification described in subsection (d)(2) of this section during

the 45-day period beginning on the date on which the agency

received the notification, and resubmits the application with the

requested information described in subsection (d)(2)(B) of this

section, the Secretary shall approve or disapprove such application

prior to the later of -

(1) the expiration of the 45-day period beginning on the date

on which the application is resubmitted; or

(2) the expiration of the 120-day period described in

subsection (b) of this section.

(f) Failure to respond

If the State educational agency does not respond to the

Secretary's notification described in subsection (d)(2) of this

section during the 45-day period beginning on the date on which the

agency received the notification, such application shall be deemed

to be disapproved.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4203, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1767.)

-CITE-

20 USC Sec. 7174 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7174. Local competitive grant program

-STATUTE-

(a) In general

A State that receives funds under this part for a fiscal year

shall provide the amount made available under section 7172(c)(1) of

this title to eligible entities for community learning centers in

accordance with this part.

(b) Application

(1) In general

To be eligible to receive an award under this part, an eligible

entity shall submit an application to the State educational

agency at such time, in such manner, and including such

information as the State educational agency may reasonably

require.

(2) Contents

Each application submitted under paragraph (1) shall include -

(A) a description of the before and after school or summer

recess activities to be funded, including -

(i) an assurance that the program will take place in a safe

and easily accessible facility;

(ii) a description of how students participating in the

program carried out by the community learning center will

travel safely to and from the center and home; and

(iii) a description of how the eligible entity will

disseminate information about the community learning center

(including its location) to the community in a manner that is

understandable and accessible;

(B) a description of how the activity is expected to improve

student academic achievement;

(C) an identification of Federal, State, and local programs

that will be combined or coordinated with the proposed program

to make the most effective use of public resources;

(D) an assurance that the proposed program was developed, and

will be carried out, in active collaboration with the schools

the students attend;

(E) a description of how the activities will meet the

principles of effectiveness described in section 7175(b) of

this title;

(F) an assurance that the program will primarily target

students who attend schools eligible for schoolwide programs

under section 6314 of this title and the families of such

students;

(G) an assurance that funds under this part will be used to

increase the level of State, local, and other non-Federal funds

that would, in the absence of funds under this part, be made

available for programs and activities authorized under this

part, and in no case supplant Federal, State, local, or

non-Federal funds;

(H) a description of the partnership between a local

educational agency, a community-based organization, and another

public entity or private entity, if appropriate;

(I) an evaluation of the community needs and available

resources for the community learning center and a description

of how the program proposed to be carried out in the center

will address those needs (including the needs of working

families);

(J) a demonstration that the eligible entity has experience,

or promise of success, in providing educational and related

activities that will complement and enhance the academic

performance, achievement, and positive youth development of the

students;

(K) a description of a preliminary plan for how the community

learning center will continue after funding under this part

ends;

(L) an assurance that the community will be given notice of

an intent to submit an application and that the application and

any waiver request will be available for public review after

submission of the application;

(M) if the eligible entity plans to use senior volunteers in

activities carried out through the community learning center, a

description of how the eligible entity will encourage and use

appropriately qualified seniors to serve as the volunteers; and

(N) such other information and assurances as the State

educational agency may reasonably require.

(c) Approval of certain applications

The State educational agency may approve an application under

this part for a program to be located in a facility other than an

elementary school or secondary school only if the program will be

at least as available and accessible to the students to be served

as if the program were located in an elementary school or secondary

school.

(d) Permissive local match

(1) In general

A State educational agency may require an eligible entity to

match funds awarded under this part, except that such match may

not exceed the amount of the grant award and may not be derived

from other Federal or State funds.

(2) Sliding scale

The amount of a match under paragraph (1) shall be established

based on a sliding fee scale that takes into account -

(A) the relative poverty of the population to be targeted by

the eligible entity; and

(B) the ability of the eligible entity to obtain such

matching funds.

(3) In-kind contributions

Each State educational agency that requires an eligible entity

to match funds under this subsection shall permit the eligible

entity to provide all or any portion of such match in the form of

in-kind contributions.

(4) Consideration

Notwithstanding this subsection, a State educational agency

shall not consider an eligible entity's ability to match funds

when determining which eligible entities will receive awards

under this part.

(e) Peer review

In reviewing local applications under this section, a State

educational agency shall use a peer review process or other methods

of assuring the quality of such applications.

(f) Geographic diversity

To the extent practicable, a State educational agency shall

distribute funds under this part equitably among geographic areas

within the State, including urban and rural communities.

(g) Duration of awards

Grants under this part may be awarded for a period of not less

than 3 years and not more than 5 years.

(h) Amount of awards

A grant awarded under this part may not be made in an amount that

is less than $50,000.

(i) Priority

(1) In general

In awarding grants under this part, a State educational agency

shall give priority to applications -

(A) proposing to target services to students who attend

schools that have been identified as in need of improvement

under section 6316 of this title; and

(B) submitted jointly by eligible entities consisting of not

less than 1 -

(i) local educational agency receiving funds under part A

of subchapter I of this chapter; and

(ii) community-based organization or other public or

private entity.

(2) Special rule

The State educational agency shall provide the same priority

under paragraph (1) to an application submitted by a local

educational agency if the local educational agency demonstrates

that it is unable to partner with a community-based organization

in reasonable geographic proximity and of sufficient quality to

meet the requirements of this part.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4204, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1769.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7172, 7173 of this title.

-CITE-

20 USC Sec. 7175 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7175. Local activities

-STATUTE-

(a) Authorized activities

Each eligible entity that receives an award under this part may

use the award funds to carry out a broad array of before and after

school activities (including during summer recess periods) that

advance student academic achievement, including -

(1) remedial education activities and academic enrichment

learning programs, including providing additional assistance to

students to allow the students to improve their academic

achievement;

(2) mathematics and science education activities;

(3) arts and music education activities;

(4) entrepreneurial education programs;

(5) tutoring services (including those provided by senior

citizen volunteers) and mentoring programs;

(6) programs that provide after school activities for limited

English proficient students that emphasize language skills and

academic achievement;

(7) recreational activities;

(8) telecommunications and technology education programs;

(9) expanded library service hours;

(10) programs that promote parental involvement and family

literacy;

(11) programs that provide assistance to students who have been

truant, suspended, or expelled to allow the students to improve

their academic achievement; and

(12) drug and violence prevention programs, counseling

programs, and character education programs.

(b) Principles of effectiveness

(1) In general

For a program or activity developed pursuant to this part to

meet the principles of effectiveness, such program or activity

shall -

(A) be based upon an assessment of objective data regarding

the need for before and after school programs (including during

summer recess periods) and activities in the schools and

communities;

(B) be based upon an established set of performance measures

aimed at ensuring the availability of high quality academic

enrichment opportunities; and

(C) if appropriate, be based upon scientifically based

research that provides evidence that the program or activity

will help students meet the State and local student academic

achievement standards.

(2) Periodic evaluation

(A) In general

The program or activity shall undergo a periodic evaluation

to assess its progress toward achieving its goal of providing

high quality opportunities for academic enrichment.

(B) Use of results

The results of evaluations under subparagraph (A) shall be -

(i) used to refine, improve, and strengthen the program or

activity, and to refine the performance measures; and

(ii) made available to the public upon request, with public

notice of such availability provided.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4205, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1772.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7174 of this title.

-CITE-

20 USC Sec. 7176 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part B - 21st Century Community Learning Centers

-HEAD-

Sec. 7176. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated -

(1) $1,250,000,000 for fiscal year 2002;

(2) $1,500,000,000 for fiscal year 2003;

(3) $1,750,000,000 for fiscal year 2004;

(4) $2,000,000,000 for fiscal year 2005;

(5) $2,250,000,000 for fiscal year 2006; and

(6) $2,500,000,000 for fiscal year 2007.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4206, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1773.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7172 of this title.

-CITE-

20 USC Part C - Environmental Tobacco Smoke 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part C - Environmental Tobacco Smoke

.

-HEAD-

Part C - Environmental Tobacco Smoke

-COD-

CODIFICATION

Similar provisions relating to environmental tobacco smoke are

contained in part B (Sec. 6081 et seq.) of subchapter X of chapter

68 of this title.

-CITE-

20 USC Sec. 7181 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part C - Environmental Tobacco Smoke

-HEAD-

Sec. 7181. Short title

-STATUTE-

This part may be cited as the ''Pro-Children Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4301, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1773.)

-MISC1-

PRIOR PROVISIONS

A prior section 4301 of Pub. L. 89-10 was classified to section

3081 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7182 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part C - Environmental Tobacco Smoke

-HEAD-

Sec. 7182. Definitions

-STATUTE-

As used in this part:

(1) Children

The term ''children'' means individuals who have not attained

the age of 18.

(2) Children's services

The term ''children's services'' means the provision on a

routine or regular basis of health, day care, education, or

library services -

(A) that are funded, after January 8, 2002, directly by the

Federal Government or through State or local governments, by

Federal grant, loan, loan guarantee, or contract programs -

(i) administered by either the Secretary of Health and

Human Services or the Secretary of Education (other than

services provided and funded solely under titles XVIII and

XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396

et seq.)); or

(ii) administered by the Secretary of Agriculture in the

case of a clinic (as defined in part 246.2 of title 7, Code

of Federal Regulations (or any corresponding similar

regulation or ruling)) under section 17(b)(6) of the Child

Nutrition Act of 1966 (42 U.S.C. 1786(b)(6)); or

(B) that are provided in indoor facilities that are

constructed, operated, or maintained with such Federal funds,

as determined by the appropriate head of a Federal agency in

any enforcement action carried out under this part,

except that nothing in clause (ii) of subparagraph (A) is

intended to include facilities (other than clinics) where coupons

are redeemed under the Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.).

(3) Indoor facility

The term ''indoor facility'' means a building that is enclosed.

(4) Person

The term ''person'' means any State or local subdivision of a

State, agency of such State or subdivision, corporation, or

partnership that owns or operates or otherwise controls and

provides children's services or any individual who owns or

operates or otherwise controls and provides such services.

(5) Secretary

The term ''Secretary'' means the Secretary of Health and Human

Services.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4302, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1773.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in par. (2), is Pub.

L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 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

1771 of Title 42 and Tables.

The Social Security Act, referred to in par. (2)(A)(i), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and

XIX of the Act are classified generally to subchapters XVIII (Sec.

1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter

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

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-CITE-

20 USC Sec. 7183 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part C - Environmental Tobacco Smoke

-HEAD-

Sec. 7183. Nonsmoking policy for children's services

-STATUTE-

(a) Prohibition

After January 8, 2002, no person shall permit smoking within any

indoor facility owned or leased or contracted for, and utilized, by

such person for provision of routine or regular kindergarten,

elementary, or secondary education or library services to children.

(b) Additional prohibition

(1) In general

After January 8, 2002, no person shall permit smoking within

any indoor facility (or portion of such a facility) owned or

leased or contracted for, and utilized by, such person for the

provision of regular or routine health care or day care or early

childhood development (Head Start) services.

(2) Exception

Paragraph (1) shall not apply to -

(A) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted to,

drugs or alcohol; and

(B) any private residence.

(c) Federal agencies

(1) Kindergarten, elementary, or secondary education or library

services

After January 8, 2002, no Federal agency shall permit smoking

within any indoor facility in the United States operated by such

agency, directly or by contract, to provide routine or regular

kindergarten, elementary, or secondary education or library

services to children.

(2) Health or day care or early childhood development services

(A) In general

After January 8, 2002, no Federal agency shall permit smoking

within any indoor facility (or portion of such facility)

operated by such agency, directly or by contract, to provide

routine or regular health or day care or early childhood

development (Head Start) services to children.

(B) Exception

Subparagraph (A) shall not apply to -

(i) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted

to, drugs or alcohol; and

(ii) any private residence.

(3) Application of provisions

The provisions of paragraph (2) shall also apply to the

provision of such routine or regular kindergarten, elementary or

secondary education or library services in the facilities

described in paragraph (2) not subject to paragraph (1).

(d) Notice

The prohibitions in subsections (a) through (c) of this section

shall be published in a notice in the Federal Register by the

Secretary (in consultation with the heads of other affected

agencies) and by such agency heads in funding arrangements

involving the provision of children's services administered by such

heads. Such prohibitions shall be effective 90 days after such

notice is published, or 270 days after January 8, 2002, whichever

occurs first.

(e) Civil penalties

(1) In general

Any failure to comply with a prohibition in this section shall

be considered to be a violation of this section and any person

subject to such prohibition who commits such violation may be

liable to the United States for a civil penalty in an amount not

to exceed $1,000 for each violation, or may be subject to an

administrative compliance order, or both, as determined by the

Secretary. Each day a violation continues shall constitute a

separate violation. In the case of any civil penalty assessed

under this section, the total amount shall not exceed 50 percent

of the amount of Federal funds received under any subchapter of

this chapter by such person for the fiscal year in which the

continuing violation occurred. For the purpose of the

prohibition in subsection (c) of this section, the term

''person'', as used in this paragraph, shall mean the head of the

applicable Federal agency or the contractor of such agency

providing the services to children.

(2) Administrative proceeding

A civil penalty may be assessed in a written notice, or an

administrative compliance order may be issued under paragraph

(1), by the Secretary only after an opportunity for a hearing in

accordance with section 554 of title 5. Before making such

assessment or issuing such order, or both, the Secretary shall

give written notice of the assessment or order to such person by

certified mail with return receipt and provide information in the

notice of an opportunity to request in writing, not later than 30

days after the date of receipt of such notice, such hearing. The

notice shall reasonably describe the violation and be accompanied

with the procedures for such hearing and a simple form that may

be used to request such hearing if such person desires to use

such form. If a hearing is requested, the Secretary shall

establish by such certified notice the time and place for such

hearing, which shall be located, to the greatest extent possible,

at a location convenient to such person. The Secretary (or the

Secretary's designee) and such person may consult to arrange a

suitable date and location where appropriate.

(3) Circumstances affecting penalty or order

In determining the amount of the civil penalty or the nature of

the administrative compliance order, the Secretary shall take

into account, as appropriate -

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, any good faith efforts to

comply, the importance of achieving early and permanent

compliance, the ability to pay or comply, the effect of the

penalty or order on the ability to continue operation, any

prior history of the same kind of violation, the degree of

culpability, and any demonstration of willingness to comply

with the prohibitions of this section in a timely manner; and

(C) (FOOTNOTE 1) such other matters as justice may require.

(FOOTNOTE 1) Opening parenthesis editorially supplied.

(4) Modification

The Secretary may, as appropriate, compromise, modify, or

remit, with or without conditions, any civil penalty or

administrative compliance order. In the case of a civil penalty,

the amount, as finally determined by the Secretary or agreed upon

in compromise, may be deducted from any sums that the United

States or the agencies or instrumentalities of the United States

owe to the person against whom the penalty is assessed.

(5) Petition for review

Any person aggrieved by a penalty assessed or an order issued,

or both, by the Secretary under this section may file a petition

for judicial review of the order with the United States Court of

Appeals for the District of Columbia Circuit or for any other

circuit in which the person resides or transacts business. Such

person shall provide a copy of the petition to the Secretary or

the Secretary's designee. The petition shall be filed within 30

days after the Secretary's assessment or order, or both, are

final and have been provided to such person by certified mail.

The Secretary shall promptly provide to the court a certified

copy of the transcript of any hearing held under this section and

a copy of the notice or order.

(6) Failure to comply

If a person fails to pay an assessment of a civil penalty or

comply with an order, after the assessment or order, or both, are

final under this section, or after a court has entered a final

judgment under paragraph (5) in favor of the Secretary, the

Attorney General, at the request of the Secretary, shall recover

the amount of the civil penalty (plus interest at prevailing

rates from the day the assessment or order, or both, are final)

or enforce the order in an action brought in the appropriate

district court of the United States. In such action, the validity

and appropriateness of the penalty or order or the amount of the

penalty shall not be subject to review.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4303, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1774.)

-CITE-

20 USC Sec. 7184 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER IV - 21ST CENTURY SCHOOLS

Part C - Environmental Tobacco Smoke

-HEAD-

Sec. 7184. Preemption

-STATUTE-

Nothing in this part is intended to preempt any provision of law

of a State or political subdivision of a State that is more

restrictive than a provision of this part.

-SOURCE-

(Pub. L. 89-10, title IV, Sec. 4304, as added Pub. L. 107-110,

title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1776.)

-CITE-

20 USC SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE

AND INNOVATIVE PROGRAMS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

.

-HEAD-

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

-COD-

CODIFICATION

Title V 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 V is

shown, herein, as having been added by Pub. L. 107-110, title V,

Sec. 501, Jan. 8, 2002, 115 Stat. 1776, 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.

-CITE-

20 USC Part A - Innovative Programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

.

-HEAD-

Part A - Innovative Programs

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1232h, 5891b, 6212, 6316,

7345, 7345a, 7801 of this title.

-CITE-

20 USC Sec. 7201 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

-HEAD-

Sec. 7201. Purposes, State and local responsibility

-STATUTE-

(a) Purposes

The purposes of this part are the following:

(1) To support local education reform efforts that are

consistent with and support statewide education reform efforts.

(2) To provide funding to enable State educational agencies and

local educational agencies to implement promising educational

reform programs and school improvement programs based on

scientifically based research.

(3) To provide a continuing source of innovation and

educational improvement, including support programs to provide

library services and instructional and media materials.

(4) To meet the educational needs of all students, including

at-risk youth.

(5) To develop and implement education programs to improve

school, student, and teacher performance, including professional

development activities and class size reduction programs.

(b) State and local responsibility

The State educational agency shall bear the basic responsibility

for the administration of funds made available under this part, but

it is the intent of Congress that the responsibility be carried out

with a minimum of paperwork and that the responsibility for the

design and implementation of programs assisted under this part be

mainly that of local educational agencies, school superintendents

and principals, and classroom teachers and supporting personnel,

because local educational agencies and individuals have the most

direct contact with students and are most likely to be able to

design programs to meet the educational needs of students in their

own school districts.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5101, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1776.)

-MISC1-

PRIOR PROVISIONS

A prior section 7201, Pub. L. 89-10, title V, Sec. 5101, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3690,

set forth findings relating to magnet schools assistance, prior to

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

section 7231 of this title.

A prior section 5101 of Pub. L. 89-10 was classified to section

3171 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Prior sections 7202 to 7210 were omitted in the general amendment

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

Section 7202, Pub. L. 89-10, title V, Sec. 5102, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3691, related

to purpose of magnet schools assistance. See section 7231 of this

title.

A prior section 5102 of Pub. L. 89-10 was classified to section

3172 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Section 7203, Pub. L. 89-10, title V, Sec. 5103, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3691,

authorized program. See section 7231b of this title.

A prior section 5103 of Pub. L. 89-10 was classified to section

3173 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

Section 7204, Pub. L. 89-10, title V, Sec. 5104, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3691, defined

''magnet school''. See section 7231a of this title.

Section 7205, Pub. L. 89-10, title V, Sec. 5105, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3692, related

to eligibility for assistance. See section 7231c of this title.

Section 7206, Pub. L. 89-10, title V, Sec. 5106, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3692, related

to applications and requirements. See section 7231d of this title.

Section 7207, Pub. L. 89-10, title V, Sec. 5107, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3693, related

to priority in approving applications. See section 7231e of this

title.

Section 7208, Pub. L. 89-10, title V, Sec. 5108, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3693, related

to use of funds. See section 7231f of this title.

Section 7209, Pub. L. 89-10, title V, Sec. 5109, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3694, set

forth prohibitions. See section 7231g of this title.

Section 7210, Pub. L. 89-10, title V, Sec. 5110, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3694, related

to limitations. See section 7231h of this title.

-CITE-

20 USC subpart 1 - state and local programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 1 - state and local programs

.

-HEAD-

subpart 1 - state and local programs

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7321a of this title.

-CITE-

20 USC Sec. 7211 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 1 - state and local programs

-HEAD-

Sec. 7211. Allotment to States

-STATUTE-

(a) In general

From the sums appropriated to carry out this part for each fiscal

year and not reserved under subsection (b) of this section, the

Secretary shall allot, and make available in accordance with this

part, to each State educational agency an amount that bears the

same ratio to such sums as the school-age population of the State

bears to the school-age population of all States, except that no

State shall receive less than an amount equal to one-half of 1

percent of such sums.

(b) Reservation

From the sums appropriated to carry out this part for each fiscal

year, the Secretary shall reserve not more than 1 percent for

payments to the outlying areas, to be allotted in accordance with

their respective needs for assistance under this part.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5111, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1777.)

-MISC1-

PRIOR PROVISIONS

A prior section 7211, Pub. L. 89-10, title V, Sec. 5111, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3694,

related to innovative programs, prior to the general amendment of

this subchapter by Pub. L. 107-110.

A prior section 5111 of Pub. L. 89-10 was classified to section

3181 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7211a of this title.

-CITE-

20 USC Sec. 7211a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 1 - state and local programs

-HEAD-

Sec. 7211a. Allocation to local educational agencies

-STATUTE-

(a) Distribution rule

(1) Allocation of base amounts

From the amount made available to a State educational agency

under this part for a fiscal year, the State educational agency

shall distribute, to local educational agencies within the State,

an amount that is not less than 85 percent of the amount made

available to the State educational agency under this part for

fiscal year 2002, according to the relative enrollments in public

and in private nonprofit schools within the jurisdictions of such

local educational agencies, adjusted, in accordance with criteria

approved by the Secretary, to provide higher per-pupil

allocations to local educational agencies that have the greatest

numbers or percentages of children whose education imposes a

higher-than-average cost per child, such as -

(A) children living in areas with high concentrations of

economically disadvantaged families;

(B) children from economically disadvantaged families; and

(C) children living in sparsely populated areas.

(2) Allocation of increased amounts

From the amount made available to a State educational agency

under this part for a fiscal year that exceeds the amount made

available to the agency under this part for fiscal year 2002, the

State educational agency shall distribute 100 percent (or, in the

case of a State educational agency receiving a minimum allotment

under section 7211(a) of this title, not less than 50 percent,

notwithstanding subsection (b) of this section) to local

educational agencies within the State, on the same basis as the

State educational agency distributes amounts under paragraph (1).

(b) Limitations and requirements

Not more than 15 percent of funds made available under section

7211 of this title for State programs under this part for any

fiscal year may be used for State administration under section 7213

of this title.

(c) Calculation of enrollments

(1) In general

The calculation of relative enrollments under subsection (a)(1)

of this section shall be on the basis of the total of -

(A) the number of children enrolled in public schools; and

(B) the number of children enrolled in private nonprofit

schools that participated in programs assisted under this part,

for the fiscal year preceding the fiscal year for which the

determination is made.

(2) Rule of construction

Nothing in this subsection shall diminish the responsibility of

each local educational agency to contact, on an annual basis,

appropriate officials from private nonprofit schools within the

areas served by such agencies in order to determine whether such

schools desire that their children participate in programs

assisted under this part.

(3) Adjustments

(A) State criteria

Relative enrollments calculated under subsection (a)(1) of

this section shall be adjusted, in accordance with criteria

approved by the Secretary under subparagraph (B), to provide

higher per-pupil allocations only to local educational agencies

that serve the greatest numbers or percentages of -

(i) children living in areas with high concentrations of

economically disadvantaged families;

(ii) children from economically disadvantaged families; or

(iii) children living in sparsely populated areas.

(B) Review of criteria

The Secretary shall review criteria submitted by a State

educational agency for adjusting allocations under paragraph

(1) and shall approve such criteria only if the Secretary

determines that such criteria are reasonably calculated to

produce an adjusted allocation that reflects the relative needs

of the State's local educational agencies based on the factors

set forth in subparagraph (A).

(d) Payment of allocations

(1) Distribution

From the funds paid to a State educational agency under this

subpart for a fiscal year, the State educational agency shall

distribute to each eligible local educational agency that has

submitted an application as required by section 7215b of this

title the amount of such local educational agency's allocation,

as determined under subsection (a) of this section.

(2) Additional funds

(A) Use

Additional funds resulting from higher per-pupil allocations

provided to a local educational agency on the basis of adjusted

enrollments of children described in subsection (a)(1) of this

section may, in the discretion of the local educational agency,

be allocated for expenditures to provide services for children

enrolled in public schools and private nonprofit schools in

direct proportion to the number of children described in

subsection (a)(1) of this section and enrolled in such schools

within the area served by the local educational agency.

(B) Allocation

In any fiscal year, any local educational agency that elects

to allocate such additional funds in the manner described in

subparagraph (A) shall allocate all additional funds to schools

within the area served by the local educational agency in such

manner.

(C) Rule of construction

Subparagraphs (A) and (B) may not be construed to require any

school to limit the use of the additional funds described in

subparagraph (A) to the provision of services to specific

students or categories of students.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5112, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1777.)

-MISC1-

PRIOR PROVISIONS

A prior section 5112 of Pub. L. 89-10 was classified to section

7212 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

Another prior section 5112 of Pub. L. 89-10 was classified to

section 3182 of this title, prior to the general amendment of Pub.

L. 89-10 by Pub. L. 103-382.

A prior section 7212, Pub. L. 89-10, title V, Sec. 5112, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3695,

which related to evaluations, was omitted in 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 7213, 7215, 7305b, 7315a

of this title.

-CITE-

20 USC subpart 2 - state programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 2 - state programs

.

-HEAD-

subpart 2 - state programs

-CITE-

20 USC Sec. 7213 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 2 - state programs

-HEAD-

Sec. 7213. State uses of funds

-STATUTE-

A State educational agency may use funds made available for State

use under section 7211a(b) of this title only for one or more of

the following:

(1) State administration of programs under this part, including

-

(A) allocating funds to local educational agencies;

(B) planning, supervising, and processing State educational

agency funds; and

(C) monitoring and evaluating programs under this part.

(2) Support for the planning, design, and initial

implementation of charter schools as described in part B of this

subchapter.

(3) Statewide education reform, school improvement programs and

technical assistance and direct grants to local educational

agencies, which assist such agencies under section 7215 of this

title.

(4) Support for the design and implementation of high-quality

yearly student assessments.

(5) Support for implementation of challenging State and local

academic achievement standards.

(6) Support for arrangements that provide for independent

analysis to measure and report on school district achievement.

(7) Support for the program described in section 321 of the

Departments of Labor, Health and Human Services, and Education,

and Related Agencies Appropriations Act, 2001 (as enacted into

law by section 1(a)(1) of Public Law 106-554).

(8) Support for programs to assist in the implementation of the

policy described in section 9507 (FOOTNOTE 1) which may include

payment of reasonable transportation costs and tuition costs for

such students.

(FOOTNOTE 1) So in original. Pub. L. 89-10 does not contain a

section 9507.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5121, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1779.)

-REFTEXT-

REFERENCES IN TEXT

Section 321 of the Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Act,

2001 (as enacted into law by section 1(a)(1) of Public Law

106-554), referred to in par. (7), is section 1(a)(1) (title III,

Sec. 321) of Pub. L. 106-554, Dec. 21, 2000, 114 Stat. 2763,

2763A-50, which is not classified to the Code.

-MISC2-

PRIOR PROVISIONS

A prior section 7213, Pub. L. 89-10, title V, Sec. 5113, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3695,

related to authorization of appropriations and reservation of

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

107-110. See section 7231j of this title.

A prior section 5121 of Pub. L. 89-10 was classified to section

3191 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7211a of this title.

-CITE-

20 USC Sec. 7213a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 2 - state programs

-HEAD-

Sec. 7213a. State applications

-STATUTE-

(a) Application requirements

Any State that desires to receive assistance under this part

shall submit to the Secretary an application that includes each of

the following:

(1) Designation of the State educational agency as the State

agency responsible for administration and supervision of programs

assisted under this part.

(2) Provision for an annual statewide summary of how assistance

under this part is contributing toward improving student academic

achievement or improving the quality of education for students.

(3) Information setting forth the allocation of funds required

to implement section 7217a of this title.

(4) A provision that the State educational agency will keep

such records, and provide such information to the Secretary, as

may be required for fiscal audit and program evaluation

(consistent with the responsibilities of the Secretary under this

section).

(5) An assurance that, apart from providing technical and

advisory assistance and monitoring compliance with this part, the

State educational agency has not exercised, and will not

exercise, any influence in the decisionmaking processes of local

educational agencies as to the expenditure made pursuant to an

application submitted under section 7215b of this title.

(6) An assurance that there is compliance with the specific

requirements of this part.

(7) Provision for timely public notice and public dissemination

of the information provided under paragraph (3).

(b) Statewide summary

The statewide summary referred to in subsection (a)(2) of this

section shall be submitted annually to the Secretary and shall be

derived from the evaluation information submitted by local

educational agencies to the State educational agency under section

7215b(b)(8) of this title. The State educational agency shall

determine the format and content of such summary and may include in

the summary statistical measures, such as the number of students

served by each type of innovative assistance program described in

section 7215 of this title and the number of teachers trained.

(c) Period of application

An application submitted by the State educational agency under

subsection (a) of this section shall be for a period not to exceed

3 years. The agency may amend the application annually, as may be

necessary to reflect changes, without filing a new application.

(d) Audit rule

A local educational agency that receives less than an average of

$10,000 under this part for any 3 consecutive fiscal years shall

not be audited more frequently than once every 5 years.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5122, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1780.)

-MISC1-

PRIOR PROVISIONS

A prior section 5122 of Pub. L. 89-10 was classified to section

3192 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC subpart 3 - local innovative education programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 3 - local innovative education programs

.

-HEAD-

subpart 3 - local innovative education programs

-CITE-

20 USC Sec. 7215 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 3 - local innovative education programs

-HEAD-

Sec. 7215. Local uses of funds

-STATUTE-

(a) Innovative assistance programs

Funds made available to local educational agencies under section

7211a of this title shall be used for innovative assistance

programs, which may include any of the following:

(1) Programs to recruit, train, and hire highly qualified

teachers to reduce class size, especially in the early grades,

and professional development activities carried out in accordance

with subchapter II of this chapter, that give teachers,

principals, and administrators the knowledge and skills to

provide students with the opportunity to meet challenging State

or local academic content standards and student academic

achievement standards.

(2) Technology activities related to the implementation of

school-based reform efforts, including professional development

to assist teachers and other school personnel (including school

library media personnel) regarding how to use technology

effectively in the classrooms and the school library media

centers involved.

(3) Programs for the development or acquisition and use of

instructional and educational materials, including library

services and materials (including media materials), academic

assessments, reference materials, computer software and hardware

for instructional use, and other curricular materials that are

tied to high academic standards, that will be used to improve

student academic achievement, and that are part of an overall

education reform program.

(4) Promising education reform projects, including magnet

schools.

(5) Programs to improve the academic achievement of

educationally disadvantaged elementary school and secondary

school students, including activities to prevent students from

dropping out of school.

(6) Programs to improve the literacy skills of adults,

especially the parents of children served by the local

educational agency, including adult education and family literacy

programs.

(7) Programs to provide for the educational needs of gifted and

talented children.

(8) The planning, design, and initial implementation of charter

schools as described in part B of this subchapter.

(9) School improvement programs or activities under sections

6316 and 6317 of this title.

(10) Community service programs that use qualified school

personnel to train and mobilize young people to measurably

strengthen their communities through nonviolence, responsibility,

compassion, respect, and moral courage.

(11) Activities to promote consumer, economic, and personal

finance education, such as disseminating information on and

encouraging use of the best practices for teaching the basic

principles of economics and promoting the concept of achieving

financial literacy through the teaching of personal financial

management skills (including the basic principles involved with

earning, spending, saving, and investing).

(12) Activities to promote, implement, or expand public school

choice.

(13) Programs to hire and support school nurses.

(14) Expansion and improvement of school-based mental health

services, including early identification of drug use and

violence, assessment, and direct individual or group counseling

services provided to students, parents, and school personnel by

qualified school-based mental health services personnel.

(15) Alternative educational programs for those students who

have been expelled or suspended from their regular educational

setting, including programs to assist students to reenter the

regular educational setting upon return from treatment or

alternative educational programs.

(16) Programs to establish or enhance prekindergarten programs

for children.

(17) Academic intervention programs that are operated jointly

with community-based organizations and that support academic

enrichment, and counseling programs conducted during the school

day (including during extended school day or extended school year

programs), for students most at risk of not meeting challenging

State academic achievement standards or not completing secondary

school.

(18) Programs for cardiopulmonary resuscitation (CPR) training

in schools.

(19) Programs to establish smaller learning communities.

(20) Activities that encourage and expand improvements

throughout the area served by the local educational agency that

are designed to advance student academic achievement.

(21) Initiatives to generate, maintain, and strengthen parental

and community involvement.

(22) Programs and activities that expand learning opportunities

through best-practice models designed to improve classroom

learning and teaching.

(23) Programs to provide same-gender schools and classrooms

(consistent with applicable law).

(24) Service learning activities.

(25) School safety programs, including programs to implement

the policy described in section 9507 (FOOTNOTE 1) and which may

include payment of reasonable transportation costs and tuition

costs for such students.

(FOOTNOTE 1) So in original. Pub. L. 89-10 does not contain a

section 9507.

(26) Programs that employ research-based cognitive and

perceptual development approaches and rely on a

diagnostic-prescriptive model to improve students' learning of

academic content at the preschool, elementary, and secondary

levels.

(27) Supplemental educational services, as defined in section

6316(e) of this title.

(b) Requirements

The innovative assistance programs described in subsection (a) of

this section shall be -

(1) tied to promoting challenging academic achievement

standards;

(2) used to improve student academic achievement; and

(3) part of an overall education reform strategy.

(c) Guidelines

Not later than 120 days after January 8, 2002, the Secretary

shall issue guidelines for local educational agencies seeking

funding for programs described in subsection (a)(23) of this

section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5131, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1781.)

-MISC1-

PRIOR PROVISIONS

A prior section 5131 of Pub. L. 89-10 was classified to section

3211 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7213, 7213a, 7215b of

this title.

-CITE-

20 USC Sec. 7215a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 3 - local innovative education programs

-HEAD-

Sec. 7215a. Administrative authority

-STATUTE-

In order to conduct the programs authorized by this part, each

State educational agency or local educational agency may use funds

made available under this part to make grants to, and to enter into

contracts with, local educational agencies, institutions of higher

education, libraries, museums, and other public and private

nonprofit agencies, organizations, and institutions.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5132, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 5132 of Pub. L. 89-10 was classified to section

3212 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7215b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 3 - local innovative education programs

-HEAD-

Sec. 7215b. Local applications

-STATUTE-

(a) Submission of application

A local educational agency may receive an allocation of funds

under this part for any year for which the agency submits an

application under this section that the State educational agency

certifies under subsection (b) of this section.

(b) Certification and contents of application

The State educational agency shall certify each application

submitted under subsection (a) of this section that includes each

of the following:

(1) A description of locally identified needs relative to the

purposes of this part and to the innovative assistance programs

described in section 7215 of this title.

(2) A statement that sets forth the planned allocation of

funds, based on the needs identified in subparagraph (A), among

innovative assistance programs described in section 7215 of this

title, a description of the programs that the local educational

agency intends to support, and a description of the reasons for

the selection of such programs.

(3) Information setting forth the allocation of such funds

required to implement section 7217a of this title.

(4) A description of how assistance under this part will

contribute to improving student academic achievement or improving

the quality of education for students.

(5) An assurance that the local educational agency will comply

with this part, including the provisions of section 7217a of this

title concerning the participation of children enrolled in

private nonprofit schools.

(6) An assurance that the local educational agency will keep

such records, and provide such information to the State

educational agency, as may be reasonably required for fiscal

audit and program evaluation (consistent with the

responsibilities of the State educational agency under this

part).

(7) Provision, in the allocation of funds for the assistance

authorized by this part and in the planning, design, and

implementation of such innovative assistance programs, for

systematic consultation with parents of children attending

elementary schools and secondary schools in the area served by

the local educational agency, with teachers and administrative

personnel in such schools, and with such other groups involved in

the implementation of this part (such as librarians, school

counselors, and other pupil services personnel) as may be

considered appropriate by the local educational agency.

(8) An assurance that -

(A) programs carried out under this part will be evaluated

annually;

(B) the evaluation will be used to make decisions about

appropriate changes in programs for the subsequent year;

(C) the evaluation will describe how assistance under this

part affected student academic achievement and will include, at

a minimum, information and data on the use of funds, the types

of services furnished, and the students served under this part;

and

(D) the evaluation will be submitted to the State educational

agency at the time and in the manner requested by the State

educational agency.

(9) If the local educational agency seeks funds under section

7215(a)(23) of this title, a description of how the agency will

comply with the guidelines issued by the Secretary regarding

same-gender schools and classrooms under section 7215(c) of this

title.

(c) Period of application

An application submitted by a local educational agency under

subsection (a) of this section may seek allocations under this part

for a period not to exceed 3 fiscal years. The agency may amend

the application annually, as may be necessary to reflect changes,

without the filing of a new application.

(d) Local educational agency discretion

(1) In general

Subject to the limitations and requirements of this part, a

local educational agency shall have complete discretion in

determining how funds made available to carry out this subpart

will be divided among programs described in section 7215 of this

title.

(2) Limitation

In exercising the discretion described in paragraph (1), a

local educational agency shall ensure that expenditures under

this subpart carry out the purposes of this part and are used to

meet the educational needs within the schools served by the local

educational agency.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5133, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 5133 of Pub. L. 89-10 was classified to section

3213 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7211a, 7213a of this

title.

-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 V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

.

-HEAD-

subpart 4 - general provisions

-CITE-

20 USC Sec. 7217 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217. Maintenance of effort

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, a State

educational agency is entitled to receive its full allotment of

funds under this part for any fiscal year only if the Secretary

determines that either the combined fiscal effort per student or

the aggregate expenditures within the State, with respect to the

provision of free public education for the fiscal year preceding

the fiscal year for which the determination is made, was not less

than 90 percent of such combined fiscal effort or aggregate

expenditures for the second fiscal year preceding the fiscal year

for which the determination is made.

(b) Reduction of funds

The Secretary shall reduce the amount of the allotment of funds

under this part in any fiscal year in the exact proportion by which

the State educational agency fails to meet the requirements of

subsection (a) of this section by falling below 90 percent of the

fiscal effort per student or aggregate expenditures (using the

measure most favorable to the State educational agency), and no

such lesser amount shall be used for computing the effort or

expenditures required under paragraph (1) for subsequent years.

(c) Waiver

The Secretary may waive, for 1 fiscal year only, the requirements

of this section, if the Secretary determines that such a waiver

would be equitable due to exceptional or uncontrollable

circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the financial resources of the State

educational agency.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5141, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1784.)

-MISC1-

PRIOR PROVISIONS

A prior section 5141 of Pub. L. 89-10 was classified to section

3221 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7217a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217a. Participation of children enrolled in private schools

-STATUTE-

(a) Participation on equitable basis

(1) In general

To the extent consistent with the number of children in the

school district of a local educational agency that is eligible to

receive funds under this part, or that serves the area in which a

program assisted under this part is located, who are enrolled in

private nonprofit elementary schools and secondary schools, or,

with respect to instructional or personnel training programs

funded by the State educational agency from funds made available

for State educational agency use, the local educational agency,

after consultation with appropriate private school officials -

(A) shall provide, as may be necessary, for the benefit of

such children in such schools -

(i) secular, neutral, and nonideological services,

materials, and equipment, including the participation of the

teachers of such children (and other educational personnel

serving such children) in training programs; and

(ii) the repair, minor remodeling, or construction of

public facilities (consistent with subsection (c) of this

section); or

(B) if such services, materials, and equipment are not

feasible or necessary in one or more such private schools, as

determined by the local educational agency after consultation

with the appropriate private school officials, shall provide

such other arrangements as will assure equitable participation

of such children in the purposes and benefits of this part.

(2) Other provisions for services

If no program is carried out under paragraph (1) in the school

district of a local educational agency, the State educational

agency shall make arrangements, such as through contracts with

nonprofit agencies or organizations, under which children in

private schools in the district are provided with services and

materials to the same extent as would have occurred if the local

educational agency had received funds under this part.

(3) Application of requirements

The requirements of this section relating to the participation

of children, teachers, and other personnel serving such children

shall apply to programs carried out under this part by a State

educational agency or local educational agency, whether directly

or through grants to, or contracts with, other public or private

agencies, institutions, or organizations.

(b) Equal expenditures

(1) In general

Expenditures for programs under subsection (a) of this section

shall be equal (consistent with the number of children to be

served) to expenditures for programs under this part for children

enrolled in the public schools of the local educational agency.

(2) Concentrated programs

Taking into account the needs of the individual children and

other factors that relate to the expenditures referred to in

paragraph (1), and when funds available to a local educational

agency under this part are used to concentrate programs on a

particular group, attendance area, or grade or age level,

children enrolled in private schools who are included within the

group, attendance area, or grade or age level selected for such

concentration shall, after consultation with the appropriate

private school officials, be assured equitable participation in

the purposes and benefits of such programs.

(c) Administrative requirements

(1) Funds and property

The control of funds provided under this part, and title to

materials, equipment, and property repaired, remodeled, or

constructed with such funds, shall be in a public agency for the

uses and purposes provided in this part, and a public agency

shall administer such funds and property.

(2) Provision of services

Services provided under this part shall be provided by

employees of a public agency or through contract by such a public

agency with a person, association, agency, or corporation that,

in the provision of such services, is independent of the private

school and of any religious organizations, and such employment or

contract shall be under the control and supervision of such a

public agency. The funds provided under this part shall not be

commingled with State or local funds.

(d) Waiver

(1) State prohibition

If a State educational agency or local educational agency is

prohibited, by reason of any provision of law, from providing for

the participation in programs of children enrolled in private

elementary schools and secondary schools as required by

subsections (a) through (c) of this section, the Secretary shall

waive such requirements for the agency involved and shall arrange

for the provision of services to such children through

arrangements that shall be subject to the requirements of this

section.

(2) Failure to comply

If the Secretary determines that a State educational agency or

a local educational agency has substantially failed, or is

unwilling, to provide for the participation on an equitable basis

of children enrolled in private elementary schools and secondary

schools as required by subsections (a) through (c) of this

section, the Secretary may waive such requirements and shall

arrange for the provision of services to such children through

arrangements that shall be subject to the requirements of this

section.

(e) Withholding of allotment or allocation

Pending final resolution of any investigation or complaint that

could result in a waiver under subsection (d)(1) or (d)(2) of this

section, the Secretary may withhold from the allotment or

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 services to be provided by the

Secretary under such subsection.

(f) Duration of determination

Any determination by the Secretary under this section shall

continue in effect until the Secretary determines that there will

no longer be any failure or inability on the part of the State

educational agency or local educational agency to meet the

requirements of subsections (a) through (c) of this section.

(g) Payment from State allotment

When the Secretary arranges for services under subsection (d) of

this section, the Secretary shall, after consultation with the

appropriate public school and private school officials, pay the

cost of such services, including the administrative costs of

arranging for those services, from the appropriate allotment of the

State educational agency under this part.

(h) Review of determination

(1) Written objections

The Secretary shall not take any final action under this

section until the State educational agency and the local

educational agency affected by such action have had an

opportunity, for not less than 45 days after receiving written

notice thereof, to submit written objections and to appear before

the Secretary or the Secretary's designee to show cause why that

action should not be taken.

(2) Court action

If a State educational agency or local educational agency is

dissatisfied with the Secretary's final action after a proceeding

under paragraph (1), such agency may, not later than 60 days

after notice of such action, file with the United States court of

appeals for the circuit in which such State is located a petition

for review of that action. A copy of the petition shall be

transmitted by the clerk of the court to the Secretary. The

Secretary thereupon 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) Remand to Secretary

The findings of fact by the Secretary with respect to a

proceeding under paragraph (1), if supported by substantial

evidence, shall be conclusive. The court, for good cause shown,

may remand the case to the Secretary to take further evidence and

the Secretary may 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.

(4) Court review

Upon the filing of a petition under paragraph (2), the court

shall have jurisdiction to affirm the action of the Secretary or

to set such action aside, in whole or in part. The judgment of

the court shall be subject to review by the Supreme Court upon

certiorari or certification, as provided in section 1254 of title

28.

(i) Prior determination

Any bypass determination by the Secretary under title VI (as such

title was in effect on the day preceding January 8, 2002) shall, to

the extent consistent with the purposes of this part, apply to

programs under this part.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5142, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1785.)

-REFTEXT-

REFERENCES IN TEXT

Title VI (as such title was in effect on the day preceding

January 8, 2002), referred to in subsec. (i), means title VI of

Pub. L. 89-10, as added by Pub. L. 103-382, title I, Sec. 101, Oct.

20, 1994, 108 Stat. 3707, as amended, which was classified

generally to subchapter VI (Sec. 7301 et seq.) of this chapter

prior to the general amendment of subchapter VI by Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1873.

-MISC2-

PRIOR PROVISIONS

A prior section 5142 of Pub. L. 89-10 was classified to section

3222 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7213a, 7215b of this

title.

-CITE-

20 USC Sec. 7217b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217b. Federal administration

-STATUTE-

(a) Technical assistance

The Secretary, upon request, shall provide technical assistance

to State educational agencies and local educational agencies under

this part.

(b) Rulemaking

The Secretary shall issue regulations under this part only to the

extent that such regulations are necessary to ensure that there is

compliance with the specific requirements and assurances required

by this part.

(c) Availability of appropriations

Notwithstanding any other provision of law, unless expressly in

limitation of this subsection, funds appropriated in any fiscal

year to carry out programs under this part shall become available

for obligation on July 1 of such fiscal year and shall remain

available for obligation until the end of the subsequent fiscal

year.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5143, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1787.)

-MISC1-

PRIOR PROVISIONS

A prior section 5143 of Pub. L. 89-10 was classified to section

3223 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7217c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217c. Supplement, not supplant

-STATUTE-

Funds made available under this part shall be used to supplement,

and not supplant, any other Federal, State, or local education

funds.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5144, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)

-MISC1-

PRIOR PROVISIONS

A prior section 5144 of Pub. L. 89-10 was classified to section

3224 of this title, prior to the general amendment of Pub. L. 89-10

by Pub. L. 103-382.

-CITE-

20 USC Sec. 7217d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217d. Definitions

-STATUTE-

In this part:

(1) Local educational agency

The term ''local educational agency'' means a local educational

agency or a consortium of such agencies.

(2) Public school

The term ''public school'' means a public elementary school or

a public secondary school.

(3) School-age population

The term ''school-age population'' means the population aged 5

through 17.

(4) State

The term ''State'' means each of the 50 States, the District of

Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5145, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)

-MISC1-

PRIOR PROVISIONS

A prior section 5145 of Pub. L. 89-10 was classified to section

3224a of this title, prior to the general amendment of Pub. L.

89-10 by Pub. L. 103-382.

-CITE-

20 USC Sec. 7217e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part A - Innovative Programs

subpart 4 - general provisions

-HEAD-

Sec. 7217e. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part -

(1) $450,000,000 for fiscal year 2002;

(2) $475,000,000 for fiscal year 2003;

(3) $500,000,000 for fiscal year 2004;

(4) $525,000,000 for fiscal year 2005;

(5) $550,000,000 for fiscal year 2006; and

(6) $600,000,000 for fiscal year 2007.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5146, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)

-MISC1-

PRIOR PROVISIONS

A prior section 5146 of Pub. L. 89-10 was classified to section

3224b of this title, prior to the general amendment of Pub. L.

89-10 by Pub. L. 103-382.

-CITE-

20 USC Part B - Public Charter Schools 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

.

-HEAD-

Part B - Public Charter Schools

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 7213, 7215, 7914 of this

title.

-CITE-

20 USC subpart 1 - charter school programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

.

-HEAD-

subpart 1 - charter school programs

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7861 of this title.

-CITE-

20 USC Sec. 7221 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221. Purpose

-STATUTE-

It is the purpose of this subpart to increase national

understanding of the charter schools model by -

(1) providing financial assistance for the planning, program

design, and initial implementation of charter schools;

(2) evaluating the effects of such schools, including the

effects on students, student academic achievement, staff, and

parents;

(3) expanding the number of high-quality charter schools

available to students across the Nation; and

(4) encouraging the States to provide support to charter

schools for facilities financing in an amount more nearly

commensurate to the amount the States have typically provided for

traditional public schools.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5201, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)

-MISC1-

PRIOR PROVISIONS

A prior section 5201 of Pub. L. 89-10 was classified to section

7231 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7221a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221a. Program authorized

-STATUTE-

(a) In general

The Secretary may award grants to State educational agencies

having applications approved pursuant to section 7221b of this

title to enable such agencies to conduct a charter school grant

program in accordance with this subpart.

(b) Special rule

If a State educational agency elects not to participate in the

program authorized by this subpart or does not have an application

approved under section 7221b of this title, the Secretary may award

a grant to an eligible applicant that serves such State and has an

application approved pursuant to section 7221b(c) of this title.

(c) Program periods

(1) Grants to States

Grants awarded to State educational agencies under this subpart

shall be for a period of not more than 3 years.

(2) Grants to eligible applicants

Grants awarded by the Secretary to eligible applicants or

subgrants awarded by State educational agencies to eligible

applicants under this subpart shall be for a period of not more

than 3 years, of which the eligible applicant may use -

(A) not more than 18 months for planning and program design;

(B) not more than 2 years for the initial implementation of a

charter school; and

(C) not more than 2 years to carry out dissemination

activities described in section 7221c(f)(6)(B) of this title.

(d) Limitation

A charter school may not receive -

(1) more than one grant for activities described in

subparagraphs (A) and (B) of subsection (c)(2) of this section;

or

(2) more than one grant for activities under subparagraph (C)

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

(e) Priority treatment

(1) In general

In awarding grants under this subpart for fiscal year 2002 or

any succeeding fiscal year from any funds appropriated under

section 7221j of this title (other than funds reserved to carry

out section 7221d(b) of this title), the Secretary shall give

priority to States to the extent that the States meet the

criteria described in paragraph (2) and one or more of the

criteria described in subparagraph (A), (B), or (C) of paragraph

(3).

(2) Review and evaluation priority criteria

The criteria referred to in paragraph (1) are that the State

provides for periodic review and evaluation by the authorized

public chartering agency of each charter school, at least once

every 5 years unless required more frequently by State law, to

determine whether the charter school is meeting the terms of the

school's charter, and is meeting or exceeding the student

academic achievement requirements and goals for charter schools

as set forth under State law or the school's charter.

(3) Priority criteria

The criteria referred to in paragraph (1) are the following:

(A) The State has demonstrated progress, in increasing the

number of high-quality charter schools that are held

accountable in the terms of the schools' charters for meeting

clear and measurable objectives for the educational progress of

the students attending the schools, in the period prior to the

period for which a State educational agency or eligible

applicant applies for a grant under this subpart.

(B) The State -

(i) provides for one authorized public chartering agency

that is not a local educational agency, such as a State

chartering board, for each individual or entity seeking to

operate a charter school pursuant to such State law; or

(ii) in the case of a State in which local educational

agencies are the only authorized public chartering agencies,

allows for an appeals process for the denial of an

application for a charter school.

(C) The State ensures that each charter school has a high

degree of autonomy over the charter school's budgets and

expenditures.

(f) Amount criteria

In determining the amount of a grant to be awarded under this

subpart to a State educational agency, the Secretary shall take

into consideration the number of charter schools that are

operating, or are approved to open, in the State.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5202, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)

-MISC1-

PRIOR PROVISIONS

A prior section 5202 of Pub. L. 89-10 was classified to section

7232 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 7221b, 7221d of this

title.

-CITE-

20 USC Sec. 7221b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221b. Applications

-STATUTE-

(a) Applications from State agencies

Each State educational agency desiring a grant from the Secretary

under this subpart shall submit to the Secretary an application at

such time, in such manner, and containing or accompanied by such

information as the Secretary may require.

(b) Contents of a State educational agency application

Each application submitted pursuant to subsection (a) of this

section shall -

(1) describe the objectives of the State educational agency's

charter school grant program and a description of how such

objectives will be fulfilled, including steps taken by the State

educational agency to inform teachers, parents, and communities

of the State educational agency's charter school grant program;

and

(2) describe how the State educational agency -

(A) will inform each charter school in the State regarding -

(i) Federal funds that the charter school is eligible to

receive; and

(ii) Federal programs in which the charter school may

participate;

(B) will ensure that each charter school in the State

receives the charter school's commensurate share of Federal

education funds that are allocated by formula each year,

including during the first year of operation of the charter

school; and

(C) will disseminate best or promising practices of charter

schools to each local educational agency in the State; and

(3) contain assurances that the State educational agency will

require each eligible applicant desiring to receive a subgrant to

submit an application to the State educational agency containing

-

(A) a description of the educational program to be

implemented by the proposed charter school, including -

(i) how the program will enable all students to meet

challenging State student academic achievement standards;

(ii) the grade levels or ages of children to be served; and

(iii) the curriculum and instructional practices to be

used;

(B) a description of how the charter school will be managed;

(C) a description of -

(i) the objectives of the charter school; and

(ii) the methods by which the charter school will determine

its progress toward achieving those objectives;

(D) a description of the administrative relationship between

the charter school and the authorized public chartering agency;

(E) a description of how parents and other members of the

community will be involved in the planning, program design, and

implementation of the charter school;

(F) a description of how the authorized public chartering

agency will provide for continued operation of the school once

the Federal grant has expired, if such agency determines that

the school has met the objectives described in subparagraph

(C)(i);

(G) a request and justification for waivers of any Federal

statutory or regulatory provisions that the eligible applicant

believes are necessary for the successful operation of the

charter school, and a description of any State or local rules,

generally applicable to public schools, that will be waived

for, or otherwise not apply to, the school;

(H) a description of how the subgrant funds or grant funds,

as appropriate, will be used, including a description of how

such funds will be used in conjunction with other Federal

programs administered by the Secretary;

(I) a description of how students in the community will be -

(i) informed about the charter school; and

(ii) given an equal opportunity to attend the charter

school;

(J) an assurance that the eligible applicant will annually

provide the Secretary and the State educational agency such

information as may be required to determine if the charter

school is making satisfactory progress toward achieving the

objectives described in subparagraph (C)(i);

(K) an assurance that the eligible applicant will cooperate

with the Secretary and the State educational agency in

evaluating the program assisted under this subpart;

(L) a description of how a charter school that is considered

a local educational agency under State law, or a local

educational agency in which a charter school is located, will

comply with sections 1413(a)(5) and 1413(e)(1)(B) of this

title;

(M) if the eligible applicant desires to use subgrant funds

for dissemination activities under section 7221a(c)(2)(C) of

this title, a description of those activities and how those

activities will involve charter schools and other public

schools, local educational agencies, developers, and potential

developers; and

(N) such other information and assurances as the Secretary

and the State educational agency may require.

(c) Eligible applicant application

Each eligible applicant desiring a grant pursuant to section

7221a(b) of this title 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) Contents of eligible applicant application

Each application submitted pursuant to subsection (c) of this

section shall contain -

(1) the information and assurances described in subparagraphs

(A) through (N) of subsection (b)(3) of this section, except that

for purposes of this subsection subparagraphs (J), (K), and (N)

of such subsection shall be applied by striking ''and the State

educational agency'' each place such term appears;

(2) assurances that the State educational agency -

(A) will grant, or will obtain, waivers of State statutory or

regulatory requirements; and

(B) will assist each subgrantee in the State in receiving a

waiver under section 7221c(e) of this title; and

(3) assurances that the eligible applicant has provided its

authorized public chartering authority timely notice, and a copy,

of the application, except that the State educational agency (or

the Secretary, in the case of an application submitted to the

Secretary) may waive the requirement of this paragraph in the

case of an application for a precharter planning grant or

subgrant if the authorized public chartering authority to which a

charter school proposal will be submitted has not been determined

at the time the grant or subgrant application is submitted.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5203, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1790.)

-MISC1-

PRIOR PROVISIONS

A prior section 5203 of Pub. L. 89-10 was classified to section

7233 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 7221a, 7221c, 7221d,

7221i of this title.

-CITE-

20 USC Sec. 7221c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221c. Administration

-STATUTE-

(a) Selection criteria for State educational agencies

The Secretary shall award grants to State educational agencies

under this subpart on the basis of the quality of the applications

submitted under section 7221b(b) of this title, after taking into

consideration such factors as -

(1) the contribution that the charter schools grant program

will make to assisting educationally disadvantaged and other

students in meeting State academic content standards and State

student academic achievement standards;

(2) the degree of flexibility afforded by the State educational

agency to charter schools under the State's charter schools law;

(3) the ambitiousness of the objectives for the State charter

school grant program;

(4) the quality of the strategy for assessing achievement of

those objectives;

(5) the likelihood that the charter school grant program will

meet those objectives and improve educational results for

students;

(6) the number of high-quality charter schools created under

this subpart in the State; and

(7) in the case of State educational agencies that propose to

use grant funds to support dissemination activities under

subsection (f)(6)(B) of this section, the quality of those

activities and the likelihood that those activities will improve

student academic achievement.

(b) Selection criteria for eligible applicants

The Secretary shall award grants to eligible applicants under

this subpart on the basis of the quality of the applications

submitted under section 7221b(c) of this title, after taking into

consideration such factors as -

(1) the quality of the proposed curriculum and instructional

practices;

(2) the degree of flexibility afforded by the State educational

agency and, if applicable, the local educational agency to the

charter school;

(3) the extent of community support for the application;

(4) the ambitiousness of the objectives for the charter school;

(5) the quality of the strategy for assessing achievement of

those objectives;

(6) the likelihood that the charter school will meet those

objectives and improve educational results for students; and

(7) in the case of an eligible applicant that proposes to use

grant funds to support dissemination activities under subsection

(f)(6)(B) of this section, the quality of those activities and

the likelihood that those activities will improve student

achievement.

(c) Peer review

The Secretary, and each State educational agency receiving a

grant under this subpart, shall use a peer review process to review

applications for assistance under this subpart.

(d) Diversity of projects

The Secretary and each State educational agency receiving a grant

under this subpart, shall award grants and subgrants under this

subpart in a manner that, to the extent possible, ensures that such

grants and subgrants -

(1) are distributed throughout different areas of the Nation

and each State, including urban and rural areas; and

(2) will assist charter schools representing a variety of

educational approaches, such as approaches designed to reduce

school size.

(e) Waivers

The Secretary may waive any statutory or regulatory requirement

over which the Secretary exercises administrative authority except

any such requirement relating to the elements of a charter school

described in section 7221i(1) of this title, if -

(1) the waiver is requested in an approved application under

this subpart; and

(2) the Secretary determines that granting such a waiver will

promote the purpose of this subpart.

(f) Use of funds

(1) State educational agencies

Each State educational agency receiving a grant under this

subpart shall use such grant funds to award subgrants to one or

more eligible applicants in the State to enable such applicant to

plan and implement a charter school in accordance with this

subpart, except that the State educational agency may reserve not

more than 10 percent of the grant funds to support dissemination

activities described in paragraph (6).

(2) Eligible applicants

Each eligible applicant receiving funds from the Secretary or a

State educational agency shall use such funds to plan and

implement a charter school, or to disseminate information about

the charter school and successful practices in the charter

school, in accordance with this subpart.

(3) Allowable activities

An eligible applicant receiving a grant or subgrant under this

subpart may use the grant or subgrant funds only for -

(A) post-award planning and design of the educational

program, which may include -

(i) refinement of the desired educational results and of

the methods for measuring progress toward achieving those

results; and

(ii) professional development of teachers and other staff

who will work in the charter school; and

(B) initial implementation of the charter school, which may

include -

(i) informing the community about the school;

(ii) acquiring necessary equipment and educational

materials and supplies;

(iii) acquiring or developing curriculum materials; and

(iv) other initial operational costs that cannot be met

from State or local sources.

(4) Administrative expenses

(A) State educational agency administrative expenses

Each State educational agency receiving a grant pursuant to

this subpart may reserve not more than 5 percent of such grant

funds for administrative expenses associated with the charter

school grant program assisted under this subpart.

(B) Local administrative expenses

A local educational agency may not deduct funds for

administrative fees or expenses from a subgrant awarded to an

eligible applicant, unless the eligible applicant enters

voluntarily into a mutually agreed upon arrangement for

administrative services with the relevant local educational

agency. Absent such approval, the local educational agency

shall distribute all such subgrant funds to the eligible

applicant without delay.

(5) Revolving loan funds

Each State educational agency receiving a grant pursuant to

this subpart may reserve not more than 10 percent of the grant

funds for the establishment of a revolving loan fund. Such fund

may be used to make loans to eligible applicants that have

received a subgrant under this subpart, under such terms as may

be determined by the State educational agency, for the initial

operation of the charter school grant program of the eligible

applicant until such time as the recipient begins receiving

ongoing operational support from State or local financing

sources.

(6) Dissemination

(A) In general

A charter school may apply for funds under this subpart,

whether or not the charter school has applied for or received

funds under this subpart for planning, program design, or

implementation, to carry out the activities described in

subparagraph (B) if the charter school has been in operation

for at least 3 consecutive years and has demonstrated overall

success, including -

(i) substantial progress in improving student academic

achievement;

(ii) high levels of parent satisfaction; and

(iii) the management and leadership necessary to overcome

initial start-up problems and establish a thriving,

financially viable charter school.

(B) Activities

A charter school described in subparagraph (A) may use funds

reserved under paragraph (1) to assist other schools in

adapting the charter school's program (or certain aspects of

the charter school's program), or to disseminate information

about the charter school, through such activities as -

(i) assisting other individuals with the planning and

start-up of one or more new public schools, including charter

schools, that are independent of the assisting charter school

and the assisting charter school's developers, and that agree

to be held to at least as high a level of accountability as

the assisting charter school;

(ii) developing partnerships with other public schools,

including charter schools, designed to improve student

academic achievement in each of the schools participating in

the partnership;

(iii) developing curriculum materials, assessments, and

other materials that promote increased student achievement

and are based on successful practices within the assisting

charter school; and

(iv) conducting evaluations and developing materials that

document the successful practices of the assisting charter

school and that are designed to improve student performance

in other schools.

(g) Tribally controlled schools

Each State that receives a grant under this subpart and

designates a tribally controlled school as a charter school shall

not consider payments to a school under the Tribally Controlled

Schools Act of 1988 (25 U.S.C. 2501 et seq.) in determining -

(1) the eligibility of the school to receive any other Federal,

State, or local aid; or

(2) the amount of such aid.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5204, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1792.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred to in

subsec. (g), 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 5204 of Pub. L. 89-10 was classified to section

7234 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 7221a, 7221b of this

title.

-CITE-

20 USC Sec. 7221d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221d. National activities

-STATUTE-

(a) In general

The Secretary shall reserve for each fiscal year the greater of 5

percent or $5,000,000 of the amount appropriated to carry out this

subpart, except that in no fiscal year shall the total amount so

reserved exceed $8,000,000, to carry out the following activities:

(1) To provide charter schools, either directly or through

State educational agencies, with -

(A) information regarding -

(i) Federal funds that charter schools are eligible to

receive; and

(ii) other Federal programs in which charter schools may

participate; and

(B) assistance in applying for Federal education funds that

are allocated by formula, including assistance with filing

deadlines and submission of applications.

(2) To provide for other evaluations or studies that include

the evaluation of the impact of charter schools on student

academic achievement, including information regarding -

(A) students attending charter schools reported on the basis

of race, age, disability, gender, limited English proficiency,

and previous enrollment in public school; and

(B) the professional qualifications of teachers within a

charter school and the turnover of the teaching force.

(3) To provide -

(A) information to applicants for assistance under this

subpart;

(B) assistance to applicants for assistance under this

subpart with the preparation of applications under section

7221b of this title;

(C) assistance in the planning and startup of charter

schools;

(D) training and technical assistance to existing charter

schools; and

(E) for the dissemination to other public schools of best or

promising practices in charter schools.

(4) To provide (including through the use of one or more

contracts that use a competitive bidding process) for the

collection of information regarding the financial resources

available to charter schools, including access to private

capital, and to widely disseminate to charter schools any such

relevant information and model descriptions of successful

programs.

(5) To carry out evaluations of, technical assistance for, and

information dissemination regarding, the per-pupil facilities aid

programs. In carrying out the evaluations, the Secretary may

carry out one or more evaluations of State programs assisted

under this subsection, which shall, at a minimum, address -

(A) how, and the extent to which, the programs promote

educational equity and excellence; and

(B) the extent to which charter schools supported through the

programs are -

(i) held accountable to the public;

(ii) effective in improving public education; and

(iii) open and accessible to all students.

(b) Per-pupil facilities aid programs

(1) Definition of per-pupil facilities aid program

In this subsection, the term ''per-pupil facilities aid

program'' means a program in which a State makes payments, on a

per-pupil basis, to charter schools to provide the schools with

financing -

(A) that is dedicated solely for funding charter school

facilities; or

(B) a portion of which is dedicated for funding charter

school facilities.

(2) Grants

(A) In general

From the amount made available to carry out this subsection

under paragraphs (2) and (3)(B) of section 7221j(b) of this

title for any fiscal year, the Secretary shall make grants, on

a competitive basis, to States to pay for the Federal share of

the cost of establishing or enhancing, and administering

per-pupil facilities aid programs.

(B) Period

The Secretary shall award grants under this subsection for

periods of not more than 5 years.

(C) Federal share

The Federal share of the cost described in subparagraph (A)

for a per-pupil facilities aid program shall be not more than -

(i) 90 percent of the cost, for the first fiscal year for

which the program receives assistance under this subsection;

(ii) 80 percent in the second such year;

(iii) 60 percent in the third such year;

(iv) 40 percent in the fourth such year; and

(v) 20 percent in the fifth such year.

(3) Use of funds

(A) In general

A State that receives a grant under this subsection shall use

the funds made available through the grant to establish or

enhance, and administer, a per-pupil facilities aid program for

charter schools in the State.

(B) Evaluations; technical assistance; dissemination

From the amount made available to a State through a grant

under this subsection for a fiscal year, the State may reserve

not more than 5 percent to carry out evaluations, to provide

technical assistance, and to disseminate information.

(C) Supplement, not supplant

Funds made available under this subsection shall be used to

supplement, and not supplant, State and local public funds

expended to provide per pupil (FOOTNOTE 1) facilities aid

programs, operations financing programs, or other programs, for

charter schools.

(FOOTNOTE 1) So in original. Probably should be ''per-pupil''.

(4) Requirements

(A) Voluntary participation

No State may be required to participate in a program carried

out under this subsection.

(B) State law

To be eligible to receive a grant under this subsection, a

State shall establish or enhance, and administer, a per-pupil

facilities aid program for charter schools in the State, that -

(i) is specified in State law; and

(ii) provides annual financing, on a per-pupil basis, for

charter school facilities.

(5) Applications

To be eligible to receive a grant under this subsection, a

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

in such manner, and containing such information as the Secretary

may require.

(6) Priorities

In making grants under this subsection, the Secretary shall

give priority to States that meet the criteria described in

paragraph (2), and subparagraphs (A), (B), and (C) of paragraph

(3), of section 7221a(e) of this title.

(c) Rule of construction

Nothing in this section shall be construed to require charter

schools to collect any data described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5205, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1795.)

-MISC1-

PRIOR PROVISIONS

A prior section 5205 of Pub. L. 89-10 was classified to section

7235 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 7221a, 7221j of this

title.

-CITE-

20 USC Sec. 7221e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221e. Federal formula allocation during first year and for

successive enrollment expansions

-STATUTE-

(a) In general

For purposes of the allocation to schools by the States or their

agencies of funds under part A of subchapter I of this chapter, and

any other Federal funds which the Secretary allocates to States on

a formula basis, the Secretary and each State educational agency

shall take such measures as are necessary to ensure that every

charter school receives the Federal funding for which the charter

school is eligible not later than 5 months after the charter school

first opens, notwithstanding the fact that the identity and

characteristics of the students enrolling in that charter school

are not fully and completely determined until that charter school

actually opens. The measures similarly shall ensure that every

charter school expanding its enrollment in any subsequent year of

operation receives the Federal funding for which the charter school

is eligible not later than 5 months after such expansion.

(b) Adjustment and late openings

(1) In general

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

include provision for appropriate adjustments, through recovery

of funds or reduction of payments for the succeeding year, in

cases where payments made to a charter school on the basis of

estimated or projected enrollment data exceed the amounts that

the school is eligible to receive on the basis of actual or final

enrollment data.

(2) Rule

For charter schools that first open after November 1 of any

academic year, the State, in accordance with guidance provided by

the Secretary and applicable Federal statutes and regulations,

shall ensure that such charter schools that are eligible for the

funds described in subsection (a) of this section for such

academic year have a full and fair opportunity to receive those

funds during the charter schools' first year of operation.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5206, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1797.)

-MISC1-

PRIOR PROVISIONS

A prior section 5206 of Pub. L. 89-10 was classified to section

7236 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7221f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221f. Solicitation of input from charter school operators

-STATUTE-

To the extent practicable, the Secretary shall ensure that

administrators, teachers, and other individuals directly involved

in the operation of charter schools are consulted in the

development of any rules or regulations required to implement this

subpart, as well as in the development of any rules or regulations

relevant to charter schools that are required to implement part A

of subchapter I of this chapter, the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.), or any other program

administered by the Secretary that provides education funds to

charter schools or regulates the activities of charter schools.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5207, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1798.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

text, 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 5207 of Pub. L. 89-10 was classified to section

7237 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7221g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221g. Records transfer

-STATUTE-

State educational agencies and local educational agencies, to the

extent practicable, shall ensure that a student's records and, if

applicable, a student's individualized education program as defined

in section 1401(11) of this title, are transferred to a charter

school upon the transfer of the student to the charter school, and

to another public school upon the transfer of the student from a

charter school to another public school, in accordance with

applicable State law.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5208, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1798.)

-MISC1-

PRIOR PROVISIONS

A prior section 5208 of Pub. L. 89-10 was classified to section

7238 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7221h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221h. Paperwork reduction

-STATUTE-

To the extent practicable, the Secretary and each authorized

public chartering agency shall ensure that implementation of this

subpart results in a minimum of paperwork for any eligible

applicant or charter school.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5209, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1798.)

-CITE-

20 USC Sec. 7221i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221i. Definitions

-STATUTE-

In this subpart:

(1) Charter school

The term ''charter school'' means a public school that -

(A) in accordance with a specific State statute authorizing

the granting of charters to schools, is exempt from significant

State or local rules that inhibit the flexible operation and

management of public schools, but not from any rules relating

to the other requirements of this paragraph;

(B) is created by a developer as a public school, or is

adapted by a developer from an existing public school, and is

operated under public supervision and direction;

(C) operates in pursuit of a specific set of educational

objectives determined by the school's developer and agreed to

by the authorized public chartering agency;

(D) provides a program of elementary or secondary education,

or both;

(E) is nonsectarian in its programs, admissions policies,

employment practices, and all other operations, and is not

affiliated with a sectarian school or religious institution;

(F) does not charge tuition;

(G) complies with the Age Discrimination Act of 1975 (42

U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964

(42 U.S.C. 2000d et seq.), title IX of the Education Amendments

of 1972 (20 U.S.C. 1681 et seq.), section 504 of the

Rehabilitation Act of 1973 (29 U.S.C. 794), and part B of the

Individuals with Disabilities Education Act (20 U.S.C. 1411 et

seq.);

(H) is a school to which parents choose to send their

children, and that admits students on the basis of a lottery,

if more students apply for admission than can be accommodated;

(I) agrees to comply with the same Federal and State audit

requirements as do other elementary schools and secondary

schools in the State, unless such requirements are specifically

waived for the purpose of this program;

(J) meets all applicable Federal, State, and local health and

safety requirements;

(K) operates in accordance with State law; and

(L) has a written performance contract with the authorized

public chartering agency in the State that includes a

description of how student performance will be measured in

charter schools pursuant to State assessments that are required

of other schools and pursuant to any other assessments mutually

agreeable to the authorized public chartering agency and the

charter school.

(2) Developer

The term ''developer'' means an individual or group of

individuals (including a public or private nonprofit

organization), which may include teachers, administrators and

other school staff, parents, or other members of the local

community in which a charter school project will be carried out.

(3) Eligible applicant

The term ''eligible applicant'' means a developer that has -

(A) applied to an authorized public chartering authority to

operate a charter school; and

(B) provided adequate and timely notice to that authority

under section 7221b(d)(3) of this title.

(4) Authorized public chartering agency

The term ''authorized public chartering agency'' means a State

educational agency, local educational agency, or other public

entity that has the authority pursuant to State law and approved

by the Secretary to authorize or approve a charter school.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5210, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1798.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in par. (1)(G),

is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as

amended, which is classified generally to chapter 76 (Sec. 6101 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 6101 of Title 42 and Tables.

The Civil Rights Act of 1964, referred to in par. (1)(G), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 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 2000a of Title 42 and Tables.

The Education Amendments of 1972, referred to in par. (1)(G), 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.

The Individuals with Disabilities Education Act, referred to in

par. (1)(G), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended. Part B of the Act is classified generally to

subchapter II (Sec. 1411 et seq.) of chapter 33 of this title. For

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

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 6602, 7221c, 7223i,

7225f of this title.

-CITE-

20 USC Sec. 7221j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 1 - charter school programs

-HEAD-

Sec. 7221j. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this subpart

$300,000,000 for fiscal year 2002 and such sums as may be necessary

for each of the 5 succeeding fiscal years.

(b) Reservation

From the amount appropriated under subsection (a) of this section

for each fiscal year, the Secretary shall reserve -

(1) $200,000,000 to carry out this subpart, other than section

7221d(b) of this title; and

(2) any funds in excess of $200,000,000, that do not exceed

$300,000,000, to carry out section 7221d(b) of this title; and

(3)(A) 50 percent of any funds in excess of $300,000,000 to

carry out this subpart, other than section 7221d(b) of this

title; and

(B) 50 percent of any funds in excess of $300,000,000 to carry

out section 7221d(b) of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5211, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1799.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7221a, 7221d 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 V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - 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

-CITE-

20 USC Sec. 7223 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223. Purpose

-STATUTE-

The purpose of this subpart is to provide grants to eligible

entities to permit the eligible entities to demonstrate innovative

credit enhancement initiatives that assist charter schools to

address the cost of acquiring, constructing, and renovating

facilities.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5221, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1800.)

-CITE-

20 USC Sec. 7223a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223a. Grants to eligible entities

-STATUTE-

(a) Grants

The Secretary shall use 100 percent of the amount available to

carry out this subpart to award not less than three grants to

eligible entities that have applications approved under this

subpart to demonstrate innovative methods of assisting charter

schools to address the cost of acquiring, constructing, and

renovating facilities by enhancing the availability of loans or

bond financing.

(b) Grantee selection

(1) Evaluation of application

The Secretary shall evaluate each application submitted under

section 7223b of this title, and shall determine whether the

application is sufficient to merit approval.

(2) Distribution of grants

The Secretary shall award at least one grant to an eligible

entity described in section 7223i(2)(A) of this title, at least

one grant to an eligible entity described in section 7223i(2)(B)

of this title, and at least one grant to an eligible entity

described in section 7223i(2)(C) of this title, if applications

are submitted that permit the Secretary to do so without

approving an application that is not of sufficient quality to

merit approval.

(c) Grant characteristics

Grants under this subpart shall be of a sufficient size, scope,

and quality so as to ensure an effective demonstration of an

innovative means of enhancing credit for the financing of charter

school acquisition, construction, or renovation.

(d) Special rule

In the event the Secretary determines that the funds made

available under this subpart are insufficient to permit the

Secretary to award not less than three grants in accordance with

subsections (a) through (c) of this section, such three-grant

minimum and subsection (b)(2) of this section shall not apply, and

the Secretary may determine the appropriate number of grants to be

awarded in accordance with subsection (c) of this section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5222, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1800.)

-CITE-

20 USC Sec. 7223b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223b. Applications

-STATUTE-

(a) In general

To receive a grant under this subpart, an eligible entity shall

submit to the Secretary an application in such form as the

Secretary may reasonably require.

(b) Contents

An application submitted under subsection (a) of this section

shall contain -

(1) a statement identifying the activities proposed to be

undertaken with funds received under this subpart, including how

the eligible entity will determine which charter schools will

receive assistance, and how much and what types of assistance

charter schools will receive;

(2) a description of the involvement of charter schools in the

application's development and the design of the proposed

activities;

(3) a description of the eligible entity's expertise in capital

market financing;

(4) a description of how the proposed activities will leverage

the maximum amount of private-sector financing capital relative

to the amount of government funding used and otherwise enhance

credit available to charter schools;

(5) a description of how the eligible entity possesses

sufficient expertise in education to evaluate the likelihood of

success of a charter school program for which facilities

financing is sought;

(6) in the case of an application submitted by a State

governmental entity, a description of the actions that the entity

has taken, or will take, to ensure that charter schools within

the State receive the funding the charter schools need to have

adequate facilities; and

(7) such other information as the Secretary may reasonably

require.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5223, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1800.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7223a of this title.

-CITE-

20 USC Sec. 7223c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223c. Charter school objectives

-STATUTE-

An eligible entity receiving a grant under this subpart shall use

the funds deposited in the reserve account established under

section 7223d(a) of this title to assist one or more charter

schools to access private sector capital to accomplish one or both

of the following objectives:

(1) The acquisition (by purchase, lease, donation, or

otherwise) of an interest (including an interest held by a third

party for the benefit of a charter school) in improved or

unimproved real property that is necessary to commence or

continue the operation of a charter school.

(2) The construction of new facilities, or the renovation,

repair, or alteration of existing facilities, necessary to

commence or continue the operation of a charter school.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5224, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1801.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7223d, 7223f of this

title.

-CITE-

20 USC Sec. 7223d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223d. Reserve account

-STATUTE-

(a) Use of funds

To assist charter schools to accomplish the objectives described

in section 7223c of this title, an eligible entity receiving a

grant under this subpart shall, in accordance with State and local

law, directly or indirectly, alone or in collaboration with others,

deposit the funds received under this subpart (other than funds

used for administrative costs in accordance with section 7223e of

this title) in a reserve account established and maintained by the

eligible entity for this purpose. Amounts deposited in such

account shall be used by the eligible entity for one or more of the

following purposes:

(1) Guaranteeing, insuring, and reinsuring bonds, notes,

evidences of debt, loans, and interests therein, the proceeds of

which are used for an objective described in section 7223c of

this title.

(2) Guaranteeing and insuring leases of personal and real

property for an objective described in section 7223c of this

title.

(3) Facilitating financing by identifying potential lending

sources, encouraging private lending, and other similar

activities that directly promote lending to, or for the benefit

of, charter schools.

(4) Facilitating the issuance of bonds by charter schools, or

by other public entities for the benefit of charter schools, by

providing technical, administrative, and other appropriate

assistance (including the recruitment of bond counsel,

underwriters, and potential investors and the consolidation of

multiple charter school projects within a single bond issue).

(b) Investment

Funds received under this subpart and deposited in the reserve

account established under subsection (a) of this section shall be

invested in obligations issued or guaranteed by the United States

or a State, or in other similarly low-risk securities.

(c) Reinvestment of earnings

Any earnings on funds received under this subpart shall be

deposited in the reserve account established under subsection (a)

of this section and used in accordance with such subsection.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5225, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1801.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7223c, 7223h of this

title.

-CITE-

20 USC Sec. 7223e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223e. Limitation on administrative costs

-STATUTE-

An eligible entity may use not more than 0.25 percent of the

funds received under this subpart for the administrative costs of

carrying out its responsibilities under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5226, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1802.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7223d of this title.

-CITE-

20 USC Sec. 7223f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223f. Audits and reports

-STATUTE-

(a) Financial record maintenance and audit

The financial records of each eligible entity receiving a grant

under this subpart shall be maintained in accordance with generally

accepted accounting principles and shall be subject to an annual

audit by an independent public accountant.

(b) Reports

(1) Grantee annual reports

Each eligible entity receiving a grant under this subpart

annually shall submit to the Secretary a report of its operations

and activities under this subpart.

(2) Contents

Each annual report submitted under paragraph (1) shall include

-

(A) a copy of the most recent financial statements, and any

accompanying opinion on such statements, prepared by the

independent public accountant reviewing the financial records

of the eligible entity;

(B) a copy of any report made on an audit of the financial

records of the eligible entity that was conducted under

subsection (a) of this section during the reporting period;

(C) an evaluation by the eligible entity of the effectiveness

of its use of the Federal funds provided under this subpart in

leveraging private funds;

(D) a listing and description of the charter schools served

during the reporting period;

(E) a description of the activities carried out by the

eligible entity to assist charter schools in meeting the

objectives set forth in section 7223c of this title; and

(F) a description of the characteristics of lenders and other

financial institutions participating in the activities

undertaken by the eligible entity under this subpart during the

reporting period.

(3) Secretarial report

The Secretary shall review the reports submitted under

paragraph (1) and shall provide a comprehensive annual report to

Congress on the activities conducted under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5227, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1802.)

-CITE-

20 USC Sec. 7223g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223g. No full faith and credit for grantee obligations

-STATUTE-

No financial obligation of an eligible entity entered into

pursuant to this subpart (such as an obligation under a guarantee,

bond, note, evidence of debt, or loan) shall be an obligation of,

or guaranteed in any respect by, the United States. The full faith

and credit of the United States is not pledged to the payment of

funds which may be required to be paid under any obligation made by

an eligible entity pursuant to any provision of this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5228, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1803.)

-CITE-

20 USC Sec. 7223h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223h. Recovery of funds

-STATUTE-

(a) In general

The Secretary, in accordance with chapter 37 of title 31, shall

collect -

(1) all of the funds in a reserve account established by an

eligible entity under section 7223d(a) of this title if the

Secretary determines, not earlier than 2 years after the date on

which the eligible entity first received funds under this

subpart, that the eligible entity has failed to make substantial

progress in carrying out the purposes described in section

7223d(a) of this title; or

(2) all or a portion of the funds in a reserve account

established by an eligible entity under section 7223d(a) of this

title if the Secretary determines that the eligible entity has

permanently ceased to use all or a portion of the funds in such

account to accomplish any purpose described in section 7223d(a)

of this title.

(b) Exercise of authority

The Secretary shall not exercise the authority provided in

subsection (a) of this section to collect from any eligible entity

any funds that are being properly used to achieve one or more of

the purposes described in section 7223d(a) of this title.

(c) Procedures

The provisions of sections 451, 452, and 458 of the General

Education Provisions Act (20 U.S.C. 1234, 1234a, 1234g) shall apply

to the recovery of funds under subsection (a) of this section.

(d) Construction

This section shall not be construed to impair or affect the

authority of the Secretary to recover funds under part D of the

General Education Provisions Act (20 U.S.C. 1234 et seq.).

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5229, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1803.)

-REFTEXT-

REFERENCES IN TEXT

The General Education Provisions Act, referred to in subsec. (d),

is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as

amended. Part D of the Act is classified generally to subchapter

IV (Sec. 1234 et seq.) of chapter 31 of this title. For complete

classification of this Act to the Code, see section 1221 of this

title and Tables.

-CITE-

20 USC Sec. 7223i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223i. Definitions

-STATUTE-

In this subpart:

(1) Charter school

The term ''charter school'' has the meaning given such term in

section 7221i of this title.

(2) Eligible entity

The term ''eligible entity'' means -

(A) a public entity, such as a State or local governmental

entity;

(B) a private nonprofit entity; or

(C) a consortium of entities described in subparagraphs (A)

and (B).

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5230, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1803.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7223a of this title.

-CITE-

20 USC Sec. 7223j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 2 - credit enhancement initiatives to assist charter school

facility acquisition, construction, and renovation

-HEAD-

Sec. 7223j. Authorization of appropriations

-STATUTE-

For the purpose of carrying out this subpart, there are

authorized to be appropriated $150,000,000 for fiscal year 2002 and

such sums as may be necessary for fiscal year 2003.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5231, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1803.)

-CITE-

20 USC subpart 3 - voluntary public school choice

programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

.

-HEAD-

subpart 3 - voluntary public school choice programs

-CITE-

20 USC Sec. 7225 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225. Grants

-STATUTE-

(a) Authorization

From funds made available under section 7225g of this title to

carry out this subpart, the Secretary shall award grants, on a

competitive basis, to eligible entities to enable the entities to

establish or expand a program of public school choice (referred to

in this subpart as a ''program'') in accordance with this subpart.

(b) Duration

Grants awarded under subsection (a) of this section may be

awarded for a period of not more than 5 years.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5241, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1803.)

-CITE-

20 USC Sec. 7225a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225a. Uses of funds

-STATUTE-

(a) Required use of funds

An eligible entity that receives a grant under this subpart shall

use the grant funds to provide students selected to participate in

the program with transportation services or the cost of

transportation to and from the public elementary schools and

secondary schools, including charter schools, that the students

choose to attend under the program.

(b) Permissible uses of funds

An eligible entity that receives a grant under this subpart may

use the grant funds for -

(1) planning or designing a program (for not more than 1 year);

(2) the cost of making tuition transfer payments to public

elementary schools or secondary schools to which students

transfer under the program;

(3) the cost of capacity-enhancing activities that enable

high-demand public elementary schools or secondary schools to

accommodate transfer requests under the program;

(4) the cost of carrying out public education campaigns to

inform students and parents about the program; and

(5) other costs reasonably necessary to implement the program.

(c) Nonpermissible uses of funds

An eligible entity that receives a grant under this subpart may

not use the grant funds for school construction.

(d) Administrative expenses

The eligible entity may use not more than 5 percent of the funds

made available through the grant for any fiscal year for

administrative expenses.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5242, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1804.)

-CITE-

20 USC Sec. 7225b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225b. Applications

-STATUTE-

(a) Submission

An eligible entity that desires 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

require.

(b) Contents

An application submitted under subsection (a) of this section

shall include -

(1) a description of the program for which the eligible entity

seeks funds and the goals for such program;

(2) a description of how and when parents of students will be

given the notice required under section 7225d(a)(2) of this

title;

(3) a description of how students will be selected for the

program;

(4) a description of how the program will be coordinated with,

and will complement and enhance, other related Federal and

non-Federal projects;

(5) if the program is to be carried out by a partnership, the

name of each partner and a description of the partner's

responsibilities; and

(6) such other information as the Secretary may require.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5243, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1804.)

-CITE-

20 USC Sec. 7225c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225c. Priorities

-STATUTE-

In awarding grants under this subpart, the Secretary shall give

priority to an eligible entity -

(1) whose program would provide the widest variety of choices

to all students in participating schools;

(2) whose program would, through various choice options, have

the most impact in allowing students in low-performing schools to

attend higher-performing schools; and

(3) that is a partnership that seeks to implement an

interdistrict approach to carrying out a program.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5244, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1804.)

-CITE-

20 USC Sec. 7225d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225d. Requirements and voluntary participation

-STATUTE-

(a) Parent and community involvement and notice

In carrying out a program under this subpart, an eligible entity

shall -

(1) develop the program with -

(A) the involvement of parents and others in the community to

be served; and

(B) individuals who will carry out the program, including

administrators, teachers, principals, and other staff; and

(2) provide to parents of students in the area to be served by

the program with prompt notice of -

(A) the existence of the program;

(B) the program's availability; and

(C) a clear explanation of how the program will operate.

(b) Selection of students

An eligible entity that receives a grant under this subpart shall

select students to participate in a program on the basis of a

lottery, if more students apply for admission to the program than

can be accommodated.

(c) Voluntary participation

Student participation in a program funded under this subpart

shall be voluntary.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5245, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7225b of this title.

-CITE-

20 USC Sec. 7225e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225e. Evaluations

-STATUTE-

(a) In general

From the amount made available to carry out this subpart for any

fiscal year, the Secretary may reserve not more than 5 percent -

(1) to carry out evaluations;

(2) to provide technical assistance; and

(3) to disseminate information.

(b) Evaluations

In carrying out the evaluations under subsection (a) of this

section, the Secretary shall, at a minimum, address -

(1) how, and the extent to which, the programs promote

educational equity and excellence;

(2) the characteristics of the students participating in the

programs; and

(3) the effect of the programs on the academic achievement of

students participating in the programs, particularly students who

move from schools identified under section 6316 of this title to

schools not so identified, and on the overall quality of

participating schools and districts.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5246, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1805.)

-CITE-

20 USC Sec. 7225f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225f. Definitions

-STATUTE-

In this subpart:

(1) Charter school

The term ''charter school'' has the meaning given such term in

section 7221i of this title.

(2) Eligible entity

The term ''eligible entity'' means -

(A) one or more State educational agencies;

(B) one or more local educational agencies; or

(C) a partnership of -

(i) one or more -

(I) State educational agencies; and

(II) local educational agencies or other public,

for-profit, or nonprofit entities; or

(ii) one or more -

(I) local educational agencies; and

(II) public, for-profit, or nonprofit entities.

(3) Low-performing school

The term ''low-performing school'' means a public elementary

school or secondary school that has failed to make adequate

yearly progress, as described in section 6311(b) of this title,

for two or more consecutive years.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5247, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1805.)

-CITE-

20 USC Sec. 7225g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part B - Public Charter Schools

subpart 3 - voluntary public school choice programs

-HEAD-

Sec. 7225g. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this subpart

$100,000,000 for fiscal year 2002 and each of the 5 succeeding

fiscal years.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5248, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1806.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7225 of this title.

-CITE-

20 USC Part C - Magnet Schools Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

.

-HEAD-

Part C - Magnet Schools Assistance

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1232d of this title.

-CITE-

20 USC Sec. 7231 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231. Findings and purpose

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) Magnet schools are a significant part of the Nation's

effort to achieve voluntary desegregation in our Nation's

schools.

(2) The use of magnet schools has increased dramatically since

the inception of the magnet schools assistance program under this

chapter, with approximately 2,000,000 students nationwide

attending such schools, of whom more than 65 percent are

non-white.

(3) Magnet schools offer a wide range of distinctive programs

that have served as models for school improvement efforts.

(4) It is in the best interests of the United States -

(A) to continue the Federal Government's support of local

educational agencies that are implementing court-ordered

desegregation plans and local educational agencies that are

voluntarily seeking to foster meaningful interaction among

students of different racial and ethnic backgrounds, beginning

at the earliest stage of such students' education;

(B) to ensure that all students have equitable access to a

high quality education that will prepare all students to

function well in a technologically oriented and a highly

competitive economy comprised of people from many different

racial and ethnic backgrounds; and

(C) to continue to desegregate and diversify schools by

supporting magnet schools, recognizing that segregation exists

between minority and nonminority students as well as among

students of different minority groups.

(5) Desegregation efforts through magnet school programs are a

significant part of our Nation's effort to achieve voluntary

desegregation in schools and help to ensure equal educational

opportunities for all students.

(b) Purpose

The purpose of this part is to assist in the desegregation of

schools served by local educational agencies by providing financial

assistance to eligible local educational agencies for -

(1) the elimination, reduction, or prevention of minority group

isolation in elementary schools and secondary schools with

substantial proportions of minority students, which shall include

assisting in the efforts of the United States to achieve

voluntary desegregation in public schools;

(2) the development and implementation of magnet school

programs that will assist local educational agencies in achieving

systemic reforms and providing all students the opportunity to

meet challenging State academic content standards and student

academic achievement standards;

(3) the development and design of innovative educational

methods and practices that promote diversity and increase choices

in public elementary schools and public secondary schools and

public educational programs;

(4) courses of instruction within magnet schools that will

substantially strengthen the knowledge of academic subjects and

the attainment of tangible and marketable vocational,

technological, and professional skills of students attending such

schools;

(5) improving the capacity of local educational agencies,

including through professional development, to continue operating

magnet schools at a high performance level after Federal funding

for the magnet schools is terminated; and

(6) ensuring that all students enrolled in the magnet school

programs have equitable access to high quality education that

will enable the students to succeed academically and continue

with postsecondary education or productive employment.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5301, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1806.)

-MISC1-

PRIOR PROVISIONS

A prior section 7231, Pub. L. 89-10, title V, Sec. 5201, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3695,

set forth short title and findings for the Women's Educational

Equity Act of 1994, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 5301 of Pub. L. 89-10 was classified to section

7261 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 7231d of this title.

-CITE-

20 USC Sec. 7231a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231a. Definition

-STATUTE-

For the purpose of this part, the term ''magnet school'' means a

public elementary school, public secondary school, public

elementary education center, or public secondary education center

that offers a special curriculum capable of attracting substantial

numbers of students of different racial backgrounds.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5302, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1807.)

-MISC1-

PRIOR PROVISIONS

A prior section 5302 of Pub. L. 89-10 was classified to section

7262 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231b. Program authorized

-STATUTE-

The Secretary, in accordance with this part, is authorized to

award grants to eligible local educational agencies, and consortia

of such agencies where appropriate, to carry out the purpose of

this part for magnet schools that are -

(1) part of an approved desegregation plan; and

(2) designed to bring students from different social, economic,

ethnic, and racial backgrounds together.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5303, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1807.)

-MISC1-

PRIOR PROVISIONS

A prior section 5303 of Pub. L. 89-10 was classified to section

7263 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231c. Eligibility

-STATUTE-

A local educational agency, or consortium of such agencies where

appropriate, is eligible to receive a grant under this part to

carry out the purpose of this part if such agency or consortium -

(1) is implementing a plan undertaken pursuant to a final order

issued by a court of the United States, or a court of any State,

or any other State agency or official of competent jurisdiction,

that requires the desegregation of minority-group-segregated

children or faculty in the elementary schools and secondary

schools of such agency; or

(2) without having been required to do so, has adopted and is

implementing, or will, if a grant is awarded to such local

educational agency, or consortium of such agencies, under this

part, adopt and implement a plan that has been approved by the

Secretary as adequate under title VI of the Civil Rights Act of

1964 (42 U.S.C. 2000d et seq.) for the desegregation of

minority-group-segregated children or faculty in such schools.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5304, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1807.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in par. (2), is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 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 2000a of Title 42 and Tables.

-CITE-

20 USC Sec. 7231d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231d. Applications and requirements

-STATUTE-

(a) Applications

An eligible local educational agency, or consortium of such

agencies, desiring to receive a grant under this part shall submit

an application to the Secretary at such time, in such manner, and

containing such information and assurances as the Secretary may

reasonably require.

(b) Information and assurances

Each application submitted under subsection (a) of this section

shall include -

(1) a description of -

(A) how a grant awarded under this part will be used to

promote desegregation, including how the proposed magnet school

programs will increase interaction among students of different

social, economic, ethnic, and racial backgrounds;

(B) the manner and extent to which the magnet school program

will increase student academic achievement in the instructional

area or areas offered by the school;

(C) how the applicant will continue the magnet school program

after assistance under this part is no longer available, and,

if applicable, an explanation of why magnet schools established

or supported by the applicant with grant funds under this part

cannot be continued without the use of grant funds under this

part;

(D) how grant funds under this part will be used -

(i) to improve student academic achievement for all

students attending the magnet school programs; and

(ii) to implement services and activities that are

consistent with other programs under this chapter, and other

Acts, as appropriate; and

(E) the criteria to be used in selecting students to attend

the proposed magnet school program; and

(2) assurances that the applicant will -

(A) use grant funds under this part for the purposes

specified in section 7231(b) of this title;

(B) employ highly qualified teachers in the courses of

instruction assisted under this part;

(C) not engage in discrimination based on race, religion,

color, national origin, sex, or disability in -

(i) the hiring, promotion, or assignment of employees of

the applicant or other personnel for whom the applicant has

any administrative responsibility;

(ii) the assignment of students to schools, or to courses

of instruction within the schools, of such applicant, except

to carry out the approved plan; and

(iii) designing or operating extracurricular activities for

students;

(D) carry out a high-quality education program that will

encourage greater parental decisionmaking and involvement; and

(E) give students residing in the local attendance area of

the proposed magnet school program equitable consideration for

placement in the program, consistent with desegregation

guidelines and the capacity of the applicant to accommodate the

students.

(c) Special rule

No grant shall be awarded under this part unless the Assistant

Secretary of Education for Civil Rights determines that the

assurances described in subsection (b)(2)(C) of this section will

be met.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5305, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1808.)

-MISC1-

PRIOR PROVISIONS

A prior section 5305 of Pub. L. 89-10 was classified to section

7265 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231e. Priority

-STATUTE-

In awarding grants under this part, the Secretary shall give

priority to applicants that -

(1) demonstrate the greatest need for assistance, based on the

expense or difficulty of effectively carrying out approved

desegregation plans and the magnet school program for which the

grant is sought;

(2) propose to carry out new magnet school programs, or

significantly revise existing magnet school programs; and

(3) propose to select students to attend magnet school programs

by methods such as lottery, rather than through academic

examination.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5306, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1809.)

-MISC1-

PRIOR PROVISIONS

A prior section 5306 of Pub. L. 89-10 was classified to section

7266 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231f. Use of funds

-STATUTE-

(a) In general

Grant funds made available under this part may be used by an

eligible local educational agency, or consortium of such agencies -

(1) for planning and promotional activities directly related to

the development, expansion, continuation, or enhancement of

academic programs and services offered at magnet schools;

(2) for the acquisition of books, materials, and equipment,

including computers and the maintenance and operation of

materials, equipment, and computers, necessary to conduct

programs in magnet schools;

(3) for the compensation, or subsidization of the compensation,

of elementary school and secondary school teachers who are highly

qualified, and instructional staff where applicable, who are

necessary to conduct programs in magnet schools;

(4) with respect to a magnet school program offered to less

than the entire student population of a school, for instructional

activities that -

(A) are designed to make available the special curriculum

that is offered by the magnet school program to students who

are enrolled in the school but who are not enrolled in the

magnet school program; and

(B) further the purpose of this part;

(5) for activities, which may include professional development,

that will build the recipient's capacity to operate magnet school

programs once the grant period has ended;

(6) to enable the local educational agency, or consortium of

such agencies, to have more flexibility in the administration of

a magnet school program in order to serve students attending a

school who are not enrolled in a magnet school program; and

(7) to enable the local educational agency, or consortium of

such agencies, to have flexibility in designing magnet schools

for students in all grades.

(b) Special rule

Grant funds under this part may be used for activities described

in paragraphs (2) and (3) of subsection (a) of this section only if

the activities are directly related to improving student academic

achievement based on the State's challenging academic content

standards and student academic achievement standards or directly

related to improving student reading skills or knowledge of

mathematics, science, history, geography, English, foreign

languages, art, or music, or to improving vocational,

technological, and professional skills.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5307, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1809.)

-MISC1-

PRIOR PROVISIONS

A prior section 5307 of Pub. L. 89-10 was classified to section

7267 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231g. Prohibition

-STATUTE-

Grants under this part may not be used for transportation or any

activity that does not augment academic improvement.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5308, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1810.)

-MISC1-

PRIOR PROVISIONS

A prior section 5308 of Pub. L. 89-10 was classified to section

7268 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7231h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231h. Limitations

-STATUTE-

(a) Duration of awards

A grant under this part shall be awarded for a period that shall

not exceed 3 fiscal years.

(b) Limitation on planning funds

A local educational agency, or consortium of such agencies, may

expend for planning (professional development shall not be

considered to be planning for purposes of this subsection) not more

than 50 percent of the grant funds received under this part for the

first year of the program and not more than 15 percent of such

funds for each of the second and third such years.

(c) Amount

No local educational agency, or consortium of such agencies,

awarded a grant under this part shall receive more than $4,000,000

under this part for any 1 fiscal year.

(d) Timing

To the extent practicable, the Secretary shall award grants for

any fiscal year under this part not later than July 1 of the

applicable fiscal year.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5309, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1810.)

-CITE-

20 USC Sec. 7231i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231i. Evaluations

-STATUTE-

(a) Reservation

The Secretary may reserve not more than 2 percent of the funds

appropriated under section 7231j(a) of this title for any fiscal

year to carry out evaluations, provide technical assistance, and

carry out dissemination projects with respect to magnet school

programs assisted under this part.

(b) Contents

Each evaluation described in subsection (a) of this section, at a

minimum, shall address -

(1) how and the extent to which magnet school programs lead to

educational quality and improvement;

(2) the extent to which magnet school programs enhance student

access to a high quality education;

(3) the extent to which magnet school programs lead to the

elimination, reduction, or prevention of minority group isolation

in elementary schools and secondary schools with substantial

proportions of minority students; and

(4) the extent to which magnet school programs differ from

other school programs in terms of the organizational

characteristics and resource allocations of such magnet school

programs.

(c) Dissemination

The Secretary shall collect and disseminate to the general public

information on successful magnet school programs.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5310, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1810.)

-CITE-

20 USC Sec. 7231j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part C - Magnet Schools Assistance

-HEAD-

Sec. 7231j. Authorization of appropriations; reservation

-STATUTE-

(a) Authorization

For the purpose of carrying out this part, there are authorized

to be appropriated $125,000,000 for fiscal year 2002 and such sums

as may be necessary for each of the 5 succeeding fiscal years.

(b) Availability of funds for grants to agencies not previously

assisted

In any fiscal year for which the amount appropriated pursuant to

subsection (a) of this section exceeds $75,000,000, the Secretary

shall give priority in using such amounts in excess of $75,000,000

to awarding grants to local educational agencies or consortia of

such agencies that did not receive a grant under this part in the

preceding fiscal year.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5311, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1810.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7232 to 7238 were omitted in the general amendment

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

Section 7232, Pub. L. 89-10, title V, Sec. 5202, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3696, set

forth purposes of former part B of this subchapter relating to

gender equity. See section 7283a of this title.

Section 7233, Pub. L. 89-10, title V, Sec. 5203, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3696; amended

Pub. L. 104-193, title I, Sec. 110(j)(3), Aug. 22, 1996, 110 Stat.

2172, authorized gender equity programs. See section 7283b of this

title.

Section 7234, Pub. L. 89-10, title V, Sec. 5204, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3699, related

to applications. See section 7283c of this title.

Section 7235, Pub. L. 89-10, title V, Sec. 5205, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3699, set

forth criteria and priorities for awards. See section 7283d of

this title.

Section 7236, Pub. L. 89-10, title V, Sec. 5206, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3700, related

to submission of report. See section 7283e of this title.

Section 7237, Pub. L. 89-10, title V, Sec. 5207, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3700, related

to administration. See section 7283f of this title.

Section 7238, Pub. L. 89-10, title V, Sec. 5208, as added Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3701,

authorized appropriations. See section 7283g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7231i of this title.

-CITE-

20 USC Part D - Fund for the Improvement of Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

.

-HEAD-

Part D - Fund for the Improvement of Education

-CITE-

20 USC Sec. 7241 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

-HEAD-

Sec. 7241. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

the following amounts:

(1) $550,000,000 for fiscal year 2002.

(2) $575,000,000 for fiscal year 2003.

(3) $600,000,000 for fiscal year 2004.

(4) $625,000,000 for fiscal year 2005.

(5) $650,000,000 for fiscal year 2006.

(6) $675,000,000 for fiscal year 2007.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5401, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1811.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7243, 7259a, 7259c,

7265d, 7281b of this title.

-CITE-

20 USC subpart 1 - fund for the improvement of education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 1 - fund for the improvement of education

.

-HEAD-

subpart 1 - fund for the improvement of education

-CITE-

20 USC Sec. 7243 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 1 - fund for the improvement of education

-HEAD-

Sec. 7243. Programs authorized

-STATUTE-

(a) Authorization

The Secretary is authorized to support nationally significant

programs to improve the quality of elementary and secondary

education at the State and local levels and help all children meet

challenging State academic content and student academic achievement

standards. The Secretary may carry out such programs directly, or

through grants to, or contracts with -

(1) States or local educational agencies;

(2) institutions of higher education; and

(3) other public and private agencies, organizations, and

institutions.

(b) Uses of funds

Funds made available under section 7241 of this title to carry

out this subpart may be used for any of the following programs:

(1) Activities to promote systemic education reform at the

State and local levels, including scientifically based research,

development, and evaluation designed to improve -

(A) student academic achievement at the State and local

level; and

(B) strategies for effective parent and community

involvement.

(2) Programs at the State and local levels that are designed to

yield significant results, including programs to explore

approaches to public school choice and school-based

decisionmaking.

(3) Recognition programs, which may include financial awards to

States, local educational agencies, and schools that have made

the greatest progress, based on the Secretary's determination or

on a nomination by the State in which the school is located (or

in the case of a Bureau funded school, by the Secretary of the

Interior) in -

(A) improving the academic achievement of economically

disadvantaged students and students from major racial and

ethnic minority groups; and

(B) closing the academic achievement gap for those groups of

students farthest away from the proficient level on the

academic assessments administered by the State under section

6311 of this title.

(4) Scientifically based studies and evaluations of education

reform strategies and innovations, and the dissemination of

information on the effectiveness of such strategies and

innovations.

(5) Identification and recognition of exemplary schools and

programs, such as Blue Ribbon Schools, including programs to

evaluate the effectiveness of using the best practices of

exemplary or Blue Ribbon Schools to improve academic achievement.

(6) Activities to support Scholar-Athlete Games programs,

including the World Scholar-Athlete Games and the U.S.

Scholar-Athlete Games.

(7) Programs to promote voter participation in American

elections through programs, such as the National Student/Parent

Mock Election and Kids Voting USA.

(8) Demonstrations relating to the planning and evaluation of

the effectiveness of programs under which local educational

agencies or schools contract with private management

organizations to reform a school or schools.

(9) Other programs that meet the purposes of this chapter.

(c) Basis of awards

The Secretary is authorized to -

(1) make awards under this subpart on the basis of competitions

announced by the Secretary; and

(2) support meritorious unsolicited proposals for awards under

this subpart.

(d) Effectiveness of programs

The Secretary shall ensure that programs supported under this

subpart are designed so that their effectiveness is readily

ascertainable, and shall ensure that such effectiveness is assessed

using rigorous, scientifically based research and evaluations.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5411, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1811.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7243a, 7243b of this

title.

-CITE-

20 USC Sec. 7243a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 1 - fund for the improvement of education

-HEAD-

Sec. 7243a. Applications

-STATUTE-

(a) Submission

To be eligible for an award under this subpart, an entity shall

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

manner, and containing such information as the Secretary may

require.

(b) Contents

Each application submitted under subsection (a) of this section

shall -

(1) establish clear objectives, which are based on

scientifically based research, for the proposed program; and

(2) describe the activities the applicant will carry out in

order to meet the objectives described in paragraph (1).

(c) Peer review

The Secretary shall use a peer review process in reviewing

applications for awards under this subpart and in recognizing

States, local educational agencies, and schools under section

7243(b)(3) of this title, only if funds are used for such

recognition programs. The Secretary may use funds appropriated

under this subpart for the cost of such peer review.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5412, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1812.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7243b of this title.

-CITE-

20 USC Sec. 7243b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 1 - fund for the improvement of education

-HEAD-

Sec. 7243b. Program requirements

-STATUTE-

(a) Evaluations

A recipient of an award under this subpart shall -

(1) evaluate the effectiveness of the program funded under the

award in achieving the objectives stated in applications

submitted under section 7243a of this title; and

(2) report to the Secretary such information as may be required

to determine the effectiveness of such program, including

evidence of progress toward meeting such objectives.

(b) Dissemination of evaluation results

The Secretary shall provide for the dissemination of the

evaluations of programs funded under this subpart by making the

evaluations publicly available upon request, and shall provide

public notice that the evaluations are so available.

(c) Matching funds

The Secretary may require recipients of awards under this subpart

to provide matching funds from non-Federal sources, and shall

permit the recipients to match funds in whole or in part with

in-kind contributions.

(d) Special rule for recognition programs

The application requirements of section 7243a(b) of this title,

and the evaluation requirements of subsections (a) and (b) of this

section, do not apply to recognition programs under section

7243(b)(3) of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5413, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1812.)

-CITE-

20 USC Sec. 7243c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 1 - fund for the improvement of education

-HEAD-

Sec. 7243c. Studies of national significance

-STATUTE-

(a) Studies

The Secretary shall conduct the following studies of national

significance:

(1) Unhealthy public school buildings

A study regarding the health and learning impacts of

environmentally unhealthy public school buildings on students and

teachers. The study shall include the following information:

(A) The characteristics of those public elementary school and

secondary school buildings that contribute to unhealthy school

environments.

(B) The health and learning impacts of environmental

(FOOTNOTE 1) unhealthy public school buildings on students that

are attending or that have attended such schools.

(FOOTNOTE 1) So in original. Probably should be

''environmentally''.

(C) Recommendations to Congress on how to assist schools that

are out of compliance with Federal or State health and safety

codes, and a cost estimate of bringing up environmentally

unhealthy public school buildings to minimum Federal health and

safety building standards.

(2) Exposure to violent entertainment

A study regarding how exposure to violent entertainment (such

as in movies, music, television, Internet content, video games,

and arcade games) affects children's cognitive development and

educational achievement.

(3) Sexual abuse in schools

A study regarding the prevalence of sexual abuse in schools,

including recommendations and legislative remedies for addressing

the problem of sexual abuse in schools.

(b) Completion date

The studies under subsection (a) of this section shall be

completed not later than 18 months after January 8, 2002.

(c) Public dissemination

The Secretary shall make the study conducted under subsection

(a)(1) of this section available to the public through the

Educational Resources Information Center National Clearinghouse for

Educational Facilities of the Department.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5414, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1813.)

-CITE-

20 USC subpart 2 - elementary and secondary school

counseling programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 2 - elementary and secondary school counseling programs

.

-HEAD-

subpart 2 - elementary and secondary school counseling programs

-CITE-

20 USC Sec. 7245 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 2 - elementary and secondary school counseling programs

-HEAD-

Sec. 7245. Elementary and secondary school counseling programs

-STATUTE-

(a) Grants authorized

(1) In general

The Secretary is authorized to award grants to local

educational agencies to enable such agencies to establish or

expand elementary school and secondary school counseling programs

that comply with the requirements of subsection (c)(2) of this

section.

(2) Special consideration

In awarding grants under this section, the Secretary shall give

special consideration to applications describing programs that -

(A) demonstrate the greatest need for new or additional

counseling services among children in the schools served by the

local educational agency, in part by providing information on

current ratios of students to school counselors, students to

school social workers, and students to school psychologists;

(B) propose the most promising and innovative approaches for

initiating or expanding school counseling; and

(C) show the greatest potential for replication and

dissemination.

(3) Equitable distribution

In awarding grants under this section, the Secretary shall

ensure an equitable geographic distribution among the regions of

the United States and among local educational agencies located in

urban, rural, and suburban areas.

(4) Duration

A grant under this section shall be awarded for a period not to

exceed 3 years.

(5) Maximum grant

A grant awarded under this section shall not exceed $400,000

for any fiscal year.

(6) Supplement, not supplant

Funds made available under this section shall be used to

supplement, and not supplant, other Federal, State, or local

funds used for providing school-based counseling and mental

health services to students.

(b) Applications

(1) In general

Each local educational agency 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.

(2) Contents

Each application for a grant under this section shall -

(A) describe the school population to be targeted by the

program, the particular counseling needs of such population,

and the current school counseling resources available for

meeting such needs;

(B) describe the activities, services, and training to be

provided by the program and the specific approaches to be used

to meet the needs described in subparagraph (A);

(C) describe the methods to be used to evaluate the outcomes

and effectiveness of the program;

(D) describe how the local educational agency will involve

community groups, social service agencies, and other public and

private entities in collaborative efforts to enhance the

program and promote school-linked services integration;

(E) document that the local educational agency has the

personnel qualified to develop, implement, and administer the

program;

(F) describe how diverse cultural populations, if applicable,

will be served through the program;

(G) assure that the funds made available under this subpart

for any fiscal year will be used to supplement, and not

supplant, any other Federal, State, or local funds used for

providing school-based counseling and mental health services to

students; and

(H) assure that the applicant will appoint an advisory board

composed of interested parties, including parents, teachers,

school administrators, counseling services providers described

in subsection (c)(2)(D) of this section, and community leaders,

to advise the local educational agency on the design and

implementation of the program.

(c) Use of funds

(1) In general

The Secretary is authorized to award grants to local

educational agencies to enable the local educational agencies to

initiate or expand elementary school or secondary school

counseling programs that comply with the requirements of

paragraph (2).

(2) Requirements

Each program funded under this section shall -

(A) be comprehensive in addressing the counseling and

educational needs of all students;

(B) use a developmental, preventive approach to counseling;

(C) increase the range, availability, quantity, and quality

of counseling services in the elementary schools and secondary

schools of the local educational agency;

(D) expand counseling services through qualified school

counselors, school social workers, school psychologists, other

qualified psychologists, or child and adolescent psychiatrists;

(E) use innovative approaches to increase children's

understanding of peer and family relationships, work and self,

decisionmaking, or academic and career planning, or to improve

peer interaction;

(F) provide counseling services in settings that meet the

range of student needs;

(G) include in-service training appropriate to the activities

funded under this chapter for teachers, instructional staff,

and appropriate school personnel, including in-service training

in appropriate identification and early intervention techniques

by school counselors, school social workers, school

psychologists, other qualified psychologists, and child and

adolescent psychiatrists;

(H) involve parents of participating students in the design,

implementation, and evaluation of the counseling program;

(I) involve community groups, social service agencies, or

other public or private entities in collaborative efforts to

enhance the program and promote school-linked integration of

services;

(J) evaluate annually the effectiveness and outcomes of the

counseling services and activities assisted under this section;

(K) ensure a team approach to school counseling in the

schools served by the local educational agency by working

toward ratios recommended by the American School Health

Association of one school counselor to 250 students, one school

social worker to 800 students, and one school psychologist to

1,000 students; and

(L) ensure that school counselors, school psychologists,

other qualified psychologists, school social workers, or child

and adolescent psychiatrists paid from funds made available

under this section spend a majority of their time counseling

students or in other activities directly related to the

counseling process.

(d) Limitation on administrative costs

Not more than 4 percent of the amounts made available under this

section for any fiscal year may be used for administrative costs to

carry out this section.

(e) Definitions

For the purpose of this section -

(1) the term ''child and adolescent psychiatrist'' means an

individual who -

(A) possesses State medical licensure; and

(B) has completed residency training programs in both general

psychiatry and child and adolescent psychiatry;

(2) the term ''other qualified psychologist'' means an

individual who has demonstrated competence in counseling children

in a school setting and who -

(A) is licensed in psychology by the State in which the

individual works; and

(B) practices in the scope of the individual's education,

training, and experience with children in school settings;

(3) the term ''school counselor'' means an individual who has

documented competence in counseling children and adolescents in a

school setting and who -

(A) is licensed by the State or certified by an independent

professional regulatory authority;

(B) in the absence of such State licensure or certification,

possesses national certification in school counseling or a

specialty of counseling granted by an independent professional

organization; or

(C) holds a minimum of a master's degree in school counseling

from a program accredited by the Council for Accreditation of

Counseling and Related Educational Programs or the equivalent;

(4) the term ''school psychologist'' means an individual who -

(A) has completed a minimum of 60 graduate semester hours in

school psychology from an institution of higher education and

has completed 1,200 clock hours in a supervised school

psychology internship, of which 600 hours are in the school

setting;

(B) is licensed or certified in school psychology by the

State in which the individual works; or

(C) in the absence of such State licensure or certification,

possesses national certification by the National School

Psychology Certification Board; and

(5) the term ''school social worker'' means an individual who -

(A) holds a master's degree in social work from a program

accredited by the Council on Social Work Education; and

(B)(i) is licensed or certified by the State in which

services are provided; or

(ii) in the absence of such State licensure or certification,

possesses a national credential or certification as a school

social work specialist granted by an independent professional

organization.

(f) Report

Not later than 2 years after assistance is made available to

local educational agencies under subsection (c) of this section,

the Secretary shall make publicly available a report -

(1) evaluating the programs assisted pursuant to each grant

under this subpart; and

(2) outlining the information from local educational agencies

regarding the ratios of students to -

(A) school counselors;

(B) school social workers; and

(C) school psychologists.

(g) Special rule

(1) Amount equals or exceeds $40,000,000

If the amount of funds made available by the Secretary for this

subpart equals or exceeds $40,000,000, the Secretary shall award

not less than $40,000,000 in grants to local educational agencies

to enable the agencies to establish or expand counseling programs

in elementary schools.

(2) Amount less than $40,000,000

If the amount of funds made available by the Secretary for this

subpart is less than $40,000,000, the Secretary shall award

grants to local educational agencies only to establish or expand

counseling programs in elementary schools.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5421, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1814.)

-CITE-

20 USC subpart 3 - partnerships in character education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 3 - partnerships in character education

.

-HEAD-

subpart 3 - partnerships in character education

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7115 of this title.

-CITE-

20 USC Sec. 7247 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 3 - partnerships in character education

-HEAD-

Sec. 7247. Partnerships in character education program

-STATUTE-

(a) Program authorized

(1) In general

The Secretary is authorized to award grants to eligible

entities for the design and implementation of character education

programs that -

(A) are able to be integrated into classroom instruction and

to be consistent with State academic content standards; and

(B) are able to be carried out in conjunction with other

educational reform efforts.

(2) Eligible entity

In this section, the term ''eligible entity'' means -

(A) a State educational agency in partnership with -

(i) one or more local educational agencies; or

(ii) one or more -

(I) local educational agencies; and

(II) nonprofit organizations or entities, including an

institution of higher education;

(B) a local educational agency or consortium of local

educational agencies; or

(C) a local educational agency in partnership with one or

more nonprofit organizations or entities, including an

institution of higher education.

(3) Duration

Each grant under this section shall be awarded for a period not

to exceed 5 years, of which the eligible entity may not use more

than 1 year for planning and program design.

(4) Amount of grants for State educational agencies

Subject to the availability of appropriations, the amount of a

grant made by the Secretary to a State educational agency under

this section shall not be less than $500,000 if the State

educational agency -

(A) is in a partnership described in paragraph (2)(A); and

(B) meets such requirements as the Secretary may establish

under this section.

(b) Contracts under program

(1) Evaluation

Each eligible entity awarded a grant under this section may

contract with outside sources, including institutions of higher

education and private and nonprofit organizations, for the

purposes of -

(A) evaluating the program for which the assistance is made

available;

(B) measuring the integration of such program into the

curriculum and teaching methods of schools where the program is

carried out; and

(C) measuring the success of such program in fostering the

elements of character selected by the recipient under

subsection (c) of this section.

(2) Materials and program development

Each eligible entity awarded a grant under this section may

contract with outside sources, including institutions of higher

education and private and nonprofit organizations, for assistance

in -

(A) developing secular curricula, materials, teacher

training, and other activities related to character education;

and

(B) integrating secular character education into the

curricula and teaching methods of schools where the program is

carried out.

(c) Elements of character

(1) Selection

(A) In general

Each eligible entity awarded a grant under this section may

select the elements of character that will be taught under the

program for which the grant was awarded.

(B) Consideration of views

In selecting elements of character under subparagraph (A),

the eligible entity shall consider the views of the parents of

the students to be taught under the program and the views of

the students.

(2) Example elements

Elements of character selected under this subsection may

include any of the following:

(A) Caring.

(B) Civic virtue and citizenship.

(C) Justice and fairness.

(D) Respect.

(E) Responsibility.

(F) Trustworthiness.

(G) Giving.

(H) Any other elements deemed appropriate by the eligible

entity.

(d) Use of funds by State educational agency recipients

Of the total funds received in any fiscal year under this section

by an eligible entity that is a State educational agency -

(1) not more than 3 percent of such funds may be used for

administrative purposes; and

(2) the remainder of such funds may be used for -

(A) collaborative initiatives with and between local

educational agencies and schools;

(B) the preparation or purchase of materials, and teacher

training;

(C) providing assistance to local educational agencies,

schools, or institutions of higher education; and

(D) technical assistance and evaluation.

(e) Application

(1) In general

Each eligible entity desiring a grant under this section shall

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

manner as the Secretary may require.

(2) Required information

Each application for a grant under this section shall include

(together with any other information that the Secretary may

require) information that -

(A) demonstrates that the program for which the grant is

sought has clear objectives that are based on scientifically

based research;

(B) describes any partnerships or collaborative efforts among

the organizations and entities of the eligible entity;

(C) describes the activities that will be carried out with

the grant funds and how such activities will meet the

objectives described in subparagraph (A), including -

(i) how parents, students, students with disabilities

(including those with mental or physical disabilities), and

other members of the community, including members of private

and nonprofit organizations, will be involved in the design

and implementation of the program and how the eligible entity

will work with the larger community to increase the reach and

promise of the program;

(ii) curriculum and instructional practices that will be

used or developed; and

(iii) methods of teacher training and parent education that

will be used or developed;

(D) describes how the program for which the grant is sought

will be linked to other efforts to improve academic

achievement, including -

(i) broader educational reforms that are being instituted

by the eligible entity or its partners; and

(ii) State academic content standards;

(E) in the case of an eligible entity that is a State

educational agency, describes how the State educational agency

-

(i) will provide technical and professional assistance to

its local educational agency partners in the development and

implementation of character education programs; and

(ii) will assist other interested local educational

agencies that are not members of the original partnership in

designing and establishing character education programs;

(F) describes how the eligible entity will evaluate the

success of its program -

(i) based on the objectives described in subparagraph (A);

and

(ii) in cooperation with any national evaluation conducted

pursuant to subsection (h)(2)(B)(iii) of this section; and

(G) assures that the eligible entity annually will provide to

the Secretary such information as may be required to determine

the effectiveness of the program.

(f) Selection of recipients

(1) Peer review

(A) In general

In selecting eligible entities to receive grants under this

section from among the applicants for such grants, the

Secretary shall use a peer review process that includes the

participation of experts in the field of character education

and development.

(B) Use of funds

The Secretary may use funds appropriated under this section

for the cost of carrying out peer reviews under this paragraph.

(2) Selection criteria

Each selection under paragraph (1) shall be made on the basis

of the quality of the application submitted, taking into

consideration such factors as -

(A) the extent to which the program fosters character in

students and the potential for improved student academic

achievement;

(B) the extent and ongoing nature of parental, student, and

community involvement;

(C) the quality of the plan for measuring and assessing

success; and

(D) the likelihood that the objectives of the program will be

achieved.

(3) Equitable distribution

In making selections under this subsection, the Secretary shall

ensure, to the extent practicable under paragraph (2), that the

programs assisted under this section are equitably distributed

among the geographic regions of the United States, and among

urban, suburban, and rural areas.

(g) Participation by private school children and teachers

Each eligible entity that receives a grant under this section

shall provide, to the extent feasible and appropriate, for the

participation in programs and activities under this section of

students and teachers in private elementary schools and secondary

schools.

(h) Evaluation and program development

(1) State and local reporting and evaluation

Each eligible entity receiving a grant under this section shall

submit to the Secretary a comprehensive evaluation of the program

assisted under this section, including its impact on students,

students with disabilities (including those with mental or

physical disabilities), teachers, administrators, parents, and

others -

(A) by the end of the second year of the program; and

(B) not later than 1 year after completion of the grant

period.

(2) National research, dissemination, and evaluation

(A) In general

(i) Authorization

The Secretary is authorized to award grants to, or enter

into contracts or cooperative agreements with, State

educational agencies or local educational agencies,

institutions of higher education, tribal organizations, or

other public or private agencies or organizations to carry

out research, development, dissemination, technical

assistance, and evaluation activities that support or inform

State and local character education programs.

(ii) Reservation of funds

The Secretary shall reserve not more than 5 percent of the

funds made available under this section to carry out this

paragraph.

(B) Uses

Funds made available under subparagraph (A) may be used for

the following:

(i) Conducting research and development activities that

focus on matters such as -

(I) the extent to which schools are undertaking character

education initiatives;

(II) the effectiveness of instructional models for all

students, including students with disabilities (including

those with mental or physical disabilities);

(III) materials and curricula for use by programs in

character education;

(IV) models of professional development in character

education;

(V) the development of measures of effectiveness for

character education programs (which may include the factors

described in paragraph (3)); and

(VI) the effectiveness of State and local programs

receiving funds under this section.

(ii) Providing technical assistance to State and local

programs, particularly on matters of program evaluation.

(iii) Conducting evaluations of State and local programs

receiving funding under this section, that may be conducted

through a national clearinghouse under clause (iv).

(iv) Compiling and disseminating, through a national

clearinghouse or other means -

(I) information on model character education programs;

(II) information about high quality character education

materials and curricula;

(III) research findings in the area of character

education and character development; and

(IV) any other information that will be useful to

character education program participants nationwide,

including educators, parents, and administrators.

(C) Partnerships

In carrying out national activities under this paragraph, the

Secretary may enter into partnerships with national nonprofit

character education organizations and institutions of higher

education with expertise and successful experience in

implementing -

(i) character education programs that had an effective

impact on schools, students, students with disabilities

(including those with mental or physical disabilities), and

teachers; or

(ii) character education program evaluation and research.

(D) Partnership for activities under subparagraph (B)(iv)

In carrying out national activities under subparagraph

(B)(iv), the Secretary may enter into a partnership with a

national nonprofit character education organization that will

disseminate information to educators, parents, administrators,

and others nationwide, including information about the range of

model character education programs, materials, and curricula.

(E) Report

Each entity awarded a grant or entering into a contract or

cooperative agreement under this paragraph shall submit an

annual report to the Secretary that -

(i) describes the entity's progress in carrying out

research, development, dissemination, evaluation, and

technical assistance under this paragraph;

(ii) identifies unmet and future information needs in the

field of character education; and

(iii) if applicable, describes the progress of the entity

in carrying out the requirements of subparagraph (B)(iv),

including a listing of -

(I) the number of requests for information received by

the entity in the course of carrying out such requirements;

(II) the types of organizations making such requests; and

(III) the types of information requested.

(3) Factors

Factors that may be considered in evaluating the success of

programs funded under this section include the following:

(A) Discipline issues.

(B) Student academic achievement.

(C) Participation in extracurricular activities.

(D) Parental and community involvement.

(E) Faculty and administration involvement.

(F) Student and staff morale.

(G) Overall improvements in school climate for all students,

including students with disabilities (including those with

mental or physical disabilities).

(i) Permissive match

(1) In general

The Secretary may require eligible entities to match funds

awarded under this section with non-Federal funds, except that

the amount of the match may not exceed the amount of the grant

award.

(2) Sliding scale

The amount of a match under paragraph (1) shall be established

based on a sliding scale that takes into account -

(A) the poverty of the population to be targeted by the

eligible entity; and

(B) the ability of the eligible entity to obtain funding for

the match.

(3) In-kind contributions

The Secretary shall permit eligible entities to match funds in

whole or in part with in-kind contributions.

(4) Consideration

Notwithstanding this subsection, the Secretary in making awards

under this section shall not consider the ability of an eligible

entity to match funds.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5431, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1817.)

-CITE-

20 USC subpart 4 - smaller learning communities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 4 - smaller learning communities

.

-HEAD-

subpart 4 - smaller learning communities

-CITE-

20 USC Sec. 7249 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 4 - smaller learning communities

-HEAD-

Sec. 7249. Smaller learning communities

-STATUTE-

(a) Grant authority

The Secretary is authorized to award grants to local educational

agencies to enable the agencies to create a smaller learning

community or communities.

(b) Application

Each local educational agency desiring a grant under this subpart

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

manner, and accompanied by such information as the Secretary may

require. The application shall include descriptions of the

following:

(1) Strategies and methods the local educational agency will

use to create the smaller learning community or communities.

(2) Curriculum and instructional practices, including any

particular themes or emphases, to be used in the smaller learning

environment.

(3) The extent of involvement of teachers and other school

personnel in investigating, designing, implementing, and

sustaining the smaller learning community or communities.

(4) The process to be used for involving students, parents, and

other stakeholders in the development and implementation of the

smaller learning community or communities.

(5) Any cooperation or collaboration among community agencies,

organizations, businesses, and others to develop or implement a

plan to create the smaller learning community or communities.

(6) The training and professional development activities that

will be offered to teachers and others involved in the activities

assisted under this subpart.

(7) The objectives of the activities assisted under this

subpart, including a description of how such activities will

better enable all students to reach challenging State academic

content standards and State student academic achievement

standards.

(8) The methods by which the local educational agency will

assess progress in meeting the objectives described in paragraph

(7).

(9) If the smaller learning community or communities exist as a

school-within-a-school, the relationship, including governance

and administration, of the smaller learning community to the

remainder of the school.

(10) The administrative and managerial relationship between the

local educational agency and the smaller learning community or

communities, including how such agency will demonstrate a

commitment to the continuity of the smaller learning community or

communities (including the continuity of student and teacher

assignment to a particular learning community).

(11) How the local educational agency will coordinate or use

funds provided under this subpart with other funds provided under

this chapter or other Federal laws.

(12) The grade levels or ages of students who will participate

in the smaller learning community or communities.

(13) The method of placing students in the smaller learning

community or communities, such that students are not placed

according to ability or any other measure, but are placed at

random or by their own choice, and not pursuant to testing or

other judgments.

(c) Authorized activities

Funds under this section may be used for one or more of the

following:

(1) To study -

(A) the feasibility of creating the smaller learning

community or communities; and

(B) effective and innovative organizational and instructional

strategies that will be used in the smaller learning community

or communities.

(2) To research, develop, and implement -

(A) strategies for creating the smaller learning community or

communities; and

(B) strategies for effective and innovative changes in

curriculum and instruction, geared to challenging State

academic content standards and State student academic

achievement standards.

(3) To provide professional development for school staff in

innovative teaching methods that -

(A) challenge and engage students; and

(B) will be used in the smaller learning community or

communities.

(4) To develop and implement strategies to include parents,

business representatives, local institutions of higher education,

community-based organizations, and other community members in the

smaller learning communities as facilitators of activities that

enable teachers to participate in professional development

activities and provide links between students and their

community.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5441, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1823.)

-CITE-

20 USC subpart 5 - reading is fundamental - inexpensive

book distribution program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 5 - reading is fundamental - inexpensive book distribution

program

.

-HEAD-

subpart 5 - reading is fundamental - inexpensive book distribution

program

-CITE-

20 USC Sec. 7251 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 5 - reading is fundamental - inexpensive book distribution

program

-HEAD-

Sec. 7251. Inexpensive book distribution program for reading

motivation

-STATUTE-

(a) Purpose

The purpose of this subpart is to establish and implement a model

partnership between a governmental entity and a private entity, to

help prepare young children for reading and to motivate older

children to read, through the distribution of inexpensive books.

Local reading motivation programs assisted under this section shall

use such assistance to provide books, training for volunteers,

motivational activities, and other essential literacy resources and

shall assign the highest priority to serving the youngest and

neediest children in the United States.

(b) Authorization

The Secretary is authorized to enter into a contract with Reading

Is Fundamental (RIF) (hereafter in this section referred to as the

''contractor'') to support and promote programs, which include the

distribution of inexpensive books to young and school-age children,

that motivate children to read.

(c) Requirements of contract

Any contract entered into under subsection (b) of this section

shall contain each of the following:

(1) A provision that the contractor will enter into

subcontracts with local private nonprofit groups or

organizations, or with public agencies, under which each

subcontractor will agree to establish, operate, and provide the

non-Federal share of the cost of reading motivation programs that

include the distribution of books, by gift (to the extent

feasible) or by loan, to children from birth through secondary

school age, including children in family literacy programs.

(2) A provision that funds made available to subcontractors

will be used only to pay the Federal share of the cost of such

programs.

(3) A provision that, in selecting subcontractors for initial

funding, the contractor will give priority to programs that will

serve a substantial number or percentage of children with special

needs, such as the following:

(A) Low-income children, particularly in high-poverty areas.

(B) Children at risk of school failure.

(C) Children with disabilities.

(D) Foster children.

(E) Homeless children.

(F) Migrant children.

ildren (FOOTNOTE 1) without access to libraries.

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

Children''.

(H) Institutionalized or incarcerated children.

(I) Children whose parents are institutionalized or

incarcerated.

(4) A provision that the contractor will provide such training

and technical assistance to subcontractors as may be necessary to

carry out the purpose of this subpart.

(5) A provision that the contractor will annually report to the

Secretary the number, and a description, of programs funded under

paragraph (3).

(6) Such other terms and conditions as the Secretary determines

to be appropriate to ensure the effectiveness of such programs.

(d) Restriction on payments

The Secretary shall make no payment of the Federal share of the

cost of acquiring and distributing books under any contract under

this section unless the Secretary determines that the contractor or

subcontractor, as the case may be, has made arrangements with book

publishers or distributors to obtain books at discounts at least as

favorable as discounts that are customarily given by such publisher

or distributor for book purchases made under similar circumstances

in the absence of Federal assistance.

(e) Special rules for certain subcontractors

(1) Funds from other Federal sources

Subcontractors operating programs under this section in

low-income communities with a substantial number or percentage of

children with special needs, as described in subsection (c)(3) of

this section, may use funds from other Federal sources to pay the

non-Federal share of the cost of the program, if those funds do

not comprise more than 50 percent of the non-Federal share of the

funds used for the cost of acquiring and distributing books.

(2) Waiver authority

Notwithstanding subsection (c) of this section, the contractor

may waive, in whole or in part, the requirement in subsection

(c)(1) of this section for a subcontractor, if the subcontractor

demonstrates that it would otherwise not be able to participate

in the program, and enters into an agreement with the contractor

with respect to the amount of the non-Federal share to which the

waiver will apply. In a case in which such a waiver is granted,

the requirement in subsection (c)(2) of this section shall not

apply.

(f) Multi-year contracts

The contractor may enter into a multi-year subcontract under this

section, if -

(1) the contractor believes that such subcontract will provide

the subcontractor with additional leverage in seeking local

commitments; and

(2) the subcontract does not undermine the finances of the

national program.

(g) Federal share defined

In this section, the term ''Federal share'' means, with respect

to the cost to a subcontractor of purchasing books to be paid for

under this section, 75 percent of such costs to the subcontractor,

except that the Federal share for programs serving children of

migrant or seasonal farmworkers shall be 100 percent of such costs

to the subcontractor.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5451, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1824.)

-CITE-

20 USC subpart 6 - gifted and talented students 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

.

-HEAD-

subpart 6 - gifted and talented students

-CITE-

20 USC Sec. 7253 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253. Short title

-STATUTE-

This subpart may be cited as the ''Jacob K. Javits Gifted and

Talented Students Education Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5461, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1826.)

-CITE-

20 USC Sec. 7253a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253a. Purpose

-STATUTE-

The purpose of this subpart is to initiate a coordinated program

of scientifically based research, demonstration projects,

innovative strategies, and similar activities designed to build and

enhance the ability of elementary schools and secondary schools

nationwide to meet the special educational needs of gifted and

talented students.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5462, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1826.)

-CITE-

20 USC Sec. 7253b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253b. Rule of construction

-STATUTE-

Nothing in this subpart shall be construed to prohibit a

recipient of funds under this subpart from serving gifted and

talented students simultaneously with students with similar

educational needs, in the same educational settings, where

appropriate.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5463, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1826.)

-CITE-

20 USC Sec. 7253c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253c. Authorized programs

-STATUTE-

(a) Establishment of program

(1) In general

The Secretary (after consultation with experts in the field of

the education of gifted and talented students) is authorized to

make grants to, or enter into contracts with, State educational

agencies, local educational agencies, institutions of higher

education, other public agencies, and other private agencies and

organizations (including Indian tribes and Indian organizations

(as such terms are defined in section 450b of title 25) and

Native Hawaiian organizations) to assist such agencies,

institutions, and organizations in carrying out programs or

projects authorized by this subpart that are designed to meet the

educational needs of gifted and talented students, including the

training of personnel in the education of gifted and talented

students and in the use, where appropriate, of gifted and

talented services, materials, and methods for all students.

(2) Application

Each entity seeking assistance 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. Each such application shall describe how -

(A) the proposed gifted and talented services, materials, and

methods can be adapted, if appropriate, for use by all

students; and

(B) the proposed programs can be evaluated.

(b) Use of funds

Programs and projects assisted under this section may include

each of the following:

(1) Conducting -

(A) scientifically based research on methods and techniques

for identifying and teaching gifted and talented students and

for using gifted and talented programs and methods to serve all

students; and

(B) program evaluations, surveys, and the collection,

analysis, and development of information needed to accomplish

the purpose of this subpart.

(2) Carrying out professional development (including

fellowships) for personnel (including leadership personnel)

involved in the education of gifted and talented students.

(3) Establishing and operating model projects and exemplary

programs for serving gifted and talented students, including

innovative methods for identifying and educating students who may

not be served by traditional gifted and talented programs (such

as summer programs, mentoring programs, service learning

programs, and cooperative programs involving business, industry,

and education).

(4) Implementing innovative strategies, such as cooperative

learning, peer tutoring, and service learning.

(5) Carrying out programs of technical assistance and

information dissemination, including assistance and information

with respect to how gifted and talented programs and methods,

where appropriate, may be adapted for use by all students.

(6) Making materials and services available through State

regional educational service centers, institutions of higher

education, or other entities.

(7) Providing funds for challenging, high-level course work,

disseminated through technologies (including distance learning),

for individual students or groups of students in schools and

local educational agencies that would not otherwise have the

resources to provide such course work.

(c) Special rule

To the extent that funds appropriated to carry out this subpart

for a fiscal year beginning with fiscal year 2002 exceed such funds

appropriated for fiscal year 2001, the Secretary shall use such

excess funds to award grants, on a competitive basis, to State

educational agencies, local educational agencies, or both, to

implement activities described in subsection (b) of this section.

(d) Center for research and development

(1) In general

The Secretary (after consultation with experts in the field of

the education of gifted and talented students) shall establish a

National Research Center for the Education of Gifted and Talented

Children and Youth through grants to, or contracts with, one or

more institutions of higher education or State educational

agencies, or a combination or consortium of such institutions and

agencies and other public or private agencies and organizations,

for the purpose of carrying out activities described in

subsection (b) of this section.

(2) Director

The National Center shall be headed by a Director. The

Secretary may authorize the Director to carry out such functions

of the National Center as may be agreed upon through arrangements

with institutions of higher education, State educational

agencies, local educational agencies, or other public or private

agencies and organizations.

(3) Funding

The Secretary may use not more than 30 percent of the funds

made available under this subpart for fiscal year 2001 to carry

out this subsection.

(e) Coordination

Scientifically based research activities supported under this

subpart -

(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 such Institute; and

(2) may include collaborative scientifically based research

activities which are jointly funded and carried out with such

Institute.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5464, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1826; amended Pub. L. 107-279,

title IV, Sec. 404(d)(5)(C), (6), Nov. 5, 2002, 116 Stat. 1986.)

-MISC1-

AMENDMENTS

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

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

Improvement'' and ''such Institute'' for ''such Office''.

Subsec. (e)(2). Pub. L. 107-279, Sec. 404(d)(6), substituted

''such Institute'' for ''such Office''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7253d of this title.

-CITE-

20 USC Sec. 7253d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253d. Program priorities

-STATUTE-

(a) General priority

In carrying out this subpart, the Secretary shall give highest

priority to programs and projects designed to develop new

information that -

(1) improves the capability of schools to plan, conduct, and

improve programs to identify and serve gifted and talented

students; and

(2) assists schools in the identification of, and provision of

services to, gifted and talented students (including economically

disadvantaged individuals, individuals with limited English

proficiency, and individuals with disabilities) who may not be

identified and served through traditional assessment methods.

(b) Service priority

The Secretary shall ensure that not less than 50 percent of the

applications approved under section 7253c(a)(2) of this title in a

fiscal year address the priority described in subsection (a)(2) of

this section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5465, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1828.)

-CITE-

20 USC Sec. 7253e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 6 - gifted and talented students

-HEAD-

Sec. 7253e. General provisions

-STATUTE-

(a) Participation of private school children and teachers

In making grants and entering into contracts under this subpart,

the Secretary shall ensure, where appropriate, that provision is

made for the equitable participation of students and teachers in

private nonprofit elementary schools and secondary schools,

including the participation of teachers and other personnel in

professional development programs serving such students.

(b) Review, dissemination, and evaluation

The Secretary shall -

(1) use a peer review process in reviewing applications under

this subpart;

(2) ensure that information on the activities and results of

programs and projects funded under this subpart is disseminated

to appropriate State educational agencies, local educational

agencies, and other appropriate organizations, including

nonprofit private organizations; and

(3) evaluate the effectiveness of programs under this subpart

in accordance with section 7941 of this title, in terms of the

impact on students traditionally served in separate gifted and

talented programs and on other students, and submit the results

of such evaluation to Congress not later than 2 years after

January 8, 2002.

(c) Program operations

The Secretary shall ensure that the programs under this subpart

are administered within the Department by a person who has

recognized professional qualifications and experience in the field

of the education of gifted and talented students and who shall -

(1) administer and coordinate the programs authorized under

this subpart;

(2) serve as a focal point of national leadership and

information on the educational needs of gifted and talented

students and the availability of educational services and

programs designed to meet such needs;

(3) assist the Assistant Secretary for Educational Research and

Improvement in identifying research priorities that reflect the

needs of gifted and talented students; and

(4) shall (FOOTNOTE 1) disseminate, and consult on, the

information developed under this subpart with other offices

within the Department.

(FOOTNOTE 1) So in original. The word ''shall'' probably should

not appear.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5466, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1828.)

-CITE-

20 USC subpart 7 - star schools program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

.

-HEAD-

subpart 7 - star schools program

-CITE-

20 USC Sec. 7255 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255. Short title

-STATUTE-

This subpart may be cited as the ''Star Schools Act''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5471, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1829.)

-MISC1-

PRIOR PROVISIONS

Provisions naming former part B (Sec. 6891 et seq.) of this

subchapter as the ''Star Schools Act'' were contained in section

6891 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7255a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255a. Purposes

-STATUTE-

The purposes of this subpart are the following:

(1) To encourage improved instruction in mathematics, science,

and foreign languages as well as other subjects (such as literacy

skills and vocational education).

(2) To serve underserved populations, including disadvantaged,

illiterate, limited English proficient populations, and

individuals with disabilities through a Star Schools program

under which grants are made to eligible telecommunication

partnerships to enable such partnerships -

(A) to develop, construct, acquire, maintain, and operate

telecommunications audio and visual facilities and equipment;

(B) to develop and acquire educational and instructional

programming; and

(C) to obtain technical assistance for the use of such

facilities and instructional programming.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5472, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1829.)

-CITE-

20 USC Sec. 7255b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255b. Grant program authorized

-STATUTE-

(a) Authorization

The Secretary, in conjunction with the Office of Educational

Technology, is authorized to make grants, in accordance with the

provisions of this subpart, to eligible entities to pay the Federal

share of the cost of the following:

(1) Development, construction, acquisition, maintenance, and

operation of telecommunications facilities and equipment.

(2) Development and acquisition of live, interactive

instructional programming.

(3) Development and acquisition of preservice and inservice

teacher training programs based on established research regarding

teacher-to-teacher mentoring, and ongoing, in-class instruction.

(4) Establishment of teleconferencing facilities and resources

for making interactive training available to teachers.

(5) Obtaining technical assistance.

(6) Coordination of the design and connectivity of

telecommunications networks to reach the greatest number of

schools.

(b) Duration and amount

(1) (FOOTNOTE 1) In general

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

A grant under this section may not exceed -

(A) 5 years in duration (subject to subsection (c) of this

section); and

(B) $10,000,000 in any single fiscal year.

(c) Renewal

(1) In general

Grants awarded under subsection (a) of this section may be

renewed for a single additional period of 3 years.

(2) Continuing eligibility

In order to be eligible to receive a grant renewal under this

subsection, a grant recipient shall demonstrate, to the

satisfaction of the Secretary, in an addendum to its application

submitted under section 7255c of this title, that the grant

recipient will -

(A) continue to provide services in the subject areas and

geographic areas assisted with funds received under this

subpart for the previous grant period; and

(B) use all grant funds received under this subpart for the 3

year renewal period to provide expanded services by -

(i) increasing the number of students, schools, or school

districts served by the courses of instruction assisted under

this part in the previous fiscal year;

(ii) providing new courses of instruction; and

(iii) serving new populations of underserved individuals,

such as children or adults who are disadvantaged, have

limited English proficiency, are individuals with

disabilities, are illiterate, or lack secondary school

diplomas or their recognized equivalent.

(3) Supplement, not supplant

Grant funds received under this subsection shall be used to

supplement, and not supplant, services provided by the grant

recipient under this subpart in the previous fiscal year.

(d) Reservations

(1) Instructional programming

At least 25 percent of the funds made available to the

Secretary for any fiscal year under this subpart shall be used

for the cost of instructional programming.

(2) Local educational agency assistance

At least 50 percent of the funds available in any fiscal year

under this subpart shall be used for the cost of facilities,

equipment, teacher training or retraining, technical assistance,

or programming, for local educational agencies that are eligible

to receive assistance under part A of subchapter I of this

chapter.

(e) Federal share

(1) Amount

The Federal share of the cost of projects funded under this

section shall not exceed the following amounts:

(A) 75 percent for the first and second years for which an

eligible telecommunications partnership receives a grant under

this subpart.

(B) 60 percent for the third and fourth such years.

(C) 50 percent for the fifth such year.

(2) Reduction or waiver

The Secretary may reduce or waive the corresponding non-Federal

share under paragraph (1) upon a showing of financial hardship.

(f) Required local educational agency participation

The Secretary is authorized to make a grant under this section to

any eligible entity, if at least one local educational agency is

participating in the proposed program.

(g) Assistance obtaining satellite time

The Secretary may assist recipients of grants made under this

section in acquiring satellite time, where appropriate, as

economically as possible.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5473, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1830.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7255c of this title.

-CITE-

20 USC Sec. 7255c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255c. Applications

-STATUTE-

(a) Submission

Each eligible entity that desires to receive a grant under

section 7255b of this title shall submit an application to the

Secretary, at such time, in such manner, and containing or

accompanied by such information as the Secretary may reasonably

require.

(b) Contents

An application submitted under subsection (a) of this section

shall include each of the following:

(1) A description of how the proposed program will assist all

students to have an opportunity to meet challenging State

academic achievement standards, how such program will assist

State and local educational reform efforts, and how such program

will contribute to creating a high-quality system of educational

development.

(2) A description of the telecommunications facilities and

equipment and technical assistance for which assistance is

sought, which may include -

(A) the design, development, construction, acquisition,

maintenance, and operation of State or multistate educational

telecommunications networks and technology resource centers;

(B) microwave, fiber optics, cable, and satellite

transmission equipment or any combination thereof;

(C) reception facilities;

(D) satellite time;

(E) production facilities;

(F) other telecommunications equipment capable of serving a

wide geographic area;

(G) the provision of training services to instructors who

will be using the facilities and equipment for which assistance

is sought, including training in using such facilities and

equipment and training in integrating programs into the

classroom curriculum; and

(H) the development of educational and related programming

for use on a telecommunications network.

(3) In the case of an application for assistance for

instructional programming, a description of the types of

programming that will be developed to enhance instruction and

training and provide an assurance that such programming will be

designed in consultation with professionals (including classroom

teachers) who are experts in the applicable subject matter and

grade level.

(4) A description of how the eligible entity has engaged in

sufficient survey and analysis of the area to be served to ensure

that the services offered by the eligible entity will increase

the availability of courses of instruction in English,

mathematics, science, foreign languages, arts, history,

geography, or other disciplines.

(5) A description of the professional development policies for

teachers and other school personnel to be implemented to ensure

the effective use of the telecommunications facilities and

equipment for which assistance is sought.

(6) A description of the manner in which historically

underserved students (such as students from low-income families,

limited English proficient students, students with disabilities,

or students who have low literacy skills) and their families,

will participate in the benefits of the telecommunications

facilities, equipment, technical assistance, and programming

assisted under this subpart.

(7) A description of how existing telecommunications equipment,

facilities, and services, where available, will be used.

(8) An assurance that the financial interest of the United

States in the telecommunications facilities and equipment will be

protected for the useful life of such facilities and equipment.

(9) An assurance that a significant portion of any facilities

and equipment, technical assistance, and programming for which

assistance is sought for elementary schools and secondary schools

will be made available to schools or local educational agencies

that have a high number or percentage of children eligible to be

counted under part A of subchapter I of this chapter.

(10) An assurance that the applicant will use the funds

provided under this subpart to supplement, and not supplant,

funds available for the purposes of this subpart.

(11) A description of how funds received under this subpart

will be coordinated with funds received for educational

technology in the classroom.

(12) A description of the activities or services for which

assistance is sought, such as -

(A) providing facilities, equipment, training services, and

technical assistance;

(B) making programs accessible to students with disabilities

through mechanisms such as closed captioning and descriptive

video services;

(C) linking networks around issues of national importance

(such as elections) or to provide information about employment

opportunities, job training, or student and other social

service programs;

(D) sharing curriculum resources between networks and

development of program guides which demonstrate cooperative,

cross-network listing of programs for specific curriculum

areas;

(E) providing teacher and student support services, including

classroom and training support materials which permit student

and teacher involvement in the live interactive distance

learning telecasts;

(F) incorporating community resources, such as libraries and

museums, into instructional programs;

(G) providing professional development for teachers,

including, as appropriate, training to early childhood

development and Head Start teachers and staff and vocational

education teachers and staff, and adult and family educators;

(H) providing programs for adults to maximize the use of

telecommunications facilities and equipment;

(I) providing teacher training on proposed or established

models of exemplary academic content standards in mathematics

and science and other disciplines as such standards are

developed; and

(J) providing parent education programs during and after the

regular school day which reinforce a student's course of study

and actively involve parents in the learning process.

(13) A description of how the proposed program as a whole will

be financed and how arrangements for future financing will be

developed before the program expires.

(14) An assurance that a significant portion of any facilities,

equipment, technical assistance, and programming for which

assistance is sought for elementary schools and secondary schools

will be made available to schools in local educational agencies

that have a high percentage of children counted for the purpose

of part A of subchapter I of this chapter.

(15) An assurance that the applicant will provide such

information and cooperate in any evaluation that the Secretary

may conduct under this subpart.

(16) Such additional assurances as the Secretary may reasonably

require.

(c) Approval

In approving applications submitted under subsection (a) of this

section for grants under section 7255b of this title, the Secretary

shall -

(1) to the extent feasible, ensure an equitable geographic

distribution of services provided under this subpart.

(2) give priority to applications describing programs that -

(A) propose high-quality plans, will provide instruction

consistent with State academic content standards, or will

otherwise provide significant and specific assistance to States

and local educational agencies undertaking systemic education

reform;

(B) will provide services to programs serving adults,

especially parents, with low levels of literacy;

(C) will serve schools with significant numbers of children

counted for the purposes of part A of subchapter I of this

chapter;

(D) ensure that the eligible entity will -

(i) serve the broadest range of institutions, programs

providing instruction outside of the school setting, programs

serving adults, especially parents, with low levels of

literacy, institutions of higher education, teacher training

centers, research institutes, and private industry;

(ii) have substantial academic and teaching capabilities,

including the capability of training, retraining, and

inservice upgrading of teaching skills and the capability to

provide professional development;

(iii) provide a comprehensive range of courses for

educators to teach instructional strategies for students with

different skill levels;

(iv) provide training to participating educators in ways to

integrate telecommunications courses into existing school

curriculum;

(v) provide instruction for students, teachers, and

parents;

(vi) serve a multistate area; and

(vii) give priority to the provision of equipment and

linkages to isolated areas; and

(E) involve a telecommunications entity (such as a satellite,

cable, telephone, computer, or public or private television

stations) participating in the eligible entity and donating

equipment or in-kind services for telecommunications linkages.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5474, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1831.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7255b of this title.

-CITE-

20 USC Sec. 7255d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255d. Other grant assistance

-STATUTE-

(a) Special statewide network

(1) In general

The Secretary, in conjunction with the Office of Educational

Technology, may provide assistance to a statewide

telecommunications network if such network -

(A) provides 2-way full-motion interactive video and audio

communications;

(B) links together public colleges and universities and

secondary schools throughout the State; and

(C) meets any other requirements determined appropriate by

the Secretary.

(2) Matching contribution

A statewide telecommunications network assisted under paragraph

(1) shall contribute, either directly or through private

contributions, non-Federal funds equal to not less than 50

percent of the cost of such network.

(b) Special local network

(1) In general

The Secretary is authorized to provide assistance, on a

competitive basis, to a local educational agency, or a consortium

of such agencies, to enable such agency or consortium to

establish a high-technology demonstration program.

(2) Program requirements

A high-technology demonstration program assisted under

paragraph (1) shall -

(A) include 2-way full-motion interactive video, audio, and

text communications;

(B) link together elementary schools and secondary schools,

colleges, and universities;

(C) provide parent participation and family programs;

(D) include a staff development program; and

(E) have a significant contribution and participation from

business and industry.

(3) Matching requirement

A local educational agency or consortium receiving a grant

under paragraph (1) shall provide, either directly or through

private contributions, non-Federal matching funds equal to not

less than 50 percent of the amount of the grant.

(c) Telecommunications programs for continuing education

(1) Authority

The Secretary is authorized to award grants, on a competitive

basis, to eligible entities to develop and operate one or more

programs that provide online access to educational resources in

support of continuing education and curriculum requirements

relevant to achieving a secondary school diploma or its

recognized equivalent. The program authorized by this subsection

shall be designed to advance adult literacy, secondary school

completion, and the acquisition of specified competency by the

end of the 12th grade.

(2) Applications

Each eligible entity desiring a grant under this subsection

shall submit an application to the Secretary. The application

shall include each of the following:

(A) A demonstration that the applicant will use publicly

funded or free public telecommunications infrastructure to

deliver video, voice, and data in an integrated service to

support and assist in the acquisition of a secondary school

diploma or its recognized equivalent.

(B) An assurance that the content of the materials to be

delivered is consistent with the accreditation requirements of

the State for which such materials are used.

(C) To the extent feasible, materials developed in the

Federal departments and agencies and under appropriate

federally funded programs.

(D) An assurance that the applicant has the technological and

substantive experience to carry out the program.

(E) Such additional assurances as the Secretary may

reasonably require.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5475, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1834.)

-CITE-

20 USC Sec. 7255e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255e. Administrative provisions

-STATUTE-

(a) Leadership, evaluation, and peer review

(1) Reservation of funds

The Secretary may reserve not more than 5 percent of the amount

made available to carry out this subpart for a fiscal year for

national leadership, evaluation, and peer review activities,

which the Secretary may carry out directly or through grants,

contracts, and cooperative agreements.

(2) Leadership

Funds reserved for leadership activities under paragraph (1)

may be used for -

(A) disseminating information, including lists and

descriptions of services available from grant recipients under

this subpart; and

(B) other activities designed to enhance the quality of

distance learning activities nationwide.

(3) Evaluation

Funds reserved for evaluation activities under paragraph (1)

may be used to conduct independent evaluations of the activities

assisted under this subpart and of distance learning in general,

including -

(A) analyses of distance learning efforts (including such

efforts that are, or are not, assisted under this subpart); and

(B) comparisons of the effects (including student outcomes)

of different technologies in distance learning efforts.

(4) Peer review

Funds reserved for peer review activities under paragraph (1)

may be used for peer review of -

(A) applications for grants under this subpart; and

(B) activities assisted under this subpart.

(b) Coordination

The Department, the National Science Foundation, the Department

of Agriculture, the Department of Commerce, and any other Federal

department or agency operating a telecommunications network for

educational purposes, shall coordinate the activities assisted

under this subpart with the activities of such department or agency

relating to a telecommunications network for educational purposes.

(c) Funds from other agencies

The Secretary may accept funds from other Federal departments or

agencies to carry out the purposes of this subpart, including funds

for the purchase of equipment.

(d) Availability of funds

Funds made available to carry out this subpart shall remain

available until expended.

(e) Closed captioning and descriptive video

The Secretary shall encourage each entity receiving funds under

this subpart to provide -

(1) closed captioning of the verbal content of the entity's

programming, as appropriate; and

(2) descriptive video of the visual content of the entity's

programming, as appropriate.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5476, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1835.)

-CITE-

20 USC Sec. 7255f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 7 - star schools program

-HEAD-

Sec. 7255f. Definitions

-STATUTE-

In this subpart:

(1) Educational institution

The term ''educational institution'' means an institution of

higher education, a local educational agency, or a State

educational agency.

(2) Eligible entity

The term ''eligible entity'' includes any of the following that

is organized on a Statewide or multistate basis:

(A) A public agency or corporation established for the

purpose of developing and operating telecommunications networks

to enhance educational opportunities provided by educational

institutions, teacher training centers, and other entities,

except that any such agency or corporation shall represent the

interests of elementary schools and secondary schools that are

eligible to participate in the program under part A of

subchapter I of this chapter.

(B) A partnership that will provide telecommunications

services and that includes three or more of the following

entities, at least one of which shall be an agency described in

clause (i) or (ii):

(i) A local educational agency that serves a significant

number of elementary schools and secondary schools that are

eligible for assistance under part A of subchapter I of this

chapter, or elementary schools and secondary schools operated

or funded for Indian children by the Department of the

Interior eligible under section 6331(d)(1)(A) of this title.

(ii) A State educational agency.

(iii) An adult and family education program.

(iv) An institution of higher education or a State higher

education agency (as that term is defined in section 1003 of

this title).

(v) A teacher training center or academy that -

(I) provides teacher preservice and inservice training;

and

(II) receives Federal financial assistance or has been

approved by a State agency;

(vi)(I) A public or private entity with experience and

expertise in the planning and operation of a

telecommunications network, including entities involved in

telecommunications through satellite, cable, telephone, or

computer; or

(II) a public broadcasting entity with such experience.

(vii) A public or private elementary school or secondary

school.

(3) Instructional programming

The term ''instructional programming'' means courses of

instruction and training courses for elementary and secondary

students, teachers, and others, and materials for use in such

instruction and training that have been prepared in audio and

visual form on tape, disc, film, or live, and presented by means

of telecommunications devices.

(4) Public broadcasting entity

The term ''public broadcasting entity'' has the same meaning

given such term in section 397 of title 47.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5477, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1836.)

-CITE-

20 USC subpart 8 - ready to teach 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

.

-HEAD-

subpart 8 - ready to teach

-CITE-

20 USC Sec. 7257 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

-HEAD-

Sec. 7257. Grants

-STATUTE-

(a) In general

The Secretary is authorized to award grants to a nonprofit

telecommunications entity, or partnership of such entities, for the

purpose of carrying out a national telecommunications-based program

to improve teaching in core curriculum areas. The program shall be

designed to assist elementary school and secondary school teachers

in preparing all students to achieve challenging State academic

content and student academic achievement standards in core

curriculum areas.

(b) Digital educational programming

The Secretary is authorized to award grants, as provided for in

section 7257c of this title, to eligible entities described in

subsection (b) of such section, to enable such entities to develop,

produce, and distribute innovative educational and instructional

video programming that is designed for use by elementary schools

and secondary schools and based on challenging State academic

content and student academic achievement standards. In awarding

such grants, the Secretary shall ensure that eligible entities

enter into multiyear content development collaborative arrangements

with State educational agencies, local educational agencies,

institutions of higher education, businesses, or other agencies or

organizations.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5481, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1837.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7257a, 7257b, 7257c of

this title.

-CITE-

20 USC Sec. 7257a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

-HEAD-

Sec. 7257a. Application required

-STATUTE-

(a) General application

(1) In general

To be eligible to receive a grant under section 7257(a) of this

title, a nonprofit telecommunications entity, or partnership of

such entities shall submit an application to the Secretary. Each

such application shall -

(A) demonstrate that the applicant will use the public

broadcasting infrastructure, the Internet, and school digital

networks, where available, to deliver video and data in an

integrated service to train teachers in the use of materials

and learning technologies for achieving challenging State

academic content and student academic achievement standards;

(B) ensure that the project for which assistance is sought

will be conducted in cooperation with appropriate State

educational agencies, local educational agencies, and State or

local nonprofit public telecommunications entities;

(C) ensure that a significant portion of the benefits

available for elementary schools and secondary schools from the

project for which assistance is sought will be available to

schools of local educational agencies that have a high

percentage of children counted for the purpose of part A of

subchapter I of this chapter; and

(D) contain such additional assurances as the Secretary may

reasonably require.

(2) Sites

In approving applications under paragraph (1), the Secretary

shall ensure that the program authorized by section 7257(a) of

this title is conducted at elementary school and secondary school

sites throughout the United States.

(b) Programming application

To be eligible to receive a grant under section 7257(b) of this

title, an entity shall submit an application to the Secretary at

such time, in such manner, and accompanied by such information as

the Secretary may reasonably require.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5482, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1838.)

-CITE-

20 USC Sec. 7257b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

-HEAD-

Sec. 7257b. Reports and evaluation

-STATUTE-

An entity receiving a grant under section 7257(a) of this title

shall prepare and submit to the Secretary an annual report that

contains such information as the Secretary may require. At a

minimum, such report shall describe the program activities

undertaken with funds received under the grant, including -

(1) the core curriculum areas for which program activities have

been undertaken and the number of teachers using the program in

each core curriculum area; and

(2) the States in which teachers using the program are located.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5483, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1838.)

-CITE-

20 USC Sec. 7257c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

-HEAD-

Sec. 7257c. Digital educational programming grants

-STATUTE-

(a) Grants

The Secretary is authorized to award grants under section 7257(b)

of this title to eligible entities to facilitate the development of

educational programming that shall -

(1) include student assessment tools to provide feedback on

student academic achievement;

(2) include built-in teacher utilization and support components

to ensure that teachers understand and can easily use the content

of the programming with group instruction or for individual

student use;

(3) be created for, or adaptable to, challenging State academic

content standards and student academic achievement standards; and

(4) be capable of distribution through digital broadcasting and

school digital networks.

(b) Eligible entities

To be eligible to receive a grant under section 7257(b) of this

title, an entity shall be a local public telecommunications entity,

as defined in section 397(12) of title 47, that is able to

demonstrate a capacity for the development and distribution of

educational and instructional television programming of high

quality.

(c) Competitive basis

Grants under section 7257(b) of this title shall be awarded on a

competitive basis as determined by the Secretary.

(d) Matching requirement

To be eligible to receive a grant under section 7257(b) of this

title, an entity shall contribute to the activities assisted under

such grant non-Federal matching funds in an amount equal to not

less than 100 percent of the amount of the grant. Such matching

funds may include funds provided for the transition to digital

broadcasting, as well as in-kind contributions.

(e) Duration

A grant under section 7257(b) of this title shall be awarded for

a period of 3 years in order to provide a sufficient period of time

for the creation of a substantial body of significant content.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5484, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1838.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7257 of this title.

-CITE-

20 USC Sec. 7257d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 8 - ready to teach

-HEAD-

Sec. 7257d. Administrative costs

-STATUTE-

An entity that receives a grant under this subpart may not use

more than 5 percent of the amount received under the grant for

administrative costs.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5485, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1839.)

-CITE-

20 USC subpart 9 - foreign language assistance program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 9 - foreign language assistance program

.

-HEAD-

subpart 9 - foreign language assistance program

-CITE-

20 USC Sec. 7259 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 9 - foreign language assistance program

-HEAD-

Sec. 7259. Short title

-STATUTE-

This subpart may be cited as the ''Foreign Language Assistance

Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5491, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1839.)

-CITE-

20 USC Sec. 7259a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 9 - foreign language assistance program

-HEAD-

Sec. 7259a. Program authorized

-STATUTE-

(a) Program authority

(1) In general

The Secretary is authorized to make grants, on a competitive

basis, to State educational agencies or local educational

agencies to pay the Federal share of the cost of innovative model

programs providing for the establishment, improvement, or

expansion of foreign language study for elementary school and

secondary school students.

(2) Duration

Each grant under paragraph (1) shall be awarded for a period of

3 years.

(b) Requirements

(1) Grants to State educational agencies

In awarding a grant under subsection (a) of this section to a

State educational agency, the Secretary shall support programs

that promote systemic approaches to improving foreign language

learning in the State.

(2) Grants to local educational agencies

In awarding a grant under subsection (a) of this section to a

local educational agency, the Secretary shall support programs

that -

(A) show the promise of being continued beyond the grant

period;

(B) demonstrate approaches that can be disseminated and

duplicated in other local educational agencies; and

(C) may include a professional development component.

(c) Federal share

(1) In general

The Federal share for each fiscal year shall be 50 percent.

(2) Waiver

Notwithstanding paragraph (1), the Secretary may determine the

Federal share for any local educational agency which the

Secretary determines does not have adequate resources to pay the

non-Federal share of the cost of the activities assisted under

this subpart.

(d) Special rule

Not less than 3/4 of the funds made available under section 7241

of this title to carry out this subpart shall be used for the

expansion of foreign language learning in the elementary grades.

(e) Reservation

The Secretary may reserve not more than 5 percent of funds made

available under section 7241 of this title to carry out this

subpart for a fiscal year to evaluate the efficacy of programs

assisted under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5492, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1839.)

-CITE-

20 USC Sec. 7259b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 9 - foreign language assistance program

-HEAD-

Sec. 7259b. Applications

-STATUTE-

(a) In general

Any State educational agency or local educational agency desiring

a grant under this subpart shall submit an application to the

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

information and assurances as the Secretary may require.

(b) Special consideration

The Secretary shall give special consideration to applications

describing programs that -

(1) include intensive summer foreign language programs for

professional development;

(2) link nonnative English speakers in the community with the

schools in order to promote two-way language learning;

(3) promote the sequential study of a foreign language for

students, beginning in elementary schools;

(4) make effective use of technology, such as computer-assisted

instruction, language laboratories, or distance learning, to

promote foreign language study;

(5) promote innovative activities, such as foreign language

immersion, partial foreign language immersion, or content-based

instruction; and

(6) are carried out through a consortium comprised of the

agency receiving the grant and an elementary school or secondary

school.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5493, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1840.)

-CITE-

20 USC Sec. 7259c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 9 - foreign language assistance program

-HEAD-

Sec. 7259c. Elementary school foreign language incentive program

-STATUTE-

(a) Incentive payments

From amounts made available under section 7241 of this title to

carry out this subpart, the Secretary shall make an incentive

payment for each fiscal year to each public elementary school that

provides to students attending such school a program designed to

lead to communicative competency in a foreign language.

(b) Amount

The Secretary shall determine the amount of the incentive payment

under subsection (a) of this section for each public elementary

school for each fiscal year on the basis of the number of students

participating in a program described in such subsection at such

school for such year compared to the total number of such students

at all such schools in the United States for such year.

(c) Requirement

The Secretary shall consider a program to be designed to lead to

communicative competency in a foreign language if such program is

comparable to a program that provides not less than 45 minutes of

instruction in a foreign language for not fewer than 4 days per

week throughout an academic year.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5494, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1840.)

-CITE-

20 USC subpart 10 - physical education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

.

-HEAD-

subpart 10 - physical education

-CITE-

20 USC Sec. 7261 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261. Short title

-STATUTE-

This subpart may be cited as the ''Carol M. White Physical

Education Program''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5501, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1841.)

-MISC1-

PRIOR PROVISIONS

A prior section 7261, Pub. L. 89-10, title V, Sec. 5301, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3701,

set forth short title of the School Dropout Assistance Act, prior

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

-CITE-

20 USC Sec. 7261a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261a. Purpose

-STATUTE-

The purpose of this subpart is to award grants and contracts to

initiate, expand, and improve physical education programs for all

kindergarten through 12th-grade students.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5502, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1841.)

-CITE-

20 USC Sec. 7261b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261b. Program authorized

-STATUTE-

(a) Authorization

The Secretary is authorized to award grants to local educational

agencies and community-based organizations (such as Boys and Girls

Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian

Organization (YMCA) and Young Women's Christian Organization

(YWCA)) to pay the Federal share of the costs of initiating,

expanding, and improving physical education programs (including

after-school programs) for kindergarten through 12th-grade students

by -

(1) providing equipment and support to enable students to

participate actively in physical education activities; and

(2) providing funds for staff and teacher training and

education.

(b) Program elements

A physical education program funded under this subpart may

provide for one or more of the following:

(1) Fitness education and assessment to help students

understand, improve, or maintain their physical well-being.

(2) Instruction in a variety of motor skills and physical

activities designed to enhance the physical, mental, and social

or emotional development of every student.

(3) Development of, and instruction in, cognitive concepts

about motor skill and physical fitness that support a lifelong

healthy lifestyle.

(4) Opportunities to develop positive social and cooperative

skills through physical activity participation.

(5) Instruction in healthy eating habits and good nutrition.

(6) Opportunities for professional development for teachers of

physical education to stay abreast of the latest research,

issues, and trends in the field of physical education.

(c) Special rule

For the purpose of this subpart, extracurricular activities, such

as team sports and Reserve Officers' Training Corps (ROTC) program

activities, shall not be considered as part of the curriculum of a

physical education program assisted under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5503, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1841.)

-CITE-

20 USC Sec. 7261c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261c. Applications

-STATUTE-

(a) Submission

Each local educational agency or community-based organization

desiring a grant or contract under this subpart shall submit to the

Secretary an application that contains a plan to initiate, expand,

or improve physical education programs in order to make progress

toward meeting State standards for physical education.

(b) Private school and home-schooled students

An application for funds under this subpart may provide for the

participation, in the activities funded under this subpart, of -

(1) students enrolled in private nonprofit elementary schools

or secondary schools, and their parents and teachers; or

(2) home-schooled students, and their parents and teachers.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5504, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1841.)

-CITE-

20 USC Sec. 7261d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261d. Requirements

-STATUTE-

(a) Annual report to the Secretary

In order to continue receiving funding after the first year of a

multiyear grant or contract under this subpart, the administrator

of the grant or contract for the local educational agency or

community-based organization shall submit to the Secretary an

annual report that -

(1) describes the activities conducted during the preceding

year; and

(2) demonstrates that progress has been made toward meeting

State standards for physical education.

(b) Administrative expenses

Not more than 5 percent of the grant funds made available to a

local educational agency or community-based organization under this

subpart for any fiscal year may be used for administrative

expenses.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5505, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1842.)

-CITE-

20 USC Sec. 7261e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261e. Administrative provisions

-STATUTE-

(a) Federal share

The Federal share under this subpart may not exceed -

(1) 90 percent of the total cost of a program for the first

year for which the program receives assistance under this

subpart; and

(2) 75 percent of such cost for the second and each subsequent

such year.

(b) Proportionality

To the extent practicable, the Secretary shall ensure that grants

awarded under this subpart shall be equitably distributed among

local educational agencies and community-based organizations

serving urban and rural areas.

(c) Report to Congress

Not later than June 1, 2003, the Secretary shall submit a report

to Congress that -

(1) describes the programs assisted under this subpart;

(2) documents the success of such programs in improving

physical fitness; and

(3) makes such recommendations as the Secretary determines

appropriate for the continuation and improvement of the programs

assisted under this subpart.

(d) Availability of funds

Amounts made available to the Secretary to carry out this subpart

shall remain available until expended.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5506, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1842.)

-CITE-

20 USC Sec. 7261f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 10 - physical education

-HEAD-

Sec. 7261f. Supplement, not supplant

-STATUTE-

Funds made available under this subpart shall be used to

supplement, and not supplant, any other Federal, State, or local

funds available for physical education activities.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5507, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1842.)

-MISC1-

PRIOR PROVISIONS

Prior section 7262, Pub. L. 89-10, title V, Sec. 5302, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3701,

which set forth purpose of the School Dropout Assistance Act, was

omitted in the general amendment of this subchapter by Pub. L.

107-110.

-CITE-

20 USC subpart 11 - community technology centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 11 - community technology centers

.

-HEAD-

subpart 11 - community technology centers

-CITE-

20 USC Sec. 7263 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 11 - community technology centers

-HEAD-

Sec. 7263. Purpose and program authorization

-STATUTE-

(a) Purpose

It is the purpose of this subpart to assist eligible applicants -

(1) to create or expand community technology centers that will

provide disadvantaged residents of economically distressed urban

and rural communities with access to information technology and

related training; and

(2) to provide technical assistance and support to community

technology centers.

(b) Program authorization

The Secretary is authorized, in conjunction with the Office of

Educational Technology, to award grants, contracts, or cooperative

agreements, on a competitive basis, for a period of not more than 3

years, to eligible applicants in order to assist such applicants in

-

(1) creating or expanding community technology centers; or

(2) providing technical assistance and support to community

technology centers.

(3) Service of Americorps participants. - The Secretary may

collaborate with the Chief Executive Officer of the Corporation

for National and Community Service on the use in community

technology centers of participants in National Service programs

carried out under subtitle C of title I of the National and

Community Service Act of 1990 (42 U.S.C. 12571 et seq.).

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5511, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1843.)

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec. (b)(3), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended. Subtitle C of title I of the Act is classified

generally to division C (Sec. 12571 et seq.) of subchapter I of

chapter 129 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 12501 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 7263, Pub. L. 89-10, title V, Sec. 5303, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3701,

related to grants to local educational agencies, prior to the

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

section 6561a of this title.

-CITE-

20 USC Sec. 7263a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 11 - community technology centers

-HEAD-

Sec. 7263a. Eligibility and application requirements

-STATUTE-

(a) Eligible applicants

In order to be eligible to receive an award under this subpart,

an applicant shall -

(1) be an entity (such as a foundation, museum, library,

for-profit business, public or private nonprofit organization, or

community-based organization), an institution of higher

education, a State educational agency, a local education agency,

or a consortium of such entities, institutions, or agencies; and

(2) have the capacity to significantly expand access to

computers and related services for disadvantaged residents of

economically distressed urban and rural communities (who would

otherwise be denied such access).

(b) Application requirements

In order to receive an award under this subpart, an eligible

applicant shall submit an application to the Secretary at such

time, and containing such information, as the Secretary may

require. The application shall include each of the following:

(1) A description of the proposed project, including a

description of the magnitude of the need for the services and how

the project would expand access to information technology and

related services to disadvantaged residents of an economically

distressed urban or rural community.

(2) A demonstration of -

(A) the commitment, including the financial commitment, of

entities (such as institutions, organizations, business and

other groups in the community) that will provide support for

the creation, expansion, and continuation of the proposed

project; and

(B) the extent to which the proposed project coordinates with

other appropriate agencies, efforts, and organizations

providing services to disadvantaged residents of an

economically distressed urban or rural community.

(3) A description of how the proposed project would be

sustained once the Federal funds awarded under this subpart end.

(4) A plan for the evaluation of the program, which shall

include benchmarks to monitor progress toward specific project

objectives.

(c) Matching requirements

The Federal share of the cost of any project funded under this

subpart shall not exceed 50 percent. The non-Federal share of such

project may be in cash or in kind, fairly evaluated, including

services.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5512, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1843.)

-CITE-

20 USC Sec. 7263b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 11 - community technology centers

-HEAD-

Sec. 7263b. Uses of funds

-STATUTE-

(a) Required uses

A recipient shall use funds under this subpart for -

(1) creating or expanding community technology centers that

expand access to information technology and related training for

disadvantaged residents of distressed urban or rural communities;

and

(2) evaluating the effectiveness of the project.

(b) Permissible uses

A recipient may use funds under this subpart for activities,

described in its application, that carry out the purposes of this

subpart, such as -

(1) supporting a center coordinator, and staff, to supervise

instruction and build community partnerships;

(2) acquiring equipment, networking capabilities, and

infrastructure to carry out the project; and

(3) developing and providing services and activities for

community residents that provide access to computers, information

technology, and the use of such technology in support of

preschool preparation, academic achievement, educational

development, and workforce development, such as the following:

(A) After-school activities in which children and youths use

software that provides academic enrichment and assistance with

homework, develop their technical skills, explore the Internet,

and participate in multimedia activities, including web page

design and creation.

(B) Adult education and family literacy activities through

technology and the Internet, including -

(i) General Education Development, Language Instruction

Educational Programs, and adult basic education classes or

programs;

(ii) introduction to computers;

(iii) intergenerational activities; and

(iv) educational development opportunities.

(C) Career development and job preparation activities, such

as -

(i) training in basic and advanced computer skills;

(ii) resume writing workshops; and

(iii) access to databases of employment opportunities,

career information, and other online materials.

(D) Small business activities, such as -

(i) computer-based training for basic entrepreneurial

skills and electronic commerce; and

(ii) access to information on business start-up programs

that is available online, or from other sources.

(E) Activities that provide home access to computers and

technology, such as assistance and services to promote the

acquisition, installation, and use of information technology in

the home through low-cost solutions such as networked

computers, web-based television devices, and other technology.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5513, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1844.)

-MISC1-

PRIOR PROVISIONS

A prior section 7264, Pub. L. 89-10, title V, Sec. 5404 (5304),

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

Stat. 3703, which related to application for school dropout

assistance, was omitted in the general amendment of this subchapter

by Pub. L. 107-110. See section 6561b of this title.

-CITE-

20 USC subpart 12 - educational, cultural,

apprenticeship, and exchange programs for

alaska natives, native hawaiians, and their

historical whaling and tradi 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

.

-HEAD-

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their historical

whaling and trading partners in massachusetts

-CITE-

20 USC Sec. 7265 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265. Short title

-STATUTE-

This subpart may be cited as the ''Alaska Native and Native

Hawaiian Education Through Cultural and Historical Organizations

Act''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5521, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1845.)

-MISC1-

PRIOR PROVISIONS

A prior section 7265, Pub. L. 89-10, title V, Sec. 5305, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3704,

related to use of grants for dropout prevention activities, prior

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

section 6555 of this title.

-CITE-

20 USC Sec. 7265a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265a. Findings and purposes

-STATUTE-

(a) Findings

Congress finds the following:

(1) Alaska Natives and Native Hawaiians have been linked for

over 200 years to the coastal towns of Salem, Massachusetts, and

New Bedford, Massachusetts, through the China trade from Salem

and whaling voyages from New Bedford.

(2) Nineteenth-century trading ships sailed from Salem,

Massachusetts, around Cape Horn of South America, and up the

Northwest coast of the United States to Alaska, where their crews

traded with Alaska Native people for furs, and then went on to

Hawaii to trade for sandalwood with Native Hawaiians before going

on to China.

(3) During the 19th century, over 2,000 whaling voyages sailed

out of New Bedford, Massachusetts to the Arctic region of Alaska,

and joined Alaska Natives from Barrow, Alaska and other areas in

the Arctic region in subsistence whaling activities.

(4) Many New Bedford whaling voyages continued on to Hawaii,

where they joined Native Hawaiians from the neighboring islands.

(5) From those commercial and whaling voyages, a rich cultural

exchange and strong trading relationships developed among the

three peoples involved.

(6) In the past decades, awareness of the historical trading,

cultural, and whaling links has faded among Alaska Natives,

Native Hawaiians, and the people of the continental United

States.

(7) In 2000, the Alaska Native Heritage Center in Alaska, the

Bishop Museum in Hawaii, and the Peabody-Essex Museum in

Massachusetts initiated the New Trade Winds project to use

21st-century technology, including the Internet, to educate

students and their parents about historic and contemporary

cultural and trading ties that continue to link the diverse

cultures of the peoples involved.

(8) The New Bedford Whaling Museum, in partnership with the New

Bedford Whaling National Historical Park, has developed a

cultural exchange and educational program with the Inupiat

Heritage Center in Barrow, Alaska to bring together the children,

parents, and elders from the Arctic region of Alaska with

children and families of Massachusetts to learn about their

historical ties and about each other's contemporary cultures.

(9) Within the fast-growing cultural sector, meaningful

educational and career opportunities based on traditional

relationships exist for Alaska Natives, Native Hawaiians, and

low-income youth in Massachusetts.

(10) Cultural institutions can provide practical, culturally

relevant, education-related internship and apprentice programs,

such as the Museum Action Corps at the Peabody-Essex Museum and

similar programs at the New Bedford Oceanarium and other

institutions, to prepare youths and their families for careers in

the cultural sector.

(11) The resources of the institutions described in paragraphs

(7) and (8) provide unique opportunities for illustrating and

interpreting the contributions of Alaska Natives, Native

Hawaiians, the whaling industry, and the China trade to the

economic, social, and environmental history of the United States,

for educating students and their parents, and for providing

opportunities for internships and apprenticeships leading to

careers with cultural institutions.

(b) Purposes

The purposes of this subpart are the following:

(1) To authorize and develop innovative culturally-based

educational programs and cultural exchanges to assist Alaska

Natives, Native Hawaiians, and children and families of

Massachusetts linked by history and tradition to Alaska and

Hawaii to learn about shared culture and traditions.

(2) To authorize and develop internship and apprentice programs

to assist Alaska Natives, Native Hawaiians, and children and

families of Massachusetts linked by history and tradition with

Alaska and Hawaii to prepare for careers with cultural

institutions.

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

education to further the objectives of this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5522, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1845.)

-CITE-

20 USC Sec. 7265b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265b. Program authorization

-STATUTE-

(a) Grants and contracts

In order to carry out programs that fulfill the purposes of this

subpart, the Secretary is authorized to make grants to, or enter

into contracts with, the following:

(1) The Alaska Native Heritage Center in Anchorage, Alaska.

(2) The Inupiat Heritage Center in Barrow, Alaska.

(3) The Bishop Museum in Hawaii.

(4) The Peabody-Essex Museum in Salem, Massachusetts.

(5) The New Bedford Whaling Museum and the New Bedford

Oceanarium in New Bedford, Massachusetts.

(6) Other Alaska Native and Native Hawaiian cultural and

educational organizations.

(7) Cultural and educational organizations with experience in

developing or operating programs that illustrate and interpret

the contributions of Alaska Natives, Native Hawaiians, the

whaling industry, and the China trade to the economic, social,

and environmental history of the United States.

(8) Consortia of the organizations and entities described in

this subsection.

(b) Uses of funds

Activities provided through programs carried out under this

subpart may include one or more of the following:

(1) Development and implementation of educational programs to

increase understanding of cultural diversity and multicultural

communication among Alaska Natives, Native Hawaiians, and the

people of the continental United States, based on historic

patterns of trading and commerce.

(2) Development and implementation of programs using modern

technology, including the Internet, to educate students, their

parents, and teachers about historic and contemporary cultural

and trading ties that continue to link the diverse cultures of

Alaska Natives, Native Hawaiians, and the people of

Massachusetts.

(3) Cultural exchanges of elders, students, parents, and

teachers among Alaska Natives, Native Hawaiians, and the people

of Massachusetts to increase awareness of diverse cultures among

each group.

(4) Sharing of collections among cultural institutions designed

to increase awareness of diverse cultures and links among them.

(5) Development and implementation of internship and apprentice

programs in cultural institutions to train Alaska Natives, Native

Hawaiians, and low-income students in Massachusetts for careers

with cultural institutions.

(6) Other activities, consistent with the purposes of this

subpart, to meet the educational needs of Alaska Natives, Native

Hawaiians, and students and their parents in Massachusetts.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5523, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1846.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7265d of this title.

-CITE-

20 USC Sec. 7265c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265c. Administrative provisions

-STATUTE-

(a) Application required

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

entered into under this subpart, 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 subpart.

(b) Local educational agency coordination

Each applicant for a grant or contract under this subpart shall

inform each local educational agency serving students who will

participate in the program to be carried out under the grant or

contract about the application.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5524, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1847.)

-CITE-

20 USC Sec. 7265d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265d. Availability of funds

-STATUTE-

If sufficient funds are made available under section 7241 of this

title to carry out this subpart for a fiscal year, the Secretary

shall make available, to support activities described in section

7265b(b) of this title, the following amounts:

(1) Not less than $2,000,000 each to -

(A) the New Bedford Whaling Museum, in partnership with the

New Bedford Oceanarium, in Massachusetts; and

(B) the Inupiat Heritage Center in Alaska.

(2) For the New Trade Winds project, not less than $1,000,000

each to -

(A) the Alaska Native Heritage Center in Alaska;

(B) the Bishop Museum in Hawaii; and

(C) the Peabody-Essex Museum in Massachusetts.

(3) For internship and apprenticeship programs (including the

Museum Action Corps of the Peabody-Essex Museum), not less than

$1,000,000 each to -

(A) the Alaska Native Heritage Center in Alaska;

(B) the Bishop Museum in Hawaii; and

(C) the Peabody-Essex Museum in Massachusetts.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5525, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1847.)

-CITE-

20 USC Sec. 7265e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 12 - educational, cultural, apprenticeship, and exchange

programs for alaska natives, native hawaiians, and their

historical whaling and tradi

-HEAD-

Sec. 7265e. Definitions

-STATUTE-

In this subpart:

(1) Alaska Native

The term ''Alaska Native'' has the meaning given that term in

section 7546 of this title.

(2) Native Hawaiian

The term ''Native Hawaiian'' has the meaning given that term in

section 7517 of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5526, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1848.)

-MISC1-

PRIOR PROVISIONS

A prior section 7266, Pub. L. 89-10, title V, Sec. 5306, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3706,

which related to distribution of assistance and limitation on

costs, was omitted in the general amendment of this subchapter by

Pub. L. 107-110.

-CITE-

20 USC subpart 13 - excellence in economic education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

.

-HEAD-

subpart 13 - excellence in economic education

-CITE-

20 USC Sec. 7267 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267. Short title

-STATUTE-

This subpart may be cited as the ''Excellence in Economic

Education Act of 2001''.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5531, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1848.)

-MISC1-

PRIOR PROVISIONS

A prior section 7267, Pub. L. 89-10, title V, Sec. 5307, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3706,

related to reports, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7267a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267a. Purpose and goals

-STATUTE-

(a) Purpose

The purpose of this subpart is to promote economic and financial

literacy among all students in kindergarten through grade 12 by

awarding a competitive grant to a national nonprofit educational

organization that has as its primary purpose the improvement of the

quality of student understanding of personal finance and economics.

(b) Objectives

The objectives of this subpart are the following:

(1) To increase students' knowledge of, and achievement in,

economics to enable the students to become more productive and

informed citizens.

(2) To strengthen teachers' understanding of, and competency

in, economics to enable the teachers to increase student mastery

of economic principles and the practical application of those

principles.

(3) To encourage economic education research and development,

to disseminate effective instructional materials, and to promote

replication of best practices and exemplary programs that foster

economic literacy.

(4) To assist States in measuring the impact of education in

economics.

(5) To leverage and expand private and public support for

economic education partnerships at national, State, and local

levels.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5532, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1848.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7267f of this title.

-CITE-

20 USC Sec. 7267b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267b. Grant program authorized

-STATUTE-

(a) Authorization

The Secretary is authorized to award a competitive grant to a

national nonprofit educational organization that has as its primary

purpose the improvement of the quality of student understanding of

personal finance and economics through effective teaching of

economics in the Nation's classrooms (referred to in this subpart

as the ''grantee'').

(b) Uses of funds

(1) Direct activities

The grantee shall use 25 percent of the funds made available

through the grant for a fiscal year -

(A) to strengthen and expand the grantee's relationships with

State and local personal finance, entrepreneurial, and economic

education organizations;

(B) to support and promote training of teachers who teach a

grade from kindergarten through grade 12 regarding economics,

including the dissemination of information on effective

practices and research findings regarding the teaching of

economics;

(C) to support research on effective teaching practices and

the development of assessment instruments to document student

understanding of personal finance and economics; and

(D) to develop and disseminate appropriate materials to

foster economic literacy.

(2) Subgrants

The grantee shall use 75 percent of the funds made available

through the grant for a fiscal year to award subgrants to State

educational agencies or local educational agencies, and State or

local economic, personal finance, or entrepreneurial education

organizations (referred to in this section as the ''recipient'').

The grantee shall award such a subgrant to pay for the Federal

share of the cost of enabling the recipient to work in

partnership with one or more of the entities described in

paragraph (3) for one or more of the following purposes:

(A) Collaboratively establishing and conducting teacher

training programs that use effective and innovative approaches

to the teaching of economics, personal finance, and

entrepreneurship.

(B) Providing resources to school districts that desire to

incorporate economics and personal finance into the curricula

of the schools in the districts.

(C) Conducting evaluations of the impact of economic and

financial literacy education on students.

(D) Conducting economic and financial literacy education

research.

(E) Creating and conducting school-based student activities

to promote consumer, economic, and personal finance education

(such as saving, investing, and entrepreneurial education) and

to encourage awareness and student academic achievement in

economics.

(F) Encouraging replication of best practices to promote

economic and financial literacy.

(3) Partnership entities

The entities described in this paragraph are the following:

(A) A private sector entity.

(B) A State educational agency.

(C) A local educational agency.

(D) An institution of higher education.

(E) An organization promoting economic development.

(F) An organization promoting educational excellence.

(G) An organization promoting personal finance or

entrepreneurial education.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5533, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1848.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7267d, 7267e of this

title.

-CITE-

20 USC Sec. 7267c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267c. Applications

-STATUTE-

(a) Grantee applications

To be eligible to receive a grant under this subpart, the grantee

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

manner, and accompanied by such information as the Secretary may

require.

(b) Recipient applications

(1) Submission

To be eligible to receive a subgrant under this section, a

recipient shall submit an application to the grantee at such

time, in such manner, and accompanied by such information as the

grantee may require.

(2) Review

The grantee shall invite the individuals described in paragraph

(3) to review all applications from recipients for a subgrant

under this section and to make recommendations to the grantee

regarding the approval of the applications.

(3) Reviewers

The individuals described in this paragraph are the following:

(i) Leaders in the fields of economics and education.

(ii) Such other individuals as the grantee determines to be

necessary, especially members of the State and local business,

banking, and finance communities.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5534, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1849.)

-CITE-

20 USC Sec. 7267d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267d. Requirements

-STATUTE-

(a) Administrative costs

The grantee and each recipient receiving a subgrant under this

subpart for a fiscal year may use not more than 5 percent of the

funds made available through the grant or subgrant for

administrative costs.

(b) Teacher training programs

In carrying out the teacher training programs described in

section 7267b(b)(2)(A) of this title, a recipient shall -

(1) train teachers who teach a grade from kindergarten through

grade 12; and

(2) encourage teachers from disciplines other than economics

and financial literacy to participate in such teacher training

programs, if the training will promote the economic and financial

literacy of those teachers' students.

(c) Involvement of business community

In carrying out the activities assisted under this subpart, the

grantee and recipients are strongly encouraged to -

(1) include interactions with the local business community to

the fullest extent possible to reinforce the connection between

economic and financial literacy and economic development; and

(2) work with private businesses to obtain matching

contributions for Federal funds and assist recipients in working

toward self-sufficiency.

(d) Additional requirements and technical assistance

The grantee shall -

(1) meet such other requirements as the Secretary determines to

be necessary to assure compliance with this section; and

(2) receive from the Secretary such technical assistance as may

be necessary to carry out this section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5535, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1850.)

-CITE-

20 USC Sec. 7267e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267e. Administrative provisions

-STATUTE-

(a) Federal share

The Federal share of the cost described in section 7267b(b)(2) of

this title shall be 50 percent.

(b) Payment of non-Federal share

The non-Federal share may be paid in cash or in kind (fairly

evaluated, including plant, equipment, or services).

(c) Reports to Congress

Not later than 2 years after the date funds are first made

available to carry out this subpart, and every 2 years thereafter,

the Secretary shall submit to the appropriate committees of

Congress a report regarding activities assisted under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5536, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1850.)

-CITE-

20 USC Sec. 7267f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 13 - excellence in economic education

-HEAD-

Sec. 7267f. Supplement, not supplant

-STATUTE-

Funds made available to carry out this subpart shall be used to

supplement, and not supplant, other Federal, State, and local funds

expended for the purpose described in section 7267a(a) of this

title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5537, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1851.)

-MISC1-

PRIOR PROVISIONS

A prior section 7268, Pub. L. 89-10, title V, Sec. 5308, as added

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3706,

which authorized appropriations for school dropout assistance, was

omitted in the general amendment of this subchapter by Pub. L.

107-110.

-CITE-

20 USC subpart 14 - grants to improve the mental health

of children 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 14 - grants to improve the mental health of children

.

-HEAD-

subpart 14 - grants to improve the mental health of children

-CITE-

20 USC Sec. 7269 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 14 - grants to improve the mental health of children

-HEAD-

Sec. 7269. Grants for the integration of schools and mental health

systems

-STATUTE-

(a) Authorization

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

contracts or cooperative agreements with, State educational

agencies, local educational agencies, or Indian tribes, for the

purpose of increasing student access to quality mental health care

by developing innovative programs to link local school systems with

the local mental health system.

(b) Duration

With respect to a grant, contract, or cooperative agreement

awarded or entered into under this section, the period during which

payments under such grant, contract or agreement are made to the

recipient may not exceed 5 years.

(c) Use of funds

A State educational agency, local educational agency, or Indian

tribe that receives a grant, contract, or cooperative agreement

under this section shall use amounts made available through such

grant, contract, or cooperative agreement for the following:

(1) To enhance, improve, or develop collaborative efforts

between school-based service systems and mental health service

systems to provide, enhance, or improve prevention, diagnosis,

and treatment services to students.

(2) To enhance the availability of crisis intervention

services, appropriate referrals for students potentially in need

of mental health services, and ongoing mental health services.

(3) To provide training for the school personnel and mental

health professionals who will participate in the program carried

out under this section.

(4) To provide technical assistance and consultation to school

systems and mental health agencies and families participating in

the program carried out under this section.

(5) To provide linguistically appropriate and culturally

competent services.

(6) To evaluate the effectiveness of the program carried out

under this section in increasing student access to quality mental

health services, and make recommendations to the Secretary about

sustainability of the program.

(d) Applications

To be eligible to receive a grant, contract, or cooperative

agreement under this section, a State educational agency, local

educational agency, or Indian tribe shall submit an application to

the Secretary at such time, in such manner, and containing such

information as the Secretary may reasonably require. The

application shall include each of the following:

(1) A description of the program to be funded under the grant,

contract, or cooperative agreement.

(2) A description of how such program will increase access to

quality mental health services for students.

(3) A description of how the applicant will establish a crisis

intervention program to provide immediate mental health services

to the school community when necessary.

(4) An assurance that -

(A) persons providing services under the grant, contract, or

cooperative agreement are adequately trained to provide such

services;

(B) the services will be provided in accordance with

subsection (c) of this section;

(C) teachers, principal administrators, and other school

personnel are aware of the program; and

(D) parents of students participating in services under this

section will be involved in the design and implementation of

the services.

(5) An explanation of how the applicant will support and

integrate existing school-based services with the program to

provide appropriate mental health services for students.

(6) An explanation of how the applicant will establish a

program that will support students and the school in maintaining

an environment conducive to learning.

(e) Interagency agreements

(1) Designation of lead agency

The recipient of each grant, contract, or cooperative agreement

shall designate a lead agency to direct the establishment of an

interagency agreement among local educational agencies, juvenile

justice authorities, mental health agencies, and other relevant

entities in the State, in collaboration with local entities and

parents and guardians of students.

(2) Contents

The interagency agreement shall ensure the provision of the

services described in subsection (c) of this section, specifying

with respect to each agency, authority, or entity -

(A) the financial responsibility for the services;

(B) the conditions and terms of responsibility for the

services, including quality, accountability, and coordination

of the services; and

(C) the conditions and terms of reimbursement among the

agencies, authorities, or entities that are parties to the

interagency agreement, including procedures for dispute

resolution.

(f) Evaluation

The Secretary shall evaluate each program carried out by a State

educational agency, local educational agency, or Indian tribe under

this section and shall disseminate the findings with respect to

each such evaluation to appropriate public and private entities.

(g) Distribution of awards

The Secretary shall ensure that grants, contracts, and

cooperative agreements awarded or entered into under this section

are equitably distributed among the geographical regions of the

United States and among urban, suburban, and rural populations.

(h) Rule of construction

Nothing in Federal law shall be construed -

(1) to prohibit an entity involved with a program carried out

under this section from reporting a crime that is committed by a

student to appropriate authorities; or

(2) to prevent State law enforcement and judicial authorities

from exercising their responsibilities with regard to the

application of Federal and State law to crimes committed by a

student.

(i) Supplement, not supplant

Any services provided through programs carried out under this

section must supplement, and not supplant, existing mental health

services, including any services required to be provided under the

Individuals with Disabilities Education Act (20 U.S.C. 1400 et

seq.).

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5541, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1851.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (i), 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.

-CITE-

20 USC Sec. 7269a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 14 - grants to improve the mental health of children

-HEAD-

Sec. 7269a. Promotion of school readiness through early childhood

emotional and social development

-STATUTE-

(a) Authorization

The Secretary, in consultation with the Secretary of Health and

Human Services, may award grants (to be known as ''Foundations for

Learning Grants'') to local educational agencies, local councils,

community-based organizations, and other public or nonprofit

private entities to assist eligible children to become ready for

school.

(b) Applications

To be eligible to receive a grant under this section, a local

educational agency, local council, community-based organization, or

other public or nonprofit private entity, or a combination of such

entities, shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as the

Secretary may reasonably require. The application shall include

each of the following:

(1) A description of the population that the applicant intends

to serve and the types of services to be provided under the

grant.

(2) A description of the manner in which services under the

grant will be coordinated with existing similar services provided

by public and nonprofit private entities within the State.

(3) An assurance that -

(A) services under the grant shall be provided by or under

the supervision of qualified professionals with expertise in

early childhood development;

(B) such services shall be culturally competent;

(C) such services shall be provided in accordance with

subsection (c) of this section;

(D) funds received under this section shall be used to

supplement, and not supplant, non-Federal funds; and

(E) parents of students participating in services under this

section will be involved in the design and implementation of

the services.

(c) Uses of funds

A local educational agency, local council, community-based

organization, or other public or nonprofit private entity that

receives funds under this section may use such funds to benefit

eligible children, for one or more of the following:

(1) To deliver services to eligible children and their families

that foster eligible children's emotional, behavioral, and social

development and take into consideration the characteristics

described in subsection (f)(1) of this section.

(2) To coordinate and facilitate access by eligible children

and their families to the services available through community

resources, including mental health, physical health, substance

abuse, educational, domestic violence prevention, child welfare,

and social services.

(3) To provide ancillary services such as transportation or

child care in order to facilitate the delivery of any other

services or activities authorized by this section.

(4) To develop or enhance early childhood community

partnerships and build toward a community system of care that

brings together child-serving agencies or organizations to

provide individualized supports for eligible children and their

families.

(5) To evaluate the success of strategies and services provided

pursuant to this section in promoting young children's successful

entry to school and to maintain data systems required for

effective evaluations.

(6) To pay for the expenses of administering the activities

authorized under this section, including assessment of children's

eligibility for services.

(d) Limitations

(1) Services not otherwise funded

A local educational agency, local council, community-based

organization, or other public or nonprofit private entity may use

funds under this section only to pay for services that cannot be

paid for using other Federal, State, or local public resources or

through private insurance.

(2) Administrative expenses

A grantee may not use more than 3 percent of the amount of the

grant to pay the administrative expenses described in subsection

(c)(6) of this section.

(e) Evaluations

The Secretary shall directly evaluate, or enter into a contract

for an outside evaluation of, each program carried out under this

section and shall disseminate the findings with respect to such

evaluation to appropriate public and private entities.

(f) Definitions

In this section:

(1) Eligible child

The term ''eligible child'' means a child who has not attained

the age of 7 years, and to whom two or more of the following

characteristics apply:

(A) The child has been abused, maltreated, or neglected.

(B) The child has been exposed to violence.

(C) The child has been homeless.

(D) The child has been removed from child care, Head Start,

or preschool for behavioral reasons or is at risk of being so

removed.

(E) The child has been exposed to parental depression or

other mental illness.

(F) The family income with respect to the child is below 200

percent of the poverty line.

(G) The child has been exposed to parental substance abuse.

(H) The child has had early behavioral and peer relationship

problems.

(I) The child had a low birth weight.

(J) The child has a cognitive deficit or developmental

disability.

(2) Local council

The term ''local council'' means a council that is established

or designated by a local government entity, Indian tribe,

regional corporation, or native Hawaiian entity, as appropriate,

which is composed of representatives of local agencies directly

affected by early learning programs, parents, key community

leaders, and other individuals concerned with early learning

issues in the locality, such as elementary education, child care

resource and referral services, early learning opportunities,

child care, and health services.

(3) Provider of early childhood services

The term ''provider of early childhood services'' means a

public or private entity that has regular contact with young

children, including child welfare agencies, child care providers,

Head Start and Early Head Start providers, preschools,

kindergartens, libraries, mental health professionals, family

courts, homeless shelters, and primary care providers.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5542, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1853.)

-CITE-

20 USC subpart 15 - arts in education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 15 - arts in education

.

-HEAD-

subpart 15 - arts in education

-CITE-

20 USC Sec. 7271 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 15 - arts in education

-HEAD-

Sec. 7271. Assistance for arts education

-STATUTE-

(a) Purposes

The purposes of this subpart are the following:

(1) To support systemic education reform by strengthening arts

education as an integral part of the elementary school and

secondary school curriculum.

(2) To help ensure that all students meet challenging State

academic content standards and challenging State student academic

achievement standards in the arts.

(3) To support the national effort to enable all students to

demonstrate competence in the arts.

(b) Authority

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

contracts or cooperative agreements with, eligible entities

described in subsection (c) of this section.

(c) Eligible entities

The Secretary may make assistance available under subsection (b)

of this section to each of the following eligible entities:

(1) State educational agencies.

(2) Local educational agencies.

(3) Institutions of higher education.

(4) Museums or other cultural institutions.

(5) Any other public or private agencies, institutions, or

organizations.

(d) Use of funds

Assistance made available under this subpart may be used for any

of the following:

(1) Research on arts education.

(2) Planning, developing, acquiring, expanding, improving, or

disseminating information about model school-based arts education

programs.

(3) The development of model State arts education assessments

based on State academic achievement standards.

(4) The development and implementation of curriculum frameworks

for arts education.

(5) The development of model inservice professional development

programs for arts educators and other instructional staff.

(6) Supporting collaborative activities with Federal agencies

or institutions involved in arts education, arts educators, and

organizations representing the arts, including State and local

arts agencies involved in arts education.

(7) Supporting model projects and programs in the performing

arts for children and youth through arrangements made with the

John F. Kennedy Center for the Performing Arts.

(8) Supporting model projects and programs by Very Special Arts

which assure the participation in mainstream settings in arts and

education programs of individuals with disabilities.

(9) Supporting model projects and programs to integrate arts

education into the regular elementary school and secondary school

curriculum.

(10) Other activities that further the purposes of this

subpart.

(e) Special rule

If the amount made available to the Secretary to carry out this

subpart for any fiscal year is $15,000,000 or less, then such

amount shall only be available to carry out the activities

described in paragraphs (7) and (8) of subsection (d) of this

section.

(f) Conditions

As conditions of receiving assistance made available under this

subpart, the Secretary shall require each entity receiving such

assistance -

(1) to coordinate, to the extent practicable, each project or

program carried out with such assistance with appropriate

activities of public or private cultural agencies, institutions,

and organizations, including museums, arts education

associations, libraries, and theaters; and

(2) to use such assistance only to supplement, and not to

supplant, any other assistance or funds made available from

non-Federal sources for the activities assisted under this

subpart.

(g) Consultation

In carrying out this subpart, the Secretary shall consult with

Federal agencies or institutions, arts educators (including

professional arts education associations), and organizations

representing the arts (including State and local arts agencies

involved in arts education).

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5551, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1855.)

-CITE-

20 USC subpart 16 - parental assistance and local family

information centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

.

-HEAD-

subpart 16 - parental assistance and local family information

centers

-CITE-

20 USC Sec. 7273 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273. Purposes

-STATUTE-

The purposes of this subpart are the following:

(1) To provide leadership, technical assistance, and financial

support to nonprofit organizations (including statewide nonprofit

organizations) and local educational agencies to help the

organizations and agencies implement successful and effective

parental involvement policies, programs, and activities that lead

to improvements in student academic achievement.

(2) To strengthen partnerships among parents (including parents

of children from birth through age 5), teachers, principals,

administrators, and other school personnel in meeting the

educational needs of children.

(3) To develop and strengthen the relationship between parents

and their children's school.

(4) To further the developmental progress of children assisted

under this subpart.

(5) To coordinate activities funded under this subpart with

parental involvement initiatives funded under section 6318 of

this title and other provisions of this chapter.

(6) To provide a comprehensive approach to improving student

learning, through coordination and integration of Federal, State,

and local services and programs.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5561, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1856.)

-CITE-

20 USC Sec. 7273a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273a. Grants authorized

-STATUTE-

(a) Parental information and resource centers

The Secretary is authorized to award grants in each fiscal year

to nonprofit organizations (including statewide nonprofit

organizations), and consortia of such organizations and local

educational agencies, to establish school-linked or school-based

parental information and resource centers that provide

comprehensive training, information, and support to -

(1) parents of children enrolled in elementary schools and

secondary schools;

(2) individuals who work with the parents of children enrolled

in elementary schools and secondary schools;

(3) State educational agencies, local educational agencies,

schools, organizations that support family-school partnerships

(such as parent-teacher associations and Parents as Teachers

organizations), and other organizations that carry out parent

education and family involvement programs; and

(4) parents of children from birth through age 5.

(b) Geographic distribution

In awarding grants under this subpart, the Secretary shall, to

the extent practicable, ensure that such grants are distributed in

all geographic regions of the United States.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5562, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1857.)

-CITE-

20 USC Sec. 7273b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273b. Applications

-STATUTE-

(a) Submission

Each nonprofit organization (including a statewide nonprofit

organization), or a consortia of such an organization and a local

educational agency, that desires a grant under this subpart shall

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

manner, and accompanied by such information as the Secretary may

require.

(b) Contents

Each application submitted under subsection (a) of this section,

at a minimum, shall include assurances that the organization or

consortium will -

(1)(A) be governed by a board of directors the membership of

which includes parents; or

(B) be an organization or consortium that represents the

interests of parents;

(2) establish a special advisory committee the membership of

which includes -

(A) parents of children enrolled in elementary schools and

secondary schools, who shall constitute a majority of the

members of the special advisory committee;

(B) representatives of education professionals with expertise

in improving services for disadvantaged children; and

(C) representatives of local elementary schools and secondary

schools, including students and representatives from local

youth organizations;

(3) use at least 50 percent of the funds received under this

subpart in each fiscal year to serve areas with high

concentrations of low-income families, in order to serve parents

who are severely educationally or economically disadvantaged;

(4) operate a center of sufficient size, scope, and quality to

ensure that the center is adequate to serve the parents in the

area;

(5) serve both urban and rural areas;

(6) design a center that meets the unique training,

information, and support needs of parents of children enrolled in

elementary schools and secondary schools, particularly such

parents who are educationally or economically disadvantaged;

(7) demonstrate the capacity and expertise to conduct the

effective training, information, and support activities for which

assistance is sought;

(8) network with -

(A) local educational agencies and schools;

(B) parents of children enrolled in elementary schools and

secondary schools;

(C) parent training and information centers assisted under

section 1482 of this title;

(D) clearinghouses; and

(E) other organizations and agencies;

(9) focus on serving parents of children enrolled in elementary

schools and secondary schools who are parents of low-income,

minority, and limited English proficient children;

(10) use at least 30 percent of the funds received under this

subpart in each fiscal year to establish, expand, or operate

Parents as Teachers programs, Home Instruction for Preschool

Youngsters programs, or other early childhood parent education

programs;

(11) provide assistance to parents in areas such as

understanding State and local standards and measures of student

and school academic achievement;

(12) work with State educational agencies and local educational

agencies to determine parental needs and the best means for

delivery of services;

(13) identify and coordinate Federal, State, and local services

and programs that support improved student learning, including

programs supported under this chapter, violence prevention

programs, nutrition programs, housing programs, Head Start

programs, adult education, and job training; and

(14) work with and foster partnerships with other agencies that

provide programs and deliver services described in paragraph (13)

to make such programs and services more accessible to children

and families.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5563, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1857.)

-CITE-

20 USC Sec. 7273c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273c. Uses of funds

-STATUTE-

(a) In general

Grant funds received under this subpart shall be used for one or

more of the following:

(1) To assist parents in participating effectively in their

children's education and to help their children meet State and

local standards, such as assisting parents -

(A) to engage in activities that will improve student

academic achievement, including understanding the

accountability systems in place within their State educational

agency and local educational agency and understanding their

children's educational academic achievement in comparison to

State and local standards;

(B) to provide follow-up support for their children's

educational achievement;

(C) to communicate effectively with teachers, principals,

counselors, administrators, and other school personnel;

(D) to become active participants in the development,

implementation, and review of school-parent compacts, parent

involvement policies, and school planning and improvement;

(E) to participate in the design and provision of assistance

to students who are not making adequate academic progress;

(F) to participate in State and local decisionmaking; and

(G) to train other parents (such as training related to

Parents as Teachers activities).

(2) To obtain information about the range of options, programs,

services, and resources available at the national, State, and

local levels to assist parents and school personnel who work with

parents.

(3) To help the parents learn and use the technology applied in

their children's education.

(4) To plan, implement, and fund activities for parents that

coordinate the education of their children with other Federal,

State, and local services and programs that serve their children

or their families.

(5) To provide support for State or local educational

personnel, if the participation of such personnel will further

the activities assisted under the grant.

(6) To coordinate and integrate early childhood programs with

school-age programs.

(b) Permissive activities

Grant funds received under this subpart may be used to assist

schools with activities including one or more of the following:

(1) Developing and implementing the schools' plans or

activities under sections 6318 and 6319 of this title.

(2) Developing and implementing school improvement plans,

including addressing problems that develop in the implementation

of the schools' plans or activities under sections 6318 and 6319

of this title.

(3) Providing information about assessment and individual

results to parents in a manner and a language the family can

understand.

(4) Coordinating the efforts of Federal, State, and local

parent education and family involvement initiatives.

(5) Providing training, information, and support to -

(A) State educational agencies;

(B) local educational agencies and schools, especially

low-performing local educational agencies and schools; and

(C) organizations that support family-school partnerships.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5564, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1858.)

-CITE-

20 USC Sec. 7273d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273d. Administrative provisions

-STATUTE-

(a) Matching funds for grant renewal

For each fiscal year after the first fiscal year in which an

organization or consortium receives assistance under this subpart,

the organization or consortium shall demonstrate in the application

submitted for such fiscal year, that a portion of the services

provided by the organization or consortium is supported through

non-Federal contributions, which contributions may be in cash or in

kind.

(b) Submission of information

(1) In general

Each organization or consortium receiving assistance under this

subpart shall submit to the Secretary, on an annual basis,

information concerning the parental information and resource

centers assisted under this subpart, including the following

information:

(A) The number of parents (including the number of minority

and limited English proficient parents) who receive information

and training.

(B) The types and modes of training, information, and support

provided under this subpart.

(C) The strategies used to reach and serve parents of

minority and limited English proficient children, parents with

limited literacy skills, and other parents in need of the

services provided under this subpart.

(D) The parental involvement policies and practices used by

the center and an evaluation of whether such policies and

practices are effective in improving home-school communication,

student academic achievement, student and school academic

achievement, and parental involvement in school planning,

review, and improvement.

(E) The effectiveness of the activities that local

educational agencies and schools are carrying out, with regard

to parental involvement and other activities assisted under

this chapter, that lead to improved student academic

achievement and improved student and school academic

achievement.

(2) Dissemination

The Secretary shall disseminate annually to Congress and the

public the information that each organization or consortium

submits under paragraph (1).

(c) Technical assistance

The Secretary shall provide technical assistance, by grant or

contract, for the establishment, development, and coordination of

parent training, information, and support programs and parental

information and resource centers.

(d) Rule of construction

Nothing in this subpart shall be construed to prohibit a parental

information and resource center from -

(1) having its employees or agents meet with a parent at a site

that is not on school grounds; or

(2) working with another agency that serves children.

(e) Parental rights

Notwithstanding any other provision of this subpart -

(1) no person (including a parent who educates a child at home,

a public school parent, or a private school parent) shall be

required to participate in any program of parent education or

developmental screening under this subpart; and

(2) no program or center assisted under this subpart shall take

any action that infringes in any manner on the right of a parent

to direct the education of their children.

(f) Continuation of awards

The Secretary shall use funds made available under this subpart

to continue to make grant or contract payments to each entity that

was awarded a multiyear grant or contract under title IV of the

Goals 2000: Educate America Act (as such title was in effect on the

day before January 8, 2002) for the duration of the grant or

contract award.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5565, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1859.)

-REFTEXT-

REFERENCES IN TEXT

Title IV of the Goals 2000: Educate America Act (as such title

was in effect on the day before January 8, 2002), referred to in

subsec. (f), is title IV of Pub. L. 103-227, Mar. 31, 1994, 108

Stat. 187, which was classified to subchapter IV (Sec. 5911 et

seq.) of chapter 68 of this title prior to repeal by Pub. L.

106-113, div. B, Sec. 1000(a)(4) (title III, Sec. 310(i)), Nov.

29, 1999, 113 Stat. 1535, 1501A-265, effective Sept. 30, 2000.

-CITE-

20 USC Sec. 7273e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 16 - parental assistance and local family information

centers

-HEAD-

Sec. 7273e. Local family information centers

-STATUTE-

(a) In general

If the amount made available to carry out this subpart for a

fiscal year is more than $50,000,000, the Secretary is authorized

to award 50 percent of the amount that exceeds $50,000,000 as

grants to, and enter into contracts and cooperative agreements

with, local nonprofit parent organizations to enable the

organizations to support local family information centers that help

ensure that parents of students in elementary schools and secondary

schools assisted under this subpart have the training, information,

and support the parents need to enable the parents to participate

effectively in their children's early childhood education, in their

children's elementary and secondary education, and in helping their

children to meet challenging State academic content and student

academic achievement standards.

(b) Local nonprofit parent organization defined

In this section, the term ''local nonprofit parent organization''

means a private nonprofit organization (other than an institution

of higher education) that -

(1) has a demonstrated record of working with low-income

individuals and parents;

(2)(A) has a board of directors, the majority of whom are

parents of students in elementary schools and secondary schools

assisted under part A of subchapter I of this chapter and located

in the geographic area to be served by a local family information

center; or

(B) has a special governing committee to direct and implement a

local family information center, a majority of the members of

whom are parents of students in schools assisted under part A of

subchapter I of this chapter; and

(3) is located in a community with elementary schools and

secondary schools that receive funds under part A of subchapter I

of this chapter, and is accessible to the families of students in

those schools.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5566, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1861.)

-CITE-

20 USC subpart 17 - combatting domestic violence 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 17 - combatting domestic violence

.

-HEAD-

subpart 17 - combatting domestic violence

-CITE-

20 USC Sec. 7275 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 17 - combatting domestic violence

-HEAD-

Sec. 7275. Grants to combat the impact of experiencing or

witnessing domestic violence on elementary and secondary school

children

-STATUTE-

(a) Definitions

In this section:

(1) Domestic violence

The term ''domestic violence'' has the meaning given that term

in section 3796gg-2 of title 42.

(2) Expert

The term ''expert'' means -

(A) an expert on domestic violence, sexual assault, and child

abuse from the educational, legal, youth, mental health,

substance abuse, or victim advocacy field; and

(B) a State or local domestic violence coalition or

community-based youth organization.

(3) Witness domestic violence

(A) In general

The term ''witness domestic violence'' means to witness -

(i) an act of domestic violence that constitutes actual or

attempted physical assault; or

(ii) a threat or other action that places the victim in

fear of domestic violence.

(B) Witness

In subparagraph (A), the term ''witness'' means -

(i) to directly observe an act, threat, or action described

in subparagraph (A), or the aftermath of that act, threat, or

action; or

(ii) to be within earshot of an act, threat, or action

described in subparagraph (A), or the aftermath of that act,

threat, or action.

(b) Grants authorized

(1) Authority

The Secretary is authorized to award grants to local

educational agencies that work with experts to enable the

elementary schools and secondary schools served by the local

educational agency -

(A) to provide training to school administrators, faculty,

and staff, with respect to issues concerning children who

experience domestic violence in dating relationships or who

witness domestic violence, and the impact of the violence on

the children;

(B) to provide educational programming for students regarding

domestic violence and the impact of experiencing or witnessing

domestic violence on children;

(C) to provide support services for students and school

personnel to develop and strengthen effective prevention and

intervention strategies with respect to issues concerning

children who experience domestic violence in dating

relationships or who witness domestic violence, and the impact

of the violence on the children; and

(D) to develop and implement school system policies regarding

appropriate and safe responses to, identification of, and

referral procedures for, students who are experiencing or

witnessing domestic violence.

(2) Award basis

The Secretary is authorized to award grants under this section

-

(A) on a competitive basis; and

(B) in a manner that ensures that such grants are equitably

distributed among local educational agencies located in rural,

urban, and suburban areas.

(3) Policy dissemination

The Secretary shall disseminate to local educational agencies

any Department policy guidance regarding the prevention of

domestic violence and the impact on children of experiencing or

witnessing domestic violence.

(c) Uses of funds

Funds made available to carry out this subpart may be used for

one or more of the following purposes:

(1) To provide training for elementary school and secondary

school administrators, faculty, and staff that addresses issues

concerning elementary school and secondary school students who

experience domestic violence in dating relationships or who

witness domestic violence, and the impact of such violence on

those students.

(2) To provide education programs for elementary school and

secondary school students that are developmentally appropriate

for the students' grade levels and are designed to meet any

unique cultural and language needs of the particular student

populations.

(3) To develop and implement elementary school and secondary

school system policies regarding -

(A) appropriate and safe responses to, identification of, and

referral procedures for, students who are experiencing or

witnessing domestic violence; and

(B) to develop and implement policies on reporting and

referral procedures for those students.

(4) To provide the necessary human resources to respond to the

needs of elementary school and secondary school students and

personnel who are faced with the issue of domestic violence, such

as a resource person who is either on-site or on-call and who is

an expert.

(5) To provide media center materials and educational materials

to elementary schools and secondary schools that address issues

concerning children who experience domestic violence in dating

relationships or who witness domestic violence, and the impact of

the violence on those children.

(6) To conduct evaluations to assess the impact of programs and

policies assisted under this subpart in order to enhance the

development of the programs.

(d) Confidentiality

Policies, programs, training materials, and evaluations developed

and implemented under subsection (c) of this section shall address

issues of safety and confidentiality for the victim and the

victim's family in a manner consistent with applicable Federal and

State laws.

(e) Application

To be eligible for a grant under this section for a fiscal year,

a local educational agency, in consultation with an expert, shall

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

manner, and containing such information as the Secretary may

require. The application shall include each of the following:

(1) A description of the need for funds provided under the

grant and the plan for implementation of any of the activities

described in subsection (c) of this section.

(2) A description of how the experts will work in consultation

and collaboration with the local educational agency.

(3) Measurable objectives for, and expected results from, the

use of the funds provided under the grant.

(4) Provisions for appropriate remuneration for collaborating

partners.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5571, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1861.)

-CITE-

20 USC subpart 18 - healthy, high-performance schools 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

.

-HEAD-

subpart 18 - healthy, high-performance schools

-CITE-

20 USC Sec. 7277 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277. Grant program authorized

-STATUTE-

The Secretary, in consultation with the Secretary of Energy and

the Administrator of the Environmental Protection Agency, is

authorized to award grants to State educational agencies to permit

such State educational agencies to carry out section 7277a of this

title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5581, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1863.)

-CITE-

20 USC Sec. 7277a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277a. State uses of funds

-STATUTE-

(a) Subgrants

(1) In general

A State educational agency receiving a grant under this subpart

shall use funds made available under the grant to award subgrants

to local educational agencies to permit such local educational

agencies to carry out the activities described in section 7277b

of this title.

(2) Limitation

A State educational agency shall award subgrants under this

subsection to local educational agencies that are the neediest,

as determined by the State, and that have made a commitment to

develop healthy, high-performance school buildings in accordance

with the plan developed and approved under paragraph (3)(A).

(3) Implementation

(A) Plans

A State educational agency shall award subgrants under this

subsection only to local educational agencies that, in

consultation with the State educational agency and State

agencies with responsibilities relating to energy and health,

have developed plans that the State educational agency

determines to be feasible and appropriate in order to achieve

the purposes for which the subgrants are made.

(B) Supplementing grant funds

The State educational agency shall encourage local

educational agencies that receive subgrants under this

subsection to supplement their subgrant funds with funds from

other sources in order to implement their plans.

(b) Administration

A State educational agency receiving a grant under this subpart

shall use the grant funds made available under this subpart for one

or more of the following:

(1) To evaluate compliance by local educational agencies with

the requirements of this subpart.

(2) To distribute information and materials on healthy,

high-performance school buildings for both new and existing

facilities.

(3) To organize and conduct programs for school board members,

school district personnel, and others to disseminate information

on healthy, high-performance school buildings.

(4) To provide technical services and assistance in planning

and designing healthy, high-performance school buildings.

(5) To collect and monitor information pertaining to healthy,

high-performance school building projects.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5582, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1863.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7277, 7277b of this

title.

-CITE-

20 USC Sec. 7277b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277b. Local uses of funds

-STATUTE-

(a) In general

A local educational agency that receives a subgrant under section

7277a(a) of this title shall use the subgrant funds to plan and

prepare for healthy, high-performance school building projects that

-

(1) reduce energy use to at least 30 percent below that of a

school constructed in compliance with standards prescribed in

chapter 8 of the 2000 International Energy Conservation Code, or

a similar State code intended to achieve substantially equivalent

results;

(2) meet Federal and State health and safety codes; and

(3) support healthful, energy efficient, and environmentally

sound practices.

(b) Use of funds

A local educational agency that receives a subgrant under section

7277a(a) of this title shall use funds for one or more of the

following:

(1) To develop a comprehensive energy audit of the energy

consumption characteristics of a building and the need for

additional energy conservation measures necessary to allow

schools to meet the guidelines set out in subsection (a) of this

section.

(2) To produce a comprehensive analysis of building strategies,

designs, materials, and equipment that -

(A) are cost effective, produce greater energy efficiency,

and enhance indoor air quality; and

(B) can be used when conducting school construction and

renovation or purchasing materials and equipment.

(3) To obtain research and provide technical services and

assistance in planning and designing healthy, high-performance

school buildings, including developing a timeline for

implementation of such plans.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5583, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1864.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7277a of this title.

-CITE-

20 USC Sec. 7277c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277c. Report to Congress

-STATUTE-

The Secretary shall conduct a biennial review of State actions

implementing this subpart and carrying out the plans developed

under this subpart through State and local funding, and shall

submit a report to Congress on the results of such reviews.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5584, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1865.)

-CITE-

20 USC Sec. 7277d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277d. Limitations

-STATUTE-

No funds received under this subpart may be used for any of the

following:

(1) Payment of maintenance of costs in connection with any

projects constructed in whole or in part with Federal funds

provided under this subpart.

(2) Construction, renovation, or repair of school facilities.

(3) Construction, renovation, repair, or acquisition of a

stadium or other facility primarily used for athletic contests or

exhibitions, or other events for which admission is charged to

the general public.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5585, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1865.)

-CITE-

20 USC Sec. 7277e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 18 - healthy, high-performance schools

-HEAD-

Sec. 7277e. Healthy, high-performance school building defined

-STATUTE-

In this subpart, the term ''healthy, high-performance school

building'' means a school building in which the design,

construction, operation, and maintenance -

(1) use energy-efficient and affordable practices and

materials;

(2) are cost-effective;

(3) enhance indoor air quality; and

(4) protect and conserve water.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5586, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1865.)

-CITE-

20 USC subpart 19 - grants for capital expenses of

providing equitable services for private

school students 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

.

-HEAD-

subpart 19 - grants for capital expenses of providing equitable

-CITE-

20 USC Sec. 7279 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279. Grant program authorized

-STATUTE-

The Secretary is authorized to award grants to State educational

agencies, from allotments made under section 7279b of this title,

to enable the State educational agencies to award subgrants to

local educational agencies to pay for capital expenses in

accordance with this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5591, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1865.)

-CITE-

20 USC Sec. 7279a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279a. Uses of funds

-STATUTE-

A local educational agency that receives a subgrant under this

subpart shall use the subgrant funds only to pay for capital

expenses incurred in providing equitable services for private

school students under section 6320 of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5592, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1865.)

-CITE-

20 USC Sec. 7279b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279b. Allotments to States

-STATUTE-

From the funds made available to carry out this subpart for a

fiscal year, the Secretary shall allot to each State an amount that

bears the same ratio to the funds made available as the number of

private school students who received services under part A of

subchapter I of this chapter in the State in the most recent year

for which data, satisfactory to the Secretary, are available bears

to the number of such students in all States in such year.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5593, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7279 of this title.

-CITE-

20 USC Sec. 7279c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279c. Subgrants to local educational agencies

-STATUTE-

(a) Applications

A local educational agency that desires to receive a subgrant

under this subpart shall submit an application to the State

educational agency involved at such time, in such manner, and

containing such information as the State educational agency may

require.

(b) Distribution

A State educational agency shall award subgrants to local

educational agencies within the State based on the degree of need

set forth in their respective applications submitted under

subsection (a) of this section.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5594, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-CITE-

20 USC Sec. 7279d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279d. Capital expenses defined

-STATUTE-

In this subpart, the term ''capital expenses'' means -

(1) expenditures for noninstructional goods and services, such

as the purchase, lease, or renovation of real and personal

property, including mobile educational units and leasing of

neutral sites or spaces;

(2) insurance and maintenance costs;

(3) transportation; and

(4) other comparable goods and services.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5595, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-CITE-

20 USC Sec. 7279e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 19 - grants for capital expenses of providing equitable

services for private school students

-HEAD-

Sec. 7279e. Termination

-STATUTE-

The authority provided by this subpart terminates effective

October 1, 2003.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5596, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-CITE-

20 USC subpart 20 - additional assistance for certain

local educational agencies impacted by

federal property acquisition 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 20 - additional assistance for certain local educational

agencies impacted by federal property acquisition

.

-HEAD-

subpart 20 - additional assistance for certain local educational

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7283 of this title.

-CITE-

20 USC Sec. 7281 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 20 - additional assistance for certain local educational

agencies impacted by federal property acquisition

-HEAD-

Sec. 7281. Reservation

-STATUTE-

The Secretary is authorized to provide additional assistance to

meet special circumstances relating to the provision of education

in local educational agencies eligible to receive assistance under

section 7702 of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5601, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-CITE-

20 USC Sec. 7281a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 20 - additional assistance for certain local educational

agencies impacted by federal property acquisition

-HEAD-

Sec. 7281a. Eligibility

-STATUTE-

A local educational agency is eligible to receive additional

assistance under this subpart only if such agency -

(1) received a payment under both section 7702 of this title

and section 7703(b) of this title for fiscal year 1996 and is

eligible to receive payments under those sections for the year of

application;

(2) provided a free public education to children described

under subparagraph (A), (B), or (D) of section 7703(a)(1) of this

title;

(3) had a military installation located within the geographic

boundaries of the local educational agency that was closed as a

result of base closure or realignment and, at the time at which

the agency is applying for a payment under this subpart, the

agency does not have a military installation located within its

geographic boundaries;

(4) remains responsible for the free public education of

children residing in housing located on Federal property within

the boundaries of the closed military installation but whose

parents are on active duty in the uniformed services and assigned

to a military activity located within the boundaries of an

adjoining local educational agency; and

(5) 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.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5602, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1866.)

-CITE-

20 USC Sec. 7281b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 20 - additional assistance for certain local educational

agencies impacted by federal property acquisition

-HEAD-

Sec. 7281b. Maximum amount

-STATUTE-

(a) Maximum amount

The maximum amount that a local educational agency is eligible to

receive under this subpart for any fiscal year, when combined with

its payment under section 7702(b) of this title, shall not be more

than 50 percent of the maximum amount determined under section

7702(b) of this title.

(b) Insufficient funds

If funds appropriated under section 7241 of this title are

insufficient to pay the amount determined under subsection (a) of

this section, the Secretary shall ratably reduce the payment to

each local educational agency eligible under this subpart.

(c) Excess funds

If funds appropriated under section 7241 of this section are in

excess of the amount determined under subsection (a) of this

section, the Secretary shall ratably distribute any excess funds to

all local educational agencies eligible for payment under section

7702(b) of this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5603, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1867.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7283c, 7283d, 7283g of

this title.

-CITE-

20 USC subpart 21 - women's educational equity act 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

.

-HEAD-

subpart 21 - women's educational equity act

-CITE-

20 USC Sec. 7283 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283. Short title and findings

-STATUTE-

(a) Short title

This subpart may be cited as the ''Women's Educational Equity Act

of 2001''.

(b) Findings

Congress finds that -

(1) since the enactment of title IX of the Education Amendments

of 1972 (20 U.S.C. 1681 et seq.), women and girls have made

strides in educational achievement and in their ability to avail

themselves of educational opportunities;

(2) because of funding provided under the Women's Educational

Equity Act of 2001 (20 U.S.C. 7283 et seq.), more curricula,

training, and other educational materials concerning educational

equity for women and girls are available for national

dissemination;

(3) teaching and learning practices in the United States are

frequently inequitable as such practices relate to women and

girls, for example -

(A) sexual harassment, particularly that experienced by

girls, undermines the ability of schools to provide a safe and

equitable learning or workplace environment;

(B) classroom textbooks and other educational materials do

not sufficiently reflect the experiences, achievements, or

concerns of women and, in most cases, are not written by women

or persons of color;

(C) girls do not take as many mathematics and science courses

as boys, girls lose confidence in their mathematics and science

ability as girls move through adolescence, and there are few

women role models in the sciences; and

(D) pregnant and parenting teenagers are at high risk for

dropping out of school and existing dropout prevention programs

do not adequately address the needs of such teenagers;

(4) efforts to improve the quality of public education also

must include efforts to ensure equal access to quality education

programs for all women and girls;

(5) Federal support should address not only research and

development of innovative model curricula and teaching and

learning strategies to promote gender equity, but should also

assist schools and local communities implement gender equitable

practices;

(6) Federal assistance for gender equity must be tied to

systemic reform, involve collaborative efforts to implement

effective gender practices at the local level, and encourage

parental participation; and

(7) excellence in education, high educational achievements and

standards, and the full participation of women and girls in

American society, cannot be achieved without educational equity

for women and girls.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5611, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1867.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1972, referred to in subsec. (b)(1),

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.

The Women's Educational Equity Act of 2001, referred to in

subsec. (b)(2), is subpart 21 of part D of title V of Pub. L.

89-10, as added by Pub. L. 107-110, title V, Sec. 501, Jan. 8,

2002, 115 Stat. 1867, which is classified generally to this

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

subsec. (a) of this section and Tables.

-CITE-

20 USC Sec. 7283a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283a. Statement of purpose

-STATUTE-

It is the purpose of this subpart -

(1) to promote gender equity in education in the United States;

(2) to provide financial assistance to enable educational

agencies and institutions to meet the requirements of title IX of

the Educational Amendments of 1972 (20 U.S.C. 1681 et seq.); and

(3) to promote equity in education for women and girls who

suffer from multiple forms of discrimination based on sex, race,

ethnic origin, limited English proficiency, disability, or age.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5612, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1868.)

-REFTEXT-

REFERENCES IN TEXT

The Educational Amendments of 1972, referred to in par. (2),

probably means the Education Amendments of 1972 which 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. 7283b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283b. Programs authorized

-STATUTE-

(a) In general

The Secretary is authorized -

(1) to promote, coordinate, and evaluate gender equity

policies, programs, activities, and initiatives in all Federal

education programs and offices;

(2) to develop, maintain, and disseminate materials, resources,

analyses, and research relating to education equity for women and

girls;

(3) to provide information and technical assistance to assure

the effective implementation of gender equity programs;

(4) to coordinate gender equity programs and activities with

other Federal agencies with jurisdiction over education and

related programs;

(5) to assist the Director of the Institute of Education

Sciences in identifying research priorities related to education

equity for women and girls; and

(6) to perform any other activities consistent with achieving

the purposes of this subpart.

(b) Grants authorized

(1) In general

The Secretary is authorized to award grants to, and enter into

contracts and cooperative agreements with, public agencies,

private nonprofit agencies, organizations, institutions, student

groups, community groups, and individuals, for a period not to

exceed 4 years, to -

(A) provide grants to develop model equity programs; and

(B) provide funds for the implementation of equity programs

in schools throughout the Nation.

(2) Support and technical assistance

To achieve the purposes of this subpart, the Secretary is

authorized to provide support and technical assistance -

(A) to implement effective gender-equity policies and

programs at all educational levels, including -

(i) assisting educational agencies and institutions to

implement policies and practices to comply with title IX of

the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

(ii) training for teachers, counselors, administrators, and

other school personnel, especially preschool and elementary

school personnel, in gender equitable teaching and learning

practices;

(iii) leadership training for women and girls to develop

professional and marketable skills to compete in the global

marketplace, improve self-esteem, and benefit from exposure

to positive role models;

(iv) school-to-work transition programs, guidance and

counseling activities, and other programs to increase

opportunities for women and girls to enter a technologically

demanding workplace and, in particular, to enter highly

skilled, high paying careers in which women and girls have

been underrepresented;

(v) enhancing educational and career opportunities for

those women and girls who suffer multiple forms of

discrimination, based on sex, and on race, ethnic origin,

limited English proficiency, disability, socioeconomic

status, or age;

(vi) assisting pregnant students and students rearing

children to remain in or to return to secondary school,

graduate, and prepare their preschool children to start

school;

(vii) evaluating exemplary model programs to assess the

ability of such programs to advance educational equity for

women and girls;

(viii) introduction into the classroom of textbooks,

curricula, and other materials designed to achieve equity for

women and girls;

(ix) programs and policies to address sexual harassment and

violence against women and girls and to ensure that

educational institutions are free from threats to the safety

of students and personnel;

(x) nondiscriminatory tests of aptitude and achievement and

of alternative assessments that eliminate biased assessment

instruments from use;

(xi) programs to increase educational opportunities,

including higher education, vocational training, and other

educational programs for low-income women, including

underemployed and unemployed women, and women receiving

assistance under a State program funded under part A of title

IV of the Social Security Act (42 U.S.C. 601 et seq.);

(xii) programs to improve representation of women in

educational administration at all levels; and

(xiii) planning, development, and initial implementation of

-

(I) comprehensive institutionwide or districtwide

evaluation to assess the presence or absence of gender

equity in educational settings;

(II) comprehensive plans for implementation of equity

programs in State educational agencies and local

educational agencies and institutions of higher education,

including community colleges; and

(III) innovative approaches to school-community

partnerships for educational equity; and

(B) for research and development, which shall be coordinated

with each of the National Education Centers of the Institute of

Education Sciences to avoid duplication of research efforts,

designed to advance gender equity nationwide and to help make

policies and practices in educational agencies and

institutions, and local communities, gender equitable,

including -

(i) research and development of innovative strategies and

model training programs for teachers and other education

personnel;

(ii) the development of high-quality and challenging

assessment instruments that are nondiscriminatory;

(iii) the development and evaluation of model curricula,

textbooks, software, and other educational materials to

ensure the absence of gender stereotyping and bias;

(iv) the development of instruments and procedures that

employ new and innovative strategies to assess whether

diverse educational settings are gender equitable;

(v) the development of instruments and strategies for

evaluation, dissemination, and replication of promising or

exemplary programs designed to assist local educational

agencies in integrating gender equity in their educational

policies and practices;

(vi) updating high-quality educational materials previously

developed through awards made under this subpart;

(vii) the development of policies and programs to address

and prevent sexual harassment and violence to ensure that

educational institutions are free from threats to safety of

students and personnel;

(viii) the development and improvement of programs and

activities to increase opportunity for women, including

continuing educational activities, vocational education, and

programs for low-income women, including underemployed and

unemployed women, and women receiving assistance under the

State program funded under part A of title IV of the Social

Security Act (42 U.S.C. 601 et seq.); and

(ix) the development of guidance and counseling activities,

including career education programs, designed to ensure

gender equity.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5613, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1868; amended Pub. L. 107-279,

title IV, Sec. 404(d)(7), Nov. 5, 2002, 116 Stat. 1986.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1972, referred to in subsec.

(b)(2)(A)(i), 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.

The Social Security Act, referred to in subsec. (b)(2)(A)(xi),

(B)(viii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Part A of title IV of the Act is classified generally to

part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title

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

this Act to the Code, see section 1305 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-279, Sec. 404(d)(7)(A),

substituted ''Director of the Institute of Education Sciences'' for

''Assistant Secretary of the Office of Educational Research and

Improvement''.

Subsec. (b)(2)(B). Pub. L. 107-279, Sec. 404(d)(7)(B),

substituted ''National Education Centers of the Institute of

Education Sciences'' for ''research institutes of the Office of

Educational Research and Improvement'' in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7283c, 7283d, 7283g of

this title.

-CITE-

20 USC Sec. 7283c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283c. Applications

-STATUTE-

An application under this subpart shall -

(1) set forth policies and procedures that will ensure a

comprehensive evaluation of the activities assisted under this

subpart, including an evaluation of the practices, policies, and

materials used by the applicant and an evaluation or estimate of

the continued significance of the work of the project following

completion of the award period;

(2) demonstrate how the applicant will address perceptions of

gender roles based on cultural differences or stereotypes;

(3) for applications for assistance under section 7283b(b)(1)

of this title, demonstrate how the applicant will foster

partnerships and, where applicable, share resources with State

educational agencies, local educational agencies, institutions of

higher education, community-based organizations (including

organizations serving women), parent, teacher, and student

groups, businesses, or other recipients of Federal educational

funding which may include State literacy resource centers;

(4) for applications for assistance under section 7283b(b)(1)

of this title, demonstrate how parental involvement in the

project will be encouraged; and

(5) for applications for assistance under section 7283b(b)(1)

of this title, describe plans for continuation of the activities

assisted under this subpart with local support following

completion of the grant period and termination of Federal support

under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5614, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1871.)

-CITE-

20 USC Sec. 7283d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283d. Criteria and priorities

-STATUTE-

(a) Criteria and priorities

(1) In general

The Secretary shall establish separate criteria and priorities

for awards under paragraphs (1) and (2) of section 7283b(b) of

this title to ensure that funds under this subpart are used for

programs that most effectively will achieve the purposes of this

subpart.

(2) Criteria

The criteria described in paragraph (1) may include the extent

to which the activities assisted under this subpart -

(A) address the needs of women and girls of color and women

and girls with disabilities;

(B) meet locally defined and documented educational equity

needs and priorities, including compliance with title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

(C) are a significant component of a comprehensive plan for

educational equity and compliance with title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in the

particular school district, institution of higher education,

vocational-technical institution, or other educational agency

or institution; and

(D) implement an institutional change strategy with long-term

impact that will continue as a central activity of the

applicant after the grant under this subpart has terminated.

(b) Priorities

In awarding grants under this subpart, the Secretary may give

special consideration to applications -

(1) submitted by applicants that have not received assistance

under this subpart or this subpart's predecessor authorities;

(2) for projects that will contribute significantly to directly

improving teaching and learning practices in the local community;

and

(3) for projects that will -

(A) provide for a comprehensive approach to enhancing gender

equity in educational institutions and agencies;

(B) draw on a variety of resources, including the resources

of local educational agencies, community-based organizations,

institutions of higher education, and private organizations;

(C) implement a strategy with long-term impact that will

continue as a central activity of the applicant after the grant

under this subpart has terminated;

(D) address issues of national significance that can be

duplicated; and

(E) address the educational needs of women and girls who

suffer multiple or compound discrimination based on sex and on

race, ethnic origin, disability, or age.

(c) Special rule

To the extent feasible, the Secretary shall ensure that grants

awarded under this subpart for each fiscal year address -

(1) all levels of education, including preschool, elementary

and secondary education, higher education, vocational education,

and adult education;

(2) all regions of the United States; and

(3) urban, rural, and suburban educational institutions.

(d) Coordination

Research activities supported under this subpart -

(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 which are

jointly funded and carried out with the Institute of Education

Sciences.

(e) Limitation

Nothing in this subpart shall be construed as prohibiting men and

boys from participating in any programs or activities assisted with

funds under this subpart.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5615, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1871; amended Pub. L. 107-279,

title IV, Sec. 404(d)(5)(D), (8), Nov. 5, 2002, 116 Stat. 1986.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1972, referred to in subsec.

(a)(2)(B), (C), 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(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. (d)(2). Pub. L. 107-279, Sec. 404(d)(5)(D), substituted

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

Research and Improvement''.

-CITE-

20 USC Sec. 7283e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283e. Report

-STATUTE-

Not later than January 1, 2006, the Secretary shall submit to the

President and Congress a report on the status of educational equity

for girls and women in the Nation.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5616, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1872.)

-CITE-

20 USC Sec. 7283f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283f. Administration

-STATUTE-

(a) Evaluation and dissemination

Not later than January 1, 2005, the Secretary shall evaluate and

disseminate materials and programs developed under this subpart and

shall report to Congress regarding such evaluation materials and

programs.

(b) Program operations

The Secretary shall ensure that the activities assisted under

this subpart are administered within the Department by a person who

has recognized professional qualifications and experience in the

field of gender equity education.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5617, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1872.)

-CITE-

20 USC Sec. 7283g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Part D - Fund for the Improvement of Education

subpart 21 - women's educational equity act

-HEAD-

Sec. 7283g. Amount

-STATUTE-

From amounts made available to carry out this subpart for a

fiscal year, not less than two-thirds of such amount shall be used

to carry out the activities described in section 7283b(b)(1) of

this title.

-SOURCE-

(Pub. L. 89-10, title V, Sec. 5618, as added Pub. L. 107-110, title

V, Sec. 501, Jan. 8, 2002, 115 Stat. 1873.)

-CITE-

20 USC SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

.

-HEAD-

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

-COD-

CODIFICATION

Title VI 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 VI is

shown, herein, as having been added by Pub. L. 107-110, title VI,

Sec. 601, Jan. 8, 2002, 115 Stat. 1873, 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 sections 6311, 7713, 7907 of

this title.

-CITE-

20 USC PART A - IMPROVING ACADEMIC ACHIEVEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

.

-HEAD-

PART A - IMPROVING ACADEMIC ACHIEVEMENT

-CITE-

20 USC subpart 1 - accountability 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 1 - accountability

.

-HEAD-

subpart 1 - accountability

-CITE-

20 USC Sec. 7301 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 1 - accountability

-HEAD-

Sec. 7301. Grants for State assessments and related activities

-STATUTE-

The Secretary shall make grants to States to enable the States -

(1) to pay the costs of the development of the additional State

assessments and standards required by section 6311(b) of this

title, which may include the costs of working in voluntary

partnerships with other States, at the sole discretion of each

such State; and

(2) if a State has developed the assessments and standards

required by section 6311(b) of this title, to administer those

assessments or to carry out other activities described in this

subpart and other activities related to ensuring that the State's

schools and local educational agencies are held accountable for

results, such as the following:

(A) Developing challenging State academic content and student

academic achievement standards and aligned assessments in

academic subjects for which standards and assessments are not

required by section 6311(b) of this title.

(B) Developing or improving assessments of English language

proficiency necessary to comply with section 6311(b)(7) of this

title.

(C) Ensuring the continued validity and reliability of State

assessments.

(D) Refining State assessments to ensure their continued

alignment with the State's academic content standards and to

improve the alignment of curricula and instructional materials.

(E) Developing multiple measures to increase the reliability

and validity of State assessment systems.

(F) Strengthening the capacity of local educational agencies

and schools to provide all students the opportunity to increase

educational achievement, including carrying out professional

development activities aligned with State student academic

achievement standards and assessments.

(G) Expanding the range of accommodations available to

students with limited English proficiency and students with

disabilities to improve the rates of inclusion of such

students, including professional development activities aligned

with State academic achievement standards and assessments.

(H) Improving the dissemination of information on student

achievement and school performance to parents and the

community, including the development of information and

reporting systems designed to identify best educational

practices based on scientifically based research or to assist

in linking records of student achievement, length of

enrollment, and graduation over time.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6111, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1873.)

-MISC1-

PRIOR PROVISIONS

A prior section 7301, Pub. L. 89-10, title VI, Sec. 6001, as

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

3707, set forth findings and purpose, prior to the general

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

-CITE-

20 USC Sec. 7301a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 1 - accountability

-HEAD-

Sec. 7301a. Grants for enhanced assessment instruments

-STATUTE-

(a) Grant program authorized

From funds made available to carry out this subpart, the

Secretary shall award, on a competitive basis, grants to State

educational agencies that have submitted an application at such

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

Secretary may require, which demonstrate to the satisfaction of the

Secretary, that the requirements of this section will be met, for

the following:

(1) To enable States (or consortia of States) to collaborate

with institutions of higher education, other research

institutions, or other organizations to improve the quality,

validity, and reliability of State academic assessments beyond

the requirements for such assessments described in section

6311(b)(3) of this title.

(2) To measure student academic achievement using multiple

measures of student academic achievement from multiple sources.

(3) To chart student progress over time.

(4) To evaluate student academic achievement through the

development of comprehensive academic assessment instruments,

such as performance and technology-based academic assessments.

(b) Application

Each State wishing to apply for funds under this section shall

include in its State plan under part A of subchapter I of this

chapter such information as the Secretary may require.

(c) Annual report

Each State educational agency receiving a grant under this

section shall submit an annual report to the Secretary describing

its activities, and the result of those activities, under the

grant.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6112, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1874.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7301b of this title.

-CITE-

20 USC Sec. 7301b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 1 - accountability

-HEAD-

Sec. 7301b. Funding

-STATUTE-

(a) Authorization of appropriations

(1) National assessment of educational progress

For the purpose of administering the State assessments under

the National Assessment of Educational Progress, there are

authorized to be appropriated $72,000,000 for fiscal year 2002,

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

fiscal years.

(2) State assessments and related activities

For the purpose of carrying out this subpart, there are

authorized to be appropriated $490,000,000 for fiscal year 2002,

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

fiscal years.

(b) Allotment of appropriated funds

(1) In general

From amounts made available for each fiscal year under

subsection (a)(2) of this section that are equal to or less than

the amount described in section 6311(b)(3)(D) of this title

(hereinafter in this subsection referred to as the ''trigger

amount''), the Secretary shall -

(A) reserve one-half of 1 percent for the Bureau of Indian

Affairs;

(B) reserve one-half of 1 percent for the outlying areas; and

(C) from the remainder, allocate to each State an amount

equal to -

(i) $3,000,000; and

(ii) with respect to any amounts remaining after the

allocation is made under clause (i), an amount that bears the

same relationship to such total remaining amounts as the

number of students ages 5 through 17 in the State (as

determined by the Secretary on the basis of the most recent

satisfactory data) bears to the total number of such students

in all States.

(2) Remainder

Any amounts remaining for a fiscal year after the Secretary

carries out paragraph (1) shall be made available as follows:

(A)(i) To award funds under section 7301a of this title to

States according to the quality, needs, and scope of the State

application under that section.

(ii) In determining the grant amount under clause (i), the

Secretary shall ensure that a State's grant shall include an

amount that bears the same relationship to the total funds

available under this paragraph for the fiscal year as the

number of students ages 5 through 17 in the State (as

determined by the Secretary on the basis of the most recent

satisfactory data) bears to the total number of such students

in all States.

(B) Any amounts remaining after the Secretary awards funds

under subparagraph (A) shall be allocated to each State that

did not receive a grant under such subparagraph, in an amount

that bears the same relationship to the total funds available

under this subparagraph as the number of students ages 5

through 17 in the State (as determined by the Secretary on the

basis of the most recent satisfactory data) bears to the total

number of such students in all States.

(c) State defined

In this section, the term ''State'' means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6113, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1875.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7302 and 7303 were omitted in the general

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

Section 7302, Pub. L. 89-10, title VI, Sec. 6002, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3707,

related to authorization of appropriations and duration of

assistance. See section 7217e of this title.

Section 7303, Pub. L. 89-10, title VI, Sec. 6003, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3707,

defined ''effective schools programs''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6311 of this title.

-CITE-

20 USC subpart 2 - funding transferability for state and

local educational agencies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 2 - funding transferability for state and local educational

agencies

.

-HEAD-

subpart 2 - funding transferability for state and local educational

agencies

-CITE-

20 USC Sec. 7305 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 2 - funding transferability for state and local educational

agencies

-HEAD-

Sec. 7305. Short title

-STATUTE-

This subpart may be cited as the ''State and Local

Transferability Act''.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6121, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1876.)

-CITE-

20 USC Sec. 7305a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 2 - funding transferability for state and local educational

agencies

-HEAD-

Sec. 7305a. Purpose

-STATUTE-

The purpose of this subpart is to allow States and local

educational agencies the flexibility -

(1) to target Federal funds to Federal programs that most

effectively address the unique needs of States and localities;

and

(2) to transfer Federal funds allocated to other activities to

allocations for certain activities authorized under subchapter I

of this chapter.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6122, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1876.)

-CITE-

20 USC Sec. 7305b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 2 - funding transferability for state and local educational

agencies

-HEAD-

Sec. 7305b. Transferability of funds

-STATUTE-

(a) Transfers by States

(1) In general

In accordance with this subpart, a State may transfer not more

than 50 percent of the nonadministrative State funds (including

funds transferred under paragraph (2)) allotted to the State for

use for State-level activities under the following provisions for

a fiscal year to one or more of the State's allotments for such

fiscal year under any other of such provisions:

(A) Section 6613(a)(3) of this title.

(B) Section 6762(a)(1) of this title.

(C) Subsections (a)(1) (with the agreement of the Governor)

and (c)(1) of section 7112 of this title and section 7172(c)(3)

of this title.

(D) Section 7211a(b) of this title.

(2) Additional funds for subchapter I

In accordance with this subpart and subject to the 50 percent

limitation described in paragraph (1), a State may transfer any

funds allotted to the State under a provision listed in paragraph

(1) to its allotment under subchapter I of this chapter.

(b) Transfers by local educational agencies

(1) Authority to transfer funds

(A) In general

In accordance with this subpart, a local educational agency

(except a local educational agency identified for improvement

under section 6316(c) of this title or subject to corrective

action under section 6316(c)(9) (FOOTNOTE 1) of this title) may

transfer not more than 50 percent of the funds allocated to it

(including funds transferred under subparagraph (C)) under each

of the provisions listed in paragraph (2) for a fiscal year to

one or more of its allocations for such fiscal year under any

other provision listed in paragraph (2).

(FOOTNOTE 1) So in original. Probably should be section

''6316(c)(10)''.

(B) Agencies identified for improvement

In accordance with this subpart, a local educational agency

identified for improvement under section 6316(c) of this title

may transfer not more than 30 percent of the funds allocated to

it (including funds transferred under subparagraph (C)) under

each of the provisions listed in paragraph (2) for a fiscal

year -

(i) to its allocation for school improvement for such

fiscal year under section 6303 of this title; or

(ii) to any other allocation for such fiscal year if such

transferred funds are used only for local educational agency

improvement activities consistent with section 6316(c) of

this title.

(C) Additional funds for subchapter I

In accordance with this subpart and subject to the percentage

limitation described in subparagraph (A) or (B), as applicable,

a local educational agency may transfer funds allocated to such

agency under any of the provisions listed in paragraph (2) for

a fiscal year to its allocation for part A of subchapter I of

this chapter for that fiscal year.

(2) Applicable provisions

A local educational agency may transfer funds under

subparagraph (A), (B), or (C) of paragraph (1) from allocations

made under each of the following provisions:

(A) Section 6621 of this title.

(B) Section 6762(a)(2)(A) of this title.

(C) Section 7112(b)(1) of this title.

(D) Section 7211a(a) of this title.

(c) No transfer of subchapter I funds

A State or a local educational agency may not transfer under this

subpart to any other program any funds allotted or allocated to it

for part A of subchapter I of this chapter.

(d) Modification of plans and applications; notification

(1) State transfers

Each State that makes a transfer of funds under this section

shall -

(A) modify, to account for such transfer, each State plan, or

application submitted by the State, to which such funds relate;

(B) not later than 30 days after the date of such transfer,

submit a copy of such modified plan or application to the

Secretary; and

(C) not later than 30 days before the effective date of such

transfer, notify the Secretary of such transfer.

(2) Local transfers

Each local educational agency that makes a transfer of funds

under this section shall -

(A) modify, to account for such transfer, each local plan, or

application submitted by the agency, to which such funds

relate;

(B) not later than 30 days after the date of such transfer,

submit a copy of such modified plan or application to the

State; and

(C) not later than 30 days before the effective date of such

transfer, notify the State of such transfer.

(e) Applicable rules

(1) In general

Except as otherwise provided in this subpart, funds transferred

under this section are subject to each of the rules and

requirements applicable to the funds under the provision to which

the transferred funds are transferred.

(2) Consultation

Each State educational agency or local educational agency that

transfers funds under this section shall conduct consultations in

accordance with section 7881 of this title, if such transfer

transfers funds from a program that provides for the

participation of students, teachers, or other educational

personnel, from private schools.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6123, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1876.)

-CITE-

20 USC subpart 3 - state and local flexibility

demonstration 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

.

-HEAD-

subpart 3 - state and local flexibility demonstration

-CITE-

20 USC Sec. 7311 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

-HEAD-

Sec. 7311. Short title

-STATUTE-

This subpart may be cited as the ''State and Local Flexibility

Demonstration Act''.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6131, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1878.)

-MISC1-

PRIOR PROVISIONS

A prior section 7311, Pub. L. 89-10, title VI, Sec. 6101, as

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

3708, related to allotment to States, prior to the general

amendment of this subchapter by Pub. L. 107-110. See section 7211

of this title.

-CITE-

20 USC Sec. 7311a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

-HEAD-

Sec. 7311a. Purpose

-STATUTE-

The purpose of this subpart is to create options for selected

State educational agencies and local educational agencies -

(1) to improve the academic achievement of all students, and to

focus the resources of the Federal Government upon such

achievement;

(2) to improve teacher quality and subject matter mastery,

especially in mathematics, reading, and science;

(3) to better empower parents, educators, administrators, and

schools to effectively address the needs of their children and

students;

(4) to give participating State educational agencies and local

educational agencies greater flexibility in determining how to

increase their students' academic achievement and implement

education reforms in their schools;

(5) to eliminate barriers to implementing effective State and

local education reform, while preserving the goals of opportunity

for all students and accountability for student progress;

(6) to hold participating State educational agencies and local

educational agencies accountable for increasing the academic

achievement of all students, especially disadvantaged students;

and

(7) to narrow achievement gaps between the lowest and highest

achieving groups of students so that no child is left behind.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6132, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1878.)

-CITE-

20 USC Sec. 7311b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

-HEAD-

Sec. 7311b. General provision

-STATUTE-

For purposes of this subpart, any State that is one local

educational agency shall be considered a State educational agency

and not a local educational agency.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6133, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1878.)

-MISC1-

PRIOR PROVISIONS

A prior section 7312, Pub. L. 89-10, title VI, Sec. 6102, as

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

3708, which related to allocation to local educational agencies,

was omitted in the general amendment of this subchapter by Pub. L.

107-110. See section 7211a of this title.

-CITE-

20 USC Division A - State Flexibility Authority 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division A - State Flexibility Authority

.

-HEAD-

Division A - State Flexibility Authority

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in section 7321 of this title.

-CITE-

20 USC Sec. 7315 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division A - State Flexibility Authority

-HEAD-

Sec. 7315. State flexibility

-STATUTE-

(a) Flexibility authority

Except as otherwise provided in this division, the Secretary

shall, on a competitive basis, grant flexibility authority to not

more than seven eligible State educational agencies, under which

the agencies may consolidate and use funds in accordance with

section 7315a of this title.

(b) Definitions

In this division:

(1) Eligible State educational agency

The term ''eligible State educational agency'' means a State

educational agency that -

(A) submits an approvable application under subsection (c) of

this section; and

(B) proposes performance agreements -

(i) that shall be entered into with not fewer than 4, and

not more than 10, local educational agencies;

(ii) not fewer than half of which shall be entered into

with high-poverty local educational agencies; and

(iii) that require the local educational agencies described

in clause (i) to align their use of consolidated funds under

section 7321a of this title with the State educational

agency's use of consolidated funds under section 7315a of

this title.

(2) High-poverty local educational agency

The term ''high-poverty local educational agency'' means a

local educational agency for which 20 percent or more of the

children who are age 5 through 17, and served by the local

educational agency, are from families with incomes below the

poverty line.

(c) State applications

(1) Applications

To be eligible to receive flexibility authority under this

division, a State educational agency shall submit an application

to the Secretary at such time, in such manner, and containing

such information as the Secretary may require, including -

(A) information demonstrating, to the satisfaction of the

Secretary, that the grant of authority offers substantial

promise of -

(i) assisting the State educational agency in making

adequate yearly progress, as defined under section 6311(b)(2)

of this title; and

(ii) aligning State and local reforms and assisting the

local educational agencies that enter into performance

agreements with the State educational agency under paragraph

(2) in making such adequate yearly progress;

(B) the performance agreements that the State educational

agency proposes to enter into with eligible local educational

agencies under paragraph (2);

(C) information demonstrating that the State educational

agency has consulted with and involved parents, representatives

of local educational agencies, and other educators in the

development of the terms of the grant of authority;

(D) a provision specifying that the grant of flexibility

authority shall be for a term of not more than 5 years;

(E) a list of the programs described in section 7315a(b) of

this title that are included in the scope of the grant of

authority;

(F) a provision specifying that no requirements of any

program described in section 7315a(b) of this title and

included by a State educational agency in the scope of the

grant of authority shall apply to that agency, except as

otherwise provided in this division;

(G) a 5-year plan describing how the State educational agency

intends to consolidate and use the funds from programs included

in the scope of the grant of authority, for any educational

purpose authorized under this chapter, in order to make

adequate yearly progress and advance the education priorities

of the State and the local educational agencies with which the

State educational agency enters into performance agreements;

(H) an assurance that the State educational agency will

provide parents, teachers, and representatives of local

educational agencies and schools with notice and an opportunity

to comment on the proposed terms of the grant of authority;

(I) an assurance that the State educational agency, and the

local educational agencies with which the State educational

agency enters into performance agreements, will use fiscal

control and fund accounting procedures that will ensure proper

disbursement of, and accounting for, Federal funds consolidated

and used under the grant of authority;

(J) an assurance that the State educational agency, and the

local educational agencies with which the State educational

agency enters into performance agreements, will meet the

requirements of all applicable Federal civil rights laws in

carrying out the grant of authority, including consolidating

and using funds under the grant of authority;

(K) an assurance that, in consolidating and using funds under

the grant of authority -

(i) the State educational agency, and the local educational

agencies with which the State educational agency enters into

performance agreements, will provide for the equitable

participation of students and professional staff in private

schools consistent with section 7881 of this title; and

(ii) that sections 7882, 7883, and 7884 of this title shall

apply to all services and assistance provided with such funds

in the same manner as such sections apply to services and

assistance provided in accordance with section 7881 of this

title;

(L) an assurance that the State educational agency will, for

the duration of the grant of authority, use funds consolidated

under section 7315a of this title only to supplement the amount

of funds that would, in the absence of those Federal funds, be

made available from non-Federal sources for the education of

students participating in programs assisted with the

consolidated funds, and not to supplant those funds; and

(M) an assurance that the State educational agency shall, not

later than 1 year after the date on which the Secretary makes

the grant of authority, and annually thereafter during the term

of the grant of authority, disseminate widely to parents and

the general public, transmit to the Secretary, distribute to

print and broadcast media, and post on the Internet, a report,

which shall include a detailed description of how the State

educational agency, and the local educational agencies with

which the State educational agency enters into performance

agreements, used the funds consolidated under the grant of

authority to make adequate yearly progress and advance the

education priorities of the State and local educational

agencies in the State.

(2) Proposed performance agreements with local educational

agencies

(A) In general

A State educational agency that wishes to receive flexibility

authority under this subpart shall propose performance

agreements that meet the requirements of clauses (i) and (ii)

of subsection (b)(1)(B) of this section (subject to approval of

the application or amendment involved under subsection (d) or

(e) of this section).

(B) Performance agreements

Each proposed performance agreement with a local educational

agency shall -

(i) contain plans for the local educational agency to

consolidate and use funds in accordance with section 7321a of

this title, for activities that are aligned with the State

educational agency's plan described in paragraph (1)(G);

(ii) be subject to the requirements of division B of this

subpart relating to agreements between the Secretary and a

local educational agency, except -

(I) that, as appropriate, references in that division to

the Secretary shall be deemed to be references to the State

educational agency; and

(II) as otherwise provided in this division; and

(iii) contain an assurance that the local educational

agency will, for the duration of the grant of authority, use

funds consolidated under section 7321a of this title only to

supplement the amount of funds that would, in the absence of

those Federal funds, be made available from non-Federal

sources for the education of students participating in

programs assisted with the consolidated funds, and not to

supplant those funds.

(d) Approval and selection

The Secretary shall -

(1) establish a peer review process to assist in the review of

proposed State applications under this section; and

(2) appoint individuals to participate in the peer review

process who are -

(A) representative of parents, teachers, State educational

agencies, and local educational agencies; and

(B) familiar with educational standards, assessments,

accountability, curricula, instruction, and staff development,

and other diverse educational needs of students.

(e) Amendment to grant of authority

(1) In general

Subject to paragraph (2), the Secretary shall amend the grant

of flexibility authority made to a State educational agency under

this division, in each of the following circumstances:

(A) Reduction in scope of the grant of authority

Not later than 1 year after receiving a grant of flexibility

authority, the State educational agency seeks to amend the

grant of authority to remove from the scope of the grant of

authority any program described in section 7315a(b) of this

title.

(B) Expansion of scope of the grant of authority

Not later than 1 year after receiving a grant of flexibility

authority, the State educational agency seeks to amend the

grant of authority to include in the scope of the grant of

authority any additional program described in section 7315a(b)

of this title or any additional achievement indicators for

which the State will be held accountable.

(C) Changes with respect to number of performance agreements

The State educational agency seeks to amend the grant of

authority to include or remove performance agreements that the

State educational agency proposes to enter into with eligible

local educational agencies, except that in no case may the

State educational agency enter into performance agreements that

do not meet the requirements of clauses (i) and (ii) of

subsection (b)(1)(B) of this section.

(2) Approval and disapproval

(A) Deemed approval

A proposed amendment to a grant of flexibility authority

submitted by a State educational agency pursuant to paragraph

(1) shall be deemed to be approved by the Secretary unless the

Secretary makes a written determination, prior to the

expiration of the 120-day period beginning on the date on which

the Secretary received the proposed amendment, that the

proposed amendment is not in compliance with this division.

(B) Disapproval

The Secretary shall not finally disapprove the proposed

amendment, except after giving the State educational agency

notice and an opportunity for a hearing.

(C) Notification

If the Secretary finds that the proposed amendment is not in

compliance, in whole or in part, with this division, the

Secretary shall -

(i) give the State educational agency notice and an

opportunity for a hearing; and

(ii) notify the State educational agency of the finding of

noncompliance and, in such notification, shall -

(I) cite the specific provisions in the proposed

amendment that are not in compliance; and

(II) request additional information, only as to the

noncompliant provisions, needed to make the proposed

amendment compliant.

(D) Response

If the State educational agency responds to the Secretary's

notification described in subparagraph (C)(ii) during the

45-day period beginning on the date on which the agency

received the notification, and resubmits the proposed amendment

with the requested information described in subparagraph

(C)(ii)(II), the Secretary shall approve or disapprove such

proposed amendment prior to the later of -

(i) the expiration of the 45-day period beginning on the

date on which the proposed amendment is resubmitted; or

(ii) the expiration of the 120-day period described in

subparagraph (A).

(E) Failure to respond

If the State educational agency does not respond to the

Secretary's notification described in subparagraph (C)(ii)

during the 45-day period beginning on the date on which the

agency received the notification, such proposed amendment shall

be deemed to be disapproved.

(3) Treatment of program funds withdrawn from grant of authority

Beginning on the effective date of an amendment executed under

paragraph (1)(A), each program requirement of each program

removed from the scope of a grant of authority shall apply to the

use of funds made available under the program by the State

educational agency and each local educational agency with which

the State educational agency has a performance agreement.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6141, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1879.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7315b, 7315c of this

title.

-CITE-

20 USC Sec. 7315a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division A - State Flexibility Authority

-HEAD-

Sec. 7315a. Consolidation and use of funds

-STATUTE-

(a) In general

(1) Authority

Under a grant of flexibility authority made under this

division, a State educational agency may consolidate Federal

funds described in subsection (b) of this section and made

available to the agency, and use such funds for any educational

purpose authorized under this chapter.

(2) Program requirements

Except as otherwise provided in this division, a State

educational agency may use funds under paragraph (1)

notwithstanding the program requirements of the program under

which the funds were made available to the State.

(b) Eligible funds and programs

(1) Funds

The funds described in this subsection are funds, for

State-level activities and State administration, that are

described in the following provisions:

(A) Section 6304 of this title.

(B) Paragraphs (4) and (5) of section 6362(d) of this title.

(C) Section 6613(a)(3) of this title.

(D) Section 6762(a)(1) of this title.

(E) Subsections (a) (with the agreement of the Governor),

(b)(2), and (c)(1) of section 7112 of this title.

(F) Paragraphs (2) and (3) of section 7172(c) of this title.

(G) Section 7211a(b) of this title.

(2) Programs

The programs described in this subsection are the programs

authorized to be carried out with funds described in paragraph

(1).

(c) Special rule

A State educational agency that receives a grant of flexibility

authority under this division -

(1) shall ensure that the funds described in section 7211a(a)

of this title are allocated to local educational agencies in the

State in accordance with section 7211a(a) of this title; but

(2) may specify how the local educational agencies shall use

the allocated funds.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6142, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1883.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7315 of this title.

-CITE-

20 USC Sec. 7315b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division A - State Flexibility Authority

-HEAD-

Sec. 7315b. Performance review and penalties

-STATUTE-

(a) Midterm review

(1) Failure to make adequate yearly progress

If, during the term of a grant of flexibility authority under

this division, a State educational agency fails to make adequate

yearly progress for 2 consecutive years, the Secretary shall,

after providing notice and an opportunity for a hearing,

terminate the grant of authority promptly.

(2) Noncompliance

The Secretary may, after providing notice and an opportunity

for a hearing (including the opportunity to provide evidence as

described in paragraph (3)), terminate a grant of flexibility

authority for a State if there is evidence that the State

educational agency involved has failed to comply with the terms

of the grant of authority.

(3) Evidence

If a State educational agency believes that a determination of

the Secretary under this subsection is in error for statistical

or other substantive reasons, the State educational agency may

provide supporting evidence to the Secretary, and the Secretary

shall consider that evidence before making a final termination

determination under this subsection.

(b) Final review

(1) In general

If, at the end of the 5-year term of a grant of flexibility

authority made under this division, the State educational agency

has not met the requirements described in section 7315(c) of this

title, the Secretary may not renew the grant of flexibility

authority under section 7315c of this title.

(2) Compliance

Beginning on the date on which such term ends, the State

educational agency, and the local educational agencies with which

the State educational agency has entered into performance

agreements, shall be required to comply with each of the program

requirements in effect on such date for each program that was

included in the grant of authority.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6143, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1883.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7315c of this title.

-CITE-

20 USC Sec. 7315c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division A - State Flexibility Authority

-HEAD-

Sec. 7315c. Renewal of grant of flexibility authority

-STATUTE-

(a) In general

Except as provided in section 7315b of this title and in

accordance with this section, if a State educational agency has

met, by the end of the original 5-year term of a grant of

flexibility authority under this division, the requirements

described in section 7315(c) of this title, the Secretary shall

renew a grant of flexibility authority for one additional 5-year

term.

(b) Renewal

The Secretary may not renew a grant of flexibility authority

under this division unless, not later than 6 months before the end

of the original term of the grant of authority, the State

educational agency seeking the renewal notifies the Secretary, and

the local educational agencies with which the State educational

agency has entered into performance agreements, of the agency's

intention to renew the grant of authority.

(c) Effective date

A renewal under this section shall be effective on the later of -

(1) the expiration of the original term of the grant of

authority; or

(2) the date on which the State educational agency seeking the

renewal provides to the Secretary all data required for the

application described in section 7315(c) of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6144, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1884.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7315b of this title.

-CITE-

20 USC Division B - Local Flexibility Demonstration 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

.

-HEAD-

Division B - Local Flexibility Demonstration

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in section 7315 of this title.

-CITE-

20 USC Sec. 7321 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321. Local flexibility demonstration agreements

-STATUTE-

(a) Authority

Except as otherwise provided in this division, the Secretary

shall, on a competitive basis, enter into local flexibility

demonstration agreements -

(1) with local educational agencies that submit approvable

proposed agreements under subsection (c) of this section and that

are selected under subsection (b) of this section; and

(2) under which those agencies may consolidate and use funds in

accordance with section 7321a of this title.

(b) Selection of local educational agencies

(1) In general

Subject to paragraph (2), the Secretary shall enter into local

flexibility demonstration agreements under this division with not

more than 80 local educational agencies. Each local educational

agency shall be selected on a competitive basis from among those

local educational agencies that -

(A) submit a proposed local flexibility demonstration

agreement under subsection (c) of this section to the Secretary

and demonstrate, to the satisfaction of the Secretary, that the

agreement -

(i) has a substantial promise of assisting the local

educational agency in meeting the State's definition of

adequate yearly progress, advancing the education priorities

of the local educational agency, meeting the general purposes

of the programs included under this division and the purposes

of this part, improving student achievement, and narrowing

achievement gaps in accordance with section 6311(b) of this

title;

(ii) meets the requirements of this division; and

(iii) contains a plan to consolidate and use funds in

accordance with section 7321a of this title in order to meet

the State's definition of adequate yearly progress and the

local educational agency's specific, measurable goals for

improving student achievement and narrowing achievement gaps;

and

(B) have consulted and involved parents and other educators

in the development of the proposed local flexibility

demonstration agreement.

(2) Geographic distribution

(A) Initial agreements

The Secretary may enter into not more than three local

flexibility demonstration agreements under this division with

local educational agencies in each State that does not have a

grant of flexibility authority under division A of this

subpart.

(B) Urban and rural areas

If more than three local educational agencies in a State

submit approvable local flexibility demonstration agreements

under this division, the Secretary shall select local

educational agencies with which to enter into such agreements

in a manner that ensures an equitable distribution among such

agencies serving urban and rural areas.

(C) Priority of States to enter into State flexibility

demonstration agreements

Notwithstanding any other provision of this part, a local

educational agency may not seek to enter into a local

flexibility demonstration agreement under this division if that

agency is located in a State for which the State educational

agency -

(i) has, not later than 4 months after January 8, 2002,

notified the Secretary of its intent to apply for a grant of

flexibility authority under division A of this subpart and,

within such period of time as the Secretary may establish, is

provided with such authority by the Secretary; or

(ii) has, at any time after such period, been granted

flexibility authority under division A of this subpart.

(c) Required terms of local flexibility demonstration agreement

Each local flexibility demonstration agreement entered into with

the Secretary under this division shall contain each of the

following terms:

(1) Duration

The local flexibility demonstration agreement shall be for a

term of 5 years.

(2) Application of program requirements

The local flexibility demonstration agreement shall provide

that no requirements of any program described in section 7321a of

this title and included by a local educational agency in the

scope of its agreement shall apply to that agency, except as

otherwise provided in this division.

(3) List of programs

The local flexibility demonstration agreement shall list which

of the programs described in section 7321a of this title are

included in the scope of the agreement.

(4) Use of funds to improve student achievement

The local flexibility demonstration agreement shall contain a

5-year plan describing how the local educational agency intends

to consolidate and use the funds from programs included in the

scope of the agreement for any educational purpose authorized

under this chapter to advance the education priorities of the

local educational agency, meet the general purposes of the

included programs, improve student achievement, and narrow

achievement gaps in accordance with section 6311(b) of this

title.

(5) Local input

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency will provide parents,

teachers, and representatives of schools with notice and an

opportunity to comment on the proposed terms of the local

flexibility demonstration agreement.

(6) Fiscal responsibilities

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency will use fiscal

control and fund accounting procedures that will ensure proper

disbursement of, and accounting for, Federal funds consolidated

and used under the agreement.

(7) Civil rights

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency will meet the

requirements of all applicable Federal civil rights laws in

carrying out the agreement and in consolidating and using the

funds under the agreement.

(8) Private school participation

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency agrees that in

consolidating and using funds under the agreement -

(A) the local educational agency, will provide for the

equitable participation of students and professional staff in

private schools consistent with section 7881 of this title; and

(B) that sections 7882, 7883, and 7884 of this title shall

apply to all services and assistance provided with such funds

in the same manner as such sections apply to services and

assistance provided in accordance with section 7881 of this

title.

(9) Supplanting

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency will, for the

duration of the grant of authority, use funds consolidated under

section 7321a of this title only to supplement the amount of

funds that would, in the absence of those Federal funds, be made

available from non-Federal sources for the education of students

participating in programs assisted with the consolidated funds,

and not to supplant those funds.

(10) Annual reports

The local flexibility demonstration agreement shall contain an

assurance that the local educational agency shall, not later than

1 year after the date on which the Secretary enters into the

agreement, and annually thereafter during the term of the

agreement, disseminate widely to parents and the general public,

transmit to the Secretary, and the State educational agency for

the State in which the local educational agency is located,

distribute to print and broadcast media, and post on the

Internet, a report that includes a detailed description of how

the local educational agency used the funds consolidated under

the agreement to improve student academic achievement and reduce

achievement gaps.

(d) Peer review

The Secretary shall -

(1) establish a peer review process to assist in the review of

proposed local flexibility demonstration agreements under this

division; and

(2) appoint individuals to the peer review process who are

representative of parents, teachers, State educational agencies,

and local educational agencies, and who are familiar with

educational standards, assessments, accountability, curriculum,

instruction and staff development, and other diverse educational

needs of students.

(e) Amendment to performance agreement

(1) In general

In each of the following circumstances, the Secretary shall

amend a local flexibility demonstration agreement entered into

with a local educational agency under this division:

(A) Reduction in scope of local flexibility demonstration

agreement

Not later than 1 year after entering into a local flexibility

demonstration agreement, the local educational agency seeks to

amend the agreement to remove from the scope any program

described in section 7321a of this title.

(B) Expansion of scope of local flexibility demonstration

agreement

Not later than 1 year after entering into the local

flexibility demonstration agreement, a local educational agency

seeks to amend the agreement to include in its scope any

additional program described in section 7321a of this title

(FOOTNOTE 1) or any additional achievement indicators for which

the local educational agency will be held accountable.

(FOOTNOTE 1) See References in Text note below.

(2) Approval and disapproval

(A) Deemed approval

A proposed amendment to a local flexibility demonstration

agreement pursuant to paragraph (1) shall be deemed to be

approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120-day period

beginning on the date on which the Secretary received the

proposed amendment, that the proposed amendment is not in

compliance with this division.

(B) Disapproval

The Secretary shall not finally disapprove the proposed

amendment, except after giving the local educational agency

notice and an opportunity for a hearing.

(C) Notification

If the Secretary finds that the proposed amendment is not in

compliance, in whole or in part, with this division, the

Secretary shall -

(i) give the local educational agency notice and an

opportunity for a hearing; and

(ii) notify the local educational agency of the finding of

noncompliance and, in such notification, shall -

(I) cite the specific provisions in the proposed

amendment that are not in compliance; and

(II) request additional information, only as to the

noncompliant provisions, needed to make the proposed

amendment compliant.

(D) Response

If the local educational agency responds to the Secretary's

notification described in subparagraph (C)(ii) during the

45-day period beginning on the date on which the agency

received the notification, and resubmits the proposed amendment

with the requested information described in subparagraph

(C)(ii)(II), the Secretary shall approve or disapprove such

proposed amendment prior to the later of -

(i) the expiration of the 45-day period beginning on the

date on which the proposed amendment is resubmitted; or

(ii) the expiration of the 120-day period described in

subparagraph (A).

(E) Failure to respond

If the local educational agency does not respond to the

Secretary's notification described in subparagraph (C)(ii)

during the 45-day period beginning on the date on which the

agency received the notification, such proposed amendment shall

be deemed to be disapproved.

(3) Treatment of program funds withdrawn from agreement

Beginning on the effective date of an amendment executed under

paragraph (1)(A), each program requirement of each program

removed from the scope of a local flexibility demonstration

agreement shall apply to the use of funds made available under

the program by the local educational agency.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6151, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1884.)

-REFTEXT-

REFERENCES IN TEXT

Section 7321a of this title, referred to in subsec. (e)(1)(B),

was in the original ''section 6251'', meaning section 6251 of Pub.

L. 89-10, which was translated as reading section 6152 of that Act

to reflect the probable intent of Congress, because that Act does

not contain a section 6251, and section 6152 of that Act describes

programs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7321c, 7321d, 7321e of

this title.

-CITE-

20 USC Sec. 7321a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321a. Consolidation and use of funds

-STATUTE-

(a) In general

(1) Authority

Under a local flexibility demonstration agreement entered into

under this division, a local educational agency may consolidate

Federal funds made available to the agency under the provisions

listed in subsection (b) of this section and use such funds for

any educational purpose permitted under this chapter.

(2) Program requirements

Except as otherwise provided in this division, a local

educational agency may use funds under paragraph (1)

notwithstanding the program requirements of the program under

which the funds were made available to the agency.

(b) Eligible programs

Program funds made available to local educational agencies on the

basis of a formula under the following provisions may be

consolidated and used under subsection (a) of this section:

(1) Subpart 2 of part A of subchapter II of this chapter.

(2) Subpart 1 of part D of subchapter II of this chapter.

(3) Subpart 1 of part A of subchapter IV of this chapter.

(4) Subpart 1 of part A of subchapter V of this chapter.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6152, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1888.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7315, 7321 of this title.

-CITE-

20 USC Sec. 7321b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321b. Limitations on administrative expenditures

-STATUTE-

Each local educational agency that has entered into a local

flexibility demonstration agreement with the Secretary under this

division may use for administrative purposes not more than 4

percent of the total amount of funds allocated to the agency under

the programs included in the scope of the agreement.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6153, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1889.)

-CITE-

20 USC Sec. 7321c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321c. Performance review and penalties

-STATUTE-

(a) Midterm review

(1) Failure to make adequate yearly progress

If, during the term of a local flexibility demonstration

agreement, a local educational agency fails to make adequate

yearly progress for 2 consecutive years, the Secretary shall,

after notice and opportunity for a hearing, promptly terminate

the agreement.

(2) Noncompliance

The Secretary may, after providing notice and an opportunity

for a hearing (including the opportunity to provide information

as provided for in paragraph (3)), terminate a local flexibility

demonstration agreement under this division if there is evidence

that the local educational agency has failed to comply with the

terms of the agreement.

(3) Evidence

If a local educational agency believes that the Secretary's

determination under this subsection is in error for statistical

or other substantive reasons, the local educational agency may

provide supporting evidence to the Secretary, and the Secretary

shall consider that evidence before making a final early

termination determination.

(b) Final review

If, at the end of the 5-year term of a local flexibility

demonstration agreement entered into under this chapter, the local

educational agency has not met the requirements described in

section 7321(c) of this title, the Secretary may not renew the

agreement under section 7321d of this title and, beginning on the

date on which such term ends, the local educational agency shall be

required to comply with each of the program requirements in effect

on such date for each program included in the local flexibility

demonstration agreement.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6154, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7321d of this title.

-CITE-

20 USC Sec. 7321d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321d. Renewal of local flexibility demonstration agreement

-STATUTE-

(a) In general

Except as provided in section 7321c of this title and in

accordance with this section, the Secretary shall renew for one

additional 5-year term a local flexibility demonstration agreement

entered into under this division if the local educational agency

has met, by the end of the original term of the agreement, the

requirements described in section 7321(c) of this title.

(b) Notification

The Secretary may not renew a local flexibility demonstration

agreement under this division unless, not less than 6 months before

the end of the original term of the agreement, the local

educational agency seeking the renewal notifies the Secretary of

its intention to renew.

(c) Effective date

A renewal under this section shall be effective at the end of the

original term of the agreement or on the date on which the local

educational agency seeking renewal provides to the Secretary all

data required under the agreement, whichever is later.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6155, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7321c of this title.

-CITE-

20 USC Sec. 7321e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 3 - state and local flexibility demonstration

Division B - Local Flexibility Demonstration

-HEAD-

Sec. 7321e. Reports

-STATUTE-

(a) Transmittal to Congress

Not later than 60 days after the Secretary receives a report

described in section 7321(b)(10) (FOOTNOTE 1) of this title, the

Secretary shall make the report available 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.

(FOOTNOTE 1) So in original. Probably should be section

''7321(c)(10)''.

(b) Limitation

A State in which a local educational agency that has a local

flexibility demonstration agreement is located may not require such

local educational agency to provide any application information

with respect to the programs included within the scope of that

agreement other than that information that is required to be

included in the report described in section 7321(b)(10) (FOOTNOTE

1) of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6156, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1890.)

-CITE-

20 USC subpart 4 - state accountability for adequate

yearly progress 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 4 - state accountability for adequate yearly progress

.

-HEAD-

subpart 4 - state accountability for adequate yearly progress

-CITE-

20 USC Sec. 7325 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 4 - state accountability for adequate yearly progress

-HEAD-

Sec. 7325. Accountability for adequate yearly progress

-STATUTE-

In the case of a State educational agency that has a plan

approved under subpart 1 of part A of subchapter I of this chapter

after January 8, 2002, and has a plan approved under subpart 1 of

part A of subchapter III of this chapter after January 8, 2002, the

Secretary shall annually, starting with the beginning of the first

school year following the first two school years for which such

plans were implemented, review whether the State has -

(1) made adequate yearly progress, as defined in section

6311(b)(2)(B) of this title, for each of the groups of students

described in section 6311(b)(2)(C)(v) of this title; and

(2) met its annual measurable achievement objectives under

section 6842(a) of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6161, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7325b, 7325c of this

title.

-CITE-

20 USC Sec. 7325a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 4 - state accountability for adequate yearly progress

-HEAD-

Sec. 7325a. Peer review

-STATUTE-

The Secretary shall use a peer review process to review, based on

data from the State assessments administered under section

6311(b)(3) of this title and on data from the evaluations conducted

under section 6841 of this title, whether the State has failed to

make adequate yearly progress for 2 consecutive years or whether

the State has met its annual measurable achievement objectives.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6162, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1890.)

-CITE-

20 USC Sec. 7325b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 4 - state accountability for adequate yearly progress

-HEAD-

Sec. 7325b. Technical assistance

-STATUTE-

(a) Provision of assistance

(1) Adequate yearly progress

Based on the review described in section 7325(1) of this title,

the Secretary shall provide technical assistance to a State that

has failed to make adequate yearly progress, as defined in

section 6311(b)(2) of this title, for 2 consecutive years. The

Secretary shall provide such assistance not later than the

beginning of the first school year that begins after such

determination is made.

(2) Annual measurable achievement objectives

Based on the reviews described in section 7325(2) of this

title, the Secretary may provide technical assistance to a State

that has failed to meet its annual measurable achievement

objectives under section 6842(a) of this title for 2 consecutive

years. The Secretary shall provide such assistance not later

than the beginning of the first school year that begins after

such determination is made.

(b) Characteristics

The technical assistance described in subsection (a) of this

section shall -

(1) be valid, reliable and rigorous; and

(2) provide constructive feedback to help the State make

adequate yearly progress, as defined in section 6311(b)(2) of

this title, or meet the annual measurable achievement objectives

under section 6842(a) of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6163, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7325c of this title.

-CITE-

20 USC Sec. 7325c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

PART A - IMPROVING ACADEMIC ACHIEVEMENT

subpart 4 - state accountability for adequate yearly progress

-HEAD-

Sec. 7325c. Report to Congress

-STATUTE-

Beginning with the school year that begins in 2005, the Secretary

shall submit an annual report 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 containing the

following:

(1) A list of each State that has not made adequate yearly

progress based on the review conducted under section 7325(1) of

this title.

(2) A list of each State that has not met its annual measurable

achievement objectives based on the review conducted under

section 7325(2) of this title.

(3) The information reported by the State to the Secretary

pursuant to section 6319(a) of this title.

(4) A description of any technical assistance provided pursuant

to section 7325b of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6164, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7331 and 7332 were omitted in the general

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

Section 7331, Pub. L. 89-10, title VI, Sec. 6201, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3709;

amended Pub. L. 105-278, Sec. 2(1), Oct. 22, 1998, 112 Stat. 2682,

related to State uses of funds. See section 7213 of this title.

Section 7332, Pub. L. 89-10, title VI, Sec. 6202, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3710,

related to State applications. See section 7213a of this title.

-CITE-

20 USC Part B - Rural Education Initiative 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

.

-HEAD-

Part B - Rural Education Initiative

-CITE-

20 USC Sec. 7341 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

-HEAD-

Sec. 7341. Short title

-STATUTE-

This part may be cited as the ''Rural Education Achievement

Program''.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6201, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

A prior section 6201 of Pub. L. 89-10 was classified to section

7331 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

Another prior section 6201 of Pub. L. 89-10 was classified to

section 3271 of this title, prior to the general amendment of Pub.

L. 89-10 by Pub. L. 103-382.

-CITE-

20 USC Sec. 7341a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

-HEAD-

Sec. 7341a. Purpose

-STATUTE-

It is the purpose of this part to address the unique needs of

rural school districts that frequently -

(1) lack the personnel and resources needed to compete

effectively for Federal competitive grants; and

(2) receive formula grant allocations in amounts too small to

be effective in meeting their intended purposes.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6202, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1891.)

-MISC1-

PRIOR PROVISIONS

A prior section 6202 of Pub. L. 89-10 was classified to section

7332 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

Another prior section 6202 of Pub. L. 89-10 was classified to

section 3272 of this title, prior to the general amendment of Pub.

L. 89-10 by Pub. L. 103-382.

-CITE-

20 USC subpart 1 - small, rural school achievement

program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 1 - small, rural school achievement program

.

-HEAD-

subpart 1 - small, rural school achievement program

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7355a, 7355c of this

title.

-CITE-

20 USC Sec. 7345 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 1 - small, rural school achievement program

-HEAD-

Sec. 7345. Use of applicable funding

-STATUTE-

(a) Alternative uses

(1) In general

Notwithstanding any other provision of law, an eligible local

educational agency may use the applicable funding that the agency

is eligible to receive from the State educational agency for a

fiscal year to carry out local activities authorized under any of

the following provisions:

(A) Part A of subchapter I of this chapter.

(B) Part A or D of subchapter II of this chapter.

(C) Subchapter III of this chapter.

(D) Part A or B of subchapter IV of this chapter.

(E) Part A of subchapter V of this chapter.

(2) Notification

An eligible local educational agency shall notify the State

educational agency of the local educational agency's intention to

use the applicable funding in accordance with paragraph (1), by a

date that is established by the State educational agency for the

notification.

(b) Eligibility

(1) In general

A local educational agency shall be eligible to use the

applicable funding in accordance with subsection (a) of this

section if -

(A)(i)(I) the total number of students in average daily

attendance at all of the schools served by the local

educational agency is fewer than 600; or

(II) each county in which a school served by the local

educational agency is located has a total population density of

fewer than 10 persons per square mile; and

(ii) all of the schools served by the local educational

agency are designated with a school locale code of 7 or 8, as

determined by the Secretary; or

(B) the agency meets the criteria established in subparagraph

(A)(i) and the Secretary, in accordance with paragraph (2),

grants the local educational agency's request to waive the

criteria described in subparagraph (A)(ii).

(2) Certification

The Secretary shall determine whether to waive the criteria

described in paragraph (1)(A)(ii) based on a demonstration by the

local educational agency, and concurrence by the State

educational agency, that the local educational agency is located

in an area defined as rural by a governmental agency of the

State.

(c) Applicable funding defined

In this section, the term ''applicable funding'' means funds

provided under any of the following provisions:

(1) Subpart 2 of this part and section 6762(a)(2)(A) of this

title.

(2) Section 7114 of this title.

(3) Part A of subchapter V of this chapter.

(d) Disbursement

Each State educational agency that receives applicable funding

for a fiscal year shall disburse the applicable funding to local

educational agencies for alternative uses under this section for

the fiscal year at the same time as the State educational agency

disburses the applicable funding to local educational agencies that

do not intend to use the applicable funding for such alternative

uses for the fiscal year.

(e) Applicable rules

Applicable funding under this section shall be available to carry

out local activities authorized under subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6211, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1891.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7345a, 7345b of this

title.

-CITE-

20 USC Sec. 7345a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 1 - small, rural school achievement program

-HEAD-

Sec. 7345a. Grant program authorized

-STATUTE-

(a) In general

The Secretary is authorized to award grants to eligible local

educational agencies to enable the local educational agencies to

carry out activities authorized under any of the following

provisions:

(1) Part A of subchapter I of this chapter.

(2) Part A or D of subchapter II of this chapter.

(3)Subchapter III of this chapter.

(4) Part A or B of subchapter IV of this chapter.

(5) Part A of subchapter V of this chapter.

(b) Allocation

(1) In general

Except as provided in paragraph (3), the Secretary shall award

a grant under subsection (a) of this section to a local

educational agency eligible under section 7345(b) of this title

for a fiscal year in an amount equal to the initial amount

determined under paragraph (2) for the fiscal year minus the

total amount received by the agency under the provisions of law

described in section 7345(c) of this title for the preceding

fiscal year.

(2) Determination of initial amount

The initial amount referred to in paragraph (1) is equal to

$100 multiplied by the total number of students in excess of 50

students, in average daily attendance at the schools served by

the local educational agency, plus $20,000, except that the

initial amount may not exceed $60,000.

(3) Ratable adjustment

(A) In general

If the amount made available to carry out this section for

any fiscal year is not sufficient to pay in full the amounts

that local educational agencies are eligible to receive under

paragraph (1) for such year, the Secretary shall ratably reduce

such amounts for such year.

(B) Additional amounts

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.

(c) Disbursement

The Secretary shall disburse the funds awarded to a local

educational agency under this section for a fiscal year not later

than July 1 of that fiscal year.

(d) Special eligibility rule

A local educational agency that is eligible to receive a grant

under this subpart for a fiscal year is not eligible to receive

funds for such fiscal year under subpart 2 of this part.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6212, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1892.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7355 of this title.

-CITE-

20 USC Sec. 7345b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 1 - small, rural school achievement program

-HEAD-

Sec. 7345b. Accountability

-STATUTE-

(a) Academic achievement assessment

Each local educational agency that uses or receives funds under

this subpart for a fiscal year shall administer an assessment that

is consistent with section 6311(b)(3) of this title.

(b) Determination regarding continuing participation

Each State educational agency that receives funding under the

provisions of law described in section 7345(c) of this title shall

-

(1) after the third year that a local educational agency in the

State participates in a program under this subpart and on the

basis of the results of the assessments described in subsection

(a) of this section, determine whether the local educational

agency participating in the program made adequate yearly

progress, as described in section 6311(b)(2) of this title;

(2) permit only those local educational agencies that

participated and made adequate yearly progress, as described in

section 6311(b)(2) of this title, to continue to participate; and

(3) permit those local educational agencies that participated

and failed to make adequate yearly progress, as described in

section 6311(b)(2) of this title, to continue to participate only

if such local educational agencies use applicable funding under

this subpart to carry out the requirements of section 6316 of

this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6213, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1893.)

-CITE-

20 USC subpart 2 - rural and low-income school program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 2 - rural and low-income school program

.

-HEAD-

subpart 2 - rural and low-income school program

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 7345, 7345a, 7355, 7355a,

7355c, 7801 of this title.

-CITE-

20 USC Sec. 7351 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 2 - rural and low-income school program

-HEAD-

Sec. 7351. Program authorized

-STATUTE-

(a) Grants to States

(1) In general

From amounts appropriated under section 7355c of this title for

this subpart for a fiscal year that are not reserved under

subsection (c) of this section, the Secretary shall award grants

(from allotments made under paragraph (2)) for the fiscal year to

State educational agencies that have applications submitted under

section 7351b of this title approved to enable the State

educational agencies to award grants to eligible local

educational agencies for local authorized activities described in

section 7351a(a) of this title.

(2) Allotment

From amounts described in paragraph (1) for a fiscal year, the

Secretary shall allot to each State educational agency for that

fiscal year an amount that bears the same ratio to those amounts

as the number of students in average daily attendance served by

eligible local educational agencies in the State for that fiscal

year bears to the number of all such students served by eligible

local educational agencies in all States for that fiscal year.

(3) Specially qualified agencies

(A) Eligibility and application

If a State educational agency elects not to participate in

the program under this subpart or does not have an application

submitted under section 7351b of this title approved, a

specially qualified agency in such State desiring a grant under

this subpart may submit an application under such section

directly to the Secretary to receive an award under this

subpart.

(B) Direct awards

The Secretary may award, on a competitive basis or by

formula, the amount the State educational agency is eligible to

receive under paragraph (2) directly to a specially qualified

agency in the State that has submitted an application in

accordance with subparagraph (A) and obtained approval of the

application.

(C) Specially qualified agency defined

In this subpart, the term ''specially qualified agency''

means an eligible local educational agency served by a State

educational agency that does not participate in a program under

this subpart in a fiscal year, that may apply directly to the

Secretary for a grant in such year under this subsection.

(b) Local awards

(1) Eligibility

A local educational agency shall be eligible to receive a grant

under this subpart if -

(A) 20 percent or more of the children ages 5 through 17

years served by the local educational agency are from families

with incomes below the poverty line; and

(B) all of the schools served by the agency are designated

with a school locale code of 6, 7, or 8, as determined by the

Secretary.

(2) Award basis

A State educational agency shall award grants to eligible local

educational agencies -

(A) on a competitive basis;

(B) according to a formula based on the number of students in

average daily attendance served by the eligible local

educational agencies or schools in the State; or

(C) according to an alternative formula, if, prior to

awarding the grants, the State educational agency demonstrates,

to the satisfaction of the Secretary, that the alternative

formula enables the State educational agency to allot the grant

funds in a manner that serves equal or greater concentrations

of children from families with incomes below the poverty line,

relative to the concentrations that would be served if the

State educational agency used the formula described in

subparagraph (B).

(c) Reservations

From amounts appropriated under section 7355c of this title for

this subpart for a fiscal year, the Secretary shall reserve -

(1) one-half of 1 percent to make awards to elementary schools

or secondary schools operated or supported by the Bureau of

Indian Affairs, to carry out the activities authorized under this

subpart; and

(2) one-half of 1 percent to make awards to the outlying areas

in accordance with their respective needs, to carry out the

activities authorized under this subpart.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6221, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1894.)

-MISC1-

PRIOR PROVISIONS

A prior section 7351, Pub. L. 89-10, title VI, Sec. 6301, as

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

3711; amended Pub. L. 105-278, Sec. 2(2), Oct. 22, 1998, 112 Stat.

2682, related to targeted use of funds for local innovative

education programs, prior to the general amendment of this

subchapter by Pub. L. 107-110. See section 7215 of this title.

-CITE-

20 USC Sec. 7351a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 2 - rural and low-income school program

-HEAD-

Sec. 7351a. Uses of funds

-STATUTE-

(a) Local awards

Grant funds awarded to local educational agencies under this

subpart shall be used for any of the following:

(1) Teacher recruitment and retention, including the use of

signing bonuses and other financial incentives.

(2) Teacher professional development, including programs that

train teachers to utilize technology to improve teaching and to

train special needs teachers.

(3) Educational technology, including software and hardware, as

described in part D of subchapter II of this chapter.

(4) Parental involvement activities.

(5) Activities authorized under the Safe and Drug-Free Schools

program under part A of subchapter IV of this chapter.

(6) Activities authorized under part A of subchapter I of this

chapter.

(7) Activities authorized under subchapter III of this chapter.

(b) Administrative costs

A State educational agency receiving a grant under this subpart

may not use more than 5 percent of the amount of the grant for

State administrative costs and to provide technical assistance to

eligible local educational agencies.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6222, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1895.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7351 of this title.

-CITE-

20 USC Sec. 7351b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 2 - rural and low-income school program

-HEAD-

Sec. 7351b. Applications

-STATUTE-

(a) In general

Each State educational agency or specially qualified agency

desiring to receive a grant under this subpart shall submit an

application to the Secretary at such time, in such manner, and

accompanied by such information as the Secretary may require.

(b) Contents

At a minimum, each application submitted under subsection (a) of

this section shall include information on specific measurable goals

and objectives to be achieved through the activities carried out

through the grant, which may include specific educational goals and

objectives relating to -

(1) increased student academic achievement;

(2) decreased student dropout rates; or

(3) such other factors as the State educational agency or

specially qualified agency may choose to measure.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6223, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1895.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7351, 7351c of this

title.

-CITE-

20 USC Sec. 7351c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 2 - rural and low-income school program

-HEAD-

Sec. 7351c. Accountability

-STATUTE-

(a) State report

Each State educational agency that receives a grant under this

subpart shall prepare and submit an annual report to the Secretary.

The report shall describe -

(1) the method the State educational agency used to award

grants to eligible local educational agencies, and to provide

assistance to schools, under this subpart;

(2) how local educational agencies and schools used funds

provided under this subpart; and

(3) the degree to which progress has been made toward meeting

the goals and objectives described in the application submitted

under section 7351b of this title.

(b) Specially qualified agency report

Each specially qualified agency that receives a grant under this

subpart shall provide an annual report to the Secretary. Such

report shall describe -

(1) how such agency uses funds provided under this subpart; and

(2) the degree to which progress has been made toward meeting

the goals and objectives described in the application submitted

under section 7351b of this title.

(c) Report to Congress

The Secretary shall prepare and 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

biennial report. The report shall describe -

(1) the methods the State educational agencies used to award

grants to eligible local educational agencies, and to provide

assistance to schools, under this subpart;

local (FOOTNOTE 1) educational agencies and schools used funds

provided under this subpart; and

(FOOTNOTE 1) So in original. Probably should be preceded by

''(2) how''.

(3) the degree to which progress has been made toward meeting

the goals and objectives described in the applications submitted

under section 7351b of this title.

(d) Academic achievement assessment

Each local educational agency or specially qualified agency that

receives a grant under this subpart for a fiscal year shall

administer an assessment that is consistent with section 6311(b)(3)

of this title.

(e) Determination regarding continuing participation

Each State educational agency or specially qualified agency that

receives a grant under this subpart shall -

(1) after the third year that a local educational agency or

specially qualified agency in the State receives funds under this

subpart, and on the basis of the results of the assessments

described in subsection (d) of this section -

(A) in the case of a local educational agency, determine

whether the local educational agency made adequate yearly

progress, as described in section 6311(b)(2) of this title; and

(B) in the case of a specially qualified agency, submit to

the Secretary information that would allow the Secretary to

determine whether the specially qualified agency has made

adequate yearly progress, as described in section 6311(b)(2) of

this title;

(2) permit only those local educational agencies or specially

qualified agencies that made adequate yearly progress, as

described in section 6311(b)(2) of this title, to continue to

receive grants under this subpart; and

(3) permit those local educational agencies or specially

qualified agencies that failed to make adequate yearly progress,

as described in section 6311(b)(2) of this title, to continue to

receive such grants only if the State educational agency

disbursed such grants to the local educational agencies or

specially qualified agencies to carry out the requirements of

section 6316 of this title.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6224, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1896.)

-MISC1-

PRIOR PROVISIONS

Prior sections 7352 and 7353 were omitted in the general

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

Section 7352, Pub. L. 89-10, title VI, Sec. 6302, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3711,

related to administrative authority. See section 7215a of this

title.

Section 7353, Pub. L. 89-10, title VI, Sec. 6303, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3711,

related to local applications for allocations of funds. See

section 7215b of this title.

-CITE-

20 USC subpart 3 - general provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 3 - general provisions

.

-HEAD-

subpart 3 - general provisions

-CITE-

20 USC Sec. 7355 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 3 - general provisions

-HEAD-

Sec. 7355. Annual average daily attendance determination

-STATUTE-

(a) Census determination

Each local educational agency desiring a grant under section

7345a of this title and each local educational agency or specially

qualified agency desiring a grant under subpart 2 of this part

shall -

(1) not later than December 1 of each year, conduct a census to

determine the number of students in average daily attendance in

kindergarten through grade 12 at the schools served by the

agency; and

(2) not later than March 1 of each year, submit the number

described in paragraph (1) to the Secretary (and to the State

educational agency, in the case of a local educational agency

seeking a grant under subpart (2)). (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''subpart 2).''

(b) Penalty

If the Secretary determines that a local educational agency or

specially qualified agency has knowingly submitted false

information under subsection (a) of this section for the purpose of

gaining additional funds under section 7345a of this title or

subpart 2 of this part, then the agency shall be fined an amount

equal to twice the difference between the amount the agency

received under this section and the correct amount the agency would

have received under section 7345a of this title or subpart 2 of

this part if the agency had submitted accurate information under

subsection (a) of this section.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6231, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1897.)

-CITE-

20 USC Sec. 7355a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 3 - general provisions

-HEAD-

Sec. 7355a. Supplement, not supplant

-STATUTE-

Funds made available under subpart 1 or subpart 2 of this part

shall be used to supplement, and not supplant, any other Federal,

State, or local education funds.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6232, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1897.)

-CITE-

20 USC Sec. 7355b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 3 - general provisions

-HEAD-

Sec. 7355b. Rule of construction

-STATUTE-

Nothing in this part shall be construed to prohibit a local

educational agency that enters into cooperative arrangements with

other local educational agencies for the provision of special,

compensatory, or other education services, pursuant to State law or

a written agreement, from entering into similar arrangements for

the use, or the coordination of the use, of the funds made

available under this part.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6233, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1897.)

-CITE-

20 USC Sec. 7355c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part B - Rural Education Initiative

subpart 3 - general provisions

-HEAD-

Sec. 7355c. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$300,000,000 for fiscal year 2002 and such sums as may be necessary

for each of the 5 succeeding fiscal years, to be distributed

equally between subparts 1 and 2 of this part.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6234, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1897.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7351 of this title.

-CITE-

20 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part C - General Provisions

.

-HEAD-

Part C - General Provisions

-CITE-

20 USC Sec. 7371 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part C - General Provisions

-HEAD-

Sec. 7371. Prohibition against Federal mandates, direction, or

control

-STATUTE-

Nothing in this subchapter 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 specific

instructional content, academic achievement standards and

assessments, curriculum, or program of instruction, as a condition

of eligibility to receive funds under this chapter.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6301, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1897.)

-MISC1-

PRIOR PROVISIONS

A prior section 7371, Pub. L. 89-10, title VI, Sec. 6401, as

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

3712, related to maintenance of effort and supplementary nature of

Federal funds, prior to the general amendment of this subchapter by

Pub. L. 107-110. See section 7217 of this title.

A prior section 6301 of Pub. L. 89-10 was classified to section

7351 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

-CITE-

20 USC Sec. 7372 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND

SECONDARY SCHOOLS

SUBCHAPTER VI - FLEXIBILITY AND ACCOUNTABILITY

Part C - General Provisions

-HEAD-

Sec. 7372. Rule of construction on equalized spending

-STATUTE-

Nothing in this subchapter shall be construed to mandate

equalized spending per pupil for a State, local educational agency,

or school.

-SOURCE-

(Pub. L. 89-10, title VI, Sec. 6302, as added Pub. L. 107-110,

title VI, Sec. 601, Jan. 8, 2002, 115 Stat. 1898.)

-MISC1-

PRIOR PROVISIONS

A prior section 7372, Pub. L. 89-10, title VI, Sec. 6402, as

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

3713, related to participation of children enrolled in private

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

L. 107-110. See section 7217a of this title.

A prior section 6302 of Pub. L. 89-10 was classified to section

7352 of this title, prior to the general amendment of this

subchapter by Pub. L. 107-110.

A prior section 7373, Pub. L. 89-10, title VI, Sec. 6403, as

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

3715, which related to Federal administration, was omitted in the

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

section 7217b of this title.

-CITE-

20 USC SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND

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

.

-HEAD-

SUBCHAPTER VII - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

-COD-

CODIFICATION

Title VII 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 VII is

shown, herein, as having been added by Pub. L. 107-110, title VII,

Sec. 701, Jan. 8, 2002, 115 Stat. 1907, 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 9252 of this title.

-CITE-

20 USC Part A - Indian 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 A - Indian Education

.

-HEAD-

Part A - Indian Education

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1401, 6312, 7824 of this

title.

-CITE-

20 USC Sec. 7401 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

-HEAD-

Sec. 7401. Statement of policy

-STATUTE-

It is the policy of the United States to fulfill the Federal

Government's unique and continuing trust relationship with and

responsibility to the Indian people for the education of Indian

children. The Federal Government will continue to work with local

educational agencies, Indian tribes and organizations,

postsecondary institutions, and other entities toward the goal of

ensuring that programs that serve Indian children are of the

highest quality and provide for not only the basic elementary and

secondary educational needs, but also the unique educational and

culturally related academic needs of these children.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7101, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1907.)

-MISC1-

PRIOR PROVISIONS

A prior section 7401, Pub. L. 89-10, title VII, Sec. 7101, as

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

3716, set forth short title of Bilingual Education Act, prior to

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

SAVINGS PROVISIONS

Pub. L. 107-110, title VII, Sec. 703, Jan. 8, 2002, 115 Stat.

1947, provided that: ''Funds appropriated for parts A, B, and C of

title IX of the Elementary and Secondary Education Act of 1965

(former 20 U.S.C. 7801 et seq., 7901 et seq., 7931 et seq.) (as in

effect on the day before the date of enactment of this Act (Jan. 8,

2002)) shall be available for use under parts A, B, and C,

respectively, of title VII of such Act (parts A, B, and C,

respectively, of this subchapter), as added by this section

(section 701).''

-EXEC-

EX. ORD. NO. 13096. AMERICAN INDIAN AND ALASKA NATIVE EDUCATION

Ex. Ord. No. 13096, Aug. 6, 1998, 63 F.R. 42681, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, in affirmation of the

unique political and legal relationship of the Federal Government

with tribal governments, and in recognition of the unique

educational and culturally related academic needs of American

Indian and Alaska Native students, it is hereby ordered as follows:

Section 1. Goals. The Federal Government has a special, historic

responsibility for the education of American Indian and Alaska

Native students. Improving educational achievement and academic

progress for American Indian and Alaska Native students is vital to

the national goal of preparing every student for responsible

citizenship, continued learning, and productive employment. The

Federal Government is committed to improving the academic

performance and reducing the dropout rate of American Indian and

Alaska Native students. To help fulfill this commitment in a

manner consistent with tribal traditions and cultures, Federal

agencies need to focus special attention on six goals: (1)

improving reading and mathematics; (2) increasing high school

completion and postsecondary attendance rates; (3) reducing the

influence of long-standing factors that impede educational

performance, such as poverty and substance abuse; (4) creating

strong, safe, and drug-free school environments; (5) improving

science education; and (6) expanding the use of educational

technology.

Sec. 2. Strategy. In order to meet the six goals of this order, a

comprehensive Federal response is needed to address the

fragmentation of government services available to American Indian

and Alaska Native students and the complexity of intergovernmental

relationships affecting the education of those students. The

purpose of the Federal activities described in this order is to

develop a long-term, comprehensive Federal Indian education policy

that will accomplish those goals.

(a) Interagency Task Force. There is established an Interagency

Task Force on American Indian and Alaska Native Education (Task

Force) to oversee the planning and implementation of this order.

The Task Force shall confer with the National Advisory Council on

Indian Education (NACIE) in carrying out activities under this

order. The Task Force shall consult with representatives of

American Indian and Alaska Native tribes and organizations,

including the National Indian Education Association (NIEA) and the

National Congress of American Indians (NCAI), to gather advice on

implementation of the activities called for in this order.

(b) Composition of the Task Force. (1) The membership of the Task

Force shall include representatives of the Departments of the

Treasury, Defense, Justice, the Interior, Agriculture, Commerce,

Labor, Health and Human Services, Housing and Urban Development,

Transportation, Energy, and Education, as well as the Environmental

Protection Agency, the Corporation for National and Community

Service, and the National Science Foundation. With the agreement of

the Secretaries of Education and the Interior, other agencies may

participate in the activities of the Task Force.

(2) Within 30 days of the date of this order, the head of each

participating agency shall designate a senior official who is

responsible for management or program administration to serve as a

member of the Task Force. The official shall report directly to the

agency head on the agency's activities under this order.

(3) The Assistant Secretary for Elementary and Secondary

Education of the Department of Education and the Assistant

Secretary for Indian Affairs of the Department of the Interior

shall co-chair the Task Force.

(c) Interagency plan. The Task Force shall, within 90 days of

the date of this order, develop a Federal interagency plan with

recommendations identifying initiatives, strategies, and ideas for

future interagency action supportive of the goals of this order.

(d) Agency participation. To the extent consistent with law and

agency priorities, each participating agency shall adopt and

implement strategies to maximize the availability of the agency's

education-related programs, activities, resources, information, and

technical assistance to American Indian and Alaska Native

students. In keeping with the spirit of the Executive Memorandum

of April 29, 1994 (25 U.S.C. 450 note), on Government-to-Government

Relations with Native American Tribal Governments and Executive

Order 13084 of May 14, 1998 (former 25 U.S.C. 450 note), each

participating agency shall consult with tribal governments on their

education-related needs and priorities, and on how the agency can

better accomplish the goals of this order. Within 6 months, each

participating agency shall report to the Task Force regarding the

strategies it has developed to ensure such consultation.

(e) Interagency resource guide. The Task Force shall identify,

within participating Federal agencies, all education-related

programs and resources that support the goals of this order.

Within 12 months, the Task Force, in conjunction with the

Department of Education, shall develop, publish, and widely

distribute a guide that describes those programs and resources and

how American Indians and Alaska Natives can benefit from them.

(f) Research. The Secretary of Education, through the Office of

Educational Research and Improvement and the Office of Indian

Education, and in consultation with NACIE and participating

agencies, shall develop and implement a comprehensive Federal

research agenda to:

(1) establish baseline data on academic achievement and retention

of American Indian and Alaska Native students in order to monitor

improvements;

(2) evaluate promising practices used with those students; and

(3) evaluate the role of native language and culture in the

development of educational strategies. Within 1 year, the

Secretary of Education shall submit the research agenda, including

proposed timelines, to the Task Force.

(g) Comprehensive Federal Indian education policy.

(1) The Task Force shall, within 2 years of the date of this

order, develop a comprehensive Federal Indian education policy to

support the accomplishment of the goals of this order. The policy

shall be designed to:

(A) improve Federal interagency cooperation;

(B) promote intergovernmental collaboration; and

(C) assist tribal governments in meeting the unique educational

needs of their children, including the need to preserve,

revitalize, and use native languages and cultural traditions.

(2) In developing the policy, the Task Force shall consider ideas

in the Comprehensive Federal Indian Education Policy Statement

proposal developed by the NIEA and the NCAI.

(3) The Task Force shall develop recommendations to implement the

policy, including ideas for future interagency action.

(4) As appropriate, participating agencies may develop memoranda

of agreement with one another to enable and enhance the ability of

tribes and schools to provide, and to coordinate the delivery of,

Federal, tribal, State, and local resources and services, including

social and health-related services, to meet the educational needs

of American Indian and Alaska Native students.

(h) Reports. The Task Force co-chairs shall submit the

comprehensive Federal Indian education policy, and report annually

on the agencies' activities, accomplishments, and progress toward

meeting the goals of this order, to the Director of the Office of

Management and Budget.

Sec. 3. Regional partnership forums. The Departments of

Education and the Interior, in collaboration with the Task Force

and Federal, tribal, State, and local government representatives,

shall jointly convene, within 18 months, a series of regional

forums to identify promising practices and approaches on how to

share information, provide assistance to schools, develop

partnerships, and coordinate intergovernmental strategies

supportive of accomplishing the goals of this order. The

Departments of Education and the Interior shall submit a report on

the forums to the Task Force, which may include recommendations

relating to intergovernmental relations.

Sec. 4. School pilot sites. The Departments of Education and the

Interior shall identify a reasonable number of schools funded by

the Bureau of Indian Affairs (BIA) and public schools that can

serve as a model for schools with American Indian and Alaska Native

students, and provide them with comprehensive technical assistance

in support of the goals of this order. A special team of technical

assistance providers, including Federal staff, shall provide

assistance to these schools. Special attention shall be given,

where appropriate, to assistance in implementing comprehensive

school reform demonstration programs that meet the criteria for

those programs established by the Departments of Labor, Health and

Human Services, and Education, and Related Agencies Appropriations

Act, 1998 (Public Law 105-78) (see Tables for classification), and

to providing comprehensive service delivery that connects and uses

diverse Federal agency resources. The team shall disseminate

effective and promising practices of the school pilot sites to

other local educational agencies. The team shall report to the

Task Force on its accomplishments and its recommendations for

improving technical support to local educational agencies and

schools funded by the BIA.

Sec. 5. Administration. The Department of Education shall provide

appropriate administrative services and staff support to the Task

Force. With the consent of the Department of Education, other

participating agencies may provide administrative support to the

Task Force, consistent with their statutory authority, and may

detail agency employees to the Department of Education, to the

extent permitted by law.

Sec. 6. Termination. The Task Force established under section 2

of this order shall terminate not later than 5 years from the date

of this order.

Sec. 7. General provisions. This order is intended only to

improve the internal management of the executive branch and is not

intended to, and does not, create any right or benefit, substantive

or procedural, enforceable at law or equity by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person. This order is not intended to

preclude, supersede, replace, or otherwise dilute any other

Executive order relating to American Indian and Alaska Native

education. William J. Clinton.

-CITE-

20 USC Sec. 7402 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

-HEAD-

Sec. 7402. Purpose

-STATUTE-

(a) Purpose

It is the purpose of this part to support the efforts of local

educational agencies, Indian tribes and organizations,

postsecondary institutions, and other entities to meet the unique

educational and culturally related academic needs of American

Indian and Alaska Native students, so that such students can meet

the same challenging State student academic achievement standards

as all other students are expected to meet.

(b) Programs

This part carries out the purpose described in subsection (a) of

this section by authorizing programs of direct assistance for -

(1) meeting the unique educational and culturally related

academic needs of American Indians and Alaska Natives;

(2) the education of Indian children and adults;

(3) the training of Indian persons as educators and counselors,

and in other professions serving Indian people; and

(4) research, evaluation, data collection, and technical

assistance.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7102, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1907.)

-MISC1-

PRIOR PROVISIONS

A prior section 7402, Pub. L. 89-10, title VII, Sec. 7102, as

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

3716, set forth findings, policy, and purpose of Bilingual

Education Act, prior to the general amendment of this subchapter by

Pub. L. 107-110.

Prior sections 7403 to 7405 were omitted in the general amendment

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

Section 7403, Pub. L. 89-10, title VII, Sec. 7103, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3718,

authorized appropriations for bilingual education. See section

6801 of this title.

Section 7404, Pub. L. 89-10, title VII, Sec. 7104, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3718,

related to Native American and Alaska Native children in school.

See sections 6822 and 6893 of this title.

Section 7405, Pub. L. 89-10, title VII, Sec. 7105, as added Pub.

L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3719,

related to residents of territories and freely associated nations.

See section 6894 of this title.

-CITE-

20 USC subpart 1 - formula grants to local educational

agencies 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-

subpart 1 - formula grants to local educational agencies

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 7492 of this title.

-CITE-

20 USC Sec. 7421 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. 7421. Purpose

-STATUTE-

It is the purpose of this subpart to support local educational

agencies in their efforts to reform elementary school and secondary

school programs that serve Indian students in order to ensure that

such programs -

(1) are based on challenging State academic content and student

academic achievement standards that are used for all students;

and

(2) are designed to assist Indian students in meeting those

standards.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7111, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1908.)

-MISC1-

PRIOR PROVISIONS

A prior section 7421, Pub. L. 89-10, title VII, Sec. 7111, as

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

3719, related to financial assistance for bilingual education,

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

107-110. See section 6911 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7425 of this title.

-CITE-

20 USC Sec. 7422 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. 7422. Grants to local educational agencies and tribes

-STATUTE-

(a) In general

The Secretary may make grants, from allocations made under

section 7423 of this title, to local educational agencies and

Indian tribes, in accordance with this section and section 7423 of

this title.

(b) Local educational agencies

(1) Enrollment requirements

A local educational agency shall be eligible for a grant under

this subpart for any fiscal year if the number of Indian children

eligible under section 7427 of this title who were enrolled in

the schools of the agency, and to whom the agency provided free

public education, during the preceding fiscal year -

(A) was at least 10; or

(B) constituted not less than 25 percent of the total number

of individuals enrolled in the schools of such agency.

(2) Exclusion

The requirement of paragraph (1) shall not apply in Alaska,

California, or Oklahoma, or with respect to any local educational

agency located on, or in proximity to, a reservation.

(c) Indian tribes

(1) In general

If a local educational agency that is otherwise eligible for a

grant under this subpart does not establish a committee under

section 7424(c)(4) of this title for such grant, an Indian tribe

that represents not less than 1/2 of the eligible Indian children

who are served by such local educational agency may apply for

such grant.

(2) Special rule

The Secretary shall treat each Indian tribe applying for a

grant pursuant to paragraph (1) as if such Indian tribe were a

local educational agency for purposes of this subpart, except

that any such tribe is not subject to section 7424(c)(4), section

7428(c), or section 7429 of this title.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7112, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1908.)

-MISC1-

PRIOR PROVISIONS

A prior section 7422, Pub. L. 89-10, title VII, Sec. 7112, as

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

3719, related to program development and implementation grants,

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. 7423 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. 7423. Amount of grants

-STATUTE-

(a) Amount of grant awards

(1) In general

Except as provided in subsection (b) of this section and

paragraph (2), the Secretary shall allocate to each local

educational agency that has an approved application under this

subpart an amount equal to the product of -

(A) the number of Indian children who are eligible under

section 7427 of this title and served by such agency; and

(B) the greater of -

(i) the average per pupil expenditure of the State in which

such agency is located; or

(ii) 80 percent of the average per pupil expenditure of all

the States.

(2) Reduction

The Secretary shall reduce the amount of each allocation

otherwise determined under this section in accordance with

subsection (e) of this section.

(b) Minimum grant

(1) In general

Notwithstanding subsection (e) of this section, an entity that

is eligible for a grant under section 7422 of this title, and a

school that is operated or supported by the Bureau of Indian

Affairs that is eligible for a grant under subsection (d) of this

section, that submits an application that is approved by the

Secretary, shall, subject to appropriations, receive a grant

under this subpart in an amount that is not less than $3,000.

(2) Consortia

Local educational agencies may form a consortium for the

purpose of obtaining grants under this subpart.

(3) Increase

The Secretary may increase the minimum grant under paragraph

(1) to not more than $4,000 for all grantees if the Secretary

determines such increase is necessary to ensure the quality of

the programs provided.

(c) Definition

For the purpose of this section, the term ''average per pupil

expenditure'', used with respect to a State, means an amount equal

to -

(1) the sum of the aggregate current expenditures of all the

local educational agencies in the State, plus any direct current

expenditures by the State for the operation of such agencies,

without regard to the sources of funds from which such local or

State expenditures were made, during the second fiscal year

preceding the fiscal year for which the computation is made;

divided by

(2) the aggregate number of children who were included in

average daily attendance for whom such agencies provided free

public education during such preceding fiscal year.

(d) Schools operated or supported by the Bureau of Indian Affairs

(1) In general

Subject to subsection (e) of this section, in addition to the

grants awarded under subsection (a) of this section, the

Secretary shall allocate to the Secretary of the Interior an

amount equal to the product of -

(A) the total number of Indian children enrolled in schools

that are operated by -

(i) the Bureau of Indian Affairs; or

(ii) an Indian tribe, or an organization controlled or

sanctioned by an Indian tribal government, for the children

of that tribe under a contract with, or grant from, the

Department of the Interior under the Indian

Self-Determination Act (25 U.S.C. 450f et seq.) or the

Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et

seq.); and

(B) the greater of -

(i) the average per pupil expenditure of the State in which

the school is located; or

(ii) 80 percent of the average per pupil expenditure of all

the States.

(2) Special rule

Any school described in paragraph (1)(A) that wishes to receive

an allocation under this subpart shall submit an application in

accordance with section 7424 of this title, and shall otherwise

be treated as a local educational agency for the purpose of this

subpart, except that such school shall not be subject to section

7424(c)(4) of this title, section 7428(c) of this title, or

section 7429 of this title.

(e) Ratable reductions

If the sums appropriated for any fiscal year under section

7492(a) of this title are insufficient to pay in full the amounts

determined for local educational agencies under subsection (a)(1)

of this section and for the Secretary of the Interior under

subsection (d) of this section, each of those amounts shall be

ratably reduced.

-SOURCE-

(Pub. L. 89-10, title VII, Sec. 7113, as added Pub. L. 107-110,

title VII, Sec. 701, Jan. 8, 2002, 115 Stat. 1908.)